Three Years in the Federal Cavalry — Chapter 15 - Capture of the Author

CAPTURE OF THE AUTHOR.

1863. --Fight at James City.

--Music of Retreat.

--Fourth Cavalry Fight at Brandy Station.

--Critical Situation.

--Kilpatrick Undaunted.

--Davies and Custer.

--The Grand Charge.

--The Escape.

--The Scene.

--Subsequent Charges and Counter-charges.

--The Cavalry Routed.

--The Rappahannock Recrossed in Safety.

--Infantry Reconnoissance to Brandy Station.

-- Comical Affair at Bealeton Station.

--Thrilling Adventure of Stuart.

--His Escape.

--Battle of Bristoe.

--Casualties.

--Retreat Continued.

--Destruction of Railroad by the Rebels.

--Kilpatrick at Buckland Mills.

--Unpleasant Surroundings.

--Sagacity and Daring.

--The Author's Capture.

--Fall, Insensibility, Change of Scene.

--The End.

--Introduced to Prison Life.

Early in the morning of October tenth the enemy, in heavy force, came down upon our pickets along the Robertson River, driving us back in haste and occupying the fords.

The flank movement of General Lee was fully understood.

He had crossed the Rapidan, advanced to Madison Court House, and was lapping around our right wing, threatening it with destruction.

Quick work on our part was now necessary.

Swift messengers from officers high in command brought orders to retire with promptness, but in good order, if possible.

Our boys, in many instances, were compelled to leave uneaten and even untasted their palatable preparations for breakfast of roast lamb, sweet potatoes, fine wheat bread, milk and honey, &c. , to attend to the stern and always unpleasant duties of a retreat, with the enemy pressing very closely upon us.

Sharp skirmishing took place at the river, and the successive crack of carbines afforded the music of our march to James City, where the conflict deepened into a battle, which raged with fury and slaughter.

The enemy, conscious of having outgeneraled us in this instance, and having at least a temporary advantage, was bold and defiant.

He was met, however, with corresponding vigor.

Those contesting legions, which had so often measured sabres in the fearful charge, and hand-to-hand encounter, again appealed to the God of battle, and wrested with Herculean strength for the mastery.

Night came on at length to hush the strife, and the weary men and horses sought repose from the bloody fray.

_October 11. _--With the first pencilings of the morning light we took up our line of march toward the Rappahannock.

Skirmishing continued nearly every step of the way.

On the Sperryville pike to Culpepper we were closely pursued and heavily pressed.

At Culpepper the corps separated.

Gregg, who had come by way of Cedar Mountain, passed out on the road to Sulphur Springs.

Buford moved in the direction of Stevensburg, leaving Kilpatrick alone on the main thoroughfare along the railroad line.

Kilpatrick, accompanied by Pleasonton, had scarcely left Culpepper, when Hampton's Legions made a furious attack upon his rearguard, with the hope of breaking through upon the main column to scatter it, or of so retarding its progress that a flanking column might fall upon him ere he could reach the safe shore of the Rappahannock.

Our infantry, which yesterday occupied this ground, had retired, leaving the cavalry to struggle out of the toils of the enemy as best it could.

Gallantly repelling every attack of the enemy, our command moved on, without expending much of its time and material, until opposite the residence of Hon. John Minor Botts, where a few regiments suddenly wheeled about, and, facing the pursuing foe, charged upon them with pistols and sabres, giving them a severe check and an unexpected repulse.

On arriving at Brandy Station Kilpatrick found himself in a most critical situation, with an accumulation of formidable difficulties on every hand, which threatened his annihilation.

Buford, who had been sharply pursued by Fitzhugh Lee's division over the plains of Stevensburg, had retired more rapidly than Kilpatrick, and, unaware of his comrade's danger, had suffered Lee to plant his batteries on the high hills which commanded Kilpatrick's right, while the Rebel troopers, in three heavy lines of battle, held the only route by which Kilpatrick could retreat.

Lee's sharpshooters also occupied the woods in the immediate vicinity of Kilpatrick's columns, where they were making themselves a source of damage and great annoyance.

To increase the danger of the situation, Stuart, by hard marching, had swung around to Kilpatrick's left, and had taken possession of a range of hills, planted batteries, and was preparing to charge down upon the surrounded division below.

This was a situation to try the stoutest hearts.

Nothing daunted, however, by this terrific array of the enemy, Kilpatrick displayed that decision and daring which have ever characterized him as a great cavalry leader, and he proved himself worthy of the brave men who compose his command.

His preparation for the grand charge was soon completed.

Forming his division into three lines of battle, he assigned the right to Davies, the left to Custer, and, placing himself with Pleasonton in the centre, he advanced with unwavering determination to the contest.

Having approached to within a few yards of the enemy's lines on his front, he ordered his band to strike up a national air, to whose spirit-stirring strains was joined the blast of scores of bugles ringing forth the charge.

With his usual daring Davies was foremost in the fray, leading his command for the fourth time on this memorable field.

To his men he had addressed these stirring words: "Soldiers of the First Brigade!

I know you have not forgotten the example of your brave comrades, who, in past engagements _here_, were not afraid to die in defence of the old flag."

Custer, the daring, terrible demon that he is in battle, pulled off his cap and handed it to his orderly, then dashed madly forward in the charge, while his yellow locks floated like pennants on the breeze.

Pennington and Elder handled their batteries with great agility and success, at times opening huge gaps in the serried lines of the enemy.

Fired to an almost divine potency, and with a majestic madness, this band of heroic troopers shook the air with their battle-cry, and dashed forward to meet the hitherto exultant foe.

Ambulances, forges, and cannon, with pack-horses and mules, non-combatants and others, all joined to swell the mighty tide.

Brave hearts grew braver, and faltering ones waxed warmer and stronger, until pride of country had touched this raging sea of thought and emotion, kindling an unconquerable principle, which emphatically affirmed every man a hero unto death.

So swiftly swept forward this tide of animated power, that the Rebel lines broke in wild dismay before the uplifted and firmly-grasped sabres of these unflinching veterans, who, feeling that life and country were at stake, risked them both upon the fearful issue.

Kilpatrick thus escaped disaster, defeated his pursuers, captured several pieces of the enemy's artillery, and presented to the beholders one of the grandest scenes ever witnessed in the New World.

"By Heaven!

it was a splendid sight to see, For one who had no friend or brother there."

No one who looked upon that wonderful panorama can ever forget it.

On the great field were riderless horses and dying men; clouds of dust from solid shot and bursting shell occasionally obscured the sky; broken caissons and upturned ambulances obstructed the way, while long lines of cavalry were pressing forward in the charge, with their drawn sabres, glistening in the bright sunlight.

Far beyond the scene of tumult were the quiet, dark green forests which skirt the banks of the Rappahannock.

The poet Havard, in his "Scauderberg," has well described the scene: "Hark!

the death-denouncing trumpet sounds.

The fatal charge, and shouts proclaim the onset.

Destruction rushes dreadful to the field And bathes itself in blood: havoc let loose, Now undistinguish'd, rages all around;

While Ruin, seated on her dreary throne, Sees the plain strewed with subjects, truly hers, Breathless and cold."

The Rebel cavalry, undoubtedly ashamed of their own conduct and defeat, reorganized their broken ranks, and again advanced upon Kilpatrick and Buford, whose divisions had united to repel the attack.

For at least two long hours of slaughter these opposing squadrons dashed upon one another over these historic fields.

Charges and counter-charges followed in quick succession, and at times the "gray" and the "blue" were so confusedly commingled together, that it was difficult to conjecture how they could regain their appropriate places.

Quite a number of prisoners were made on both sides.

It was a scene of wild commotion and blood.

This carnival continued until late at night, when the exhausted and beaten foe sank back upon safer grounds to rest, while our victorious braves, crowned with undying laurels, gathered up their wounded and dead companions, and, unmolested, recrossed the Rappahannock.

_October 12. _--To-day a portion of our infantry was thrown across the Rappahannock.

They advanced by a forced march to reconnoitre as far as Brandy Station, where they met the enemy in force and engaged him in a sharp contest.

They returned, however, without serious loss.

Our main army is retreating toward Washington.

On the evening of the thirteenth, while bivouacking near Bealeton Station, a serio-comical scene diverted for a time the attention of our officers and men.

By a strange accident an ammunition wagon took fire, which caused the rapid explosion of its contents.

Shells flew and burst in every direction, and the apparent musketry was terrible.

The consequence was a widespread alarm, which brought every trooper to his horse ready to engage the foe, who was supposed to have made a furious onset.

Great merriment and relished rest followed the discovery of the cause of disturbance, especially as no one was seriously hurt.

Since our last reconnoissance to Brandy Station, Stuart has been very active, following our rear very closely, and committing all the depredations possible.

In his hands have fallen many stragglers, who, it is true, were of very little use to us, but who would count as well as true men in the Rebel lists of exchanges of prisoners.

Some of Stuart's performances were exceedingly hazardous, as the following well-described narrative from a well-known pen will clearly show: "Stuart, with two thousand of his cavalry, pressed our rear so eagerly that, when near Catlett's Station, he had inadvertently got ahead, by a flank movement of our Second Corps, General Warren acting as rearguard, and was hemmed in, where his whole command must have been destroyed or captured had he not succeeded in hiding it in a thicket of old field-pines, close by the road whereon our men marched by: the rear of the corps encamping close beside the enemy, utterly unsuspicious of their neighborhood, though every word uttered in our lines, as they passed, was distinctly heard by the lurking foe.

Stuart at first resolved to abandon his guns and attempt to escape with moderate loss, but finally picked three of his men, gave them muskets, made them up so as to look as much as possible like our soldiers, and thus drop silently into our ranks as they passed, march awhile, then slip out on the other side of the column, and make all haste to General Lee, at Warrenton, in quest of help.

During the night two of our officers, who stepped into the thicket, were quietly captured.

"At daylight the crack of skirmishers' muskets in the distance gave token that Lee had received and responded to the prayer for help, when Stuart promptly opened with grape and canister on the rear of our astounded column, which had bivouacked just in his front, throwing it into such confusion that he easily dashed by and rejoined his chief, having inflicted some loss and suffered little or none."

BATTLE OF BRISTOE.

The above manoeuvre was a great and unexpected or unsought risk, which, however, did not prove disastrous to the authors, but which might not again be ventured with similar results.

A performance resembling it somewhat was enacted by the Rebels, but with very different issue.

Early in the morning of the fourteenth A. P.

Hill's corps left Warrenton, with orders to strike our rear at Bristoe Station.

They moved up the Alexandria Turnpike to Broad Run Church, where they deflected on the road to Greenwich, and soon after struck our trail just behind the Third Corps, and eagerly pursued it.

They were busy picking up stragglers and making some preparation for an attack upon our unsuspecting corps, when about noon General Warren's Second Corps, which was still behind, and bringing up the rear, made its appearance on the tapis, and materially changed the programme of the scene.

Hill, finding himself nicely sandwiched or trapped by his own indiscretion, turned away from the retreating Third Corps, to fight, and, if possible, drive back the advancing Second.

Warren's surprise in finding an enemy in force before him was not less than Hill's in finding one behind him; but it took Warren only about ten minutes to adjust himself to this unexpected position of affairs, when his batteries opened with such precision and effect, aided by the musketry of his infantry, that the Rebels fell back in much greater haste than they had advanced, leaving six of their guns in our hands and multitudes of dead, wounded, and prisoners.

Five of the captured guns, still serviceable, were at once seized and used against the disappointed foe with telling power.

One historian says, "Our loss in killed and wounded was about two hundred, including Colonel James E. Mallon, Forty-second New York, killed, and General Tile, of Pennsylvania, wounded; that of the enemy was probably four hundred (besides prisoners), including Generals Posey (mortally), Kirkland, and Cooke, wounded, and Colonels Ruffin, First North Carolina, and Thompson, Fifth North Carolina Cavalry, killed."

This Bristoe fiasco was a stunning blow to the Rebel pursuit, and greatly checked their incursions.

But our soldiers held the field so lately won only until dark, and "then followed the rest of the army, whose retreat they had so effectually covered."

General Meade continued his retreat to Centreville, and then, seemingly ashamed--as well he might be--of his flight, would have retraced his steps and pushed back the insolent foe, but he was prevented from executing his plans by a heavy rain-storm, which began on the sixteenth.

While he was awaiting the arrival of pontoons to enable him to recross Bull Run, which was enormously swollen, the enemy, after some daring skirmishes along his front, and some feints of attack, retreated quite rapidly, completely destroying the Orange and Alexandria Railroad from Manassas Junction to the Rappahannock.

A more thorough work of destruction was never witnessed.

Scarcely a tie even remained.

The ties were generally heaped together, and set on fire, and the rails were laid upon the heaps cross-wise.

As the middle of the rails became heated, the ends lopped down, forming a graceful bow.

They were thus effectually ruined.

In many instances the rails thus heated were twisted around the trees.

The road and the telegraph lines and posts were utterly demolished.

For a few days the Harris Light was bivouacking near Sudley Church, and the cavalry was picketing, scouting, and patrolling on either side of Bull Run; and, on one occasion, while endeavoring to ford the swollen stream, several men and horses were drowned.

_October 18. _--To-day Kilpatrick advanced with his division, which consists of Custer's and Davies' brigades, to within a half-mile of Gainesville, where we bivouacked for the night.

A terrific rain-storm raged nearly all night, making our condition very uncomfortable, and rendering the going impracticable, except upon the turnpikes.

At this time of the year these night-storms in Virginia are very cold, and the sufferings of men mostly unsheltered, as we were, are beyond description.

On such a night one will naturally recall such passages as the following, from Byron's "Childe Harold:" "The sky is changed, and such a change!

oh, night, And storm, and darkness, ye are wondrous strong, Yet lovely in your strength, as is the light Of a dark eye in woman!

far along From peak to peak, the rattling crags among, Leaps the live thunder!

not from one lone cloud, But every mountain now hath found a tongue, And Jura answers through her misty shroud, Back to the joyous Alps, who call to her aloud!

And this is in the night: most glorious night!

Thou wert not sent for slumber!

let me be A sharer in thy fierce and far delight,-- A portion of the tempest and of thee!"

It is true that the poet, looking out upon the storm and listening to its mutterings from his comfortable studio, may call such a night "glorious," and may find in it depths of inspiration and delight; but to us poor soldiers it seemed more appropriate to take up Shakespeare's lines: "The tyranny of th' open night's too rough For nature to endure," while every one felt to say, "The gathering clouds, like meeting armies, Come on apace."

--_Lee's "Mithridates."

_ All night long our pickets along Cedar Run were confronted by Stuart's pickets, though no disposition to fight us was manifest in the morning.

Dripping with wet and somewhat stiffened with cold, we were ordered in battle array early in the morning, and the command, about two thousand strong, advanced toward Buckland Mills.

The Rebel pickets were quickly withdrawn, and their whole force slowly and without resistance retired before us.

With some degree of hesitation, yet unconscious of imminent danger, we advanced on the main turnpike toward Warrenton.

Our advance-brigade had just passed New Baltimore, when Fitz-Hugh Lee, who had surprised and cut his way through a small detachment of our infantry at Thoroughfare Gap, then had swiftly swung around our right by an unpicketed road, fell upon our rearguard at Buckland Mills, and opened upon our unsuspecting column with a battery of flying artillery.

At this signal Stuart, who had hitherto retired before us quietly, now turned about and advanced upon us in front with terrible determination.

Thus unexpected troubles were multiplying around us.

Scarcely had we time to recover our senses from the first shock of attack upon our rear and front, when General Gordon, with a division of infantry, until now concealed behind a low range of hills and woods on our left, appeared upon the scene, and advanced upon our flank with a furious attack, which threatened to sever our two small brigades and to annihilate the entire command.

We were now completely surrounded by a force which outnumbered us at least four to one.

This was a critical situation; but "Kil" (as the general is familiarly styled among us) seemed to comprehend it in a moment.

All thought and effort now centralized into a plan of escape from the snares which the enemy had laid for us, and into which we had too easily thrown ourselves.

Kilpatrick is supposed by some to have unnecessarily exposed himself, in which he suffered his first defeat, though escaping with a remarkably small loss.

Quickly ordering his force to wheel about, he led them back in a determined charge upon Lee's columns and artillery, now planted on the banks along Cedar Run.

This timely order, executed with masterly skill, saved his command from utter disaster, and justified his course.

As it was, however, he lost nearly three hundred men, including quite a number who were drowned in the creek while endeavoring to escape.

The scene was one of great confusion and distress.

THE AUTHOR'S CAPTURE.

By the sudden evolution of the command, when the order was first executed, the Harris Light, which was in front, while advancing, was thrown in the rear, and was thus compelled to meet the desperate charges of the enemy in pursuit, and to defend itself as best it could from fire on the flank.

Having reached a slight elevation of ground in the road, we made a stand, and for some time checked the advancing columns of the Rebels by pouring into their ranks rapid and deadly volleys from our carbines and revolvers.

Stuart, who commanded in person, saw clearly that the quickest and almost only way to dislodge us was by charging upon us, and, consequently ordering the charge, he came with a whole brigade amid deafening yells.

Our men stood firmly, almost like rocks before the surging sea.

We were soon engaged in a fierce hand-to-hand conflict with the advancing columns.

In Byron's "Corsair" we find a description of the scene: "Within a narrow ring compressed, beset, Hopeless, not heartless, strive and struggle yet,-- Ah!

now they fight in firmest file no more, Hemmed in--cut off--cleft down--and trampled o'er, But each strikes singly, silently, and home, And sinks outwearied rather than o'ercome, His last faint quittance rendering with his breath, Till the blade glimmers in the grasp of death."

At this important juncture my faithful horse was shot under me, and we both fell to the ground.

Meanwhile our little party, outnumbered ten to one, was hurled back by the overpowering shock of the Rebels, who rode directly over me.

Injured somewhat by the falling of my horse, and nearly killed by the charging squadrons, which one after the other trod upon me, I lay in the mud for some time quite insensible.

How long I lay there I cannot tell; but when I returned to consciousness the scene had changed.

I was in the hands of a Rebel guard, who were carrying me hastily from the hard-fought field.

My arms had been taken from me, and my pockets rifled of all their valuables, including my watch.

I was unceremoniously borne to the vicinity of an old building, where I met a number of my comrades, who with me had shared the misfortunes of the day.

And thus ended three years and more of camping and campaigning with the Harris Light.

What I saw and endured, thought and experienced, during a little more than a year among the Rebels, in several of their loathsome prisons, may be found recorded in a volume I published in 1865, entitled "The Capture, Prison-Pen, and Escape."

FINIS.

+------------------------------------------------------+ | Transcriber's Note: | | | | Some inconsistent hyphenation and spelling in | | the original document have been preserved.

| | | | Typographical errors corrected in the text: | | | | Page xii Hull's changed to Hall's | | Page 21 pic-nic changed to picnic | | Page 41 Leesburgh changed to Leesburg | | Page 41 patroling changed to patrolling | | Page 73 Fredericksburgh changed to Fredericksburg | | Page 74 Gordonville changed to Gordonsville | | Page 99 Pleasanton changed to Pleasonton | | Page 100 Pleasanton changed to Pleasonton | | Page 175 Bristerburg changed to Bristersburg | | Page 182 bad changed to had | | Page 189 mast changed to must | | Page 193 Pleasanton changed to Pleasonton | | Page 238 Heintzleman's changed to Heintzelman's | | Page 241 Stahil's changed to Stahel's | | Page 257 shrapnell changed to shrapnel | | Page 263 Hallech changed to Halleck | | Page 300 Leesburgh changed to Leesburg | +------------------------------------------------------+ *** END OF THE PROJECT GUTENBERG EBOOK THREE YEARS IN THE FEDERAL CAVALRY *** 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.