The Project Gutenberg eBook of A report of Major Hart's case, of rice-frauds, near Seringapatam This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. Title: A report of Major Hart's case, of rice-frauds, near Seringapatam Author: W. H. Inglis Release date: August 26, 2010 [eBook #33536] Most recently updated: January 6, 2021 Language: English Credits: Produced by The Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.) *** START OF THE PROJECT GUTENBERG EBOOK A REPORT OF MAJOR HART'S CASE, OF RICE-FRAUDS, NEAR SERINGAPATAM *** Produced by The Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.) A REPORT OF MAJOR HART'S CASE, OF Rice-Frauds, NEAR SERINGAPATAM, _WITH NOTES_; AND AN APPENDIX, ADDRESSED TO THE PROPRIETORS OF EAST-INDIA STOCK. BY W. H. INGLIS, AUTHOR OF THE ONLY REPORT NOT ANONYMOUS, OF MR. SHERSON's CASE AND TRIAL AT MADRAS, ALSO FOR RICE-FRAUDS. LONDON: PUBLISHED BY J. M. RICHARDSON, 23, CORNHILL, OPPOSITE THE ROYAL EXCHANGE; AND J. HATCHARD, PICCADILLY. 1818. MARCHANT, Printer, Ingram-Court, London. A REPORT, _&c. &c._ Were any apology necessary for this Report, a sufficient one would be where Major Hart says, "When I add that Major-general Macaulay was my junior officer; that, in consequence of my dismission, he succeeded to the very regiment which, at this hour, I should have otherwise commanded, and became a general officer so much sooner by my dismission; I am satisfied that the Honourable Court (of Directors) will think his conduct a _most material_ feature in the future consideration of my case."--India-House-Papers, p. 362. Another instance of Major Hart's sinister attack is, where Major-general Macaulay has replied to it, saying, "There remains a farther slanderous insinuation of Major Hart's, that I think myself bound to notice. He has charged upon me, as a leading motive in the censure of his conduct, a settled design of placing myself in the command of the fortress of Palamcottah, and of the forces in the field in Tinnevelly, to his exclusion! This strange charge he more than once gave distinct hints of to myself. But he made it directly in the course of his last visit to me, in June 1815, when he behaved so coarsely. It will, I have little doubt, seem somewhat strange, even to your Lordship, (Harris, the commander-in-chief,) but so it is, that to this hour I do not know to whom I owe that command. _I not only never made application directly or indirectly for it, but the idea of applying for it never once entered my mind._--Papers, p. 388. But Major-general Macaulay scarce needed this reply, since it is Major Hart himself who can affirm his own error. The Major says, "I shall not however pretend to defend the act _acknowledged_ of my having carried to the field a quantity of private grain.[A] No, my Lord, (Harris,) most deeply and sensibly do I feel and deplore the _error_ of my conduct.--Papers, p. 352. [A] It will be maintained in the body of this Report, that Major Hart did never carry to the field a quantity of private grain. And yet, notwithstanding this _pretended_ acknowledgment of _real_ error, it is the Board of Controul which, in order to allow Major Hart to hold private grain, must set aside the very regulation upon this subject. The 39th Regulation says, "it being the principle of the present system, by liberal and avowed allowances, to place this department upon so respectable a footing as to leave no temptation to seek for unauthorized advantages, the Commissary of Grain is not on any account, directly or indirectly, to derive any other advantage or emolument from this situation than the _salary_ fixed by Government. The strictest economy is, therefore, to be observed in every expense attending this department; and the disbursements and accounts of the Commissary are to be attested on honour, as prescribed in the forms annexed to these Regulations.--Papers, p. 17. And the mighty Board of Controul, besides allowing Major Hart to hold private grain, and therefore to reap the attendant profit on it _with perfect security_, next considers this both as _another question_ and as _not another question_. Thus the Board having said "whether he (Major Hart) ought to have derived any profit upon the original price of the rice, so in his possession, is another question," can yet add, "but _suppose he ought not_, when he[B] openly supplied it to our army, and was contented with much less (profit) than he might have obtained with perfect security, we cannot think it a crime of the blackest die.--Papers, p. 232. [B] See in page 11, and query he or Captain Macleod; also whether openly or covertly supplied, &c. The Board continues "this, and the circumstance of his silence, from the 16th to the 22d of April, appear to us the only points of doubt in the whole case, and a conduct doubtful only on two such points does not, in our contemplation, warrant the sentence[C] that has been passed upon it, with the consequences to his fortune and honour to which it has led." Papers, p. 232. [C] The propriety of Major Hart's dismission, after suspension from the Company's service, is, perhaps, self-evident, and might have been a ground of thanks; but who would have thanked the Court of Directors for being now made to deem correct, what formerly they were pleased to deem incorrect, viz. an Act of Parliament, and the one cited on what are called the Mandamus Papers! But, "in our contemplation" of this "whole case," there are yet to be noticed other two grand points of doubt. And first, as Lord Harris writes, "it was not the loss of rice in the department of the Commissary of Grain _alone_ that so seriously affected the general store of provision for the army, but," again, secondly, "that infinitely more extensive and entirely unexpected deficiency which was discovered, on the 16th of April, in the quantity carried by bullocks, hired in the Ceded Districts, under the authority of Lieutenant-Colonel Read, and of which Captain Macleod was in the general superintendance." Lord Harris explains, saying "Captain Macleod, to whom no report of material loss had been made by the carriers on the 3d of April, had, on the 5th, given me a report, of which a copy is enclosed, by which it appeared that rice, the property of government, sufficient for the consumption of 30,000 men, at half a seer per day, for six-and-thirty days, was then in camp, independently of nearly an equal quantity reported by the benjarries (bullock-owners) to be in their possession, and which they had been ordered to retain for the public service. No issues had been authorized from this stock, and the belief that it existed prevented my feeling any uneasiness on the subject of provisions, although I knew the amount in _Major Hart's_ charge was nearly expended. The measurement of the rice on the 15th of April, in the course of delivery (not by, observe, because) to Major Hart, produced the FIRST suspicion of this enormous deficiency, and the report of it, when ascertained the succeeding day, the consequent alarm." Papers, p. 75. Nor is Lord Harris here alluding towards the whole, but rather to the close of Captain Macleod's Report, where it is stated that "the private and public rice would feed 30,000 men for thirty-three (or, as Lord Harris says, thirty-six) days, exclusive of Major Hart's department. It is supposed Major Hart has 7000 bullock-loads, which would be ten seers each to 30,000 men. (Signed) William Macleod, Superintendant of Supplies." Papers, p. 82. From these several extracts we have now to gather, that if, on the 5th of April, Major Hart had ten seers each man, equal to ten days rice, at whole allowance, on the 15th he would have no bullock-loads, whatever, remaining "in his possession." Wherefore, from the 16th of April to the 6th of May, (see in page. 17,) and, further, from this last date to the 18th following, (see in page 18), the fraud on the rice, "then in camp," must have been, not only "exclusive of Major Hart's department," but in that of Captain Macleod, from whose stock "no issues had been authorized." We have now to observe, that the real question becomes, not whether Major Hart could hold private as well as public grain? but, whether this could be done by Captain Macleod, and by him after his having returned in his report both classes of grain as "the property of government?" And we presume, once for all, on this nice point, that there will not be urged the existence of one sort of regulation for a Commissary of _Provisions_, as Captain Macleod is sometimes called, and another for a Commissiary of _Grain_, as Major Hart was always called. Contending that he ordered his private grain from Madras, less for the army than for his private followers of it, Major Hart would rest his order upon the affidavit of one of those followers, by name Sadashevah Moodiliar. But this dubash, or confidential servant, will herein-afterwards be shown, among other of Major Hart's head people, as tampering with Subidar Enom Beg, during the intervals of this native soldier's examination by the Committee of Inquiry. To proceed more particularly with Captain Macleod.--It was he who, having first disclosed to Major-General Macaulay, (the private instead of public secretary to Lord Harris,) that Major Hart had a quantity of private grain to dispose of, and who, next observing the surprise with which his communication was received, does, third, and finally, request Major-General Macaulay's "permission to inform Major Hart that he (Major Hart) must, _in future_, communicate directly with me (Major-General Macaulay) upon the subject." Major-General Macaulay subjoins, "to this I assented;" but elsewhere explains, that "with the exception of the conversation that took place with Captain Macleod, when he delivered the original message, I held no communication with Major Hart, but _by letter_." Papers, pp. 159 and 158. Relative, indeed, to Captain Macleod the Major-General thinks it equally right to explain, saying "Captain (now Colonel Macleod) well knows my sentiments of his character. Long as he has been in England, it has not happened to me _once to meet him_. But I retain my former respect for his integrity." Papers, p. 369. It was Captain Macleod who, having said "by this observation (_a slight of hand_ in receiving and issuing grain by measure), I do not mean _to attempt_ to screen the bullock-contractors;" and added, "who, I am persuaded, _in my own mind_, must have embezzled the greatest proportion of the quantity deficient;" yet does shortly afterwards release from arrest, at the sole desire of the bullock-contractors, of all other men, not indeed a _bullock_, but yet its tantamount, a _flock_ contractor, notwithstanding this, "one of the duffadars, Narnapah by name, was detected in having _concealed_ seventy bags of rice in the bazar of the Nizam's camp, for the purpose of being sold there;" and, for all that, such seventy bags "were, on _discovery_, removed from the Nizam's bazar to the grain depôt, near head-quarters." Papers, p. 79. It was once more Captain Macleod, who having said, "I impute the deficiencies, generally, to the corruption of Sechiram," yet does not confine or arrest this "security for all the contractors,[D] because his holding a jaghire from government, in the Baramahl was _supposed to be_ a sufficient hold upon him," or hold, "which would put it _out of his power to elude_ any punishment or penalty that might afterwards be adjudged for his deception." Papers, p. 77. [D] "Except those of Selum, who appear, by the accompanying statement (part of Captain Macleod's often-mentioned Report,) to have lost or embezzled the _smallest_ proportion." And such is the mode of reasoning subscribed to, rather than implicitly believed in, by Lord Harris, where his Lordship says, "of Captain Macleod's merits I have already had occasion to speak in terms of the highest praise,[E] and although placed at the head of those persons from whose misconduct the most serious mischief might have proceeded, and which did actually produce considerable inconvenience to the army, I hold it incumbent on me to declare that Captain Macleod is, _in no degree_, blamable for this unfortunate business," or business, "which _no means in his power to elude_ could possibly prevent." Papers, p. 75. [E] It will be seen, in page 12, where Major-General Macaulay has similarly written: "But I retain my former respect for his integrity." We have said,--subscribed to, rather than implicitly believed in,--because Lord Harris pursues "the principal carriers and benjarries are now in the Baramahl, (the very place, observe, of Sechiram's jaghire,) and I recommend to the immediate attention of government such measures as it may appear proper to adopt for recovering from them the amount of rice embezzled, and punishing those chiefs of this class of men who stood forward in responsibility, and who certainly knew and connived at the disposal of the rice, _if they were not themselves the managers of the transaction_." We now trust to have amply shown why Lord Harris thought, 1st, that "it was not the loss of rice in the department of the Commissary of Grain alone, that so seriously affected the general store of provision for the army;[F] but, 2dly, that infinitely more extensive and entirely unexpected deficiency, which was discovered in the quantity carried by bullocks, hired in the Ceded Districts, under the authority of Lieutenant-Colonel Read, and of which _Captain Macleod_ was in the general superintendance. [F] In the debate on the Mandamus Papers, a proprietor of stock asks, "What did Lord Ellenborough say? Did he say, that what was done was conclusive evidence of any bargain having been made, or any price being charged? No; Lord Ellenborough said,--No; he is ordered to enter it as an item of account; but that does not give it the character of having been purchased for the public. He acquiesces in the direction to enter it; but it ought to be considered as if he had not so entered and as if it stood in its original situation." But we must ask, what would Lord Ellenborough have said, had his lordship been informed that the fraud was not solely in Major Hart's grain, but, also, in that of Captain Macleod, and who, _previously to the discovery of the fraud_, had been ordered, by Lord Harris, to enter, that is, to retain his benjarries, now called, private grain, for "the _public_ service." Of Major Hart's grain, it can equally be observed, that this had also been publicly returned in Captain Macleod's Report, which Report has been stated to close thus: "_it is supposed_ Major Hart has 7000 bullock-loads, which would be ten seers each to 30,000 men. (Signed) William Macleod, Superintendant of Supplies." Upon this second and last of our own two points of grand doubt, we shall offer some further extracts, by which it will be perceived that Major Hart's head people were ordered back to the Ceded Districts, in company with Captain Macleod's benjarries, that is, were ordered back to those Districts, not before, but immediately upon the discovery of the fraud, and, as it were, in consequence of it. Asked by the Committee of Inquiry, "under whose charge was your rice brought forward on the march, and placed at the ground of encampment?" Major Hart replies, "under head people employed by myself, whom I discharged and (though discharged, yet) sent to the Carnatic with _General Floyd's_ detachment." In like manner, Captain Macleod states, in one of his letters to government, that "Sechiram joined the army at Kellamungulum and remained with it till the march of _General Floyd's_ division towards Caveriporam, when all the public and benjarries cattle, which had at that time survived the campaign, were sent from the army." Papers, p. 77. And under date of 18th April, Lord Harris having confirmed that "_Major-General Floyd_, with all the cavalry and three battalions of Native Infantry, marches to-morrow morning towards Caveriporam to meet Colonel Read, and escort his benjarries to camp," explains that "their arrival is of the utmost consequence, as, on measuring our bags to ascertain the rice they really contained, they were found so much diminished, by loss or fraud, that eighteen days provisions for the fighting men, at half allowance, is all that remains in camp; our supplies must, therefore, arrive before the 6th of May, to save us from extreme distress." Papers, p. 49. Further beyond this coincidence, Captain Macleod's second of two reports, dated Seringapatam, 29th June, 1799, says, "N.B. The 9025 mercals of rice remained in charge of Captain Macleod till Seringapatam was taken; no part of it was issued before the 18th May. E.E. (Signed) William Macleod, _late_ Superintendant of Supplies." Notwithstanding, then, the extreme distress of the army, as just mentioned by Lord Harris, we here find Captain Macleod admitting that he was a holder of three days grain for 30,000 men, at whole allowance, not before but after the 18th of May. Our inference is, what others have frequently drawn in this case, that there was always a plenty rather than ever any scarcity of grain.[G] [G] N.B. One mercal is twelve seers. Finally, we are to produce Major Hart's dubash, the already mentioned Sadashevah Moodiliar, as tampering among other of Major Hart's head people, with Subidar Enom Beg, during the intervals of this native soldier's examination by the Committee of Inquiry. The Committee says, "from the very exact concurrence observed throughout the depositions of the maistries (carriers) and head owners, (of bullocks,) already examined, it appears that a further examination of persons of those descriptions will not tend to afford any new information on the subject under investigation; but as the native commissioned and non-commissioned officers of the details which were employed with the grain-department may, from their observation of the conduct of the maistries and bullock-owners during the service, be able to speak particularly to points connected therewith, the Committee call upon Subidar Enom Beg, of the first battalion of the 12th regiment of native infantry." Papers, p. 53. And having first disproved, in common with other guards during the march, the alleged irruptions of the enemy's horse, as counterpleaded by the benjarries, even in phalanx form, Subidar Enom Beg, "of his own accord," next informs the Committee, that, "about eleven o'clock in the forenoon of yesterday, the _head conicopoly_ of the grain-department, by name Dunnacody, accompanied by a tindall of lascars attached to the department, came to his tent and told him that he had been directed by MAJOR HART to inquire of him the names of the subidars and jemidars, also the number of havildars, naigues, and sepoys, which had been employed with the rice-department; that he (the subidar) told the conicopoly that two of the companies were in Seringapatam, and that the company from Major Tolfrey's battalion, in camp, consisted of such a number of havildars, naigues, and sepoys, together with his own name, and that of the jemidar, all of which the conicopoly took down, in writing, and then went away. That in about half an hour afterwards the conicopoly and tindall returned, and asked the subidar to come to Tumboo Naik, _one of the principal bullock-owners_ and a DUBASH, whom he supposed to be Major Hart's (Sadashevah Moodiliar, the affidavit-witness,) as they wished to speak to him, and to come without dressing himself. The subidar answered, 'that as he might be wanted for duty, he could not come without his commanding-officer's leave,' to which the conicopoly replied, 'that, as he would probably be sent for by the Committee sitting near the general's tent, he desired him to keep favour upon him,' and the subidar answered, 'he was in the Company's service and, if sent for, he should tell what he saw, and could not tell any lies.' That the subidar was then sent for by Major Tolfrey, and ordered to come to the Committee, which he did, and that having attended the Committee and been ordered by Colonel Muat (the President) to come again this morning, he was going to his lines when _one of the maistries_ meeting him upon the road, asked, 'what news at the Committee?' The subidar answered him, 'you have no right to inquire: I have been to the Committee on business which does not concern you; go about your business.'" Papers, pp. 55 and 56. We would observe upon this testimony of Enom Beg, that the affidavit-dubash of Major Hart, Sadashevah Moodiliar, who is wont to describe himself as "a writer in charge of the public servants in the grain-department," is not, in our opinion, so important a personage as Major Hart's head conicopoly Dunnacody, and this because the employment of a head conicopoly is much more _official_ than that of a dubash, however greatly any particular occasion, like the present, for instance, may render the latter's services desirable. But in India it would otherwise appear that the dubash is accounted by far the more important personage of the two, at least if we can judge from Mr. Sherson's trial at Madras, also for rice-frauds; for, on this trial Sir John Newbolt, as third of three Judges, was pleased to argue, saying, 'Audy Narrain, (the dubash of Mr. Sherson,) one of the persons offering the bribe, which is _almost tantamount_ to naming Mr. Sherson himself.' Even in this case of Major Hart there is what is not wholly dissimilar to bribery; namely, where the conicopoly replies, 'that as he (Enom Beg) would probably be sent for by the Committee sitting near the general's tent, he (the conicopoly) desired him to keep favour on him.' The frequent occurrence among native Indians of the word _lies_ is to be here regarded as an Anglo-Orientalism. It is to the probability of Enom Beg and his fellow-soldiers' testimonies over those of Major Hart and Captain Macleod's head people, that attention shall safely be paid. Relative to the benjarries and maistries of Captain Macleod, as well as to Major Hart's head people, we must differ from the Committee of Inquiry, where saying that "a _further_ examination of persons of those descriptions will not tend to afford any new information on the subject." Our cause of difference is, that neither Sadashevah and Dunnacody, nor Sechiram and Narnapah, were _ever_ examined by this Committee. Major-General Macaulay "cannot conceive, under the strong case which appears to be made out, how the government of this country and Parliament can, _with a due regard to character_, abstain from a revision of the whole question." Neither can we conceive how, in this respect,--not the government (of the Board of Controul and Court of Directors,) but--Parliament abstains. APPENDIX. _To the Proprietors of East-India Stock._ Major Hart, in his advertisement, (_Times_, 24th of April,) says "I fear that I shall have no alternative but to appeal against such daily slander to the laws of my country." In other words, he, who sought to fight a duel with Major-Gen. Macaulay, fears. And may he fear! But Major Hart dares not appeal to the laws of his country, were he even slandered after the _daily_ manner of his own advertisement. Major Hart is too old a soldier to have to learn, that He who fights and runs away, Lives to fight another day. Nor can Major Hart forget where Major-General Macaulay states, "Report--to which, however, I can scarce give credit--assigns this disgraceful production to the pen of a noted Barrister. Be that as it may, Major Hart stands fully (be this as it may, equally fully) responsible." Major-General Macaulay's _official_ statement is, "Major Hart addressed a letter to the Court of Directors, dated the 22d of last month: that libellous letter has not yet been printed, by order of the Court of Directors, for the use of the Proprietors; but Major Hart has thought fit to print and widely to send it into circulation. I am sorry that it is not inserted in the Papers respecting the _Mandamus_; the reason may be, that the Court of Directors, possibly viewing it in the light I do, could not have thought it proper to make themselves accessaries to the circulation of a defamatory document, unaccompanied by explanations from me. To that letter from Major Hart was appended a declaration, under the signature of three General Officers; Gen. Sir John Floyd (Bart. omitted), Lieut.-Gen. Brown, and Lieut.-Gen. Bridges, on what these officers are pleased to term _some important points connected with_ Major Hart's case. The words in Italics are so printed in the original." Proprietors!--Have you never heard of a "Review of _some important passages_ in the Administration of Sir George Barlow, Bart. by Charles Marsh, Esq. M.P.?" have you never heard that this "noted Barrister" is the probable author of an anonymous Report of Mr. Sherson's case, if not of his trial itself, or will you not hear your own Directors? "The two following Papers, _although private_, having already appeared in print, are here (the Records of the Company) inserted for the information of the Proprietors; but it _does not_ appear from (here) the Records of the Company, that they were ever (during 16 long years) _officially_ communicated to the Court of Directors." The two Papers are, "A Letter from the Right Hon. Henry Dundas to David Scott, Esq." a deceased Director; and an enclosure in the foregoing, signed "William Dundas," and "T. Wallace;" which last paper has actually been called by some _A Report of the Board of Controul_. On the other hand, the deceased Mr. David Scott's authority to correspond and correspondence do not appear. So, in Mr. Sherson's case, there has been published an unsigned or anonymous Report of it, by a Mr. Halhed, one of the clerks in the India-House, whose error "was not his first" of the kind, yet whose Report was ordered, it has confidently been asserted, by only some one or two of the whole Court of Directors. In Mr. Sherson's case again the Board of Controul has compelled the erasure, from a despatch of the Court of Directors, of a paragraph recommendatory of an investigation into the conduct (on this Mr. Sherson's trial) of no less a person than Sir Francis Macnaghten, the _second_ of three Judges, of whom the _third_ is almost as much concerned as Sir Francis himself. Nor let these parallels be thought to beg the question, since they might readily have been extended; and since Major Hart's case would prove itself in Courts of Law, whether by artful confessions, or by other and better description of testimony. Unhappily, however, the period for this is expired. W. H. INGLIS. 3, Mincing-lane. THE END. MARCHANT, Printer, Ingram-Court, Fenchurch-Street. TRANSCRIBER'S NOTE: Footnotes have been moved from the middle of the text to the end of the paragraph referring to those footnotes. Apart from that, no other changes have been made for this e-text version. *** END OF THE PROJECT GUTENBERG EBOOK A REPORT OF MAJOR HART'S CASE, OF RICE-FRAUDS, NEAR SERINGAPATAM *** Updated editions will replace the previous one—the old editions will be renamed. Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution. START: FULL LICENSE THE FULL PROJECT GUTENBERG LICENSE PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license. Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works 1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8. 1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below. 1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others. 1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States. 1.E. Unless you have removed all references to Project Gutenberg: 1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed: This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. 1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9. 1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work. 1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™. 1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License. 1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1. 1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9. 1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that: • You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.” • You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works. • You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work. • You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works. 1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below. 1.F. 1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. 1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. 1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem. 1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. 1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions. 1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause. Section 2. Information about the Mission of Project Gutenberg™ Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life. Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org. Section 3. Information about the Project Gutenberg Literary Archive Foundation The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws. The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS. The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate. While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate. International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff. Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate. Section 5. General Information About Project Gutenberg™ electronic works Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support. Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition. Most people start at our website which has the main PG search facility: www.gutenberg.org. This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.