Notes |
- "His family immigrated to North Carolina, where he was appointed comptroller of the customhouse at age 17. He helped draft and revise the laws of the new state of North Carolina and served as state attorney general (1779–81). He led the state's Federalists in supporting ratification of the U.S. Constitution, and his letters in its defense (signed “Marcus”) are said to have prompted Pres. George Washington to appoint him to the U.S. Supreme Court (1790). He wrote several notable dissents, including those for Chisholm v. Georgia (1793; affirming the subordination of the states to the federal government) and Ware v. Hylton (1796; upholding the primacy of U.S. treaties over state statutes). His opinion in Calder v. Bull (1798) helped establish the principle of judicial review five years before it was actually tested in Marbury v. Madison."
"James Iredell." Encyclopedia Britannica Online. April 1, 2005. http://wwwa.britannica.com/ebc/article?tocId=9368169&query=washington&ct=gen1
"His family immigrated to North Carolina, where he was appointed comptroller of the customhouse at age 17. He helped draft and revise the laws of the new state of North Carolina and served as state attorney general (1779–81). He led the state's Federalists in supporting ratification of the U.S. Constitution, and his letters in its defense (signed “Marcus”) are said to have prompted Pres. George Washington to appoint him to the U.S. Supreme Court (1790). He wrote several notable dissents, including those for Chisholm v. Georgia (1793; affirming the subordination of the states to the federal government) and Ware v. Hylton (1796; upholding the primacy of U.S. treaties over state statutes). His opinion in Calder v. Bull (1798) helped establish the principle of judicial review five years before it was actually tested in Marbury v. Madison.""Mr. Iredell emigrated to Chowan county from England when 17 years old. He studied law under Gov. Samuel Johnston and married his sister, Hannah. He became a very distinguished citizen of North Carolina. He held office successively as member of the Assembly, Judge of the Superior Court, Attorney General of the State and, later, was appointed by George Washington Associate Justice of the Supreme Court of the United States. In the presidential election of 1796 he received three electoral votes."
Source Information: Attmore, William. Journal of a Tour to North Carolina, 1787. Chapel Hill, North Carolina: University of North Carolina at Chapel Hill, 1922. Documenting the American South, UNC University Library, Chapel Hill, North Carolina. March 31, 2005. http://docsouth.unc.edu/nc/attmore/attmore.html
"JAMES IREDELL was born on October 5, 1751, in Lewes, England. He was educated in England and in 1768 became Colonial Comptroller of Customs in Edenton, North Carolina. While serving in that position, Iredell read law and was admitted to practice in 1770. In 1776, he resigned from his position with Customs and joined the independence movement. When North Carolina severed its ties with the British Crown, Iredell served on a commission to redraft the state’s laws In 1778, the Superior Court of North Carolina was created and Iredell was named one of its three Judges. He resigned after a few months because of the rigors of circuit riding and resumed his law practice. He served as Attorney General of North Carolina from 1779 to 1781. Under a new state constitution, Iredell codified the laws of North Carolina. In 1788, he served as floor leader of the Federalists in the North Carolina Ratification Convention. On February 8, 1790, President George Washington nominated Iredell to the Supreme Court of the United States. The Senate confirmed the appointment two days later. Iredell served for nine years on the Supreme Court and died on October 20, 1799, at the age of forty-eight."
Source information: "Timeline of the Justices, James Iredell 1790-1799." History of the Court, The Supreme Court Historical Society. April 1, 2005. http://www.supremecourthistory.org/02_history/subs_timeline/images_associates/004.html
"IREDELL, James, justice of the supreme court, born in Lewes, England, 5 October, 1750; died in Edenton, North Carolina, 20 October, 1799. He was the son of a merchant of Bristol, and went to North Carolina when he was seventeen years old. He was appointed deputy collector of the port of Edenton, married the sister of Samuel Johnston in 1773, studied law with his brother-in-law, was licensed to practise in 1775, and soon attained a high reputation as a lawyer. From 17 February, 1774, till the Revolution he held the office of collector of customs at Edenton. At the beginning of the war of independence he resigned this post, and relinquished the prospect of a large inheritance from an uncle in the West Indies in order to embrace the popular cause. He was elected a judge of the superior court in December, 1777, which office he resigned in August, 1778. In 1779 Governor Richard Caswell appointed him attorney-general, but he resigned soon afterward. During the Revolution he was the trusted adviser of William Hooper, Samuel Johnston, and other Whig leaders. In 1787 the assembly appointed him a commissioner to compile and revise the laws of the state. A part of his collection was printed in 1789, and the whole work, known as "Iredell's Revisal," was published in 1791 (Edenton). He was the leader of the Federalists of North Carolina, and in the convention held at Hillsborough in 1788 he argued without success in favor of the adoption of the Federal constitution. On 10 February, 1790, President Washington appointed him an associate justice of the United States supreme court. In the case of Chishohn's executor against Georgia he delivered a dissenting opinion to the effect that the Federal court could not exercise jurisdiction over a state at the suit of a private citizen. In that of Wilson against Daniels he also dissented, and his view relative to jurisdiction on a writ of error was adopted in subsequent rulings of the court. His addresses to grand juries, explaining and extolling the constitution, were often published at the request of the jurors in Boston, New York, Philadelphia, and Richmond, Iredell county was named after him in 1788. He left nearly ready for the press at his death a treatise on pleading, which has never been published. See his " Life and Correspondence," by Griffith J. McRee (New York, 1857).--His son, James, senator, born in Eden-ton, North Carolina, 2 November, 1788; died there, 13 April, 1853, was graduated at Princeton in 1806, and studied law. In the war of 181, -'15 he raised a company of volunteers, and, marching with them to Norfolk, tool< part in the defence of Craney island. After the peace he returned to his profession, and was sent to the state house of representatives in 1816. He was speaker in 1817 and 1818, and was returned to the legislature for many years. In March, 1819, he was nominated a judge of the superior court, but resigned two months later. He was elected governor of North Carolina in 1827, and on the resignation of Nathaniel Macon was sent to the United States senate, serving from 23 December, 1828, till 3 March, 1831. He subsequently practised law in Raleigh, and for many years was reporter of the decisions of the supreme court. He was one of three commissioners who were appointed to collect and revise the laws in force in the state. The result of their labors was the revised statutes passed at the session of 1836-'7, and afterward published (Raleigh, 1837). His reports of law-eases in the supreme court fill thirteen volumes, and the reports of eases in equity eight volumes (Raleigh, 1841-'52). He published also a "Treatise on the Law of Executors and Administrators," and a "Digest of all the Reported Cases in the Courts of North Carolina, 1778 to 1845" (Raleigh, 1839-'46)."
Source information: Klos, Sam. "James Iredell." Virtual American Biographies. Edited Appleton's Encyclopedia. Virtualogy, 2001. March 31, 2005. http://www.famousamericans.net/jamesiredell/ [Note from the website: "Appleton's Cyclopedia of American Biography, edited by James Grant Wilson and John Fiske. Six volumes, New York: D. Appleton and Company, 1887-1889 & edited Stanley L. Klos, 1999 is a historic document. We realize the biographies contain 19th Century errors and rely on volunteers to edit historic biographies on a continual basis. If you would like to edit this biography please submit a rewritten biography in text form . If acceptable, the new biography will be published above the 19th Century Appleton's Cyclopedia Biography citing the volunteer editor."]
"James Iredell was born on October 5, 1751, in Lewes, England. He was educated in England and in 1768 became Colonial Comptroller of Customs in Edenton, North Carolina. While serving in that position, Iredell read law and was admitted to practice in 1770. In 1776, he resigned from his position with Customs and joined the independence movement. When North Carolina severed its ties with the British Crown, Iredell served on a commission to redraft the state's laws. In 1778, the Superior Court of North Carolina was created and Iredell was named one of its three Judges. He resigned after a few months because of the rigors of circuit riding and resumed his law practice. He served as Attorney General of North Carolina from 1779 to 1781. Under a new state constitution, Iredell codified the laws of North Carolina. In 1788, he served as floor leader of the Federalists in North Carolina Ratification Convention. On February 8, 1790, President George Washington nominated Iredell to the Supreme Court of the United States. The Senate confirmed the appointment two days later. Iredell served for nine years on the Supreme Court and died on October 20, 1799, at the age of forty-eight."
Source information: "Chief Justices." Supreme Court Collection, Legal Information Institute, Cornell University. April 1, 2005. http://supct.law.cornell.edu/supct/justices/histBio.html
"A CHOICE Magazine Outstanding Academic Title for 2001. James Iredell sailed from England to the English colony of North Carolina in 1768 to be a customs officer at the port of Edenton. While serving King George III at the port of Edenton, Iredell studied law under Samuel Johnston, who would become his brother-in-law, mentor, and friend. Iredell became a superior lawyer and the leading essayist in his region in support of American independence. Following the American Revolution, he was the foremost advocate in North Carolina for adoption of the proposed federal Constitution and later served on the Supreme Court after ratification.
In Justice James Iredell, Whichard traces the life of this public servant from customs officer to lawyer to eminent statesman and concludes with a description of the man himself: his family, friends, finances, slaves, and religion. This fascinating book includes a picture of Justice Iredell as well as pictures of his wife, associates, home town, and publications. It is the only biography chronicling the achievements of this important figure in North Carolina and American history.
'In this first definitive biography of Iredell, Whichard . . . superbly captures the essence of circuit riding at that time, juxtaposing the almost unbearable hardships of primitive travel to the social amenities and associations with the prominent figures of the day. A model of biographical research and a fitting tribute to an unsung hero.'
CHOICE Magazine
'Carefully documented, well-written, and entertaining to read, this single modern biography of the sixth Justice is a notable addition to the bibliography of the early court.'
- Journal of Supreme Court History, 2002
Source information: "Justice James Iredell." Carolina Academic Press [online bookstore]. April 1, 2005. http://www.cap-press.com/books/1022
Source Information: Chowan County, NC Cemeteries-Hayes Plantation. File was contributed by: Dayle Noble biba Jan 2000. NC Genweb, Rootsweb.com. http://ftp.rootsweb.com/pub/usgenweb/nc/chowan/cemeteries/hayescem.txt
"English-born James Iredell-- a future United States Supreme Court Justice immigrated to North Carolina at the age of seventeen in 1768. As a relative of Henry Eustace McCulloh, collector of Port Roanoke, Iredell was appointed His Majesty’s comptroller of customs at the port, located in the town of Edenton. Iredell began his diary at the age of nineteen, submitting his activities to paper as a great means of producing an [sic] habit of Industry, & Application, which I hope will be of the greatest utility to me in my future Walk of Life
Iredell’s diary begins in 1770, the year he read law under Samuel Johnston, the nephew of a former royal governor, and was successfully licensed at Edenton to practice law in the inferior courts of North Carolina. The diary ends in early 1773, shortly before Iredell married Hannah Johnston, one of Samuel Johnston’s sisters.
The diary itself is revealing of a high-minded and ambitious young man, his romantic feelings, and his social world—one of the few such accounts existing for North Carolina during this period. It also offers a vivid picture of young Iredell’s network of friends and aquaintances in pre-Revolutionary Edenton, along with his legal study and his thoughts on political ideas and events at home and abroad. Most powerfully, it offers an intimate glimpse of his courtship with Hannah, along with his strong feelings about women and his desire for mutual respect as a basis for marriage. One passage, dated November 16, 1772, is especially revealing:
'Heard in the Course of the Evening many discharges of Guns on acct. of Horniblow’s being married to Nancy Rainbough---Was told she was averse to the Match, & forced to it by her Father & Mother. ---Is it true? can such cruel Parents exist?---& too easy, too compliant Daughter with the desire of your Parents in a point they have no right to command. The married State to Parties whose Minds are in unison with each other, & whose hearts are connected by the fondest Ties of Affections is the most blissful Situation The Mind of Many can conceive. Oh! Hannah, I trust We shall be happy---Our Hearts are disposed to good & Benevolent Actions---Our Wishes formed on no Visionary Basis---& our Affections cemented by the strongest, dearest Ties of the most tender Attachment.---God grant, I may have it in some degree in my powers, by a pleasing, unremitting Attention to make her happy, to succeed in my Endeavors.'
In the year following his marriage, Iredell wrote To the Inhabitants of Great Britain” opposing the concept of Parliamentary supremacy over America. This essay helped establish Iredell as the most influential political essayist in pre-Revolutionary North Carolina. Also during 1774, McCulloh negotiated the transfer of the collectorship of the Port of Roanoke to Iredell a post he held until June 1776 when he irrevocably cast his lot with the Patriots.
Iredell was in Edenton at the time of the Edenton Tea Party on October 25, 1774, one of the earliest known instances of political activity by American women. Possibly because of Iredell’s official position, Hannah Johnston Iredell refrained from signing resolutions supporting the First North Carolina Provincial Congress, which voted to boycott certain British products. However, the names of Hannah’s sisters and her sisters-in-law were on the list. The London newspapers carried accounts of the event, prompting Iredell’s brother Arthur to write from England the following much quoted letter:
'I see by the newspapers the Edenton ladies have signalized themselves by their protest against tea-drinking. The name of Johnston [the maiden name of Mrs. Iredell] I see among others; are any of my sister’s relations patriotic heroines? Is there a female Congress at Edenton too? I hope not for we Englishmen are afraid of the male Congress, but if the ladies, who have ever since the Amazonian Era, been esteemed the most formidable enemies, if they, I say should attack us, the most fatal consequence is to be dreaded.''
Source Information: "James Iredell, Sr., Diary, August 1770; November 1773-February 1774." April 1, 2005. http://ncrec.dcr.state.nc.us/Cat/CatServer.asp?WCI=MainEp&WCE=CatV1&WCU=509.19 [no other website author information or bibliographic information is available for this site.]
"U.S. Supreme Court Justice William Paterson, while on circuit duty in Raleigh, N.C., wrote to Justice James Iredell of Edenton, N.C., on December 1, 1796. Paterson's appraisal of the potential outcome of the electoral vote was a victory for John Adams over Thomas Jefferson. From the James Iredell Papers in Special Collections."
Source information: "America Votes." Presidential Campaign Memorabilia from the Duke University Special Collections Library, Duke University, Durham, North Carolina. Apr 1, 2005. http://scriptorium.lib.duke.edu/americavotes/adams.html
"The Iredell House (open), 107 E. Church St., was the home of James Iredell, who was appointed Associate Justice of the U. S. Supreme Court by George Washington."
Source Information: Compiled by the Federal Writers’ Project of the Works Progress Administration. Sponsored by Charles L. Terry, Jr., Secretary of State, Dover, Delaware. The Ocean Highway: New Brunswick, New Jersey to Jacksonville, Florida, American Guide Series. New York: Modern Age Books, Inc., 1938. North Carolina Digital and Fiction Library. Joyner Library. East Carolina University. March 31, 2005. http://www.lib.ecu.edu/ncc/historyfiction/document/oce/entire.html
Gravestone inscription: "In memory of James IREDELL, born at Lewes Sussex County England Oct. 5, 1750. Emigrated to North Carolina in 1768. Died at Edenton 20 Oct. 1799 Having filled honorably to himself and usefully to his country various important civil offices. He was at the time of his death, one of the associate Justices of the Supreme Court of the U.S."
"Iredell County was formed in 1788 by an act of the North Carolina State Legislature. The county was formed out of Rowan County and was named for James Iredell who was appointed as one of the original Justices of the United States Supreme Court on Feb. 10, 1790 by President George Washington. James Iredell was born on Oct. 5, 1750 in Lewis, England and was the son of an English merchant. Iredell served as a North Carolina State Supreme Court Justice 1777-1778 and as attorney general of North Carolina from 1779-1781. He was appointed to the first United States Supreme Court in February of 1790 and served on the court for nine years. Ironically, Iredell never set foot in the county he is named for as he made his home in Edenton, N.C. He was however pleased at having a county named after him. In a letter to his aide John Steele he wrote, “Few things have happened to me with greater surprise and pleasure, I am sure, than the unexpected honor of having a new county, which has been formed out of Rowan, called by my name.” He and his close friend William R. Davie fought for ratification of the Constitution and the founding of the University of North Carolina. Like James Iredell, William R. Davie would later have a county named after him when Davie County was carved out of Rowan County. Iredell and Davie County border each other standing side by side on a map just as their namesakes once stood side by side. Iredell died on Sunday, Oct. 20, 1799 at the age of 48 leaving a wife and family. His son James Iredell Jr. followed in his father’s footsteps and later served as Governor of North Carolina and as a U.S. Senator."
Source Information: "James Iredell Local History Room." Iredell County North Carolina Public Library. April 1, 2005. http://www.iredell.lib.nc.us/localhistory/James%20Iredell%20Room.htm
"Early in 1798, in a state of extreme mental anguish apparently brought on mainly by mounting debts, James Wilson, probably while visiting North Carolina on Federal circuit court matters, took refuge in this house. It was the home of his friend and fellow U.S. Supreme Court Justice James Iredell, who had been instrumental in the North Carolina ratification of the Constitution. Within a few months, Wilson died there.
The little-altered Iredell House, which is in excellent condition, is a large L-shaped structure. It is constructed of frame and is two stories in height. The roof is gabled. Two-story verandas span the front, or south, and rear elevations of the long arm of the ell. Transoms flank the central entrances on both levels, and louvered shutters flank the windows.
The building was erected in three stages. The earliest, the present short, or east, arm of the ell, was built in 1759 by John Wilkins. In 1776 Joseph Whedbee enlarged the structure by adding to its west side the two easternmost bays of the present five-bay long arm. In 1810 Iredell's widow extended the arm by three bays to its present size and added the verandas.
The original section of the house contains a living room and one other room on the first floor and two bedrooms on the second. The first floor of the 1776 portion consists of the dining room; the second floor, a large bedroom. These two sections are furnished as a historic house museum. The remaining part of the long arm, dating from 1810, serves as the caretaker's quarters. The State owns and administers the residence."
Source information: "James Iredell House." Survey of Historic Sites and Buildings. National Park Service. April 1, 2005. http://www.cr.nps.gov/history/online_books/constitution/site19.htm
"In 1774, James Iredell, 23-year-old native of England, resigned his post as Collector of the Crown Revenue at the port of Edenton, North Carolina. He devoted his pen wholeheartedly to the American cause, for which he was disinherited by his uncle, a wealthy Jamaican planter. But he gained the esteem of George Washington, who as President appointed him in 1790 to the Supreme Court of the United States."
This manuscript essay, written in June 1776, held out hope of reconciliation with Great Britain even at that late date, but only on terms consistent with the preservation of American rights.
Source information: Monaghan, Frank. "James Iredell Defends the Rights of the Colonists: 1776." The History and Significance of the Basic Documents of American Liberty. Princeton, New Jersey: Princeton University Press, 1947.
Apr 1, 2005. http://www.americademy.com/rights-5.htm
DEBATES IN THE STATE RATIFYING CONVENTIONS
North Carolina Ratifying Convention, July 21-August 4, 1788
* Five Speakers Debate Congressional Control of Congressional Elections, July 25, 1788
* The Debate on Congressional Elections Continued: Britain and America Contrasted, July 25, 1788
* James Iredell on the Necessity for a Peacetime Army, July 26, 1788
* James Iredell on the Presidency, Spies, the Pardoning Power, and Impeachment, July 28, 1788
* Samuel Spencer Objects to the Powers of the Senate and Fears It Will Control the President, July 28, 1788
* James Iredell on Impeachment: "It Must Be for an Error of the Heart, and Not of the Head," July 28, 1788
* Samuel Spencer and William R. Davie Debate the Need for a Bill of Rights and the Jurisdiction of the Federal Courts, July 29, 1788
* Andrew Bass Thinks the Constitution Is "Uncommonly Difficult, or Absolutely Unintelligible"; Maclaine and Iredell Respond, July 29, 1788
* James Iredell and Timothy Bloodworth Debate the Supremacy of the Constitution and of Federal Law, July 29, 1788
* Henry Abbot and James Iredell Debate the Ban on Religious Tests: Could Not the Pope Be President? July 30, 1788
* Rev. David Caldwell and Samuel Spencer Continue the Debate on Religious Toleration, July 30, 1788
* James Iredell Urges Ratification, and a Vote Is Taken, July 30, 1788
Source Information: "The Debate on the Constitution: Volume Two: January to August 1788." The Library of America.
Apr 1, 2005. http://www.loa.org/volume.jsp?RequestID=33§ion=toc [information from the table of contents of the book The Debate on the Constitution: Volume Two: January to August 1788.]
"Under the Constitution of 1776, Judges held office during good behavior and were elected by the General Assembly. This selection process remained unchanged until the Constitutions of 1868 and 1876 when election was given to the people and vacancies filled by the Governor until the next general election. An Address On The History Of The Supreme Court, By Honorable Kemp P. Battle, LLD., 103 N.C. 339 (1889) at page 363.
The first three Judges elected were Samuel Ashe of New Hanover County; Samuel Spencer of Anson County; and James Iredell of Chowan County. Iredell resigned after riding one circuit and John Williams of Granville County took his place. Iredell was subsequently appointed by President Washington to serve on the United States Supreme Court. Ashe served until 1795 when he was elected Governor; Williams served until his death in 1799 and Spencer served until his death in 1794. An Address On The History Of The Supreme Court, By Honorable Kemp P. Battle, LLD., 103 N.C. 339 (1889) at page 354."
Source Information: "History of the Superior Court Justices of North Carolina." North Carolina Court System. Apr 1, 2005. http://www.aoc.state.nc.us/data/district12/NCCourts/HistorySuperiorCourtJudges.html
Joseph Hewes to To James Iredell
[Philadelphia. October 31, 1774.]
Reports the adjournment of Congress "on Thursday last."(1) All ranks of people here generally approve their recently published proceedings. "The Germans who compose a large part of the Inhabitants of this province are all on our side.... Some of our friends are under apprehension that Ad ministration will endeavour to lay hold of as many Delegates as possible & have them carried to England and tryed as Rebels. This induced the Congress to enter into a resolve in such cases to make reprisal. I have no fears on that head...." He hopes to arrive at Edenton in December.(2)
Note:
RC (NcD, Iredell MSS). Endorsed: "Philadelphia 31st Oct. 1774. Jos. Hewes." The manuscript is badly damaged, but the document's fragmentary nature was not noted when it was published in Griffith J. McRee, Life and Correspondence of James Iredell, One of the Associate Justices of the Supreme Court of the United States, 2 vols. (New York: D. Appleton and Co., 1857-58), 1:227.
1 Congress adjourned on Wednesday, October 26.
2 James Iredell (1751-99), North Carolina statesman and jurist, was at this time collector of the port at Edenton. DAB.
Source Information: Hewes, Joseph. "Joseph Hewes to James Iredell [letter]." Delegates to Congress . Letters of Delegates to Congress, 1774-1789, Volume 1, August 1774-August 1775
Electronic Text Center, University of Virginia Library. Apr 1, 2005. http://etext.virginia.edu/etcbin/toccer-new2?id=DelVol01.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=220&division=div1
"James Iredell, born 1750, died 1799, one of the associate justices of the supreme court of the United States, resided in Edenton. He was a native of England.
His father was a prosperous merchant at Bristol, eldest son of Francis Iredell, born at Lewes, in Sussex County, on October 5th, 1751.
He came to North Carolina in the fall of 1768, when only seventeen years old, and held the office of deputy of the port of Edenton under his relative Henry Eustace McCullock. He was afterwards appointed collector, February 17th, 1774, by the Crown. He studied law, under Governor Samuel Johnston, whose sister, Hannah, he married July 10th, 1773.
He was licensed December 14th, 1770, and soon rose to eminence in his profession. In 1777, he was elected one of the judges of the superior courts, which he resigned in 1777. In July following he was made attorney general by Governor Caswell. In 1788, he was a member of the convention that met at Hillsboro to deliberate on the Constitution of the United States, and was the able, but unsuccessful, advocate of its adoption.
In February, 1790, he was appointed by General Washington, one of the justices of the supreme court of the United States.
Full of years and honors he died at Edenton, October 20th, 1799.
His name has been indelibly written on the history of the state, by calling after his name one of the most lovely counties of the state.
Judge Iredell was, as expressed by Chief Justice Marshall in a letter to Judge Murphy, (October, 1827,) a man of talents, and of great professional worth.
He left two daughters and one son: his death was hastened by his severe labors in riding the southern circuit.
'Repeatedly,' says McCree in his biography, 'did this devoted public servant, in his stick gig, traverse the wide and weary distances between Philadelphia and Savannah.' "The life and correspondence of Judge Iredell, by Griffith J. McCree," gives a full and accurate account of his character and services. This is the best work extract on North Carolina biography.
Source Information: Wheeler, John H. Reminiscences and Memoirs of North Carolina and Eminent North Carolinians. Columbus, OH: Columbus Printing Works, 1884. 123. March 31, 2005. http://www.researchonline.net/nccw/bios/wheeler.htm
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