r - it v iiigizt on iritora. PREK R1UIIT, TO UK KEPT RIGHT, WIIE.V WRONG, TO BE PUT RICH I. TnURSDAr:::::::::::::::::::::::::::APIlIL C. Senator Couan on !2C ForfeS lurc andConQserstlwn of Rebel Property. To the Editor of The AU'yharJan : Probably the most important measure ever brought before our National Con gress is the bill to confiscate the property r.nd free the slaves of the rebels. It cimo up in the Senate, as the special or der of the day, on Tuesday, the 4th of .March last, oa which occasion it was op posed by Senator Cowan in a speech of extraordinary force and ability. As this fpcech has not yet been published in any of the papers of our county, I have thought that, with your permission, it might not bo amiss to bring some of its prominent point3 to the notice of your readers, through the medium of a commu nication. There may be many, indeed, who will disagree with Mr. Cowan in the construction he places upon the Constitu tion, but it should be generally borne in mind that that instrument is only to be fairly interpreted by legal minds like his, acting, as he does, under .the sanction of a most solemn oath to support it. The distinguished Senator begins by Etating that the bill tinder consideration involves, the gravest questions and most momentous issues, and that upon the dis position made of it may, perhaps, depend the fate of the Republic. He asks most pertinently : Shall we stand or fall by the Constitution, or shall we leave it and adventure ourselves upon the wide sea of revolution ? Shall we attempt to liberate the slaves of the people of the rebellious States, or shall we leave them to regulate tLcir domestic institutions the same as before the rebellion ? Shall we ?o back to the doctrine of forfeitures, which mark ed the middle ages, and introduced feud3 which intervening centuries have not yet sufficed to quiet' All these questions, 1 - . A " " 1 t ,1 1-11 1 ue maintains, are lnvoiveu in ine Dill, ana he then proceeds -to their consideration. Moderately estimating the number of actual rebels at one-half the white popu lation of the so-called Confederate States say four millions he declares that the bill proposes, at a single stroke, to strip all this vast cumber of people cf all their property, and reduce them at once to ab solute poverty. The value of this prop erty is enormous to be computed by bil lions and embraces their property in negro-slaves which, when forfeited, cannot be put into the coffers of the Federal Government. Comparing them with the results of this bill, he demonstrates that the forfeiture and confiscations of William the Conquerer and of the English Con quorers of Ireland, were utterly insignifi cant, inasmuch as they were intended only to affect the nobility, and not to strip the people or increase their burdens. If car ried out, the measure would virtually lib erate the whole four millions of slaves, aud be the most stupendous stroke for universal emancipation ever before at tempted in the world. The people of the South, loyal and rebellious, seem to agree with a wonderful unanimity as to their right to slave-property, and to resent with an excessive sensibility any interference with it whatever. They are now at war with us, with four hundred thousand in the field opposing U3 desperately. What Will be the- effect of this bill upon the war? aks the Senator. Will we bo stronger after it than before ; or will we id we have doubled tho number of those iu arms against us? They have now no cause of war j will not this measure fur nish them cr.e, r:d one they think more jjst and h.dy thr.n an- other? ilefcrrin to the pnject for procuring a home for these emancipated millions in some troprcal country, and of transporting,- colonizing and settling them there, with guarantees for their protection all which. i imposed u;on the President-. , i j l.'l TV'T? 'i"lVf f'r 111 ! i,I?irJn Cr".t-I-n .- f jiii;c 'linf-3 ! the Senator demonstrates rftost clearly, that, however magnificent the scheme m.v,- be in theory, it is on? which would involve us iu a Cost more heavy than even the present war, and iu the emergency no'sv upo'i us,- wculd re quire the miraculiKn.iiittrjrifioa-of Hert t - tut ihJ ."ie'.-ooicli-hmvut. j Hut an objection of still greater weight which the Senator urges against the bill, is, because of its direct conflict with the Constitution of tho United States; it be ing remembered that the War is wag ed solely lor the preservation of that instru ment, and for the ends, aims and purpo ses sanctioned by it, and for no other. lie addresses himself accordingly to sustain the proposition that Congress cannot for feit the "property of rebels for longer than their liver, ly the enactment of any law whatever ; and assigns the following among other reasons : 1. "Those persons now in rebellion, having levied war against the United States, are guilty of treason within the exact definition of that crime, contained in the third section of the third article of the Constitution, in hich it i3 declared that -Treason ajrain?t the United States shall consist only in levying war against them, or iu adhering to their enemies, giving them aid and couufort." "Xew, it cannot be doubted but that as socn as the rebels are arrested and brought within the power of any law we may pass, they become co instante traitors,, and ob noxious to the punishment which is im posed by our statue for treason. As long, however, as the rebel is at large, or in the hands of the military, he cares nothing for the law, and is not amenable to it, because the military power cannot try him under the law that must be done by the courts. But the second clause of that samo section provides further, that "The Congress shall have power to declare the punishment of treason, hut no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person aitainteu. "Therefore any law made for the gui- -dance of the courts must conform to this provision, and no other or greater penalty could be imposed than it would warrant. If, therefore, the law was to enact an ab solute forfeiture cf the estates of the trait or, it would be bad for the excess, and the judges would be obliged to make the sen tence constitutional, either by cutting down the statutory penalty to a forfeiture of his estates for life, or by omitting to forfeit them at all. 2. "The power assumed in this bill is also obnoxious to the provisions of the Constitution, if it be assumed tha Con gress can legislate an effectual forfeiture of the estates of rebels, a3 such, without allowing them an opportunity or means ct trial in the courts. Because, 1. "By the fifth amendment to the Constitution, it is provided : "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when iu actual ser vice, in time of war or public danger ; nor shall any person be subject, for the same offence, to be twice put in jeopardy of lifa or limb ; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, v ithout due proctss of law ; nor shall private property be taken for public use without jast compen sation." "Here it is attempted," says the Sena tor, "to deprive a large clas3 of persons of all their estates and property, without any arrest, without any presentment by a grand jury, without any trial by a petit jury, without, indeed, any trial at all in any court. This would be to deprive them of their property in the very face of the provision requiring that it shall only be done 'Ly due process of laic,' which all commentators and all lawyers agree, means proceedings according to the course of the common law." But the Seuator further shows that the measure proposed is in the nature of a Lill of attainder, and, as such, is pro hibited by the ninth section of the first article and third clause of the Constitu tion, which declares that uXo bill of attainder or ex post facto law shall be passed." Bills of attainder were resorted to in England, as well as in some of the United States during the Revolution, to punish traitors beyoud the reach of the courts, and in some cases even alter they were dead. These bills were passed by Par liament or the Legislature, and condemn ed the accused to death, (if not dead al ready), forfeited their estates, aud cor rupted the inheritable blood of their chil dren and heirs, so that no one could take any estate cither from or through them. In treating of this branch of the subject, Story's Commentaries on the Constitu tion, as wel! as other high legal authori ties arc referred to, and it is next shown that our fathers did wisely and well in prohibiting the exercise of such a power. j It is well remarked that their great prin- ciple wa3 to punish the guilty alone, and cot involve a whole family in the ruin : which the bead cf it might have brought j upon himself by his crimes, because, in ; fact, the family might have been, and in : mopt cases was, wholly innocent, i We are next aiked to fellow the conse quences of this bill into detail, and sup pose its provisions fully carried out : ;Our armies have overrun the whole ter ritories of the Confederate States; resis tance has entirely ceased ; and the Presi dent 'and his officers being masters of the country, they have time to finish the res idue of their work, by gathering in the balance of the property of the rebels not already taken to supply the 'military ne cessities' of the suppression. The rebels themselves are homeless, houseless, and property less ; and the question arises, have you made them loyal by your sever ity ? Are you assured their love for the Union will return again after this chas tisement ? Have you thought how they would shout at the-sight of the glorious old banner 'the Stars and Stripes' which brought them such deliverance?" "Mr. President, these people are to be again our' brethren and kinsmen, if such a thing is possible ; but it does seem to me that, by such laws as this, you will make that possibility a very remote oue. Will not their women and children hate you, and their children's children hate and curse you down to the latest genera tion ; and whenever they get a chance will they not rebel against you ? Have you not sown the seeds of many rebellions by this one ill-advised act ? All this might make little or no difference, if they were of hostile race and alien enemies, and if we were making war u)on them for conquest and subjugation. But that J is notthe.fuet. Wc have herein these! Halls of Congress solemnly "declared that j the war was for no such purpose, but that j it was for the purpose of compelling obe- j dience to the Constitution aud the laws ; and I am for standing upon that declara tion. "The Constitution and tho laws being restored and ebedienco tendered, is this law one of them ? Now, we suppose that a large number of people everywhere in the Confederate States were constrained, even by force, to join the rebellion are these to suffer on the same scaffold with the willing traitor; and is there no 'difference to be made between the general who be trayed his country, and the soldier he has compelled to march at hbs bidding at the head of a rebel column ? This bill makes none; and if it did, it makes uo provision to try it and determine its value when it i3 found ; the officers have seized the property, and the victim of force in the beginning ends by being ths victim of wrong and injustice." Another argument urged against the bill in question by the learned Senator, may be here briefly noticed. Under the Constitution, the President is Commander-. in-Chief of the Army and Navy. He is invested with the war-making power, aud is only restrained in so far by Congress in that he must depend upon them to fcot his bills and authorize his levies. He organizes the forces, appoints the officers, directs their operations, and is responsible for.the failure or success of the campaigns ; and whether those who resist him are alien enemies, or disaffected citizens in revolt, he must conduct the war upon the princi ples recognized by the "Laws jf Nations," which are obligatory upon all belligerents everywhere. And while making copious extracts on thi3 point from Vattel's Law of Nations and Wheaton's Elements of International Law both works of un doubted authority the Seuator shows the utter impropriety and indeed impossi bility of changing these laws by legislative enactment, adding that. : "The President, or his generals, with their armies, have a right to attack the rebels in arms ; and kill them if they do not submit. He has also a right to take, by way of capture, all their public property used in the war, such as forts, ships, arms, ammunition, stores of every kind, &c'., but he could not do as this bill proposes to do ; he could not follow the rebel after his surrender and take from his house the private prop erty which he had left there for his wife and children, while he was at war. And all . this because a Christian civilization has taught the nations that such modes of making war'are uetgmly not necessary, but that they are in all cases mischievous and injurious, even to the conqueror him self." Another question met and disposed of is, whether, being friends, tTic emancipa ted negroes should be enrolled as soldiers in our armies ? And here, with just se verity, England is denounced as having violated the Laws of War by employing the cruel and barbarous Indians against us in the Revolution. "It follows, then, as a corroilary from this," says the Senator, "that it the negroes of the South could be drilled and disciplined so as to become obedient to the laws of war, there is no valid objection to their being employed br that purpose the same as other men. But if, on the other hand, they are igno rant, barbarous, and savage to such au extent as coupled with the fact that they belong to a race towards which our3 en tertains strong antipathies, and from their degraded and servile condition it would be impossible to restrain them from com mitting outrages not allowable even against the enemy, they ought not to be employed in our ranks ; and to do so on our part would bring down upon us the odium of all Christendom, and the condemnation of all good men." But this is a question which the Senator says is for the Presi dent and his military advisers to decide, and he is content to confide it to them, as he is all other duties devolved upou them by the Constitution. There are, of course, other powerful arguments used by the eloquent Senator against the bill in question. But time and space will not permit them to be noticed here. This imperfect review would do him injustice, however, did it not give in his own words, that portion of his speech in which, a a J'epuLliran, he protests against the proposed measure. It administers a withering aud timely rebuke to the miserable dough-faces of the North, who, for their own e elfish ends, have all along been asserting that the Republican Party is sectional iu its char- j acter, and that it would, it successful, j wield its power for the abolition of Slavery I in the States of the Union. j 'Nov.-, sir, as a Republican. I protest against j fwiy n:fisure of this kind eta uiUin- from the j legislative branch of this Oove rnment. I do j ro fur my own, and tor the sake of the great j party which canu; to the rescue of the Union i uud i!:e Gve-iuiu;;t just t the tlmv when the coii?!jirators had almost consus.-iutcd the ruin of both, and both of which, I trust in God J with the nid of good layal men everywhere, it will be strong enough to restore and wise i enough to preserve in all their former vigvr j and glory. Now, sir, if etr there was one ! slander more foal than another, or more mis chievous to the peace and happiDts of the country than' another, it was the a!l."gatioii j made by the conspirators of the JSouth, and ' reiterated overand over again by their scarcely i less wiiked confederates of the North, that the sole object of the Republican party was the abolition of negro slavery in the Southern r'rtatcs of the Union. That slanpfii was the moving cause of this'war ; that was the catch word which inl'iamed the iSouth, which en abled the leaders of the rebellion to consol idate her peepl and abtain over them a con trol which prevented us ever since 1354 from having a hearing before thera, which shut out from them ail testimony A3 to our real principles and beliefs, and left them exposed to be confirmed i:i their error by the knowing and wilful falsehood of their allies in the North. And, sir, I Lave but a single word here to soy of those allies, aud that is this, that I have a thousand times more respect for and faith in the poor soldier ia the rebel ar my to-day, and iu his patriotism and loyalty, thau 1 have iu those editors of the North who, year after year, moath after mouth, and day after day knowing the same to be false published and sent down to the South this gigantic lie and base slander against the true uieu of the free States, nine hundred and ninety-uine out of every thousand of whom never dreamed of disturbing anybody's con stitutional rights, never thought of abolishing negro slavery when it lawfully existed in States; men who, on the contrary, were as obedient to the Constitution as to the behests of their religion, reverencing it next to their liibles, and giving now ou the battlc-Cclds of the South the otter of their very live3 to sus tain it ; men who never cared or took a thought of slavery as imposing a single arc spousibility upon them, and who never would have come into collision with it anywhere of their own choice. Hut when it insolently at tempted outside of its legitimate sphere and within their lawful reach to provoke a strug gle and contest with them as to whether the common Territories of the nation should be the homes of free white men or of servile ne groes, they resiited it, as they had a right to do. 'It was a simple question between the white men and the negroes which should have the Territories ; if the negro succeeded, the white man would not inhabit - them in his company; and if the white succeeded, the negro should nvt. "The victory was won by tlx white man ; and the creed and doctrine which animated him iu achieving it is "Republicanism.." Nothing move nothing less. So it was de clared aud published everywhere ; so it is understood by the peoplo ; so elevated into power by the nation; so put forth almost unanimously by the present Congress. We have said wc had no right and claimed none to meddle, with slaves or slavery in the slave States. All which h:s been and is now per fectly understood by all not wilfully blind. "Then, sir, I s.iy again, that as. a Republi can, standing upen the Constitution as con strued by that party, I protest against tlte tccond section of this bill, as being a "lotal and entire departure from the principles of that instrument, most mischievous at thi time, because it uselessly distracts, divides and weakens the friends of the country when they ought to be united and of one accord iu action, if ever such were needed before. .In addition to this, it would make us do of all things in the world that which would most gratify and strengthen our enemies everj--where worth to-day more than a hundred thousand armed mou to the traitors of the South, and worth more than fivo hm.dred thousand votes to the would be traitors of the North ; thus enabling the latter fcgain to get control of the Oovermneut, to wield it as they have wielded it before. No, sir ; pass tli tt bill by this Congress, and every false hood uttered and every design charged upon lis ia six years of deperai struggle is veri fied by our deliberate act an act as useless to the country and to the cause in which we arc engaged (apart from other objections) as would be a law against serfdom in Russia passed here.' It cannot be doubted that, many Nor thern people, who were formerly very conservative in feeling and action, have, since the ecmmcnceineut of the Ilebcl lion, become strongly in favor of extreme measures for its suppressiou. Ilegarding Slavery as the somrce of h11 our national troubles, and viewing those who have ta ken up arm3 against the government as being no longer entitled to projection, they would cmaucipaie the Slave as a punishment to the llebel. However hon est these persons may be in entertaining a desire to see this accomplished, they would do well to inquire, first, how far such schemes arc warranted by the Con stitution. For it must bo remembered, that it is only for the preservation of that instrument, and the Union and Govern ment established by it, that the "War is being veaged. Nor should it be forgot ten, that we cannot go outside the provis ions of that instrument to devise or em ploy mean3 for its preservation, without at the same time virtually acknowledging the dissolution of the. Union, and that the Constitution itself, which we have always loved and revered so much, is a delusion and a failure. And here I beg leave to introduce still another extract from the Senator's speech : ' "I know that a great many good peo ple, who hate slavery, and ardently desire that the country were well rid of it, will at first be inclined to wonder at the ilifli ouities in the way of their favorite schemes ; but I have no doubt, on further reflec tion, they too will recognize them I knew that many people suppoc, in some way not very clear to thorn, that our pow ers under the Constitution have been in definitely enlarged by the fnct that a civil war is now raging in one-half the States of the Union, calling into play what is called the "war power" of Congress, by virtue of winch we can pass any law we choose which tends, or is supposed to tend, towards the suppression of the re bellion, and that under it this bill is war ranted ).y the Cenctitution. "I think all this will be found a delu sion aud a snare. Our power to-day is no greater than it was at any time since the formation of the Constitution, and any law enacted now which would have been unconstitutional if enacted then, would be unconstitutional now. Nobody pretends that it Jefferson Davis alone had been- guilty of treason last yer.r or the year before, and had escaped the jurisdic tion of the courts, that Congress could have attainted him as a traitor, or forfeit ed his property, or emancipated his slaves. Even the simplest man would have known that in such case he must be tried, con victed, and punished by law. Nor can the case be at all altered if one thousand or one hundred thousand other traitors were in the same category, because nei ther the power of the legislature or courts is enlarged in the slightest degree by the multiplication of the number of the crim inals. The grants of power to us in the Constitution were fixed in it from the be ginning, and we stand just where we did always." I have occupied considerable space, Mr. Editor, but not more, I am convin ced, than the importance of this subject deserves. In conclusion, let me say, tha while I am as anxious as any one can be to see this unholy Rebellion crushed, and its authors and leaders punished, and while I am equally as ues:rous that the day will soon come when the last vestice of Human Slavery shall disappear from our land, yet 1 would wish this all dorc in a way and by means which would not, in the slightest degree, infringe upon the Constitution. I am constrained, therefore, to give my unqualified appro val to the speech of Mr. Co wax. It is an eminently plain, practical and states manlike document, and I submit that, as a legal and Constitutional argument, it is unanswered and unanswerable. A HtrucLiCA:;. Victory Sear Winchester. The United States forces, under the gallant Gen. Shields, gained a most glo rious victory over the combined forces of Jackson, Smith and Longstreet, on Sun day, March 23d. The rebels, about 15, OUO strong, attacked the United States forces, numbering between 8,000 and i), 0U effective men, about S o'clock on Sunday morning, and after a most bloodv and desperate engagement, were utterly routed, with a loss of about S00 killed, 000 wounded, and 250 prisoners. Our loss was lo2 killed, aud about oOO woun ded. The Union army pursued the fly ing rebels 12 miles past Strasburg, cap turing a largo quantity of army "stores, 1,000 stand of small arms, two cannon, and tents and camp equipage in -abundance. General Shields was struck on the arm by a piece of a shell, and had to retire to a house aboift two miles distant, from which place he gave his orders du ring the engagement. Among the killed is Col. "Win. G.Murray, of the 81th Pa. Regiment, who fell at the head of his command, while gallantly leading a charge against the enemy's center. The latest telegraphic despatches from General Shield's division state that the enemy have been largely reinforced, but so demoralized they they will not make n stand nnyplace. - ' Death 0f ?ttll 3Iurray. ra v Col. William Gray Murrov, If the Pennsvlvania rpTin ', e"a wounded at the head of hi, troo leading them in the desperate got Winchester, on .Sunday bloody fact, without pausir fl at once excited the regret i r ' of the entire State, and pierced iUr ' one heart with a poignancy 0f " which sought its consolation in and in tearsi liTiii The Harrisburg Telegraph , following obituary ot the coil 1 . CoL Murray was born in the cit- Tv York, and at an' early a"o rtJ- . ej Col Mnrf.,, V .' here his family has resided i ,.r ' During the war with Mexico, tel. was made third sergeant in Cj;t V,';V' company, attached to the second' p?' sylvauia volunteers. Whea .vy- that position, his gallantry at Vera r " attracted the attention of his iupcr and he was made a Second LieutPi.a,f t,,elltUIulantry,U..S.A.,t;i Jrolk. At the close erf the Mexican w- c i Murray settled in Iloliidavilur". " "Jje!" once became an active, ucr-ttS v.-;. man, taking a prominent part it: the tolMc a! sti u-gics of the times, and ly his iutl rity ar.d independence winning fjr hi"! self the respect and regard which a br:vj 1'icree 'icree appointed him 1'ostnasJcr ol ih " daysburg, in which poiitiou Le c. tinned L-v Euchanan. At the first sound of alarm m trie uoto of treason arming for a coutc v'-i the national author::;', the tlccca- d promptly avowed bis determination tj enter the army and do battle tor his crutifv Tills resolution cmld net at ouce Le car ried into effect, on account jf sicknci3 h his'owa family, aud yet as au active aud zealous military man, he was of invaiu::!e ail in his locality, by asi;ting to ornizo and push forward recruits i'jr the vjla. tc-er forces. Afj;er the death cf his wife. Col. Murray Wa urged to crgiie a r;: iinent, and his standard was scurz-dv r:i - j before his ranks were fail, ife rallied tu his rank and file some of the Lc.-t anl bravest men that PeLtis vivaria Lns re cruited in her quota They were iheLarJy mountaineers and sturdy lanucra of Upl and Clearfield counties. vd;o, like tltir gallant leader, enlisted to fjhi, aud as he fell, they proved their ucvotios at tie cannon's month and the rife pit, t'ctil, y the dispatches declare "the 4th l'ecn sylvauia was badly cut to piec?s while every man fought like a hero." It we merely adopted, the formal phra ses made ue of in recording such evec:-, we could only write that Col. Murra died like a soldier, and found death where brave men rush to its or counter. Est he merits more than this tit our handa. Hi' death deserves a nobler refcrtuce ti.sa that which merely records the end cf common man ; because he 6ourLt ths first ranks of his country'? defea Jcrs, sril there, covering himself with jilorv, he yielded his life in a struggle f'jr the right, while his wasted aud bie-eJ'.ng troop mingled their shouts of victory with the sigh that broke its farewells to their dying leader. The last Words he uttered were, "Forward to the charge," nd the Lii he heard, "victory, vict'-ry, victory." No braver man thau C h Manay urejr his sword iu our present strjj::le -' nobler spirit has yet fell a sacriliee to the rebellion. He has cnrneJ i hVxe -beh will seeuie a brighter reeird than we cua make for his deeds ; and as he bequeathed his life to his country, so will his country men devote then. selves L: j,ratitucl to... mcmory. His death guts tv t-wclMue number of those who have Itcu sacr.Seed by the slave power, because they divcu to ihterpoe to save the Uuioa fro"i ci'h; tiou and freedom from destructioa. I'; blood now crns to J leaven f r ite vindi cation of that vengeance which aone be longs to God, and as we trntin nisp-cr so have we faith iu His retribution. Abe dawn is not yet, but tho darkens beg:" to lift its curtains from the hcr- U, anj in this contest f..r" the right, soon w the right triumph ! t P ace to the remains of the ilanrlienA Vriu.iAM Gray MunaAV. 66rpilE UJN'IOX JL right osw-noxG:" UNI OX PLAXIXG XILL, Ebentiurs, Tea. m. m i. , Iom-h t,- inform ' luUJtiiUU iJlfc- 11... .v -- ;U Pablic that ho is iie?r.rcd to 'ar!"s-: -i , . 1 , terms. r-' snort nonce and o:i ipcm"'- n manner of WORKED I.r.MUK.", Am DOORS, and MOULDINe- . Ali work warranted to give entire sa tion, otherwise no charge" wiil ju"" j rycJ Orders from a distune-e v!i''ite" a with uroraptucss and uispaub. tT- Rough Mitaber taken in xtlian0 Worked Lumber. ilUA1'5- ' Kbensbnrg, Jan. GO, l$C2-tf JUST RECEIVED TI1REE BARRELS LAKS TKOUT, A TRIME ARTICLE, AT A. A. BARKER'S STORE. ONLY TV EXIV-FIVE CENTS TEIi D0Z- .. .. , CALL AND SAMPLE TfiSil- Ebensburg, Murch 6, 1C.' iciil.-., iiiuc;u iu ancustcr Citv tr! 1 family resided for some vrar, t-lhe that cit-, they removed to II ir-1 4 Here the lather of Col MnrJ"l'"il'S-
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