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two years. If the law was not misconceived, the idle doctrine could never go abroad, that the concern of the army lay folely in the king. The houfe which voted the payment fhould have the regulation of that army. For this purpofe he would therefore fuggeft a mode, which, if properly underflood, would fmooth thofe difficulties which feemed to retard the queftion. It was evident there must be a fupreme head for the regulation of the military of the empire; and that could appertain to no other but the king; his idea therefore was, that, instead of many, the houfe thould adopt one claute, which entirely kept clear of the English mutiny act, instead of adhering word for word to it; this was the adop tion of the articles of war as now exercifed by the king in this country. He therefore moved, That his majesty's army in this country fhould be regulated by fuch laws as the king has made or may make, provided they don't extend to life or Hab of the subject; and that the members of all courts-martial do take the following oath: [Here follows the oath ufually taken on all Courts martial.] He would decline, he faid, reciting the articles. The king was a boundary between the two states; and was there a gentleman in that house who would wish to go farther than forming the channel of union which might bring both countries to a permanent efteem.

Mr. Monk Mafon feconded the motion.

Mr. Grattan rofe to know from the right hon. gentleman, by what authority thefe articles were made?

Mr. Fofter faid, it was a delegation of power from the parliament to the king, for the regulation of his army.

Mr. Grattan could not be filent when any member of that houfe departed from the ufual language of legiflation. The right hon. gentle man's claufe lengthened out to the full could have but this meaning; that the prefent articles of war should be ratified into a law, which admitted their power to bind this kingcom-and recognized the power of the English to make laws for this country. If he meant this, it was a furrender of the ith conftitution by implicati on: But this was no time to introduce fuch a doctrine--the old tyrant was expired-and we were now under a neceffity to pais a declaration of right in regard to the army; for it was evi dent the army was not, at present, fubject to any at of mutiny or defertion; and if the king was to govern the army of Ireland, he must govern it by the law of Ireland, He therefore would op pole the amendment as dangerous to the freedom of this country.

Mr. Parned thought this an act of recognition, and not legiflation; it was adopting the rule by which the king derived his right to the crown of Ireland. It was adopting the language, but not the act of the English parliament.

Mr. Bushe said, he was proud of following the advice of one of the gentlemen at the head of the army, who faid they should adopt the very form of the English. But when adminiftration had brought fuch a claufe in oppofition

Mr. Fofter declared it to be merely his own fatiments, and not the measure of adminiftra tion.

Mr. Bule was happy to find it so limited, as

administration would not confequently vote with the right hon. gentleman for the amendment. What policy could it be to quit the words of the muting bill and adopt the prefent? Was it not telling that house that it was free, and England, that the Irish were willing to be flaver? It was going into crooked paths to lofe theinfelves. Was it poffible that this bill could be less acceptable to the English, because it was in the fame words of the English act? for it should be in the fame words that the difference might be the lef apparent. He could not help thinking the right hon. gentleman fingular in this refpect, as he had not advanced an argument of any weight to support him. The ith had been already fufficient ly moderate-they had forborne, almost every thing in moderation. The queftion came now to one point, which was to know, if they were to enact laws for themselves. It was impoffible they could fuffer anather deviation,-if they fut mitted themieives to be any thing worse, they were faves.

Colonel Burton faid, as the circumstances in the two nations differed, the law fhould alfo differ, in order to give his majesty authority to alter the articles of war; that this was not fubflituting prerogative to law, but adopting a long established mode of governing the army by law. For the three years after the peace of Ryfwick, there was no mutiny and defertion law in Ea gland; how could the army of Great Britain then have exifted, if the king had not had power to make martial law, not extending to life or limb ?

Mr. Grattan asked the right hon. gentleman who had moved the amendment, what ill confequences would attend the adhering literally to the English law?

Mr. Fofter faid, the claufe he had moved for did not furrender an atom of the right of Ireland; if fo, he would be the last man to propofe it, as no man in the house would allert the conftitution of this kingdom more than he would.

Mr. Grattan defired the right hon. gentleman to fay, how would this kingdom be involved in any difficulty by adhering to the English law Does the gentleman mean, continued he, to transfer the power over the army of this country for 18 months to theiparliament of Great Britain

Sir Hercules Langrithe fpoke in favour of the amendment, and faid, that agreeing to it did by Do means leave the conflitution unguarded."

General Cuninghame faid, he was still of the fame opinion he was on a former day, that much ill confequences might enfue if the Irish mutiny bill was not the fame as in England; and the neceflity of enacting an Irith mutiny law was evident, as it feems almoft the unanimous fenfe of the houfe that English laws have no force in this kingdom. That though he held an employment under the crown, he was no flare to party, and was in no cabal with government againf this his country. He thought the army should be governed by the lame law all over the empire and was therefore for any amendment that should empower us to adopt any future regulation for the government of the army that might be made in England.

Sir John Blaquiere fpoke in favour of the amendment, but aked, the amendment was agreed

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agreed to, would adminiftration support it and give no further oppofition to the bill?

Sir Richard Heron faid, he should adhere to the declaration he had made before, to give it every oppofition in his power in all its ftages.

Mr. Fofter faid, we must not on this occafien look up to adminiflration, but to ourselves esly; the claufe I propofe is to facilitate its progrefs.

Mr. Yelverton made feveral pertinent obfervations on the mutiny act and articles of war, by which he proved the abfolute neceffity of re-enacting the English law, word for word; after which he said, that was the right hon. gentlemac, who faid he would continue to oppole in all its stages a law which afferted the power of the Irish legiflature, any other than an alien by birth, as well as by affection to this country, he would, for fuch a declaration, move his immediate expulsion. He then remarked the mad neis, as well as folly of British inin fters, who expected to enforce English laws in this kingdom, when, even to execute decrees made by the King's-bench in England, on writs of error from the King's-bench of Ireland, they were obliged to apply back again to the Irish court for power.

When the king of Great Britain, continued be, was advised by his ministers to touch with his fceptre che law that declared Ireland Daves, the declaratory act of the 6th of George I. he broke the imperial crown of Ireland into as many pieces as there are people in Great Britain. Let

then gather up the fcattered fragments, and with them form a diadem worthy our fover eiga's brows, instead of the hateful wreath of vfurpation which has to lung encircled them.

We have, this whole important feffion, purfged a fyftem of moderation, but after the declaration made this day in the house, all mode. ration mul end, out then, we will proceed with caution, and firft fecure to Ireland the defence and protection of the army the pays.

Mr. Fitzgibbon faid, the claufe ws. unnecefbry on the principles of the Endlift datute, for Le common law of Enginn gives no power to the crown to make articles of war.

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to attempt a feparation of the two kingdoms, he might indeed record a name, but like that of the incendiary who fired the temple, fuch name would be a monument of never-dying infamy.

The provoit faid, the bill, though worded exactly as the English one, contained nothing declaratory, and therefore was against the propofed claufe as an amendment. He then quoted a number of precedents where English laws were re-enacted here.

Mr. Forbes followed him, and inftanced the Irish mutiny bill paffed here in 1695, and which was a tranfcript of the English law; and, that the lord lieutenant then recommended the passing of it here; yet, fays he, king William and his minifters had no great tendernels for the conftitution; we must therefore, on every occafion, be explicit.

Capt. Burgh faid that the amendment propofed by his right hon. friend was the most justicious idea that could be conceived, and though gentlemen object to it, yet they argue for it,➡for they fay that the articles of war for this country hould be exactly the fame as thofe of England,

iurely then it follows that the mott certain way of obtaining that uniformity, is by adopting the law as propied by the amendment to go speci fically into each claute of the articles of war, then you run a chance of alterations in every clau'e. Is it wife then in those who think that the articles of war thould not be altered to go through a number of cures of alteration, instead of adopting a move that is at once explicit, and cannot alter them at ali

Mr. Grattan contended, that the amendment referred to English acts of pariment, and to oller countries over which this had no domicion: it is therefore unconftitutional.

Several gentlemen of ate have declared in this houfe, that they lamented the introduct on of constitution- queftions, though they declared their principles were in favour of them. I do not lament their introduction; I rejoice that they have been agitated! While I despite tuch timid, weak, and wavering declarations.

The palatable amendment propolo to you is a fineffe, and can be admitted only for its ambigu M. Chapman lid that every gentlemen ty or its mitchief. It is establishing a counterted with him in the neceflity of the mutiny petition of right; it is bribing his majesty to to prevent the dibanding of our army; he give affent to our mutiny bill, by giving him bad til the fame opinion; but 'twas very ex- prerogative denied him in England. It is raktradinary, that the gentlemen who propofed ing our army imperial, whereas that in Great and introduced the bill, had declared they had – Britain is parliamentary. Thole weak poiltici. stroduced lume claufes differing from the British ant leek by embarraffing the underlanding to let law, or not included in it, on purpose to make, prerogative above law. In this inftance there is sar bill appear to the British nation more necei- precedent and law against the claule. fary, and more eligible; and yet the tame gen terea now object to the amendinent, becaule it makes a small variation, because not in the precile terms and words of the British act of parlia. cat. The hon. gentleman (Mr. Fizg bbon) fay our bill is more palatable without this amend sent, but the minifter of this houle fays, the

will be more agreeable with the amendment -Who can hesitate which of the gentlemen ught to le relied on in this point-lurely the

er. He therefore voted for the amendment, is ender to inture the bill to come back. No patiemas, he hoped, could carry this idea farter; if any perfon fhould be found bafe enough

Mr. Hulley Burgh poke against the claufe, and remarked that the minifter had flopped alt approbation to it, by declaring that both it and the bill fhould be oppofed.

The debate now became languid and defultory, after which the question being put on the amendment; there appeared,

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From the LONDON GAZETTE. poffible that fortune would have favoured the gallantry of the handful of troops under my command: but being affured by your Excellency's letters, that every poffible means would be tried by the navy and army to relieve us, I could not think myself at liberty to venture on either of thofe defperate attempts; therefore, after remaining two days in a ftrong pofition in front of this place, in hopes of being attacked, upon obferving that the enemy were taking meafures which could not fail of turning my flank

Whitehall, December 18, 1781. Extract of a Letter from Sir Henry Clinton to the Right Honourable Lord George Germain, received, on the 16th inftant, by Lord Dalrym ple, who arrived in the Swallow Packet, which left New York the 17th of November. New York, Nov. 13, 1981.

My Lord, 'N my laft difpatch I had the honour to acquaint in a fhort time; and receiving, on the fecond

my refpecting evening your letter of of September,

fate of the army in Virginia.

It now gives me the deepest concern to inform you, that they were but too well founded, as your lordship will perceive by lord Cornwallis's Jetter to me of the 20th ult. a copy of which, and the papers accompanying it, being incloled for your information.

Had it been poffible for the feet to have failed from hence at the time it was first imagined they would have been able to do, I have not the leaft doubt that lord Cornwallis would have been relieved by the joint exertions of the navy and army; and I therefore cannot fufficiently lament that they could not have been made fooner.

Your lordship will be informed by lord Cornwallis's letter to me, (a copy of which accom panies this difpatch) of the force that was oppofed to his lordship in Virginia; befides which, by rebel accounts, which I have the honour to inclofe for your lorchhip's information, general Greene feems fill to have an army acting in that quarter; and there are, at this inflant, above 3000 Continental troops at Weft Point, and in its vicinity.

My dilpatches will be delivered to your lord ip by lord Dairymple; and I cannot part with his lordship, without teftifying to you the high epinion I have of his merit, and toy entire approbation of his conduct bince he has been on this fervice, acting as one of my aides de camp, having always fhewn the greatest attention to me, and highly diftinguishes his fprit, by attending as a volunteer upon every expedition and csurfion which have taken place fince his being here.

Copy of a Letter from Lieutenant General Earl
Cornwallis to Sir Henry Chinten, dated Yak
Town in Virginia, Odober 20, 1781.

I have the mortification to inform your exgellency, that I have been forced to give up the pofts of Yok and Gloucefter, and to furrender the troops under thy command, by capitulation, on the 19th inftant, as prifoners of war to the combined forces of America and France.

I never faw this port in a very favourable light; but when I found I was to be attacked in it, in fo unprepared a state, by fo powerful an army and artillery, nothing but the hopes of belief would have induced me to attempt its defence; for I would either have endeavoured to elcape to New York, by rapid marches, from the Gloucetter fide, immediately on the arrival of General Wathington's troops at Williamburgh, or I would, notwithstanding the disparity of numbers, have attacked them in the open field, where it might have been jub

informing me, that the relief would fail about the 5th of October, I withdrew within the works on the night of the 29th of September, hoping, by the labour and firmnefs of the foldiers, to protract the defence until you could arrive.

Every thing was to be expected from the fpirit of the troops, but every disadvantage attended their labour, as the works were to be continued under the enemy's fire, and our flock of intrenching tools, which did not much exceed 400, when we began to work in the lat ter end of Auguft, were now much diminished.

The enemy broke ground on the night of the 30th, and conflructed, on that night and the two following days and nights, two redoubts, which, with fome works that had belonged to our outward pofition, occupied a gorge between two. creeks ar ravines, which came from the On the night river on each fide of the town. of the 6th of October they made their first parallel, extending from its right on the river to a deep ravine on the left, nearly oppofite to the center of this place, and embracing our whole left, at the diftance of 600 yards. Having perfected this parallel, their batteries opened on the evening of the 9th against our left, and other batteries fired at the fame time again.ft a redoubt advanced over the creek upon our right, and defended by about 120 men of the 23d regiment and marines, who maintained that post with uncommon gallantry. The fire continued inceffant from heavy cannon, and from mortars and howitzers, throwing thells from eight to fixteen inches, until all our guns works much on the left were filenced, our dimaged, and our lofs of men confiderable. On the night of the 11th they began their fecond parallel, about 300 yards nearer to us. The troops being much weakened by sickness, as well as by the tire of the befiegers, and obferving that the enemy had not only fecured their flanks, but proceeded in every respect with the utmoft regularity and caution, I could noc venture fo large forties as to hope from them any confiderable effect; but otherwife I did every thing in my power to interrupt this work, by opening new embrazures for guns, and keeping up a conftant fire with all the howitzers, and fall mortars that we could man. On the evening of the 14th, they allaulted and carried two redoubts that had been advanced about 300 yards, for the purpose of delaying their approaches, and covering our left flank, and during the night included them in their fecond parallel, on which they continued to work with the utmost exertion. Being perfectly fenfible that our

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works could not stand many hours after the epening of the batteries of that parallel, we not only continued a conftant fire, with all our mortars, and every gun that could be brought to bear upon it; but, a little before day-break on the morning of the 16th, I ordered a fortie of about 350 men, under the direction of Lieumant-Colonel Abercromby, to attack two batteries which appeared to be in the greatest forwardness, and to spike the guns. A detachBest of guards, with the 80th company of grenadiers, under the command of LieutenantColonel Lake, attacked the sne; and one of light infantry, under the command of Major Armstrong, attacked the other; and both fucceeded, by forcing the redoubts that covered them, fpiking 11 guns, and killing or wounding about 100 of the French troops, who had the guard of that part of the trenches, and with little lofs on our fide. This action, though extremely honourable to the officers and foldiers who executed it, proved of little public advan tage; for the cannons having been spiked in a hurry, were foon rendered fit for fervice again, and before dark, the whole parallel and batteries appeared to be nearly complete. At this time we knew that there was no part of the whole freat attacked, in which we could fhew a fingle gun, and our fhells were nearly expended. Thad therefore only to chufe between preparing to furrender, the next day, or endeavouring 5 get off with the greatest part of the troops; and 1 determined to attempt the latter; reflecting, that though it thould prove unfuccefstul in is mediate object, it might at least delay the enemy in the prosecution of further enterprizes, Sizteen large boats were prepared, and upon ether pretexts were ordered to be in readiness to receive the troops precifely at ten o'clock during the night, abandoning our baggage, and leaving a detachment to capitulate for the towa's people, and for the fick and wounded; oa which subject a letter was ready to be delivered to General Washington. After making my arrangements with the utmoft fecrecy, the light infantry, greatest part of the guards, and part of the 23d regiment, embarked at the hour appointed, and moll of them landed at Gloucefter; but at this critical moment the weather, from being mode ate and calm, changed to a moft violent form of wind and rain, and drove all the boats, fome of which had troops on board, down the river. It was foon evident that the intended pallage was impracticable, and "the abfence of the boats rendered it equally impoffible to bring back the troops that had paffed, which I had ordered about two o'clock in the morning. In this situation, with my little force divided, the enemy's batteries opened at day break. The paffage between this place and Gloucefter was much expoled; but the boats having now returped, they were ordered to bring back the troops that had pafled during the night, and they joined us in the forenoon without much loss.

Our works in the mean time were going to rara: and not having been able to strengthen them by abbatis, nor in any other manner than by a flight frailing, which the enemy's artillery were demolishing wherever they fired, my opini

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on entirely coincided with that of the engineer and principal officers of the army, that they were in many parts affailable in the forenoon, and that by the continuance of the fame fire for a few hours longer, they would be in fuch a fate as to render it defperate with our numbers to attempt to maintain them. We at that time could not fire a fingle gun, only one eight-inch, and a little more than one hundred cohorn fhells remained; a diverfion by the French fhips of war, that lay at the mouth of York river, was to be expected; our numbers had been diminished by the enemy's fire, but particularly by fickness; and the strength and fpirits of thofe in the works were much exhaufted by the fatigue of conitant watching and unremitting duty. Under all thefe circumstances I thought it would have been wanton and inhuman to the last degree to facrifice the lives of this fmall body of gallant foldiers, who had ever behaved with so much fidelity and courage, by exposing them to an affault, which, from the numbers and precautions of the enemy, could not fail to fucceed. I therefore proposed to capi tulate; and I have the honour to inclose to your excellency the copy of the correspondence between gen. Washington and me on that fubject, and the terms of capitulation agreed upon. I fincerely lament that better could not be obtained, but I have neglected nothing to alleviate the misfortunes and diftreffes of both officers and foldiers. The men are well clothed and provided with neceffaries, and I trust will be regularly fupplied, by the means of the officers that are permitted to remain with them. The treatment in general that we have received from the ene my, fince our furrender, has been perfectly good and proper; but the kindness and attention that has been fhewn to us by the French officers is particular, their delicate fenfibility of our fituation, their generous and preffing offers of money, both public and private, to any amount, has really gone beyond what I can poffibly defcribe, and will, hope, make an impreffion on the breast of every British officer, whenever the fortune of war fhould put any of them into our power.

Although the event has been fo unfortunate, the patience of the foldiers in bearing the greateft fatigues, and their firmnels and intrepidity under a perfevering fire of thot and fhells that I believe has not been exceeded, deserved the higheft commendation and praife.

A fuccefsful defence however in our fituation was perhaps impoffible, for the place could only be reckoned an intrenched camp, fubject in most places to enfilade, and the ground in general fo eifadvantageous that, nothing but the neceffity of fortifying it as a poll to protect the navy, could have induced any perion to erect works upon it; our force diminished daily by fickness, and other loffes, and was reduced when we offered to capitulate, on this fide, to little more than 3.200 rank and file fit for duty, including officers, fervants, and artificers; and at Glowcefter about 600, including cavalry. The end my's army confifted of upwards of 8000 French, nearly as many continentals, and goco militia. They brought an immenfe train of artillery, molt amply furnished with ammunition, and pe fectly well manped, The copiam and univerfal

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chearfulness and spirit of the officers, in all hardfhip and danger, deferve my warmeft acknowledgments; and I have been particularly indebted to brigadier general O'Hara, and to lieutenant colonel Abercromby, the former commanded on the right, the latter on the left, for their atten tion and exertion on every occafion. The detachment of the 23d regiment and marines in the redoubt on the right, commanded by captain Apthorpe, and the fubfequeat detachments commanded by lient, col. Johnfon, deferve particular commendation. Capt. Rochfort, who commanded the artillery, and indeed every officer and foldier of that diftinguithed corps, and lieutenant Sutherland, commanding engineer, have merited my highest approbation; and I cannot fuffi. ciently acknowledge my obligatione to captain Symonds, who commanded his majesty's fhips, and to the other officere and feamen of the navy, for their zealous and active co-operation.

I tranfmit returns of our killed and wounded; the loss of feamen and town's people was likewife confiderable.

I trust that your excellency will please to haft. en the return of the Bonetta after landing her paffengers, in compliance with the article of capitulation.

Lieutenant colonel Abercromby will have the bonour to deliver this difpatch, and is well qualified to explain to your excellency every particuJar relating to our paft and prelent fituation. I bave the honour to be, &c. (Signed)

CORNWALLIS. Copy of a letter from lieutenant general earl Cornvallis to general Washington, dated York, in Virginia, October 17, 1781.

SIR,

1 propofe a ceflation of hotilities for twentyfour hours; and that two officers may be appoint ed by each fide, to meet at Mr. Moore's houfe, to fettle terms for the furrender of the pofts of York and Gloucefter. I have the honour to be, &c.

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MY LORD,

I have had the honour of receiving your lord. Thip's letter of this date.

An ardent defire to fpare the further effufion of blood will readily incline me to liften to fuch terms for the turrender of your poils, as are ad mifiible.

I wish, previous to the meeting of commiffio ners, that your lordship's propotals, in writing, may be fent to the American lines; for which purpose, a fufpenfion of hoftilities, during two hours from the delivery of this letter, will be granted. I have the honour to be, &c.

(Sigoed)

GEO. WASHINGTON.

Copy of a letter from earl Cornwallis, to general Wafbington, dated York in Virginia, Oct. 17, 1781. Half past four P. M.

SIR,

I have this moment been honoured with your sxcellency's letter, dated this day, The time limited for feading my snfwer will not admit of entering into the detail of articles; but the bake

of my propofals will be, that the garrisons of York and Gloucester fhall be prifoners of war with the caftomary honours; and for the convenience of the individuals which I have the ho nour to command, that the British fhall be fent to Britain, and the Germans to Germany, under engagement not to lerve against France, America, or their allies, until released, or regularly exchanged; that all arms and public ftores fhall be delivered up to you; but that the ufual induigence of fide-arms to officers, and of retain ing private property, ball be granted to officers and foldiers; and that the interefts of feveral individuals in civil capacities, and connected with as, fhall be attended to.

If your excellency thinks that a continuance of the fufpenfion of hotdities will be neceffary to tranfmit your answer, I shall have no objecti on to the hour that you may propofe.

CORNWALLIS.

I have the honour to be, &c. (Signed) Copy of a letter from general Wafbington to liew tenant general Cornwallis, dated Camp before Tork, Glober 18, 1781.

MY LORD,

To avoid unneceffary difcuffions and delays, I shall at once, in antwer to your lordship's letter of yesterday, declare the general bafis upon which a definite treaty of capitulation may take place.

The garrifons of York and Gloucester, includ ing the feamen as you propofe, fhall be received prifoners of war. The condition annexed of fending the British and German troops to the parts of Europe to which they respectively be long, is inadimiffible; inflead of this, they will be marched to fuch parts of the country as can moft conveniently provide for their fubullence; and the benevolent treatment of prifoners, which ia invariably obferved by the Americans, will be extended to them. The fame honours will be granted to the furrendering army, as were granted to the garrifon of CharleЯowo.

The thipping and boats in the two harbours, with all their guns, ftores, tackling, furniture, ftate to an officer of the navy appointed to take and apparel, fhall be delivered in the prelent poffeffion of them.

The artillery, arms, accoutrements, military cheft, and public ftores of every denomination fhall be delivered, unimpaired, to the heads of departments to which they refpectively belong.

The officers fhall be indulged in retaining their fide-arms; and the officers and toldiers may preferve their baggage and effects, with this referve, that property taken in the country will be reclaimed."

With regard to the individuals in civil capas be attended to, until they are more particularly cities, whofe interest your lordship wishes may defcribed, nothing definitive can be fettled.

I have to add, that I expect the fick and wounded' will be fupplied with their own hofpital ftores, and be attended by British surgeons, particularly charged with the care of them.

Your lordship will be pleased to fignify your determination either to accept or reject the propoials now offered in the course of two hours from the delivery of this letter, that commiffismere may be appointed to digest the articles of capitulation,

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