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mitted the following resolution; which was read, || temporarily vacant is not to be entitled to The SPEAKER. If there is no objection it considered, and agreed to: extra compensation therefor.

will be considered as pending with the proviso Resolved, that the President be requested to instruct The fourth section provides for the repeal which was ruled out in Committee of the Whole. the minister oft e United States to the Sublime Porte of all laws inconsistent with the provisions of

Mr. JIAYNARD. I object. to urxe up nihe Government of the Sultan the abolition of all restriction and charges upon the passage

this act and of all acts heretofore passed on Mr. WASHBURNE, of Illinois. Then I of vessels of war and commerce through the Straits the subject of temporarily supplying vacancies ask that the gentleman from Pennsylvania [Mr. of the Dardanelles and Bosphorus to the Black Sea, in the Executive Departments, or which em- STEVENS] may take up the bill in order tbat I and to endeavor to procure the perfect freedom ofnavigation through those straits to all classes of vessels.

power the President to authorize any person may move to suspend the rules for the purpose SOLDIERS' BOUNTIES.

or persons to perform the duties of ihe head adding that proviso to the bill.
of any executive Department or of any officer

Nir. MOORHEAD. I cannot yield for that. Mr. SHANKS, by unanimous consent, sub- || in either of the Departments in case of vacancy Mr. STEVENS, of Pennsylvania. I hope mitted the following preamble and resolution ; therein or inability of such head of a Depari- the gentleman will not object. I have conwhich were read, considered, and, on inotion ment or officer to discharge the duties of his sulted the city authorities, and they agree to of Mr. Garfield), referred to the Committee on || office.

what I have now stated. Military Affairs :

Mr. BOUTWELL. Mr. Speaker, this bill Mr. WASHBURNE, of Illinois. I will give Whereas a large number of soldiers entered the

was reported by order of the Judiciary Com- notice, then, as the gentleman from Pennsyl. service for the term ofthree years and were mustered mittee. It relates to appointments by the vania [Mr. MoorHEAD] delines to yield, that out with their regiments by general orders on account President ad interim, and limits those appoint. I shall, as soon as an opportunity offers, move of expiration of their term of service, the musterout taking place a lew days short of the three full

ments to ten days, but provides, whenever to suspend the rules in order to have that years, and ine pay department rules that under there is a vacancy in the secretaryship of any proviso added. existing laws such persons are not entitled to the of the Departments or in the headship of any

Mr. STEVENS, of Pennsylvania. I hope $100 additional bounty, but only entitled to the fifty dollars additional bounty; and whicreas there are

of the bureaus by operation of law, that then it will be agreed to after niy colleague has stoppages of the payment of additional bounty in the person next in office shall take charge and made his motion. many cases for the reason that at some time during perform the duties; in case of the Secretary, Mr. MOORHEAD. I move that the rules their service entries of desertion appear on the rolls against the applicant though there has been uo trial

the Assistant Secretary, or in case of the head be suspended and that the House resolve itself or conviction and the soldier has faithfully served

of a bureau, the chief clerk. The power of into the Committee of the Whole on the state out his time and received an honorable discharge; the President to appoint a person ad interim

ot'the Union, with a view of laying aside every. and whereas the act of Congress of February 21, 1863, does not allow the heirs of discharged soldiers the

is limited to ten days. If he desires to fill the thing that has precedence of the tariff bill. additional bounty if the soldier died prior to the act vacancy he can send in the name to the Sen- Mr. FARNSWORTH. How many bills are of July 28, 1866; and whereas soldiers enligting in ate. The bill we propose as a substitute for there preceding the tariff bill? 1861 and subsequently, who were discharged before serving two years on account of disabilities con

the Senate bill applies to the bureaus in the The SPEAKER. The Chair has not counted tracted in the service, received no original bounty various Departments the principle which in them. Gentlemen can see for themselves by and are not alowed additional bounty; and whereas the Senate bill is applied to the Departments.

reference to the Calendar. soldiers who enlisted in 1861, 1802, and 1863 for threo years, and served over two years, and were discharged

This is a fair statement of the purport of the The question being put on the motion of Mr. to accept promotion, having received the original bill; and I now demand the previous question. MOORHEAD, there were-ayes 56, noes 33 ; no bounty are now not entitled to any additional bounty; The previous question was seconded and the quorum voting. Therefore

Be it resolved, That the Committee on Military main question ordered ; and under the opera. Tellers were ordered ; and the Chair appointed Affairs be hereby instructed to investigate these sev- tion thereof the substitute was adopted. Messrs. MOORIIEAD, and Wilson of lowa. eral above-named subjects of alleged inequalities of The bill, as amended, was ordered to a third The House divided; and the tellers rethe law touching bounties, and if corrections are necessary to the full and equal disposition of justice

reading; and it was accordingly read the third ported--ayes 65, noes 36. to all concerned, to report to this House for its action time, and passed.

So the motion was agreed to. by bill or otherwise.

Mr. BOUTWELL moved to reconsider the The House accordingly resolved itself into Mr. LAWRENCE, of Ohio. I ask unani- vote by which the bill was passed ; and also

the Committee of the Whole on the state of the mous consent to offer a joint resolution. moved thai the motion to reconsider be laid on Union, (Mr. Dawes in the chair,) and proMr. VAN HORN, of Missouri. I object. the table.

ceeded to the consideration of business on the The latter motion was agreed to.

Calendar of the Committee of the Whole. VACANCIES IN EXECUTIVE DEPARTMENTS.


MEETING OF CONGRESS. Mr. BOUTWELL, by unanimous consent, from the Committee on the Judiciary, reported

Mr. WASHBURNE, of Illinois, froin the The CHAIRMAN. The first business on

Committee on Appropriations, reported back the Calendar of the Committee of the whole back with an amendment in the form of a

the amendments of the Senate to House bill is the bill (H. R. No. 81) in regard to the substitute, a bill (S. No. 352) to authorize the

No. 818, making appropriations for sundry meeting of Congress. temporary supplying of vacancies in the Executive Department.

civil expenses of the Government for the year Mr. MOORHEAD. I move to lay aside that The substitute was read. It provides in the

ending the 30th of June, 1869, and for other bill for the purpose of reaching the tariff bill. first section that in case of the death, resig:

purposes, with a report; which were referred The question being put on the motion of nation, absence or sickness of the bead of any

to the Committee of the Whole on the state of Mr. MOORHEAD, there were-ayes 52, uoes 27; Executive Department of the Government,

the Union, made the special order for to-mor- no quorum voting. the first or sole assistant thereof shall, unless

row after the morning hour, and the report Tellers were ordered; and the Chair appointed ordered to be printed.

Messrs. MOORHEAD,and WASHBURNE of Illinois. otherwise directed by the President of the United States as subsequently provided, per


The coinmittee divided; and the tellers reform the duties of such head until a successor

ported-ayes 65, noes 22; no quorum voting:

Mr. STEVENS, of Pennsylvania. I am not Under the rule the roll was then called, and be appointed or such absence or sickness shall well, and before leaving the House I desire to

the following members failed to answer to their cease.

make some arrangement in reference to the The second section provides that in case of deficiency appropriation bill. I move that its

Messrs. Adams, Archer, Arnell, James M. Ashley, the death, resignation, absence, or sickness of further consideration be postponed until Fri. Axteli, Baldwiu, Barnes. Barnum, Beuman, Beck, the chief of any bureau, or of any officer | day next. There are two amendments which Bingham, Blaine, Boyer, Bromwell, Brooks, Broomthereof whose appointment is not in the head I wish to offer. One is the appropriation for

all, Buckland, Burr, Roderick R. Butler, Cary, Cban

ler, Reader W.Clarko, Cook, Cornell, Covode, Dixon, of an executive Department, the deputy of payments to the city of Washington, which was Dodge, Eckley, Eggleston, Eldridge, Ferriss, Fields. such chief or of such oflicer, or if there be no stricken out because of an obnoxious provis- Finney, Fox, Getz, Glossbrenuer, Golladay. Gravely, deputy, then the chief clerk of such bureau, || ion. I propose to offer that appropriation

Haight, Halsey, Harding, Llawkins, Hill, Holman, shall, unless otherwise directed by the Presi

Hotchkiss, Asabel W. Hubbard, Chester D. Hubbard, again and another amendment, and then let Richard D. Hubbard, Humphrey, Jones, Kerr, dent of the United States as subsequently pro- the bill be postponed until Friday next.

Ketcbam, Knott, Latlin, Lincoln, Marshall, McCorvided, perform the duties of such chief or of Mr. WASHBURNE, of Minois. I do not

inick, MrCullough. Mekec, Morrell, Morrissey,

Mungen, Myers, Newcomb, Niblack, Nicholson, such officer until a successor be appointed or think we ought to postpone the deficiency Nunn, Phelps, Polsley, Pruyn, Randall, Robertson, such absence or sickness shall cease.

appropriation bill. It can be taken up and Robinson, Ross, Scotield, Seiye, Shellabarger, SitThe third section provides that in any of the acted on at an earlier day, and we ought to

greaves, Stark weather, Stokes, Taber, Thomas, John

Trimble, Lawrence S. Trimble, Van Aerman, Van cases before mentioned it shall be lawful for get these appropriatiou bills before committees Auken, Van Trump, Van Wyck, Ward, Welker, John the President of the United States, in his dis- of conference as soon as possible. If we do

T. Wilson, Stephen F. Wilson, Wood, and Wood wird. cretion, to authorize and direct the head of it this week we will be ready to adjourn at the The committee then rose; and the Speaker any other executive Department, or other offi- end of next week.

having resumed the chair, Mr. Pomeroy recer in either of those Departments, whose ap. One word further. We may as well settle ported that the Committee of the Whole on pointment is, by and with the advice and con- another matter here. There were points of the state of the Union having had under consent of the Senate, vested in the President, to order made on two provisos. One was made sideration House bill No. 81, in regard to the perform the duties of the vacant office until the by my colleague [Mr. INGERSOLL] in regard meeting of Congress, and finding itself withappointment of a successor, or until the sick to the appropriation to pay for improvements out a quorum, had directed the roll to be called ness or absence of the incuinbent shall cease. in the city of Washington. I understand he is and the names of the absentees to be reported But nothing in this act is to authorize such willing to withdraw his objection so that the to the House, supplying of a vacancy for a longer period proviso shall stand.

The SPEAKER. One hundred and one than ten days when such vacancy shall have Mr. INGERSOLL. I do so in view of the members baviug answered to their names, bebeen occasioned by death or resignation; and fact that those to whom the money is due are ing one more than a quorum, the committee the officer so performing the duties of the office very much in need of it.

will resume its session without further question.




The Committee of the Whole on the state Gravely. Haight, Harding, liill, IIolman, Hotchkiss, NIGHT SESSION FOR PENSION BILLS. of the Union accordingly resumed its session,

Asahel w. Hubbard, Richard D. Hubbard, Hum-
phrey, Johnson, Thomas L. Jones, Kerr, Ketcham,

Mr. MILLER. I ask unanimous consent (Mr. Dawes in the chair.)

Knott, Laflin, Lincoln, Logan, Marshall, McCor- for the consideration of the following resoluThe CHAIRMAN stated that the pending | mick, McCullough, McKee, Morrell, Morrissey, Mun- tion at this time: question was on the motion to lay aside the bill ken, Myers, Newcomb, Niblack, Nicholson, Nunn,

Phelps, Polsley, Pruyn, Randall, Robertson, Robin- Resolned, That there be a session of this House on (II. R. No. 81) in regard to the meeting of son, Ross, Scofield, Selye, Shellabarger, Sitgreaves, Wednesday evening next, to consider reports from Congress.

Starkweather, Taber, John Trimble, Lawrence S. the Committee on Invalid Pensions,
The tellers, Mr. WASHBURNE, of Illinois, and
Trimble, Van Aernamn, Van Auken. Van Trump,

The SPEAKER. The Chair will inform
Van Wyck, Ward, Welker, Thomas Williams, John
Mr. MOORHEAD, resumed their places.

T. Wilson. Stephen F. Wilson, Wood, and Wood- the gentleman that the Committee of Elections The committee again divided; and the tellers ward-92.

have notified the House that they intend to reported-ayes 61, noes 35; no quorum voting. So (two thirds voting in favor thereof) the call up two contested-election cases from Mis

Mr. MOORHEAD. As there appears to be a rules were suspended and the amendments were souri on Wednesday next. difficulty in getting a quorum, and as the day received as pending before the House.

Mr. MILLER. I will change the time to is very hot, I move that the committee do now Mr. O'NEILL stated, during the roll-call, || Thursday evening next. rise.

that Mr. Myers was detained at home by indis- Mr. WASUBÚRNE, of Illinois. Let the The motion was agreed to. position.

resolution provide that the business of that So the committee rose; and the Speaker Mr. STEVENS, of Pennsylvania. I now session shall be limited to the consideration having resumed the chair, Mr. Dawes reported move to postpone the further consideration of

of pension bills. that the Committee of the Whole on the state the bill and amendments until Thursday next Mr. MILLER. Very well; I modify my of the Union had had the Union generally after the Alaska bill shall be disposed of. resolution so as to provide for a session on under consideration, and particularly the bill Mr. WASHBURNE, of lilinois. I ask that Thursday evening next, to be confined to the (H. R. No. 81) in regard to the meeting of the two amendments which have just been en: consideration of reports from the Committee Congress, and had come to no resolution tertained under a suspension of the rules may on Invalid Pensions. thereon. be considered adopted.

The resolution, as modified, was then agreed DEFICIENCY BILL.

Mr. COBB. Oh, no; they have not even been to by unanimous consent. Mr. WASHBURNE, of Illinois. Inow move read.

CIVIL SERVICE BILL. to suspend the rules so as to make it in order

Mr. STEVENS, of Pennsylvania. I have for me to offer two amendments to the defi. no objection to those two amendments being

Mr. JENCKES. I ask unanimous consent

that it be ordered that the civil service bill ciency bill. The first amendment is in regard considered as adopted. to payment for the improvement of streets in

The SPEAKER. If there is no objection, shall be taken up for consideration immediately Washington, with a proviso repealing the law they will be so considered.

after the House shall have disposed of the on that subject; and the second amendment is

Mr. MULLINS. I object.

appropriation bills which have just been post. a proviso which was objected to on Friday by

The SPEAKER. The amendments are

Mr. COBB and Mr. KELSEY objected. the gentleman from Vermont, [Mr. Poland.jpending. The proviso, which has been modified so as to

Mr. STEVENS, of Pennsylvania. I insist

Mr. JENCKES. I move that the rules be be satisfactory to the gentleman from Vermont, on my motion to postpone.

suspended, and that it be ordered that the is for the purpose of putting an end to this prac

The motion was agreed to.

civil service bill be taken up for consideration tice of Government oflicers entering into con- Mr. SCHENCK. I move that the House

as soon as the pending appropriations bills tracts for public buildings without authority of

shall have been disposed of. now adjourn. law. Mr. FERRY. I hope the gentleman will

Mr. WASIIBURNE, of Illinois. I hope the Mr. MOORHEAD. I object. We have not withdraw that motion, to allow me to submit

gentleman will include in his motion all the been able to get a quorum to-day to do other a preamble and resolution, which will give rise

appropriation bills. I am in favor of the civil business, and I object to going on with this busi

service bill, but I do not want it to antagonize to no debate. Mr. SCHENCK. I will withdraw the motion

with the appropriation bills.

Mr.JENCKES. I do not intend that it shall. Mr. STEVENS, of Pennsylvania. Let these to adjourn. amendments come in so as to be pending and

I will modify my motion in accordance with


the suggestion of the gentleman from Illinois, Mr. MOORHEAD. I want to have the tariff

Mr. FERRY submitted the following pre- [Mr. WASHBURNE.] bill pending. amble and resolution; which were read, con The SPEAKER. The Chair begs leave to

state that it will be difficult to tell when the bill The SPEAKER. That could not be pending sidered, and adopted: in the House.

Whereas under a treaty made between the United

will be reached. Mr. MOORHEAD. Well, I withdraw the

States and the Ottowa and Chippewa Indians of Mr. COBB. There are some of us who are

Michigan, concluded July 31, 1855, certain public objection.

opposed at any and at all times to taking up lands iherein described were withdrawn from sale for The question was taken on Mr. WASHBURNE's the benefit of said Indians, and five years granted

bills out of their regular order. in which to make selections by the persons entiiled motion, and there were ayes 67, noes 11 ; no

Mr. SCHENCK. I would ask the gentlethereto; with the further term of five years within

man from Rhode Island [Mr. JENCKES] to quorum voting.

which all such lands unappropriated or unselected Ir. WASHBURNE, of Illinois. I demand were then subject to entry, by Indians only, in the except the tax bill, also, should it come back the yeas and nays.

usual manner and rate per acre as other adjacent from the Senate before the appropriation bills

public lands, and that at the expiration of said ten The yeas and nays were ordered. years all lands thus remaining unappropriated or

are all disposed of. Mr. BENJAMIN. I move that the House unsold became disposable in the same manner as

Mr. JENCKES. I will agree to that. I do now adjourn.

other publiclands of the United States: and whereas, move that the rules be suspended, and that the

in consequence of the non-payment of full stipulated The ques:ion was taken and there were-ayes annuities by the Government to said Indians, they

civil service bill be assigned for consideration 36, noes 51.

wero deprived of means to avail themselves of rights in the House as soon as the appropriation bills So the House refused to adjourn.

now unavailable by limitation; and whereas other shall have been disposed of, and also the tax

citizens, accepting the termination of the period The question was then taken on Mr. Wash: within which such lands were so reserved, and by the

bill, should it come back from the Senate before Burne's motion; and there were yeas 97,

express terms of said treaty believing that they were the appropriation bills have been disposed of.

then to be subject to entry as other public lands pur- The SPEAKER. The Chair cannot tell nays 9, not voting 92; as follows:

chased, and
under preëmption and homestead, entered

when the bill will be reached. However, the YEAS-Messrs. Allison, Ames, Anderson, Delos more or less of'saidlands; and whereas the reservation R. Ashley, James M. Ashley, Bailey, Baker, Beatty, of such atract of valuable and accessible land for over

House has heard the motion of the gentleman, Benjamin, Benton, Blair, Boles, Boutwell, Benjamin twelve years having greatly retarded settlement, and it is for members to decide. F. Butler, Cake, Churchill, Sidney Clarke, Coburn, obstructed communication, and materially arrested

The question was then taken upon the motion Cullom, Dawes, Delano, Deweesc, Donnelly. Driggs, the industrial growth of that region of the State: Ela, Eliot, Farnsworth, Ferry, French, Garfield, Gris- Therefore, to finally adjust and equitably distributo to suspend the rules; and upon a division there wold, Halsey, Hamilton Hawkins, Higby, Hiuds, rights and interests involved and fully restore to were-ayes 51, noes 38; no quorum voting. Hooper, Hopkins, Tulburd, Hunter. Ingersoll, market the remainder of such reservations as lie Mr. JENCKES. I call for the yeas and Jenckes, Alexander II. Jones, Judd, Julian, Kelley. within the fourth congressional district of said

State, Kelsey, Kitchen, Koontz, George V.Lawrence, William Be it resolved, That the Committee on the Public nays on the motion to suspend the rules. Lawrence, Loan, Loughridge, Lynch, McCarthy, Mc

Lands are hereby instructed to examine into the The yeas and nays were ordered. Clurg, Mercur. Miller, Moore, Moorhead, O'Neill, expediency of submitting a plan for such final adjustOrth, Paine, Porlam. Peters, Pike, Pile, Plants, ment upon the following basis, to wit: that the Mr. INGERSOLL. I move that the House Poland, Pomeroy, Price, Raum, Roots, Sawyer, Commissioner of the General Land Office be author- now adjourn. Schenck. Shanks, Smith, Spalding, Aaron F. Stevens, ized to issue patents for all lands appropriated for Thaddeus Stevens, Stewart, Stokes, Taffe, Taylor,

The question was taken upon the motion to or selected by Indians under said treaty and for Thomas, Trowbridge, Twichell, Upson, Burt Van other purchases by regular entry, and to confirm to adjourn; and upon a division there were ayes Horn, Robert T. Van Horn, Cadwalader C. Wash- settlers all such lands to which bona fide preemption 51, noes 36. burn. Elihu B. Washburne, Henry D. Washburn, or homestead rights have attached up to this date, William B. Washburn, William Williams, James F.

So the motion was agreed to; and accordingly and the then residue of such reservations to be offered Wilson, and Woodbridge--97.

public sale, of which due notice be given, and (at four o'clock p. m.) the House adjourned. NAYS-Messrs. Cobb. Grover, Chester D. Hub- thereafter at private entry, but in no case sold at a bard, Mallory, Marvin, Maynard, Mullins, Stone, less minimum tban $2 50 per acre, the proceeds and Windom-9. thereof to be disposed of as follows: one half to be

NOT VOTING-Messrs. Adams, Archer, Arpell, equitably distributed to the Indian claimants under
Axtell, Baldwin, Banks, Barnes, Barnum, Beaman, said treaty, within said district, and the other half

The following petitions, &c., were presented
Beck, Bingham, Blaine, Boyer, Bromwell, Brooks, to be appropriated toward the construction of a lake- under the rale, and referred to the appropriate
Broomall, Buckland, Burr, Roderick R. Butler, Cary, shore railroad traversing and extending along the committees :
Chapler, Reader W. Clarke, Cook, Cornell, Covode, shore of said congressional district in the lower pen-
Dixon, Dodge, Eckley. Eggleston, Eldridge, Ferriss, insula, and that the comiittee report by bill or

By Mr. CLARKE, of Kansas: A memoFields, Finney, Fox, Getz, Glossbrenner, Golladay. otherwise.

rial of W. R. Laughlin, for himself and on



behalf of settlers on the Cherokee neutral lands The bill was read and passed to a second lution No. 154, and put it on its passage. It in Kansas, praying that they may be protected reading, and the report was ordered to be is a small matter, but a very important one. in the right to acquire a title to the lands they printed.

Mr. EDMUNDS. Let it be read for inform. occupy under the preëmption laws of the Uni- Mr. VAN WINKLE, from the Committee | ation, ted Siates.

on Pensions, to whom was referred the peti. The PRESIDENT pro tempore. The title By Mr. GROVER: The petition of Patrick tion of Rebecca C. Meeker, submitted a report, of the joint resolution will be read. Cody, of Louisville, Kentucky, for pension. accompanied by a bill (S. No. 597) granting a The Chief CLERK. " A joint resolution

By Mr. LAWRENCE of Pennsylvania: The pension to Rebecca C. Meeker. The bill was (H. R. No. 151) in relation to the settlement petition of citizens of French descent, for the read and passed to a second reading, and the of the accounts of certain officers and agents adoption of the postal system for the trans- report was ordered to be printed.

who liave disbursed public moneys under the mission of money from the United States to He also, from the same committee, to whom direction of the chief of engineers.France.

was referred the petition of Mary Scott, sub. The PRESIDENT pro tempore. Is there By Mr LOGAN: Petitions for pensions from mitted a report, accompanied by a bill

(S. No. any objection to the present consideration of John Hines, private company H, twenty-sixth | 598) for the relief of Mary Scott. The bill || the joint resolution ? Minois volunteers; Joseph Fiedler, sergeant was read and passed to a second reading, and Mr. EDMUNDS. I object until I can hear major Thielman's battalion Illinois cavalry; the report was ordered to be printed.

it read, as I asked for information. Andrew J. Cornelison, private company G, He also, from the same committee, to whom The PRESIDENT pro tempore. It will be fifty-sixth Illinois volunteers; Edmund H. was referred the bill (H. R. No. 1313) grant- read through. Winters, private company A, thirty-first Illi- ing an increase of pension to Sarah Hackle. The Chief Clerk read the joint resolution. nois volunteers.

man, widow of Brigadier General Pleasant A. It directs the Secretary of the Treasury in the Also, additional papers in the case of Thomas Hackleman, moved its indefinite postpone- settlement of the accounts of Captain George Mason, petitioner for pension. ment; which was agreed to.

W. Cullum, Captain James B. McPherson, Also, petition for passage of a bill granting He also, from the same committee, to whom Captain Charles E. Blunt, and Lieutenant John invalid pensions withheld from March 3, 1865, was referred the bill (S. No. 527) for the relief C. Palfrey, of the corps of engineers, to allow to June 6, 1866.

of the widow of Colonel T. B. Ransom, and to the credit of Captain Cullum the amount Also, the petitions of J. C. Bradley, of Ala- mother of the late brevet Major General T. E. receipted for to him by Charles H. Bigelow; to bama, and George Alcorn, of Mississippi, ask- G. Ransom, moved its indefinite postpone- || the credit of Captain James B. DicPherson ing for removal of political disabilities. ment; which was agreed to.

and Captain C. E. Blunt the amounts receipted By Mr. SAWYER: A resolution of the He also, from the same committee, to whom for to them respectively by Abiel W. Tinkham; Board of Regents of the State University of were referred the following petitions, asked to | and to the credit of Lieutenant John C. Pal. Wisconsin, relating to officers of the United be discharged from their further consideration; | frey the amount receipted for to him by John States Army detailed for military instruction which was agreed to:

J. Lee; and to the credit of John J. Lee the in the universities and colleges of the different The petition of John H. Finlay;

amount receipted for to him by L. H. Eaton ; States.

The petition of Brevet Lieutenant A. Lieb- but Charles H. Bigelow, Abiel W. Tinkham, schutz;

John J. Lee, and I. H. Eaton are each to be IN SENATE.

The petition of Washington J. F. Martin ; and held to the same accountability to the United TUESDAY, July 7, 1868.

The petition of Mrs. Rehuma Brown. States for the amounts transferred to them, Prayer by Rev. E. H. Gray, D. D.

He also, from the same committee, to whom | respectively, at the time of transfer, and for On motion of Mr. WILSON, and by unan

were referred the petition of Lewis John and advances made to them from the Treasury, as imous consent, the reading of the Journal of

the petition of Barney Carney, asked to be was at the time of transfer required by law and

discharged from their further consideration, regulations from officers of the corps of enyesterday was dispensed with.

and that they be referred to the Committee on gineers. This authority is to have no further HOUSE BILLS REFERRED.

Military Affairs and the Militia; which was application than to such accounts as have been The bill (H. R. No. 396) for the relief of agreed to.

already examined and approved by the chief Samuel Tibbetts was read twice by its title, He also, from the same committee, to whom of engineers, and are found to contain a full and referred to the Committee on Public Lands.

were referred the petition of Elizabeth S. and satisfactory accounting for all the public The joint resolution (H. R. No. 326) for the Lathrop and the petition of Louisa J. Simp- money which came into their hands, namely: C. relief of Henry B. St. Marie was read twice

son, reported adversely, and moved their indef- H. Bigelow, $38,351 74; J.J. Lee, $3,508 95; by its title, and referred to the Committee on inite postponement; which was agreed to. A. W. Tinkham, $12,910 13; L. H. Eaton, Military Affairs and the Militia.

Mr. MORGAN, 'from the Committee on $90 85, all of which money has been expended PETITIONS AND MEMORIALS.

Commerce, to whom was referred the bill (H. upon the fortifications of the States of MassaMr. MORGAN presented a memorial of cit

R. No. 1119) for the registration or enrollment chusetts, New Hampshire, and Maine. izens of New York, protesting against the ratiof certain foreign vessels, reported it without

There being no objection, the Senate, as in fication or confirmation by Congress of any amendment.

Committee of the Whole, proceeded to conconveyance of any part of the Yosemite valley


sider the joint resolution. by the State of California to individuals; which

The resolution was reported to the Senate

On motion of Mr. DRAKE, the bill (H. R. was referred to the Committee on Private Land

without amendment, ordered to a third readNo. 941) to amend certain acts in relation to Claims. Mr. HOWE. I present the petition of the

the Navy and Marine corps was recommitted ing, read the third time, and passed. to the Committee on Naval Affairs.

DISTRICT JUDGES IN CIRCUIT COURTS. board of regents of the University of Wiscon

Mr. TRUMBULL. I move that the Senato

BILLS INTRODUCED. sin, asking for a change of the law so that offi.

proceed to the consideration of Senate bill cers in the Army detailed for the purpose of Mr. ROSS asked, and by unanimous con- No. 449. military instruction in the colleges and univer: sent obtained, leave to introduce a bill (S. No. The motion was agreed to ; and the bill (S. sities in different parts of the country may be 699) granting a pension to Mary Pearce ; which No. 449) to revive and continue in force the allowed, when on that service, the same pay was read twice by its title, and referred to the act of the 29th of July, 1850, and the act amendas when on military duty. I move the refer- Committee on Pensions.

atory thereof of the 2d of April, 1852, was ence of this petition to the Committee on Mili- Mr. CONKLING asked, and by unanimous considered as in Committee of the Whole. tary Affairs and the Militia ; and I take occa- consent obtained, leave to introduce a joint The Committee on the Judiciary reported sion to say that I wish that committee would resolution (S. No. 155) regulating representa- the bill, with an amendment to strike out all attend to the subjec

for I think the prayer of tion in the Electoral College ; which was read after the enacting clause, in the following the petition is eminently just.

twice by its title, and ordered to be printed. words: The motion was agreed to.

AMENDMENTS TO APPROPRIATION BILLS. That the act of Congress entitled "An act to proMr. SUMNER presented a petition of per

vide for holding of the courts of the United States in

Mr. FESSENDEN submitted an amendsons, former slaves of William D. V. Downing,

case of sickness or other disability of the judges of of Louisiana, praying for aid to relieve him from ment intended to be proposed to the bill (H.

the district court," passed July 20, 1850, and an act the deprivations of extreme poverty ; which was R. No. 1341) making appropriations and to

amendatory of the same, passed April 2, 1852, be, and

the same are hereby revived, and to continue in full referred to the Committee on Claims.

supply deficiencies in the appropriations for force and effect from and after this.

the service of the Government for the fiscal And to insert in lieu thereof the following: REPORTS OF COMMITTEES.

year ending June 30, 1868, and for other pur- That the act of Congress entitled "An act to proMr. STEWART, from the Committee on poses; which was referred to the Committee vide for holding the courts of the United States in Public Lands, to whom was referred the bill on Appropriations.

case of the sickness or other disability of the judges S. No. 444) granting lands to the State of Ne. He also submitted an amendment intended

of the district courts,” passed July 29, 1850, except

the fifth section thereof, and an act amendatory of vada to aid in the construction of a railroad to be proposed to the bill (H. R. No. 1046) the same, passed April 2, 1852, be, and the same are and telegraph line from the Central Pacific | making appropriations for the repair, preso

hereby declared to be in full force and effect. railroad to the Colorado river, reported it ervation, and completion of certain public

Mr. TRUMBULL. As the bill refers to without amendment.

works; which was referred to the Committee former acts without setting them out I will Mr. HOWE, from the Committee on Claims, on Appropriations.

state what it is. It is a bill that authorizes the to whom was referred the petition of Mrs. L. T. Potter, submitted a report, accompanied


justices of the Supreme Court under certain

circumstances to call in judges of district by a bill (S. No. 596) for the relief of Mrs. L. Mr. WILSON. I ask the unanimous con- courts from other districts. There is a ques. T. Potter.

sent of the Senate to take up House joint reso- tion in the minds of some whether the passage


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of a law a year ago regulating the salaries of held the circuit court there, in the absence in accordance with his station and his position judges of the United States courts and repeal- of Judge Field, spending some two or three in society. He is not an extravagant man. I ing so much of the former acts recited in this months at a time in holding that circuit court, assure Senators that it will be nothing more bill as authorized pay to the district judges who at very great expense to him. He is only paid, than justice to him, a very worthy and very were called in out of their districts did not I believe, $3,500 in greenbacks for his ser able lawyer and judge, to adopt this amend. repeal the rest of the law and take away the vices, in cousequence of which he is unable to

ment. power of the justices of the Supreme Court to defray the necessary expenses of this journey Mr. TRUMBULL. I wish it to be undercall in judges from the other districts. The and of this service in San Francisco and his

stood by the Senate that this bill that is introobject of this bill is simply to declare that that other expenses. I have made an ineffectual

duced here has nothing to do with salaries at power exists, but to repeal specifically that effort here to have his salary increased as it all. It is not a bill either increasing or dimin. clause which authorized extra compensation. | ought to be. It will be remembered that the ishing salaries. It is a bill requiring the judges That is all there is of it.

expenses of traveling and other expenses on os district courts to perform this service when Mr. WILLIAMS. I will inquire if there the Pacific coast are much larger than they

called upon by the justices of the Supreme was a law providing extra compensation for a are here, because there a dollar in greenbacks Court. I think that is the law now; but there district judge when he performed circuit court only counts as seventy cents, and if a man is some question about it in the minds of some duties which this bill proposes to repeal? pays his expenses at a hotel in greenbacks,

of the justices of the Supreme Court. This Mr. TRUMBULL. There was such a law the money that he receives from the Govern:

bill is only to make that specific; and I am formerly, but that law was repealed a year ago ment, he is compelled to discount every dollar

sorry that there is this attempt to embarrass when we increased the salaries of the district thirty cents on the dollar. In this way it is

it by increasing compensation, either by way judges. We then repealed expressly the law | impossible for that district judge to meet his of paying expenses or otherwise, to any of that authorized any extra compensation to be necessary expenses, particularly when he per

these judges. made to a district judge who performed services forms these circuit court duties.

Let me say to the Senators from Oregon out of his district.

It has been necessary, I suppose, Judge Field that the salaries of the district judges were put Mr. FESSENDEN. I will inquire of my being absent here in Washington attending the up only a year ago, most of them $1,500, a friend whether there was any law authorizing | Supreme Conrt, and unable to attend the much larger sum than their expenses would extra compensation? Was it anything more circuit court in San Francisco, for the conven- be, and the bill provided at that time that that than the actual expenses ?

ience of suitors and for all the public interests was to be all their compensation. If you are Mr. TRUMBULL. That is extra compen:

involved, that the district judge of Oregon to listen to every letter that is written here by sation. That was the form of the law, com- should aitend to that court, and he has per- a lawyer or a clerk of a court recommending pensation in the way of expenses.

formed a large amount of business in that the increase of the salary of a judge, you will Mr. FESSENDEN. If they were called || capacity at that court. He is compelled to have to increase the salaries of all the judges. into another district they were paid the actual pay his traveling expenses, going a distance | They are not satisfied with them. You canexpenses incurred in the performance of that of some seven or eight hundred miles. He is

not put on this provision in regard to Oregon duty. compelled, while he is in San Francisco for

without having the same in reference to Rhode Mr. TRUMBULL. Their expenses were three or four months, to pay hotel and other Island and Vermont and New Hampshire and allowed them, about ten dollars a day or some

expenses, which are very heavy. To require Connecticut, and every other State whose disthing like thit, ordinarily; but a year ago we

him to perform these duties and at the same trict judge is sometimes called out into a neigbadded to the salaries of the district judges,

time deny that he shall have his expenses paid, boring district, perhaps at an expense of fifty increasing most of them from $2,000 to $3,500, it seems to me is doing an act of injustice. If or one hundred, or possibly five hundred doland when that increase of salary was made, | additional duties are imposed upon a district lars; and yet within a year we have given nearly the law authorizing the payment of expenses,

judge, if he is required to hold a circuit court, every one of them $1,500 increase of salary, if you please to put it in that form, to judges and perform the duties of a circuit judge, I do which was intended at the time to be a full called out of their districts, was repealed ex

not see any reason why he should not at least | compensation. Let me say to the Senators pressly; and now when a judge performs duty have his expenses paid. I move to amend the from Oregon that, in my judgment, that bill outside of his district his .expenses are not

amendineni reported by the Committee on the increasing these salaries $1,500, and some of paid by the United States. But some of the Judiciary by adding:

them $2,000, never could have passed unless justices of the Supreme Court bad doubts Provided, The district judge of Oregon shall be it bad been understood that that was to be all whether the authority to call a judge out of

allowed his traveling and other reasonable expenses
in attending the circuit court of the United States in

the compensation that the district judges were his district was not also repealed by implica: || California.

to have. I hope no attempt will be made in tion when we repealed that portion of the law Mr. COLE. I have been acquainted with

this bill to increase salaries. allowing him his expenses. In order to make the case to which the Senator from Oregon Mr. CONNESS. The honorable Senator that certain, about which I do not think there has made allusion, and concur with him in the from Illinois is always clear and exact when he is now any uncertainty, but others think dif

opinion that it is but right and just that the knows the facts connected with the subject ferently, this bill is introduced by which so district judge who comes from Oregon down upon which he speaks. That he does not in much of the law as authorizes a judge of a dis- to San Francisco to hold the circuit court this case, he will permit me to say, is evidenced trict court to be called out of his district under

should be paid his reasonable expenses. His by what he has said while up. In place of discertain circumstances is declared to be in full | salary is but very small at best, payable in cussing the exact facts, as stated by the Senators force. That is all there is of this bill.

greenbacks. I believe it is but $3,000 a year; from Oregon, he goes into a general denunciaMr. JOHNSON. The bill is rendered ne. and it certainly is putting upon him a very tion of the proposition, and involves it in coucessary by a doubt entertained by the jadge for

great and unreasonable burden to require him nection with all the district judges of the Unithe circuit embracing the State of New York, to go that great distance, nearly a thousand ted States and laws passed for the increase of Mr. Justice Nelson. He is of the opinion, | miles, to hold a court without any extra com- their salaries. I will say to the Senator that and he has been acting upon the correctness pensation. Several of the most reputable || all he may say on this subject does not meet of that opinion, that he cannot now call any lawyers of San Francisco have communicated | the facts stated nor controvert them. The facts judge out of the particular district in which with me by letter on this subject, realizing the stated are exactly correct. There is but one be may be holding a circuit court, to discharge great hardship that it is upon this Oregon district judge in California, Judge Hoffman, the duties of a judge within the district of New judge, Judge Deady, to come to San Francisco sitting at San Francisco. The second district York. The original authority was given in and hold this court. I hope, therefore, that has been abolisbed; and there is now a bill to terms, and it provided that the judge who was the amendment which the Senator from Oregon create a second district before the committee so called was to be paid his experses, I think

proposes will be readily adopted by the Senate. of which the honorable Senator is chairman. not to exceed ten dollars a day. That being | It is only an act of justice in this case.

It is simply impossible for Judge Hoffmau to repealed, Mr. Justice Nelson supposed that Mr. CORBETT. I had the honor to pre. hold Judge Field's circuit court, because his the authority to call upon a judge to perform sent a bill for the increase of the salary of own docket is behind hundreds of cases, and such duty was also repealed. Whether he is Judge Deady in the fore part of the session, this condition of things cannot be changed right or wrong in that opinion- I concur with which bill was referred to the Committee on until there is an increase of judicial labor the chairman of our committee that he is in

the Judiciary. The Committee on the Judi: | given and provided for. Judge Deady cannot error-is immaterial. He honestly thinks such | ciary did not feel disposed to report the bill come down from Oregon upon his salary and is the effect of the law which we have passed, back, as they feared that they might be obliged hold court there; and yet he has done it, not and the result is, the business of New York is to raise the salaries of other judges, although || feeling it to be his duty to refuse, and thus suffering very much. That will be corrected

it only proposed to give him the same salary prevent the administration of justice in Caliby the bill proposed by the Judiciary Com- that was given to the judges of California. fornia. He has done it at an immense expense mittee.

The judge from Oregon, Judge Deady, informed to himself. No $100, I will tell the Senator, Mr. WILLIAMS. I think this bill ought to me it was impossible for him to live upon his nor $500, pays Judge Deady's expenses for be amended so as to provide that when district salary, it being paid in greenbacks, while his coming down from Oregon and returning there, judges are requested to go out of their dis

expenses were all payable in gold. Three and living three months at the city of San tricts to hold a circuit court, and they go in thousand dollars in greenbacks, if that be his Francisco. If you could by any means transfer compliance with that request, they shall have salary, would amount, with greenbacks at the honorable Senator to one of these judge. their secessary expenses paid, notwithstand- seventy cents, to about two thousand one hun. | ships, he would understand the matter ai once, ing the alleged increase of salaries. The dis- dred dollars in gold. That will not support and he would find out how far $100 in green: trict judge of the State of Oregon, for two sac- his family. He has quite a large family. He backs go toward paying the expenses of a Unicessive years, has been to San Francisco, and is a very able.man, and of course he must live ted States district judge on that coast.

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But, Mr. President, we may talk until we quite probable that in the course of next month the and I beg now to read an additional passage get hoarse here and state facts. They are not court will adjourn for want of business."

to the Senate, following in order after what I always listened to unless we succeed by per: I presume nobody will doubt that Judge before read: sonal appeals to Senators. The case stated Hoffinan is an intelligent witness on this sub- "I do not, however, wish to be understood as say: yesterday from that country was voted down as ject, and we have, therefore, the fact that the ing that the district judge can readily dispatch all inconsiderately as if it were not all surrounded district judge in California is not burdened at

the business of the circuit court in addition to that

of his own court. Some assistance in the former by facts; but the honorable Senator's mode of all, but the reverse ; is far more at liberty than court is necessary. This has heretofore been furdiscussing this subject does not appear to me the district judge of the district in which I nished by Judge Deady, of Oregon, a gentleman of to meet the facts of the case at all. reside to hold the circuit court, for he is, as he

high chararter and capacity. He is now holding a Mr. WILLIAMS. I wish to correct an im

circuit court here. In November last the term of says, greatly overburdened. So are others of

that court was held by me, and all causes ready for pression conveyed by the Senator from Illinois, the district judges; but here seems to be a trial were disposed of. Judge Deady will no doubt in who stated that these salaries have been raised marked example to the contrary.

the course of six weeks or two months dispatch all

the business wbich has since accuinulated. If a $1,500. It was impossible to have the salaries Now, this gentleman in Oregon has received term of from two to three months be held annually of the district judges of Oregon and Nevada an increase of salary of $500 since the time by hin, the business of both courts can with tho raised more than $500. Their salary is now when the cost of living was grievous, since the

utmost case be disposed of, and with far less than

the law's usual delay. $3,500 each.

time when we commenced the descending scale “These are the facts, notorious here to every memMr. TRUMBULL. What was the former

of prices, and with the district judge of Cali- ber of the bar. I state them to you because I do not salary? fornia, as able a man as Judge Hoffman is,

choose,” &c. Mr. WILLIAMS. Three thousand dollars and as pure a man, and situated as he is, I Mr. WILLIAMS. I am much obliged to *originally; $500 was added, making it $3,500, cannot conceive an exigency in Califomia for the Senator for the information which that which is paid in greenbacks.

the holding of the circuit court beyond the letter conveys, for it shows that in the judge Mr. TRUMBULL. Will not $500 pay his time which Judge Hoffman can give to it, for ment of Judge Hoffman it is necessary that the expense from Oregon to California and back? which $500 will not be a suitable compensa. district judge of the State of Oregon should

Mr. WILLIAMS. I think not; it will a tion, looking to traveling expenses and hotel attend in San Francisco for two or three months little over pay the passage-money from Port- bills during the session of the court; and I each year to hold the circuit court, and that land to San Francisco"; not very much more hope, considering how recently this matter was they proceed upon the expectation that he than that, the passage-money being paid in readjusted, and considering the liberality with will regularly each year attend to the circuit gold. I wished simply to correct the state. which the present tariff of salaries was fixed, court in the city of San Francisco, traveling a ment.

as we then supposed, the honorable Senator distance of seven or eight hundred miles at a Mr. CORBETT.' It should be recollected from Oregon will allow it to stand as it is, and large expense, remaining there two or three that the distance between San Francisco and let us at some future time, and more deliber- | months, holding that court, and then return Portland is about as far is from New York to ately recast all these salaries, if, in truth, any to the State of Oregon; and it is claimed that Charleston. It is quite a distance for a judge | alteration is necessary.

under these circumstances when he is required, to go out of his district to attend court.

Mr. WILLIAMS. I should like to inquire not occasionally but regularly, to perform the Mr. CONKLING. Mr. President, the Sen- of the Senator whether Judge Hoffman indi. duties of a circuit judge for the circuit upon ator from Illinois stated that he did not believe cates his willingness or ability to hold the cir- the Pacific coast, he shall not be allowed his the increase of salary could have been passed cuit court in the city of San Francisco ? Has traveling and other necessary expenses in but for the assurance that it would be in lieu the letter any reference whatever to that sub- addition to his moderate salary of $3,500. of this extra compensation. I think he made ject?

Mr. CONKLING. Will not $500 pay his a very mild statement in saying that, and I Mr. CONKLING. The letter was not writ- hotel bills and traveling expenses ? venture to bear a little testimony on that sub- ten especially to that point; but I submit to Mr. WILLIAMS. I do not know exactly ject, having been a member of the conference The honorable Senator that when a judge him- how much the expenses of traveling from Portcoinmittee by which the present statute was self says that his calendar is clear, that his land to San Francisco, remaining there, and a ljusted, and having had a good deal to do court is about to adjourn for want of business, | returning may be ; but ihe passage money alone actively with the adoption of the provision by it is not necessary when speaking to lawyers from Portland to San Francisco has been in the House of Representatives. The truth is, for hin to add that he is then in condition, if the neighborhood of $100 in gold. Then there Mr. President, not on'y that the provision need be, to hold a court going by another name are his individual expenses, to say nothing would not have met with acquiescence in the in the same place. It is his duty to hold this about the expenses of his family. He has a Hlouse without this assurance, but that it was court, as far as he has time to do it; and when considerable family, whose expenses he must adopted upon that ground, I may say, solely. he says himself that his occupation is light, defray all the time. His hotel expenses in The argument for the increase of salaries at that indeed he is at leisure at this time--for San Francisco must be at least four or five that time, when the decadence of prices had that is what this letter amounts to-surely it is dollars a day in gold. The Senate, then, can commenced, began and ended with the allega. not necessary for him to go further and say very readily see how far $500 goes toward tion that all of these recipients of increased that he is now in condition to have the law | paying his expenses. I think that it is no salary were to take the salary in lieu of per act upon him which says he is to hold this more than fair under all the circumstances that diem and expenses for services rendered out- court when he can.

this amendment should be adopted. side their districts. In the case of the judge Mr. WILLIAMS. I, of course, do not know Mr. CONNESS. Mr. President, I feel that in Oregon, the increase was, I believe, $500; the circumstances under which that letter was it is due to myself, on account of what has been in the case of some of the eastern judges it written, or the objects for which it was written, said and the production of this letter by the was $1,000, and in two or three cases $1,500; but I am very contident that Judge Field would Senator from New York, to say a few words in and, as I say, it proceeded not only largely, || not request the district judge of Oregon to regard to it. I do not know, as the Senator but, according to my recollection, entirely upon attend the circuit court in California unless he from Oregon said he did not, for what purposes this idea.

conceived that there was a necessity for it, and this letter was written. If it was to affect a There has been, Mr. President, several times that necessity arose out of the fact that Judge bill which is pending in this body for the creain committee and in both Houses allusion. Hoffman was otherwise engaged. Now, it tion of a second district in the State of Cali. made to the condition of the courts in Califor" seems reasonable, whatever the representa. || fornia, which is most likely the case from the nia, and especially the condition, as we have tions in that letter may be-and certainly they tenor of that portion of the letter which I have heard this morning, of the district court in are contrary to what I have always heard from heard read, then it is very strange, indeed, that California, of which Judge Hoffman is the other sources in reference to that matter the judge should not address either one of the judge. Feeling, I presume, as I think he had that in the State of California, where there Senators from his own State, and that the a right to do, aggrieved by a good many of the is so much litigation about Mexican land information should come to the Senate through statements which had been made, he wrote me titles and other matters of that description, this particular channel. I think, sir, that I a letter, a portion of which on this subject I there should be an accumulation of business would be the last person in the country to advobeg to read to the Senate, in order that they in the district court when there is but one court cate the unnecessary creation of a judicial dismay see what Judge Hoffinan does, and what of that description for the entire State. It trict there. My information on the subject of are the exactions and burdens which he bears. may be that at that particular time to which the amount of business existing in the district

Judge Hoffman referred, that particular season court is diametrically contrary to the statement "The district court of this district is not overbur- of the year, business had declined; but the of the district judge contained in that letter. dened with business; the labors of the judges are far circuit court continues there for some two or I stepped into the office of the Secretary of the Jighter than those of either of the State district judges in this city. The calendar is at this moment

three months, and the district judge for the Senate with a view of getting a statement from nearly cleared."

State of Oregon for two successive years, on that gentleman, who was recently clerk of that Mr. HOWARD. What is the date of the

account of the absence of Mr. Justice Field in court, to ascertain what the state of the docket letter?

Washington attending the Supreme Court, has was at the time he left the office; but he hapMr. CONKLING. The date of the letter is

held the circuit court for the State of Cali- | pened to be temporarily at the other House. fornia.

Judge Field, before he left here last year-and March 9, 1868:

Mr. CONKLING. If the Senator will allow whatever persons may think of his political “The calendar is at this moment nearly cleared. me,

I can answer his question now more intel. opinions it can hardly be questioned that he The district attorney informs me that the United States cases will all be disposed of this week. I am

ligently. It was some little time since I had would make a correct statement as to facts of not inforned what civil cases are ready for trial;

been looking at this letter; and while the Sen- 1 that kind-said to me that Judge Hoffman's certainly not more than two or three. I think it ator has been speaking I have read it again, ll docket bad from two to three hundred cases

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