Genealogy Trails

The Life Of Walter Q. Gresham

CHAPTER 9
INDIANA PREPARES FOR WAR FIRST SESSION OP INDIANA LEGISLATURE — RESOLUTIONS ON THE STATE AND THE UNION — GRESHAM REPRESENTS THE "TRAITOR" HEFFRON IN KENTUCKY COURTS — PEACE CONFERENCE — WENDELL PHILLIPS'S SPEECH — ABOLITIONISTS WOULD NOT COMPROMISE — GRESHAM CHAIRMAN MILITARY COMMITTEE OP THE HOUSE, AND COLONEL ON GOVERNOR'S STAFF — CRITTENDEN RESOLUTIONS — GRESHAM'S BREACH WITH GOVERNOR MORTON — SPECIAL SESSION OF INDIANA LEGISLATURE — GRESHAM PUTS THROUGH BILL VESTING APPOINTMENT OF FIELD AND LINE OFFICERS OF REGIMENTS IN HANDS OF GOVERNOR.


When the Indiana legislature assembled on the 10th of January, Horace Heffron, the Democratic member from Harrison and Washington counties, who was the Democratic caucus candidate for speaker, attempted, as the House organized, to have it adopt a resolution that no man should be elected speaker, or to any other office under the legislature, who was not in favor of amending the Constitution of the United States on the line of the Crittenden Resolutions.

    The great work of that legislature was to place Indiana right on the question of secession, and so to amend or revise the military law of the State as to enable it properly to support the National government. A large number of the members of both the House and Senate introduced resolutions on "the State and the Union." As a sample of what they were, I offer the following, which Walter Q. Gresham introduced the second day of the session, the day before Henry S. Lane was inaugurated Governor of Indiana and Oliver P. Morton Lieutenant-Governor. In a few days Mr. Lane was elected to the United States Senate and Mr. Morton became Governor. A copy of the resolutions, together with the speech in their support, was sent to George D. Prentice. Both Lane and Morton regarded Prentice's attitude as of the greatest importance and were much interested in the conference Walter Q. Gresham had had with him only six days before. The resolutions read:

Resolved: That the people of this State still retain their affection for the Union inherited from the generation of men who achieved our liberties in the great struggle for independence, and secured them in that sacred instrument, the Constitution, in which justice is established, domestic tranquility is insured, and the common defense and general welfare are provided for; and they regard its perpetuation as the only safe guaranty for the continuance of the wonderful prosperity and happiness which have led us to our present high position amongst the great powers of the earth; and they deny the right of any member of this confederacy to repudiate the Constitution made by all the people of the States, by seceding from the Union, and thereby disturbing the harmony and periling the happiness of the whole.

2. That while we will not deny to any State a right guaranteed by the Constitution, we insist that the authority of the general government shall be maintained and the Constitutional laws of Congress impartially enforced in all the States and Territories; and that the armed resistance to the execution thereof, on the part of the citizens of any State, is treason.

3. That the people of Indiana are opposed to any interference by the Government of people of our State with the domestic institutions of another; that they ever have and always will maintain the same respect for the rights of other States which they zealously exact for their own; that they will scrupulously discharge all their constitutional obligations toward sister States, and they demand a like observance of the same from the other States of the Union.

4. That if any State of this Union has enactments on its statute books in conflict with the provisions of the Federal Constitution, or any of the laws of Congress passed in pursuance thereof, it is the duty of such State to repeal the same.

5. That it is the duty of the Federal government, and of the several States, to secure to the citizens of each State all the privileges and immunities of the citizens of the several States as guaranteed in the Constitution, and a failure to discharge this obligation will destroy that harmony and paternal feeling which lie at the foundation of our free institutions.

6. That the conduct of these patriotic men, who in the midst of the tide of disunion which is sweeping over a portion of our once happy country, still retain their affection for the Union and are bravely battling for the preservation of the authority of the general government, excites our earnest sympathies and challenges our admiration.

7. That in view of the fact that a portion of the citizens of some of the States of the Union are in open, armed rebellion against the power and authority and threaten the overthrow of the general government, we hereby pledge, whenever necessary and demanded, in strict subordination to the civil authority, for the maintenance of the Constitution and laws of the general government, the entire power and resources of the State of Indiana.

These resolutions, with all others, went to the Committee on Federal Relations. They emerged as a report which omitted the word "treason." Men who claimed that the Personal Liberty Laws were right were afraid to use the word "treason." Walter Q. Gresham had used that word south of the river; he could use it north of the river. These resolutions as finally adopted pledged all the power of the State of Indiana to preserve the only government on earth wherein the rights of man constituted the foundation of its laws and the measure of its civil authority, and they deprecated any purpose to interfere with the right of each State to regulate its own domestic affairs.

The minority report proposed the Crittenden Resolutions instead, as a basis for settling the difference between the North and South. It also deprecated the use of force to coerce the Secessionists back into the Union. While these reports' were pending under debate, on the 19th of January the legislature of Virginia, by telegraph, issued an invitation to all the States to send delegates to a conference to meet in the city of Washington on February 4, 1861, to discuss the proposed amendments to the Constitution that might settle the differences which then existed on the slavery question. It suggested the Crittenden Resolutions as a basis of settlement, with Crittenden's first proposition so changed as to provide that slavery should be recognized not only in the present but in all future acquired territory south of the line 360 30'. The discussion of the resolutions — they were discussed throughout the country and in every State legislature that met that winter—largely contributed to postpone the actual conflict until after Mr. Lincoln's inauguration. In 1858 Davis had told the Mississippians that if it came to a finish fight, the South could not win.

The Crittenden Resolutions were to be the Thirteenth Amendment to the Constitution, and, if adopted, never to be changed. They proposed: To renew the Missouri Compromise line 36° 30'; prohibit slavery north and permit it south of that line; admit new States with or without slavery, as their constitutions might provide; prohibit Congress from abolishing slavery in the States, and in the District of Columbia so long as it existed in Virginia or Maryland; permit free transmission of slaves by land or water in any State; make the State and the county or municipality responsible to the owner of the fugitive slaves rescued after arrest, with the right to the State or municipality to recover from the rescuing parties; repeal the inequality of commissioners' fees in the Fugitive Slave Act; and ask the repeal of the Personal Liberty Laws of the Northern States, passed in derogation of the Fugitive Slave Act.

In the course of the debate in the Indiana legislature, Horace Heffron and G. 0. Moody got into a controversy that led to Heffron sending Moody a challenge. Their seconds settled their differences, greatly to their satisfaction, it was said, after they reached the field of honor. But strange as it may seem, and as it was thought at the time, seconds as well as principals were indicted by the Kenton County Grand Jury for coming into Kentucky to fight a duel. And thus it was that Walter Q. Gresham never met Abraham Lincoln. For while Mr. Lincoln, on his way to Washington to be inaugurated, was in Indianapolis stopping at the Bates House, where my husband lived, the latter was in the Kentucky courts representing the "traitor," Horace Heffron.   He not only got Heffron off but all the others.

As the result of the debate, the minority or Heffron report was rejected and the majority report adopted. The proposition of John H. Stotsenburgh of Floyd County to have a special election as to whether Indiana would accept the Crittenden Amendment as a basis of compromise was voted down, and then Indiana, most of the Democrats concurring, responded to the invitation of Virginia by authorizing Governor Morton to appoint five delegates to the Peace Conference.

Governor Morton appointed as one of the delegates Thomas C. Slaughter, my husband's former partner and his best friend. Mr. Gresham told Mr. Slaughter that it was agreed at Indianapolis that the delegates from Indiana to the Peace Conference should oppose the first provision of the Crittenden Resolution; that is, the one recognizing slavery south of the line 360 30' as a basis for adjustment; instead they should offer popular sovereignty south of that line, and any pledge the pro-slavery people desired that the anti-slavery people would live up to the Constitution as the fathers had written it. "For one," my husband said, "and I know the sentiment of the young men, we will never consent to a Thirteenth or any other amendment to the Constitution, giving the slaveholder a stronger claim than he has now. Rather than that, we will fight. The fathers expected slavery to be abolished long before this. You are enough of a diplomat to avoid saying what will irritate." The record of that Peace Conference shows how Mr. Slaughter performed his duty.

The Peace Conference met February 4 and was in session until the 28th. It was composed of many eminent men. Ex-President Tyler of Virginia was one of its members and was made its presiding officer. James Guthrie was one of the Kentucky delegates.

In lieu of Mr. Crittenden's proposition, that all the territory south of the line 360 30' should be recognized as slave territory, the Conference adopted popular sovereignty for that territory, but with conditions which the pro-slavery men said simply gave them the right to have a lawsuit after they took their slaves into the territory south of the 360 30' line. Still a majority of the pro-slavery men accepted or "swallowed" the report, and Kentucky, led by James Guthrie, favored peace on any terms. Senator Crittenden, who was patriotic to the core, said he would favor it or any other proposition that could be agreed on for the purpose of saving the Union.

At this time there might have been an adjustment but for the Abolitionists.

The "Grape Vine" from Montgomery was bringing the news that Jefferson Davis did not want the issue to go to war. At this time he could not sleep at night, so his wife tells us. His farewell address in the Senate of the United States, tinctured with sadness, did not preclude his return, and in his inaugural address to the Provisional Congress of the Confederate States of America, he deprecated war, and held out the hand of reconciliation. As before mentioned, when the test came, Jefferson Davis would not, or at least did not, order Beauregard to fire the shot at the flag at Sumter that precluded the possibility of a peaceable settlement. The overtures of the president of the Provisional Congress of the Confederate States of America were answered by Mr. Seward and Mr. Lincoln by the proposition to amend the Constitution of the United States so as to provide that slavery should never be disturbed in the States where it existed except by unanimous consent. Before this the announcement had gone forth that Seward would be Secretary of State.

Then it was, on February 17, 1861, that Wendell Phillips spoke:

Seward will swear to obey the Constitution of the United States, but will not keep his oath.

Bankrupt South Carolina, with 100,000 more slaves than whites within her borders, throws down her gauntlet at the feet of 25,000,000 people in defense of an idea which she thinks is right. I would that New England had one State among her six so brave.

Union or no Union, Constitution or no Constitution, freedom for every man between the oceans and from the frozen pole to the hot gulf. You may as well attempt to dam up the Niagara with bullrushes as try to bind our anti-slavery purpose with a congressional compromise.   The South knows it.

But let the world distinctly understand why the slave holding States leave the Union—to save slavery! and why we rejoice at their departure—because we know their declaration of independence is the jubilee of the slave.

Thirty years devoted to earnest use of moral means show how sincere is our wish that this question should have a peaceful solution. If your idols—your Websters, Clays, Calhouns, Sewards, Adamses—had done their duty, so it would have been. Not ours the guilt of this storm, or of the future, however bloody. But I hesitate not to say that I prefer an insurrection which frees the slaves in ten years to slavery for a century. A slave I pity. A rebellious slave I respect.

Inciting the slaves to insurrection was a scheme from which I have shown my husband revolted in horror.

At this time Mr. Gresham told Senator-elect Lane and Governor Morton that he would not fight in a servile or domestic war. "Rather than that," he wrote me from Indianapolis at that time, "the sooner the North and South have a peaceable separation the better." In this he was supported by many of the younger element. This ultimatum of the younger men, among whom Walter Q. Gresham was the leader, was the only basis Oliver P. Morton ever had for making the charge, as he afterwards did, that Mr. Gresham was disloyal. If a consideration for the whites whose misfortune it was to be linked with the bondsmen was disloyalty, then Walter Q. Gresham was always disloyal. And never was Mr. Gresham loyal to the Republican organization on the proposition — quoting Mr. Lincoln's own words—"To make slavery express and irrevocable." To save the Union he would not make that concession, but he would give his life's blood for it.

Then it was that the line-up became sectional. In the last days of February and the first days of March, 1861, the Republicans organized the territories of Colorado, Dakota, and Nebraska, in each instance—as has already been noted—copying the Kansas-Nebraska Act verbatim; certainly not, as Mr. Blaine says, to placate the Secessionists.

The most important measure before the Indiana legislature was the Gresham Military Bill. On the organization of the House, Mr. Gresham had been made chairman of the Military Committee and had been given by Governor Lane a commission as colonel on the Governor's staff. Under the existing law the military officers of the State were elected by the men. It was manifest the officers should be appointed by the Governor. This view Walter Q. Gresham early adopted and adhered to, although he had incurred the enmity of Governor Morton and had given up his commission as colonel on the Governor's staff. The opposition to the Gresham Military Bill was based on its centralizing effect. It was finally passed through the House on one of the last days of the session. After the vote had been taken, Representative John H. Stotsenburgh proposed to amend the title by substituting these words: "An Act Making Provision for the Complete Rout of the Republican Party at the Next and All Succeeding Popular Elections." He was ruled out of order. But the bill failed to become a law, as it did not pass the Senate.

In 1861, J. F. D. Lanier, one of the country's ablest financiers, and his partner, R. H. Winslow, under the firm name, Winslow, Lanier & Company of New York, were reorganizing the Pittsburgh, Fort Wayne, & Chicago Railroad Company. Mr. Lanier had settled at Madison, Indiana, at an early day, and before going into business in New York had been the president of the Madison Branch of the Indiana State Bank. At Mr. Ianier's instance, and also to please his friend, Samuel Patterson of Jeffersonville, a large owner in the Jeffersonville, Madison & Indianapolis Railroad, Walter Q. Gresham helped pass the legislation providing for the reorganization of the insolvent railroad corporations of the State. These acts were drawn in New York by Samuel J. Tilden, and the construction they subsequently received at the hands of the United States Supreme Court will be interesting.

In the debate on the bill to abolish the State printer, Walter Q. Gresham said: "When the gentleman from La Porte comes in here and endorses the sentiment, that 'to the victor belongs the spoils,' he endorses a doctrine that I cannot endorse."

At the election of the trustees who were clothed with the management and government of the benevolent institutions of the State —they then were elected by the members of the two houses in joint session —Mr. Gresham voted against his party; that is, he voted to retain the existing board, although it was Democratic in politics. A difference of temperament, together with these acts, started a breach with Governor Morton that had become wide by the time the session ended.

Limited as the regular session of the Indiana legislature was to sixty days, my husband was home by the middle of March, although he had remained in Indianapolis a few days after the legislature adjourned, to look after some cases in the State Supreme Court and in the Federal courts, and also to consider an advantageous proposition to form a partnership for the practice of law in Indianapolis which had been offered him by David Macy. But for the events that followed, the law partnership would have been formed and we would have removed to Indianapolis. He told me that his relations with Governor Morton, which had been cordial and friendly at the beginning, had become strained and bitter, and that as a result he had given up his commission as a colonel on the Governor's staff. This was most agreeable news to me, for if there was to be war, I felt he would not be in it. But when Sumter was fired on, my fears came back. I knew what it meant. Wendell Phillips was the first man to mount a dry goods box in the streets of Boston and declare that the Union he had for years labored to dissolve must be preserved.

Mr. Lincoln early got in touch with the Kentucky Union leaders. And the tenderness and coddling he showered on them all during the Spring and the dog days of 1861 is in strong contrast to the part he took in 1858, in "goading the slaveholder to madness,"—although he did not put it in these exact words—as part of his plan to separate Douglas from the Southern Democrats or, per se, the slave-holder. I am not saying this in criticism of Mr. Lincoln, but am simply recording the fact that he was big enough to throw consistency to the winds, and turn tail on his most cherished and lofty sentiments. He became a Union man per se—determined to save the Union with or without slavery. That he was sincere, the people farther south and in Virginia became convinced when it was too late.

Against the charge that their position was insincere and illogical, the Union leaders in Kentucky claimed they certainly saved Kentucky as a State to the Union, and that the pledges they made to the Kentucky slaveholders, with Mr. Lincoln's consent, were in good faith, although they were not kept. The compensation that was subsequently offered by the government to the Kentuckians was utterly inadequate. And before the war was over, many of the good Union men of 1860, 1861, and 1862 were in sympathy with the Confederate government.

In his inaugural address Mr. Lincoln modified his anti-slavery views. He said that he was willing that what was implied in the Constitution of the United States should by amendment be made express and irrevocable: namely, "the right of one man to hold another to service" or slavery.

These words were very different from the language of the Republican platform to which Lincoln had referred George D. Prentice the year before, when Mr. Prentice urged him to give voice to his conservative sentiments. They had a powerful influence in Kentucky. But more potent than his words were Mr. Lincoln's acts in actually enforcing the Fugitive Slave Law of 1850. And never was the wisdom of Henry Clay and Daniel Webster in drafting and passing "that infamous law that made man the catcher of his fellow man" better attested than in those trying days when patriotic men were holding the Border States to the Union.

J. Russell Jones, one of "the Galena gang" and one of Mr. Lincoln's "boys," was one of Lincoln's first appointees. Before he left Springfield Mr. Lincoln said, "Jones, I will appoint you United States marshal, and the first thing I want you to do is to return those three fugitive slaves now held in the Cook County jail in Chicago for safe keeping, pending their return under an order of Judge Drummond, to their owners, citizens of Missouri. Every attempt Buchanan's marshals have made of late to return a fugitive has failed. I want to show them at the earliest moment we will enforce the law."

It was the popular belief that the Buchanan marshals had connived at rescues.

"I think I was the first man Mr. Lincoln appointed in Illinois," said Mr. Jones, "and my first official act was to remove those three fugitives to Missouri. I made my arrangements for a special train from Chicago to run through the large towns without stopping, and for a ferry boat to meet it immediately on arriving at East St. Louis. Judge Drummond gave us a clearance, and before the Abolitionists knew about it, I had delivered the three slaves to their owners in St. Louis. All of which was duly chronicled in the newspapers."

It was acts and words of Mr. Lincoln's like these that contributed to the election of, if they did not elect, at the special election in Kentucky on the 20th of June, nine Union members headed by Ex-Senator John J. Crittenden, to one State's Right or Secessionist, to the special session of Congress that Mr. Lincoln had called to meet July 4, 1861.

April 24, 1861, the Indiana legislature met in special session. Governor Morton had promptly filled Indiana's quota of troops to meet Lincoln's call for 75,000 men, issued after the fall of Fort Sumter. The most important work for Indiana was a new military law.

The first letter I received after the Indiana legislature assembled is as follows: Indianapolis, Ind., April 25, 1861.

We organized yesterday, ignoring party. The Democrats, with-out a single exception, are for the government and war. You can have no idea of the state of feeling in Indiana. Military companies are coming in almost every hour, and being sent back home, the call being full. We could raise 50,000 soldiers in thirty days in Indiana alone.

The Anderson Guards arrived last night and went into camp this morning.   They were not here in time to get into the service of our state, and are stationed here as a reserve guard. They are greatly admired. All or nearly all are large, stout men, and well behaved.   Capt. Judson will make his mark as a military man.

The South has reckoned without her host in this hellish design of breaking up the Union. They never dreamt that the people would rise up as one man to put down the rebellion. The Rebels must now come to terms or meet the vengeance of an outraged people. There can be no doubt about the final result. God is with the just.

We will be here but a short time, perhaps a week. Horace Heffron, our Democratic friend from Harrison and Washington, proposed Cyrus Allen, the Republican speaker at the last session, and he was unanimously elected.

A few days later, I received the following: Indianapolis, April 28, 1861.

This city is still crowded with people. There are now some 10,000 soldiers here, to say nothing of the immense throng of visitors, and in all that vast throng, there is but one sentiment— the government must be sustained. Republicans and Democrats are a unit on this question. You may think this might have been avoided, that war ought not to curse this happy land, but then you must 00k at the question in all its bearings. It is better to have war for one year than anarchy and revolution for fifty years. If the government should suffer the Rebels to go on with their work with impunity, there would be no end to it and in a short time we would be without any law or order. We must now teach the Secessionists a lesson. They must be made to know that they cannot attack the government without suffering for their rebellion. It is all bosh and nonsense to talk about the North making war on the South. The South rebelled against the laws and makes war on the government. I was talking this evening with a very sensible gentleman who has just been run out of the South. He left Atlanta, Georgia, last week and his only crime was that of being a Union man. He was a merchant in Atlanta and a very wealthy man.1 He says there is a reign of terror throughout the seceded states, that the people are not consulted, but the leaders of rebellion do just as they please. He came North in company with sixty-odd others, all wealthy men. That affords some idea of the practical workings of secession. The South must be ruined. There are 18,000,000 whites in the North and 6,000,000 whites in the entire South. What can 6,000,000 do in fighting the united North and keeping down their Negroes? They have been led to believe that the North would not sustain the government. I think the difficulty will be settled soon. God knows we do not want to destroy our Southern brethren, but they should remember that it is their duty as good citizens to respect the laws. They have had their own way too long. Slavery makes men generous, but it also makes them tyrannical and overbearing.

I have been laboring hard ever since I came here. The military committee, of which I am chairman, has nearly all the work of the whole legislature before it. We hope to be relieved soon. I fear we will be kept here longer than I thought when I wrote you before. If we do not adjourn this week, I will try and come home Saturday if my engagements will permit. . . . Affectionately yours, W. Q. Gresham.

The opposition to vesting in the Governor the appointment of the officers of the regiments and the centralizing features of the Gresham Military Bill prolonged the session. The opposition was not confined to the Democrats. Leading Republicans were opposed to the measure as undemocratic and autocratic. Besides, many Republicans were disposed to let their judgment be guided by their feelings of resentment towards Governor Morton.

Horace Bell had returned from his Mexican experiences under Juarez, and when the legislature met, was in Camp Morton, the rendezvous for the volunteer troops at Indianapolis, drilling the new companies as they came in. He was then in the service of the National government. There were sessions of the military committees, both of the Senate and of the House, as the bill had to be redrafted and repassed in the House. Bell was brought before these committees as a witness of recent experience who had served in Mexico and under Walker in the Nicaraguan War.   In the Nicaraguan War he had met some of the ablest military men in the world, it was claimed. He had many works on military affairs and on the organization of armies. Reinforced by Bell's experience, his treatise on military affairs, and the testimony of the best military men in the State—among them Lew Wallace, Major Worth, an officer of the United States Army, stationed at Indianapolis, and especially Archibald Forbes' works on that subject — Walter Q. Gresham, with the aid of certain Democrats, put through the House again the bill he had drafted and passed at the regular session, vesting the appointment of the field and line officers of all regiments in the hands of the Governor, and so far as the law itself was concerned, it was made plain that politics and jealousies should be kept out of the military organization. One Republican voted against the bill because it would make the Governor a czar. Simeon K. Wolf, our fellow-townsman, represented Harrison County and two adjoining counties, Washington and Crawford, in the Senate. Through Mr. Wolf the necessary Democratic aid was secured to put the bill through the Senate.

One million of money was voted and the Governor was authorized to borrow $3,000,000 on the bonds of the State for the purpose of organizing the militia of the State.

My husband also drafted, and succeeded in getting passed, what was known as his Home Guard Bill, which authorized the citizens of a county to organize themselves into companies and elect their own officers. This was intended to benefit the river counties.

There was much dissatisfaction with Governor Morton because of some of the men he commissioned. Representative Bingham of Jennings County, in a resolution which did not pass, and a speech in support of it, severely criticized Governor Morton for appointing Horace Heffron major of the Thirteenth Regiment. Mr. Heffron never accepted the appointment. He was known to be disloyal, and he subsequently accepted a commission from Jefferson Davis in the Confederate Army, though he never served south of the Ohio River. Governor Morton claimed that it was my husband who instigated Bingham to introduce this resolution and make the attack. My husband replied that he knew nothing of the resolution being introduced, as he was absent from the House at the time; "but," he said, "if I had been there, I would have supported it by speech and vote." Bingham was another man who never resumed cordial relations with the Governor, but, as he was young, in obedience to the demand of the old men Governor Morton commissioned him the same as he did Gresham, against his will.

These young men used their power unsparingly in investigating all the acts of the Governor, especially those relating to supplies furnished by the quartermaster-general to the soldiers. The Governor was compelled to give a strict account of the money placed at his disposal at the regular session, to be used as a contingent fund in purchasing sup-plies and arms.

The special session ended June 2, and with it all the friendly relations that had ever existed between Walter Q. Gresham and the Governor. His colleagues, Veatch and Moody, in the House, and Senator Miller, in the Senate, and others, were given command of regiments, while he was denied any commission at all, although he tendered his services and demanded, as he claimed was his right, a colonel's commission. He then asked for a commission in the lower grades, which was refused. There were high words and the Governor was denounced to his face for venting his personal feelings when the other had sacrificed his for the good of the cause. Horace Bell was present at the last meeting of the Governor and the chairman of the Military Committee of the House, and, of course, in Bell's version and telling of it, Mr. Gresham did not suffer.

My husband made a number of trips home during the extra session to look after his law business.   On these visits he brought a great many lawsuits, all of which he afterwards turned over to Mr. Slaughter. He remained at Indianapolis almost a week after the legislature adjourned, to argue in the Supreme Court the steamboat cases that had gone there from Crawford County.

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