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er to oppose the promotion of any that are
qualified, from perfonal pique or refent-



State Legislature.



The continuance of the public tranquility, the growing profperity of the state, the attachment of our fellow-citizens to our happy conftitution and their difpofition to pay due obedience to the laws, which your excellency has been pleafed to mention, demand our grateful acknowledgments to that overruling Providence from which all our bleffings proceed.

We are happy to find that, notwithfland-
ing the unwarrantable conduct of the Span-
ifh Intendant at New-Orleans, to prevent
the free navigation of the Miffiffippi, all
caufes of complaint will probably be re-
and measures

on the part of the executive of the United
States; but if we should be difappointed


that refpect, we have the higheft confidence with your excellency that every exertion will be ufed by our citizens to vindicate our national rights against any power by which they may be invaded.

The execution of the various matters committed to your excellency's more immediate direction, during the recefs of the leigflature, meets our full approbation; and it gives us much fatisfaction to learn that the duties which were affigned to the different departments, have been executed with wifdom and fidelity.

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The Affembly are highly gratified with your Communication to both Houles of the Legislature, and unite with your Excellency in "unfeigned gratitude" to the Supreme Difpofer of all events, for the continuance of public tranquility, and the increafing profperity of the State. We cannot however, veiw without concern the conduct of the Spanish Intendant at New Orleans, which, in the violation of the faith of Treaties, is calculated to obftru&t the enterprise and growing commerce of the citizens of the United States, and in a peculiar manner to affect our fouthern brethren in de

We are fully fenfible of the neceflity of replenishing our magazines with military ftores in time of peace, and of making fuch further appropriations for that purpofe as the ftate of the treafury may warrant.

The increafing attention to military duty
by our citizens will excite us to make fur-
ther improvements in our fyftem for the
promotion of military difcipline and the
encouragement of military ardor.

that by the amelioration of our criminal
It gives us great pleafure to be informed
code, the number of crimes has gradally
diminished for three years paft, notwith-
ftanding the rapid increase of our popula-
tion; a fyftem fo fuccefsful in its opera-
tion, and fo congenial with the mild fpirit
of our free government, cannot fail to re-
ceive our warmeft fupport and encourage-thefe


priving them in a great measure of the free navigation of the Mifilippi. The fenfibility excited on this occafiion is the natural refult of injuries committed on the rights of a free people, who confider national honour above all price, and are determined to fupport it at every hazard. Under

The fifcal concerns of this flate fhall
receive from us that early and deliberate
attention which their importance demands,peal
and we affure your excellency that we
fhall readily concur in every proper and
economical measure to render our funds
more productive and to supercede as far as

impreffions we believe that found policy as well as the dictates of humanity point out the propriety of attempting to obtain redrefs by negociation, before an ap

to arms, and therefore highly approve the wife and temperate meafures of the Prefident to remove ali canie of complaint. Should thefe fail, we have no doubt the people of this ftate will be among the first

Poft of laft evening. We prefent our fincere thanks to the gentleman to whofe poThe obedience to the laws manifefted by obliging favour, and lofe not a moment in lite attention we are indebted for this very our fellow citizens affords the higheft fatisfaction, and ought to ferve as a new proof quent fpeech of our Senator.-Our readers giving publicity to the forcible and eloof the error of those who infift that the Pcople are incapable of felf-government.will recollect, that under the administration While fuch fentiments remain we have lit-pointed juftices of the peace for the Dif of Mr. Adams, feveral perfons were aptle to apprehend from the machinations or intrigues of foreign powers. trict of Columbia, and their commiffion delivered before Mr. Jefferfon came into regularly made out; but as they were not office, he faw fit to fupprefs them. It became, therefore, a very inportant queftion, whether the Prefident was authorifed to withhold a commiflion which under his predeceffor had gone through all the forms of law but delivery. Accordingly, three made application to the Supreme Court of of the juflices who were in this fituation, this enquiry folemnly made and decided the United States for the purpose of having upon. The proceedings on this fubje&t tuted them have been advifed by their are ftill pending, and the parties who infticounfel, that an extract from the minutes of the Senate confirming their nominations, would be material evidence in their behalf. They therefore prefented the memorial ed in confequence of it gave occafion to which is fubjoined. The refolution movMr. Morris's fpeech.

The fifcal concerns of the ftate are of the first importance. Our best endeavours will be exerted to render the funds more productive and to diminish the expence of government by appropriating the public money with the ftricteft economy. We cannot too highly approve the economical fyftem pursued by the general gov. ernment, and the falutary effects refulting from the wisdom of its measures; an example of fuch high authority and fo worthy of imitation will be purfued with undeviating attention.

If party zeal did not extinguifh all regard fel-particular banner, every clafs of our citifor character not enlifted under its own zens would furely feel a pride in having our State reprefented by a man fo diftinguifhed for genius, talents and eloquence, as Mr. Gouveneur Morris. But all emotions of this kind are ftifled-In the mad rage for change, we fee our country deprived of his fervices, and another foifted into his place, no more like him, than a Satyr to Hyperion.

in firmness and patriotifm to vindicate our national rights," from whatever quarter they may be affailed."

Your uniform patriotifm and folicitude for the public welfare, evinced by a long courle of public fervice, leave no reafon to doubt of the faithful exercife of the various matters committed to your immediate direction. The various and important objects communicated by your Excellency hall receive the confideration they merit. And permit us to fay, that we boubt not your Excellency's co-operation in all thofe

cafures which the happinefs of our low citizens or the public weal fhall require.


Permit me to tender you my warmest acknowledgments for this polite addrefs, and for the pleasure I receive from the favorable opinion you are pleased to exprefs of my public fervices.

The correct and patriotic fertiments entertained by you refpecting our national concerns, and the zeal which you manifefil to promote the intereft of the State, juftify the high confidence repofed in the wildom of the affembly: and cannot fail of being as pleafing to your conftituents, as they are gratifying to me. GEO CLINTON. Albany, Feb. 4, 1803.

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Columbian Congress.


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The following note, enclofing Mr. ris's fpeech was received by yesterday's mail, but too late for publication in the


prefented to the Senate the following peti-
On the 28th of January laft paft, was

That your petitioners have been informed and verily believe, that John Adams, while Prefident of the United States, nominated to the Senate of the United States, for their advice and confent, your petitioner William Marbury, to be a juftice of the peace in the county of Wafhington, in the district of Columbia, and your petitioners Robert Townfend Hooe and Dennis Ramfay, to be Mor-exandria, in the fame diftri&t; that the faid justices of the peace in the county of Alnominations were duly taken into confidcration by the Senate, who on or about the

tion, viz.

To the Honorable the Senate of the United
States of America. The petition of
William Marbury, Robert Townsend
Hooe, and Dennis Ramfay, moft ref-
pectfully fheweth :

FOR 1803

eight hundred and one, were pleafed to first day of March, in the year one thoufand give their advice and confent that your petitioners fhould be feverally appointed to the offices aforefaid; that commiffions were accordingly in due form figned by the faid Prefident, and directed to be fent to your petitioners by the Secretary of State, but that your petitioners, from fome afferting their rights to the fame in a judicaufe have been deprived of their commiffions, and are reduced to the neceflity of cial course of proceeding in which as they fatisfactory evidence of the advice and conare advised it will be requifite to produce fent of the Senate to the appointment of your petitioners to be juftices of the peace Application has been made to the Secretary as aforefaid, in the diftrict of Columbia. advice and confent of the Senate was given of the Senate for his certificate that the faid, that your petitioners fhould be apin confequence of the nominations aforeSecretary has declined giving without the pointed to be juftices of the peace in the diftrict of Columbia aforefaid, which your leave of the Senate. Your petitioners. pray the premises be taken into con-may fideration, and that your Secretary may be permitted to give to your petitioners a. certificate in ufual form, fetting forth that the Prefident of the United States to the your petitioners having been nominated by aforefaid offices, feverally and refpectivly Columbia, the Senate advised and confentof juftices of the peace in the diftri&t of ed to their appointment. And as in duty bound, &c.


The petition was laid on the table, and on Monday the 31st January, was called up by Mr. Howard, and the following refolu tion was prefented by him for the purpofe of granting in form, the prayer of the peti


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Refolved, That the Secretary of the Senate be directed to give an attested copy of the proceedings of the Senate of the 2d and 3d of March, 1801, fo far as they relate to the nomination and appointment of William Marbury, Robert T. Hooe and Dennis Ramfay, as juftices of the peace for the counties of Wathington and Alexapplication of them or either of them." andria, in the territory of Columbia, on the


day, where I heard and was delighted with
I was in the Senate Chamber yefter-
Morris, one of the Senators of your State,
a fpeech delivered by Mr. Gouverneur
upon a fubject which had excited confid-
"ed of no little importance on account of
erable intereft in this place, and was regard-

greateft of curfes which can befal a people. He is a more horrible scourge than the yellow fever. X.

Balance Closet.


No. 1.

OUR readers have been presented with an accurate and impartial account of the late transaction in this county, relating to the liberty of the press. A fair statement of the conduct of the public prosecutor, on this occasion, has been laid before them, together with the defence set up by the defendant's counsel, the decision of the court on the motion for shackling the press with previous restraints, &c. The transaction, we find, has excited much of the public interest. Moderate men, of all parties, have beheld, with astonishment, this extraordinary attempt to screen the conduct of the first magistrate of our country from investigation. They have heard, with amazement, that alarming doctrine advanced by the Attorney General, that, for publishing the TRUTH concerning our rulers, a printer is liable to punishment by fine and imprisonment.They have been surprized at the recent conduct of men, who, but a short time since, were the loudest sad most violent declaimers against a law, which merely had for its object, the punishment of scandalous and malicious falshoods. This transaction has furnished the people with an invaluable piece of instruction. It has brought home to their minds a solemn truth, which political writers might have la boured for ages, in vain, to inculcate. It has taught them, that the professions and promises of an as piring demagogue, are like the gaudy trappings of a painted harlot, put on tentrap the unwary and to deceive the unsuspecting; and it has convinced them, that those are not always the real "saviours of the republic," who proclaim their patriotism upon the house-top.

It cannot be expected that we shall sit calmly down, and brood over this affair in silence. The man is scarcely deserving of liberty, who can be. hold, with indifference, any attempt which may be made to wrest that liberty from him; and who will not exert himself to preserve it inviolate from the ruthless hand of tyranny. We feel no inclination to relinquish a right guaranteed by our constitution. But if we must be deprived of the most inestimable privilege, by a forced construction of our laws, we shall submit with all that good grace v hich character izes the orderly citizens; but not with that spaniellike servility, which would prompt us to kiss the hand that scourges us.

ter ought to have a nobler object in view, than the mere gratification of personal resentment. When events happen, from which instruction may be drawn, it becomes the duty of editors of newspapers, to treat of them in a manner which they deem most likely to promote the public good. This will be our aim in the present instance. We shall draw a contrast between the Sedition Law and the Common Law against Libels. We shall shew that the Sedition Law was an amelioration of the Common Law, inasmuch as it permitted the publication of truth, and limited the amount of fine, and the term of imprisonment for seditious falshoods. We shall shew that the Sedition Law met with the decided opposition of the democratic party, from the highest to the lowest-from the majorities of state legislatures, to the most obscure individuals-and that prosecutions have been commenced by the same party, under the most rigorous construction of the common law. We shall shew that much the greatest number of scurilcus publications have issued from the democratic presses-and that Washington and Adams suffered more slander and abuse from a single democratic print, than ever Jefferson has re ceived from all the federal presses in the union. We shall contrast the former professions of certain men, with their present conduct; by which we shal shew that their sentiments on the liberty of the press changed from one extreme to the other, precisely at the moment that the administration of our vernment passed out of the hands of John Adat 1s into those of Thomas Jellerson. We shall take a particular view of the manner in which Mr. Spencer has thought proper to discharge his public trust; by which we shall shew that consistency, et least, forms no part of his character. When these truths are fully exhibited, we cannot but believe, that every honest democrat, who has been deceived by false appearances, and beguiled by false promi ses, will instantly burst the shackles of delusion, and embrace those genuine principles of republicanism, which alone can save our country from utter destruction.

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In Greenleaf's New-York Journal and Patriotic Register, 1798, the editor says, "It should be a custom with the printers of republican newspapers, in our country, to publish, at least once a year, the following prophetic remarks of Thomas Jefferson Esq; written during our late struggle for independ. eace; they display, in few words, the philosopher, the suteeman, the patriot and the man of penetration. The truth of them, we believe, will not be c.me hd by even the advocates for infalibility and British infarce."

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The prychy follows;-here it is.

Buy is the spirit of the people (says Mr. Jefferon Infallib permanent reliance? Is this

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In the remarks which we may offer, from time to time, under the head of the Liberty of fle a we receive in return for the Press," we shall be guided by candor and impartialillas wir apl -Besides, the spirit of the ity. If we feel that we have been injucd; if the aber. Our rulers will become wrongs which we have suffered, or which we are our pi, čurja je cardless. A single zealot may likely to suffer, are aggravating in the extreme, Tef 12, and better men be bis victims, still we must not expect to obtain redress by taunt ing invective or violent declamation. A public prin


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We offer no comment.


A letter from a gentleman in Washington to the editor of the National Aegis, states, that Tom Paine "is well drest, and appears like a gentleman;" that he is very temperate," and that he is "a living volume of information." It adds that Paine " means to recommence his political publications," and that "The federal papers, as he says, will republish his communications."-" If they do not, they will lose their customers; and, if they do, they will lose their cause." ! ! !--Well done, Tom Paine ! Your vanity has led your judgment (if you possesSS any) astray. 1f the federal printers do not republish your communications, they will lose their customers! To prove this a small mistake, we need only state, that a certain federal paper, in which but a part of one of Paine's communications has been published, has gained more than two hundred customers, since his landing in America That the federalists will lose their cause, by re-publishing Paine's trash, is, we presume, only the modest 0pinion of that living volume of information" him. self. Because he has blasphemed, the saviour of the world; and slandered the father of federalism, with impunity, he must not puff him elf up wità the ridiculous idea that his goose-quill is a magic wand, by the touch of which he can conger h.5 thousands and tens of thousands.


A writer in the Wilmington Mirror, vho sigus "T. Rodney," declares positively, that Major gencr1 CHARLES LEE, of the American Army, was le real author of the Letters of JUNIUS. He states that Gen. Lee communicated he secret to him alone, exacting a promise that it should not be divulged during his (Lee's) life.


JOHN D. BURK, an imported patriot, has issued proposals for writing and publishing the History of Virginia. The Americans are certainly a blest pcople. Their political instructers, their historians, some of their rulers, and the organ of their will," have but just come over.—And this is not all.—The state of Delaware, is to have the distinguished henor of being represented in Congress, by a man who obtained his seat by the suffrages of foreigners, whose votes have, since the clection, been dechu I illegal by a grand-jury.

Hail, Columbia, happy land!"

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"The Federalists during their administration,

played the Devil and burnt down two public offices, and now they are all in a fever because the Republicans don't raise Hell and burn the city "

Now this is true democratic decency-genuine grog-shop humour, It is all false, to be sure; but, what then-If there had been any truth in it, the "humor" as well as the wit would have been lost.

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In applying the axe to a wood-lot, which the owner would with to perpetuate by a series of reproductions, the beft method is to cut down every tree, as far as the axe-man- goes. This will give the young and tender progeny the neceflary advantages of a free circulation of the air, and of the unobstructed rays of the fun; whereas it fome of the large trees be left, the fhoots, which fpring up from the flumps of the others, will languish beneath their fhade. The part of a wood-lot, that is felled by the axe, fhould be kept as carefully fenced as a corn field or otherwife the browfing of cattle, efpecially in the fpring of the year, will poifon and deftroy the rifing tendrils. Care fhould alfo be fed to pluck off a part of the tendrils or fhoots around the flumps; leav ing only, by the fides of each flump, two or three of the most large and thrifty.

Monitorial Department.

By fuch a prudent management, a wood-lot might be rendered a perpetua! fund of timber and fuel.

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CCORDING to Richard win, Fiq. vaft heaps of marine fhells, which lie remote from any fea-fhores, have fometimes been found, on examination, to S wood is among the neceffa. be not only of different kinds, but alfo ries of e, a foreft is a neceffary appen- fuch as belong to different climates; which dage to every farm. Foreft-trees have the Foreft-trees have the plainly betokens that there has been a conpower of re-producing themselves as well fluence of the feveral oceans over the from their roots as from their feeds; and earth. The fame writer quotes the telbut for fhamefully bad management, they timony of Don Ulloa, that theils have been would be found growing, in fufficient found on a mountain, in Peru, at the numbers in almost every part of this coun-height of fourteen thouland two hundrei try. A farmer's wood-lot fhould be near- and twenty feet. ly as much the object of his care as his It is further mentioned on refpectable orchard. Wood-lots fhould remain unauthority, that the bones of elephants and touched, during the feafons of fpring and fummer; becaufe, the wood being then full of fap, is lefs durable for timber and lefs valuable for fuel; and because the roots, being nearly exhaufted of fap, have not ftrength to fhoot forth again. Wood fhould be felled or cut down, between the months of November and March. This circumstance renders it more durable in timber; and caufes it, when ufed in fuel, to yield more heat, with lefs fmoke: at the fame time, the roots being abundantly replenifhed with fap, which is the blood of plants, are able to fhoot forth a new progeny.

rhinoceri have been found in the lower


paris of Siberia. Thele animals, it is
known, belong to warm climates; and
cannot live, in the open air, in countries
which are extremely cold. It is abfurd
to fuppofe that they had wandered fpon-
taneously, thousands of miles from their
native and congenial climes, into the
North of Siberia, the region of eternal
froft. It is even impoflible that they
could have endured the extreme cold on

their way thither. Moft probable it feems
to be, that their carcafes were brought in-
to that frofty region by a deluge of wa-
ters. There is alfo this remarkable cir-
cumflance to be noticed, namely, that the
part of Siberia where the aforementioned
bones and carcafes have been found, is
feparated by continued chains of lofty
mountains, from the oceans and from the
warm regions which the elephant and the
rhinoceros inhabit : therefore if their car-
cafes were brought thither by a deluge, the
waters thereof must have rifen fo high as
to have wafted them over the tops of thofe


Mr. Raphaelle Peale, of Philadelphia, has communicated to Mr. Poulfon, editor of the American Daily Advertiser, his newly difcovered mode of purifying water, which probably combines as much ufefulness with fimplicity, as any late difcovery whatever. The following sketch Kir-explains the operation


Mofes's hiftory of the deluge will lead
us to account for these phenomena; and
certainly it is more reafonable,-more phi-
lofophical to account for them upon that
ground, tho' liable to fome difficulties,
ground, tho' liable to fome difficulties,
which are liable to difficulties and
than from vague and arbitrary conjectures,
tions ftill greater.


APHORISM.-Bow to him who bows not to the flatterer.-Lavater.

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A barrel, keg or bucket may be used by boring a hole in its bottom. This hole muft be covered with a piece of sponge. One third of the veffel muft then be filled with powdered charcoal or common coals, extinguifhed by water-another third with river or beach fand, and the remaining third to be left for the water intended to be purified. Mr. Peale ftates that water, ever fo obnoxious, will pafs through a veffel thus prepared, cleared from all foreign matter, as sweet and pelucid as the fineft pump water. Experiments have been tried with water of a bright green colou from a ftagnant pond,-with the moft putrid water, and with difh-water-and all with fuccefs.




ATURE has formed America, particularly with refpect to rivers, on a much larger fcale than the other quarters of the globe. Among its moft noble rivers is that of St. Lawrence. This river beginning at Lake Ontario, and extending to the ocean, is Teven hundred and fortythree miles in length. At its mouth, it is ninety miles wide. At cape Cat, which is one hundred and forty miles from its mouth, the St. Lawrence is thirty miles. wide. At Quebec, which is four hundred miles from its mouth, it is five miles wide. Up to this distance from the ocean, the river is navigable by fhips of the line. objec-feven hundred and forty-three miles from At and near Kingflon, which is fituated at the fource of the St Lawrence, that is,

the ocean, the river is faid to be from two and a half to fix miles wide. The channel of this river, it is reported, is better now than it was when the river was firft difcovered by civilized people. During the fpring-floods, the waters from Lake



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Hudson, February 22, 1803.

Our readers must have obferved, that Mr. DAVIS, a democratic member of Congrefs, from Kentucky, has of late proved extremely troublefome to his party in the house of Reprefentatives. He has, in a firm and independent tone, expreffed his indignation at the childish manner in which the unwarrantable conduct of the Spaniards at New. Orleans, has been treat ed; and he has dealt forth fuch weighty blows, that it has been found expedient either to get rid of him, or to adminifter an anodyne, for the purpofe of abating his watchfulness. Our worthy prefident has, therefore, appointed Mr. DAVIS a judge of the Indiana Territory!

The Hon. JOHN Q. ADAMS, of Maffachusetts, is elected a Senator of the United States.

BONAPARTE has banifhed Gen. TousSAINT, to the Island of Elba.


In the numerous and refpectable lift of the patrons of this paper, John Walker, of Albermarle, appears as one. A few weeks ago, he came down to Richmond. He ! brought along with him a celebrated correfpondence, which the Recorder has more than once hinted at, as being on the point of publication. He fhewed this to a number of gentlemen, feveral of whom we muft, for the tenth time, affirm, that we produce in a court of juftice. Mr. Walker was advised to poftpone the publication. The reafon we take to be this. It is ftill almoft two years till the election of the next prefident It was fufpected that the horrible infamy of the contents of a part of this correfpondence might have its edge blunted in 18 months of new fpaper repercuffion. That the letters will be printed, firft or laft, there can be no queftion.


A letter from Washington of Feb. 10, fays-The Supreme Court this day had under confideration the motion made at the laft term, for a rule upon the Secretary of State to appear and fhew caufe, why a mandamus fhould not iffue for the com. miffions of certain magiftrates, who were appointed by Mr. Adams, whole appointments were approved by the Senate, and whofe commiffions were figned and fealed, but not delivered, when Mr. Jefferfon came into office. Mr Lincoln, the attorney-general, who at one time acted as Secretary of State, was fummoned as a witnefs, to teftify whether he had any knowledge of fuch commiffions in the office of ftate-He retufed to teftify-and the court allowed him to confider the subject until to-morrow, and come to a final determination whether he will teftify or not. [Evening Poft.]

By the Mars, arrived at Philadelphia from New-Orleans, which fhe left the 17th ult. we learn that the difpatch-boat from our government had reached there previous to her departure, and the Intendant, fo far from relaxing, or regarding the recommendations of the Chevalier de Yrujo to restore the right of depofit, treated his interference with the utmolt contempt, and perfifted in is conduct with unabated rigor. It is further ftated, that no other opinion was entertained at New-Orleans, than that the Intendant was acting from pofitive inftructions from his Court, which were confidered as originating with France. That both political parties at Natches (which he left the 6th of Jan.) were in favor of immediate and energetic meafures of redrefs, and were fully perfuaded with the inhabitants of New. Orleans, that the executive would enforce the restoration of our rights. [Ibid.]



Under the date of the 16th inft. the Intendant General of the provinces tells me that the citizens of the United States of America, can have no commerce with His Majefty's fubjects-they only having the free navigation of the river for the exportation of the fruits and produce of their eftablishment to foreign countries and the importation of what they may want for them-as fuch I charge you fo far as refpects you, to be zealous and vigilant, with particular care, that the inhabitants neither purchase or fell any thing to the fhipping, flatbottomed boats, barges, or any other fmall veffels, that may go along the river, deftined for the American poffeffions, or

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