The Project Gutenberg EBook of Reminiscences of the Thirty-Fourth
Regiment, Mass. Vol. Infantry, by William H. Clark
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
Title: Reminiscences of the Thirty-Fourth Regiment, Mass. Vol. Infantry
Author: William H. Clark
Release Date: August 6, 2010 [EBook #33357]
Language: English
*** START OF THIS PROJECT GUTENBERG EBOOK REMINISCENCES OF THE ***
Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/American
Libraries.)
REMINISCENCES OF THE
Thirty-Fourth Regiment,
MASS. VOL. INFANTRY.
_By WILLIAM H. CLARK_,
[PRIVATE, CO. E.]
PUBLISHED FOR THE AUTHOR.
HOLLISTON:
J. C. Clark & Co.
1871.
TO GEN. WM. S. LINCOLN, OF WORCESTER,
SO LONG AND HONORABLY ASSOCIATED WITH THE REGIMENT,
THESE SKETCHES ARE RESPECTFULLY INSCRIBED BY THE AUTHOR.
NOTE.
The Reader will please bear in mind that this little work does not claim
in any sense to be a _history_ of the Regiment; but simply the
recollections of the writer up to May 15th, 1864, when he received the
wound which disabled him from further military service.
CONTENTS.
CHAPTER I. THE FAREWELL, 9
CHAPTER II. FUN IN CAMP, 11
CHAPTER III. HARPER'S FERRY, 14
CHAPTER IV. THE SKIRMISH, 18
CHAPTER V. NEWMARKET, 22
CHAPTER VI. INCIDENTS, 26
CHAPTER VII. IN MEMORIAM, 29
CHAPTER I.
THE FAREWELL.
It is the afternoon of a summer day, with but little breeze more than
enough to gently sway the folds of a new and handsome National Flag, which
is in full view of the multitude who encompass it. We have taken the
reader, in thought, to the spacious and beautiful Common in Worcester, on
the 15th of August, 1862.
A few words concerning this great gathering; the close attention of all
being drawn to the speaker's stand in its centre. Citizens of all classes
are here, gazing and listening, representing the population of the city
and suburbs. Its inner circles are clothed in the uniform of their
country's service, and stand in military order. To them, as a Regiment,
through their commander, who is conspicuous on the stand by his uncovered
head and noble bearing, the Flag is being presented: a touching farewell
act of the ladies of Worcester.
It is delivered with fitting words, and now not only the soldier, but the
orator speaks. Never, while memory lasts, will the picture be erased from
the mind of one, at least; the central figure, the devoted Wells: so soon,
comparatively, to be the lamented.
The throng breaks, and the Regiment gradually prepares to leave the city
for fields of duty, not to shrink from fields of danger. Hark! as they
slowly recede from sight, and the clangor of martial music is hushed, can
you not almost distinguish, stealing through yonder casement where a
lonely heart is thinking of the absent ones, the plaintive words:
"Thinking no less of them,
But loving our country the more;
We've sent them forth to fight for the flag,
That our fathers before them bore.
Brave boys are they,
Gone at their country's call;
And yet, and yet, we cannot forget
That many brave boys must fall."
CHAPTER II.
FUN IN CAMP.
Weary and monotonous indeed, would be many of the days spent in camp by
the soldier, did not something crop out of an amusing nature, either in
the proper members of the camp or in some of its motley group of
followers.
One such safety-valve was found in a stout, unctuous darkey, who seemed to
be the "right hand man" of our regimental sutler. Worthy Oscar! I know not
whether thou dost still walk on this earth of ours, or hast entered the
spirit land which so many of thy brave fellow-Africans reached, who with a
more warlike spirit than thine, died on fields of duty and glory. Peace to
thee, in any event, for none more faithfully performed his duty.
On one occasion, however, the "even tenor of his way" was rudely broken in
upon, to the great amusement of the large number who happened to be in
view of that part of the camp at the time. It seems that a private soldier
of mischievous propensities had been for some time teasing our colored
friend by thrusting a burning twig from the camp fire into his face; yet
during the ordeal he had kept his patience, and only tried to get rid of
his tormentor by entreaties. Suddenly he turns upon him, forbearance
having ceased to be a virtue in the case, and the two fall heavily to the
ground; Oscar having decidedly the advantage of his enemy, which he as
decidedly keeps. The roar of laughter which followed this unexpected
discomfiture was probably more pleasant to the ears of Oscar than to those
of his antagonist.
Another case in which our hero was concerned related to the legitimate
business of the sutler's tent, and was told in Company E to the amusement
of many, by poor Hunter, who afterwards while in the performance of duty
at the Shenandoah, fell through an opening in the bridge in an unguarded
moment and was drowned.
The story was something like this: "Well yer see de feller he comes up
'mongst de crowd, an' says he, I wants a _fried pie_. So I takes de fried
pie an' hands it to him, an' looks for de money; but somehow de feller
gits shook up in de crowd, an' I hav'nt seen _him_; nor de _money_, nor de
_fried pie_ since." This was given with capital powers of imitation, and
never failed to "bring down the house."
There is something which irresistably appeals, in many phases of the
African character, to our American sense of humor. At the same time we
discover running through it a vein of sentiment, which blending with the
other, dignifies the effect.
"'Way down upon de Swanee Riber,
Far, far away;
Dere's where my heart am turning eber,
Dere's where de old folks stay.
When I was in de fields a hoeing,
Near set ob sun;
So glad to hear de horn a blowing,
Telling dat de work was done.
O, den de darkies frolic sweetly,
Banjo in tune;
Dinah and Phillis dressed so neatly,
Dance by de big round moon."
CHAPTER III.
HARPER'S FERRY.
For some weeks the Thirty-Fourth had remained in Washington, D. C.,
furnishing daily heavy details of neatly equipped men for guard duty;
principally to be employed in guarding the Carroll and Old Capitol
Prisons. During this time the general soldierly deportment of the rank and
file, together with the fine appearance of the regiment on dress parade,
attracted much attention and called forth many complimentary expressions
from the residents of Washington.
But "marching orders" do not stop to take counsel of their subjects, and
on a well-remembered evening in July, 1863, they turned our quiet barracks
into a scene of bustle and confusion. A ride of a few hours over the
Baltimore and Ohio Railroad brought us into the immediate vicinity of
Harper's Ferry.
The activity which prevailed throughout our force on the morning of July
14th made it evident to all that a movement across the Potomac was
intended. All needful preparations having been made, a lively cannonade
was opened from the heights above, under cover of which our force embarked
in pontoon boats that were near at hand, and crossing, passed through the
deserted streets up to the higher ground beyond; dislodging a small body
of the enemy which had been holding possession. As the afternoon advanced
a considerable force of cavalry passed through the place, file following
file in a seemingly endless succession, till the eye was wearied with
attempting to take in the living current. Our occupation of Harper's
Ferry, begun under these circumstances, was destined to continue for many
months, with the exception of an occasional brief visit to Martinsburg
towards the close of winter.
Perhaps the most notable incident of our service during these months was a
trip to Harrisonburg, about one hundred miles into Virginian territory,
over that noble production of the road-maker's art, the "Shenandoah Valley
turnpike." This demonstration, which was successfully and safely
accomplished, was doubtless intended as a diversion in favor of the raid
at that time being executed by Gen. Averill, with his much larger force.
Although we were closely followed by a brigade of the enemy, in our rapid
and forced march homewards; yet by the intervention of favorable events,
the friendly shadow of the Maryland heights was reached with no loss from
our hazardous attempt at "bearding the lion in his den," as our adventure
was described by the Richmond _Examiner_.
Our long stay in this town gave many opportunities for examining its
objects of interest, including the Engine House, worthy of note as the
fortress occupied by John Brown while he held possession, during the brief
campaign destined to end so disastrously for those engaged in it. The
ruins of Armory and other buildings made it very evident that an immense
amount of property had been destroyed in the two years in which the spirit
of war had held carnival there.
The climate, through the winter months we spent in this place, seemed to
suggest some New England locality rather than a part of the "sunny South."
Snow storms and bleak, cold winds, find as congenial a home around those
rocky heights as Massachusetts could offer them; at least, such was the
impression made upon the mind of the writer. The sublimity and grandeur of
Nature's works here well repay any effort required to reach an eligible
point of view; but it requires no effort to enable the mind nurtured
"beneath New England's sky" to dwell again, in thought, among its native
hills.
"Once more, O Mountains of the North, unveil
Your brows, and lay your cloudy mantles by!
And once more, ere the eyes that seek ye fail,
Uplift against the blue walls of the sky
Your mighty shapes, and let the sunshine weave
Its golden net-work in your belting woods,
Smile down in rainbows from your falling floods
And on your kingly brows at morn and eve
Set crowns of fire! So shall my soul receive
Haply the secret of your calm and strength,
Your unforgotten beauty interfuse
My common life, your glorious shapes and hues
And sun-dropped splendors at my bidding come,
Loom vast through dreams, and stretch in billowy length
From the sea-level of my lowland home!"
_Whittier._
CHAPTER IV.
THE SKIRMISH.
The morning of Sunday, October 13, 1863, proved a disastrous one to the
Ninth Maryland Regiment, who were only a few miles distant from our
encampment at Harper's Ferry. As it proved, the enemy in considerable
force, under Gen. Imboden, had made an early and vigorous attack on that
Regiment at Charlestown, and captured them bodily, in number about three
hundred. Every available man of the Thirty-Fourth was promptly called out,
and preceded by a Battery which was stationed near by, we started in
pursuit. Often had the wish been expressed that we might see some actual
fighting, and at last the wish was to be gratified.
A running fight commenced soon after reaching Charlestown, the Battery
which was still in advance, having engaged the enemy just beyond that
place. We pushed on, passing at one time the dead body of a soldier,
killed during the morning's engagement, and a few miles of rapid marching
bring us into close proximity to the foe, as the shells falling within a
short distance from our ranks fully prove. Each Company has been assigned
the best position allowed by the character of the ground, which is
somewhat uneven and obstructed by fences. A lively discharge of musketry
is kept up from both sides for a time, but finally ceases. At about this
period in the fight, a small body of mounted infantry from the enemy's
force charge toward us till but a short space intervenes, and then
wheeling easily, soon disappear in the distance. We afterwards learn that
the Springfield muskets of one of our wing Companies told with effect on
their ranks. The firing has now ceased, and we are ordered to cross the
open ground which separates our position from that of the enemy. This is
safely accomplished, and it is found that they have again retreated.
Our Commanding Officer now considers that the pursuit has been pushed far
enough, and the order is given to return to Harper's Ferry. Marching and
resting alternately, we reach our quarters at a late hour, feeling well
satisfied with this first experience of actual fighting. Two of the Color
Corporals, Clark of Co. K and Gage of Co. E, have laid down their lives;
but they died gloriously, and what matters the form in which death comes,
if it finds us in the path of duty.
"Come to the bridal chamber, Death;
Come to the mother, when she feels
For the first time her first-born's breath:
Come when the blessed seals
Which close the pestilence are broke,
And crowded cities wail its stroke;
Come in Consumption's ghastly form;
The earthquake shock, the ocean storm;
Come when the heart beats high and warm,
With banquet song, and dance, and wine,
And thou art terrible: the tear,
The groan, the knell, the pall, the bier,
And all we know, or dream, or fear
Of agony, are thine.
But to the warrior, when his sword
Has won the battle for the free,
Thy voice sounds like a prophet's word,
And in its hollow tones are heard
The thanks of millions yet to be."
_Halleck._
CHAPTER V.
NEWMARKET.
After a march of some hours, our Regiment had arrived in the vicinity of
Newmarket, Va.; not, however, without an occasional shot being exchanged
between the light artillery which preceded us and that of the enemy. As we
were marched to a position somewhat sheltered by a low ridge, this firing
was kept up with vigor. The peculiar tone and expression assumed by our
commander, Colonel Wells, as he directed our movements will be remembered
by many. "Don't you see how they are firing at me?" was his demand,
evidently more for its effect on his men than from any special concern as
to his own safety.
So passed the afternoon of Saturday, May 14, 1864, and the night, a rainy
and uncomfortable one, settled down upon us; but war is no respecter of
the stillness of night, and the fact of a foe being close at hand is a
great promoter of uneasiness. Suddenly a shot is heard, then a volley, and
we are roused up without ceremony; but the alarm proves nothing serious,
being caused by a small reconnoitreing party from the enemy. We lie down
again, all save the watchful sentinels, and sheltering ourselves from the
rain so far as possible, get what sleep may be had under the
circumstances. A part of the morning is occupied in putting our arms and
ourselves in good fighting condition, though this is a difficult matter in
some cases; the rain having, in spite of our care, reached our muskets to
some extent.
The quiet is broken by an order to a different position, which order is
repeated occasionally during the forenoon, keeping us in motion almost
constantly from one point to another. At last, a satisfactory position
having been reached, we lie down on our arms for a short time, but soon
are ordered to rise and then to load and fire as rapidly as we can. In the
meantime, a Battery has been stationed on our right and its guns begin to
play on the enemy. After firing several volleys a charge is ordered, and
as we advance, the opposing force comes plainly into view. The yells and
cheers accompanying this movement make it almost impossible to hear any
order from our superior officers, but we finally comprehend that a
"right-about" is ordered. This is executed, and we retrace our steps for a
short distance, still keeping on a line with the colors, while the
continuous cheering of the enemy shows that they fully appreciate their
advantage. We now begin to feel seriously the effect of the heavy fire,
both musketry and artillery, which fills the air with deadly missiles. A
prominent field officer is disabled by a severe wound, and as the enemy
press close upon us, necessarily falls into their hands; while others who
are less injured are supported from the field to receive surgical aid.
The Regiment, having reached a good position, is halted, faced about, and
aids in checking the enemy's advance, much to the satisfaction of the
wounded, who are making their way to Mt. Jackson, some four miles distant.
Night falls, and the sounds of battle are hushed; but this Sabbath day, so
disturbed by mortal strife, has proved the last for many who had
cherished hopes of "bright days yet to be."
"And Ardennes waves above them her green leaves,
Dewy with Nature's tear drops, as they pass;
Grieving, if aught inanimate e'er grieves,
Over the unreturning brave: alas!
Ere evening to be trodden like the grass;
Which now beneath them, but above shall grow
In its next verdure, when this fiery mass
Of living valor, rolling on the foe,
And burning with high hope, shall moulder cold and low."
_Byron._
CHAPTER VI.
INCIDENTS.
It will be remembered by some, that at an early period of our regimental
history, a fever for enlistment into the regular army prevailed to a
certain extent. The causes which produced this state of things are unknown
to the writer, but it seems probable that highly colored statements as to
the relative advantages of one branch of the service over another had been
employed.
Col. Wells, as the event proved, felt no sympathy with this movement, and
had no idea of quietly looking on while his Regiment was depleted in
numbers to fill the voracious maw of Uncle Sam. Accordingly, taking his
opportunity when they were drawn up for dress parade, he expressed his
views in the case in a manner that held the attention of all to the
close. That part of his argument which covered the points of promotion and
travel, as nearly as can be recalled, was something like this. "You have
been promised opportunities for promotion and travel: as for _travel_, you
would have plenty of that, and would have to travel _pretty close to the
line_. With regard to promotion in the regular army, there is a regular
system of promotion, in which non-commissioned officers only stand a
chance of sharing, and they after years of waiting." The address, whether
from its sarcasm or its sense, was effectual in curing the uneasiness that
had prevailed.
At one time, the young and popular Captain of a certain Company saw fit to
celebrate his birthday by furnishing his men with an unusual treat. A
supply of "lager" was secured from a neighboring fort, and placed
conveniently in one of the tents, with the understanding that all were
welcomed to partake. As the evening advanced a spirit of jollity naturally
prevailed, stimulated a little, it may be, by the influence of the
Teutonic beverage, till the stentorian voice of Orderly B-- rang out even
more loudly than usual, summoning the Company to fall in for evening
roll-call, after which quiet was restored, and night settled down
peacefully as usual over our camp.
The Company in which occurred the last incident numbered among its
original members two, who were truly of a kindred spirit, though of
different birth. Once, for some infraction of discipline in which both
were concerned, they were compelled to wear "the wooden shirt," and to
march back and forth before the Captain's quarters: yet they were far from
being disheartened, but with great merriment performed this unusual sentry
duty, assisting each other, in case of any accident, with an almost
brotherly regard. One of this pair of intimate friends is believed to have
died at Andersonville. As to his comrade, many years have passed since the
writer last beheld his strongly marked features, and whether he is still
in the land of the living is a matter of uncertainty. So drops the curtain
over our heroes.
"All the world's a stage,
And all the men and women merely players:
They have their exits and their entrances;
And one man in his time plays many parts,
His acts being seven ages."
_Shakspeare._
CHAPTER VII.
IN MEMORIAM.
A few closing words as a tribute to the honored dead. While referring
especially to a few names in this connection, no peculiar honor is claimed
for them above the large number of their comrades in other Companies whose
record is equally honorable; but of those we know best we can, doubtless,
best speak.
Brave Christopher Pennell; with a noble ambition leaving his many friends
to serve in another field, and falling at last before Petersburg.
Captain William B. Bacon: an able and intrepid soldier, than whom few had
brighter prospects of advancement and honor, stricken down at Newmarket
while inspiring his men with his own fearlessness of spirit.
Sergeant Henry B. King: of a gentle and obliging spirit and beloved by all
his comrades, dying on the field of battle, and leaving only the knowledge
of his devotion to duty to cheer his youthful and bereaved companion.
The brothers, Dwight and Henry Chickering: noble and promising youths,
making the woods ring with the sound of their axes, and their whole-souled
laughter, as we prepared to encamp after the day's weary march.
But one more will be particularly mentioned here, in reference to whom
Brigade Surgeon Clarke uses this language, in a letter informing his
friends of his death: "he was a brave, conscientious and faithful
soldier." And what shall I say of thee, my brother, my faithful friend?
Though the snows of seven winters have in their season robed thy grave
with a stainless winding-sheet, yet is thy memory cherished fondly as at
first: still shall the flowers of each succeeding summer strew that grave,
and the lofty pines of thy native state shall furnish thy requiem.
"How sleep the brave, who sink to rest
By all their Country's wishes blest:
By fairy hands their knell is rung;
By forms unseen their dirge is sung;
Here Honor comes, a pilgrim gray,
To deck the turf that wraps their clay;
And Freedom shall awhile repair
To dwell, a weeping hermit, there."
_Collins._
End of the Project Gutenberg EBook of Reminiscences of the Thirty-Fourth
Regiment, Mass. Vol. Infantry, by William H. Clark
*** END OF THIS PROJECT GUTENBERG EBOOK REMINISCENCES OF THE ***
***** This file should be named 33357.txt or 33357.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/3/3/3/5/33357/
Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/American
Libraries.)
Updated editions will replace the previous one--the old editions
will be renamed.
Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.
*** START: FULL LICENSE ***
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.org/license).
Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.
1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:
This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever. You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.org
1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that
- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, "Information about donations to
the Project Gutenberg Literary Archive Foundation."
- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.
- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.
- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium with
your written explanation. The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund. If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund. If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need, are critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.
Section 3. Information about the Project Gutenberg Literary Archive
Foundation
The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.
The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
[email protected]. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
[email protected]
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg Web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations.
To donate, please visit: http://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.
Most people start at our Web site which has the main PG search facility:
http://www.gutenberg.org
This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.
