Norwalk Chronicler

Norwalk Gazette, Wednesday, May 30, 1821 · page 2

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CONNECTICUT LEGISLATURE.

The following an extract from the debate
which t'ook place on the llth and 15th inst. in the
House of Representatives," on the revision of the
‘-‘ Act for the due observance-of the Sabbath.’_]

May I 1. Mr. Swift remarked that some obso-
lete provisions of the old law which could not_be
executed had been left out, but that all which
were considered essential had been retained, that
the time spccilictl during which civil process
should be served was according to the decision of
the Supreme Court of Errors, viz. between the
rising and setting ofthe sun on the Lord’s day.‘

l‘v‘li'.Foote said he could hardly be satisfied with
the decision of the suprerne court as to wlizit
sliotrld be considered holy time, and that the Le-
gislature were not bound by it. The people of
ihis state he said would not be satisfied to see a
Sheriff‘ serving a Wt/ll ball up hottrbctore sun-risc
on Sunday morning.

-Mr. lngersoll said that he had reluctance to
discuss this question, for he felt as if he was tread-
ing on holy ground, which perhaps was not a
proper place for him. There ‘will, said he, be a
diflicttlty on this subject tal~;e_ it as you will. It
is d,f{‘,c,,p [0 say when holy time begins-some
5,-av at 12 o’t;lo<:l; on Saturday night, and others at
it difl7.:t'cnt time-—‘.t~'c should -squztre our laws by
the divine law’. Sonic (lt.‘t'it)mll)t'.‘ttl0llS hold that
there is no such thing as holy time. and he believ-
ed that John Calvin held this in a qttulljliutl scnsc.

Mr. .l0ll.'1‘.‘.0I't moved to crust: the words * front
gmmi.-gc to svttt-set,’ and insert the \‘voE‘tls ‘ from
l2 o’clock (.22 S.ttut'day night, till l2 on Lord's day
night.’ iftlr. Johnson said that it was more diffi-
cult to legislate upon this subject than upon tliosc
subjects which usually occurred-—whcre religion
or politics are concerned we-.:,tre not apt to new
,;_;.fm with uttprcjaitliccd minds. So far as the
Sg\i)l)fth is a rt-gligious reg),-ttlzttiriti it is not to be
it’:llCllt.“(l by US-—SO‘fL1l“£tSy‘i'l. is acivll regulation we
have 3 right. Ills opinion was that we should
make a law tleclaring one seventh part of time to
be, holy time. ‘.Vt: ought to establish a rule that
would satisfy tlic-opinions of all, and violate the
consciences of none. ’

M r. Br-.‘.lcr was in favor of the hill as reported
-—-llC='(llLl not think we were lcgisluting to decide
wli=.it was holy time. Every one had a right to
(lt.Ci(lC what was holy time. If the amendment
proposed was adopted, we were interfering with
the consciences of men. The people where he
resided did not considc:r Sunday evening as holy
timc——some opened their stores that evening and
did ordint-.ry business. The majority of the peo-
ple he believed were in favor of the present law :
under it they felt at liberty to do ordinary busi-
ness on Sunday evening. On Saturday evening
those persons could not conscientiously pursue
ordinary business. The amendment is in fact
compelling them to keep more than one seventh
part of the time, and he did not see why we should
‘compel those who keep Saturday evening to keep

. Sunday evening also.

 

‘laws had become obsolete.

lc,':ss---the same time should bejfor both.
‘may be persons who think some other day the

Mr. Foote said that he agrcetl with the gentle-
man front l’lym,outli—-it is not proper for the le-
gislature to say what is holy time, but it is prop-
er to say u hen civil process may be served.

Mr. llart said that he agreed with the gentle-
man from Cheshire. If we ucgislate at all we
otigl'tt not to go faflllitl‘ than to regulate civil pro-
cess. He had noticed the remark. of the gentle-
man from W'intlham, that many of the Sabbath
If, said Mr. ll. these
provi~:icns have gone out of tliemsclvcs they have
not distttt-hetl any body ; and if there are any
more S'..lCli let them die the same death.

Mr. Savage said iftltt-re was any law made on
the subject, we should regard every conscience;
and he knew not why we cuglit not to regard sev-
euth day llaptists and Q-takers. '

Mr. 'l'et'rv observed that he did not wish to
mal-ac any law that would infringe the right of
conscience. The reasons urged against the a-
mencltncnt went to prevent any regulations on the
subject. He was sensible that thcrewert: diffi-
culties attending the subject-—,-that there were

if some who considered the scventlt day the Sabbath,

and it might scent hard that they should be coin-
pellctl to keep two days. The gentleman from
Cheshire goes so far as to prohibit civil process
and nothing , else. He knew no dili'et-ence be-
tween kc-eping open a store and serving Civil pro-
There

Sabbatli—-on their principle you can do nothing
about it. V i
Mr. lngersoll said the more he heard this sub-

ject discussed the more he thought we had bet-

ter leave it where we found it. The habits oftht:
mass of the people are different from what they

are supposed to be by thejamendment. It so hap-

pened that he belonged to a denomination who us-
ually kept sabbath evening ;- and he should think
it a great liartlsliip to be compelled to keep Sun-
day ct-citing as holy time. Now to prosecute ev-
ery old woman who shalltalte tip her knitting
work S.ttttrday night would be hard. A man who
can conscientiously believe ' that‘ his Subbatll be-
gins on Saturday night would not have a writ scr-
ved on that night--so as on the othe:-hand, tliose
who believe their Sabbath begins Sunday morn.
ing, and ends Monday morning, would not dur-
ing thattime——it is just as hard in one-case as the
other. . ,

Mr. Johnson remarked that ifhe supposed we
were interfering with the conciences of men he
would take his hand from the subject. I say sir,
(said Mr. J.) without liesitation, that the decision
of the Supreme Court is in contradiction to the
ordinary, plain, unsettled, appr-.-lietision of men
who read the Statute. \Vbcn they readthe Sta-
tute they considered that one scram’/1 Dart oftime
was Italy tinzc. I am not disposed to speak disres-
pectful of the Court--but many were displeased
with their decision. The Sabbath to the Chris-
tian is valuable. 'let.§.vas originally established for
the 1‘.u"po.°.-es of civil society; and I have no doubt
but that object was as much in view cf the Sn-
preme Being as any other. For the Jews the
Sabbath was €Sl(1l)llSl'lL‘(l—ll was a day of rest-
they were prohibited from cooking their food, and
were to keep within their tents. The very incan-
ing of the word Szzbbat/i is rest. One year in sc-
ven was a year of rest for the land, to resuscitate
it, and on the seventh year they were required
not to till it. "I say if I thought we were interfer-
fering with the consciences of men I would not
touch the subject.-—It is a civil regulation, and
we t.tZ':-:: ;. Jain, rational, common sense view of

the subject. ‘We say that y'our ‘cattle and §*cur
servant shall rest on that day for the good of
community; and the Christian if hepleases may
then worship before the altar of his God. The

conscience of no person is abridged by this, and“

we have a right to say what will best conduct: to
the good of community. I do say that the good
sense of community trill accord with this regula-
tion-. According to the doctrines of some Gen-_
tlemen we have no right to say you shall not go
to the field to work with your cattle on the Lord’s
day, or tognake any regplation at all on the sub-
'ect. ' V ‘

Mr. Butler said that some remarks of the gen-
tleman from Hartford he felt it his duty to answer.
My experience, said Mr. 13. difl'ers from his. He
says that the decision of the Supreme Court was
contrary to law and plain common sense-—.-my ex-
perience is the contrary of all this. \Vhere Hire
the practice is in conformity with that decision ;
and it has there been the practice of the people
to pursue their ordinary business on Sunday even-
inrr. The practice of the people has been accor-
ding to the Statutc—and the conclusion is evident
to my mind that plain people have understood the
subject as the Court did. \Vc have nothing to do
with the consciences of men—thcy are not to be
abridged. But if you pass this amendment yo_ti
compel those who keep Saturday night to keep
Sunday night also. \\'hy make at statute to coni-
pel those to keep more than one seventh part of
the time? This is making ti distinction between

llottr citizes which we have no right to make. I do

not claim that you bind the consciences of men,
but you do not treat them alike. I cannot see why
people should be allowed to pursue ordinary busi-
ness and yet. restrained from civil process.

Mr. Savage said that he dill‘.-red from his col-
league about its not being a matter of conscience
-—it may no: he the case with him, but. it is with
me—it is the case with the seventh day Baptists.
Tltcy think that the bible fixes the seventh day
as the Sabbath--that commandment which says
the seventh day is the sabbath says six days shalt
thou labour-.

Mr. Abel Goodwin said that the subject had oc-
ciupicd his tltougliis for many ycars—-he had been
brought up to keep Saturday night, but was now
CO‘.l't‘lllCC(l it was wrong: Mr. C. said that there
could be at proviso at the end of the bill for those
who were conscientious on the subject, such as
seventh day aptist and Quakers. Many who
pretend to keep Saturday night do not. I coin-
nienct: my Sabbath at 12 o'clock on Saturday
night and end it at 12 o’clock on Sunday night. I
have often done business and stopped to do busi-
ness, tritli those who kept Saturday night, and
found them as much engaged in business then as
at any other time. I am willing that every man’s
conscience should be consulted. ‘Va have peo-
ple in our vicinity who would do business at all
times and on all days. I wish the amendment
may be inserted.

On motion the bill was postponed.

May 15. The bill for the due observance of
the I.ord’s day was again called up; the amend-
ment proposed by Mr. Johnson being under con-
sideration :

Mr. Swift rcmarked,that in all christian coun-
tries a diversity of opinion had arisen as to what
was holy time and the manner of keeping it. In
Roman Catholic countries they think all days
should be kept alike. I have oti [tic Sabbath seen
people at Lisbon and Madrid in church with tho
most apparent devotion, and outside ofit all kinds
of amusements were going on. This is also the
case in some Protestant countries. At General
was told that no time was considered holy bit
when they were cngttgctl in public worship. I
have been told that John Calvin would, after di-
vine service, take his gun and indulge in hunting
on that day. I do not mention these things. for
the purpose of approbating them or condemning
our own practice. Some think we should keep
Sunday and some Saturday as holy time. These
niay be all sincere. But cliristiaus usually agree
that the time from the rising to the setting ofthe
sun is to be kept holy ; and to provide by law for
this is no lIlfrll‘t;_;'.'tIft:nt of their rights. \-Ve are
justified only in making a civil regulation on this
subject ; and we shall ttgt‘ce that in a political
poiutof view this is proper. If we prohibit la-
bor dtiriug this time the laws will operate differ-
ently on clifilzretit classes of citizens. The man
who keeps Saturday night will be placed on the
same footing as the one who keeps Sunday night.
lfwc adopt the time that all agreeto keep we shall
‘hurt theconscience of no man. I am aware that
it will be said that one stventh part of the time
ought to be kept holy ; butifa man says he ought
to keep Saturd-.iyIe'veniug holy, this law does not
prevent him, and the same with regard to ‘him
who keeps Sunday evening. VVith regard to
‘Sabbattarians, it is reasonable if they refrain from
work on Saturday, that they should be at liberty
to work on Sunday.- This will place them on the
same footing with other sects. Some gentlemen
think the law should be left as it is, but you should
inake it as definite as possible.‘ W'ith regard
to the service of writs, the legislature have the
power to restrain civil process, and this violates
no man’s conscience.

Mr. Johnson then varied hisamendment so as
to erase ‘ between the rising -and the setting of
the sun,’ which was adopted 85 to 47—the effect
of this is to leave the law repecting holy time as
it now is. ..

Mr. Johnson then moved to erase the same
words in the next section which limits the time
during whicli civil process is restminetl. Mr.
Butler thought this was leaving it very inslefinite,
and he had rather extend the time to 48 hours, if
it was definitely fixed, than to leave: it so. The
decision. ofthe supreme court does not apply to
this statute-—-—that decision was founded on the
whole law taken lOg€tl‘l::‘—'-llltt court may be
of a difl'erent opinion on this statute. I should
think we were passing an act to make law suits-—
I do not mean by this that any gentleman has this
object in view. -

Mr. Johnson then varied his motion so as to in-
sert ‘ between l2 o’clock on Saturday night, and
12 o’clock on Sunday night.’ This was adopted.

Mr. Swift then offered the following aniend-
merit to be added as a new section, - no person
who conscientiously believes that the seventh day
ofthc week ought to be observed as the Sabbath,
and actually refrains from secular business and la-
bor on that day shall be liable to the penalties of
this act for performing secular business or labor

on the Lo'.'d’s day, or first day of the week, pro-

viclecl he disturbs no other person while attending
the duties of public worship.’

Tliis amendment was advocated by the mover
and Messrs. Terry, Abel Goodwin, Brown, Inger-
soll and Foot, who tonteiitletl that they were en-
titled to this provision by the Constitution which
places all religious sects upon an equal footing-—
thatit was reasonable and proper, and that there
was a considerable number of this class in the
eastern part of the State: and was opposed by
Messrs. Vt/ood, S. Griswold and Hart.

Mr. Vi/ood said he thought if this was adopted
we might as well say that any man may perform
any kind of labor on the Sabbath. .It is opening a
door for any man to violate that day. I-Vc have
pl‘aCllSt::(l a long time under the old law, and have
not heard of any class of consciences that were
violated by it. It ;ippc'ars to me that ttntil we
have application from a body of man whose con-
sciences are aggrieved by it, that it is idle to make
such a provision. This is making a provision
which 1 hope the enlightened State of(‘-onnecti-
cut it ill not adopt. The class for whom this is in-
tended are now a very small number ; but bcf-)t‘c
this prosisiott has been in operation one year, it
will include a great part of the inhabitants of this
State : I think it altogether unnecessary and im-
proper, and we may just as well say that every
man may labour on the Sabbath.

f\Jt'.(.ill$\\’0l(l observed that after all which had
been said on this subject, he still remained uncon-
vincctl of the propriety, or necessity of passing
this ‘dtnt.‘ll(ltl‘lt:IlE5 he thought it would open a door
which would introduce confusion and every exit
work on the Sabbatli-4-lie would by no means wish
to infringe the rights of conscience of any man,
or any class of men-there are but few of this dis-
cripiion of religious professors in this state, and
there is no evidence before us, that they ever wish
a law of this kind to be made. This question
came directly before the Legislature a few years
ago", and although a similar provision to this, was
then proposed, and advocated by some gentlemen
of great influence and talents iii the Assembly, it
was after a full and lengthy discussion negatived
by an almost unanimous vote. He could not see
how the law as it now stands could be said to af-
fect the rights ofcon:-science of these people, they
are not prohibited from observing the seventh day
of the week as the Sabbath. or molested in their
devotions on that day. The law now under con-
sideration regarding the observation oftlie sabbath
or Lord’s day, is a general law requiring the due
observation of this day by all classes and denomin-
ations of men in this community, believing, as we
all profess to believe, that this ought to be kept
as holy time founded on the word of God. And
sir ought we not to be cautions, that while we are
called upon to extend our charity, and attempt to
respect the consciences of others, we do not show
too little regard for our own. Should this amend-
ment take place, travelling, ganibling and amuse-
ments of any kind may be expected to be seen on
the sabbath. He could see no necessity for the a-
inendmciit, and should vote against it.

Mr. lngersoll could not see much objection to
passing this umendtncnt if there were any consid-
erable numbers who claimed its protection. They
have laid their case before its six or seven years
since but they obtained no relief. The period
has now arrived when all denominations are to
.-.ttjn_v their rights, and if it was not proper to
grant it then it now is. There are some gentle-
men in this House who tell us there are many
persons ofthis sect in the state who wish for this
privilc-gt. and they are said to be pious and e:~:cr’n-
plary §-r-r-plc. ,

Mr. l-tart. I am opposed to this amendment,
and to all the amt.-ndnients which have been made,
and I am opposed to the report of the committee.
W'e have no right to legislate at all on this sub-

ject. The sabbath is instituted by the divine law,
and it ncedsnolaws ofours to support it--we have
nothing to do withit.-—Amendment adopted 139
in ailirniative. The bill was then accepted.

May It}. The committee to whom the petition
of Samuel Spencer and others (pensioners) was
referred, reported a bill allowing poor debtors,
who are pensioners, to take the poor man’s oath,
although a part oftlieir pension may be due.

Mr. Griswold laid in a bill for a public act to
repeal certain parts of an act respecting the as-
sessment and collection of taxes, which wasonce
read. ._

The committee on the petition of J. H. Tom-
linson, Sac. t'epo:’te(l that the town of Stratford be
divided, and tho’ the new town he called Bridge-
port, each to be entitled to one i‘eprcsc:ntativc.--
Accepted.

May 17. An act to repeal an act for prohibit-
ing the selling of spirituous liquors witho_ut li-
cense, was read second time. _»

l‘vlr. Beers said he hoped the gentleman who
introduced the bill would have stated some rea-
sons for the repeal of the act, but he had not.----
He was opposed to_ the repeal and thought that
the act had a very salutary effect, by confining
the sale of spirituous liquors to regular merchants
and giving to the revenue of the state from 4 to
$5000 annually—if this was tepealedwc must
raise this money in some other way-—and there
was no easier way to collect a revenue than this.

An act rcgtilatingjails and jailors was passed.

M r. llart introduced a bill for a public act, the
object of which was to repeal the 15th section of
the Tax law, which eicetnpts the property of
ministers ofthe gospel (to a limited amount) from
taxation. Once read.

May 13. The petition of Joseph Millsjr. who
had been convicted for passing a counterfeit bill,
praying to be relieved from his punishment, was
referred to a committee.

The bill for repealing so much of the act for
the assessment of taxes, as provides for appoint-
ing ‘d. board of commissioners to equalize the val-
uation, was read a second time.

Mr. Griswold stated his reasons for introdu-
cing the bill--which were that the commissioners

had added to the list of nearly all the towns, and
that in so doing they had exceeded the powers
which were given them by the act. That on the
same principle they might add any amount they
pleased—-that after the present year the Treasu-
rcr and Comptroller were to exercise this power,
and that it ought not to be trusted in the hands of
any men. That the assessors were much better
qualified tojudge oftlie true value ofproperty in
their respective towns--that it occasioned great
delay to towns who wished to lay taxes, because
2 the commissioners did not equalize the valuation

 

I
.

till Marcli at Aipril--'-tliat éitfiijeared the cam;
inissioncrs had added $214,000 to the valuations
of the assessors the present year; and mm in
one instance they had valued the assessments oti
professional nuen and mechanics lUO per gem,

Mr. Ingersollitliuuglit the commissioners had
done right and as they were authorized to do.-....
That without an equalization no state tax could be
properly levicd—-and it was no matter respecting
ft tmtn tax ifit was only equal among the inhab-
itants of such tovtns—-the board met in March,
and a town ifthcy pleased could lay a tax pt-eyi-
0ttSl_V on their own list—-this could not be a real
difficulty. The last valuation, as equalized hr
the commissioners, it was supposed woula be 1h},
basis of the valuations for several years to come.
Such had been the case with the United smug
valuation when their direct tax was laid. Our
state was not so large but that any of mg cOm_
tnissioncrs would be well acquainted with the val-
ue of property in different parts of in, mm] cc,.,.din_
l_t-' within their own counties. Dillerent scales of
valuation might be adopted in t2itl'ercr.t towns bv
very honest men. He thought that rm, mm, 0',‘
information must be well acquainted with all parts
of the state, and therefore qualified to be the
board of equalization hereafter. If any man was
to look at the list, the necessity for such a board
would be apparent. Some very wealthy towns
had undervalued their property and left ottt all
‘hell’ m‘m‘3Y 0“ interest--lie hoped that if we
found some inconveniences arising from the pre.
sent law, that we should not so soon repeal what
he considered to be one of its vital principles.--
Postponetl.

An Act repealing the 15th section ofthc Tax
law was read a second time.

Mr. Hart said that he introduced the bill im-
pressetl with a full belief that it was wrong in
principle, and inexpedieiit to continue it in prac-
tice any longer; that it was enacted in cousc.
quence of the antiquated and obsolete practice
of legislatitig for the support of the gospel am}
the gt-spt-l mittistry, and was in violation of the
Constitution.

Mr. l’addock said that no gentleman who knew
him would think him hostile to the clergy. Vvc
were sometimes told that written coifl-.111u,i0,,5
were no better than unwritten onus-—and we hat]
passed a law directly in the teeth of our constitu-
tion. Ilc was in favor‘ oftlie bill.

May 21. The petition of the agents of the
Trustees of the l“Ol‘ClgIl Mission School at Corn-
wall, pr-.-i_virig' that the polls of the instructors atid
students may be exempted from taxation, was re-
ferred to a select committee.

Some time was spent on the proposition to re-
peal thirt part ofthc Tax Law which provides for
3?l’°m'*‘“.'s" C°““l')’ Cttmmissioners to equalize th:
assesstnctits in the diflerent parts of the state......

‘This proposition was advocated principally by the

enemies of the new system of taxation.
bill was finally laid on the table.

Ati act to repeal the act requiring retailers of
Splrltoutf liquors to pay a license duty, was read
a lltlttl time, and Il€g'3tllt'(:d,

' 1.1 - .

mr. Paddock said he had seen and been ac-
quainted with its operatio::_-t§vi¢~i-._~ t-,9,-9“ at 1335,
ll”! SW3 5h0P-‘S In the lD\‘-*2) wlterc he resitlcd-—-
 “'1” (S9-id -f"-‘I2 I-’-) 8:! 5 Jenni‘: ctlul igu at it,
and break by the time they get 10 dollars. V’ *

T be

.u k
made any alteration in the law 1 would im,-reuse
it to 50 dollars.

Mr. Ingersoll introciuceti a bill for a public art
relative to the collection of taxes, -,yl~.ich -;.-;,g g;,,-__.;,
read.

Front :'/-‘E Corfcsfzovgdcrzt qftf}: ..Vc-w-I'}i'1'31',v;Rg..
.S’i'*“‘-”‘- }iAit'i'i~‘oiti>, 'iVl.tr 21-.
Most of the County bills have passerl, and the

committee of revision are nearly through with
their rtrports, so that the ptol)-ability is, that the
legislature will adjourn by the close of tie:-tt week.
Mr. l‘lart’s bill which goes to repeal so much of
the tax law as exempts property of the Cl(:l'_t_);j,' !O
the amount of E,:2,500 from taxation, was discus-
Scd yeslctday. it was advocated at considerable
length by . lessrs. Hart, Lord, '1‘:-cmamj liadggr,
and opposed by Messrs. Church, Foot, Johnson.
and \-Vood ; on taking the question the bill was
lost. Mr. Johnson _vcstertiay i1m~o¢]u¢.;e¢] a bill to
abolish imprisonment for debt, on executions is-
sued by Justices of the Peace, which passed to a
second reading. On motion of Mr. liloot, the
Comptroller was required to inform the House
whether any of the Banks in which the state has
invested funds, had made any returns to him, pur-
suant to the 2d section of * An act to provide for
subscribing the monies of this state to the banl-zsi
within the state.’ Yesterday was the day appoin-
ted for electing a Comptroller for the ensuing
year; the whole number of votes was 156, of
which James Tltumas, "Esq, bad 13.1,, and was dc.
Clafcd I0 be Clloscni - A good deal of discussion
was had to day onthe proposition totax property
which "had been formerly appropriated to rcliai
gious uses, but since leased by the grantees on‘
leases of 999 years, with‘ a nominal rent. It was
contended that these leases were a fraud upon the

law, ‘and that they ought to be considered as a

sale. It seems that a very cottsiderable property

in the state, was originally appropriated to these
pious uses, and exempted from taxation by the‘

Legislatures ; and the holders have held the land

exempt from taxes. because they were lessees,

and not purchasers from the religious societies
to whom the same was first granted. The house
have voted that all such lands shall hereafter be
assessed and taxed the same as other property.
———aun-:'.:— =.::-6229-12'--:1:-can-——

Bosrox, -May 19.

Hig/1-way Robbcry.—-Last evening at 20 minutes
past 10 o’clock, as a gentleman of this town was.
passing home through Bowdoin-square, he was.
assaulted by two foot pads, who by their speech.
were foreigners, one of whom seizing him by the
collar of his coat, and at the same time present.-
ing a pistol to his breast, demanded his money...
upon his answering that he had none, the other
seized his watch chain, cried ‘gz'~.;e us your ‘word:
t/Ian’---A struggle ensued, and one ofthe rulli-ans
succeeded in obtaining his watch and made oil’,
while the other aiming a pistol at him, retreated
though Chardon’s Lane, threatening the gentle-
man with death ifhc pursucd him. '

‘VASHING.'l‘ON, N C. May 11.
Corn--—'l'his indespensible article hasnearly dis-
appeared; there is at this time,but little in market
for sale, and is selling at three dollars per barrel,
and going offquick at that price.

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in

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