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FEBRUARY, 1794.]

Proceedings.

[H. OF R.

Mr. Pickens, from the committee to whom was sary and Constitutional; and, after some time spent referred the Message from the PresidENT OF THE therein, the Chairman reported that the CommitUNITED STATES, of the 13th ult. transmitting the tee had again had the said report under consideracopy of a Letter from Constant Freeman, Agent for tion, and made several amendments thereto; the War Department in Georgia, to the Secretary which were read, and ordered to lie on the table, of War, dated the first of January, one thousand On a motion made and seconded that the House seven hundred and ninety-four, with sundry en- do come to the following resolution: closures relative to the Creek Indians, made a re- Resolved, That so much of the act " to establish the port; which was read, and ordered to be commit- Judicial Courts of the United States, as is, or may be, ted to a Committee of the Whole House on Mon-construed to require the attendance of the Marshal of day next.

each State, at each of the sessions of the Supreme Court, The following Message was received from the shall be repealed; and that, in future, the said Court PRESIDENT OF THE UNITED States:

shall be attended during session by the Marshal of the

district in which they sit, unless by special order the Gentlemen of the Senate, and

Court shall require the same." of the House of Representatives :

Ordered, That the said motion be committed I lay before you the copy of a Letter which I have to Mr. William Smith, Mr. 'JEREMIAH SMITH, received from the Chief Justice and Associate Justices Mr. Moore, Mr. Murray, Mr. THATCHER, Mr. of the Supreme Court of the United States, and, at their

Scott, and Mr. ChristiE. desire, the representation mentioned in the said Letter, pointing out certain defects in the Judiciary system.

The House resumed the consideration of the G. WASHINGTON. report of the committee to whom was referred the UNITED STATES, February 19, 1793.

memorial of Andrew G. Fraunces: Whereupon,

Resolved, That the reasons assigned by the Sea The said Message and papers were read and cretary of the Treasury for refusing payment of ordered to lie.

the warrants referred to in the memorial, are fully The House again resolved itself into a Com- sufficient to justify his conduct; and that, in the v mittee of the Whole House on the report of the whole course of this transaction, the Secretary committee appointed to report whether any, and and other officers of the Treasury have acted a what, alterations and amendments are, in their meritorious part towards the public. opinion, necessary to the act to establish the Post Office and Post Roads of the United States ;" and, morial against the Secretary of the Treasury, re.

Resolved, that the charge exhibited in the meafter some time spent therein, the Chairman re- lative to the purchase of the pension of Baron de ported that the Committee had again had the Glaubeck, is wholly illiberal and groundless. said report under consideration, and made several amendments thereto; which were severally twice read, and agreed to by the House.

THURSDAY, February 20. Ordered, That a bill or bills be brought in pursuant to the said report, and that Mr. Sedgwick,

The House, according to the standing order of Mr. Tracy, Mr. GLENN, Mr. CLARK, Mr. Frózsi- the day, resolved itself into a Committee of the MONS, Mr. Dent, Mr. WALKER, Mr. McDowell, Whole House on the state of the Union; and, afMr. HUNTER, and Mr. DEARBORN, do prepare and ter some time spent therein, the Chairman reportbring in the same.

ed that the Committee had had the state of the Mř. WILLIAM Smith, from the committee to Union under consideration, and come to several whom was referred the Message from the Presi- resolutions thereupon ; which he delivered in at DENT OF THE UNITED STATES of the 30th ultimo, the Clerk's table. enclosing the copy of a Letter from the Governor Ordered, That the said resolutions do lie on the of North Carolina, covering a resolution of the table. Legislature of that State; as also, the petitions of Thomas Person and others, proprietors of lands in the Territory of the United States South of the

Friday, February 21. river Ohio, and of the Trustees of the University A petition of Josiah G. Pierson, of the City of of North Carolina, made a report ; which was New York, was presented to the House and read, read, and ordered to be committed to a Committee praying that such further and additional restricof the Whole House on Wednesday next. tions may be laid on the importation of nails from

The House again resolved itself into a Com- foreign countries as may be deemed expedient to mittee of the Whole House on the report of the encourage the manufacture of the said article committee appointed to take into consideration within the United States. the act “to establish the Judicial Courts of the Ordered, That the said petition be referred to United States," and report some provision in the Mr. Watts, Mr. Coit, Mr. Hindman, Mr. Dexcase where any Judge of the Courts of the United TER, Mr. Giles, Mr. Dayton, and Mr. Page; that States is, or may, by sickness, or other disqualifying they do examine the matter thereof, and report cause, be rendered incapable of discharging the the same, with their opinion thereupon, to the duties of his office; also, some further provision House. concerning bail, process, and costs, in the Courts of The SPEAKER laid before the House a Report the United States; and, generally, to report such from the Secretary of War, communicating an amendments to said act as they may judge neces- | adjudication of the Supreme Court of the United

3d Con.-16

H. OF. R.)

Naval Armament.

[FEBRUARY, 1794.

to move,

States, declaring the claims of certain invalid pen-cent. were for the most part purchased and used sioners under the act, entitled " An act to provide by the poorer class of the people, who were less for the settlement of the claims of widows and able to bear additional burdens than any other. orphans barred by the limitations, heretofore esta- That indeed very many of those articles, and some blished, and to regulate the claims to Invalid Pen- of the most important of them, were real necessasions,” not to be valid ; which was read, and order-ries, and could not be furnished in this country, ed to lie on the table.

but must be brought from abroad, for a long time NAVAL ARMAMENT.

at least to come; among which he particularly The House proceeded to consider the resolutions mentioned coarse woollens, &c. reported yesterday by the Committee of the Whole

That, under this impression, he took the liberty House on the state of the Union: Whereupon,

that instead of laying one per cent. addiThe question being taken on the first resolu-tional duty, as the Select Committee had reported, tion, in ihe words following to wit:

on those articles, it might be reduced to one half

per cent. only. “Resolved, That a Naval force, to consist of four ships of forty-four, and two ships of twenty guns each, be one half, as proposed by him, would occasion a di

Mr. D. said, he was aware that the reduction of provided for the protection of the commerce of the United minution in the sum

to be raised of about 75,000 States against the Algerine cruisers ;"

dollars, under that head of revenue, but that the It was resolved in the affirmative-yeas 43, Committee of the Whole might see and undernays 41, as follows:

stand his whole plan and object, before they deYEA8.-Fisher Ames, James Armstrong, John Beat- cided upon a part, he would in his place, read to ty, Elias Boudinot, Shearjashub Bourne, Benjamin them what he intended to offer as a substitute to Bourne, Lambert Cadwalader, David Cobb, Peleg Cof- remedy that deficiency. fin, Joshua Coit, Jonathan Dayton, George Dent, Samuel Dexter, Thomas Fitzsimons, Dwight Foster, Eze- which, he said, were either 'luxuries of life, and

Here Mr. D. read a variety of specific articles, kiel Gilbert, Henry Glenn, Benjamin Goodhue, James Gordon, Samuel Griffin, Thomas Hartley, James Hill. consequently consumed or used by those who house, William Hindman, Samuel Holten, John Wilkes our own artists or manufacturers could supply in

were most able to pay the duties, or articles which Kittera, Henry Latimer, Richard Bland Lee, Francis sufficient quantity, especially if this small addidore Sedgwick, Samuel Smith, William Smith, Tho- tional protection could be held out to them. mas Sprigg, Zephaniah Swift, Silas Talbot, George

The principal of them were as follows, viz: Thatcher, Uriah Tracy, Jonathan Trumbull, John E. On boots, an additional duty of twenty-five conts per Van Allen, Artemas Ward, John Watts, and Richard pair. Winn.

On shoes and slippers for men and women, and on Nars.-Theodorus Bailey, Abraham Baldwin, Tho clogs and golo-shoes, five cents per pair. mas Blount, Thomas P. Carnes, Gabriel Christie, Tho

On shoes and slippers for children, three cents per mas Claiborne, Isaac Coles, William J. Dawson, Henry pair. Dearborn, William Findley, William B. Giles, James On millinery ready made, and artificial flowers, feaGillespie, Nicholas Gilman, Christopher Greenup, An. thers, and other ornaments, for women's head dresses, drew Gregg, Willliam Barry Grove, Carter B. Harri- dolls, dressed and undressed, toys, five per cent. ad vason, John Heath, John Hunter, Matthew Locke, Wil- lorem. liam Lyman, Nathaniel Macon, James Madison, Joseph On cast, slit, and rolled iron, and generally all manu. McDowell, Alexander Mebane, William Montgomery, factures of iron, steel, tin, pewter, copper, brass, or of Andrew Moore, Joseph Neville, Anthony New, Natha- which either of these metals is the article of chief value, niel Niles, John Page, Andrew Pickens, Francis Pres- not being otherwise particularly enumerated (brass and ton, Robert Rutherford, John S. Sherburne, John Smilie, iron wire, locks, hinges, hoes, anvils, and vices, exceptThomas Tredwell, Abraham Venable, Francis Walker, ed,) cabinet wares, carpets, and carpeting ; two per cent. Paine Wingate, and Joseph Winston.

ad valorem. The second resolution being taken up, in the On leather tanned and tawed, and generally all manuwords following:

factures of leather, or of which leather is the article of “ Resolved, That, for the purpose of defraying the cost

chief value, not otherwise particularly enumerated ; two of a Naval armament, and the annual expense thereof, per cent. ad valorem.

On medicinal drugs, except those commonly used in after the day of there shall be levied, collected, and paid, upon all goods, wares, and merchandise, im dying, mats and floor cloths, hats, caps, and bonnets of ported into the United States, and

on which a duty

of every sort for women, gloves, mittens, stockings, fans, seven and a balf per cent. is now payable, an additional buttons of every kind, buckles, shoe and knee, sheathing duty of one per cent:"

and cartridge paper, all powders, pastes, balls, balsams,

ointments, oils, waters, washes, tinctures, essences, or Mr. Dayton said, that, as on a former day, other preparations or compositions, commonly called he had pledged himself to the House, to offer an sweet scents, odours, perfumes, or cosmetics, and all amendment to the above resolution, he was now dentifrice, powders or preparations for the teeth or gums; prepared to do it, and should take up very little of 2 per cent. ad valorem. the time of the Committee in general prefatory On gold, silver, and plated wares, gold and silver lace, remarks.

jewelry, and paste work, clocks and watches, and the No member present, he said, could be ignorant following groceries, viz : cinnamon, cloves, mace, nutthat the articles falling under the description of megs, ginger, anniseed, currants, dates, figs, plums, those subjected to a duty of seven and an half per prunes, raisins, sugar candy, oranges, lemons, limes, and FEBRUARY, 1794.]

Naval Armament,

[H. OF R.

66

generally all fruits, and comfits, olives, capers, pickles of “ Resolved, That a separate account of the said duties every sort, oil, and mustard in flour; two per cent. ad be kept. valorem.

Resolved, That the President of the United States be On all manufactures of cotton, of which cotton is the authorized to receive on loan, a sum not exceeding chief material, printed, stained, or colored ; one and an dollars, to be applied towards the building and equiphalf per cent. ad valorem.

ment of the said Naval armament, at an interest not exOn all marble, slate, and other stone, on bricks, tiles ceeding per cent. per annum ; and that the said loan tables, mortars, and other utensils of marble, or stone, be open to any individual or body politic or corporate and generally upon all stone and earthenware, an addi- within the United States. tional duty of five per cent.

Resolved, That the revenues herein before recited be On ships or vessels of the United States employed in pledged for the payment of the interest on the loan foreign trade, six cents per ton; on all other ships and aforesaid, for the annual expense of the said armament; vessels, twenty-five cents per ton.

and that the surplus of such revenue be applied to the The additional duties which he had proposed repayment of the principal, and to no other purpose on the articles he had thus particularly enume

whatever.' rated, would amount to about 75,000 dollars, which Ordered, That a bill or bills be brought in purwould be the diminution occasioned by the reduc- suant to the said resolutions, and that Mr. Fitztion of a half per cent. agreeably to his motion. SIMONS, Mr. GOODHUE, Mr. Jeremiah Wads

Mr. D. said, that he hoped every member, whe- WORTH, Mr. Forrest, Mr. MalboNE, Mr. Boudether he favored or opposed a Naval armament to Not, Mr. Parker, Mr. Macon, Mr. Winn, Mr. protect our commerce and our coast and harbors, GILMAN, Mr. Watts, Mr. Ort, Mr. Baldwin, would aid him and his endeavors to render the Mr. Israel Smith, Mr. LATIMER, and Mr. Daya ways and means for raising the moneys as little ron, do prepare and bring in the same. burdensome and as unexceptionable as possible. Resolved, That a committee be appointed to reIf the resolution for building and equipping the port whether any, and what, sum may be necessafive frigates should ultimately be negatived, it by iy to be loaned for the purpose of carrying on the no means followed that the time spent in the dis- public service for the year one thousand seven cussion and amendment of the resolution immedi- hundred and ninety-four. ately under consideration, would be uselessly spent. And a committee was appointed, of Mr. SEDGIn any future call for money, the ways and means WICK, Mr. Giles, and Mr. DEARBORN. which should be on this occasion preferred, would The House again resolved itself into a Commitprobably be resorted to, and it was therefore of tee of the Whole House on the bill making approimportance, that all should unite their exertions priations for support of Government, for the year to make the measure a sunobjectionable as pos- one thousand seven hundred and ninety-four; and, sible.

after some time spent therein, the Chairman reSo far as the encouragement of our own manu- ported that the Committee had again had the said factures could be made to consist with the increase bill under consideration, and made several amendof revenue, it was certainly desirable to effect it; ments thereto; which were severally twice read and it was with a view to both those important and agreed to by the House. objects, that he had selected the articles which he Ordered, That the said bill, with the amendenumerated. It was to be remembered, Mr. D. ments, be engrossed, and read the third time on added, that it was not now a question whether Monday next. they should raise more money, (this had already been determined,) but whether the increase of du

Monday, February 24. ties should fall upon articles of luxury, and such other articles as the United States were capable

An engrossed bill making appropriations for the of supplying within themselves, independently of support of Government, for the year one thousand foreign countries.

seven hundred and ninety-four, was read the third

time and passed. After considerable discussion, which turned

The following Message was received from the principally upon the propriety of affording the

PRESIDENT OF THE UNITED STATES : protection and encouragement which was contemplated in the amendment in favor of the iron Gentlemen of the Senate, and and of the iron manufactures of the United States,

of the House of Representatives : it was moved and carried, that locks, hinges, and The extracts which I now lay before you, from a Let two or three other articles (which it was said, ter of our Minister at London, are supplementary to could not be manufactured in this country,) should some of my past communications, and will appear to be be excepted.

of a confidential nature. The propositions of Mr. Dayton were then I also transmit to you copies of a Letter from the Seagreed to, and were adopted as part of the report cretary of State to the Minister Plenipotentiary of His of the Committee.

Britannic Majesty, and the answers thereto, upon the

subject of the treaty between the United States and The remaining resolutions were then adopted, as Great Britain; together with the copy of a Letter from follows:

Messieurs Carmichael and Short, relative to our affairs Resolved, That the like drawbacks and allowances with Spain; which Letter is connected with a former be made of the said additional duties as are now made confidential Message. of other duties upon goods exported from the United

G. WASHINGTON. States.

United States, February 24, 1794.

ܪ

H. OF R.]

Treasury Department.

[FEBRUARY, 1794.

The said Message and papers were read, and containing some suggestions against the official ordered to lie on the table.

conduct of the gentleman at the head of the DeTREASURY DEPARTMENT.

partment; and to have pressed the inquiry into

the general state of the Treasury, during the Mr. Giles called up his resolution, laid on the pendency of those suggestions, might have been table in the early part of the session, which reso- deemed a violation of delicacy and propriety. lution is in the following words:

Very soon after the imputations from that source Resolved, That a committee be appointed to exa- were done away by report of a committee, he had mine the state of the Treasury Department, and that called up the resolution, but the House, acting they be instructed to report to the House, generally, under the impressions produced by the delicate thereon; and, among other things, more particularly : crisis of our external affairs, refused to enter into

“ 1st. Whether the form of keeping the accounts be the consideration of the subject at that time. calculated to effectuate the disposition of the public Mr. G. remarked, that while on the one hand moneys, as prescribed by law. “ 21. Whether the cash receipts, from the domestic re- he deemed important

to the public welfare, as

he was desirous of looking into a subject which sources, have exceeded, equalled, or fallen short of the well as to gratify an officer in a request which he domestic cash expenditures, from the establishment of conceived had been impelled by the delicacy, of the Government to the first day of January, one thou: his situation, he was not unwilling, on the other dates and amount of any excess, or deficiency, quarterly hand, to yield to the opinion of the House, which

“ 3d. Whether the Sinking Fund, at the time of its esta: induced an immediate attention to our affairs with blishment, consisted of cash or bonds ; specifying, in the foreign nations. The subjects of commercial regulatter case, as nearly as may be, the several dates at lations, and the naval armament, being now out which any sum or sums of such bonds became payable of the view of the House, at least for some days,

" 4th. What proceedings have been had under the laws he hoped the chasm would be filled by the consiof the fourth and twelfth of August, one thousand seven deration of the resolution he had proposed. He hundred and ninety, authorizing loans of money, and could not help remarking, that at an early period what authorities were given for those proceedings. That of the session this resolution had been termed the they also state, in dollars and cents, the gross principal torch of discord. He thought if it could be viewed of debt in Holland, produced to the United States by the with impartiality, and according to its own desaid loans, and the precise amount of the principal of sign, it would not be found to possess that characthe foreign debt, which has been discharged thereby : ter.' The primary object of the resolution is, to what portion of such loans has been drawn to the Unit- ascertain the boundaries of discretion and authoed States, at what dates, and by what authority ; in rity between the Legislature and the Treasury what manner such drafts have been applied ; under Department. To effect this object, it becomes what forms and checks those drafts were made ; and necessary to have a knowledge of the state of the whether the moneys raised thereby were immediately Treasury Department. This appeared to him an deposited in the Treasury ; if not, in what places, and obvious duty of the House of Representatives, much time elapsed after such loans, before the said operating equally upon every individual of whom moneys came into the Treasury; whether a complete it is composed; it therefore seemed strange to him, fulfilment of our engagements to France was, in any that an attempt to discharge an essential duty degree, obviated by such drafts ; whether any portion of should be construed into a design to interrupt the the French debt remained unpaid, at the end of one harmony of deliberation. thousand seven hundred and ninety-two; and whether If to require a full and comprehensive view of any balance of the said debt is yet unpaid. And that the public finances, and the modes in which they the Committee do also report the date of the first inform- are contributed and distributed, be construed into ation to this House, communicating the said drafts; an effort at discord, it must arise either from the and whether any call of the House was made upon the opinion that Congress already possess this view, Treasury Department, which embraced the idea of a or from the principle that they ought not to posprevious disclosure thereof. " 5th. That the committee be also instructed to report ject should be left to the Treasury officers. If this

sess it, but that the whole knowledge of this subthe whole amount of the existing debt of the United doctrine be contended for, he thought it ought to States, discriminating the domestic from the foreign debt, stimulate the exertions of those who believed it and specifying the amount of domestic debt bearing a present interest of six per centum ; the amount bearing Constitution. He requested the House to accom

to be subversive of the primary principle of the a present interest of three per centum, and the amount deferred. That they also report the increase or decrease pany him in making a few reflections upon this of the whole debt of the United States, and the

subject.

operation of the Sinking Fund, to the end of the year one

The Debt of the United States forms an im. thousand seven hundred and ninety-three.

portant item of legislation. Its system is intri

cate, its extent unknown; it embraces the interMr. Giles observed, that very shortly after the ests of a very sagacious and powerful class of meeting of Congress, he had laid this resolution citizens. It is made, by the Constitution, the peon the table, under a conviction of the propriety culiar province of the Representatives, immediof the measure, and the hope of a speedy decision ately chosen by the people, to superintend the upon it. An occurrence took place a few days contributions and the distributions of all public afterwards, which produced a temporary delay. moneys. This may be deemed the highest duty An individual presented a memorial to Congress, 1 of the Representatives. It may be asked-How FEBRUARY, 1794.)

Treasury Department.

[H. OFR.

this most important of duties can be understand- Mr. Page said, that he looked upon those resoingly performed, but by a knowledge of the whole lutions as the only proper objects of the proposed machinery of the Treasury Department? There committee; as being those on which the chief can be no prospect of acting wisely, where there view of the author of them was fixed; and which, are no means of judging rightly: The omission too, came up exactly to the ideas of the Secretary to discharge this important Legislative function, himself, as expressed in his Letter, calling on the by the Representatives, will necessarily cause it House for an inquiry into his conduct. He was to be performed by the Head of the Department. surprised to hear gentlemen talk of exciting susA species of laws will grow out of an inattention picions, by setting on foot such an inquiry: for to, and a consequent ignorance of, this subject, his part, were he the Secretary, he should never which may be called the rules of office, the forms rest till his requisition of an inquiry had been of the Treasury, the practical constructions of fully complied with. That an inquiry into the laws contravening the legal constructions. In all conduct of the Treasurer ought to be made, (as it conflicts between this species of laws and the laws was annually in the State from which he came, pronounced by the Constitutional tribunal, the ad- where a committee of both Houses not only ex vantage would be in favor of the Treasury sys- amined the Treasurer's accounts, but corrected tem: because this would be the practical, that the and weighed his money,) notwithstanding his theoretic system of legislation. An inattention to honesty and virtue; and that this examination this subject, which is an intricate and complicated had been found useful and necessary, for deficienone, and a consequent ignorance of it might, in cies had been discovered; and in one instance by a course of time, leave to the Legislature the mere the Treasurer himself, (although it had escaped right of registering Treasury edicts. It may be the Committee,) who honestly informed the Assaid, that this is not the case at present. It is not sembly of it, and only asked time to replace the proposed to give any opinion on this point. The deficient money, which he did. As to the improremarks have been intended to show the probable priety of revising the proceedings of the House tendency of intrusting this important branch of of Representatives in their last session, he thought legislation to the Treasury Department; which nothing of it--not as much as he should of repealwould be the infallible consequence of the igno- ing one of its laws; and surely, as it could not be rance of the Legislature of the Treasury proceed- denied that this House had a right to examine any ings. The propriety of placing confidence in the proceedings of the last, which had received the Executive officers, is an argument very familiar sanction of the Senate and PRESIDENT too, it must to this House. To a certain extent, it is in every be very extraordinary to doubt its right to revise respect proper. It is proper, so long as the officer the proceedings of the House of Representatives -confines himself to his legal designated functions. alone, and more so when that revision has been If in any case he should exceed these, it becomes requested, even by the Secretary of the Treasury, the duty of the Legislature to notice the proceed the person who was the particular object of those ing. It is also the duty of the Legislature to as- proceedings. certain his functions by law, and to limit his dis

Ordered, That Mr. Baldwin, Mr. HUNTER, Mr. cretion. This argument of confidence in the Exe- McDowell, Mr. Giles, Mr. GreenUP, Mr. Dent, cutive officers may easily be carried to a danger- Mr. LATIMER, Mr. Irvine, Mr. Beatty, Mr. Van ous excess. The people have confidence in their CORTLAND, Mr. Niles, Mr. Swift, Mr. MALBONE, Representatives; they bestow on them certain Mr. Corrin, and Mr.

' WINGATE, be a committee Representatives have confidence in the Executive pursuant to the said resolution. officers: they transfer to them these trusts and these duties. What would be the result? A complete and radical change in the most essential

TUESDAY, February 25. character of the Government. Instead of the Le- Mr. Giles, from the committee to whom was gislature prescribing rules of conduct to the peo- recommitted the bill providing for destroyed cerple, the Executive officers would prescribe them; tificates of certain descriptions, reported an amendand the Legislature would be of no other use than atory bill; which was read twice and committo legalize Executive proceedings. This would ted. be a desertion of the trust reposed in the Repre- The House resolved itself into a Committee of sentative. The consideration of individual ease, the Whole on the bill sent from the Senate, would always operate in favor of this idea. The entitled "An act in alteration of the act for estaargument of individual interest might possibly aid blishing a Mint, and regulating the coins of the it in some instances, and the argument of policy United States;" and, after some time spent therein others; for there may be some individuals who in, the Chairman reported that the Committee might possibly prefer that to the Constitutional had had the said bill under consideration, and state of things. These remarks had been made made no amendment thereto. The said bill was to show, in very general terms, the impressions then read the third time and passed. which the subject had made on his mind; to ex- The House resolved itself into a Committee of hibit its general object; to prove that it was not the Whole House on the report of the committee unimportant: and that, if such should be the opin- to whom was referred the memorial of Arthur St. ion of the House, the stage of the session required Clair; and, after some time spent therein, the that it should receive immediate attention. Committee rose and reported progress.

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