The Project Gutenberg eBook of The Story of the Raising and Organization of a Regiment of Volunteers in 1862 This ebook is for the use of anyone anywhere in the United States and most other parts of the world 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. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. Title: The Story of the Raising and Organization of a Regiment of Volunteers in 1862 Author: Ellis Spear Release date: May 30, 2010 [eBook #32604] Language: English Credits: E-text prepared by Jeannie Howse and Friend and the Project Gutenberg Online Distributed Proofreading Team (http://www.pgdp.net) from page images generously made available by Internet Archive/American Libraries (http://www.archive.org/details/americana) *** START OF THE PROJECT GUTENBERG EBOOK THE STORY OF THE RAISING AND ORGANIZATION OF A REGIMENT OF VOLUNTEERS IN 1862 *** E-text prepared by Jeannie Howse and Friend and the Project Gutenberg Online Distributed Proofreading Team (http://www.pgdp.net) from page images generously made available by Internet Archive/American Libraries (http://www.archive.org/details/americana) Note: Images of the original pages are available through Internet Archive/American Libraries. See http://www.archive.org/details/storyofraisingor00spea Military Order of the Loyal Legion of the United States. Commandery of the District of Columbia. War Papers. 46 THE STORY OF THE RAISING AND ORGANIZATION OF A REGIMENT OF VOLUNTEERS IN 1862. Prepared by Companion Brevet Brigadier General ELLIS SPEAR, U.S. Volunteers, And Read at the Stated Meeting of March 4, 1903. The Story of the Raising and Organization of a Regiment of Volunteers in 1862. Heretofore papers which have been read before this Commandery have related to personal reminiscences of campaigns and battles, with all the interest which accompanies the personal element in such affairs. The preservation of these details is of great importance, not only for the special interest which attaches to them, but because they illustrate the larger actions and will be of value to future generations, as showing the very body and features of the time. How valuable these minor matters are, we perceive plainly by the use made of them as they are found in autobiographies and diaries of former generations. The knowledge of the manner in which people lived and thought and acted in private life throws light upon public affairs and public characters. It is interesting, and not unprofitable, to know that the Father of his Country in some wrathful mood swore roundly; or that the Philosopher of the Revolution, in his younger days, trudged in the streets of Philadelphia with a loaf of bread under each arm; or, when older, was very gay and festive in the gay and festive capital of France. I propose to continue in the same grave historical vein, but to treat of less important affairs. I propose to avoid the beaten track of campaigns, battles, marches and skirmishes, and the luxurious life of Libbey or Andersonville prisons, and going back to the beginning of things, endeavor to explain how a volunteer regiment was raised and gotten into the field, and, incidentally, perhaps, to touch upon the character of its officers and men. The regiment of which I speak was the last to be organized in its State under the call for three hundred thousand men, made by the general Government in 1862. It was the last of that "three hundred thousand more" responding to the call of "Father Abraham," according to the popular ditty of the time. The recruiting was done by private individuals, and at their own expense, under the authority of the Governor of the State. These private individuals, as a matter of course, expected, as a reward for their labor and expenditures, to be commissioned in the companies which they might raise. That was the understanding. Doubtless, in their efforts, they were inspired by patriotism, but, as was said about the Pilgrim Fathers, that they "sailed by Deuteronomy, modified by an eye to the main chance;" so there was also, with the officers, some modification or further stimulus of personal consideration, just as with the enlisted men--their patriotic impulses were somewhat assisted by the bounty of a hundred dollars. This method of raising troops was an effective one and inexpensive to the Government; but as it involved more or less of log-rolling amongst his neighbors, and more or less persuasion and perhaps promises in the obtaining of recruits on the part of the ambitious recruiting officer, it was not so promising for future discipline. Nor was the process of selecting line officers by their ability or success in persuading their neighbors to enlist, a severe test of military fitness. However, these considerations did not trouble the Governor nor the impromptu recruiting officer, who did not foresee them. He had no experience whatever in this line of business, and fortunately did not look so far ahead. To say that as a rule he was utterly green in military matters, is to do injustice to the words. However, he might be credited with some enterprise and even audacity, for such certainly were required in a young man given to serious reflection, who should proposed to organize a military company, and to command it in the field, when he scarcely knew a line of battle from a line of rail fence. Amongst those raising companies were young lawyers who had perhaps learned to draw an indictment, but who would not then have been able to draw anything in the military line, unless it were rations, or the enemy's fire. There were schoolmasters whose only qualifications for getting men to the front and keeping them there, were based on experience in teaching young ideas how to shoot. There were farmers, clerks, and fellows just out of college, some graduates and some undergraduates, but with not a tried or known military qualification in the whole squad. I mistake; there was one who recruited a company, and who had been in the Mexican War, but he was afterward found to have forgotten most that he had ever learned, and was soon found also unable, in the matter of legs, to keep up with the procession. And there was another who had had experience in an earlier regiment raised in 1861, but he resigned after his first battle. However, with these miscellaneous qualifications, unaided by experience, the embryo officers worked energetically to enlist the men. The work was largely, but not wholly, of the button-holing order. It was not unattended with exciting incidents. Anxious mothers met the recruiting officers sometimes in tears and sometimes in wrath. One such, I remember, drove him from the premises with a pitchfork. It was the first charge he had met and he retreated. The young man, however, got his recruit. The method of recruiting at that time would not bear strict investigation. It shared in the general and unavoidable slip-shodness and haste which marked the whole work of raising great armies out of an undrilled and unmilitary population, and on short notice. Troops in large numbers were needed and that urgently. Political considerations forbade drafting. They must be raised by volunteering. The inducements were bounties to the men and commissions to the officers. He who could raise a company in the least time was looked upon with the greatest favor and, other things being equal, got the earliest letter in the alphabet of the regiment. The recruiting officer did not know what kind of a man, of what physical or moral fibre, the service required, and had no opportunity to learn. His object was to get his hundred men as quickly as possible; and provided the recruit had limbs, organs, and dimensions, that was enough. The care of the Governor of the State, and usually his knowledge, went also no further. He had the State's quota to fill, and was most concerned to fill it as early and as easily as possible. The average examining surgeon had no more knowledge of the business than the recruiting officer, and was inclined to take the patriotism of the volunteer as conclusive evidence of bodily soundness. The mustering officer mustered in the lump, what the recruiting officer had gathered and the surgeon had passed. So there was small effort at sifting. The results were sometimes even ludicrous. One fellow, too short, was passed in high-heeled shoes, and grew shorter as time and his shoes wore on; but he made an excellent soldier. Another passed muster in a black beard, which soon after disclosed an ever widening zone of grey, and he became a veteran prematurely. More obscure bodily defects developed on the first hard campaign, and speedily furnished ample material for the hospital and pension roll. However, by hook or crook the ten companies were raised, and from various quarters were transported at the Government's expense, to the camp where they were to be organized into a regiment. There was some grumbling on account of having to ride in a freight car on the part of men who afterwards, many times, would have very gladly availed themselves of that jolting method of transportation. At the rendezvous the company first to arrive found neither quarters nor rations, and therefore marched into the city, woke up the Mayor, and then relied on his patriotic charity. But the later arrivals fared better, and there was plenty of beef and bread. The Governor, when he saw the enlistment rolls, and heard that the men had been placed in camp at the rendezvous, said to himself and his counsellors: "These fellows who have recruited so many men and have actually landed them in camp must have military qualifications," and straightway he commissioned them all. Strictly speaking, however, it was not straightway, but as soon as the clerks could fill out the commissions and the Governor found time to sign them. All these assembled recruits and expectant officers presented when in camp the general appearance of a town meeting. But one uniform was to be seen; that was of the gentleman who had seen service in the regiment of 1861; the uniform of the Mexican veteran evidently had been worn out long since. However, soon the Major came who had seen some service as a captain in an earlier regiment, and who had succeeded in getting himself transferred with an increased rank; leave of absence and promotion at the same stroke. He wore a uniform, but looked lonesome. However, he had seen a camp and had been in a regiment, and had some ideas of what ought to be done. He organized a guard whose only weapons at first were those given by nature or borrowed from the wood pile. His first officer of the day, in a brown cutaway, striped trowsers, and a silk hat, bore as insignia of his office a part of a military weapon, now discarded, but at that early date in use, and known as a ramrod. If there were a sword in camp, excepting those of the major commanding and the veteran of '61, its owner must have concealed it, perhaps for fear of applications to borrow. Imagine the guard mounting! the difficulties of getting into line; no two hats alike; no uniforms and no two suits alike, and the officer of the day in costume approximating that of a Quaker, and with a ramrod for a sword! The orders were of a nature of explanation and conference, and were the result of an agreement between the officers and men. To the credit of all concerned it must be said that these agreements were faithfully carried out, and if any fellow presumed to disobey the officer of the guard after due remonstrance, he was liable to be knocked down and perhaps kicked, according to the gravity of the offence. But there were no accidents from fire-arms. Shot-guns had been left at home and Springfield muskets had not arrived. Clothing arrived in boxes in advance of the quartermaster, but lack of quartermaster was a small matter. One of the captains (since a distinguished lawyer), was detailed to attend to the business of distributing the clothing, and the invoices and vouchers were long afterwards, I believe, made up by counting noses and multiplying that factor by the number of articles properly allowed each man. By good luck or the favor of Providence rations soon became plenty. There was no canned roast beef nor those other luxuries much advertised long afterwards, as we all know, but there was salt beef in abundance and bread and potatoes and coffee. The country boys sorely missed their daily pie, but there was no grumbling; the beef and potatoes were cooked in the company's kitchen, and such were the innate good manners of the cooks that the officers were served first out of the rations of the men. But I anticipate. Prior to the issue of the clothing, and while the affairs of the camp were conducted in this go-as-you please manner, more civil than military, one evening the Colonel arrived, a West Pointer, and recently from service in the regular army in the field. At once there seemed to be a general impression throughout the camp, which cannot perhaps be expressed better than by the use of a phrase common on that ship-building coast, "that there was the devil to pay and no pitch hot." The Colonel, a thoroughly trained soldier, saw things, to him new and strange, and perhaps with a prejudiced eye. It was his first experience with volunteers, and he found them in their most immature condition. The respectable citizen who seemed to be half loafing, half on guard at the Headquarters' tent did not salute, and, in fact, had nothing military to salute with, but cheerfully remarked "How do you do, Colonel." Him the Colonel regarded as a villain of the deepest dye and perhaps as a fool into the bargain. But this was all of a piece with the general appearance of the camp, so far as the Colonel saw it. Once in the tent he sent an orderly disguised as an honest citizen of the State, and who did not know, in fact, that he was an orderly, for the officer of the day. When that friend appeared, the Colonel propounded questions to him which he had never heard before, and never dreamed of. If the Colonel had inquired about hexameter verse or the volume of the cycloid, he might have obtained perhaps prompt and correct answers. But concerning the details of guard mounting and the duties of his office, the embryo Captain and Officer of the Guard was as ignorant as a spring chicken; and after some fruitless pursuit of information the Colonel expressed the opinion that it was "A hell of a regiment," and terminated the interview. The officer of the day went out with the impression that he had smelled something sulphurous, and that the Colonel was correct in his location of the regiment. However, the men were speedily put into uniform, company books were distributed, and there was a scramble, under pressure from Headquarters, for information as to tactics and army regulations. Commissions for the officers came from the Governor, and uniforms from the tailor; the mustering officer appeared, and these miscellaneous gentlemen of various previous occupations and training, suddenly became officers and men, in the army of the United States, tailor-made and Governor-made. Probably the parchments and the textile fabrics had been selected with quite as much care and discrimination as the raw material which they covered and designated. Certainly the commissions and uniforms were made by rule and in accordance with the army regulations. The officers, so far, had simply happened. The diverse effect of all these new clothes was remarkable. Of course there was no such blaze of glory as that which now appears upon the Avenue on occasions of official display; but compared with the sober drabs of civil life, the blue cloth with the gold buttons and the new shoulder-straps were comparatively gorgeous. Some whose youth was more easily affected by the unusual display assumed airs of importance; others wore their honors with meekness, and some went about with a settled determination expressed upon their faces to attend to business and to ignore as far as possible these honors and glories thus suddenly thrust upon them. The camp put on a military appearance, and the regiment, if not a lion, was at least clothed in the skin of that formidable beast. Arms and equipments were procured for two companies, and there were feeble attempts to drill. Company K, blessed with an officer of some experience, went forward with a bound, and the blind leaders of the blind in other companies groped on. A drum corps was organized, if that could be said to be organized in which every member drummed or fifed independently of all others. The Adjutant and Sergeant-Major were made out of the same raw material, and in a few days the regiment reached that astounding perfection of drill which permitted it to get into line and go from line into column and the reverse. The sound of men counting off, "1, 2," "1, 2," "1, 2," was heard throughout the camp, and that wonderful complication in which No. 2 was perpetually stepping to the right of No. 1, was a daily occurrence, and finally came to be understood. Of course the line was not at first the shortest distance between two fixed points, and the process of going from line into column resembled a convulsion. In this advanced stage of the drill, the Colonel determined to hold a dress parade. With much running to and fro and much discord under the theory of drumming and fifing, from the drum corps on flank, much exhortation on the part of the line officers, much right-dressing and left-dressing, the regiment was gotten approximately into line. The Colonel was in his place in front, with his war visage on, and filled with energy and disgust, when suddenly and prematurely the drum corps broke loose and began to ramble down the line uttering discords galore. It was very far from "sonorous metal blowing martial sounds." Then came the first order of the Colonel which, as faithful history must record, was the beginning of the military history of the regiment as a battalion. The order was: "Captain Bangs, stop that damned drumming." The order was directed to Captain Bangs from local considerations, he being the Captain nearest to the point where the confusion had broken out. It is needless to say that neither Captain Bangs nor the drum corps heard the order. They would not have heard it had it been uttered through a megaphone, and megaphones had not then been invented. The Colonel, the noise continuing, and the drum corps continuing, grew more and more wrathy, and finally charged upon that musical body sword in hand. It was an unfair advantage, justifiable only on the ground of military necessity. The Colonel was armed and the drum corps had only drums and fifes, formidable for offence but not for defence. Instantly they were routed and fled, and disappearing around the nearest flank, took refuge in the rear. It was the first victory in the regiment. It could not be said that this charge reduced things to order; it only tended to suppress disorder. What became of the drum corps on that day I do not now remember. I have the impression that they retired to the guard-house for recuperation. Certainly they appeared no more upon the scene that day, and the dress parade proceeded as a school of instruction, which the Colonel administered partly to the regiment as a whole, and partly to individuals, with distressing particularity. Of the instruction given in general terms it is sufficient to say that it was of the most elementary character, and was such wholesome counsel as an experienced and trained officer would give to a green regiment; only the terms were unusually emphatic, and the amount too great for one occasion. Of the individual exhortations a sample should be preserved to posterity as illustrating the conditions of these times. If any be inclined to judge harshly, from the character of these exhortations, as to the patience and forbearance and longsuffering spirit inculcated at West Point, he may consider the trying nature of the job suddenly placed upon the graduate of that venerable institution (only one year out of the school, and of a temper naturally not mild), called upon to direct and drill, in one lump, a thousand greenhorns, and charged with the duty of making soldiers out of them. Unfortunately, in the center of the line, in front and in plain view, was a newly uniformed and commissioned Lieutenant, whose _nomme de guerre_ was Simps. On this occasion he was standing much like a tall, full meal bag, bulging under its own pressure. The eagle eye of the Colonel soon detected him and the wrath accumulated, and unsoothed by the strains of the drum corps, broke out afresh. Referring in terms of emphatic condemnation to Simps as an individual, and assigning his spiritual being to a warmer climate, he ordered him to "draw up his bowels." The embarrassed Simps, thus singled out and complimented, already feeling himself in too conspicuous a position, and quite too new to the business, and also alarmed at the suddenness and warmth of the personal address in front of so large and critical a company, made some convulsive movement as if struck by lightning; but either because he had no control over his abdominal muscles, or because he was paralyzed by fear, he did not "draw up" perceptibly. However, Simps was not the only awkward figure in the line, though perhaps the most conspicuous; and the exhortations of the Colonel proceeded, and soon no fellow felt sure that some particular exhortation, uncomplimentary and perhaps not fully understood, would fall upon him. The attention of the Colonel, however, recurred to Simps, no less bulging, but rather worse than before: "Mr. Simps, for God's sake draw up your bowels." The miserable Simps could not; his bowels were not built that way, and further exhortations followed in the same vein, and with increasing emphasis. He was advised to employ the worst drilled man in the regiment to teach him, and finally was driven into the rear of the regiment, where he disappeared to fame, and from whence he soon after retired to private life. His military career was short but conspicuous. He had one notice from his commanding officer in front of his regiment. He was probably, too, the only man in military history, certainly the only one whom I have found in a somewhat extensive reading, who was disabled as to the military service and lost to the defence of his country because he could not "draw up his bowels." Other heroes, notably in the recent Spanish war, have failed to confer luster on the American arms and to secure immortal fame for themselves simply from lack of opportunity. It was reserved to Simps alone to miss the shining mark by reason of stomachic distortion. This particular lesson, however, was not lost upon the regiment, and the enforcement of it was subsequently made easier when in the field, by reason of material change in the rations. For some days, however, instruction mixed with similar emphatic exhortations continued, and the regiment continued to learn military drill and a new vocabulary at the same time. The regiment had been in camp about a week when, on the 29th day of August, it was mustered into the service of the United States, and soon thereafter was ordered to the front, greatly to the relief of all, and especially of those slowest to learn. After these trials by fire, so to speak, the Government in its wisdom proceeded to give a further seasoning by water, and this regiment with another (2,000 men in all) were shipped, packed like so many sardines, in one vessel, from Boston to Alexandria. This process was perhaps a process of artificial aging as of liquor, and served well to assist in the process of drawing up the bowels to the regimental standard. While the men, packed in the hold of the ship, on this voyage, were taking care of themselves as best they could, the company officers, under the tutoring of the Colonel, were cramming themselves with Casey's Tactics. In due time they passed Alexandria, and, as a cheerful introduction to the service, saw on the decks of the river steamboats the crowds of wounded from the field of the Second Bull Run and heard of the disastrous result of that battle. Landed at the Arsenal the regiment passed the first night in an adjacent open lot, on a downy bed of dead cats, bricks and broken bottles; the next day they were supplied with arms and equipments, and on the hot September evening of that day marched without a halt, seven miles, and joined the brigade to which the regiment had been assigned. It is a striking illustration of the pressure of the emergency, and of the wasteful unpreparedness of the Government, that within three weeks from the day this regiment was mustered into service, and before it had ever had what could properly be called a battalion drill, it was in the battle of Antietam. But subsequently officers and men were instructed and drilled in the field, in time snatched from battle, marching, picketing, and camp duties. They learned the duties of a soldier by performing them, and in performing them; at first laboriously, with difficulty and awkwardly. But they learned them well. Of the original officers, two served with great distinction and rose to the rank of Major-General. And the men so raw and undrilled at first, under the severe but wise discipline and thorough instruction, became soldiers as good as any that ever carried muskets. At Gettysburg, ten months after muster in, they stood till 40 per cent. of their number had been killed or wounded, and then charged. That line, so awkward, raw, and unprepared at first, in all the subsequent campaigns, from Antietam to Appomattox Court House, in fights as stiff, and under fire as searching and deadly as any, was never broken. Never! *** END OF THE PROJECT GUTENBERG EBOOK THE STORY OF THE RAISING AND ORGANIZATION OF A REGIMENT OF VOLUNTEERS IN 1862 *** Updated editions will replace the previous one—the old editions will be renamed. Creating the works from print editions not protected by U.S. copyright law 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™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. 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™ 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™ License available with this file or online at www.gutenberg.org/license. Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works 1.A. By reading or using any part of this Project Gutenberg™ 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™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ 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™ 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™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ 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™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law 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™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ 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™ 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™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than 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™ License must appear prominently whenever any copy of a Project Gutenberg™ 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 in the United States and most other parts of the world 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. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. 1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (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™ trademark as set forth in paragraphs 1.E.8 or 1.E.9. 1.E.3. If an individual Project Gutenberg™ 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™ 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™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™. 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™ 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™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (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™ 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™ 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™ electronic works provided that: • You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ 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™ 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™ 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™ works. 1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ 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 works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ 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™ trademark, and any other party distributing a Project Gutenberg™ 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 1.F.3. 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 MERCHANTABILITY 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™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ 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™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause. Section 2. Information about the Mission of Project Gutenberg™ Project Gutenberg™ 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™’s goals and ensuring that the Project Gutenberg™ 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™ 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 information page at www.gutenberg.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. 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 business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation Project Gutenberg™ depends upon and cannot survive without widespread 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 www.gutenberg.org/donate. 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: www.gutenberg.org/donate. Section 5. General Information About Project Gutenberg™ electronic works Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support. Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright 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 website which has the main PG search facility: www.gutenberg.org. This website includes information about Project Gutenberg™, 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.