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1 AND NOKTH-CAROLINA GAZETTE, Oar tare tbc plant o fair, dcHgfatfal Peace, Unwarp'd by party rag to Jlvclike Krothtrt. FRIDAY, APRIL 24, 1818, Vol. XXX. INTERNAL 1MRROVFMENT. The following Speech will trive our Readers a correct view of the jrrotu.ul on which the proposition for constructing lloads, &c. was opposed In Coitg-es-5. Mr. Bahdour, of Va. said, that hav ing on yesterday intim"ed his intention of taking part in this debute, he now rose for the purpose of exp ressing his ideas upon the subject. The first thing which he considered it necessary to do, was to clear the way for the, discussion ; to dis embarrass it of all extraneous matter, & to call the attention of the committee to the question before them. A great deal had been said as to the various and impor tant advantages derivable from a system of internal improvement ; we have been told, that nature had done much fur the United States ; and that with the aid which might, by roads and canals, be gi ven to our natural advantages, not only individual prosperity t hut public conveni ence and economy would be greatly pro mt ted. He should not deny, that the improvement of the country was a desira ble object ; but, if the position which he should atte nipt to maintain, we re correct, that is, that this system was imt within the constitutional powers of Congress, then all reasoning of this sort was wholly inapplicable. It would be properly ad I dressed to us, if we 'were now discussing i an amendment to the constitution, which had for its object the giving the proposed power to the federal government ; when ever that question shall be presented, it will behove us to consider it with the greatest attention, and to decide it with the utmost deliberation ; for, however desirable the object was, he thought it a matter of very serious doubt whether ue power to accomplish- i ought to be taken from the "-individual states, and given to tho United States ; he tiiought we couid not use a caution too guarded, w hen w e were called upon to disturb that political balance, which our ancestors had settled between the several governments of this country. The great desideratum which the con vention had in view, was to devise a scheme of govern ment, which sh ould combine the greatest practicable individu al happiness and liberty' with the nccessa- ry degree ci national trengui ; mey were deeply verrt j in the history of other times and governments, as well as their own ; they had thence learned to know, that, whilst, cii the one hand, a single govern ment, embracing a large extent of terri tory, was incompatible with the freedom of the citizen ; on the other, an associa tion of independent states, buiitl together by nothing but the loose band of a mere confederacy , was like a npc of sand, and constantly in danger of falling to pieces by iis own weakness. Their wisdom and 'experience produced the constitution un der which we live, as t lie ! t sy stem by , hich to effect thche tvo great objects To the ft deial g .vemment it had given cowers few and defined, sncti as war. I peiiCe, negociation, &c. which Called ei- thcr fcr the strength of the national arm. 1. 1 the union ot the natu ral will. With tlitr state governments, it had left ail tho "remaining, powers which c i;titutc sove reignty, ail these which relate to the lives and liberties of the people, and to the in ternal improvement;- order anil prosperi ty of the state. He believed he had quo ted, if not the words, at iuast the sub starxe of the Federalist, No. 4i, in rela tion to this subject. He repeated, then, thahe should, at all tinier, with the great est caution, attempt to disturb this politi cal balance ; his fear was, that by contin ued diminutions of state powers, they w ould ulti mately becom e so inconsid era ble in political importance, compared with the general government, as to fur nish, from that very circumstance, a 'strong argument for one national consoli dated government. Under the influence of these considerations, be doubted ex tremely, whether he would give the nower.it we were now called upon to de cide that ques t it n ; nay, he was inclined to believe that he woulu not. But we are not now about to make a constitution, but rr Tr;f iiniiL oui: . Lilt; ij iv uicic- I fore, is, not what power ought to be given i" to us, out wnat nas oecn given uj us. it would be his endeavor to shew, that the J constitution cf the United States had not given to Congress, the power of making internal improvement in the several itates. '' - ; :: . ;-. With a view topn cccd with something I'.ks system, he would take up the sub ject in the order in which it was discuss ed in the report. It had admitted this principle, to wit, that, to sustain the pow er, it must be shewn, cither. that it was expressly grunted, or that it was both ne cessary and pn per, as an incident to the execution of some power which was ex pressly granted. In further pursuance, then, of the order of the report, and ta king the principle which itself has admit ted, he would endeavor to shew, that we a ere not authorized to construct cither post roads or military roads, or to dig oanals, eith r by any power exprcssiy granted or properly to be inferred. F-.rst, then, as to post roads, ar d as to the express power to construct them ; the ".z ef the constitution was short : it vas in these wurds : ' Congress shall it ve power cstablhb post cilices and pest roads." The advocates of the reso lutions say, that the power to establish, authorises them to construct.., Vc say, that it gives us power to designate what roads shall be mail roads, and the right of passage or way along them, when so designated. His colleague who preceded hini to-day, had gone at length into the meaning of the word "establish," in it self, and as derived from various other parts of the constitution. He should offer to the committee some other views upon the subject. He said, he utterly deuied. for his own part, any authority to legis lative construction ; but, as it was greatly relied upon in the report, and in argument also, and as perhaps the com mittee might be.in some degreemiluenced bv it. he would bee leave to shew whxt ! i had been the legislative construction upon I ! this very question, merely as an offset to the instances cited on the other sine. fvs early as February, 1792, Congress passed an act, the title of winch was 44 to estab lish post offices & po:t roads.' The first section of this act established many roads as post roads. It was contiuucd, amend ed, and .'finally repealed by a series of acts, from 1792 to 1810 ; all of which have the same title and the: same provisions, de claring certain roads to be post roads ; from all of which it is most manifest, that the legislature supposed they had estab lished post roads in the sense of the con stitution, when they declared certain roads, then in existence, to be post roads ; and designated the routes along which they were to pass. As a further p roof upon this subject, the statute boon con tained many acts, passed at various times during a period of more than twenty years, discontinuing certain p st roads. No gentleman would undvfuke to say, that these went further tilaji to derlaie, that they were no lou.ter ml road; ; in H the states, on the '''.contrary, were dis- continued, they were actus llv that up. The argument tiicn stood the as, in states, di-con:irutd roads were actaallv ishut up, and, as by the 1 uv of Congress, I tliey only ceased i( be pst i oruls, the t'.is ? continuing by states v as the t jpo'tite. of constructing, the ; discontuvuing by con ' gn:ss was the opposite of declaring them ', to be post roads. Hut he would go yet a I step further, and shew t :;e:itlernrn a legislath e constntctirn, the authority of I would not submit to. One of the sections ot the act ot lb 1 0 provides, that, when nny reads shall be obstructed by gates or I' fences, of be ont of rerair. ft r want of '..-..-.. j I bridges r r levnes the. ;p'r,t r ircT-rai I shaH n port t!ie ;:i ime. thnt -it'- -, n. ty l-ctaidtj-n,.. 'anotner ruo-7: live -aine ,nu;': direeuoh. From tius;.-if viuiiiccvo-th'at ' Congi ess c'p'nsi'de.red th t ihe n:it o'y i had not powt r to ConV,icr ;f : vtulsi, but th:t, even after .-mi ;; W r ' whs esti!bh$Kl as such, it :.r v rt e r,h ! acted lor .v. of re n air. thev h'id o- r ',:.. d but ' "thtt est -ibhshment '-v a "not her, Atcr hav-ii-g offlred this o'Vict of to sVttiv! c ! struct? :u , b,:r he thoof:;:a would i:; re i than balance the account or. the i i:v ! side, h; would now rffi it, tii tt, in jopinicu, it a:gt notto n.U'-.err 'e. ni- u i I tree ei t iter w ay ; u id h e -,v :c ' i ' :; crt er e -.; fore, proceed to refer the Cf i u.ttc, i i J support of his opinion, ro voat i.e c u-j-! 'lercd bettrr autlnri; y. tt the:-ait pii?et 'en, it was material to carrv our rvr r.!- It i .-ft.il back to tlie Jiistory o: i'e ' Avhen the constituti' n was .':' pted ; te ; country wa? not then new, out on t.ic con trary, it had long been settled, and, a. I may be fairly presumed, had all ihoy - f ' mads wlucii the necessity or cj.h,! jl ence of the people required ; it wa .ds . ! fairly to be presumed that the state go- vernments which then were, and long uaa been, in existence, and w hich were abun dantly competent to the purpt sc, would continue to make such roads as the in- j creasing necessity or convenience of the '(people might require. Let it Leremem j bered, that they were to be post roads ; j no portion of the country can require a j post road, until it shall hve been prev i ', 1 ously settled, and until there shall have arisen aii interccuse of some kind be ' i tween its different points ; the same cir- cumstances, then, whick would require a j mail road, wculd have previously requ'r ;ed, in the nature r things, a road for i other rmrooses- A stronir jinrnnipot. too. : I o - -1 ; he thought, was dcr.vablc, from the prac- I nee oi r.urope, wnn wmcn tne tramers oi tlie const ituiion must be supposed to have been intimately acquainted. Upon look ring into the books upon public law, and j particularly Martens, it would be found, .that the dirftrcnt states of EuroiVe had es- L tablished posts, and, for their mutual con- i veniencc, hatl combined .them upon their j frontiers, and had, by common consent, jand Mjrnetinies by treaty, a list of which t would be seen n the lxok just referred to, stipulated a free passage for the posts jlhmugti their respective territories. It i seemed to hiiu, then, probable, tiiat the ; constitution then intended nothing more J.by this jrovision, than to eiuible Congress : t-i do, by law, without consulting the j states, that w hich he had shewn had long ! been done in Europe, either by acquies- cence or by treaty stipulation ; and, when ! it is coniidered, that the roads were al ! ready :,i being, all the' power which it ; was i. t: -isary to give, was that of desig 'naim ihf mail routes throuirh the coun- i ",Mi1 ....... . a - L;tn:, that therehv there might be unity of 1 acsigtijF aiK; coauuuuy m urn nue oi uraiej. f as a still further proof of the propriety of his construction, he referred to the Fede ralist, number 42, where it would be seen that this subject was disposed of in a sin gle paragraph, declaring it to be such a harmlesss power, but it would be far otherwise, if it had been contemplated to be as extensive in its operations as is now conu-naeu lor ; lor it is saia uiai we nave a right to cut roads wheresoever we may think proper, through the United States, j and to use timber, stone and every other material necessary for their construction, j If this be the case, there is nothing to j prevent us from pursuing what we consi- i der the most judicious plan ; we may i therefore turnpike them, and for that j purpose may incorporate a company. j Suppose a state legislature to incorporate j a company at the same time, and for the j purpose of turnpiking the same road, he should like to hear gentlemen- say, which government would prevail in this collisi on ; but, in incorporating a company, we may fix the toll to be demanded ; we may inflict penalties for not paving it, and we may prescribe what carriages shall be j permitted to pass upon it, as, for exam- j !le, none but those ot the broad w heel kind. must d ways thought that, as the states posess- j ed both these l ights at the adoption of the , constitution, thev still retained them, un- I less they have transferred them. Have j tluy done o? Let the the last clause: but i one of the 8th section of the 1st artitle j answer the question. lit that clause Con- I gress are expressly authorised to derive jurisdiction from the states, over such dis trict net . exceeding ten miles square, as, ! by the section of different states, and j their acceptance should become, the seat j of t!e federal government ; and both ju- j risdiction and right of soil over such pla- I c s as should be purchased vv itii the assent ! ot the legist. Utile ot the states, for erecti on cf foris, arsenals, magazines, dock yards, and other needful buildings It seemed to him impossible to conceive that tne framers of the constitution could have thought it nercssary to insert a distinct a.id substantive power to purchase such inconsiderable spots as these, an acre cf land for example, and at the same time intend to convey, bv implication, the right to construct roads throughout thfe whtile j Cf uiitry, with t!ie consequent right to use uber, zc. and to exercise jurisdiction ; r thein. Gentlemen had said, unless C ; v.v..;re.ss had the power which they con t n , that the mad nrads might be ob ? , ,k.: i discontinued at the will of the ; tc af h'jriiies. That consequence did n.st h i all toilow from lus position ; for lie k d ,..iT,httd that we h id a right'-' bv the csn! .Jt.on, to the use of the roads, or a I'HHtt t way , whenever, therefore, we io ! y lav declared a particular road to :jo a man road, w h-.d until the law was rtcaiedi sncit an in tercet U! the use of it, a tha w as not ctin:t tent fur the state ' aut'io: ittcs to obstruct it. : ' the 1 in ; i It he were s iht in ids jejea, .as' to . e::te!itrt iiic power expressly granted ; j--'i elation- to n.t ronds. it would lfeouire - a. to attain that end. But he had shewn, as he noped, that the object to be effected i was only the designation of the mail rout, i and, therefore, no power could extend ! further, whicli included only the means ! oi enecung it. - - He came next, in the ord' of the dis cussion, to miruary roads ; as it respects these, it is not pretended that there is any thing like an express grant in the consti tution of a power to construct them ; the advocates of the.'- resolutions, tlieu, must cky ive this power, if it exist at all, by im plication. They had referred it as an inci dental power to the uthonty given by the constitution, to declare war, and to srencral remarks upon the nature of lfn- ' plied or incidental powers. He would at-j tempt to lay down what he considered a j correct principle, which "was, that to jus- i tify a power, as an incident to some other, it must have a natural, direct, and obvious j relation to the principal power. Hee- ; lieved he could illustrate his meaning more clearly by an example ; he wpald, , theretore, state a case which he had mentioned in debate during the last ses iiott. The constitution gives us power to lay and collect, taxes ; a necessary inci dent to the attainment of thi3 end, was the appointment of collectors. He would not say that this example furnished the pre cise limit to the extent of incidental pow ers, because neither the science of morals nor of politics, in their nature, ad milted of the precji-ion which belonged to matht matica, but it fumu-ied a pretty good ex emplification of his idea. If you adopt the principle, that every thing falls within the pale cf incideD'al powers, which renicie- s iiS.h uijU,l3uiKi,rt.iu awmc ifc'iw . ri:3.j:ub via utjjici j iiwciwc, wo must of Xcf.rcientu 'ivea of the united State j of property in the soil too ; for we can-j have liaises, 8c iiouscs require timber for. r.jimrritain r, assembled That j not prescribe toll, &c without right otju- ! their coustruction and soil fur their '"omnia- j i tjie thanks of Corlrresa be and t'ev arr i; nschction. and we cannot take thetimucr . tion ; have we a right to seize all these j i herebv, presented to major -rencr'af Wif - j and other materials necessary for the i tilings ? Can we. after the maimer of the Ham Ilcnry Harrison, and Isaac Shelby J! construction of the mads without some t Spartans take the children of the counti v ... late govenu r cf Kentucky and throutrli -right of property in the soil. Now he had l from their parents, at an early aire, claim-' them, to th nflRr.r a.uz5 I rf m m m m m . T. t..ut liaie anruu:-ut to prove tliut u power j i a right ot jurisdiction over t.hcm, as well r-aie re reqnj XJ ma ? lainiecjaic j: to construct Could not be de lived as an in- ijasa right of property in the soil; whilst" merit Vnd all those havhgclainii jgaiiui I'Cident, for it was a contradiction In te'.s ; 1 1 the case whrch he had stated furnished a i sa;d rf are reriircd to present tl.em ;! i.r as u solecism in-language to ay, u.at rightwhich being derived from neceuy;j: proper y atrthent.cated st li.r i the time pre. i tno : ituiontal power couhi be granted continued no longer than the cause which j : scnbe h bw or WiH be hiTTtd itoK iuia.J t!ie principal one. The principal ! created it, ami, therefore, the moment i ! recovuJ- SKTII "'AHP -f power poauea cut tne end to be effected, H that necessity passed away, the right pass-.' aUCIITJ FULLER t Adm's. and the incidental one was onlv the mea:i 1 1 pi! wirh ir. : TTnrm ItUnrinrinlca tn:.d iw-!' t t L ' arise and support armies. W rth a view to fcircum stances, one foreign state would j ! the.lst of August. explain his ideas upon this subject, it 1 J have a right to do in the territory ot ano- ij Bluster was imaorted in would be necessary here, to eo into some , ther. But, say gentlemen, if you havethe . ? fid b;iyt and is fully IJ Land ly conduces to the attainment of any spe cified object, if you pursue the long chain ot connection between end and meant, to the extremest link to which that chain ex tends, you go bcyxmd the range of ntcezsu ry and profivr laws ; ycu effectually break down all the barrer of the constitution, and remove every limitation intended to ; ; uc imposea upon us. JLet us see to w hat The ; j point this doctrine would lead us. constitution gives us power to provide iuu maintain a navy bhp building rc- ! quires a particular kind f timber, live j oak tor example.; if there be but a small j portion of our country which produces it, f shall we be at liberty to send our agents lorth, to cut it down without ccnsulcih? tne owner? If so, can we not a step i. ruier uu seize tUe land upt n wnicn t grows, with a vie v, to its preservation ? These would conduce to the mainteinance : of our navy. Let us now, for a moment, ; turn our attention to what would aid us in raising an efficient army. It is a v ery ; common opinion that early education i, the most effectual mode cf acq'ring pro-j per habits of discrpliae and militaiy know - j ledge in general. Have we aright to es tabiish prima ry schools . throunout "the C .1 . . . . . ... United btates, for the purpose of accom- j ing iem to De property ot tne public, to have them brought t:p in a course cf ; military education If we cannai do all ;' and ; Indian fccs under major-general these things, then we cannot, under the : I Proctor, on the Thames in Upper Car.a namc of an incidental power, do whatever ; da, on the fifth day of October, one thou will remotely conduce to the attainment 1 J sand eight hundred and thirtern, captur of an object which is granted. We miist : ; ing the British arm v .with their baetraceA ""H'1 .uuiu iuk, aiHiut: wicw oihcar.p equipage, ana artillery; and that none oexier man tne one ne nad Mateil, ;;the President of the United States be re that the incident m.thave a natural, di- -! quested to cause two geld medals to be rect. and obious lelation to the principal. struck, emblcmaticiil rff thistfiumnli and" The power to construct roads, has no such necessary ct . ectiou with the pow er of declaring war, and raising and sup porting armies. It is said, howcver.that for the want of them, vast injury was sus-! tamed during the war, cc enormous sums J nf mrHPV PYtnrlrl inrmn-.nimipa ! will riot justify a construction of the con stitution in itself incorrect, tor the pur pose of removing that inconvenience; bdt he would furnish to the gentleman a constitutional remedy. Transport your ordnance and other munitions cf war, in ; time of peace ; build other armories, if army, will you deny the power to maKe it?: He said cases of mat urgency, or ne- cessify, might be stated, in which he would not deny it: if in time ct war an army should be so Situated as not to be a. b!e to march to the attack of th? eueivy. or to retreat troni one, without makinr a i j rod ; as if. for example, there were :ui.p I in the direction required, in sucll a situa-i lion they wruld possess the power; as being, for the particular purpose, a r.eces- j , sarv incident t the rnriit of carrvm r on j ! war. But the case supposed is altogethi. - ! j different frtim the principle of theje reso - M lutions. They propose a permanent svs-'i I tent of tV.il! triviliir ' t-l ; T:i?tr4 "ir -f.c ver would be made, but when and where ! it was wanting. Whereas, upon the prin- j ciplc of the resolution, we should be at- tempting to construct military roads with- ! out knowing that a single American soldi- j er would ever march upon them. Wei know not with what enemy we shall next hi. enP-.Pd in w:ir we minrht cnnsti-cr , o. r In exercising tho right which he had just right in time of war, ou must have it m peace, also, by way ot preparation. 1 hat consequence did not at all follow. would at once state to the Committee Mtn ifv v Vir-h r fia-hfr in wn f wrnlr1 liroi- f mitt ffl.wfiil..h nr orkflm in iu -.,,l'l nnrlor. f take to contend for it in neace. We have at this time no right to destroy any pri- vate house in the city of Washington ; but. let it oe supposed (hat we were nov t ' - ' t . ; . 4 1 1 . in war. and that the same jion.e inter ceptcd the operation and effect ot one of our batteries we should, without ddhcui- ty, raze it to the foundation. It is not S- rect then to say, that whatever right we I have m wsr equally belongs to asm peace also. ( Speech to be concluded ih cur next. J BLANKS OF ALL KIXDS, mtj fee Kad at tliUOfiidr tuose wnicn we nave te not enougn, ana j ( high sense entertained by Congress of tun establish arsenals and magazines in con- i ' daring and distinguished valor displayed venient places. But it has been asked, if , by himself, and the regiment of volunteer a road be indispensably necessary for our 'under his command, in charinq: arid es- ami rrr fiiL n-jr r ipniivc nnnf : .... 411 at "-y- , ""V , winch m:.v be discharged by the navnitnt of De to our soutiitrn ana so, precisely tne j . g2j uithm lhe it2sou . Sl5 Uf: .x.. ju. ....,,..v wv.w.. , w,m lo insure a mare to be m in.ii. mtuuuucu, t)i jiid.tjj iuau u uuicli ; te tea at a reasou;.Die price if required. war, for the purpose which he had stated, j j (Jrt attention will ?e paid, but no hb ht we should only do that which, under some I ? for accidents of anv kind. TLetcasoh lo end TjY AUTHORITY; AN ACT to establish the flgof the United btates. Be it en.icted by the Senate and Iltwte of Re.rext ntutivts cf the CnUed State cfjms-rica in Co n crest astemllfd. Thaf from ic after the f.mrih day of July next; the nag of the Ua.t'-d States be thirteen II horizontal stripes, alternate red & white I that the union be twenty stars white In a. blue field. Sec. 2- And le ii further enacted. That en the admis Ion of every new state into the u-iian. cue star be added to the union lot the .tla-r: nid that such addition shall tol -. tr.rr k .c ! next surrP.() .'nr ...H. H CLAV, Speak r of the House of Kepresentativej. JOHN GA1LLARD, Fresi lent of the Senale pro tempore, April 4, 1S18. Approved, JAM LS MONROE. Tt KSOl UTION direct ng med- Is t" be si ruclr; ttiHi-.iotrcthtr with the hanks of Ctngres; presented to Major genera' Harrison, ami Covei nor Shelby; and fur other purposes. lit solved by the Striate and Ifou , comnr.nd, for their gallantry and (tood ; conduct in defeating tlie combined British ; presented to Gen. Harrison, and Isaac Shelby, late Governor of Keittucky; April 44 i6i8. Approved, JAMES MONRO. nESOl.UTlOtf requesting the President of the United States to present a Sword to Colonel R. M. Johnson. l?esohed by the Senate and Ifouse cf Refiretcntativesoftrir United States of America in Congren astemblrd, Ihai the President of tie United Sies be reJ ; quested to present Colonel Richard M. I" Johnson a sword, as a testimony of th r?incr ! senttally contributing to vanquish the j, combined British and Indian f.uces undef , ; maj ir-general Proctor, on the Thame?, m Upper Canada, on tne htth day ot Oc- ! to!t;r, one thousand ! thirteen. eiVht hundred and April t, 1S18. Approved, . JAM lib MONROE, NOTICK. flMIK s'lhscribers having obtained Letter ; ! X of A i ix joist ration at U:c last February j - Court of Picas and Quarter Stss onj the County of i:?u klph, on the Estate of llerry F. Wade, dee'd. All persons indebted to tl.o The hih- bio oiled imported Horse HLUSTER, - Will Stand tins Seascfi at t!e subscribe' s Stable in Warren County N. CJ all. V. ".-",J nu,buurS ami wiUi.nt iree miles ot the. bta?e Koad i ; j n,i Servants board srratis : but mares ?ua v . . . . - . 1?16 Is abctui?- i 3 inches hiit - Hie ran with success and, wa's tonsideml a'c i iMewtnailcet TO be one ot the speediest hor?e uanaojpn, i-eo. v .63iw ft HeMn Kngland. H combines the most cclebrit- ai d! and favorite Lloodt&3 will appear firomthfl waowing PEDIGItEE. l! FcaleJ 1803 eot by Or!a.o (a sonif , Whiskey out ot a ilighuytr mare, sister to - I.... u .. . i. . J . : ,c, uy r,T j WM oqu.rrei.- i 1 vus wf 0' ""1 - phoras mare, sifter to Orecisn Pnncess.- 0rfmJLo out'ol- Ameli2 py I; hfl bc j dam MlS9Timm;si (siSter t;Mifit.:j by Matt. c!ieniSuhr:; (a soi;ofEclipSe)outorCaJa.sh, by Herod : her dam Theresa, by Machen, , ; ufceU.us. Godolphin Arab.an. J J ror ins performance! on aie Turf, see R- cm-r CalJixlars. 1812 Page 5h 1813 1814 1815 7, 143, 157, 153. 53,64,fc?,9J, 1C 77,29,32. - P. HA TVdrrm ion, March 10. ,
The Weekly Raleigh Register (Raleigh, N.C.)
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April 24, 1818, edition 1
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