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The Real Cause of the Civil War

The Real Cause of the Civil War

The Washington Peace Conference of early February 1861 was held in a city already involved in a military build-up caused by frenzied Republican editors and politicians. The Conference’s chairman, former President John Tyler described “an atmosphere where lunacy . . . prevails.” Those from the Southern States who understood the founders’ aversion to standing armies, resented the constant parading of US troops through the streets while regarding them as “a menace and a threat on the part of the North.”

The military buildup in a time of peace was fueled by Joseph Medill’s Chicago Tribune’s scare tactic of a supposed Southern army converging on Washington. The editor proclaimed himself a “volunteer sentinel on the walls.” Illinois congressman Elihu Washburne again advised Lincoln of “a widespread and powerful conspiracy,” which was in truth Americans in the South working together to form a more perfect union.

Vermont delegates to the recent Republican Convention were in town to oppose all concession to the South’s requests as a surrender of principle which would demoralize and destroy the polyglot Republican party – in other words, party over peace. Local newspapers excitedly reported rumors of secessionists poisoning army horses while Republican Radicals took delight in knowing that “grinning artillery” was ready “to rattle grape, if necessary.” Medill’s newspaper thought this a “charming medicine” for the disease called treason.” The New York Tribune wrote that “the only Peace Conference that we want is the one now assembled in Washington under General Scott.”

Treason, of course, is specifically and unmistakably defined in Article III, Section 3 of the US Constitution as waging war against “them” – the individual States.

(Old Gentleman’s Convention: The Washington Peace Conference of 1861. Robert Gray Gunderson, University of Wisconsin Press. 1961)

 

 

No Troops from North Carolina

In mid-April 1861, President Abraham Lincoln himself raised an army – which only Congress may accomplish – for the purpose of waging war against South Carolina. The United States Constitution, Article III, Section 3 states that “Treason against the United States shall consist only in levying war against them, or in adhering to their Enemies, giving the Aid and Comfort.” Lincoln had sworn to defend and uphold the Constitution, a document better understood by the North Carolina governor.

No Troops from North Carolina

“Mr. Lincoln took his seat as President on March 4, 1861. He did not receive an electoral vote in any Southern State and out of a popular vote of 2,804,560 only 1,857,610 were cast for those electors favorable to him. He carried but 16 of the 33 States then in the Union. He was inaugurated as president without having received a majority of the popular vote either of the States or the people.

An attempt by President Lincoln to reinforce the US garrison at Fort Sumter in the harbor of Charleston, South Carolina, was resisted by the Confederate forces under General Beauregard, and on April 14, 1861, after a bombardment lasting thirty-six hours, the fort surrendered.

On the next day, April 15, President Lincoln issued his proclamation calling on the several States to finish their quota of 75,000 troops “to suppress combinations too powerful for the law to contend with.”  The same day, Secretary of War Simon Cameron of Pennsylvania, telegraphed North Carolina Governor John W. Ellis: “Call made on you tonight for two regiments of militia for immediate service.”

Reclining on his couch in the executive office, a mortal disease robbing him of his life’s blood, Governor Ellis received the dispatch and at one replied:

“Sir: I regard the levy of troops made by the Administration for the purpose of subjecting the States of the South, as in violation of the Constitution and a gross usurpation of power. I can be no party to this wicked war upon the liberties of a free people. You can get no troops from North Carolina.”

Governor Ellis at once issued his proclamation calling the Legislature to meet in special session. On its assembling, the Legislature issued a call for a convention of the people and authorize the enrollment of 20,000 volunteers.”

(An Address on the Services of General Matt W. Ransom, William H.S. Burgwyn, delivered in the North Carolina Senate Chamber before the Ladies Memorial Association and citizens, May 10, 1906)

The Choice Between War and Peace

Lincoln was without question a sharp Whig attorney who knew the intricacies of Illinois politics. On the national stage he led a conglomeration of former Whigs, anti-Catholic Know Nothings, radical abolitionists, free-soilers, Transcendentalists and tariff protectionists who valued their own interests above all. As stated in the second paragraph below he knew that his political support from this rainbow of varied interests and controlled by Radicals, would fall apart should any compromise to save the Union be embraced. He placed his party above his country.

His predecessor James Buchanan was not a supporter of secession but aware that a president waging war against a State was committing treason – Article III, Section 3 of the US Constitution. His attorney-general confirmed this. A president could not raise an army – only Congress could do this – Lincoln circumvented the Constitution with Republican governors sending him their own State troops until Congress met in July. By that time congressmen were aware that they faced arbitrary arrest for “treason” should they oppose Lincoln’s actions.

The Choice Between War and Peace

 “Lincoln’s cabinet was almost equally divided between Conservatives and Radicals. The Radicals favored an immediate attempt to resupply Fort Sumter even should this precipitate war. These men thought the new Confederacy would crumble upon the first show of force, because a small junta had caused all the trouble, and the Southern people would have no heart in a conspirators’ war.

The Conservatives believed that given peace and adequate time, the Union could be reconstituted. Would it not be better to withdraw the small garrisons from forts to so as to prevent immediate hostilities and secure the Border States to the Union? Seward knew there were no military reasons for keeping Sumter and had no doubt that it would soon be evacuated. On March 7, Lincoln told a caller that if Sumter were abandoned, he would have to leave the White House the same day.

On March 12 1861 Stephen Douglas began a debate designed to force the Radical Republicans either the accept or attack Lincoln’s peace policy as stated in his inauguration speech.

He reviewed at length the legal status of federal authority in the South. As the laws stood, the Executive could not use the army and the navy to enforce the law in the Southern States. What would be involved in the use of force? He had secured estimates from competent military authorities as to the troop requirements in the event of war. At least 285,000 men would be needed to compel submission and it would cost at least $316,000,000 to keep them in the field for a year. How could eighteen States ever pay the cost of subjugating fifteen?

The Republicans sat silent as he talked, smiling contemptuously. When he finished, Henry Wilson of Massachusetts, attacked him as the country’s outstanding alarmist. Douglas lost his temper and taunted the Republican Radicals with desiring the Union dissolved. The Republicans were unyielding, the few Northern Democrats were impotent but the galleries applauded wildly.”

(The Eve of Conflict: Stephen A. Douglas and the Needless War, George Fort Milton, Houghton, Mifflin Company, 1934, pp. 548-551)

A Civil War in the North?

Connecticut’s Hartford Times of November 7, 1860, after referring to the danger that the Southern States would “form a separate confederacy, and retire peaceably from the Union,” proceeds to say “If they do decide and act, it will be useless to attempt any coercive measures to keep them within the voluntary co-partnership of States . . . We can never force sovereign States to remain in the Union when they desire to go out, without bringing upon our country the shocking evils of civil war, under which the Republic could not, of course, long exist.”

The misunderstanding of “treason” is noted in the text below, but its actual definition is found in Article II, Section 3 of the United States Constitution: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” It is clear then, whoever waged war upon the several seceding States (them) was guilty of treason. Outgoing President James Buchanan understood this and admitted no authority to wage war against a State, as did his Attorney-General.

A Civil War in the North?

“Prominent supporters of Mr. Lincoln asserted that “secession is treason, and must be treated by the government as treason,” and that “the government has the right and the power to compel obedience.” A considerable number of Republicans, while they emphatically denied the right of secession, questioned the policy of forcibly preventing it. They held, that, if an undoubted majority of the adult population of any State deliberately pronounced for separation, the rest of the States, though they might legally compel that State to remain, would do better to assemble in national convention, and acquiesce in her departure from the Union. Withdrawal under these sanctions is the only secession ever deemed valid or permissible by any number of the supporters of Mr. Lincoln. Many who had voted against him also concurred in this view.

Some of the opponents of the President-elect denied the right of secession, but claimed there was no constitutional remedy against it. The greater part held that the recusant States were theoretically if not practically right; that the United States was simply a confederation of sovereign States, any one of which possessed a constitutional right to withdraw whenever it should consider the arrangement no longer profitable. They deemed an attempt to coerce a State, in order to vindicate the supreme authority of the Federal Government and to preserve the territorial integrity of the Union, to be both illegal and useless.

The opponents of Mr. Lincoln . . . asserted that the Southern people had abundant provocation for their . . . conduct. They . . . declared that the conservatives of the North would never consent to coercion; adding the not infrequent menace, that, “if war is to be waged, that war will be fought in the North.”

(History of Connecticut During the War of 1861-1865; W.A. Croffut and John M. Morris, Ledyard Bill Publisher, 1869, pp. 30-32)

Subjugated Hostile and Belligerent Enemies

The idea of some States using military force to coerce another into remaining in the political union against its will, and ”reconstructing” if it dared exercise independence, would have bewildered the Founders. The Tenth Amendment itself, inserted for the express purpose of stating that any authority or power not specifically delineated in the Constitution as a power of the federal government, was reserved to the States.

Fielding its first presidential candidate in 1854, it required only 6 years for the new Republican party to drive one State out of the Union, and one month more for several others to depart as well. Its first presidential candidate gained victory through a plurality of 39% and more votes cast against rather than for him. Thus installed in the White House, this new President waged war upon the States, which is treason as defined in Article III, Section 3 of the Constitution he was sworn to uphold.

Subjugated Hostile and Belligerent Enemies

“In April, 1862, [Michigan] Congressman Fernando Beaman claimed that as a consequence of rebellion a Southern State “ceased to be a member of the Union . . . as a State.” Therefore, Beaman reasoned, Congress must establish a provisional or territorial government in each of the seceding States, before it could again exercise full power. One of the first to take “an advanced and correct position on the question of reconstruction,” Beaman was congratulated by Charles Sumner for his views.

Because of its emphasis on the presidential role in Reconstruction, Lincoln’s 10% plan inspired scant respect among Michigan congressmen. John Longyear claimed that . . . only Congress had the authority to admit new States. The Southerners, stated Longyear, should be treated as subjugated enemies. Until a majority became loyal, [Senator Jacob] Howard advocated keeping the South out of the Union and in “tutelage” up to twenty years.” Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress. “Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?”

[Senator Zachariah Chandler growled], “a secessionist traitor is beneath a Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

[Like other Radicals who disliked Lincoln], Senator Chandler reacted [to his death] in a calculating manner. “I believe that the Almighty continued Mr. Lincoln in office as long as he was useful . . .” Had Lincoln’s policy been carried out, he believed that Jefferson Davis and his followers would be back in the Senate; “but now, gloated the Senator, “their chance to stretch hemp [is] better than for the Senate . . .”

Radical Republican Motivation: A Case History, George M. Blackburn, Journal of Negro History, Vol. LIV, No. 2, April 1969, pp. 111-113)

Radical Republican Motivation

Lincoln’s predecessor, James Buchanan, admitted that he had no authority to wage war against States and understood that action as treason.

As “treason” is mentioned often in Radical literature, it is important to understand the constitutional definition of this as defined in Article III, Section 3 of the United States Constitution:

“Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” And “secession” is what is celebrated in the United States every Fourth of July.

Having militarily destroyed the American South’s political and economic strength as well as causing a million deaths in the process, the Republican party was determined to maintain political hegemony and turn the South into an economic colony.

Once the South was defeated and occupied, Republicans created a solid bloc of black voters to politically dominate the South.

Radical Republican Motivation

“Although the South lost the war, the “slave power” did not give up but continued the struggle in a different form. Recognizing the continuing and persistent menace, Michigan’s Governor Henry Crapo, warned in 1866: “It is not slavery, but the spirit which seeks to make slavery the corner stone of the empire, that we now have to guard against – that element of hatred to freedom and equality that instituted the conflict . . . That spirit is neither dead nor sleeping . . . Having failed so utterly in the resort to force, it will but recuperate its energies for a more insidious attack in a different method of warfare. “

However incomplete or inaccurate they might be, such views were to constitute the bases of the Radical Republican program for a decade after the Civil War. The identification of the Republican party with the promotion of freedom and democracy against “slave power” and “aristocracy” gave the Republicans a messianic sense of destiny.

Republican identification of the Democratic party with slavery and treason made Republican control of the national government a patriotic necessity. Further, Republicans viewed the struggle as occurring between ageless, eternal principles – “slave power” and “aristocracy” were resilient, crafty, and powerful.

Far reaching and drastic measures were necessary to extirpate their roots. The Republicans willingly accepted the appellation of “Radical” . . . [and] had developed much of their program long before Lee’s surrender at Appomattox.

The Southerners, stated [Michigan Congressman] John Longyear should be treated as subjugated enemies.

[US] Senator Jacob Howard [of Michigan] . . . wanted a genuine loyalty in the South as the basis for readmission to the Union. “The people of the North,” he prophesied, “are not such fools as to fight through such a war as this, to spend so vast an amount of treasure, as they must necessarily spend in bringing it to a successful termination – that they are not such fools as to sacrifice a hundred and fifty or two hundred thousand lives in putting down this rebellion, and then turn around and say to the traitors, “All you have to do is to come back into the councils of the nation and take an oath that henceforth you will be true to the Government.” Sir, it would be simple imbecility, folly . . .”

Until a majority became loyal [to the North], Howard advocated keeping [the South] out of the Union and in “tutelage” up to twenty years. Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress.

“Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?” “A secession traitor,” Senator [Zachariah] Chandler growled, “is beneath a loyal Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

(Radical Republican Motivation, George M. Blackburn, Journal of Negro History, Volume LIV, Number 2, April 1969, Carter G. Woodson, editor, excerpts pp. 110-112)

Exercising All the War Powers of Congress

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

Targeting Key West Civilians

The State of Florida withdrew from the Union on January 10, 1861 – three days afterward a US Army captain moved his troops into the nearly-complete Fort Zachary Taylor at Key West, a fortress built specifically to protect the city and State from invasion.

Though then-President James Buchanan admitted no authority to wage war against a State — which was the very definition of treason in Article III, Section 3 – his actions with regard to reinforcing US forts were viewed as hostile and intended to precipitate a conflict.

The economic reality of an industrial North seeking protectionist tariffs and an agricultural South seeking the opposite would eventually lead to separation. A local newspaper had editorialized its concern over Northern sectionalism in 1832 during the heat of the discussion over the National Tariff Act of that year. It read:

“We have always thought that the value of the union consisted in affording equal rights and equal protection to every citizen; when, therefore, its objects are so perverted as to become a means of impoverishment to one section, whilst it aggrandizes another, when it becomes necessary to sacrifice one portion of the States for the good of the rest, the Union has lost its value to us; and we are bound, by a recurrence to first principles, to maintain our rights and defend our lives and property.”

Targeting Key West Civilians

“Construction of Fort [Zachary] Taylor [at Key West] was nearly complete when Florida seceded from the Union. On the night of January 13, 1861, Capt. [John] Brannan marched his [44] men from the barracks to Fort Taylor – taking possession of the fort while the city slept.

While the majority of the citizenry was for the Confederacy, there were some Union supporters on the island. Throughout the war, pro-Union supporters, white and black, tattled on the doings of their pro-Confederate neighbors, but island life in general remained calm.

One incident in February 1863, however, united all the residents against the Union army. The commander of the fort was ordered to round up “all persons who have husbands, brothers or sons in Rebel employment, and all other persons who have at any time declined to take the oath of allegiance, or who have uttered a single disloyal word, in order that they may all be placed within the Rebel lines.”

Six hundred citizens, including some staunch Union supporters whose sons had joined the Confederate army, fell into these categories. They were ordered to pack up and board ships that would take them to Hilton Head, S.C. According to one citizen:

“. . . The town has been in the utmost state of excitement. Men sacrificing their property, selling off their all, getting ready to be shipped off; women and children crying at the thought of being sent off among the Rebels. It was impossible for any good citizen to remain quiet and unconcerned at such a time.”

At the last moment, orders arrived superseding the operation. The protests of the “good citizens” had been heard.”

(Key West, Images of the Past, Joan & Wright Langley, Belland & Swift Publishers, 1982, excerpts pp. 20-21)

“High in the Confidence and Employ of the Party in Power”

With the deaths of Calhoun, Clay and Webster, it is said that the spirit of the Union died as well. For the rising class of Northern abolitionists, the legalities did not matter. Those like Theodore Parker linked antislavery actions with the “law of God,” and declared the Constitution not morally binding. Outside the small numbers of fanatical abolitionists were the many, North and South, who thought of African slavery – in truth a relic of the British colonial labor system – as an institution that would collapse with changes in time. The disunionist abolitionists, together with the new and purely sectional Republican party, lost no time in fomenting war with the American South and ending the Founders’ republic.

High in the Confidence and Employ of the Party in Power

“Let us enquire about the whereabouts and status of some of the leading Abolitionists.” Where is Senator [Benjamin] Wade, who declared there was no Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator [John P.] Hale, who in 1850 introduced resolutions for a dissolution of the Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator Charles Sumner who said at Worcester, the 7th of September 1854, that it was the duty of the people to resist a law even after it was decided constitutional by the highest Federal Court? [He] is in the United States Senate, re-elected as one of the President’s constitutional advisers.

Where is Mr. [William] Seward, the author if the “Irrepressible Conflict,” and who voted to receive a petition for Dissolution of the Union, in 1848? In Mr. Lincoln’s Cabinet.

Where to-day do you find the man who declared that any people had the right to revolutionize their Government and establish another – who pronounced the Mexican war a wicked war, and declared that this Union could “not exist half free and half slave,” and bestows the blessings of his power on those who have for over a quarter of a century denounced the Government of our fathers? Acting as President of the United States.

Where to-day is Thaddeus Stevens, who scouted the idea that he obeyed his oath to support the Constitution, in voting to dismember Virginia? Chairman of the most important committee in the American House of Representatives.

Where to-day is [Nathaniel] P. Banks, whose easy loyalty would “let the Union slide?” A Major-General in the loyal army.

Where have you found Anson Burlingame, the Abolitionist who declared for a new Constitution, a new Bible – a new God – in short, a new deal all around? Appointed by Mr. Lincoln to drink tea and eat ornamental mince pies in the Celestial Empire.

Where do you find Joshua R. Giddings, who in 1848 introduced a petition for the dissolution of the Union? As Mr. Lincoln’s Consul to the Canadas.

Where do you find Hannibal Hamlin, the Vice President of the United States? Leaving the presiding officer’s chair to welcome Wendell Phillips upon the floor of the Senate, a courtesy rarely accorded to any civilian.

Where to-day do you find Horace Greeley, the man who stigmatized the American flag as a “flaunting lie” and cried “tear it down?” As the editor of THE leading Republican paper in America.

Where is now Wm. Lloyd Garrison, who pronounced the Constitution “a covenant with death, an agreement with hell?” You will find him feted by Republicans, and addressing the “loyal Union” meetings.

Thus we might go on ad infinitum, and show that each and every one we have quoted “disloyal,” “disunion,” and “treasonable” sentiments, are now high in the confidence and employ of the party in power.”

(The Power and Influence of Abolitionists, The Logic of History, Five Hundred Political Texts, Chapter XIX, Stephen D. Carpenter, 1864, S.D. Carpenter, Publisher, excerpts pp. 106-107)

“It Was Lincoln Who Made War”

The author quoted below, US Navy Captain and Virginia-native Russell Quynn, was a veteran of both World Wars and a member of the Virginia bar since 1941. He writes that against the North, “the armies of the South at peak strength never exceeded 700,000 men,” and that “imported “Hessians” were used “by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Jackson, Taylor, to make the nation, to found its renown.”

Bernhard Thuersam, www.Circa1865.org

 

“It Was Lincoln Who Made War”

“Jefferson Davis, with his family, was captured in the Georgia pines on May 10, 1865, while en route to the Trans Mississippi, where he had hoped forces were still intact to continue the struggle Johnston and Beauregard had given up to Sherman at Durham, North Carolina . . . The odds now were ten to one; the North was being armed with Spencer-magazine repeating rifles, against the Confederates muzzle-loaders, to turn the war into mass murder.

During the four years of war the Northern armies had been replenished with large-scale inductions of more than 720,000 immigrant males from Europe; who were promised bounties and pensions that the South afterwards largely had to pay (see the Union Department of War records).

Charged with detestable crimes that, it was only too well known, he could not be guilty of, Davis was unable to obtain a hearing, and finally was released. A bail bond of $100,000 had been posted for him, oddly enough, by some of the men who had been his bitterest enemies – Horace Greeley, Gerrit Smith, Vanderbilt, and others among the twenty men who pledged $5,000 each in federal court.

Davis himself thought that “. . . by reiteration of such inappropriate terms as “rebellion” and treason,” and the asseveration that the South was levying war against the United States, those ignorant of the nature of the Union, and of the reserved powers of the States, have been led to believe that the Confederate States were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of their existence . . . The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederacy, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition, to equitably adjust all questions growing out of the separation from their late associates.”

It was Lincoln who “made war.” Still another perversion, Davis thought, “was the attempted arraignment of the men who formed the Confederacy, and who bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, and but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln and Jefferson Davis: A Historical and Biographical Study in Contrasts, Russell H. Quynn, Exposition Press, 1959, excerpts pp. 126-128)

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