United States Thirteenth Amendment 1863-65

An amendment to the United States Constitution to abolish slavery introduced during the American Civil War.

The House of Representatives

The House of Representatives of the Thirty-Eighth Session of Congress

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Session 3642: 1864-12-20 12:00:00

Reuben Fenton leaves the House of Representatives; More members join the House; H. R. 602 is reported back from the Committee on the Rebellious States with amendments; President's Annual Message is considered in the Committee of the Whole.

Document View (with components):

H. R. 602

Shown with amendment 'H. R. 602: Notice of Mr. Wilson's Substitute' (e902095)

There are 4 proposed amendments related to this document on which decisions have not been taken.

A BILL

To guarantee to certain States whose governments have been usurped or overthrown a republican form of government. [-e903040]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in the State[-e902095]s d[-e902095]eclared i[-e902095]n rebellion [-e902095]ag[-e904013]for the protection of persons and property[+e903040 -e904013] [+e903040]ainst the Uni[-e902095]te[-e902095]d[-e904013]government, [+e903040 -e904013],[+e903040] States, the President shall, by [-e902095]and [-e904013]w[-e903040]i[-e904013]t[-e903040]h the adv[-e904013]i[-e903040]ce and consent of the Senate[-e904013], [-e903040]appoin[-e904013]t[-e903040] f[-e904013]or prts o States in[+e902113 -e904013] [+e902113]whic[+e902113 -e904013]h su[+e902113]ch persns have been declared free by any proclamation o[+e902113 -e904013]f[+e902113] the Pent,[+e902113 -e904013]o[-e904013]s4th[+e903040 -e904013]r eac[-e904013]h[-e902095]$1,500[+e903040 -e904013] a pr[-e904013]5[+e903040 -e904013]ovisional governor, whose pa[-e904013]y[-e902113] and[-e904013]l[+e903040 -e904013] em[-e904013] white[+e902113 -e904013]o[-e904013]l[+e903040 -e904013]lume[-e904013]nt[-e902095]st[+e904013]s shall not exceed that[-e904013], together[+e902113 -e904013] with the citizens[+e902113] of th[+e902113 -e904013]e[+e902113] United States fro[+e902113 -e904013]m[+e902113] such Stat[+e902113 -e904013]e[+e902113] in the military or [+e902113 -e904013]n[+e902113]aval[+e902113 -e904013] s[+e902113]ervice of the United States[+e902113 -e904013]6[+e903040 -e904013],[+e902113 -e904013] of a brigadier gene[-e904013]8[+e902113 -e904013]ral of v[-e904013]ol[-e902095]unt[-e904013]enroll[+e902113 -e904013]eers, wh[-e904013], or in the military or naval service of the United States, a[+e902113 -e904013]r[+e903040 -e904013]s aforesaid,[+e902113 -e904013]o s[-e904013]ha[-e902095]l[-e904013]r[+e903040 -e904013]l b[-e904013]e[-e902095] char[-e904013]7[+e903040 -e904013]ged wit[-e904013]s ofState, who are[+e903040 -e904013]h the civ[-e904013]all wh[+e903040 -e904013]o[+e903040] have been[+e903040 -e904013] h[+e903040]onorably discharged therefrom, together with all [+e903040 -e904013]lo[+e903040]yal [+e903040 -e904013]c[+e903040]itizens enroll[+e903040 -e904013]ed [+e903040]as aforesaid, , prescribJuly 2, 1862, shall be electors, and may vote for delegates to the convention hereinbefo[+e903040 -e904013]r[+e903040]e aut[+e903040 -e904013]h[+e903040]orized, in the county, parish[+e903040 -e904013], [+e903040]or district in wh[+e903040 -e904013]i[+e903040]ch they reside,89[+e903040 -e904013]il[-e903040] [-e902095]ad[-e904013]9[+e902113 -e904013]minist[-e904013]or naval[+e902113 -e904013]8[+e903040 -e904013] 01[+e902113 -e904013]rat[-e904013]i[-e902095]y[+e903040 -e904013]on [-e904013]o[-e902095]f such [-e904013]S[-e902095]ta[-e904013]2[+e902113 -e904013]te, u[-e904013]civil [+e903040 -e904013]ntil a State go[-e904013]L[+e903040 -e904013]ve[-e904013]G[+e903040 -e904013]rnment therein shall be reco[-e904013]and equality civil righ[+e902113 -e904013]i[+e903040 -e904013]ts before the law are[+e902113 -e904013]gni[-e904013]to all persons [+e902113 -e904013]z[-e904013] [+e902113 -e904013]ed as herei[-e904013], or in an[+e902113 -e904013]y mann[+e902113]er in aid thereof,s[+e902113 -e904013]nafte[-e904013]; and all ac[+e902113 -e904013]ts, judicia[+e902113 -e903040]l or legislative, for the confiscation or[+e902113 -e904013] f[+e902113 -e903040]ap[+e904013]orfeiture of any debt, property, or franchise, of any loyal citizen of the United States, are hereby [+e902113 -e904013]1[+e903040 -e904013]declared null and void.3[+e902113 -e904013]r provided. [-e904013]

it shall proceed to re-establish a republican f[+e902113 -e904013]or[+e902113]m of government, and ordain a constitution containing those provision[+e902113 -e904013]SR[+e903040 -e904013]s[+e902113 -e904013][+e903040 -e904013], [+e902113 -e904013] [-e904013]

Sec. 2. [-e904013]And[-e902095] be it f[-e904013]4Sec. 15. And be it further enacted, That the[+e902113 -e904013] United S[+e902113]P[+e904013]tates, in Congress assembled, do hereby recognize the government of th[+e902113 -e904013]e [+e902113]State [+e902113 -e904013]of[+e902113] Louisiana, inaugurated under and by the co[+e902113 -e904013]nv[+e902113]ention which assembled on the s[+e902113 -e904013]ix[+e902113]th d[+e902113 -e904013]ay[+e902113] of April, anno Domini eighteen hund[+e902113 -e904013]re[+e902113]d and s[+e902113 -e904013]i[+e902113]xty-four, at the city of New Orleans; and t[+e902113 -e904013]h[+e902113]e government of the State of Arkansas, inaugurated under and by the[+e902113 -e904013] [+e902113]convention whic[+e902113 -e904013]h[+e902113] assembled on the eight[+e902113 -e904013]h[+e902113] day of January, e[+e902113 -e904013]igh[+e902113]notwi[+e904013]teen hundred and sixty-four, at the city of Little Rock: Provide[+e902113 -e904013]d,[+e902113] T[+e902113 -e904013]h[+e902113]at t[+e902113 -e904013]h[+e902113]e same or other conve[+e902113 -e904013]nti[+e902113]ing his objections,[+e904013]ons, duly assembled, shall first have incorporated into the constitutions of those States, respectively, the conditions prescribed in the twelfth section of this act, and the marshal of the United State[+e902113 -e904013]s shall have[+e902113] returned to the Presiden[+e902113 -e904013]t[+e902113] of the Uni[+e902113 -e904013]t[+e902113]ed States t[+e902113 -e904013]h[+e902113]e enrolment directed by the seventh section t[+e902113 -e904013]o [+e902113] have[+e904013]be made and returned to the provisional governor, an[+e902113 -e904013]d [+e902113]it shall appear t[+e902113 -e904013]h[+e902113]ereby that [+e902113 -e904013]t[+e902113]he perso[+e902113 -e904013]ns[+e902113] taking the oath to support the Constitution o[+e902113 -e904013]f[+e902113] the Un[+e902113 -e904013]i[+e902113]ted St[+e902113 -e904013]a[+e902113]tes, toge[+e902113 -e904013]t[+e902113]her w[+e902113 -e904013]i[+e902113]th t[+e902113 -e904013]h[+e902113]e [+e902113 -e904013]c[+e902113]itizens [+e902113 -e904013]o[+e902113]f the United Stat[+e902113 -e904013]es [+e902113]from such State in t[+e902113 -e904013]h[+e902113]e military or naval s[+e902113 -e904013]ervice[+e902113]have organized a just local[+e904013] of the United States, amount to a majority of the persons enrolled in the State. And the President shall, thereupon, by proclamation, declare the recognition[+e902113 -e904013] by the Uni[+e902113], [+e904013]ted States, in Congress assembled, of the said government[+e902113 -e904013] o[+e902113]f su[+e902113 -e904013]c[+e902113]h State; and from the date of such proclamation the s[+e902113 -e904013]ai[+e902113]d government [+e902113 -e904013]s[+e902113]hall be entitled to th[+e902113 -e904013]e[+e902113] gurarantee a[+e902113 -e904013]n[+e902113]d all o[+e902113 -e904013]t[+e902113]her rights of [+e902113 -e904013]a[+e902113] [+e902113 -e904013]S[+e902113]tate go[+e902113 -e904013]ve[+e902113]rnmen[+e902113 -e904013]t [+e902113]orm,[+e904013]under the Constitution of the United States; but this act shall no[+e902113 -e904013]t o[+e902113]perate a recognition of a [+e902113 -e904013]State go[+e902113]vern[+e902113 -e904013]m[+e902113]ent in[+e902113 -e904013] [+e902113]either of said States till the conditions[+e902113 -e904013] a[+e902113]tl[+e904013]foresaid are complied with,[+e902113 -e904013] an[+e902113]d till that time those[+e902113 -e904013] St[+e902113]ates shal[+e902113 -e904013]l[+e902113] be [+e902113 -e904013]Sec. [+e903040 -e904013]1[+e903040]3. And be it further enacted, That is th[+e903040 -e904013]e[+e903040] [+e903040 -e904013]p[+e903040]erso[+e903040 -e904013]n[+e903040]s ex[+e903040 -e904013]e[+e903040]rcising the fu[+e903040 -e904013]n[+e903040]ct[+e903040 -e904013]i[+e903040]ons of[+e903040 -e904013] Go[+e903040]vernor and Legislature under the rebe[+e903040 -e904013]l us[+e903040]urpation in[+e903040 -e904013] any St[+e903040]respecti[+e904013]ate heretofore declared to be in rebellion shall, before armed resistance to the national government is suppressed in such State, submit to the [+e903040 -e904013]au[+e903040]tho[+e903040 -e904013]r[+e903040]ity of the [+e903040 -e904013]U[+e903040]nited State[+e903040 -e904013]s[+e903040], and[+e903040 -e904013] [+e903040]take the oath to sup[+e903040 -e904013]p[+e903040]ort the Constitution of t[+e903040 -e904013]he[+e903040] United States, and ad[+e903040 -e904013]o[+e903040]pt by law the third provision prescribed in the eighth section [+e903040 -e904013]of[+e903040] this act, and ra[+e903040 -e904013]tif[+e903040]y the amendment to the Constitution of [+e903040 -e904013]the Unit[+e903040]ed States proposed by Congress to the Legislatures of the severa[+e903040 -e904013]l [+e903040]States on the 31st day of January, A. D. 1865, it shall be lawful for the President of the United States to recognize the said Governo[+e903040 -e904013]r and Legislature as the lawful State government of such State, and to certify the fact to Congress for its recognition: Provided, That nothing herein contained shall operate to disturb the boundary lines of any State heretofore recognized by and now represented in the Congress of the United States.[+e903040]subject to this law. [+e902113]

urther enacted, That until the United Stat[-e902095]es shall hav[-e902095]e recog[-e902095]nized a republican form of S[-e902095]tate government, the prov[-e902095]isional go[-e902095]vernor in each of said State[-e902095]s shall see that this act, a[-e902095]nd the laws [-e902095]of [-e902095]the United States, and the laws of the State in force when the State government was overthrown[-e902095] by th[-e902095]e rebellion, are faithfully exe[-e902095]cut[-e902095]ed w[-e902095]ithin the State; but no law or usage whereby any person was heretofore held in in[-e902095]voluntary s[-e902095]ervitu[-e902095]de[-e902095] shall be recognized or en[-e902095]fo[-e902095]rced by any c[-e902095]ourt or officer in such State; and the laws for the trial and punish[-e902095]ment of white persons shall extend to all persons,[-e902095] and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers provided for b[-e902095]y the laws of the [-e902095]State w[-e902095]hen its gove[-e902095]rnm[-e902095]en[-e902095]t was [-e902095]overthrown as he may [-e902095]find necessary t[-e902095]o the civil administ[-e902095]ration of th[-e902095]e State, all which officers shall be entitle[-e902095]d to r[-e902095]eceive the fees and emo[-e902095]luments provided by the St[-e902095]ate laws fo[-e902095]r such offic[-e902095]ers. [-e902095]

[-e902095]

Sec. 3. An[-e902095]d be [-e902095]it further e[-e902095]nacted, That until the[-e902095] recognition of a State government, as aforesaid, the provisional governor shall, under such regulations as he may prescri[-e902095]be, cause to be assessed, [-e902095]levied, and co[-e902095]llected, for the year e[-e902095]ighteen hundred and sixty-five, and every year thereafter, the taxes pr[-e902095]ovided by the laws of such State to be levied duri[-e902095]ng[-e902095] the fisc[-e902095]al year precedin[-e902095]g the overthrow of the St[-e902095]ate government thereof, [-e902095]in the manner pre[-e902095]scribed by [-e902095]the laws of the State, as nearly as may be; and the officers appointed, as aforesaid, are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the State government aforesaid for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such State, subject to the direction of the President, and the surplus shall be deposited in the treasury of[-e902095] the United States to the credit of s[-e902095]uch State, to be paid to the State upo[-e902095]n an appropria[-e902095]tion therefor, to be made when a republican form of government shal[-e902095]l be recognized therein b[-e902095]y the United St[-e902095]ates. [-e902095]

[-e902095]

Sec. 4. A[-e902095]nd[-e902095] be it further en[-e902095]acted,[-e902095] That all persons held t[-e902095]o involunta[-e902095]ry servitude or labor in the States aforesaid are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on habeas corpus, discharge them. [-e902095]

[-e902095]

Sec. 5. And be it further enacted, That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the person convicted before a court of competent[-e902095] jurisdicti[-e902095]on of such act shall be punished by f[-e902095]ine of no[-e902095]t less than fifteen hund[-e902095]red dollars, and be impri[-e902095]soned not [-e902095]less than five nor more than twenty years. [-e902095]

[-e902095]

Sec. 6. And be it f[-e902095]ur[-e902095]ther enacted, That every person who shall hereafter hold or exerc[-e902095]ise any [-e902095]office, civil or military, except offices merely mi[-e902095]nisterial and military[-e902095] offices below the grade of colonel, in the rebel service, State or confederate, is hereby declared not to be a citizen of the United States. [-e902095]

[-e902095]

Sec. 7. And be it further enacted, That the United States, in[-e902095] Congress assembled[-e902095], do hereby recognize the government of the St[-e902095]ate of Louisiana, inaugurated under and by the convention of the [-e902095]people of Louisiana, which assembled on the sixth day of A[-e902095]pril, anno Domini eighteen hundred and sixty-four, at the city of New Orleans, and declare the same to be entitled to the guarantee and all other rights of a State g[-e902095]overnment under the Constitution of the United States. [-e902095]

[-e902095]

Sec. 8. An[-e902095]d be it further enacted, That so soon as the militar[-e902095]y resistance to [-e902095]the P[+e902095]United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and the laws of the United States, the provisional governor shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enrol all male citizens of the United States [-e902095]resident in the State in their respective counties[-e902095], and t[-e902095]o [-e902095]request[-e902095] each one to take the oath to su[-e902095]pport the Constitution of the United St[-e902095]ate[-e902095]s, and in hi[-e902095]s [-e902095]enrolment to [-e902095]designate[-e902095] those who take a[-e902095]nd th[-e902095]ose who refuse [-e902095]to take that oath, [-e902095]wh[-e902095]ich rolls shall be for[-e902095]thwith returned to the provi[-e902095]sional governor; and if the persons [-e902095]taking that oath shall amount to a majority of the persons e[-e902095]nrolle[-e902095]d [-e902095]in the State, he shall, by proclamation, invite the loyal people of the State to elect dele[-e902095]gates to a[-e902095] convention c[-e902095]harged to declare the w[-e902095]ill of the people of the State relative to the re-e[-e902095]stablishment[-e902095] of a State government, su[-e902095]bject to and [-e902095]in conformity with the C[-e902095]onstitution of the United States. [-e902095]

[-e902095]

Sec. 9. And be it further enacted[-e902095], That the convention [-e902095]shall consist of as many members as both ho[-e902095]uses of the last [-e902095]constitutional State legislature, apportioned by t[-e902095]he provisional governor among the counties, parishes, or districts of the[-e902095] State,[-e902095] in proportion to the population returned as electors, by the mar[-e902095]shal, in comp[-e902095]liance[-e902095] wit[-e902095]h the provisions of this [-e902095]act. The provisional go[-e902095]vernor shall,[-e902095] by proclamation, d[-e902095]eclar[-e902095]e the [-e902095]number[-e902095] o[-e902095]f delegates to be elected by each county, par[-e902095]ish, o[-e902095]r election di[-e902095]strict; name a[-e902095] day of el[-e902095]ection, not [-e902095]less th[-e902095]an thi[-e902095]rty days thereaft[-e902095]er; [-e902095]designate[-e902095] the places [-e902095]of[-e902095] voting in eac[-e902095]h county, p[-e902095]arish, or district, conforming, as nearly as may be con[-e902095]venient,[-e902095] t[-e902095]o the places used in the State elections next p[-e902095]recedin[-e902095]g the rebellion; [-e902095]appoi[-e902095]nt one or more commissioners to hold the election at each place of voting, and provide an adequate force to keep the peace during the election. [-e902095]

[-e902095]

Sec. 10. And be it further enacted, That the delegates shall be elected by the loyal male cit[-e902095]izens of the Unite[-e902095]d St[-e902095]ates of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the act of Congress of July two, eighteen hundred and sixty-two; and all citizens of the United States who are in the military or naval service of the United States shall vote at the headquarters of their respective commands, under such regulations as may be prescribed by the provisional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, State or confederate, under the rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligible to be elected as delegate at such election. [-e902095]

[-e902095]

Sec. 11. And be it further enacted, That the said commissioners, or either of them, shall hold the election in conformity with this act, and, so far as may be consistent therewith, shall proceed in the manner used in the State prior to the rebellion. The oath of allegiance shall be taken and subscribed on the poll-book by every voter in the form above prescribed, but every person known by or proved to the commissioners to have held or exercised any office, civil or military, State or confederate, under the rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed to have borne arms voluntarily unless he shall prove the contrary by the testimony of a qualified voter. The poll-book, showing the name and oath of each voter, shall be returned to the provisional governor by the commissioners of election or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected. [-e902095]

[-e902095]

Sec. 12. And be it further enacted, That the provisional governor shall, by proclamation, convene the delegates elected as aforesaid, at the capital of the State, on a day not more than three months after the election, giving at least thirty days' notice of such day. In case the said capital shall in his[-e902095] judgement be unfit, he [-e902095]shall in his proclama[-e902095]tion[-e902095] appoint another p[-e902095]lace. He shall preside [-e902095]over the deliberations of the [-e902095]convention, [-e902095]and administer to each de[-e902095]legate,[-e902095] before takin[-e902095]g his seat in the c[-e902095]on[-e902095]vention, the oath of allegiance to the United States in the fo[-e902095]rm herei[-e902095]nbefore prescribed. [-e902095]

[-e902095]

Sec. 13. And be it further enacted, That the convention shall declare, on behalf of the people of the State, their sub[-e902095]mission to th[-e902095]e Co[-e902095]nstitu[-e902095]tion and laws of the United States[-e902095], and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guarantee a [-e902095]republican form of government to every State, and incorporate them [-e902095]in the constitution o[-e902095]f the State, that is t[-e902095]o say: [-e902095]

[-e902095]

Fi[-e902095]rst. No person who has held or exercised any office, civil or [-e902095]military[-e902095], except offices merely ministerial [-e902095]and mili[-e902095]tary [-e902095]offices[-e902095] below[-e902095] th[-e902095]e grade of colo[-e902095]nel, S[-e902095]tate or confederate, under the usurp[-e902095]ing power, shall vo[-e902095]te for or be a member of the [-e902095]legislature or governor. [-e902095]

[-e902095]

Secon[-e902095]d.[-e902095] Involun[-e902095]tary servitude is f[-e902095]orever[-e902095] p[-e902095]rohibit[-e902095]ed, and the freedom of all [-e902095]pe[-e902095]rsons is guarant[-e902095]eed in [-e902095]said Stat[-e902095]e. [-e902095]

[-e902095]

Third. No debt, State or co[-e902095]nfedera[-e902095]te, cre[-e902095]ated by or under the sanct[-e902095]ion of the usurp[-e902095]ing power shall be recognized or paid by[-e902095] the State. [-e902095]

[-e902095]

Sec. 14. And be it fu[-e902095]rth[-e902095]er enacted, That when the convention [-e902095]shall have ado[-e902095]pt[-e902095]ed those provisions, it shall pro[-e902095]ceed [-e902095]to re-establ[-e902095]ish a republican form of go[-e902095]vernment,[-e902095] and ordain a constitution containing t[-e902095]hose provisions, which, when adopted, the convention shall by ordinance provide for s[-e902095]ubmitting to the people of the State entitled to vote under thi[-e902095]s law, at an election to be held in the manner pr[-e902095]escribed by the act for the election of delegates, but at a time and place named by the convention, at which election the said electors, and none other, shall vote directly for or against such constitution and form of State government. And the returns of said election shall be made to the provision[-e902095]al governor, who shall canvass the same in the presence of the electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent[-e902095] of Congress, by act or joint resolution, shall, by proclamation, recognize the government so established, and none other, as the constitution[-e902095]al government of the State; and from the date of such recognition, and not before, senators and representatives and electors for President and Vice-President may be elected in such State, according to the laws of the State and of the United States[-e902095]. [-e902095]

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Sec. 15. And be it further enacted, That if the convention shall refuse to re-establish the State government on the conditions aforesaid, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the State entitled to vote under this act, in number not less than a majority of those enrolled as aforesaid, are willing to re-establish a State government on the conditions aforesaid, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this act, and to proceed in all respects as in hereinbefore provided, either to dissolve the convention or to certify the State government re-established by it to the President. [-e902095]

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Decisions yet to be taken

  • Motion to Resume Consideration of H. R. 602 (introduced on 1865-02-06 12:00:00 - PROCEDURE - e902350)
    • Motion to Postpone Consideration of H. R. 602 for Two Weeks (introduced on 1865-02-06 12:00:00 - PROCEDURE - e902351)
  • Motion for the Regular Order of Business (introduced on 1865-02-08 12:00:00 - PROCEDURE - e903292)
  • Motion for the Previous Question (introduced on 1865-02-21 11:00:00 - PROCEDURE - e903047)

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