The Project Gutenberg eBook of The Ways of a Worker of a Century Ago, by Fred A. Gannon

For all the facts in this little book the writer is indebted to Henry F. Tapley, who gave the Lye, or Tapley, shoe shop to the Essex Institute, and who related the record of it, as well as extracts from the diary of Joseph Lye, to the Lynn Historical Society, October 14, 1915.

Mr. Tapley’s story is published in the Register of the Lynn Historical Society, Number XIX, for the Year 1915.

JOSEPH LYE HIMSELF.

Joseph Lye was born in Lynn, Mass., in 1792, being one of the nine sons of Joseph Lye, a shoemaker and soldier of the Revolution, and Ann Hart. He kept a diary which shows that he “was first clerk of the Second 2 Congregational church (Unitarian), clerk of the Fire club, served as juryman, trained in the militia, watched with sick friends and neighbors. He was something of a traveler in his modest way, worked as a shoemaker, painter, fisherman and skipper, and sailed small boats. He cleaned the chimney, set out posts and fences, fixed the pump, caulked boats and helped kill the neighbor’s pig. Interested in religious matters, he led the active, useful life of a good citizen.”

Altogether, he was a busy man. He viewed life from many angles. His diary is doubtless a good and accurate record of the acts and thoughts of the average man of his time. It furnishes material for contrast with men and their ways of these days.

In Lye’s time all work was done by hand. Machinery was scarcely known. Men often worked alone, for the factory system had not been started. As they toiled in solitude they read from a book or meditated in silence. They were given to deep thinking.

He lived in extraordinary times. His father told him of the Revolution. Washington, 3 Hamilton and Jefferson were laying the foundations of the new nation. Pioneers were pushing their way west. Inventors were busy. Fulton sailed the Clermont down the Hudson. Inventors dreamed of the steam locomotive. American ships opened trade with the Far East and brought back “the wealth of the Indies.” The nation had prospered so much that it had a surplus in the treasury.

The shoe business flourished. John Adam Dagyr, “the Celebrated Shoemaker of Essex,” had taught his fellow workers of Lynn how to make shoes equal to the best imported from London and Paris. Newspapers of the time urged people to buy American shoes instead of imported footwear. Ebenezer Breed, an early captain of American industry, had induced Congress to put a protective tariff on American shoes.

Joseph Lye, the diarist, learned shoemaking of his father, the Revolutionary soldier, as did many a lad of his time. He worked on the farm, too, and became a handy man, able to undertake most any of the simple 4 tasks of his time. He was content to work industriously and to live thriftily. Ambition did not tempt him. He thought deeply upon matters of religion. The Puritan conscience then was alive. He kept a diary. Its records are a good standard by which to compare the acts and thoughts of an average man of a century ago with the acts and thoughts of an average man of today, should any reader desire to do so.

JOSEPH LYE’S SHOP.

Soon after his return from the war of the Revolution, Joseph Lye bought a parcel of land and buildings thereon near the Common in Lynn, paying 123 pounds, 6 shillings for the entire property.

Among the buildings was a small, sturdy structure, scarcely as large as a kitchen. In it were four “berths,” or seats, on which shoemakers sat, their tools by their side and their stock on the floor, making shoes by hand. It was heated by a wood stove and lighted by candles, but aside from these it was as primitive as an old barn and had 5 none of the hundred and one devices so essential to the modern factory. It had no steam, no machinery, not even running water. But it sufficed for the times. In it the Lyes made a comfortable living, first Joseph Lye, shoemaker and soldier of the Revolution, and then his son, Joseph, shoemaker and diarist.

This shop passed from the Lye family by purchase to Amos Preston Tapley, a shoe merchant, related to the Lyes by marriage. From him it passed to his son, Henry F. Tapley, who gave it to the Essex Institute in Salem. Here it is preserved as an example of an early type of American shoe factory.

JOSEPH LYE’S RELIGION.

“A Diary of my Daily occupations and a few remarks that do not relate to them, and a record of what deaths and marriages come to my knowledge.”

6 Lye thought much upon spiritual matters. He wrote in his diary frequently of his attendance at church and of his views of religious subjects. He worked leisurely and had time to reflect upon the meaning of life and its highest ideals. It may be his view of life has been lost among men of today, intent upon their affairs of the moment. The point is worth looking into, for the solution of many serious problems of business, labor and society is coming through Christianity and its interpretation by men.

Lye wrote in his diary many records of his acts and views of Christianity, and some of his records are these:

“Sunday, Nov. 23. This day attended the meeting at the meeting house in Lynn, heard Rev. Mr. Brown preach from Luke 23, 61–62 verse. In the afternoon from Matthew 26, 24–27 verse.”

“Sunday, Nov. 30. Rainy and warm. In the forenoon attended public worship, heard Mr. Brown, of Charlestown, preach a sermon 7 from 2 Corinthians, 2 chapter, 15th verse and part of 16th. In the afternoon from Paul 39, 4th verse.”

Rain did not keep Lye from going to church twice. Rain keeps many a churchgoer away from church these days.

“Thursday, Dec. 25. Christmas. Rev. Hosea Ballou was installed pastor of the Second Universalist meeting in Boston.”

Christmas Day and no mention of Christmas joys. Puritans frowned on Christmas celebrations. Lye knew no Christmas cheer as do people of these days.

“Sunday, Jan. 18th. Read one of Laurin’s sermons in the forenoon. In the afternoon attended divine worship in Chelsea. Heard an excellent sermon by the Rev. Mr. Tuckerman.”

Lye could not go to church Sunday morning, so he read a sermon. Men of today read the newspapers Sunday morning, or play golf, or motor.

“Jan. 1, 1818. Fine day for the new year. Walked on foot to Chelsea, engaged a seat of 8
9 Capt. John Tewkesbury in Rev. Mr. Tuckerman’s meeting house.”

Lye walked to Chelsea, a distance of eight miles, to church. Few of today will walk a mile to church.

A time of woe to Lye was in February and March of 1818, when he recorded in his diary:

“Sunday, Feb. 22. Attended public worship at the old meeting house. Sermon by Rev. Mr. Morse, son of D. Morse, of Charlestown, from the passage, ‘Be ye reconciled to God.’ The sermon was the true essence of Calvinism, very uncharitable, cruel as the grave, profitable to no one.”

“Mar. 22. Staid at home this day, rather than to hear a Calvinistic preacher at the First church.”

A time of joy to him was in the early part of the year 1822, when he helped to form a Congregational church at Lynn and worked on its meeting house. He records:

“Tuesday, Nov. 5. Assisted in erecting 10 two stages for the accommodation of the committee, clergymen and singers for the dedication of the new meeting house.

“In the afternoon was laid the corner stone of the Second Congregational church (Unitarian) with appropriate ceremony. The treasurer, William Badger, having deposited under it a 25 cent piece, one half cent, a ten cent piece, an American coin and some newspapers of the day, and the copper plate with the inscription: ‘There is one God, one mediator between God and man, the man Jesus Christ. God is no respector of persons but in every nation he that feareth Him and worketh righteousness is acceptable.’ The other side: ‘Second Congregational society of Lynn, maintaining in their fullest extent the right of conscience and private judgment in Religion and the principles of Universal Charity was established, and this house devoted to the worship of the only true God, the Father of Jesus Christ, our Lord, founded under their patronage in the year of the 11 Christian Era 1822. May God give thee increase.’”

Deep interest in religion was common among shoemakers of the time of Lye. The Bible was kept in many a shop. The Sunday sermon was a chief topic of debate among the shoemakers. The minister himself often called at the shop. But these days there is no room in the shop for the Bible and the minister never calls. There may be business wisdom in the remark of a shoe man that each large manufacturing organization should have a minister on its staff.

THE WAGES OF JOSEPH LYE.

For his useful toil Joseph Lye was content with a modest wage. He was willing to turn his hand to most anything. He worked “as a shoemaker, painter, fisherman and skipper of small boats. He cleaned the chimney, set out posts, built fences, fixed the pump, caulked boats and helped kill the neighbor’s pig.” He also was a farmer. Evidently he had a good all around training which enabled him to adjust himself to the circumstances of 12 each day. He did not become a specialist in shoemaking and limit his work to one branch of the shoe trade, as do shoemakers of these days. He undertook most any work that came before him. Yet he was not a plodder, living from day to day, for he took upon himself responsible tasks and financial obligations. For example, in April, 1822, he agreed to pay his mother $150 a year for the use of the farm, comprising eight acres of tillage, two cows, a pasture and a wood lot, as well as buildings.

He was taught his trade of shoemaking by his father, Joseph Lye, the cordwainer and soldier of the Revolution. In turn he taught his brother Robert to make shoes. He made mention of it in his diary. He was not apprenticed to a master workman for seven years, or until he was 21, as was the common practice of his time. His knack of painting, building fences, fishing, sailing boats, and farming was picked up in his boyhood life on his father’s farm. A task came before him. His father showed him how to do it. He 13 did it, and learned a lesson in the school of experience.

“Tuesday, Nov. 25. Made 3 pairs of shoes at 40 cents. Assisted in throwing up shop wood. Pleasant and cold.”

His earnings for that day were $1.20. Besides, he made fuel ready for the winter. The fuel was from the wood lot on the Lye farm. The labor of gathering it was its chief cost. He never dreamed of a time when a fuel administrator would limit supplies of fuel to people.

“Wed., Nov. 26. Made two pairs of village walking boots at 45 cents; two pairs military at 40 cents. Weather continues clear and pretty cold.”

His earnings for this day were $1.70. Business was brisk with him. Clear cold weather must have started people buying winter footwear.

“Friday, Nov. 28. Hauled the boat Ann into winter quarters, stripped her. Assisted Amos Tapley to get his boards in. Waited 14 some time for shoes. Made one pair at 45 cents. Weather warm and cloudy.”

His earnings this day from shoemaking were but 45 cents. Whether Amos Tapley paid him for getting in boards, or whether he just helped in a neighborly way is a matter he does not make clear in his diary. The ship Ann belonged to him. So he had no pay for his work on it.

“Saturday, Nov. 29. Made 2 pairs of shoes at 45 cents. This week’s work comes to $5.87 exclusive of other work.”

Five dollars and 87 cents for a week’s work in shoemaking! Some shoemakers earn that in a day these times. It was a normal week’s wage for Lye. The next Saturday he records: “This week’s work amount to $5.40.” It was less than $1 a day. Small pay that seems. But $1 went a lot farther then than these days. Lye’s costs of living were low. He farmed and fished and produced much of his own food stuffs, and gathered his own fuel. His “humble joys” were by no means expensive. He speaks of taking a book of sermons from the library, of going to camp 15 meeting, and of walking to Boston to attend a theatre. Nothing very expensive in these.

Lye speaks of earning $5.87 “exclusive of other work.” Evidently he had some source of income besides his pay for making shoes. Perhaps Amos Tapley paid him for helping to get in his boards. Later he “assisted Amos Tapley to repair wood shop.” And Saturday, Jan. 3, he records that “Hugh Floyd and his boy Isaac moved into our shop.” Doubtless they paid rent and he had an income as a landlord.

A great haul that was. Plenty of food. Yet not much money, for fish was cheap, selling at six cents a pound, or thereabouts. He followed up fishing during the summer season. In addition to the profits from it he had a bounty of $35 for engaging in the codfish industry for four months. He records that 16
17 to collect that bounty he “went on foot to Marblehead.”

Plainly Lye was a diligent, thrifty worker, willing to work in the sweat of his brow and to walk a long journey to collect his pay. But his ways are no more. Modern industry has changed the habits of men.

THE MISCELLANEOUS TASKS OF JOSEPH LYE.

The spring of the year 1819 was a very busy time with Lye, and a few entries in his diary reveal the versatility of his career.

May 5, “helped set fence in front of our premises in the forenoon. Performed military duty in the afternoon.”

May 9, “helped move Mudge’s new shop. Went to Chelsea to purchase pigs, but found none to be bought.”

June 30, “sailed from this town for North Yarmouth in the sloop Jane, Capt. Ross, for the purpose of recovering the boat Humbird, which Ellis and myself sold to David Libby last November.”

Sunday, July 12, “arrived in Lynn with 18 the boat, which we took possession of July 1 without much difficulty, having had a quick voyage of ten days, Capt. Ross, S. Hutchinson and myself being all the crew to manage both vessels.”

Monday, July 27, “bought of James Austin one sixth part of the boat Humbird for $16.66.” (It was for using this boat in the cod fishing industry that Lye got the bounty of $35, by the way.)

At some time or other during the year, Lye acquired the pigs for which he made his vain trip to Chelsea, and on Jan. 1 he “killed our two hogs. Their weight was 384 pounds.”

The variety of Lye’s tasks certainly surpasses those of the average shoemaker of these days.

THE PASTIMES OF JOSEPH LYE.

Joseph Lye lived a well rounded life. Besides shoemaking, fishing and farming, and other occupations that came to his hand, he trained with the militia, ran with the firemen, took part in politics, and sat up with sick friends, and lent a hand when help was 19 needed. He took life seriously, not as sternly as did his Puritan forefathers, but nevertheless, with a deep and earnest purpose. For example, in his diary he records:

“Monday, Mar. 20. This day I am 27 years old. I have, through God’s goodness, been spared in life and health for another year, and may I improve the present year better than I have ever done before.”

“This day closes the year through which I have passed in good health and have enjoyed all the necessary comforts which I have needed. May I be suitably thankful for mercies received.”

No birthday dinners and celebrations for Lye. The passing years of life were serious to him.

Yet Lye was not a sombre soul, given to overmuch piety. Jan. 2, 1823, finds him going to Boston in Breed’s carriage, with three friends, a big event in his career, for he usually walked to Boston, a journey of ten miles or so. In the afternoon Lye and his friends attended the theatre and saw the 20 comedy “Who Wants a Guinea” acted. He makes no criticism of that show. That is unlucky. It would be interesting to know what he thought of the show. He was a keen critic, given to speaking his mind, for, on the day after the laying of the church corner stone he records in his diary that “On searching under the corner stone a quarter of a dollar and one half cent was missing, purloined by some sacrilegious robber.”

“Feb. 3. In the evening attended a public dance at the hotel, under the direction of Mr. Jameson, who is teacher in the school. Much pleased with the performance.”

“Attended the town meeting. High party spirit is again revived, and has destroyed the good feeling which has for a number of years prevailed in town.”

But that spell of bad feeling among townsmen passed, and July 4, 1821, finds Lye recording:

“Independence Day was celebrated by the citizens without distinction of party. Oration 21 in the Methodist meeting house by Rev. E. Mudge. Procession by Artillery and Light Infantry. Dinner at hotel. Devoted this day to celebration.”

Lye was always ready to do his part in the public service. He mentions his service in the militia several times, and once remarked that he “trained near Rum Rock, in Danvers.”

Certainly Lye’s pleasures in life were simple. He had a lot of satisfaction in performing his duties as a citizen and as a neighbor.

JOSEPH LYE AS A NEIGHBOR.

In a neighborly way Lye did many things, helping to fix fences, to mend boats, to kill pigs, to repair pumps, and to do any of the kind deeds that help a neighbor along the path of life.

“May 4, 1820. Watched this night with our neighbor, David Farrington, who, it is feared, is approaching the last end.”

“Mar. 30, 1823. Watched last night with Thomas Cheever, who is bereft of his senses.”

THE MEANING OF LIFE TO JOSEPH LYE.

“Friday, Sept. 2. Carried out a fishing party. Capt. Z. Atwell, S. Smith and six others. On our return off Bass Neck, Capt. Atwell at the helm, going before the wind, the boom jibed over and knocked Matthew Breed Jr. overboard. I jumped into the small boat and picked him up. He was considerable distance astern and quite exhausted, just ready to sink. Thus was I a feeble instrument in God’s hands.”

That was his view of life. “A feeble instrument in God’s hands.” In that spirit he pursued his useful toil, enjoyed his humble joys, and wrote his simple annals of the poor. His ways were the ways of other days, and will be known no more.

JOSEPH LYE’S EPITAPH.

After the death of Joseph Lye, his family 23 placed a stone on his grave, bearing this inscription:

So that stone tells of the faith Lye had in eternal life, a faith which was his guide in each act of the days of his life.

THE TAPLEYS.

Amos Tapley, who purchased the Lye shop after the death of Joseph Lye, was of the Danvers family of Tapleys. He married a daughter of Joseph Lye, the shoemaker and soldier of the Revolution. His son, Amos Preston Tapley, engaged in the shoe trade and became the owner of the shop upon the death of his father. His son, Henry Fuller Tapley, became owner of the shop, and gave 24 it to the Essex Institute. Henry F. Fuller is surviving partner of the house of Amos P. Tapley & Co., whose record is this:

MORE THAN ONE HUNDRED YEARS OF PROGRESS A CENTURY

25 PROFIT AND LOSS.

Lye didn’t live long, didn’t make money, didn’t make a reputation, didn’t build up a big business, didn’t go into politics, didn’t follow any sports as a fad, and didn’t break into society. But it looks as if he enjoyed life while he lived.

Lye was contented to work for a living, to live in simple fashion, and to enjoy humble pleasures. He had a knack of getting along. When the shoe trade was dull he turned his hand to something else. He kept down his cost of living, for he farmed, fished and raised a pig. If anything around the house or shop needed repairs, he did it himself. He was an independent person. Yet he wasn’t selfish. He was always ready to give a helping hand to his neighbors.

He read the Book of Life, and believed it, according to his views. He lived according to his conscience, and he was a contented man through the days of his life.

Did he get more out of life than a fellow these days of complex ways. Who knows?

*** END OF THE PROJECT GUTENBERG EBOOK THE WAYS OF A WORKER OF A CENTURY AGO ***

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

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.