Project Gutenberg's Spanish Prisoners of War, by William Dean Howells
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: Spanish Prisoners of War
From "Literature and Life"
Author: William Dean Howells
Release Date: October 22, 2004 [EBook #3383]
Language: English
*** START OF THIS PROJECT GUTENBERG EBOOK SPANISH PRISONERS OF WAR ***
Produced by David Widger
LITERATURE AND LIFE--Spanish Prisoners of War
by William Dean Howells
SPANISH PRISONERS OF WAR
Certain summers ago our cruisers, the St. Louis and the Harvard, arrived
at Portsmouth, New Hampshire, with sixteen or seventeen hundred Spanish
prisoners from Santiago de Cuba. They were partly soldiers of the land
forces picked up by our troops in the fights before the city, but by far
the greater part were sailors and marines from Cervera's ill-fated fleet.
I have not much stomach for war, but the poetry of the fact I have stated
made a very potent appeal to me on my literary side, and I did not hold
out against it longer than to let the St. Louis get away with Cervera to
Annapolis, when only her less dignified captives remained with those of
the Harvard to feed either the vainglory or the pensive curiosity of the
spectator. Then I went over from our summer colony to Kittery Point, and
got a boat, and sailed out to have a look at these subordinate enemies in
the first hours of their imprisonment.
I.
It was an afternoon of the brilliancy known only to an afternoon of the
American summer, and the water of the swift Piscataqua River glittered in
the sun with a really incomparable brilliancy. But nothing could light
up the great monster of a ship, painted the dismal lead-color which our
White Squadrons put on with the outbreak of the war, and she lay sullen
in the stream with a look of ponderous repose, to which the activities of
the coaling-barges at her side, and of the sailors washing her decks,
seemed quite unrelated. A long gun forward and a long gun aft threatened
the fleet of launches, tugs, dories, and cat-boats which fluttered about
her, but the Harvard looked tired and bored, and seemed as if asleep.
She had, in fact, finished her mission. The captives whom death had
released had been carried out and sunk in the sea; those who survived to
a further imprisonment had all been taken to the pretty island a mile
farther up in the river, where the tide rushes back and forth through the
Narrows like a torrent. Its defiant rapidity has won it there the
graphic name of Pull-and-be-Damned; and we could only hope to reach the
island by a series of skilful tacks, which should humor both the wind and
the tide, both dead against us. Our boatman, one of those shore New
Englanders who are born with a knowledge of sailing, was easily master of
the art of this, but it took time, and gave me more than the leisure I
wanted for trying to see the shore with the strange eyes of the captives
who had just looked upon it. It was beautiful, I had to own, even in my
quality of exile and prisoner. The meadows and the orchards came down to
the water, or, where the wandering line of the land was broken and lifted
in black fronts of rock, they crept to the edge of the cliff and peered
over it. A summer hotel stretched its verandas along a lovely level;
everywhere in clovery hollows and on breezy knolls were gray old
farmhouses and summer cottages-like weather-beaten birds' nests, and like
freshly painted marten-boxes; but all of a cold New England neatness
which made me homesick for my malodorous Spanish fishing-village,
shambling down in stony lanes to the warm tides of my native seas. Here,
every place looked as if it had been newly scrubbed with soap and water,
and rubbed down with a coarse towel, and was of an antipathetic
alertness. The sweet, keen breeze made me shiver, and the northern sky,
from which my blinding southern sun was blazing, was as hard as sapphire.
I tried to bewilder myself in the ignorance of a Catalonian or Asturian
fisherman, and to wonder with his darkened mind why it should all or any
of it have been, and why I should have escaped from the iron hell in
which I had fought no quarrel of my own to fall into the hands of
strangers, and to be haled over seas to these alien shores for a
captivity of unknown term. But I need not have been at so much pains;
the intelligence (I do not wish to boast) of an American author would
have sufficed; for if there is anything more grotesque than another in
war it is its monstrous inconsequence. If we had a grief with the
Spanish government, and if it was so mortal we must do murder for it, we
might have sent a joint committee of the House and Senate, and, with the
improved means of assassination which modern science has put at our
command, killed off the Spanish cabinet, and even the queen--mother and
the little king. This would have been consequent, logical, and in a sort
reasonable; but to butcher and capture a lot of wretched Spanish peasants
and fishermen, hapless conscripts to whom personally and nationally we
were as so many men in the moon, was that melancholy and humiliating
necessity of war which makes it homicide in which there is not even the
saving grace of hate, or the excuse of hot blood.
I was able to console myself perhaps a little better for the captivity of
the Spaniards than if I had really been one of them, as we drew nearer
and nearer their prison isle, and it opened its knotty points and little
ravines, overrun with sweet-fern, blueberry-bushes, bay, and low
blackberry-vines, and rigidly traversed with a high stockade of yellow
pine boards. Six or eight long, low, wooden barracks stretched side by
side across the general slope, with the captive officers' quarters,
sheathed in weather-proof black paper, at one end of them. About their
doors swarmed the common prisoners, spilling out over the steps and on
the grass, where some of them lounged smoking. One operatic figure in a
long blanket stalked athwart an open space; but there was such poverty of
drama in the spectacle at the distance we were keeping that we were glad
of so much as a shirt-sleeved contractor driving out of the stockade in
his buggy. On the heights overlooking the enclosure Gatling guns were
posted at three or four points, and every thirty or forty feet sentries
met and parted, so indifferent to us, apparently, that we wondered if we
might get nearer. We ventured, but at a certain moment a sentry called to
us, "Fifty yards off, please!" Our young skipper answered, "All right,"
and as the sentry had a gun on his shoulder which we had every reason to
believe was loaded, it was easily our pleasure to retreat to the
specified limit. In fact, we came away altogether, after that, so little
promise was there of our being able to satisfy our curiosity further.
We came away care fully nursing such impression as we had got of a spec
tacle whose historical quality we did our poor best to feel. It related
us, after solicitation, to the wars against the Moors, against the
Mexicans and Peruvians, against the Dutch; to the Italian campaigns of
the Gran Capitan, to the Siege of Florence, to the Sack of Rome, to the
wars of the Spanish Succession, and what others. I do not deny that
there was a certain aesthetic joy in having the Spanish prisoners there
for this effect; we came away duly grateful for what we had seen of them;
and we had long duly resigned ourselves to seeing no more, when word was
sent to us that our young skipper had got a permit to visit the island,
and wished us to go with him.
II.
It was just such another afternoon when we went again, but this time we
took the joyous trolley-car, and bounded and pirouetted along as far as
the navyyard of Kittery, and there we dismounted and walked among the
vast, ghostly ship-sheds, so long empty of ships. The grass grew in the
Kittery navy-yard, but it was all the pleasanter for the grass, and those
pale, silent sheds were far more impressive in their silence than they
would have been if resonant with saw and hammer. At several points, an
unarmed marine left his leisure somewhere, and lunged across our path
with a mute appeal for our permit; but we were nowhere delayed till we
came to the office where it had to be countersigned, and after that we
had presently crossed a bridge, by shady, rustic ways, and were on the
prison island. Here, if possible, the sense of something pastoral
deepened; a man driving a file of cows passed before us under kindly
trees, and the bell which the foremost of these milky mothers wore about
her silken throat sent forth its clear, tender note as if from the depth
of some grassy bosk, and instantly witched me away to the woods-pastures
which my boyhood knew in southern Ohio. Even when we got to what seemed
fortifications they turned out to be the walls of an old reservoir, and
bore on their gate a paternal warning that children unaccompanied by
adults were not allowed within.
We mounted some stone steps over this portal and were met by a young
marine, who left his Gatling gun for a moment to ask for our permit, and
then went back satisfied. Then we found ourselves in the presence of a
sentry with a rifle on his shoulder, who was rather more exacting.
Still, he only wished to be convinced, and when he had pointed out the
headquarters where we were next to go, he let us over his beat. At the
headquarters there was another sentry, equally serious, but equally
civil, and with the intervention of an orderly our leader saw the officer
of the day. He came out of the quarters looking rather blank, for he had
learned that his pass admitted our party to the lines, but not to the
stockade, which we might approach, at a certain point of vantage and look
over into, but not penetrate. We resigned ourselves, as we must, and
made what we could of the nearest prison barrack, whose door overflowed
and whose windows swarmed with swarthy captives. Here they were, at such
close quarters that their black, eager eyes easily pierced the pockets
full of cigarettes which we had brought for them. They looked mostly
very young, and there was one smiling rogue at the first window who was
obviously prepared to catch anything thrown to him. He caught, in fact,
the first box of cigarettes shied over the stockade; the next box flew
open, and spilled its precious contents outside the dead-line under the
window, where I hope some compassionate guard gathered them up and gave
them to the captives.
Our fellows looked capable of any kindness to their wards short of
letting them go. They were a most friendly company, with an effect of
picnicking there among the sweet-fern and blueberries, where they had
pitched their wooden tents with as little disturbance to the shrubbery as
possible. They were very polite to us, and when, after that misadventure
with the cigarettes (I had put our young leader up to throwing the box,
merely supplying the corpus delicti myself), I wandered vaguely towards a
Gatling gun planted on an earthen platform where the laurel and the
dogroses had been cut away for it, the man in charge explained with a
smile of apology that I must not pass a certain path I had already
crossed.
One always accepts the apologies of a man with a Gatling gun to back
them, and I retreated. That seemed the end; and we were going
crestfallenly away when the officer of the day came out and allowed us to
make his acquaintance. He permitted us, with laughing reluctance, to
learn that he had been in the fight at Santiago, and had come with the
prisoners, and he was most obligingly sorry that our permit did not let
us into the stockade. I said I had some cigarettes for the prisoners,
and I supposed I might send them; in, but he said he could not allow
this, for they had money to buy tobacco; and he answered another of our
party, who had not a soul above buttons, and who asked if she could get
one from the Spaniards, that so far from promoting her wish, he would
have been obliged to take away any buttons she might have got from them.
"The fact is," he explained, "you've come to the wrong end for
transactions in buttons and tobacco."
But perhaps innocence so great as ours had wrought upon him. When we
said we were going, and thanked him for his unavailing good-will, he
looked at his watch and said they were just going to feed the prisoners;
and after some parley he suddenly called out, "Music of the guard!"
Instead of a regimental band, which I had supposed summoned, a single
corporal ran out the barracks, touching his cap.
"Take this party round to the gate," the officer said, and he promised us
that he would see us there, and hoped we would not mind a rough walk. We
could have answered that to see his prisoners fed we would wade through
fathoms of red-tape; but in fact we were arrested at the last point by
nothing worse than the barbed wire which fortified the outer gate. Here
two marines were willing to tell us how well the prisoners lived, while
we stared into the stockade through an inner gate of plank which was run
back for us. They said the Spaniards had a breakfast of coffee, and hash
or stew and potatoes, and a dinner of soup and roast; and now at five
o'clock they were to have bread and coffee, which indeed we saw the
white-capped, whitejacketed cooks bringing out in huge tin wash-boilers.
Our marines were of opinion, and no doubt rightly, that these poor
Spaniards had never known in their lives before what it was to have full
stomachs. But the marines said they never acknowledged it, and the one
who had a German accent intimated that gratitude was not a virtue of any
Roman (I suppose he meant Latin) people. But I do not know that if I
were a prisoner, for no fault of my own, I should be very explicitly
thankful for being unusually well fed. I thought (or I think now) that a
fig or a bunch of grapes would have been more acceptable to me under my
own vine and fig-tree than the stew and roast of captors who were indeed
showing themselves less my enemies than my own government, but were still
not quite my hosts.
III.
How is it the great pieces of good luck fall to us? The clock strikes
twelve as it strikes two, and with no more premonition. As we stood
there expecting nothing better of it than three at the most, it suddenly
struck twelve. Our officer appeared at the inner gate and bade our
marines slide away the gate of barbed wire and let us into the enclosure,
where he welcomed us to seats on the grass against the stockade, with
many polite regrets that the tough little knots of earth beside it were
not chairs.
The prisoners were already filing out of their quarters, at a rapid trot
towards the benches where those great wash-boilers of coffee were set.
Each man had a soup-plate and bowl of enamelled tin, and each in his turn
received quarter of a loaf of fresh bread and a big ladleful of steaming
coffee, which he made off with to his place at one of the long tables
under a shed at the side of the stockade. One young fellow tried to get
a place not his own in the shade, and our officer when he came back
explained that he was a guerrillero, and rather unruly. We heard that
eight of the prisoners were in irons, by sentence of their own officers,
for misconduct, but all save this guerrillero here were docile and
obedient enough, and seemed only too glad to get peacefully at their
bread and coffee.
First among them came the men of the Cristobal Colon, and these were the
best looking of all the captives. From their pretty fair average the
others varied to worse and worse, till a very scrub lot, said to be
ex-convicts, brought up the rear. They were nearly all little fellows,
and very dark, though here and there a six-footer towered up, or a blond
showed among them. They were joking and laughing together, harmlessly
enough, but I must own that they looked a crew of rather sorry
jail-birds; though whether any run of humanity clad in misfits of our navy
blue and white, and other chance garments, with close-shaven heads, and
sometimes bare feet, would have looked much less like jail-birds I am not
sure. Still, they were not prepossessing, and though some of them were
pathetically young, they had none of the charm of boyhood. No doubt they
did not do themselves justice, and to be herded there like cattle did not
improve their chances of making a favorable impression on the observer.
They were kindly used by our officer and his subordinates, who mixed
among them, and straightened out the confusion they got into at times,
and perhaps sometimes wilfully. Their guards employed a few handy words
of Spanish with them; where these did not avail, they took them by the
arm and directed them; but I did not hear a harsh tone, and I saw no
violence, or even so much indignity offered them as the ordinary trolley-
car passenger is subjected to in Broadway. At a certain bugle-call they
dispersed, when they had finished their bread and coffee, and scattered
about over the grass, or returned to their barracks. We were told that
these children of the sun dreaded its heat, and kept out of it whenever
they could, even in its decline; but they seemed not so much to withdraw
and hide themselves from that, as to vanish into the history of "old,
unhappy, far-off" times, where prisoners of war, properly belong. I
roused myself with a start as if I had lost them in the past.
Our officer came towards us and said gayly, "Well, you have seen the
animals fed," and let us take our grateful leave. I think we were rather
a loss, in our going, to the marines, who seemed glad of a chance to
talk. I am sure we were a loss to the man on guard at the inner gate,
who walked his beat with reluctance when it took him from us, and eagerly
when it brought him back. Then he delayed for a rapid and comprehensive
exchange of opinions and ideas, successfully blending military
subordination with American equality in his manner.
The whole thing was very American in the perfect decorum and the utter
absence of ceremony. Those good fellows were in the clothes they wore
through the fights at Santiago, and they could not have put on much
splendor if they had wished, but apparently they did not wish. They were
simple, straightforward, and adequate. There was some dry joking about
the superiority of the prisoners' rations and lodgings, and our officer
ironically professed his intention of messing with the Spanish officers.
But there was no grudge, and not a shadow of ill will, or of that stupid
and atrocious hate towards the public enemy which abominable newspapers
and politicians had tried to breed in the popular mind. There was
nothing manifest but a sort of cheerful purpose to live up to that
military ideal of duty which is so much nobler than the civil ideal of
self-interest. Perhaps duty will yet become the civil ideal, when the
peoples shall have learned to live for the common good, and are united
for the operation of the industries as they now are for the hostilities.
IV.
Shall I say that a sense of something domestic, something homelike,
imparted itself from what I had seen? Or was this more properly an
effect from our visit, on the way back to the hospital, where a hundred
and fifty of the prisoners lay sick of wounds and fevers? I cannot say
that a humaner spirit prevailed here than in the camp; it was only a more
positive humanity which was at work. Most of the sufferers were
stretched on the clean cots of two long, airy, wooden shells, which
received them, four days after the orders for their reception had come,
with every equipment for their comfort. At five o'clock, when we passed
down the aisles between their beds, many of them had a gay, nonchalant
effect of having toothpicks or cigarettes in their mouths; but it was
really the thermometers with which the nurses were taking their
temperature. It suggested a possibility to me, however, and I asked if
they were allowed to smoke, and being answered that they did smoke,
anyway, whenever they could, I got rid at last of those boxes of
cigarettes which had been burning my pockets, as it were, all afternoon.
I gave them to such as I was told were the most deserving among the sick
captives, but Heaven knows I would as willingly have given them to the
least. They took my largesse gravely, as became Spaniards; one said,
smiling sadly, "Muchas gracias," but the others merely smiled sadly; and
I looked in vain for the response which would have twinkled up in the
faces of even moribund Italians at our looks of pity. Italians would
have met our sympathy halfway; but these poor fellows were of another
tradition, and in fact not all the Latin peoples are the same, though we
sometimes conveniently group them together for our detestation. Perhaps
there are even personal distinctions among their several nationalities,
and there are some Spaniards who are as true and kind as some Americans.
When we remember Cortez let us not forget Las Casas.
They lay in their beds there, these little Spanish men, whose dark faces
their sickness could not blanch to more than a sickly sallow, and as they
turned their dull black eyes upon us I must own that I could not "support
the government" so fiercely as I might have done elsewhere. But the
truth is, I was demoralized by the looks of these poor little men, who,
in spite of their character of public enemies, did look so much like
somebody's brothers, and even somebody's children. I may have been
infected by the air of compassion, of scientific compassion, which
prevailed in the place. There it was as wholly business to be kind and
to cure as in another branch of the service it was business to be cruel
and to kill. How droll these things are! The surgeons had their
favorites among the patients, to all of whom they were equally devoted;
inarticulate friendships had sprung up between them and certain of their
hapless foes, whom they spoke of as "a sort of pets." One of these was
very useful in making the mutinous take their medicine; another was liked
apparently because he was so likable. At a certain cot the chief surgeon
stopped and said, "We did not expect this boy to live through the night."
He took the boy's wrist between his thumb and finger, and asked tenderly
as he leaned over him, "Poco mejor?" The boy could not speak to say that
he was a little better; he tried to smile--such things do move the
witness; nor does the sight of a man whose bandaged cheek has been half
chopped away by a machete tend to restore one's composure.
End of Project Gutenberg's Spanish Prisoners of War, by William Dean Howells
*** END OF THIS PROJECT GUTENBERG EBOOK SPANISH PRISONERS OF WAR ***
***** This file should be named 3383.txt or 3383.zip *****
This and all associated files of various formats will be found in:
https://www.gutenberg.org/3/3/8/3383/
Produced by David Widger
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
https://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, is 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 https://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
https://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 https://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 https://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 including checks, online payments and credit card
donations. To donate, please visit: https://pglaf.org/donate
Section 5. General Information About Project Gutenberg-tm electronic
works.
Professor Michael S. Hart was 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:
https://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.
