Imágenes de páginas

all after the first section brings up all the other sec- this bill proposes to provide for a portion of the we are going to extend the provisions of the bounty tions for amendment. Gentlemen have indicated army that the bill of 1850 contemplated to provide land act of 1850, in limiting it to those whose serno purpose to make any further amendment to the for. When that bounty land bill was under con- vices have been paid since 1812. I apprehend this third section, and therefore amendments are in or- sideration, every inch of this ground was fought was put into this bill for the purpose of cutting out der to all the subsequent sections.

over. Classes of persons proposed to be provided from the operation of the bounty land system The CHAIRMAN. The Chair is of opinion || for by the amendment to the fourth section of the those old veterans who served in the Indian camthat if an amendment is offered to the third sec- bill, were endeavored to be provided for in the bill paign under General Wayne. I congratulate mytion, it takes preference over an amendment to the of 1850, but from the construction of the Secretary self that I have the opportunity, by detecting this fourth section.

of the Interior, they have, many of them, been thing, to bring the Congress of the United States Mr. CARTTER. It will be perceived, by an excluded. I am satisfied that the construction to a direct vote—when we are extending bounty examination of the fourth section of the bill, that was an improper one; but notwithstanding it is so, to soldiers who have served in the wars of the it contemplates the bestowal of lands upon persons they can now be provided for by a law, such a country-on the proposition to extend that bounty who have been temporarily called into service, and one as is now proposed to be inserted in the fourth to men who, although unfortunate in the battle of were paid by the United States. Now, the class section of this bilì. It is true that while it is pro- Saint Clair, yet fully redeemed the western credit of persons denominated in the amendment which posed to amend this law—this explanatory law- and did incalculable service to the West in subseI have just submitted to the committee, are a class so as to embrace that portion of the military sol- quent campaigns, under General Wayne; and I who have rendered a similar, if not a superior diers whom we intended to have provided for in hope there will be no opposition in the committee kind of military service, but who have not been the law of 1850, it is proposed by this bill to add to the extending the act or system so as to empaid by the United States. The object of this a few more.


my own part I have no objec- brace them. fourth section, as I understand it, is especially to tion. I shall vote for the fourth section as it Mr. AVERETT. I rise, Mr. Chairman, in make a provision for the benefit of persons who stands, and I will say to the honorable gentleman. opposition to this amendment; and mean to ophave been involved in the Cherokee war. It com- from Ohio, (Mr. Cartter,) who proposes to pro- pose every amendment except the one striking out prehends, practically, the history of that war. vide for the frontier soldier who took his axe in the whole of the bill after the first section as

Most of the members of this House are aware the one hand and his gun in the other, that I am amended. We are tantalizing those who were inhow much that war has already cost us; and they to willing to vote for a provision in the bill to give tended to be the beneficiaries of the famous “old are also aware how abundantly the contributions each of those individuals a quarter section of land. soldiers' bill." I find that some members feel of Florida to that war have been paid out of the Voices. “Good !” “Good!" " Good !” more regard for the interests of receivers and renational Treasury; and all that I claim is, that Mr. C., (continuing.) I shall vote for that meas- gisters of land offices, and other Government funcwhile you are continuing to feed this demand ure when it comes up; and then we shall be able tionaries, than they do in the old soldiers, their upon the public Treasury by continually extend- to provide to the entire satisfaction of the gentle widows and orphans. I do not, by the course I ing grants out of that Treasury in that quarter, you man from Ohio, (Mr. CartTER,) according to the take here, mean to be understood as opposed to all will just remember a hardy set of men who have proposition he has made; but inasmuch as it has of the propositions offered as amendments to this retired upon the advancement of population from passed away, it is not within my province to bill. There are some of them I feel inclined to the shores of the Atlantic west; and holding their speak of it at this time. But as io my amend- vote for. But they ought to come here upon their gun in one hand and their axe in the other, have ment: I do not see any good reasons why teams- own wheels, instead of making an omnibus of our defended their households from the presence of a ters should not be provided for in this bill. I have bill, providing for the transfer of the land wardestructive and merciless enemy-a class of men been appealed to, to make provision for this class rants to which no one objects. I appeal to the as much superior in all the elements of practical of individuals, for the reason that they are sup- House to allow the seventy or eighty thousand service to this country, to the class of men sought || posed to have rendered efficient service to the persons who have received land warrants under to be remunerated in this bill, as is imaginable; a country in the way of their employment, in driv- the act of 1850, to make use of them in buying class of men who have constituted your frontier | ing through the enemy's country; and to have what they want. If the bill which went through fortifications with their naked breasts, and upon encountered great dangers in traveling through this House the last session had been passed, there their personal prowess and personal responsibility, such country, as much so as the soldier who had are those now in my district who would have laid as civilization has advanced from the East to his musket upon his shoulder. I think they should out the value of the warrants in buying the meat the West, and from the North to the South. It is be provided for, therefore I propose the amend that is to sustain them for the present year. There the hunting-shirts that the amendment proposes to ment, which I hope will be adopted.

are numbers who would have made use of them reward---men who never have carried a military

Mr. WILLIAMS. I rise not for the purpose in the purchase of their sugar, coffee, iron, salt, and cockade in their caps perchance, but who have car- of arguing this question. It is manifest to the other necessaries of life. Allow them that, and ried their rifles in their hands, loaded ready for House, and to every gentleman of the House then you can proceed to act upon other bills. Let service—the minute men of the West-men who friendly to the registers and receivers of the land each proposition stand upon its own merits. If have not only defended it from the invasion of the offices, that they cannot, in connection with this gentlemen are afraid to test them upon their own enemy, but have prepared it for the occupation of bill, effect their object. It is a notorious fact, that merits; and if they are determined to burden this civilization. That is the class of men I contem- the recipients of the bounty land act of 1850, in bill down with them, it is evident they possess no plate in the amendment I have offered; and I hope | consequence of the land warrants not being as- merits. I hope the committee will vote down every ibat the military chivalry which is at the bottom signable, have sold them for one hundred per cent. one of them, and let us pass this bill. We will of this affair, will enlarge the compass of their less than they otherwise would have done. And cessarily cut off these registers and receivers benevolence a little, and for one period relax their I rise for the purpose of suggesting to gentlemen | by this course of proceeding, from whatever they military drill and comprehend this irregular force in favor of paying the registers and receivers, this are justly entitled to. I believe the Senate will this volunteer force this force that marched under view of the case. They differ among themselves. pass our bill, simply making the warrants assignthe command of the impulses of their hearts, and Gentlemen, representing in part registers and re- able, as provided in this first section as amended. who fired without the order to fire. (Laughter.] ceivers, are debating this question upon the floor I do not believe the Senate will again, and for the (The Speaker's hammer here fell.]

of this House day after day. I would suggest third time, defeat this popular measure, by riding Mr JONES, of Tennessee. I am opposed to the propriety of ceasing their efforts, as they con- it to death with extraneous matters. that amendment.

flict with each other, and let us pass this bill, Mr. HALL. Is an amendment to the amendMr. HALL. I hope the gentleman from Ohio which is important. And I would suggest to ment in order? [Mr. CARTTER) will adopt an amendment to his them the further propriety of having a select com- The CHAIRMAN. It is. amendment.

mittee upon the subject of paying land registers Mr. HALL. I then move to amend the words Mr. CARTTER. Yes, any reasonable one. and receivers, to be constituted of members from proposed to be stricken out by the gentleman from

Mr. HALL. It is to include those who were the sections of the country interested in it; and if Kentucky by striking out “1812," and inserting called out to defend the frontiers of Missouri from upon a report by them to the House they can instead the words “subsequent to 1800.” the savages of Iowa a few years ago.

show that the Government is either directly or in- Mr. H. If the gentleman from Kentucky be Mr. CARTTER. Certainly, if they belong to directly bound to pay them, I have no doubt it will right in supposing the clause in the bill would exmy platoon. Are they of my kind ?

be done. I feel willing to vote pay to them, and | clude those men who served under General Wayne, Mr. HALL. The only difference is, that his | if I commit an error in voting upon the claims of|! am perfectly willing there shall be a provision are red savages and mine are white. (Laughter.] || private individuals, I always prefer to commit that inserted to cover them. I am, however, of the

The question was then taken upon the amend- error in favor of the individual in preference to opinion that the gentleman is wrong in the suppoment to the amendment, and it was lost. the Government. But it is impossible to pass

sition that this class would be excluded under that Mr. COBB. I will inform the gentleman who that provision in connection with this bill; and clause, and if the gentleman will reflecthas just taken his seat, the bonorable gentleman the simple object I had in rising, was to appeal to Mr. STEPHENS, of Georgia. The clause exfrom Ohio, (Mr. Cartter,) who talks about the the House to let us take the vote upon making || cludes all anterior to the war of 1812. Cherokee war, that

land warrants assignable, and upon repealing that Mr. HALL. I only want to say this, that I Thin CHAIRMAN. There is no amendment | proxisinino o niche act of 1350 evlaich conétes their

think the gentleman from Kentucky cannot have pending:

considered the effect of this provision, for if I unMr. COBB. I move to strike out, in the sixth tion of the bill contains all the provisions that I derstand the matter right he otherwise would not line, the word "and," and insert, after the word desire, and I hope that the committee will take have proposed it. soldiers, the words “and teamsters." I think the question at once.

Mr. STEPHENS. It is not in the House bill, gentlemen have spoken of the number of individ- The question was then taken upon the amend- but the Senate bill. uals whom this section was intended to provide of Mr. Cobb, and it was disagreed to.

Mr. HALL. I understand that he proposes to for, as being individuals who were sent against Mr. MARSHALL, of Kentucky. I move to give bounty lands to all those whose services were the Cherokee Indians. If I have read the history | strike out in the fourth section, from the third line not paid for by the United States. Now, who of that war correctly, those Cherokee Indians to the sixth, these words:

will this clause embrace? I have not read the were our allies. It is not, of course, designed to “ And whose services have been paid by the United States amendment distinctly, but I tluink it will embrace provide for men engaged in such a war. It is subsequent to the 18th of June, 1812.”

all those called out in the Mormon war, and all proper I should state that the fourth section of I do so, sir, because I perceive no propriety, if ll those called out in the lowa war.

not neces



I be

Mr. STEPHENS. Were those soldiers the gen

to include the North Carolina recruits taken into service by including, as they do, a meritorious class of pertleman speaks of mustered into the service of the

Lieutenant James W. Tatham, and discharged at Fort

Moultrie aiter nearly twelve months service. United States, and actually paid ?

Mr. STEPHENS, of Georgia. I think the Mr. HALL. No. The gentleman from Ken.

Mr. JONES, of Tennessee. I rise to a point of committee had better vote down all amendments, tucky proposes that that clause which requires

order. That amendment, as I understand it, is having for their object the extension of the bounty they shall have been mustered into the United upon the subject of three months'extra pay, upon land law, as it now exists, and take a direct vote States service and paid, be stricken out. a different subject, and cannot be incorporated in

upon the proposition made by the gentleman from Mr. STEPHENS. He barely moves to strike this bill, I believe.

Tennessee, (Mr. Jones,] to strike out all after the out that which restricts it to the war of 1812.

Mr. CLINGMAN. This I understand to be a

first section. If a majority of the connnittee are That is all.

bill giving bounty lands to soldiers, and no one in favor of that motion, then we will get a vote Mr. HALL. It may be that I misunderstand

will doubi but what we might substitute scrip or upon the main question in this bill, that is, to make it. Let the amendment be read. money, as was formerly done. The object is to

bounty lands assignable. We can send that bill The Clerk read the amendment, as reported give bounty to the soldier, whether it be three to the Senate, and the next bill in order, which is above.

months' extra pay, or in the shape of lands. I the special order of the House, will then come up. Mr. MARSHALL. I will modify my amend

take it the amendment is perfectly germane to the If there is a majority of the House in favor of ment, to strike out the words “and whose services bill.

extending the bounty land act, as I am myself, have been paid by the United States subsequent

Mr. JONES, of Tennessee. The point of order then we can do it in that bill. Let me appeal to to the 18th of June, 1812,” so as to make it read: is not debatable.

gentlemen to disencumber the provision making

The CHAIRMAN. The Chair supposes that And be it further enacted, &c., That in all cases where

land warrants assignable, of all these amendments; the iniita or volunteers or State troops of any State or the amendment is in order.

come to a direct vote upon the bill, send it back Territory were called into military service, &c.

Mr. JONES. From that decision, I take an to the Senate, and then we can take up the bill, Mr. EVANS. Mr. Chairman, I propose'appeal.

which extends the bounty land act. The CHAIRMAN. Discussion upon the The CHAIRMAN. The Chair overrules the

Mr. CHASTAIN. The Senate have rejected it. amendment is not in order, as the amendment of question of order made by the gentleman from

Mr. STEPHENS. The Senate have not rejectthe gentleman from Missouri, being accepted by

T'ennessee. The Chair supposes that, as regards | ed it. My colleague is mistaken. the gentleman from Kentucky, becomes part of his

the subject of bounty, it will be in order to make Mr. CHASTAIN. Will they hold on to it? amendment, and upon that amendment the discusit either in money or land. From that decision

Mr. STEPHENS. They keep that bill in terrasion is ended. the gentleman from Tennessee (Mr. Jones) takes

rem over us, and it is announced by the gentleman Mr. EVANS. I propose an amendment to the an appeal. The question, then is, “Shall the de

from Illinois, (Mr. Bissell,) that in no event would amendment, by striking out the words “and

cision of the Chair stand as the judgment of the they pass it, unless we pay those registers and

committee" whose services have been paid by the United

receivers. As to this question, I am willing to Mr. CLINGMAN demanded tellers; which

take issue with the gentleman. So far as I am I only want to say, sir, that it strikes me as a

were ordered, and Messrs. LOCKHART and Wil- concerned, I am determined that I will never give very funny affair to require that a man shall not LIAMS were appointed.

these receivers the compensation they claim in order have bounty land unless he has charged the Gov

The question was then taken, and the tellers re

to pass our bill making land warrants assignable. ernment heretofore-unless he has received pay ported—ayes 45, noes 66.

Mr. STUART. I should like to learn from the

So the decision of the Chair was overruled. as a soldier. We have a large number of people

message, which was sent here from the Senate, in my State who never asked the Government for

Mr. EVANS. I propose to offer the following | whether it is the fact that this is a new bill. 1 a dollar of pay. A large number of the people, amendment to the 4th section:

lieve that it is the same bill which passed this House at a time of danger, turned out willingly. A new And be it further enacted, that the provisions of the act with amendments. rule is laid down now, that a man is not to get of September 2011, 1850, are bereby extended to all mari

(Cries of “No!” “No!"] ners, marines, toulla men and seainen, who have hereto. anything unless he has heretofore got all he can

The CHAIRMAN. Does the gentleman profore served with the land forces, in cases where the said get from the Government for his services. That persons were not entitled to prize money.

pose an amendment to the amendment? is the doctrine, and there is no sense or justice in And be it further enacted, That a bounty of one hun- Mr. STUART. Oh, no. I merely want to

dred and sixty acres of land is hereby granted to all persons it. A man who served his country without com

learn that fact. who were in any actual engagement or conflict with the pensation, is more entitled to bounty land than enemy, whether the said persons served less or more than

The question was then taken on Mr. Evans's those who came forward for pay. The proposi- one month, provided that said persons shall not receive

amendment, and it was not agreed to. tion of the gentleman from Kentucky (Mr. MAR- more than one bounty land warrant for his services in any Mr. WILCOX. I move to amend the second SUALL) to strike out the words, it and whose

section of the bill by striking therefrom the words services have been paid by the United States sub

Mr. E. I do not-propose to occupy much of the “next of kin.” sequent to the 18th of June, 1812," ought cer

time of the committee. The Department recom- The CHAIRMAN. The Chair thinks that it tainly to be passed. Perhaps it would be as well mends both of these provisions. The first embraces is not now in order to amend the second section of to insert before that “military service of the Uni- those men who belonged to the marine service, the bill, as the committee has passed to the conted States," so as not to include the soldiers of and acted with the land forces on shore, and who sideration of the fourth secrion. Missouri, who were engaged in the Iowa war. I are not entitled to any prize money. We have a Mr. WILCOX then submitted a pro forma do not see why evidence should be required of a precedent for this: sailors in the Mexican war, amendment to the fourth section, and said: I wish soldier, in order to justify the granting of bounty whether they served upon land or not, received merely to submit one reflection for the considerland, that he has served the United States and has bounty land. I do not now ask the same thing | ation of the House. It seems to me, from the very been actually paid. He must have received pay,

should be extended to those who served in the war great conflict of opinion entertained here by genaccording to this, before he can get any bouniy of 1812; but I ask that those who go on shore, | ilemen who desire to advance the interests and land. He must already have had his hand in the enlist and serve with the land troops, as our sail claims of the registers and receivers, that this bill Treasury before he can get a tract of land in the ors did in 1812, and in the Florida war, and will fail to pass. Now, I am one of those who are western country upon which to locate himself in where, by no possibility, could they gain any in favor of doing the greatest good to the greatest his old age. That is the doctrine of this bill. if prize money, should receive their bounty land. number, and at the same I desire to do injustice to he has given gratuitous services to his country, This would benefit General Barney's men, who

The reflection which I wish to submit if he has turned out in the hour of need and dan- were among a few who fought at Bladensburg, | to the House is this: upon the one hand there are ger, when he was prosperous and affluent, and and yet who are the only persons in that battle some one hundred receivers to be benefited by this chose to demand no compensation now, that excluded from bounty. I think this would be just; bill; and upon the other hand there are some one should not preclude him when he may be in want

and the number of persons to be benefited is not hundred and fifty thousand soldiers, or persons from receiving under this bill. I see no sort of large. The next class for whom I ask bounty | who are the heirs of soldiers, interested in the pasreason for the words remaining in the section, and land is composed of those persons who have been sage of this bill. Now, I want to know if those move that they be stricken out; and I hope the

in actual batiles with the enemy, whether they one hundred and fifty thousand individuals who committee will put in the third line the words

served a month or not. Now, it must strike have performed services for their country, are to “ military service of the United States," so as to every man's sense of justice and notions of pro- suffer, in order that the interests of one hundred exclude the gallant Mormon soldiers of Mis- priety, that a man who has been in battle is as receivers may be advanced ? souri.

well entitled to his bounty land as if he had served Permit me to say that I have not received a mail Mr. JONES, of Tennessee. I am opposed to five years in the army of the United States, and from my State since my arrival in this city, that the amendment.

had never been engaged in battle. By the law as has not contained letters calling upon me to use The question was taken upon the amendment it now stands, those who have been in battle, and every effort in my power to procure the passage to the amendment, and it was disagreed to.

have served less than one month, are excluded of a bill making these land warrants assignable, The question recurring on the amendment of from the bounty.

and by virtue of my position on the Committee on Mr. MARSHALL,

There is a large class of such persons in my Military Affairs, I have received letters of the same Mr. GOODENOW demanded tellers; which own State, and in many of the Eastern States.

purpori from various parts of the United States. were ordered, and Messrs. Chandler and Harris Admiral Cockburn lay with several thousand men I concur most fully in the sensible position taken of Tennessee, were appointed.

in Chesapeake bay for a long time, and you could by the gentleman from Tennessee (Mr. Jones) in The question was then taken, and there were- never tell where he would attempt to land. He regard io this bill. I do hope that the House will ayes 64, noes 69.

made predatory incursions, burnt towns, and

I agree to strike out all save the first section of the So the amendment was rejected.

committed many acts of violence. Our people had' bill, as it must be evident to every one that it is Mr. CLINGMAN. I move to insert in the

to turn out as minute men. Thousands of them impossible to pass the bill in its present shape. thirteenth line of the fourth section, after the word never received a dollar from the United States for

am in favor of compensating these receivers, "require," the following:

their services. And yet they were engaged in The laborer is worthy of his hire,” is a trite old And that the provi-107s of the finh section of the act of

several warm engagements. Both of these pro- maxim; but at the same time I would leave that July 9th, 1845, granting three months extra pay to the

visions come recommended by the Department of subject for special legislation, and now pass the soldiers and officers of the Mexican war, be extended so as the Interior—both are palpably just in themselves, I firsi section of this bill.

one war.

no man.


320 CONGRESS, 1st Session.


New SERIES....No. 32.

ted States.


Mr. MASON. I am opposed to the amend- responsibility rest upon those Senators who have line, after the word “paid, "the words," or which ment of the gentleman from Mississippi, because made a combination to defeat it. I want to smoke shall hereafter be paid;" so as to provide that the I am opposed to all amendments and in favor of out the combination to defeat this bill.

troops, militia, or volunteers, or State troops of passing nothing except the first section of the bill. (Here the hammer fell.]

any State or Territory, whose services have been I am disposed to act in such a way as will secure The question was then taken on Mr. Wilcox's paid, or which shall be hereafter paid by the Unithe speedy passage of the bill. If the gentleman amendment, and it was not agreed to.

ted States, shall be entited to all the benefits of the from Illinois (Mr. BISSELL) is thoroughly advised Mr. WEIGHTMAN moved to insert after the act of 1850. and authorized by the Senate, or any members of word " troops," in line seven of section four, the Mr. Chairman, it has been stated here that there the Senate who have sufficient influence to defeat words:

are about one hundred registers and receivers who the passage of this bill, to say that it will be de- And the commissioned officers, non-commissioned offi- will be recipients under this bill, if passed in its feated if the amendment of the gentleman from

cers, and privates of the company commanded by Captain
St. Vrain, which served in New Mexico in the year 1847,

present shape. That is an exaggerated statement Tennessee (Mr. Jones) prevails, I should like to against the enemies of the United States, and whose ser

of the number by about one third, or more. But know who those members are. It is charged that

vices have not been paid for by the Government of the Uni- suppose it to be one hundred, I call the attention there has been a combination in the Senate that

of the members of this committee to the consehas for the last two years defeated this measure, Mr. W. said: The object of that amendment is quence of passing this bill in its present shape. and prevented the warrants from being made as-, to include the officers, non-commissioned officers, If we pass it without providing for their compensignable.

and privates of the company commanded by Cap- sation, we shall have, at different times, at least Mr. JONES, of Tennessee. I rise to a question tain St. Vrain, which has never been paid by the one hundred applications to Congress from these of order. In the first place, the action of the Government of the United States. That whole registers and receivers for extra compensation, and Senate is not a legitimate subject for this House company, with perhaps a few exceptions, served we shall spend more money and more time in to inquire into.

under the command of Colonel Sterling Price, for legislating upon these different bills during the The CHAIRMAN. The Chair thinks the

a period of one month; they subjected themselves next five years—for the applications will certainly point of order a good one. The gentleman has no to discipline in every way, as if they had been be presented here—than four times the amount right to impugn the motives of the Senate.

regularly mustered into service-indeed I am not which is required to be appropriated for their payMr. MASON. I have no disposition to violate prepared to say that they were not mustered into

It cannot be otherwise. These men canthe rules of the House.

service. Duriirg the month for which they served not fail to know that they have an honest claim Mr. BISSELL. Will the gentleman from Ken- they were engaged in three battles—the battles of upon the Government. Some of them have spent tucky allow me to answer his interrogatory? La Cañada, La Embuda, and Pueblo de Taos- three years of their lives in the employment of

Mr. MASON. I shall be glad to hear it an- the latter particularly a very hard-fought battle. the Government in loeating these lands; for which swered.

They never received any compensation whatever they have not received, I repeat again and again, Mr. BISSELL. The gentleman asks me wheth- from the Government of the United States, and I $200 a year above the necessary clerk-hire. Now, er I am authorized by the Senate to say that this hope they will be included in this bill.

will it not be as I have stated? Will not these bill cannot pass that House without the provision Mr. SKELTON. I rise for the purpose of ap- men, their widows, their representatives, or their for the compensation of registers and receivers. pealing to the House to expedite the passage of orphan children, come up here to Congress year

Mr. HOUSTON, (interrupting.) I rise to a this bill, for the parties who are to be benefited after year, session after session, and clamor for point of order, although I am sorry to interrupt by it are, many of them, really suffering for the their compensation, unless we make provision in the gentleman.

want of some such provision as it contains. I this bill for that compensation? Mr. BISSELL. I am surprised that the gen- think it is the duty of the House to pass the bill Mr. JONES, of Tennessee. I call the gentletleman from Kentucky should ask me that ques- as speedily as possible, and I am opposed to all man to order. We have already passed that section

amendments that delay our action upon it. I tion of the bill relating to the compensation of Mr. HOUSTON. I dislike very much to inter- should like to see the bill amended by striking out registers and receivers, and it is not in order for rupt the gentleman, but this mode of debate has all but the first two sections. Those two sections the gentleman from Illinois to discuss it now. gone so far that it seems to me it ought to be are all that the soldiers ask for. One of those sec- Mr. BISSELL. I was giving a reason why stopped. It is a reference to the Senate with a

tions proposes to make the land warrants trans- the amendment which I proposed should be view to affect the legislation of the House, and ferable, and the other to give compensation in adopted. that I understand to be against the rules of the future to the receivers and registers for locating Mr. JONES. I insist on my point of order. House, as it certainly is against the universal those warrants. Those two sections belong legit- Mr. BISSELL. My remarks are perfectly in practice. I did not say anything when this kind imately together, but the other sections are separate order. If the amendment which I have proposed of debate was indulged in yesterday, but I think and distinct propositions, and should be stricken be adopted, it will make the bill acceptable, and it it has gone too far.

out of this bill. I believe that by striking out all will then, I believe, pass the House. The CHAIRMAN. The Chair supposes that but those first two sections, we shall facilitate the Mr. JONES. Mi. Chairman, I rise to a quesa gentleman offering an amendment must speak to action of the House and give the bill such a shape tion of order. I insist that my point of order that amendment, and then one gentleman may as will meet the views of a majority of the mem- shall be decided. speak in opposition to it, but the rule confines them bers on this floor.

The CHAIRMAN. The gentleman from Illistrictly to the merits or demerits of the particular Gentlemen from all parts of the country agree nois, (Mr. BisseLL,) proposed an amendment with amendment. The Chair has been waiting for that the soldiers for whose benefit these land war- regard to the payment of troops, and he is making some time for some gentleman to raise that point. rants were issued, are extremely anxious that the a speech with regard to the payment of receivers.

Mr. HOUSTON. I do not raise that point. warrants should be made transferable. There is The Chair thinks that the gentleman's remarks My point of order is, that it is out of order to no question about the propriety of making them are not relevant to his amendment. refer to what the Senate may do upon the matter so, and hence I think that it is clearly our duty so Mr. BISSELL. I offer these remarks as a reaon which we are acting.

to act as to secure the speedy passage of a bill to son why my amendment should be adopted. The CHAIRMAN. The Chair has so ruled. effect that object.

The CHÁIRMAN. The gentleman must conMr. BISSELL. I should like to be permitted The time consumed in talking on this subject fine himself to his amendment. The Chair will to answer the gentleman's question.

and offering amendments to the bill may not be of remark again, that he shall feel it his duty to conMr. MASON. I should like the gentleman to much consequence to us, but it is of consequence fine the remarks of gentlemen speaking in favor answer it. I should like to know who it is in the to the men for whose benefit this action of the of an amendment to a mere statement of their reaSenate that have made a combination to defeat House is demanded. Whilst we are talking they sons why it should be adopted; and those opposed this bill unless the receivers come in for their are starving. Many of them are in destitule cir- to it, to a statement of the reasons why it should share. It may be that some of these land re- cumstances, and some of them are almost in a not be adopted. ceivers may have a very potent influence in the state of starvation; and I therefore ask the House Mr. BISSELL. Well, if the amendment which Baltimore or Philadelphia conventions, but then to pass the first two sections without further de- I have proposed be adopted, I think the bill can the soldiers and their friends are just as potent inlay, and leave the other features of the bill for fu- obtain a majority of the votes of the House. I confirming the nominations of those conventions. ture action.

think it ought to obtain a majority of our votes; I There has been long enough delay already in the Mr. WEIGHTMAN. I wish to say a single think it ought to pass for the reasons which I have passage of this bill. I approve of the provisions word upon this amendment before the question is given. If it do not pass, we shall hereafter neoffered by my colleague, (Mr. MARSHALL,) and taken.

cessarily expend more money and more time in by various other gentlemen, to extend the bounty (Cries of "Order!" "Order!'')

legislating upon this subject, which we are now land law. I shall be willing, at the proper time The CHAIRMAN. No further discussion is discussing, than four times the $100,000 which it and in the proper bill, to vote to extend that law in order.

is proposed to be appropriated for the compensato the adult heirs of all deceased soldiers, because The question was then taken upon the amend- tion of these officers. I believe that the heirs of those who have fallen in ment to the amendment, and it was not agreed to. (Here the hammer fell.] battle are just as much entitled to bounty lands as (A message was here received from the Senate, Mr. SWEETSER. I do not know that it those soldiers who were so fortunate as to escape by the hands of Asbury Dickins, their Secre- would become me to express the surprise I feel at unhurt. But I agree with the gentleman from tary, announcing that they had passed a bill for the train of argument which has been indulged in Mississippi, that we ought now to pass the first the establishment of certain post routes.).

by the honorable gentleman from Mlinois, (Mr. section of this bill, to make these warrants as- Mr. BISSELL. I propose an amendment to Bissell.) But I rise for the purpose of appealing signable. If it is defeated in the Senate, let the the fourth section, I propose to insert in the fourth to this committee, to every intelligent and patriotic One duty for



gentleman here, to know if they are prepared to after. I should be glad to accomplish more, but i of land entered at the ofices. As a matter of listen with any favor to such a strain of remark think it best to secure what we can.

course, they get their percentage. as has been indulged in by the gentleman from Illi- I am for the most liberal legislation in favor of them is to examine the quarterly returns once in nois ? As was remarked on yesterday, the gentle- ! those who have done service for the country, not three months, and put incir signatures upon them. men who have advocated the various propositions only from inclination, but as a matter of policy. Another duty is to sit upon the Board where there in relation to the payment of registers and receiv- The public lands are to be disposed of, and I have is a conflict as to preemption right. For iners of the differení land offices, have presented | my choice among donees. . I prefer the claims of stance, here is a person who claims a preëmption nothing but discord from the beginning of the the man who has periled himself in our service, I right, and another individual desires to locate it session down to the present moment. There has care not who he is. I am for the marine, as well with a land warrant. A board is organized 10 been noconcert of action or sentiment among them. as the soldier, for well I remember when your decide whether the claimant is entitled to a preBui, on yesterday, when the gentleman from Illi- ' Capitol was to be defended, the only spot upon emption right or not. The receiver constitutes nois (Mr. Bissell) was understood to offer a threat, the battle-field where the eye of an American could one of that Board, and such a case does not probthat unless these measures were ingrafted upon rest without shame, was defended by seamen. ably occur in one out of six thousand locations, the bill making land warrants assignable, that it But while we struggle for things now unattainable, A man does not want to enter a section of land would fail to pass the House, and when that point we may lose that which is within our reach. with a warrant when he sees that in doing so was made by the gentleman from Georgia, (Mr. The question was then taken upon Mr. Sav- there will be a controversy between him and a STEPHENS,] I thought that would be the end of Age's amendment to the amendment, and it was preemption claimant as to the title. The letter such a course of argument. But now the gentle- not agreed to.

which'I received from the Commissioner of the man from Illinois offers another amendment, and Mr. DUNHAM. I feel it my duty to offer for General Land Office, I will send to the table, that on it repents his demonstrations of yesterday. , the consideration of the committee, one amendment every member may see that I was warranted in After all the propositions for the payment of these more, which, I think, is very meritorious. It is the statement I made yesterday. registers and receivers have met with no favor here, to strike out the third section, and insert the The letter is as follows: for the purpose of still further enforcing the argu- amendment which send to the Speaker's table.

GENERAL LAND OFFICE, January 15, 1852. ment, he tells this House and the country that,

Mr. JONES, of Tennessee. I rise to a ques- Sir: In reply to your inquiry as to the duties performed after this demonstration, unless we ingraft this tion of order. We have passed the third section, by receivers in locating inilitary bounty land warrants, I

andproposition upon the bill, the bill will not only be

bave the honor to state, that the only labor required of these

officers is the following: To receive the nioncy and issue defeated, but ihat Congress will be burdened, now The CHAIRMAN. Tlat amendment is not

a receipt for the excess of land located beyond that called and for all time to come, with these various ap- in order at this time.

for by the warrant: To examine the warrant located, with plications of registers and receivers for compensa

Mr. DUNHAM. Then

propose to add to the register's return thereof at the close of each inonth, so

as to be enabled to join the register in the certificate as to ijon. Now I beg gentlemen to reflect on this course the fourth section of the bill, the following amend

the correctness of the return; and to set with him as a porof argument. Are the American Congress to be told ment:

tion of the Board to examine and adjudicate upon testimohere, that if they will not tack upon a bill all sorts And be it further enacted, That in computing the terin of ny submitted when the location made by the holder of a of irrelevant propositions and those which have

service the otficers and soldiers ot' militia, volunteers, and warrant is contested by another upon the ground of its em

rangers, for the purposes on this act, or of the act of wbien bracing his actual settlement and cultivation without his not sufficient merit in them to meet the approba

this act is explanatory, such term shall be computed from tion of a majority of this body—that unless we the time they were mustered into the service of and paid With great respect, your obedient servant, do that, the men who have these propositions will by the United States at the time they were discharged there

J. BUTTERFIELD, Commissioner. urge them to such an extent that they will become

from: Provided, That this section shall not extend to the cases Hon. C. L. DUNIAM, House of Representatives. incumbrances to the legislation of the country

provided for by the provisos to the first section, and by the Mr. BRENTON. I suppose my colleague

second secuion of the act approved the 28th of September, to such an extent they will break down all oppo- 1850, entitled “ An act granting bounty laud to certain off

[Mr. Duniam] did not allude to me in his remarks, sition? Sir, such appeals as these, in my judy- cers and soldiers who have been engaged in the military but to my friend over the way, (Mr. Fitch,) as I

have not called the attention of the committee to ment, ought not to be made to this House. It service of the l'nited States." seems to me that this question has been carried to Mr. D. said: I presume, from the indications the duties of the receivers of land offices. I wish a point of desperation upon the part of these gen

this morning, that the motion of the gentleman simply to state, in a very few words, that a part of tlemen. Now I call upon gentlemen who desire

from Tennessee [Mr. Jones) to strike out all ex- the statement professing to have come from the to see this bill pass, to fall back upon the provis- cept the first section is to prevail. But I desire to Commissioner of the General Land Office, in referion which seemed to meet the wishes of a major- offer this amendment, for I have no doubt that if ence to the duties of the receiver in locating bounty ity of the committee on yesterday-simply to

it is properly understood by the committee, and if , land warrants, is correct. But it does not cover make land warrants assignable. Beyond that point the bill is to pass at all, they will be perfectly will- the whole case, and I presume that had the proper gentlemen cannot agree upon the various proposi- ing that this amendment shall go with it. It is to question been propounded by the gentleman, in tions presented, and beyond that point I believe provide for those troops which were engaged in his search after knowledge to the Commissioner of the majority of the committee are determined not

ihe Black Hawk war. There were many com- the General Land Office, that he would have obto go. There is a disposition in Congress—both panies of rangers called out for that service. They tained all the facts in the case. I understand the in ihis and in the other end of the Capitol—to pass

served in the war until peace was concluded some gentleman to state, that the letter shows that the a measure so meritorious as this. But I believe two or three months. They had enlisted, how duty of the receiver, so far as he is connected with any proposition, beyond that of merely making

ever, as rangers for twelve months. Afier peace the location of land warrants is concerned, is simthe warrants assignable, will not meet a general

was concluded, they were occupied in active service ply to sign his name to the monthly abstract, anconcurrence. Upon that point I take my posi- | upon the frontier, for the whole twelve months for nothing more. Now, I undertake to say, and the tion, and turn my back upon all propositions to

which they enlisted. The construction of the De-Commissioner of the General Land Office will not go further. I assert my right, and I mean to main partment, as put upon the act of 1850, which is, I dare to contradict me in reference to it, that in the ixin it. I will not be driven from my position, and

ihat soldiers are only entitled to receive bounty case of every land warrant located, the receiver has I hope the committee will not be driven from its

land for the time the war actually existed, cuts to inspect it, and sign his name upon the face of it position. If gentlemen intend still to come for

them off with forty acres of land, whereas a proper three distinct and different times, and if such a warward with these various propositions, I tell them interpretation of the act would give them one hun- rant is not returned here to the Commissioner, with to beware how they attempt to force their con

dred and sixıy. The intention of the amendment the three distinct signatures upon it by the receiver, clusions upon this committee or upon the country.

I have offered is, to enable these men to receive one it will be returned to be amended. He has to sign {Here the hammer fell.]

hundred and sixty acres of land for their whole it at the time of the application; he has to sign it The question was then taken upon Mr. Bissell's

twelve months' service which they rendered, and when it is received to certify that this location is amendment to the amendment, and it was not

which was of the most arduous and laborious char-correct, and lastly, he has to sign it by certifying agreed to.

acter. It was not only laborious, but it was a at the bottom thereof that the location is according

service for which they were inadequately compen. Mr. SAVAGE. I have an amendment to offer.

to law. In addition to this, at the end of every sated. They received certain monthly wages, but month the receiver visits the register's office, and I move the following, to come in at the end of the

out of that they had to provide provender for their fourth section:

the warrants are taken up one at a time, and com. own horses, for it must be remembered that they'pared with the monthly abstract, the Tract Book Tbat the officers, non-commissioned officers, and pri- were all mounted troops. It took nearly the whole of and with the plats, in order to ascertain that the vates of the Marine Corps, engaged in the service of the United States in the late war with Mexico, on the line of

those wages to pay the expenses they were obliged location does not interfere with any location before operations between the city of Vera Cruz and the city of

to pay in order to support themselves and their made. These are the duties of the receiver. It Mexico, and in case of death, then the widow and heirs at horses. They received, then, comparatively noth- is also made a part of his duty to join with the law be allowed the benefits of an act, approved the 28th of ing for their services, and they are turned off'

, under register in certifying that the examination has September, 1650, entitled “ An act granting bounty land to certain officers and soldiers, who have been engaged in the

the construction of the law by the Department, been made, and that the locations are made in acmilitary service of the United States."

with only forty acres of land, notwithstanding they cordance with the provisions of the law. I make Mr. S. said: I offer the amendment for the pur

performed twelve months arduous services. these statements in regard to the duties of receivers

While I am up, I wish to call the attention of of land offices, knowing that the Commissioner of pose of saying, that the bill now before us would the committee to a matter which passed between the General Land Office will not controvert them. not effect all the good that might be accomplished, | my colleague and myself on yesterday. It is the Mr. DUNHAM. The gentleman makes the yet it demanded our action, and would secure leiter I referred to as having been received from remark, that if I had made the proper inquiry of much that the constituents of many gentlemen the Commissioner of the Land Office. I stated the Commissioner, he would have given me a difwere pressing upon them. that the letter showed that the receivers of the ferent

answer. I have only to say that my inquiry Its friends propose to make the warrants assign- | land offices performed comparatively no labor in was made in person of the Commissioner as to able, and provide for their location, and this puts the location of these arrants. That letter does

what were the duties performed by the receivers the matter in the same condition as when it passed show that fact. It shows that they receive any in the land offices. That letter which I have sent this House at the first session of the last Congress. money that is paid into the land offices, and it is to the table is the answer I received. I will vote for the bill in this shape, because it their obvious duty to receive and take charge of Mr. BRENTON. If the gentleman had called meets the necessity of the present moment, and all the moneys which may be made as overplus be upon him to furnish a located land warrant he does not prevent a more extended legislation here- tween the amount of land warrants and the amount would have seen upon the paper itself the very

facts which I have stated, and the Commissioner | which alone seems to meet with general acceptance. manner of selling lands, thus depriving them of will not controvert them.

If this general scramble to obtain the lands of the that compensation which they had every right to The question was then taken on the amendment United States is to continue, and be successful, it expect. It was asked by the gentleman from Kenof Mr. Dunham; and it was not agreed to.

is no more than fair and right that the Northern tucky, (Mr. Mason,) why, when they became Mr. CLARK. I presume it will be in order to and Eastern States shall come in for a share; and aware that they were not receiving compensamove to strike out all after the third section of the if there is any portion of this bill which will extend tion enough, they did not resign: Before they bill?

a benefit to any portion of the citizens of my State, were aware of the elect of these bounty land bills The CHAIRMAN. It will be in order.

I am most assuredly opposed to striking that part upon their compensation, they had rendered service Mr. CLARK. I propose, then, as an amend

out. It is my desire that we may come speedily to a large amount; and they held on to the office ment, to strike out all after the third section. I to a vote upon the proposition of the gentleman in the expectation, which I fear is likely to be a wish to ulter but a word or two upon this subject; from Tennessee, (Mr. Jones,] to strike out all but vain one, that the Government would do them but I wiil state that I make this proposition in good the first section of the Senate bill.

justice-would compensate them for the services faith. I think it is worthy the serious and favor- The question was then taken upon the amend- they have lionesily rendered. able consideration of the House. It is manifest ment of the gentleman from lowa, (Mr. CLARK,] Mr. JOHNSON, of Arkansas. I have not enthat there is a great variety of views arising upon and it was disagreed to.

gaged heretofore in the discussion of this bill, and the different provisions of the bill. It is manifest Mr. FITCH. I offer the following amendment, I only wish now to call the attention of the comthat there is a majority in favor of the first section to come in at the end of the fourth section of the mittee to a single matter of fact, which is in opof the bill, which provides for making land warbill:

position to the amendment only in this respect: rants assignable. It is doubtful whether there is

Except so far as to give them any additional amount

ihat it is no use for us to support any other a majority in favor of paying registers and re- of laud, to which the services provided for in this section

amendment which may be offered here. We may ceivers, and suill more doubtful whether there is a may entitle them; tive aggregate of land in no one case to as well take this bili as it is. motion is either majority in favor of issuing a new class of land exceed one hundred and engity acres.

pending, or very shortly to be made, upon the dewarranis. Now, I ask gentlemen of the commit- You will perceive the proviso to this section cision of which, the bill goes one way or the tee if we cannot compromise upon the three first provides that nothing herein contained shall other. Those who are opposed to the bill have sections of this bill-that is, upon the sections authorize bounty land to those who have hereto- ceased, since we passed the first section, to offer providing for making land warrants assignable, fore received or become enutled to the same.' amendments, and I would suggest to the friends of for paying registers and receivers for past services Under a construction of the previous law, I believe the measure to let the vote be had now upon the and for future services:

by the Commissioner of Pensions, or perhaps the motion. It is hardly worth while for them to deI have no thought myself of being generous be- Secretary of the Interior, a person having served lay it. The crisis of the bill must come upon one fore I am just. As between man and man, let us at two or more different times is perunitted io select motion, and that is the motion to strike out all of dispense justice, and let grace come afterwards. the longer period of service upon which to receive

the bill after the first section. For my own part, What is the original granting of bounty land war- his warrani, or the Commissioner puts two or more I am extremely anxious that the Senate bill shall rants but a mere gratuity! It is that, and noth- of these terms together and issues to him a war- pass as it has come to us. There is no use in ihe ing else. But to that I do not object. It is an- rant to which the aggregate time would entitle him. friends of the measure consuming further time in other gratuity to make them assignable, because Those provided for by the section could not be re- delaying the vote upon the motion to strike out. you add facilities thereby to enable those to whom cipients in the manner indicated under this con- There is no use of offering amendments when we you have extended the favor of the Government to struction, for if they served previously and received know they cannot be carried, whether reasonable obtain still greater favors. To this, by itself, I | forty acres, and were entitled under this section or unreasonable. I hope we may have a vote on have no objection. But I do object, and I think to forty additional acres, they could not obtain it, the bill, and that it mav be disposed of. justly, to a course of legislation which, with one and the object of my amendment is simply to per- The question was taken upon the amendment hand, grants gratuities to one class of citizens, i mit them to obtain that number of acres which of Mr. Firch, and it was rejected. and at ihe same time imposes corresponding bur- | the aggregate time of their services would allow The question recurred upon the amendment dens upon others. Have you a right to dispense them.

of Mr. Jones, of Tennessee, to strike out all of bounty land warrants, as you have done, and in I am sorry to be compelled again to allude to the bill after the first section. the very act compel your employees to perform a my colleague, (Mr. Dunham,) because he thinks Mr. FOWLER demanded teller; which were larger amount of services, without any reasonable I did not do it yesterday in that spirit of courtesy ordered, and Messrs. Fowler and CARTTER were compensation whatever? Is that just and right? which should be extended from one to the other of appointed. Does it commend itself to the good consciences of the members of the House. But I presume the The question was then taken, and decided in gentlemen here? I cannot see upon what princi- | exceptions taken by him to-day, to the statement the affirmative, the tellers having reported—ayes ple it does, nor upon what principle it appeals in relation to the leiter of the Commissioner of the 106, noes 38. either to the good judgment or the good feelings of General Land Office by myself, were intended to Mr. JONES, of Tennessee, moved that the gentlemen. Now, if you have required a certain apply to me. I did state, on yesterday, and I committee rise, and report the bill and amenddass of your employees to perform a large amount

should not hesitate much to repeat it now, that ments to the House. of labor, why not pay them? It was said by the the letter which he produced here in support of Mr. BARRERE. I wish to offer an amendgenileman over the way, (Mr. John W. Howe,] his statement that receivers did nothing, or little ment to the bill. yesterday, that if registers and receivers are not short of nothing in the location of bounty land The CHAIRMAN. The Chair supposes it is satisfied with the compensation which they are re- warrants, was not sustained by the letter itself. not in order, the committee having stricken out all ceiving, let them resign. I ask, were they under That letter did not go into details of the service after the first section. any obligation to suppose that such an argument rendered by the receiver. I then had a letier, Mr. BARRERE. I wish to add a new section would be urged against them, or to conclude that which is now in the possession of the gentleman to the bill. the Government would not do them justice? Why, from Illinois, (Mr. Campbell,) from the Commis- The CHAIRMAN. That will be in order. let me say that the various committees of this li sioner of the General Land Office, which states that Mr. SWEETSER. I rise to a point of order. House are employed every day in canvassing the duties of the register and receiver are almost! We have amended the first section, and passed the claims of those who suppose that they have identical, and that they are nearly or quite quaddaims upon the Government, and deciding as to ruple the duties of the same officers when the sales The CHAIRMAN. This is proposed as an whether they shall not make such claimants whole, of land are for cash. I profess to be willing to additional section. and grant them compensation for services ren- compensate registers and receivers for past and

Mr. BARRERE. I offer the following as an addered. Now, if gentlemen can tell me that these prospective service in locating these bounty landditional section: men were under obligations to have believed that warrants, but the provision for their compensation

SEC. — And be it further enacted, That if any officer or this Government would refuse to make them com- || in this bill is objected to. This objection, I ap

soldier, who would, if living, be entitled to bounty land pensation, then there would have been force in the prehend, is a mere subterfuge, and come up in under the several acts to which this act is an amendinent, remark which has been made by the gentleman what shape it would, the proposition for compen

bas died since the rendition of the services by which he

would be so entitled, and who has left no widow now live from Pennsylvania, (Mr. John W. Howe,) and sating these men would be met with objections

ing, that the warrant to which he would if living be so by other gentlenen.

on the part of certain gentlemen. If they are will- entitled, shall issue first to his heirs at law ina descend(Here ihe Chairman's hammer fell.]

ing to compensate them, why not do it now, in ing line, if he shall have left any such heirs; and if he shall Mr. GOODENOW. If I rightly understand connection with a matter pertaining to bounty land

have left no such heirs who still survive, that such warrant the proposition of the honorable member from warrants ?

shall issue to the father of such officer or soldier, or if the

father be dead, then that the same shall issue to the mother of lowa, it is to strike out the last two sections, the A word, sir, as to the combination here, and in

And it the mother be dead, in the fourth and fifth, leaving only the first three sec- the other end of the Capitol, to connect the pro- last place, that such warrant shall issue to the brothers and tions. To this proposition I am opposed, as it is! vision for the compensation of registers and re

sisters of such officer or soldier, if any still survive. the only part of the bill which will enable any por- ceivers with this bill, wbich prevails so largely in Mr. JONES, of Tennessee. I make a point of tion of the citizens of my State to receive any ben- the imagination of some gentlemen upon the floor, order upon that amendment. The bill as now efit from it. I am persuaded there exists a very and I expect it exists nowhere else than in their amended authorizes the sale and transfer by asgeneral desire throughout the country that land | imagination. No such combinations exist to my signment of land warrants. The effect of the genwarrants may be made assignable. I was inclined knowledge, and I believe it has no existence oui- tleman's motion is to bring new matter into the to the opinion that the bill from the Senate ought side their prolific brains. But if it does exist, it bill

. All that part relating to the amendment now to receive the concurrence of the House, and I was is a combination of the friends of a class of United proposed, having been stricken out, I think it is disposed to vote in favor of it, but when I observe States officers who have been legally robbed, they not in order. gentlemen from various portions of the country having accepted office under a law which has been The CHAIRMAN. The Chair holds the proposing so many amendments, and differing so since changed, having accepted office from the amendment to be in order. widely as to their justice and propriety, I have Government with the expectation of receiving the Mr. JONES, of Tennessee. My point of order come to the conclusion that the best way is to pass fees to which they were entitled by law, and of is, that it is not germane. the Senate bill without amendment; if ihat cannot which they were subsequently deprived by the The CHAIRMAN. The Chair overrules the be done, then to strike out all but this first section, || action of that very Government, in changing the Il point of order.

upon it.

such officer or soldier.

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