The Project Gutenberg eBook, A Letter to the Bishop of Exeter, by Edward Hall Alderson 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'll have to check the laws of the country where you are located before using this ebook. Title: A Letter to the Bishop of Exeter Author: Edward Hall Alderson Release Date: October 15, 2018 [eBook #58105] Language: English Character set encoding: ISO-646-US (US-ASCII) ***START OF THE PROJECT GUTENBERG EBOOK A LETTER TO THE BISHOP OF EXETER***
Transcribed from the 1850 Joseph Masters edition by David Price, email ccx074@pglaf.org
BY A LAYMAN.
FOR PRIVATE CIRCULATION ONLY.
LONDON;
PRINTED FOR THE AUTHOR BY
JOSEPH MASTERS, ALDERSGATE STREET.
MDCCCL.
p. 2PRINTED BY
JOSEPH MASTERS,
ALDERSGATE STREET.
(COPY.)
My Dear Lord,
In the course of our conversation yesterday you did me the honour of saying that I had presented the decision of the Judicial Committee of the Privy Council in a somewhat new point of view to you, and you wished that I would put the same down in writing for your more mature consideration. I do so now—not without the hope that my view, if it be correct, may tend to quiet the fears of some of our more anxious friends by showing them what the effect of that Judgment really is, and how little when properly understood it affects the future prospects of the Church. But first I would wish to point out that a decision is not properly to be treated as a law. It differs in this most material circumstance; that a law governs all future decisions, whether the Judges appointed to decide agree with the law or not. But a decision is questionable by them, and only binds them if they agree with it. I p. 4grant that a long course of uniform decisions constantly made, and often recurring, would probably be so nearly equivalent as to be treated practically as a law. But we are speaking of one decision and the effect of it. We have now a practical illustration of that in a case in which you are interested. The Queen’s Bench have refused you a rule for a prohibition, and you are questioning that, by renewing the same application to the Common Pleas. If they agree with the Queen’s Bench on the merits of the argument, they will decide as the Queen’s Bench have done. If they do not agree they will without scruple act contrary to that decision. If the decision of the Queen’s Bench were a law they could not do this. It may be said no doubt that these are courts of co-ordinate jurisdiction, and that the Judicial Committee is the Court of ultimate appeal. But this really makes no difference. It is clear that any future Judicial Committee could overrule this decision; and so might even any inferior court subject however to the consequences of an ultimate appeal against their decision, to which appeal the Judicial Committee itself is not liable. In truth, where the House of Lords makes in a civil suit, a decision contrary to the rules of law, the courts of law very soon, although they do not expressly overrule it, make it practically inoperative by distinguishing every case which comes before them from it, however minute such distinctions may be; whilst if the decision be right and p. 5well-founded, they carry it into effect fully and with all its reasonable consequences as corollaries from it. To those therefore, and there are many, who think that this decision of the Judicial Committee is wrong, I should say, “lay before the public the grounds of your difference of opinion openly, in the shape of well-considered arguments; and in the next case of a similar nature which arises go with confidence in those arguments to the next Judicial Committee, and you will probably succeed, even if the same Judges sit there, and more certainly if their successors do so, in overruling this erroneous decision. In the mean while you will say, there is the evil of a clerk of heretical opinions admitted into the Church; I admit the evil; but suppose it was one who had been acquitted, improperly perhaps in your opinion, of any other offence by competent authority, would it be fair to say, because the tribunal had mistakenly acquitted him, that it was decided that the Church might properly be served by a criminal, and therefore that you must leave it? certainly not. This clerk is in a similar category. In your opinion he is a heretic. But it has been adjudged otherwise by a competent tribunal, and you must acquiesce in this instance, in that judgment which you deem erroneous.” This, my dear Lord, is the advice I should venture to give under these circumstances, and I hope that in so doing, I should have your concurrence.
But there is another point of view also, and I p. 6think a very material one in which I wish to present the decision to you. And it was this of which we were speaking yesterday. Supposing the decision to be of greater weight in governing future cases than for the above reasons I think it is, what is the decision itself? Now it seems to me quite clear that the governing part of every decision as to future cases is the rule of law laid down therein. If the Judges who decide make a blunder as to the facts of the particular case, and upon that erroneous view decide it, laying down the law correctly supposing those facts to be true, the decision may be a wrong one in the individual case, but the law laid down will be right and may well govern in future.
To illustrate my proposition let me suppose that the Judicial Committee in stating what they, from the facts before them, considered to be Mr. Gorham’s opinions, had stated that they considered him as holding “that all children duly baptized in the mode prescribed by our Liturgy were thereby regenerate”—and had proceeded to lay down as a rule that a Clergyman holding that opinion could not justly be refused institution by your lordship. Who could have differed from them as to the rule—however much we might have been surprised as to their opinion on the facts? The rule would be that which would govern future cases. It would have been determined that Clergymen holding the specified opinions must be instituted—and no injury could arise to the Church from such a decision. Our complaint p. 7would be that Mr. Gorham did not hold these opinions in fact. This wrong would only apply to his individual case.
Let me now call your attention to what the Judicial Committee have done. They begin by stating, as I have suggested, Mr. Gorham’s opinions as they collect them from the documents laid before them. They are these.
1. That Baptism is a Sacrament generally necessary to salvation; but that the grace of regeneration does not so necessarily accompany the act of Baptism that regeneration invariably takes place in Baptism.
2. That the grace may be granted before, in, or after Baptism.
3. That Baptism is an effectual sign of grace by which God works invisibly in us, but only in such as worthily receive it: in them alone it has a wholesome effect: and that without reference to the qualification of the recipient it is not in itself an effectual sign of grace.
4. That infants baptized and dying before actual sin, are certainly saved.
5. But that in no case is regeneration in Baptism unconditional.
Upon these opinions, and these alone, the Court proceeds to give judgment,—and they hold that your Lordship was not justified in refusing institution to a Clerk holding these opinions. Even if the decision was in the nature of a law, which it is not, it is at the most a law framed in these specific terms. p. 8Now taking this to be so, I am somewhat at a loss to perceive which of these five propositions taken to the letter necessarily and clearly militates against any known rule or doctrine of the Church of England.
Does the first? For I have divided the statement into parts for greater convenience. I apprehend not. For that adults being baptized and not sincerely believing what they profess to believe are not regenerate in Baptism, is a proposition, I believe not disputed by many. If this be true, regeneration does not so necessarily accompany the act of Baptism, that regeneration invariably (that is to say in all cases) takes place in Baptism. As expressed therefore, the first proposition is not necessarily inconsistent with true doctrine. Its real fault is its ambiguity. It is open, as lawyers would say, to a special demurrer, and if Mr. Gorham really so expressed himself, I should think that in him an adroit special pleader had been lost to the law.
I proceed to the second clause. That the grace may be granted before, in, or after Baptism. I doubt whether this be open to exception. I speak with diffidence, but I think there are passages of Holy Writ in which it at least seems probable that the grace was granted before, perhaps being confirmed in, Baptism. St. Paul is one instance of it. The assembly at the house of Cornelius another. And who shall say that a converted and believing heathen man, a sincere candidate for Baptism, may p. 9not have grace before Baptism? Grace in Baptism does not seem disputable. Grace after Baptism is surely possible. Suppose the case of an adult duly baptized with water, and in the Name of the Father, and the Son, and the Holy Spirit, who being not completely a believer, becomes a complete and sincere Christian believer afterwards. It is at least doubtful, and that would be enough, whether a new Baptism would be lawful in such a case. But I conceive it is, as to this, sufficient to say that the Church in her Articles and Liturgy has not clearly pronounced such a belief to be erroneous.
The third clause which confines the grace of regeneration in Baptism to those who worthily receive it and to them alone is, I conceive, true as far as it goes. It is defective in not adding that our Church holds that all infants are worthy recipients. But, as it stands, it is not inconsistent with such an opinion.
The fourth clause is in the very words of the Liturgy.
The fifth, you will observe, is very carefully worded. It merely asserts, “that in no case is regeneration in Baptism unconditional.” Nor does the Church, as I believe, say otherwise. There is always the condition of being a worthy recipient. If Mr. Gorham thinks all infants are so, and he nowhere in this statement of his opinions says the contrary, I do not think the Church will disagree with him, for it may well be holden that a condition of p. 10worthiness is both required and fulfilled in infant Baptism. And in adult Baptism the Church does hold that this condition is not only required, but that it may or may not be fulfilled at the time of Baptism. It may also be that this paragraph means that the condition of using the element of water and the words of our Lord is required. And if so, I conceive we do not differ with him in that respect.
I have now gone through the whole. I hope I may satisfy you as I have satisfied myself, that if this statement of Mr. Gorham’s opinions be a true, full, and complete statement of them, and he holds nothing more adverse to the Church than these exact words necessarily import, you cannot with justice impeach or complain of the decision in his favour. If such an opinion had come before you as Bishop, in his examination, I do not for a moment suppose that you would have been satisfied with it. What in it is ambiguous you would have required to be made more precise. What in it is defective you would have caused to be supplied. But this the Court could not do. They are limited by the actual examination and the opinions to be extracted from it. And they cannot refuse Mr. Gorham’s prayer of institution if the case be not made out affirmatively against him.
The law, then, laid down by the Judicial Committee is, that a Clerk holding these specified opinions, and no more, must be instituted, if in other respects unobjectionable. This law, if it be a p. 11law, is that which affects future cases. If, therefore, a Clerk were avowedly to hold now, totidem verbis, that all Infants are not worthy recipients of Baptism, and are not regenerate by Baptism, he will find it impossible, in the letter of this decision, to obtain protection for that opinion. For it is not mentioned in the terms of the decision at all.
Do I then say that I think the decision in this case is right? Far from it. I own that to my mind it is altogether erroneous. But the error consists in this, that the Judges in their supposed abstract of Mr. Gorham’s opinions, have not stated the facts correctly. It seems to me that he holds other opinions not stated in this abstract, which ought to have produced an opposite decision. But this is like the case of a Jury mistaking, or falsely finding the facts of a case. That makes no rule for the government of future cases—though it does a particular and irremediable injustice in the case in which it happens.
I conclude, therefore, 1st. That this is but a decision and no law. That it governs future cases only if the Judges who shall be called to determine them, agree with the reasons given in this case. That if on argument and full consideration these reasons are insufficient, this decision may—ought to be—and will be—overruled. Therefore, it does not govern or affect the Church, as a law made in Convocation would do.
2nd. I conclude that even if it were a law, it p. 12must be taken in the exact terms used by the Court; and that those terms construed literally, are not necessarily inconsistent with sound doctrine.
3rd. That the real error in this case is one of fact, viz., that the Judges have misstated Mr. Gorham’s opinions, or, which is the same thing, have not fully stated all the erroneous opinions which, from the documents submitted to them, he really holds; and that this error, lamentable as it is, does not go beyond a wrong decision in the individual case, and cannot be cited as a precedent, except for the purpose of avoiding such mistakes in future.
Now if this be so, why should this decision so much disturb the minds of zealous and sincere men, who in all other respects, and up to this time, have remained in our Communion amongst the most valued of its members? After turning this matter much and often in my thoughts, I must deliberately say, that in my humble judgment it should have no such effect. It may be that the prevalence of erroneous views, brought now under our notice, should cause a greater care to set forth often and more emphatically the truth in this matter. In all probability this will succeed. For the truth needs only to be shown to be successful. Or it may be that your Lordship and your brethren will do well to assist the inferior Clergy, and us, the laity of your flocks, with some assurance and advice on this important subject in dispute, and to declare authoritatively that our Church does not hold doubtful p. 13opinions on either of the two great Sacraments, for surely if she did, she would not be a true branch of the Catholic Church at all. I trust we shall not look in vain to our Bishops for an answer to this question.
But in any event, I see no ground for leaving the Church in such an emergency. We ought rather, I think, to cling more closely to her in this struggle against error and latitudinarian opinions.
With many apologies for giving you the trouble of reading this long letter, and with the request that you will favour me with your opinion as to the subject of it.
Believe me,
My dear Lord,
Very faithfully yours.
The Lord Bishop of Exeter.
P.S.—I am aware that it is a received, and probably a correct opinion, that Baptism, if rightly administered, is to all persons effectual regeneration, either for good or for ill. Perhaps it was for this reason that the very same declaration, “Seeing now that these persons are regenerate,” is retained in the service for adults, as is found in that for infants, although the regeneration for good is in adults confined to the worthy receivers of the rite. And there p. 14is a further confirmation of it in the peculiar wording of the Article of Baptism, which speaks of them who rightly receive it; whereas, the article as to the Eucharist speaks of those who (not only) rightly (but) worthily and with faith receive it. If this be so, it would seem to exclude worthiness, and with faith, from being necessary ingredients in the effectual regeneration of baptism, though necessary in the effectual regeneration to eternal life.
But this really would not vary the above argument, and therefore I only advert to it here, that I may not seem to have undesignedly omitted it. For it is quite obvious that both your Lordship in your examination—Mr. Gorham in his answers, and the Judicial Committee in their Judgment, refer only to Regeneration to Eternal Life—using it always in the good sense as distinguished from the effectual regeneration above referred to. And therefore granting the above to be the true and correct view of the doctrine, it will leave the present argument precisely of the same, if of any, value as before.
LONDON: J. MASTERS, PRINTER, ALDERSGATE STREET.
***END OF THE PROJECT GUTENBERG EBOOK A LETTER TO THE BISHOP OF EXETER***
***** This file should be named 58105-h.htm or 58105-h.zip******
This and all associated files of various formats will be found in:
http://www.gutenberg.org/dirs/5/8/1/0/58105
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-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 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-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
www.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 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-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 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'll have to check the laws of the country where you
are located before using this ebook.
1.E.2. If an individual Project Gutenberg-tm 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-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 The
Project Gutenberg Trademark LLC, 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
works not protected by U.S. copyright law 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 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-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 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 principal office is in Fairbanks, Alaska, with the
mailing address: PO Box 750175, Fairbanks, AK 99775, 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 contact links and up to
date contact information can be found at the Foundation's web site and
official page at www.gutenberg.org/contact
For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org
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 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-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 forty 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 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 Web site which has the main PG search
facility: 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.