Building a State in Apache Land — Arizona a Territory at Last

Arizona a Territory at Last When the Civil War was nearly over, General Heintzelman accompanied me on a call at the executive mansion, to solicit the organization of a territorial government for Arizona.

President Lincoln listened to my tale of woe like a martyr, and finally said, "Well, you must see Ben Wade about that."

I subsequently called upon Senator Wade of Ohio, the chairman of the Committee on Territories, and repeated my story of Arizona.

The bluff old Senator said, "O, yes, I have heard of that country,--it is just like hell--all it lacks is water and good society."

He finally consented to attend a meeting at the President's, to discuss the subject.

Ashley of Ohio was chairman of the Committee on Territories in the House, and readily agreed to favor the organization of a territorial government.

In a few days President Lincoln appointed an evening, to hear the Delegation in favor of Arizona from 8 to 12. The chairmen of the committees on Territories attended, and General Heintzelman and some other friends were present.

I presented the maps, historical data, some specimens of minerals and Indian relics, and after a long conference and some interesting stories by the President, the organization of a territorial government for Arizona was agreed upon.

The country was at that time under martial law,--General Carlton.

If any system of government is repellent to Americans it is martial law.

Whatever may be the expense of juries, lawyers, witnesses, and courts, they form the only means civilized society has yet devised for the settlement of disputes.

It is true that a territorial form of government was never contemplated by the framers of the Constitution, as no provision was made for such a form of government; but this omission is covered by the general welfare clause, which gives Congress the power to "provide for the general welfare."

The formula adopted in an Act of Congress organizing a Territory, is "An Act to provide a provisional government, etc. , etc. , etc." In course of time, no doubt, all the Territories will be admitted as States, as the territorial form of government is not provided for as a permanency by the Constitution, and is moreover anomalous in the American system.

The people residing in the Territories are to a considerable extent disfranchised politically, and are not, in fact, full-fledged American citizens.

The idea of taxation without representation is irritating to their sense of justice, and for many other cogent reasons Congress will be forced by public opinion to admit the Territories to all the rights of sovereign States.

The delegate from New Mexico and myself sat at a table, and drew up a bill dividing New Mexico into nearly equal parts by the hundred and eleventh degree of longitude west; and providing for the organization of "The Territory of Arizona" from the western half.

The bill soon became an Act of Congress, and was approved by President Lincoln on the twenty-third of February, 1863. The offices were divided out among the supporters of the measure at an oyster supper, and as I was apparently to get nothing but the shells, I fortified myself with a drink, and exclaimed, "Well, gentlemen, what is to become of me?"

They seemed not to have thought about that, and the Governor-elect said: "O, we will give you charge of the Indians, you are acquainted with them."

So I was appointed "Superintendent of Indian Affairs."

The salary of the office was two thousand dollars a year, payable in greenbacks worth about thirty-three cents on the dollar in the currency of Arizona.

Arrangements were made for the transportation of my new colleagues across the plains at government expense; but I took Ben Holladay's coach at Kansas City, and crossed the continent to Sacramento, and thence by river steamer to San Francisco.

The Indian goods had been shipped to Yuma.

In San Francisco I met my old friend, J. Ross Browne, who had just returned from Europe, and invited him to accompany me through Arizona at my expense.

He afterwards wrote an account of the journey, "Wanderings in the Apache Country," published by Harpers.

Archbishop Alemany, whom I had known as a parish priest in Kentucky, called upon me in San Francisco, and asked if I would take a couple of priests down to Arizona, to restore the service among the Indians at the old Mission of San Xavier del Bac on the Santa Cruz, to which I assented with great pleasure.

After a voyage by sea from San Francisco to Los Angeles, I presented my orders from the Secretary of War to the commanding officer at Drumm Barracks for an escort of cavalry and transportation to Arizona; and prepared for the journey across the Colorado Desert.

We arrived at Yuma just before Christmas, and during Christmas week regaled the Yumas, Cocopas, and neighboring tribes of Indians with their first presents from Uncle Sam.

After distributing the Indian goods at Yuma, we proceeded upon the Gila River some two hundred miles to the Pima village, where my old friends, the Pima Indians, gave a warm welcome, not entirely on account of the Indian goods.

At the Pima villages one Sunday, I requested the priests to celebrate the mass, and tell the Indians something about God,--remembering my own failure in teaching theology.

The troops were drawn up, the Indians assembled, and Father Bosco through my interpreter preached the first sermon the Pima Indians ever heard.

At dinner, the good Father took me by the ear, and said, "What for you make me preach to these savages?

--they squat on the ground, and laugh at me like monkeys."

The next place for the distribution of Indian goods was at the Mission of San Xavier del Bac, three leagues south of Tucson, among the Papagos, a christianized branch of the great Pima tribe.

The Papago chiefs were my old friends and acquaintances, and received the priests with fireworks and illuminations.

They knew of our coming, and had swept the church and grounds clean, and ornamented the altar with mistletoe.

The Indians had been expecting the priests for many years,---- For the Jesuits told them long ago As sure as the water continued to flow, The sun to shine, and the grass to grow, They would come again to the Papago.

I installed the priests in the old Mission buildings, and turned over the goods intended for the Papagos for distribution at their convenience.

I met an old friend at the Mission called "Buckskin Alick," who had lived there all through the war without reading a newspaper or changing his clothes.

As nails were scarce, Buckskin Alick had constructed a mill held together by rawhides, and was grinding wheat for the Papagos.

In the meantime he had taken up with a Papago girl, to the scandal of the tribe.

The priests told him he must marry the girl or leave.

He appealed to me for protection, but I told him I had resigned my sacerdotal functions to the priest.

He married the girl, and kept the mill.

In 1863 a considerable number of prospectors had come into Arizona, mostly from the California side, on account of discoveries of gold on the Hassayamp.

Old Pauline Weaver was the discoverer, as he had been a trapper and pioneer since 1836. His name is carved on the walls of the Casa Grande with that date.

The gold washers there were doing very well, and ranches began to be established on the river.

But the Apaches were not inclined to leave the settlers in peace when they had some fine horses and mules, and some fat cattle.

So the Tonto Apaches made a raid on the Hassayamp, and carried off nearly all the stock.

King Woolsey had come into the country then, and was a prominent man among the settlers, and undoubtedly a very brave one; so he raised a company to go after the Tontos.

(As every one knows, "tonto" means "fool."

) There were not more than twenty-five men, including some friendly Maricopas.

They were well armed, but their commisariat consisted principally of panole and jerkey.

They followed the Indians across the Verde to a place about half way between Globe and the Silver King, where they came to a parley.

The tanks there are surrounded by rough ledges of basalt rocks, and the country in the vicinity is covered by scoriae, as though a volcano had vomited the refuse of the subterranean world to disfigure nature.

The Indians came in slowly for a talk, but were insolent and defiant.

Delshay, the Tonto chief, demanded a blanket and some coffee and whisky.

The Americans had neither coffee nor whisky for their own use, and he was quite put out about it, but partook of panole and jerked beef.

The parley was very unsatisfactory, as the Indians were surly, and made demands which it was impossible to grant.

There were about twenty-five Indians at the council, and fifty or more on the surrounding ledges.

As the Indians became more hostile the situation became more serious, and it was evident to the Americans that they were surrounded, and in imminent danger of massacre.

Woolsey was not only a brave but a very intelligent man, and he saw at once that either the Americans or the Indians were to be slaughtered, so he said: "Boys, we have got to die or get out of this.

Each of you pick out your Indian, and I will shoot the chief for a signal."

The fusillade commenced, and all the Indians that could run stampeded.

The only American killed was Lennon, a half brother of Ammi White, my Indian agent at the Pima villages.

Lennon had picked out his Indian and sent a bullet to his heart; but the Indian in the agonies of death made a lunge at Lennon with his spear and transfixed him.

They both fell at the Bloody Tanks in the embrace of death.

The Americans rescued Lennon's body, and having strapped it over a pack mule, carried it away to the next camp, where it was buried with Christian services at the foot of an aspen tree.

The Americans brought away twenty-four scalps.

After the Bloody Tanks affair some of the men engaged in it came into the Pima villages, where I was in camp.

J.

Ross Browne, who was with me, took down the account in short hand, and I made a list of the Americans engaged in the expedition.

I remember, when Browne got through with his stenography, he asked one of the men if he had any Indian relics.

The man replied, "Yes, I have got some jerked years," and he presented Browne about a dozen "jerked years" strung on buckskin.

I concluded to make a scout up country and see what was going on among the Indians, and as there were no troops at my command I organized a company of Pimas and Maricopas as scouts.

They had recently received arms and ammunition from the government, and I had uniforms and swords enough for the officers.

They soon learned to drill, and already knew how to shoot.

The commissariat was not quite up to military regulations, but we set out all the same, following along the Hassayamp to Antelope Peak, when we turned east by Walnut Creek to the Verde over an infernal trail.

The way down the Verde was not much better, as the Black Cañon has never been considered strewn with roses; but we hunted and fished to the junction of the Verde and Salt River without seeing any Apaches.

The only "sign" we saw was cut on a tree,--twenty-four Americans and twenty-four arrows pointed at them, which the Pimas interpreted to me as the number of Americans the Apaches threatened to kill in retaliation.

There was not a soul on the Verde, and not a white man nor a house on the Salt River, from the junction of the Verde to its confluence with the Gila.

We camped at the "Hole-in-the-Rock," and next morning crossed Salt River at the peak about Tempe, and crossed over to the Pima villages, glad enough to get to that haven of rest.

It was 100 miles to Tucson, and 280 miles to Yuma, and not a soul nor any provisions between the two places.

There was no great inducement to stay in the Territory at that time, except for people who had an insane ambition for orchestral fame on the golden harps of New Jerusalem.

Many of the people had read about the government of the United States, in school books; and perhaps had enjoyed the felicity of hearing a Fourth of July oration in youth; but these were myths of antiquity in Arizona.

There was no government of any consequence, and even what there was was conducted on the Democratic principle, not for protection but for revenue only.

I anticipated the fourteenth amendment, and distributed the Indian goods without regard to race, color or former condition of servitude.

Anybody that came along in need of blankets or tobacco was freely supplied.

I

wound up the Indian service with loss of about ,000 out of my own pocket.

At camp on the Hassayamp, Henry Wickenburg came in with some specimens of gold quartz he had found out to the west, at a place subsequently called Vulture, and wanted me to buy the find.

I said, "Henry, I don't want to buy your mine, but I will give you twenty-five dollars' worth of grub and a meerschaum pipe if you will go away and leave me alone."

I was also importuned to purchase Miguel Peralta's title from the King of Spain for the Salt River Valley; but my experience with Spanish grants in Texas, California and Arizona, did not incline me to invest, even if the grant had been made by the Pope of Rome, and guaranteed by the Continental Congress.

The only members of the Woolsey Expedition remaining in Arizona that I know of are Peeples of Phoenix, Chase of Antelope, and Blair at Florence.

The government of the United States can never recompense the people of Arizona for the atrocities committed by the Apaches.

It will never do to make the plea that a government so vain-glorious and boastful could not have conquered this tribe of savages, if the will to do so had existed.

Now, after forty years of devastation, the government pays the Apaches one hundred and fifty thousand dollars a year in goods to maintain a quasi peace.

The settlers are not at any time secure against an Apache outbreak, and there are at the present time some Apaches on the war-path, which the government acknowledges its impotency to capture.

"A Century of Dishonor" was a well written book, and contains many unpleasant truths.

In the meantime, while I was delivering the Indian goods, my colleagues in the territorial government had crossed the plains, and established the capital at a remote place in the northern mountains, which they called "Prescott," in honor of the Mexican historian.

Just as was supposed, they quarreled all the way across the plains about who should be the first delegate to Congress from a Territory they had never seen.

Upon my arrival at Prescott they were perfectly disgusted to learn that I had already been declared a candidate, and was likely to get the votes of the people.

The political machine had not then been organized, and the people had some say in the elections.

The election was held in due time, and I was elected the first delegate to Congress from Arizona.

The "carpet baggers" worked the Territory for all it was worth, as is evidenced by the public debt, which is three times as great as any State or Territory in the Union, _per capita_.

The Capital was moved from town to town, as a political factor in the election of delegates, but now rests at Phoenix, in the Salt River Valley, where it will permanently remain, as no other place in the Territory can ever rival Phoenix in the abundance of all that contributes to the comfort and happiness of life.

The soil is fertile, the climate healthful, and with water storage in reservoirs a city will grow equal to any on the Nile.

At this time there was not an inhabitant on Salt River where Phoenix now stands, and the Salt River Valley was a desolate and abandoned waste.

It had been occupied some thousands of years ago by a race who cultivated the land by irrigation, and built houses and cities which have gone to ruin.

The most diligent search has developed but few evidences of the extent of their civilization.

They had not advanced very far, as they left no relics of either iron, copper, or steel.

The land in cultivation would have supported a population of from fifty to a hundred thousand souls.

It is an excusable ambition for a man, especially in the Western country, to desire the honor of representing his State or Territory in Congress.

It was necessary to cross the deserts to San Francisco, and thence via Panama to New York and Washington.

I had scarcely taken my seat, when a distinguished-looking gentleman (Roscoe Conkling) came up and introduced himself, saying in a very pompous way: "I observe you have drawn a front seat,--and as I presume you do not wish to debate, I shall feel very much obliged if you will have the courtesy to exchange seats with me."

I replied, "With the greatest pleasure, sir," and took a back seat, more becoming to my station.

In a few days the chairman of the Committee on Mileage came around to my seat, and said, "Poston, how is this?

--your mileage is ,200, and mine is only ." I replied, "Frank, what is the price of whisky in your district?"

He said, "About two dollars and a half per gallon."

"Well," I said, "it is fifteen dollars a gallon in Arizona--that equalizes the mileage."

He certified the account, and never said another word.

The salary was ,000 a year, which added to the mileage, made ,200;--but it all went, and a great deal more, in entertainment and presents at Washington.

It was esteemed an honor to represent the Territory for which so many sacrifices had been made, and such severe hardships endured, and money was not spared to bring it to public notice on every suitable occasion.

The members of Congress usually manifest courtesy to delegates, as they are considered in a political sense orphans of the Republic, not having any vote nor in any other way being recognized as equals.

They were not obliged at that time to serve on committees, nor expected to answer the roll-call.

It was an easy berth for an indolent man without ambition or avarice.

The Thirty-eighth Congress was considered a very able assembly.

The Civil War had brought the most illustrious men of the nation to the surface, and their acquaintance leaves a pleasant memory.

When I look over their photographs, now it is like shuffling an old pack of cards which have been played out,--they have nearly all gone to the Upper Chamber,--in this world or the next.

Grow and Holman are the only ones in the House now.

Thaddeus Stevens was the leader of the House, and treated me with the most distinguished consideration,--even to the compliment of dining at my house,--which was unprecedented in his long public career.

The old sinner said the exception was made because my wife was a Baptist.

I made but one speech, and that was on the subject of Indian affairs.

An appropriation of one hundred and fifty thousand dollars was obtained for the construction of irrigating canals, to enable the Indians of Arizona to become self-supporting.

This was the first instance in which irrigation was brought to the notice of the government.

President Lincoln was always accessible amid his heavy cares.

As my family lived in the neighborhood where the President had been reared, my little girl made him a satchel of corn shucks from the field where he had hoed corn barefooted in the briars, thinking he might appreciate a souvenir from his old home.

One afternoon I escorted my daughter to the executive mansion to deliver my present.

The President received it graciously, and made many enquiries about the old neighbors.

The 38th Congress passed the fourteenth amendment to the Constitution, and as the delegates could not vote they were requested to sign a paper giving their adhesion.

I signed for Arizona; but it was a bitter pill.

The End.

*** END OF THE PROJECT GUTENBERG EBOOK BUILDING A STATE IN APACHE LAND *** 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 41 Watchung Plaza #516, Montclair NJ 07042, USA, +1 (862) 621-9288. 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 ( to ,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.