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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --FORTY-NINTH DAY--TUESDAY, April 15, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Ralls.
On motion of Mr. Currin, leave of absence was granted Messrs. Atkins and Wright of Tennessee.
On motion of Mr. Davis, the House took up for consideration a resolution offered by him to remove the injunction of secrecy from the action of the House on yesterday on the bill further to provide for the public defense.
Mr. Gaither demanded the yeas and nays thereon;
Which being seconded,
Yeas: Arrington, Ayer, Barksdale, Batson, Bell, Boteler, Boyce, Breckinridge, Horatio W. Bruce, Burnett, Chambers, Chambliss, Chilton, Clark, Clopton, Conrow, Currin, Curry, Dargan, Davidson, Davis, Dawkins, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Gaither, Gardenhire, Gartrell, Gentry, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lander, Lewis, Lyon, Machen, Marshall, McDowell, McLean, McRae, McQueen, Menees, Miles, Moore, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Smith of Alabama, Staples, Swan, Tibbs, Trippe, Welsh, Wright of Georgia, and Mr. Speaker.
Nays: Ewing and Royston.
So the resolution was adopted.
The Chair laid before the House an amendment of the Senate to a joint resolution of the House fixing the time for the adjournment of Congress.
The resolution was taken up, and the question being on the amendment of the Senate, viz: Strike out all after the word "Resolved" and insert in lieu thereof the words
(the House of Representatives concurring), That Congress will adjourn on Monday, the twenty-first day of April, eighteen hundred and sixty-two, at twelve o'clock meridian, to meet again on the third Monday in August next.
Mr. Curry called the question.
Upon the seconding the call for the question, Mr. Smith of Virginia demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Batson, Boyce, Breckinridge, Bridgers, Burnett, Chilton, Clark, Clopton, Conrow, Curry, Davidson, Dawkins, Dupré, Elliott, Ewing, Foster, Gaither, Gardenhire, Garnett, Gartrell, Hanly, Hartridge, Heiskell, Hilton, Jones, Kenan of North Carolina, Kenner, Lewis, Lyon, McDowell, McLean, Pugh, Ralls, Royston, Singleton, Smith of Alabama, Strickland, Trippe, Vest, and Wright of Georgia.
Nays: Ayer, Barksdale, Bell, Boteler, Horatio W. Bruce, Chambers, Chambliss, Conrad, Dargan, Davis, De Jarnette, Farrow, Foote, Gentry, Goode, Graham, Gray, Harris, Herbert, Holcombe, Holt, Johnston, Lander, Lyons, Machen, McRae, McQueen, Menees, Miles, Moore,
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Perkins, Preston, Russell, Sexton, Smith of Virginia, Tibbs, Welsh, and Mr. Speaker.
So the question was ordered.
And, on agreeing to the amendment, Mr. Davis demanded that the vote be taken by yeas and nays;
Which was seconded,
Yeas: Arrington, Batson, Breckinridge, Bridgers, Burnett, Chambers, Chambliss, Chilton, Clark, Clopton, Conrow, Curry, Davidson, Dupré, Ewing, Foster, Gaither, Gardenhire, Gartrell, Hanly, Hartridge, Heiskell, Herbert, Holt, Jones, Kenan of North Carolina, Kenner, Lewis, Lyon, Marshall, McDowell, McLean, Pugh, Royston, Singleton, Smith of Alabama, Strickland, Tibbs, Trippe, Vest, and Wright of Georgia.
Nays: Ayer, Barksdale, Bell, Boteler, Boyce, Horatio W. Bruce, Conrad, Davis, Dawkins, De Jarnette, Elliott, Farrow, Foote, Garnett, Gentry, Goode, Graham, Gray, Harris, Hilton, Holcombe, Johnston, Lander, Lyons, Machen, McRae, McQueen, Menees, Miles, Moore, Perkins, Preston, Read, Russell, Sexton, Smith of Virginia, Swan, Welsh, and Mr. Speaker.
So the amendment was agreed to.
Mr. Heiskell moved that the House reconsider the vote by which the amendment of the Senate was agreed to, and called the question thereon; which being seconded,
Mr. Gaither asked that the vote be taken by yeas and nays;
Which was seconded,
Yeas: Ayer, Barksdale, Bell, Boteler, Horatio W. Bruce, Chambers, Conrad, Currin, Davis, Dawkins, De Jarnette, Elliott, Farrow, Gardenhire, Garnett, Gentry, Goode, Graham, Gray, Harris, Hilton, Holcombe, Jenkins, Johnston, Lander, Lyons, Machen, McRae, McQueen, Menees, Miles, Perkins, Preston, Read, Russell, Sexton, Singleton, Smith of Virginia, Staples, Swan, Welsh, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Batson, Boyce, Breckinridge, Bridgers, Burnett, Chambliss, Chilton, Clark, Clopton, Conrow, Curry, Davidson, Dupré, Ewing, Foote, Foster, Gaither, Gartrell, Hanly, Hartridge, Heiskell, Herbert, Holt, Jones, Kenan of North Carolina, Kenner, Lewis, Lyon, Marshall, McDowell, McLean, Moore, Pugh, Royston, Smith of Alabama, Strickland, Tibbs, Trippe, Vest, and Wright of Georgia.
So the motion to reconsider prevailed.
And the question being on agreeing to the amendment,
Mr. Conrad demanded the question; which was ordered, and Mr. Davis asked that the vote be taken by yeas and nays;
Which was seconded,
Yeas: Arrington, Batson, Breckinridge, Bridgers, Burnett, Chambers, Chambliss, Chilton, Clark, Clopton, Conrow, Curry, Dargan, Davidson, Dupré, Ewing, Foster, Gaither, Gartrell, Graham, Hanly, Hartridge, Herbert, Holt, Jones, Kenan of North Carolina, Kenner, Lewis, Lyon, Marshall, McDowell, McLean, Moore, Pugh, Ralls,
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Royston, Singleton, Smith of Alabama, Strickland, Tibbs, Trippe, Vest, Wright of Georgia, and Wright of Texas.
Nays: Ayer, Barksdale, Bell, Boteler, Boyce, Horatio W. Bruce, Conrad, Currin, Davis, De Jarnette, Elliott, Farrow, Foote, Gentry, Goode, Gray, Harris, Heiskell, Hilton, Holcombe, Jenkins, Johnston, Lander, Lyons, Machen, McRae, McQueen, Menees, Miles, Perkins, Preston, Read, Russell, Sexton, Smith of Virginia, Staples, Swan, Welsh, and Mr. Speaker.
So the amendment was agreed to.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed bills of this House of the following titles, viz:
The Senate have also passed bills of the following titles, viz:
In both of which I am directed to ask the concurrence of this House.
On motion of Mr. Jones, the call of States was suspended, and the House proceeded to call the committees.
Mr. Harris, from the Committee on Military Affairs, to whom was referred
A bill for the relief of the families of soldiers in the service of the Confederate States,
reported the same back, with the recommendation that it pass.
The bill was ordered to be printed and placed upon the Calendar.
Mr. Miles, from the same committee, to whom was referred
A bill of the Senate relative to the pay and allowances of deceased soldiers,
reported the same back, with the recommendation that it pass with the following amendment, to wit: Strike out all after enacting clause and insert as follows:
That the pay and allowances now due, or which may hereafter be due, to any deceased commissioned officer, noncommissioned officer, musician, private, or other person for services in the Army of the Confederate States of America, shall be paid to the widow of the deceased, if living; if not, to the child or children, if any; and, in default of widow, child, or children, to the father, if living; and if not, then to the mother; and if no mother be living, then to the brothers and sisters; and should none of the persons already specified be living to whom payment is directed to be made, such payment shall be made to the next of kin or heirs general of such deceased persons, under such rules and regulations as shall be prescribed by the proper officers of the Treasury Department.
The rules were suspended;
The bill was taken up, and having been read as follows, to wit:
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Mr. Jones moved to strike out from the amendment the words "or heirs general."
Mr. Lewis moved to amend the amendment of the committee by striking out all of the paragraph after the words "brothers and sisters."
Mr. Foote called the previous question; which being seconded, the amendment offered by Mr. Lewis was lost, and the amendment of Mr. Jones was agreed to.
The bill as amended was then ordered to be engrossed.
Mr. Heiskell moved to reconsider the vote by which the engrossment of the bill was ordered.
The motion was lost, and the bill was read a third time and passed.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have agreed to the amendments of the House of Representatives to the bill (S. 32) to further provide for the public defense.
Mr. Miles, from the Committee on Military Affairs, to whom was referred
A bill to provide for calling forth the militia, etc.,
reported the same back, asked to be discharged from its further consideration, and that the bill be indefinitely postponed; which was agreed to.
Mr. Miles, from the same committee, reported
A bill to organize battalions of sharpshooters,
with the recommendation that it pass; which was read the first and second times.
The rules were suspended, and the bill was taken up.
Mr. Jones demanded the question; which being ordered, the bill was engrossed, read a third time, and passed.
Mr. Miles, from same committee, reported
A bill to increase the clerical force of the Quartermaster's Bureau, and recommended its passage; which was read the first and second times.
The rules were suspended, and the bill was taken up.
Mr. Ewing moved to amend by adding thereto the following:
Provided, That no person now subject to military duty shall be appointed.
Mr. Gardenhire moved the previous question; which being ordered, the amendment was agreed to.
The bill was then engrossed as amended, read a third time, and passed.
Mr. Dawkins moved that the vote by which the bill was passed be reconsidered.
The motion was lost.
Mr. Conrad, from the Committee on Naval Affairs, to whom was referred an amendment, of the Senate to a bill to encourage the manufacture of saltpeter and of small arms, reported the same back, with the recommendation that it be concurred in.
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The bill was taken up, and the first section of the same having been read as follows, to wit:
The Congress of the Confederate States of America do enact, That any person or persons who may propose to establish within the limits of the Confederate States a manufactory or manufactories of saltpeter and of small arms adapted to the use of the Army, shall be entitled to receive from the Government an advance of fifty per cent of the amount required for the erection and preparation of the works and machinery necessary for such manufactory or manufactories, to be paid without interest in the product of such manufactory or manufactories, at a price to be agreed upon before such advance shall be made, and subject to the following conditions, to wit: First. That the contractor or contractors shall submit to the President a plan of the proposed works, showing their location, nature, and extent, together with a sworn estimate of their probable cost, and a detailed account, under oath, of the amount already expended on the same, which amount shall be at leant twenty-five per cent of the entire estimated cost of such work. Second. That the amount so advanced shall he paid in installments as the work shall progress toward completion. Third. That the proposed enterprise and works shall be approved by the President. Fourth. That the contractor or contractors shall enter into a bond with sufficient security, to be approved by the President, in the penalty of double the amount proposed to be advanced, and conditioned that the principal obligor shall well and truly, by a certain time (which may be extended by the President if he thinks proper) named in the bond, proceed to erect, complete, and put into effective operation the manufactory or manufactories proposed. That he or they will expend the sum named for these purposes; that he or they will appropriate the money advanced by the Government to such purposes, and to no other use or purpose, and as far as practicable, will keep the properly insured, and that he or they will repay the same from the first merchantable articles manufactured until he or they shall fully repay to the Confederate States, in the article and at the price stipulated, for the sum advanced. That the contractor or contractors shall subscribe a written oath, indorsed upon the back of said bond, which may be administered by any one authorized to administer an oath, that said advance is asked for the purposes specified in this act, and no other, and that he or they will apply said funds which may thus be advanced, and a willful and corrupt violation of this oath shall be deemed perjury, and punishable by imprisonment for not less than three or more than ten years.
The question being on agreeing to the amendment, which is as follows: Strike out the word "first" and after the word "manufactured" insert the words
to be delivered at such times and in such quantities as may be agreed upon, the same in all cases to be inspected by a Government officer before it is received.
The same was agreed to.
Mr. Russell, from the same committee, to whom was referred
A bill to provide for the appointment of chaplains at the naval hospitals,
reported the same back, with the recommendation that it pass.
The rules were suspended;
The bill was taken up, engrossed, read a third time, and passed.
Mr. Wilcox, by the consent of the House, offered the following resolution; which was read and agreed to:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of suspending the collection of the war tax against the soldiers now in the service of the Confederate States or State service, and that they report at the present session by bill or otherwise.
Mr. Smith of Virginia, by the consent of the House, offered
A resolution that the Committee on Finance inquire into the expediency of requiring all foreigners resident in the Confederate States to procure the evidence of some officer of this Government upon their passports entitling them to residence here at a charge of $-- for each visa, to be renewed annually, the proceeds of said charges to be
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paid into the public Treasury; and to report by bill or otherwise what legislation, if any, should be adopted on this subject;
which was read and agreed to.
On motion, leave of absence was granted Mr. Garland.
Mr. Boyce presented a design for a flag and seal by Samuel M. Wolfe, of Virginia; which was referred to the Committee on the Flag and Seal.
Mr. Barksdale presented a design for a flag and seal; which was referred to the same committee.
Mr. Chambliss offered a resolution
That the President be requested to communicate to this House the report of the cruise of the Nashville, together with the official correspondence of its commander with the British Admiralty Office and other parties in England;
which was read and agreed to.
Mr. Foote, from the special committee appointed to investigate the recent disasters at Forts Henry and Donelson, made the following report, to wit:
The special committee appointed to inquire into causes of the recent disasters at Fort Henry and Fort Donelson, and into the circumstances connected with the surrender of the city of Nashville into the hands of the enemy, to which committee various other collateral matters have been subsequently referred, beg leave to report: That they have, in the performance of the duties assigned them, found it necessary to accumulate a large mass of testimony, all of which is herewith reported to this House for such action in regard to the same as shall he deemed expedient. It is recommended by the committee that the House do cause said testimony, together with such other as may be taken, to be printed for the use of members.
The report was agreed to.
Mr. Barksdale, from the Committee on Printing, to whom was referred
A resolution for the preservation of public documents, reported the same back, with the recommendation that it pass.
The rules were suspended;
The resolution was taken up, engrossed, read the third time, and adopted.
Mr. Miles, from the Committee on Military Affairs, to whom was referred
A bill of the Senate to recognize the organization of certain military companies,
reported the same back, with the recommendation that it pass.
The rules were suspended;
The bill was taken up, read a third time, and passed.
Mr. Gartrell, from the Committee on the Judiciary, to whom was referred
A Senate bill declaring the officer who shall act as President in ease of vacancies in the offices both of President and Vice-President,
reported the same back, with the recommendation that it pass.
The rules were suspended, and the bill was taken up.
Mr. Jones moved that the bill be recommitted to the committee, with instructions to incorporate in it the principles of the provisions of the law of the United States in regard to the election of President in case the offices of President and Vice-President shall become vacant.
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Mr. Hilton demanded the question; which being ordered, Mr. Jones called for the yeas and nays.
The call being sustained,
Yeas: Ayer, Batson, Boteler, Boyce, Horatio W. Bruce, Conrad, Currin, Curry, Gardenhire, Gentry, Goode, Heiskell; Jenkins, Jones, Kenan of North Carolina, Lyons, McQueen, Perkins, Preston, Russell, Smith of Alabama, Smith of Virginia, and Swan.
Nays: Bell, Burnett, Chambers, Chambliss, Chilton, Clark, Clopton, Conrow, Dargan, Dawkins, Ewing, Farrow, Gaither, Garnett, Gartrell, Graham Hartridge, Hilton, Holcombe, Holt, Johnston, Lander, Lewis, Lyon, Machen, McDowell, McLean, McRae, Miles, Moore, Pugh, Ralls, Read, Royston, Singleton, Strickland, Tibbs, Vest, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.
So the motion was lost.
Mr. Jones moved to amend the bill by adding thereto that section of the law, striking out the words "United States," where occurring, and inserting in lieu thereof the words "Confederate States."
On motion of Mr. Royston, the amendment was laid on the table.
Mr. Gartrell called for the question; which was ordered.
And the bill was engrossed, read a third time, and passed.
Mr. Gartrell, from the same committee, to whom was referred
A bill to authorize the apprehension of suspicious persons in time of war, and to suspend the writ of habeas corpus,
reported the same back, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.
Mr. Gartrell, from same committee, to whom was referred
A bill to authorize the apprehension of suspicious persons and to modify the act to suspend the writ of habeas corpus,
reported the same back, asked to be discharged from its further consideration, and that the bill lie upon the table; which was agreed to.
Mr. Dargan, from the same committee, reported
A bill to limit the act authorizing the suspension of the writ of habeas corpus,
with the recommendation that it pass; which was read the first and second times.
The rules were suspended, and the bill was taken up.
The first section having been read as follows:
That the act authorizing the suspension of the writ of habeas corpus is hereby limited to arrests made by the authorities of the Confederate Government, or for offenses against the same.
Mr. Swan moved to amend the same by inserting before the word "authorities" the word "military."
The amendment was lost.
The bill was then engrossed, read a third time, and passed.
Mr. Gartrell, from the same committee, to which was referred resolutions in relation to trading with the enemy, reported
A bill to be entitled "An act to punish trading with the enemy during the present war,"
with the recommendation that it pass.
The bill was read the first and second times.
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The rules were suspended, and the bill was taken up and read as follows, to wit:
The Congress of the Confederate States of America do enact, That if any citizen or person residing in any one of the Confederate States or any Territory thereof shall. during the continuance of the present war, sell, barter, or exchange any cotton or tobacco, to or with an alien enemy, such person so offending, upon conviction, shall be fined in a sum not less than one thousand nor over five thousand dollars and shall be imprisoned in the penitentiary not less than two years, nor more than ten years, at the discretion of the court trying such offense.
Mr. Miles moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof, to wit:
That it shall be unlawful for any person, either by himself or his agents, or in any manner whatever, to transport to any port or place within the Confederate States which may be at the time in the possession of the enemy, or to sell therein any cotton, tobacco, sugar, rice, molasses, sirup, or naval stores.
The amendment was agreed to.
Mr. Swan moved to amend by adding at the end of the first section the following:
or who shall, with a view to sell the same to the enemy, transport the same to a place threatened by the enemy.
Upon which Mr. Ralls called the question; which being ordered, the motion was lost.
Mr. Foote moved to amend by adding at the end of the first section the following:
or transport to any place threatened by the enemy, with the intention to cause the same to fall into the enemy's hands, either by sale or otherwise,
And called the question thereon; which being ordered, the motion was lost.
Mr. Kenner of Louisiana moved that hereafter the regular hour of meeting be 11 o'clock a. m.
Mr. Foote moved to amend by striking out "11" and inserting "10."
The motion was lost.
Mr. Foote then moved to amend by striking out "11" and inserting "10.30."
The motion was lost, and the motion of Mr. Kenner was agreed to.
Leave of absence was, on motion, granted Mr. Garnett.
On motion of Mr. Smith of Virginia, the House took a recess until 7.30 o'clock.
On reassembling, leave of absence was granted Mr. Chambers.
Mr. Gartrell moved to amend the amendment of Mr. Miles to the bill to punish trading with enemy during the present war by inserting before the words "to transport" the words "to sell, barter, or exchange to or with an alien or domestic enemy, or."
Mr. Crockett moved to amend the amendment by adding after the words "alien enemy" the words "or disloyal citizen or subject."
The amendment was lost.
And the question being on agreeing to the amendment of Mr. Gartrell,
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Mr. Jones called for the yeas and nays;
Which were ordered,
Yeas: Batson, Horatio W. Bruce, Burnett, Chambliss, Chilton, Clark, Clopton, Conrad, Cooke, Crockett, Dawkins, De Jarnette, Ewing, Farrow, Foote, Foster, Gardenhire, Gartrell, Goode, Hartridge, Herbert, Holt, Jones, Lyons, Machen, Marshall, McDowell, Menees, Perkins, Pugh, Royston, Sexton, Singleton, Smith of Virginia, Swan, Tibbs, Trippe, Welsh, Wright of Georgia, Wright of Texas, and Mr. Speaker.
Nays: Boyce, Bridgers, Eli M. Bruce, Currin, Davidson, Davis, Gentry, Harris, Hilton, Holcombe, Kenner, Lander, Lyon, McLean, McQueen, Miles, Ralls, Read, Russell, and Wilcox.
Mr. Crockett moved a reconsideration of the vote by which the amendment was agreed to.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill to further provide for the public defense.
The Speaker signed the same.
Mr. Holt called the question on the motion of Mr. Crockett; which being ordered, the motion to reconsider was lost.
Mr. Foster moved to amend by adding at the end of the first section the following:
Provided, it shall and may be lawful for any owner of cotton, tobacco, rice, sugar, or molasses to sell the same at their option, provided they shall receive in exchange for the same gold or silver or provisions or any article necessary to the more vigorous prosecution of the war.
Mr. Gardenhire demanded the previous question; which being ordered, the amendment was lost.
And the bill as amended was engrossed, read a third time, and the question being on its passage, Mr. Foster called for the yeas and nays,
Yeas: Ayer, Barksdale, Batson, Boyce, Bridgers, Eli M. Bruce, Burnett, Chambers, Chambliss, Chilton, Clark, Clopton, Cooke, Davidson, Davis, De Jarnette, Ewing, Gardenhire, Gartrell, Goode, Harris, Hartridge, Herbert, Hilton, Holt, Kenner, Lander, Lyon, Marshall, McDowell, McLean, McRae, McQueen, Miles, Perkins, Pugh, Read, Royston, Singleton, Smith of Alabama, Swan, Tibbs, Trippe, Welsh, Wright of Texas, and Mr. Speaker.
Nays: Horatio W. Bruce, Crockett, Foster, Gentry, Heiskell, Johnston, Jones, Machen, Menees, Ralls, Wilcox, and Wright of Georgia.
So the bill was passed.
The title, on motion, was then amended by striking out all of the original and inserting as follows, to wit:
A bill to prohibit the transportation and sale of certain articles in any port or place within the Confederate States in the possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named to alien or domestic enemies.
On motion of Mr. Foote,
The House resolved itself into secret session.
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SECRET SESSION.
The House being in secret session,
Mr. Foote moved to take up for consideration joint resolutions for the better security of the archives and Government of the Confederate States.
The motion prevailed;
When,
Mr. Cooke moved that the House do now adjourn.
The motion was lost.
And the question being upon agreeing to the resolution,
Mr. Crockett demanded the yeas and nays.
The demand was not sustained, and the resolution was adopted.
Mr. Garnett offered
A joint resolution to pledge the honor of the Government to the defense of Virginia;
which was read first and second [times];
When,
Mr. Kenner moved to adjourn, and Mr. Garnett demanded the yeas and nays.
The demand was not sustained,
And the House adjourned until 11 o'clock to-morrow.
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