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R. Purchase of Watsuga Settlers and Jacob Brown, 1775. March 19.
0. Second Purchase of Jacob Brown, t ;; 5, March 25. ( These purchases, « and o, nearly coincide with 3. )
3. Avery s Treaty. :. . July 20.
p. Treaty of NashSo:Jegh. 1;13, June (nearly coincides with 4).
Q. First Frank'la T.ca:y. 1795, May 31.
4. Treaty of Hopewe": :; 35. November 18,
r. Second Frankha Treaty, 1,46, August 3.
5. Blount's Treaty. 1 .: Joly a.
J. Knox's First Tresty. 1792, February I ?.
1. Knox's Second Traty, 1744, June 26.
6. Plrst Tresty of Tell:co, 1,23, October 2.
7. Flrst Treaty of Text:on, 1,98, October 2. Second Treaty of Te: Ico, 1504, October 24.
8. Chickasaw Cemdez. : 505, July 23-
0. Creek Tresty. : + 4
9. Third T:ca:v of T="sou. 1505, October 25.
10, Fourth Treaty of " ?. 'lco, 1505, October 2".
It. Fourth " :: aty af Fallico, thus, October 27.
12. Dearbora"+ Treaty, the, January 7.
13. Dearbora . Tresty. : 406, January 7.
Robertsca 15 ! Meg Treaty, tho7. September 11.
r. Capitulation oft ze Creeka ff4. August g.
y. Grabsm's Two Treaties, 1816, March 22.
2. Jackson and Meriwether's Treaty. 1316. September 14.
RG. Chickasaw Tresty, 1316. September 20.
14. . ackson sad MicMina's Treaty, 1517, July 13.
15. 1;reat Chickasaw Cession, 1513, October 19.
16. Calboun's Treaty, 1919, February 2,.
17. Calhoun's Treaty, 19rg, February 37. 13. L'alhoun's Treaty, 1819, February 77-
19. Calhoun's Treaty, IS19, February 27.
20, Calhoun's Treaty, 1819, February 27.
21. Calhoun's Treaty, 1819, February 27.
22. L'albonn's Treaty 19ty, February 37.
21. Calhoun's Treaty, 1319, February 27.
24. Overton's Treaty, t523,
25. Overton's Treaty, 1323.
45. Barbour's Treaty, 1925, May 6.
ce. Stokes and Ellsworth's Treaty, 1533, February 14.
di. Vashon's Treaty ( repudisted by President Jackson). 7924. February 10.
76. Treaty of Removal, 15:5, December 26.
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PURDYL
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CHATTENOOGA
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I30
HISTORY OF TENNESSEE.
CHAPTER XVIII.
THE INDIAN TREATIES.
[SUGGESTION TO TEACHERS .- It is believed by the authors that the following chapter contains valuable information, which has nowhere else been collated, with special reference to Tennessee history. It is important that pupils should acquire this information, but it is not necessary that they should memorize the mass of facts which are here thrown together.]
209. Early Indian Treaties .- The first treaty with the Western Indians was made in 1721, between Governor Nicholson, of South Carolina, and the Cherokees and Creeks. In April. 1730, a treaty was made between Sir Alexander Cumming, on behalf of North Carolina, and the Cherokee Nation, at Nequasse, or Requasse, which was intended to secure the co-operation ofthat nation against French and Spanish encroachments in the West. At this treaty the crown of the Cherokee Nation was brought from Teuassee, their chief town, and presented to Sir Alexander Cumming, with the request to convey it to England and lay it at His Majesty's feet. Six Indian chiefs accompanied Sir Alexander to England on this mission, and concluded an additional treaty at Dover, June 30. In 1732, Governor Oglethorpe, of Georgia, made a treaty with the Creeks. After the conclusion of the treaty, the chief, Tomochichi, and his queen, accom- panied Oglethorpe on a visit to London. In 1750, a treaty was made between Colonel Waddell. on behalf of North Carolina, with Atta Culla Culla, or the Little Carpenter, on behalf of the Cherokees, under which treaty Fort Dobbs was built. On November 24, 1755, a treaty was made by Governor Glenn, of South Carolina, with the Cherokees, by which the Cherokees ceded a large tract of territory to the King of England. In 1756, a treaty was made between Col. Hugh Waddell, on behalf of North Carolina, and the Cherokee and Catawba Indians. In 1,50, and in 1761, treaties were made with the Cherokees, by authority of South. Carolina -the first by Colonel Littleton, and the second by Colonel Grant. In 1763, the treaty of Augusta was made. 1 This treaty was follow. d, October 14, 1768, by the treaty of Hard Labor .? All of the above men- tioned treaties have an important bearing on the history of Tennessee as preliminary steps to its settlement, but none of them conveyed title to any land within the limits of the State.
An article in a special council held on Tennessee River, March 1, 1,57, conveys to Capt. Patrick Jack, of Pennsylvania, in consideration of $400, a tract of fifteen miles square south of Tennessee River. In pursuance of this grant a deed was made by Arthur Dobbs, Governor of North Carolina, and Atta Culla Culla, or the Little Carpenter, half-king of the Cherokees, on behalf of the Cherokee Nation. This deed was confirmed by a general council, held in 1.62.
210. The Treaty of Fort Stanwix .- The first general grant of land by the Indians. within the limits of the present State of Tennessee, was made by the Six Nations in the treaty at Fort Stanwix, concluded November 5, 1768. This treaty conveyed a doubtful claim, which was subsequently productive of much controversy, affecting not only the Tennessee settlers but presenting a vexatious question to Congress in the adoption of the articles of Confederation.3 This treaty is not shown on the annexed map of Indian Treaties, the lands which it purported to convey within the limits of Tennessee being covered by later treaties with other tribes.
211. Treaty of Lochabar .- This treaty was concluded at Lochabar, S. C., October 15. 1770. It conveyed lands in Virginia, West Virginia, Kentucky, and Tennessee. A portion of the lands embraced in this treaty lay in Tennessee and are shown in the annexed map. marked I. This portion in Tennessee overlaps the eastern part of the Henderson Purchase. marked 2.4
212. Leases by the Watauga Association and Jacob Brown .- In 1772, the Watauga Association leased for ten years, from the Cherokees, lands on the Watauga River. Jacob Brown made a similar lease for lands on the Nollichucky. The boundaries of these two leases are r.t
1 Ante, 46. 2 Ante, 49.
3 Arte, paragraphs 50 and 51 ; Journals of Congress ; Bancroft (Centenary Edition) Vol. VI. pp. 30, 336, 337 ; Confederate Military History. Vol. I. article on "The South as a Factor is Expanding the Territory of the United States;" Ramsey, pp. 74-77. 4See ante, paragraph 53.
I31
THE INDIAN TREATIES.
positively known. They are not shown on the annexed map, but coincide very nearly with the boundaries of the treaty marked 3.1
213. Transylvania Purchase. - March 17, 1775, Richard Henderson and eight other per- sons, organized as the Transylvania Company, concluded a treaty with the Chierokees, at Sycamore Shoals, on the Watauga. For merchandise to the amount of $50,000 they purchased all the lands lying between the Kentucky, Ohio, and Cumberland rivers, and extending eastward along the north bauk of the Holston to the point where it intersects the Virginia line; thence westwardly along that line to the western boundary of the Lochabar Purchase, and north along that boundary to its intersection with Powell Mountain. The treaty embraced two deeds-known as the "Path Deed " and the "Great Grant." The main portion layiu Kentucky, a small portion in Virginia, and a portion in Tennessee. Asshown on the annexed map, the portion in Tennessee appears in two detached parts, each marked 2, being cut off by the State line. The eastern part is overlapped by the Lochabar Purchase, marked 1. The legality of this purchase was not admittitted by Virginia or Nortlı C_rolina. It covered a portion of the terri- tory to which the Six Nations had quit- claim at Fort Stanwix, and to which the Shawnees had recently quit-claim by a treaty in 1775, made with Lord Dunmore, Governor of Virginia. The purchase of the Transylvania Company served to extin- guish the claims of the Cherokees, but gave rise to a long series of bitter controversies with the authorities of Virginia and North Carolina, and in Congress and the Federal courts. Finally the matter was compro- mised. Virginia granted the Transylvania Company 200,000 acres of land as compen- sation for the release of the company's claims. 2
The North Carolina Legislature, 1783, granted to Landon Carter, the son and heir of John Carter, who did not live mauy years after this transaction, and to the heirs of Robert Lucas, who was killed in defense of Davidson County, for their ex- pense, trouble and risk in making their purchase of land from the Cherokee In- dians, 10,000 acres of land on Clinch River, and in thesame act granted Henderson and his associates 190,000 acres, making the whole 200,000 acres.3
214. The Watauga Purchases .- MCINTOSH - CREEK CHIEF. During the conference at Sycamore Shoals, in March, 1775, the Cherokees made a deed to John Carter and Robert Lucas, conveying lands extending from Cloud's Creek to Chimney Top Mountain, and embracing Carter's Valley, in com- pensation for the robbery of Parker and Carter's Store by Cherokee Indians, and in further con- sideration of the payment of a sum of money." Two days later, March 19, a deed was made conveying in fee simple to Charles Robertson, as trustee for the Watauga Association, the landson Watauga, which had heretofore been leased, in consideration of " the sum of {2,000, lawful money of Great Britain, in hand paid." This deed is recorded in the register's office of Washington County, Tennessee, and prescribes the boundaries of the purchase. It is signed by the following Cherokee chiefs on behalf of the Cherokee Nation, viz .: Oconostota, Attacullecully, Tennessy Warrior, Willinawaugh. March 25, 1775, two deeds were executed by the Cherokees to Jacob
1 Ante, paragraph 81. Ramsey, 109-111; Reports of Bureau of Ethnology for 1883-S4, pp. 146-14S, article by Charles C. Royce.
2 Ante, paragraph 105; Ramsey, pp. 110-119; Report of Bureau of Ethnology, article of Charles C. Royce, 1883-1951, pp. 145, 149.
Martin's Private Acts of North Carolina, page 116.
+Ante, paragraph 81 ; Ramsey, p. 119.
132
HISTORY OF TENNESSEE.
Browu in consideration of ten shillings. One deed conveyed to him the tract which he had previously leased, and the other deed conveyed an additional tract, shown on map of the Watauga Settlements, marked Brown's Second Purchase. These several purchases are not shown on the annexed map of the Indian Treaties, but coincide very nearly with Avery's Treaty, marked 3. 1
215. Avery's Treaty .- July 20, 1777, Commissioners Preston, Christian, and Shelby, on the part of Virginia, and Avery, Sharpe, Winston, and Lanier, on the part of North Carolina, met at Fort Henry, near Long Island, on the Holston, and concluded with the Cherokees a treaty which is known in Tennessee as Avery's Treaty. It confirmed the Watauga cessions made in 1775, and somewhat extended their boundaries. The portion of the cession included in Tennessee is shown on the annexed map, marked 3.2
216. Treaty of Nashborough .- The Treaty of Nashborough with the Chickasaws and Cherokees was made in June, 1783. The Chickasaws ceded a large body of land which was not specifically designated on the annexed map, but which coincides very nearly with the cession of the Hopewell Treaty, marked 4. This treaty was never officially recognized by North Carolina, but was sacredly observed by the Chickasaws, and the official cession was completed by the Treaty of Hopewell.
217. Treaties Made by the State of Franklin .- During the existence of the "State of Franklin," that State made two treaties with the Cherokees-one on the French Broad, near the mouth of Dumplin Creek, May 31, 1,85, the other at Coytoy, August 3, 1786. After the collapse of the short-lived State both these treaties were ignored, and the pioneers who had settled the country south of the French Broad and Holston adopted rules of government, and for a time exercised the functions of an independent government.3
218. Treaty of Hopewell or Hawkins' Treaty .- The articles of confederation were adopted in 17SI and the control of Indian affairs devolved upon the United States. The first Indian treaty made under Federal authority which conveyed land in Tennessee was the Treaty of Hopewell. The commissioners on the part of the United States were Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan McIntosh. This treaty is generally known in Tennessee as "Hawkins' Treaty." It was concluded at Hopewell. S. C., Novem- ber 18, 1785. So far as Tennessee was affected this treaty officially confirmed to the United States the same territory which the Chickasaws had previously granted informally at the Treaty of Nashborough in 1783,4 making the boundary lines more definite. At the conclusion of the treaty, goods valued at $1,311.33, were distributed among the 918 Cherokees present. This treaty was made with the Cherokees, and was subsequently confirmed by the Chickasaws at Hopewell, January 10, 1756.5 The land conveyed in Tennessee is shown on the annexed map,
219. Treaty of Holston, or Blount's Treaty.6-William Blount, Governor of the Ter- ritory South of the River Ohio, and Superintendent of Indian Affairs, representing the President of the United States at White's Fort, where Knoxville now stands, concluded, July 2, 1791, a treaty with the chiefs and warriors representing the Cherokee Nation. This treaty was ratified by the Senate November 9, 1791, and proclaimed by the President February 2, 1792. It contained many stipulations for peace and friendship and for the arbitration of contro- versies. In consideration of the delivery of certain valuable goods and the annual payment of $1,000, by the United States, the Cherokees renounce all claims to the large tract of land shown on the annexed map, marked 5.
220. Knox's First Treaty.7- February 17, 1792, at Philadelphia, Henry Knox, Secre- tary of War, concluded with the chiefs and warriors of the Cherokee Nation a treaty, which amended Blount's Treaty. by increasing the annual payment to the Cherokees from $1.000 to $1,500.
1 Ante, Map of Watauga Settlements, and paragraph 81 ; Ramsey, pp. 119-122; Report of Bureau of Ethnology, 15$3-1884, pp. 146-143.
?Ante, paragraph 96; Report of Bureau of Ethnology, 1883-1884, pp. 150-151 ; Ramsey, pp. 172-174 ; Haywood, pp. 503-514.
3 See post, i -.
4 Ante, paragraphs 132, 153, 229.
" Haywood, pp. 32, 33, 37 ; Report of Bureau of Ethnology, 1883-ISS4, pp. 152-158. marked 4.
6 Haywood, 33; Report of Bureau of Ethnology, 1883-1884, pp. 158-169. The Treaty of Hopewell, and all subsequent treaties up to the year 1819, made with the Cherokees, Creeks. and Chickasaws are recorded in full in Scott's Edition of the Laws of Tennessee, Vol. II, pp. 807-850; and in Haywood and Cobb's Laws of Tennessee, pp. 198-221.
7 Report of Bureau of Ethnology, pp. 169-173.
I33
THE INDIAN TREATIES.
221. Knox's Second Treaty .- June 26, 1794, Henry Knox, Secretary of War, concluded at Philadelphia a second treaty with the chiefs and warriors of the Cherokee Nation. Bv this treaty some disputes were settled in relation to the correct running of the boundary lines, and the annual payment to the Cherokees was increased to $5,000 - fifty dollars to be deducted for every horse stolen from the whites by the Cherokees.
222. First Treaty of Tellico, or Walton's Treaty .- October 2, 1793, a treaty was concluded between George Walton and Thomas Butler, commissioners in behalf of the United States, and the chiefs and warriors of the Cherokee Nation, in the Cherokee Council House near Tellico. This treaty contained the usual stipulations for peace and friendship, with regulations for intercourse between the whites and the Cherokees. It raised the price of stolen horses to $60. It ceded to the United States certain lands, of which the two detached portions lying in Tennessee, are shown on the annexed map, marked respectively 6 and 7.1 The United States agreed to pay for this cession $5,000, and an annuity of $1,000.
223. Second Treaty of Tellico Block House .- Daniel Smith and Return J. Meigs, commissioners on the part of the United States, concluded a treaty with the Cherokees at Teltico Block House, October 2.4, 1804, by which no land was ceded within Tennessee. The copy of this treaty retained by the United States was lost, in consequence of which the treaty was not ratified for many years. Finally the Indians produced a duplicate copy. Upon this evidence the treaty was ratified, and was proclaimed May 17, IS24.
224. Chickasaw and Creek Treaties .- July 23, 1805, James Robertson and Silas Dinsmoor concluded with the Chickasaws a treaty relin- quishing all claims north of Duck River and east of the Tennessee, and all the disputed tracts on Elk River. A tract one mile square on Tennessee River, at the mouth of Duck River, was reserved for Okoye-marked on the map 25. The consid- eration for this cession was $20,000, to be paid by the United States to the tribe, and $1,000 each to be paid Colbert and Okoye, and an annuity to Chinnubbe, king of the tribe. The portion of this cession north of the mouth of Duck River is shown on the map, marked 8. In order to extinguish all PUSHMATAHA - CHICKASAW CHIEF. adverse titles the United States subsequently pur- chased the claims of the Cherokees to the disputed tracts on Elk River, at which the Chickasaws took offense.2
In connection with this treaty with the Chickasaws an amusing correspondence is recorded which illustrates some of the methods used in dealing with the Indians. After examining the accounts, the Secretary of War, Henry Dearborn, wrote to General Robertson : " Among otte: extraordinary articles for an Indian treaty in the woods, for two commissioners, may be noticed raisins, anchovies, cinnamon, nutmegs, pickles, etc., amounting to near two hundred dollars." To this the commissioners replied that they never sat down to a meal with less than twenty-zice Indians at the table. They added : "When Indians eat, they eat indeed." "One Iadias can eat enough at one meal to last him a week. Whoever should see old Puckshunubbe. c'd Mussulatubbe, old Pushmataha, or a score of these old Falstaffs in the woods at a feast. would suppose they were indeed eating a last meal."3
In the same year, ISO5, Return J. Meigs and Daniel Smith concluded a treaty with the Creeks by which the Creeks, in consideration of fourteen thousand dollars, released all claims to lands in Tennessee. These lands, being in dispute, were acquired by treaties with the Cherokees. and are shown on the map under the Cherokee cessions.
225. Third Treaty of Tellico .- Daniel Smith and Return J. Meigs concluded a treaty with the Cherokees, at Tellico Block House, October 25, ISo5, by which a tract of land was ceded, lying in Kentucky and Tennessee. The portion in Tennessee is shown on the annexed
I Haywood, pp. 33. 34 ; Report of Bureau of Ethnology, 1893-1884, pp. 174-193.
2 Report of Bureau of Ethnology, pp. 195, 195; Putnam, pp, 569-571 ; pos! paragraphs 240 and 241.
3 Putnam, pp. 574, 575.
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HISTORY OF TENNESSEE.
map, marked 9.1 For this cession the United States agreed to pay $14,000, and an annuity of $3,000.
226. Fourth Treaty of Tellico .- Two days later, October 27, 1805, another treaty was concluded between the same parties at the same place. In the former treaty the Indians had reserved several small tracts around spots to which they were especially attached. In order to show the purpose of the parties, and to give a specimen of the form of Indian treaties, this treaty is given below in full, omitting the caption and siguatures:
"ARTICLE I. Whereas, it has been represented by the one party to the other, that the section of land on which the garrison of Southwest Point stands, and which extends to King- ston, is likely to be a desirable place for the Assembly of the State of Tennessee to convene at, (a committee from that body now in session having viewed the situation), now, the Cherokee, being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes and not for individual advantages, reserving the ferries to themselves, quit claim, and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee above the mouth of Clinch.
"ARTICLE II. And, whereas, the mail of the United States is ordered to be carried from Knoxville to New Orleans, through the Cherokee, Creek, and Choctaw countries; the Chero- kees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbee, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way ; and the time of doing the business the Cherokees shall be notified of.
"ARTICLE III. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians sixteen hundred dollars, in money or useful merchan- dise at their option, within ninety days after the ratification of this treaty.
"ARTICLE IV. This treaty shall be obligatory between the contracting parties as soon as it is ratified by the President, by and with the consent of the Senate, of the United States. In testi- timony whereof," etc."
227. Dearborn's Treaty .- At Washington City, Henry Dearborn, Secretary of War, con- cluded a treaty with the Cherokees, January 7, 1806, which was proclaimed by the President, May 23, 1807. By this treaty the Cherokees ceded to the United States an extensive tract, lying in Mis- sissippi, Alabama, and Tennessee. The portion of this cession lying in Tennessee, south of Duck River, is shown on the annexed map, marked 12. By this treaty the Cherokees also ceded Long Island, in Holston River. This cession is marked 13 on the annexed map. In consideration of these cessions, the United States agreed to pay ten thousand dollars, and further agreed as fol- lows : " That a gristmill shall, within one year from date hereof, be built in the Cherokee country for the use of the nation, at such place as shall be considered most convenient; that the said Cherokees shall be furnished with a machine for cleaning cotton ; and, also, that the old Cherokee chief, called the Black Fox, shall be paid annually one hundred dollars by the United States during his life."
228. Robertson and Meigs' Treaty .- This treaty was held on Chickasaw Island, in Ten- nessee River, and was concluded with the Cherokees by James Robertson and Return J. Meigs, September 11, 1807, and was proclaimed April 22, 1808. It was merely an elucidation of former treaties, and made no additional cessions of land. In consideration of concessions made by the Indians on the points in dispute, the United States agreed to pay them two thousand dollars, and accorded them the privilege of hunting in the ceded territory. There was also a secret article that one thousand dollars and two rifles should be given to the chiefs who negotiated the treaty.
229. The Capitulation of the Creeks .- Following the crushing blow administered to the Creeks at Tohopeka, Gen. Andrew Jackson dictated to them a treaty which was concluded August 9, 1814. Of the land ceded by the Creeks, no portion was within the limits of Tennessee, but this treaty had an important influence on the history of the State.
230. Sundry Treaties with the Cherokees. - George Graham, Commissioner of the United States, concluded two treaties with the Cherokees March 22, ISI6. The first ceded land in South Carolina, for which the State of South Carolina agreed to pay five thousand dollars. The second made no cession of land, but contained important stipulations with reference to boundaries, con-ceding to the United States the free navigation of all rivers in Cherokee territory,
1 Haywood, p. 34: Report of Bureau of Ethnology, 1883-1584. pp. 183-190.
2 The cessions made by this treaty are shown in the map, marked 10 and Ir. Scott's Edition Laws of Tennessee, Vol. II, pp. 820. 821.
135
THE INDIAN TREATIES.
and the right to open and use roads free of charge. For these concessions, and to reimburse the Indians for losses, etc., the United States agreed to pay twenty-five thousand dollars.
Gen. Andrew Jackson, Gen. David Meriwether, and Jesse Franklin, Commissioners of the United States, concluded with the Cherokees a treaty, at the Chickasaw Council House, Septem- ber 14, 1816. By this treaty the Cherokees ceded a large tract in Georgia, for which they received five thousand dollars in cash, and an annuity of six thousand dollars for ten years. This treaty was ratified by the Cherokee Nation, at Turkeytown, October 4, 1816, and was proclaimed Decem- ber 30, 1816. By these treaties no cession of land was made within the limits of Tennessee.
231. Jackson and McMinn's Treaty .- This name has been given in Tennessee to the treaty concluded at the Cherokee Agency, July 18, 1817, between Andrew Jackson, Joseph Jic- Minn, and David Meriwether with the Cherokees. By this treaty a tract of land was ceded !: 1 Tennessee, marked 14. provision was made for a census of the Cherokee Nation, and inducemeats were offered for the removal of the Cherokees west of the Mississippi River. The United States agreed to cede to the Cherokees who should remove a tract of land, north of the Arkansas River, equal in area to the cessions made by the Cherokees in this treaty, to bear the expense of removal. to give each " poor warrior one rifle gun and ammunition, one blanket, one brass kettle, or, in fieu of the brass kettle, a beaver trap," to pay for all improvements on the real estate left behind. and to have a census of the tribe taken, in accordance with which all who removed west should receive their proportional shares of all annuities granted the tribe by previous treaties. Provis- ion was also made for granting to each head of a Cherokee family residing within the ceded terri- torry a tract of six hundred and forty acres, on condition of his becoming a citizen of the United States.
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