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CHOCTAW DANCING RABBIT TREATY


Treaty between U.S. and the Old Choctaw Nation (Mississippi)
"The Dancing Rabbit Creek Treaty"

September 15,1830

A treaty of perpetual friendship, cession and limits, entered into by John
H. Eaton and John Coffee, for and in behalf of the Government of the United
States, and the Mingoes, Chiefs, Captains and Warriors of the Choctaw
Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of
September, in the year eighteen hundred and thirty.

WHEREAS the General Assembly of the State of Mississippi has extended the
laws of said State to persons and property within the chartered limits of
the same, and the President of the United States has said that he cannot
protect the Choctaw people from the operation of these laws; Now therefore
that the Choctaw may live under their own laws in peace with the United
States and the State of Mississippi they have determined to sell their
lands east of the Mississippi and have accordingly agreed to the following
articles of treaty:

ARTICLE I. Perpetual peace and friendship is pledged and agreed upon by and
between the United States and the Mingoes, Chiefs, and Warriors of the
Choctaw Nation of Red People; and that this may be considered the Treaty
existing between the parties all other Treaties heretofore existing and
inconsistent with the provisions of this are hereby declared null and void.

ARTICLE II. The United States under a grant specially to be made by the
President of the U.S. shall cause to be conveyed to the Choctaw Nation a
tract of country west of the Mississippi River, in fee simple to them and
their descendants, to insure to them while they shall exist as a nation and
live on it, beginning near Fort Smith where the Arkansas boundary crosses
the Arkansas River, running thence to the source of the Canadian fork; if
in the limits of the United States, or to those limits; thence due south to
Red River, and down Red River to the west boundary of the Territory of
Arkansas; thence north along that line to the beginning. The boundary of
the same to be agreeably to the Treaty made and concluded at Washington
City in the year 1825. The grant to be executed so soon as the present
Treaty shall be ratified.

ARTICLE III. In consideration of the provisions contained in the several
articles of this Treaty, the Choctaw nation of Indians consent and hereby
cede to the United States, the entire country they own and possess, east of
the Mississippi River; and they agree to move beyond the Mississippi River,
early as practicable, and will so arrange their removal, that as many as
possible of their people not exceeding one half of the whole number, shall
depart during the falls of 1831 and 1832; the residue to follow during the
succeeding fall of 1833; a better opportunity in this manner will be
afforded the Government, to extend to them the facilities and comforts
which it is desirable should be extended in conveying them to their new
homes.

ARTICLE IV. The Government and people of the United States are hereby
obliged to secure to the said Choctaw Nation of Red People the jurisdiction
and government of all the persons and property that may be within their
limits west, so that no Territory or State shall ever have a right to pass
laws for the government of the Choctaw Nation of Red People and their
descendants; and that no part of the land granted them shall ever be
embraced in any Territory or State; but the U.S. shall forever secure said
Choctaw Nation from, and against, all laws except such as from time to time
may be enacted in their own National Councils, not inconsistent with the
Constitution, Treaties, and Laws of the United States; and except such as
may, and which have been enacted by Congress, to the extent that Congress
under the Constitution are required to exercise a legislation over Indian
Affairs. But the Choctaws, should this treaty be ratified, express a wish
that Congress may grant to the Choctaws the right of punishing by their own
laws, any white man who shall come into their nation, and infringe any of
their national regulations.

ARTICLE V. The United States are obliged to protect the Choctaws from
domestic strife and from foreign enemies on the same principles that the
citizens of the United States are protected, so that whatever would be a
legal demand upon the U.S. for defence or for wrongs committed by an enemy
, on a citizen of the U.S. shall be equally binding in favor of the Choctaws,
and in all cases where the Choctaws shall be called upon by a legally
authorized officer of the U.S. to fight an enemy, such Choctaw shall
receive the pay and other emoluments, which citizens of the U.S.
receive in such cases, provided, no war shall be undertaken or prosecuted
by said Choctaw Nation but by declaration made in full Council, and to be
approved by the U.S. unless it be in self defence against an open rebellion
or against an enemy marching into their country, in which cases they shall
defend, until the U.S. are advised thereof.

ARTICLE VI. Should a Choctaw or any party of Choctaws commit acts of
violence upon the person or property of a citizen of the U.S. or join any
war party against any neighbouring tribe of Indians, without the authority
in the preceeding article; and except to oppose an actual or threatened
invasion or rebellion, such person so offending shall be delivered up to an
officer of the U.S. if in the power of the Choctaw Nation, that such
offender may be punished as may be provided in such cases, by the laws of
the U.S.; but if such offender is not within the control of the Choctaw
Nation, then said Choctaw Nation shall not be held responsible for the
injury done by said offender.

ARTICLE VII. All acts of violence committed upon persons and property of
the people of the Choctaw Nation either by citizens of the U.S. or
neighboring Tribes of Red People, shall be referred to some authorized
Agent by him to be referred to the President of the U.S. who shall examine
into such cases and see that every possible degree of justice is done to
said Indian party of the Choctaw Nation.

ARTICLE VIII. Offenders against the laws of the U.S. or any individual
State shall be apprehended and delivered to any duly authorized person
where such offender may be found in the Choctaw country, having fled from
any part of U.S. but in all such cases application must be made to the
Agent or Chiefs and the expense of his apprehension and delivery provided
for and paid by the U. States.

ARTICLE IX. Any citizen of the U.S. who may be ordered from the Nation by
the Agent and constituted authorities of the Nation and refusing to obey or
return into the Nation without the consent of the aforesaid persons, shall
be subject to such pains and penalties as may be provided by the laws of
the U.S. in such cases. Citizens of the U. S. travelling peaceably under
the authority of the laws of the U.S. shall be under the care and
protection of the nation.

ARTICLE X. No person shall expose goods or other article for sale as a
trader, without a written permit from the constituted authorities of the
Nation, or authority of the laws of the Congress of the U.S. under penalty
of forfeiting the Articles, and the constituted authorities of the Nation
shall grant no license except to such persons as reside in the Nation and
are answerable to the laws of the Nation. The U.S. shall be particularly
obliged to assist to prevent ardent spirits from being introduced into the
Nation.

ARTICLE XI. Navigable streams shall be free to the Choctaws who shall pay
no higher toll or duty than citizens of the U.S. It is agreed further that
the U.S. shall establish one or more Post Offices in said Nation, and may
establish such military post roads, and posts, as they may consider
necessary.

ARTICLE XII. All intruders shall be removed from the Choctaw Nation and
kept without it. Private property to be always respected and on no occasion
taken for public purposes without just compensation being made therefor to
the rightful owner. If an Indian unlawfully take or steal any property from
a white man a citizen of the U.S. the offender shall be punished. And if a
white man unlawfully take or steal any thing from an Indian, the property
shall be restored and the offender punished. It is further agreed that when
a Choctaw shall be given up to be tried for any offence against the laws of
the U.S. if unable to employ counsel to defend him, the U.S. will do it,
that his trial may be fair and impartial.

ARTICLE XIII. It is consented that a qualified Agent shall be appointed for
the Choctaws every four years, unless sooner removed /P/ by the President;
and he shall be removed on petition of the constituted authorities of the
Nation, the President being satisfied there is sufficient cause shown. The
Agent shall fix his residence convenient to the great body of the people;
and in the selection of an Agent immediately after the ratification of this
Treaty, the wishes of the Choctaw Nation on the subject shall be entitled
to great respect.

ARTICLE XIV. Each Choctaw head of a family being desirous to remain and
become a citizen of the States, shall be permitted to do so, by signifying
his intention to the Agent within six months from the ratification of this
Treaty, and he or she shall thereupon be entitled to a reservation of one
section of six hundred and forty acres of land, to be bounded by sectional
lines of survey; in like manner shall be entitled to one half that quantity
for each unmarried child which is living with him over ten years of age;
and a quarter section to such child as may be under 10 years of age, to
adjoin the location of the parent. If they reside upon said lands intending
to become citizens of the States for five years after the ratification of
this Treaty, in that case a grant in fee simple shall issue; said
reservation shall include the present improvement of the head of the
family, or a portion of it. Persons who claim under this article shall not
lose the privilege of a Choctaw citizen, but if they ever remove are not to
be entitled to any portion of the Choctaw annuity. /Q/

ARTICLE XV. To each of the Chiefs in the Choctaw Nation (to wit) Greenwood
Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of
four sections of land, two of which shall include and adjoin their present
improvement, and the other two located where they please but on unoccupied
unimproved lands, such sections shall be bounded by sectional lines, and
with the consent of the President they may sell the same. Also to the three
principal Chiefs and to their successors in office there shall be paid two
hundred and fifty dollars annually while they shall continue in their
respective offices, except to Mushulatubbe, who as he has an annuity of one
hundred and fifty dollars for life under a former treaty, shall receive
only the additional sum of one hundred dollars, while he shall continue in
office as Chief; and if in addition to this the Nation shall think proper
to elect an additional principal Chief of the whole to superintend and
govern upon republican principles he shall receive annually for his
services five hundred dollars, which allowance to the Chiefs and their
successors in office, shall continue for twenty years. At any time when in
military service, and while in service by authority of the U.S. the
district Chiefs under and by selection of the President shall be entitled
to the pay of Majors; the other Chief under the same circumstances shall
have the pay of a Lieutenant Colonel. The Speakers of the three districts,
shall receive twenty-five dollars a year for four years each; and the three
secretaries one to each of the Chiefs, fifty dollars each for four years.
Each Captain of the Nation, the number not to exceed ninety-nine,
thirty-three from each district, shall be furnished upon removing to the
West, with each a good suit of clothes and a broad sword as an outfit, and
for four years commencing with the first of their removal, shall each
receive fifty dollars a year, for the trouble of keeping their people at
order in settling; and whenever they shall be in military service by
authority of the U.S. shall receive the pay of a captain.

ARTICLE XVI. In wagons; and with steam boats as may be found necessary - -
the U.S. agree to remove the Indians to their new homes at their expense
and under the care of discreet and careful persons, who will be kind and
brotherly to them. They agree to furnish them with ample corn and beef, or
pork for themselves and families for twelve months after reaching their new
homes. /U/

It is agreed further that the U.S. will take all their cattle, at the
valuation of some discreet person to be appointed by the President, and the
same shall be paid for in money after their arrival at their /V/ new homes;
or other cattle such as may be desired shall be furnished them, notice
being given through their Agent of their wishes upon this subject before
their removal that time to supply the demand may be afforded.

ARTICLE XVII. The several annuities and sums secured under former Treaties
to the Choctaw nation and people shall continue as though this Treaty had
never been made.

And it is further agreed that the U.S. in addition will pay the sum of
twenty thousand dollars for twenty years, commencing after their removal to
the west, of which, in the first year after their removal, ten thousand
dollars shall be divided and arranged to such as may not receive
reservations under this Treaty. /X/

ART. XVIII. The U.S. shall cause the lands hereby ceded to be surveyed; and
surveyors may enter the Choctaw Country for that purpose, conducting
themselves properly and disturbing or interrupting none of the Choctaw
people. But no person is to be permitted to settle within the nation, or
the lands to be sold before the Choctaws shall remove. And for the payment
of the several amounts secured in this Treaty, the lands hereby ceded are
to remain a fund pledged to that purpose, until the debt shall be provided
for and arranged. And further it is agreed, that in the construction of
this Treaty wherever well founded doubt shall arise, it shall be construed
most favorably towards the Choctaws.

ARTICLE XIX. The following reservations of land are hereby admitted. To
Colonel David Fulsom four sections of which two shall include his present
improvement, and two may be located elsewhere, on unoccupied, unimproved
land. /Z/

To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn, Charles
Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two sections, each to include
their improvements, and to be bounded by sectional lines, and the same may
be disposed of and sold with the consent of the President. And that others
not provided for, may be provided for, there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty in number,
who during the present year, may have had in actual cultivation, with a
dwelling house thereon fifty acres or more. Secondly, three quarter
sections after the manner aforesaid to each head of a family not exceeding
four hundred and sixty, as shall have cultivated thirty acres and less than
fifty, to be bounded by quarter section lines of survey, and to be
contiguous and adjoining. /BB/

Third; One half section as aforesaid to those who shall have cultivated
from twenty to thirty acres the number not to exceed four hundred. Fourth;
a quarter section as aforesaid to such as shall have cultivated from twelve
to twenty acres, the number not to exceed three hundred and fifty, and one
half that quantity to such as shall have cultivated from two to twelve
acres, the number also not to exceed three hundred and fifty persons. Each
of said class of cases shall be subject to the limitations contained in the
first class, and shall be so located as to include that part of the
improvement which contains the dwelling house. If a greater number shall be
found to be entitled to reservations under the several classes of this
article, than is stipulated for under the limitation prescribed, then and
in that case the Chiefs separately or together shall determine the persons
who shall be excluded in the respective districts.

Fifth; Any Captain the number not exceeding ninety persons, who under the
provisions of this article shall receive less than a section, he shall be
entitled, to an additional quantity of half a section adjoining to his
other reservation. The several reservations secured under this article, may
be sold with the consent of the President of the U.S. but should any prefer
it, or omit to take a reservation for the quantity /CC/ he may be entitled
to, the U.S. will on his removing pay fifty cents an acre, after reaching
their new homes, provided that before the first of January next they shall
adduce to the Agent, or some other authorized person to be appointed, proof
of his claim and the quantity of it. Sixth; likewise children of the
Choctaw Nation residing in the Nation, who have neither father nor mother a
list of which, with satisfactory proof of Parentage and orphanage being
filed with Agent in six months to be forwarded to the War Department, shall
be entitled to a quarter section of Land, to be located under the direction
of the President, and with his consent the same may be sold and the
proceeds applied to some beneficial purpose for the benefit of said
orphans.

ARTICLE XX. The U.S. agree and stipulate as follows, that for the benefit
and advantage of the Choctaw people, and to improve their condition, their
shall be educated under the direction of the President and at the expense
of the U.S. forty Choctaw youths for twenty years. This number shall be
kept at school, and as they finish their education others, to supply their
places shall be received for the period stated. The U.S. agree also to
erect a Council House for the Nation at some convenient central point,
after their people shall be settled; and a House for each Chief, also a
Church for each of the three Districts, to be used also as school houses,
until the Nation may conclude to build others; and for these purposes ten
thousand dollars shall be appropriated; also fifty thousand dollars (viz.)
twenty-five hundred dollars annually shall be given for the support of
three teachers of schools for twenty years. Likewise there shall be
furnished to the Nation, three Blacksmiths one for each district for
sixteen years, and a qualified Mill Wright for five years; Also there shall
be furnished the following articles, twenty one hundred blankets, to each
warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand
axes, ploughs, hoes, wheels and cards each; and four hundred looms. There
shall also be furnished, one ton of iron and two hundred weight of steel
annually to each District for sixteen years. /EE/

ARTICLE XXI. A few Choctaw Warriors yet survive who marched and fought in
the army with General Wayne, the whole number stated not to exceed twenty.

These it is agreed shall hereafter, while they live, receive twenty-five
dollars a year; a list of them to be early as practicable, and within six
months, made out, and presented to the Agent, to be forwarded to the War
Department.

ARTICLE XXII. The Chiefs of the Choctaws who have suggested that their
people are in a state of rapid advancement in education and refinement, and
have expressed a solicitude that they might have the privilege of a
Delegate on the floor of the House of Representatives extended to them. The
Commissioners do not feel that they can under a treaty stipulation accede
to the request, but at their desire, present it in the Treaty, that
Congress may consider of, and decide the application.

Done, and signed, and executed by the commissioners of the United States,
and the chiefs, captains, and head men of the Choctaw nation, at Dancing
Rabbit creek, this 27th day of September, eighteen and thirty.

Jno. H. Eaton, (L.S.)
Jno. Coffee, (L.S.)
Greenwood Leflore, (L.S.)
Musholatubbee, his x mark, (L.S.)
Nittucachee, his x mark, (L.S.)
Holarterhoomah, his x mark, (L.S.)
Hopiaunchahubbee, his x mark, (L.S.)
Zishomingo, his x mark, (L.S.)
Captainthalke, his x mark, (L.S.)
James Shield, his x mark, (L.S.)
Pistiyubbee, his x mark, (L.S.)
Yobalarunehahubbee, his x mark, (L.S.)
Holubbee, his x mark, (L.S.)
Robert Cole, his x mark, (L.S.)
Mokelareharhopin, his x mark, (L.S.)
Lewis Perry, his x mark, (L.S.)
Artonamarstubbe, his x mark, (L.S.)
Hopeatubbee, his x mark, (L.S.)
Hoshahoomah, his x mark, (L.S.)
Chuallahoomah, his x mark, (L.S.)
Joseph Kincaide, his x mark, (L.S.)
Eyarhocuttubbee, his x mark, (L.S.)
Iyacherhopia, his x mark, (L.S.)
Offahoomah, his x mark, (L.S.)
Archalater, his x mark, (L.S.)
Onnahubbee, his x mark, (L.S.)
Pisinhocuttubbee, his x mark, (L.S.)
Tullarhacher, his x mark, (L.S.)
Little leader, his x mark, (L.S.)
Maanhutter, his x mark, (L.S.)
Cowehoomah, his x mark, (L.S.)
Tillamoer, his x mark, (L.S.)
Imnullacha, his x mark, (L.S.)
Artopilachubbee, his x mark, (L.S.)
Shupherunchahubbee, his x mark, (L.S.)
Nitterhoomah, his x mark, (L.S.)
Oaklaryubbee, his x mark, (L.S.)
Pukumna, his x mark, (L.S.)
Arpalar, his x mark, (L.S.)
Holber, his x mark, (L.S.)
Hoparmingo, his x mark, (L.S.)
Isparhoomah, his x mark, (L.S.)
Tieberhoomah, his x mark, (L.S.)
Tishoholarter, his x mark, (L.S.)
Mahayarchubbee, his x mark, (L.S.)
Artooklubbetushpar, his x mark, (L.S.)
Metubbee, his x mark, (L.S.)
Arsarkatubbee, his x mark, (L.S.)
Issaterhoomah, his x mark, (L.S.)
Chohtahmatahah, his x mark, (L.S.)
Tunnuppashubbee, his x mark, (L.S.)
Okocharyer, his x mark, (L.S.)
Hoshhopia, his x mark, (L.S.)
Warsharshahopia, his x mark, (L.S.)
Maarshunchahubbee, his x mark, (L.S.)
Misharyubbee, his x mark, (L.S.)
Daniel McCurtain, his x mark, (L.S.)
Tushkerharcho, his x mark, (L.S.)
Hoktoontubbee, his x mark, (L.S.)
Nuknacrahookmarhee, his x mark, (L.S.)
Mingo hoomah, his x mark, (L.S.)
James Karnes, his x mark, (L.S.)
Tishohakubbee, his x mark, (L.S.)
Narlanalar, his x mark, (L.S.)
Pennasha, his x mark, (L.S.)
Inharyarker, his x mark, (L.S.)
Mottubbee, his x mark, (L.S.)
Narharyubbee, his x mark, (L.S.)
Ishmaryubbee, his x mark, (L.S.)
James McKing, (L.S.)
Lewis Wilson, his x mark, (L.S.)
Istonarkerharcho, his x mark, (L.S.)
Hohinshamartarher, his x mark, (L.S.)
Kinsulachubbee, his x mark, (L.S.)
Emarhinstubbee, his x mark, (L.S.)
Gysalndalra, bm, his x mark, (L.S.)
Thomas Wall, (L.S.)
Sam. S. Worcester, (L.S.)
Arlartar, his x mark, (L.S.)
Nittahubbee, his x mark, (L.S.)
Tishonouan, his x mark, (L.S.)
Warsharchahoomah, his x mark, (L.S.)
Isaac James, his x mark, (L.S.)
Hopiaintushker, his x mark, (L.S.)
Aryoshkermer, his x mark, (L.S.)
Shemotar, his x mark, (L.S.)
Hopiaisketina, his x mark, (L.S.)
Thomas Leflore, his x mark, (L.S.)
Arnokechatubbee, his x mark, (L.S.)
Shokoperlukna, his x mark, (L.S.)
Posherhoomah, his x mark, (L.S.)
Robert Folsom, his x mark, (L.S.)
Arharyotubbee, his x mark, (L.S.)
Kushonolarter, his x mark, (L.S.)
James Vaughan, his x mark, (L.S.)
Phiplip, his x mark, (L.S.)
Meshameye, his x mark, (L.S.)
Ishteheka, his x mark, (L.S.)
Heshohomme, his x mark, (L.S.)
John McKolbery, his x mark, (L.S.)
Benjm. James, his x mark, (L.S.)
Tikbachahambe, his x mark, (L.S.)
Aholiktube, his x mark, (L.S.)
Walking Wolf, his x mark, (L.S.)
John Waide, his x mark, (L.S.)
Big Axe, his x mark, (L.S.)
Bob, his x mark, (L.S.)
Tushkochaubbee, his x mark, (L.S.)
Ittabe, his x mark, (L.S.)
Tishowakayo, his x mark, (L.S.)
Folehommo, his x mark, (L.S.)
John Garland, his x mark, (L.S.)
Koshona, his x mark, (L.S.)
Ishleyohamube, his x mark, (L.S.)
Jacob folsom, (L.S.)
William Foster, (L.S.)
Ontioerharcho, his x mark, (L.S.)
Hugh A. Foster, (L.S.)
Pierre Juzan, (L.S.)
Jno. Pitchlynn, jr., (L.S.)
David Folsom, (L.S.)
Sholohommastube, his x mark, (L.S.)
Tesho, his x mark, (L.S.)
Lauwechubee, his x mark, (L.S.)
Hoshehammo, his x mark, (L.S.)
Ofenowo, his x mark, (L.S.)
Ahekoche, his x mark, (L.S.)
Kaloshoube, his x mark, (L.S.)
Atoko, his x mark, (L.S.)
Ishtemeleche, his x mark, (L.S.)
Emthtohabe, his x mark, (L.S.)
Silas D. Fisher, his x mark, (L.S.)
Isaac Folsom, his x mark, (L.S.)
Hekatube, his x mark, (L.S.)
Hakseche, his x mark, (L.S.)
Jerry Carney, his x mark, (L.S.)
John Washington, his x mark, (L.S.)
Panshastubbee, his x mark, (L.S.)
P. P. Pitchlynn, his x mark, (L.S.)
Joel H. Nail, his x mark, (L.S.)
Hopia Stonakey, his x mark, (L.S.)
Kocohomma, his x mark, (L.S.)
William Wade, his x mark, (L.S.)
Panshstickubbee, his x mark, (L.S.)
Holittankchahubbee, his x mark, (L.S.)
Oklanowa, his x mark, (L.S.)
Neto, his x mark, (L.S.)
James Fletcher, his x mark, (L.S.)
Silas D. Pitchlynn, (L.S.)
William Trahorn, his x mark, (L.S.)
Toshkahemmitto, his x mark, (L.S.)
Tethetayo, his x mark, (L.S.)
Emokloshahopie, his x mark, (L.S.)
Tishoimita, his x mark, (L.S.)
Thomas W. Foster, his x mark, (L.S.)
Zadoc Brashears, his x mark, (L.S.)
Levi Perkins, his x mark, (L.S.)
Isaac Perry, his x mark, (L.S.)
Ishlonocka Hoomah, his x mark, (L.S.)
Hiram King, his x mark, (L.S.)
Ogla Enlah, his x mark, (L.S.)
Nultlahtubbee, his x mark, (L.S.)
Tuska Hollattuh, his x mark, (L.S.)
Kothoantchahubbee, his x mark, (L.S.)
Eyarpulubbee, his x mark, (L.S.)
Okentahubbe, his x mark, (L.S.)
Living War Club, his x mark, (L.S.)
John Jones, his x mark, (L.S.)
Charles Jones, his x mark, (L.S.)
Isaac Jones, his x mark, (L.S.)
Hocklucha, his x mark, (L.S.)
Muscogee, his x mark, (L.S.)
Eden Nelson, his x mark, (L.S.)
In presence of - -
E. Breathitt, secretary to the Commission,
William Ward, agent for Choctaws,
John Pitchlyn, United States interpreter,
M. Mackey, United States interpreter,
Geo. S. Gaines, of Alabama,
R. P. Currin,
Luke Howard,
Sam. S. Worcester,
Jno. N. Byrn,
John Bell,
Jno. Bond.


SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY

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Created 11 January 1998