The Project Gutenberg EBook of A Letter to Lord Robert Bertie, by Anonymous

This eBook is for the use of anyone anywhere 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

Title: A Letter to Lord Robert Bertie
Relating to His Conduct in the Mediterranean, and His
Defence of Admiral Byng

Author: Anonymous

Release Date: May 7, 2010 [EBook #32286]

Language: English

*** START OF THIS PROJECT GUTENBERG EBOOK A LETTER TO LORD ROBERT BERTIE ***

Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/Canadian
Libraries.)

A

LETTER

TO

Lord Robert Bertie.

[Price One Shilling.]

A

LETTER

TO

Lord Robert Bertie,

Relating to his

Conduct in the Mediterranean,

AND HIS

Defence of Admiral BYNG.

Hic unde vitam sumeret inscius
Pacem duello miscuit. O pudor!
O magna Carthago! probrosis
Altior Italiæ ruinis!
Hor.

LONDON:
Printed for R. Griffiths, in Pater-noster
Row. MDCCLVII.

A

LETTER

TO

Lord Robert Bertie.

My Lord,

Characters like your’s, are regarded with impartial Attention by human Society, and the World will impatiently expect something in your Conduct suitable to your Rank and Dignity. Those who are intrusted with the Charter of our Liberties, or the Revenge of our Wrongs, are laid under the strongest Obligations which Honour or Gratitude can impose, to maintain the Rights and execute the Resentment of their Country; but if they fail to exert themselves to the utmost for this Purpose, the People, naturally fretful at their Losses, will not forbear reflecting on the supposed Authors of their Misfortunes. And when they call to mind that indelible Disgrace which has befallen them in the Mediterranean, it’s possible they may mingle too much Petulance and Severity in their Censures upon those who were concerned in that unfortunate Expedition.

I am extremely sorry, my Lord, to find your Name in the Number of those to whose Misconduct that fatal Defeat is attributed. You have been marked out by the Indignation of the Publick, and maliciously charged with Principles the most remote from your Heart, and Designs. No Person, I can assure you, was more assiduous in vindicating your Fame, than the Author of this Address; and it was not without the utmost Reluctance, that I ever suffered myself to entertain any Suspicion of the Wisdom or Activity of your Conduct: But since you have espoused the Cause of the Admiral, now under Condemnation, with so much Warmth and Solicitude, I fear your Sentiments are no longer a Doubt, nor your Behaviour altogether capable of such an honourable Construction as your Friends could wish.

I shall therefore take that Liberty which, as one of your Constituents, I may claim, of canvassing the Merits of that Transaction in which your Lordship had a considerable Share; and as I shall endeavour to preserve an inviolable Regard to Truth, without Partiality or Rancour, I hope you will esteem these Remonstrances as the Observations of a Friend, solicitous for your Reputation; and not of an Enemy, exulting in your Adversity. These are the unanimous Sentiments of your Constituents, who think themselves so far interested in the Fate of their Representative, as to be honoured by his Glory, and wounded by his Disgrace; who are more publick-spirited than to justify an unworthy Member, and more generous than to desert a faithful Officer, tho’ the popular Cry be against him.—The principal Objections against your Lordship’s Conduct, on which I shall now freely animadvert, are the Part you acted in the Mediterranean, and the Defence you have made at home.

With relation to the first, my Lord, I believe that your Friends and Enemies both lamented that terrible Oversight in the Administration, which neglected to prepare so invaluable a Fortress, as St. Philip’s, for every Contingency whatsoever; and, when it was besieged, heartily wished that that Detachment, which your Lordship commanded, had been stronger for its Relief. They apprehended that it was not politick, considering the precarious Events of War, to trust to a small Number, from an ostentatious Confidence of our Strength, or an ill-judged Frugality, when greater Forces might have been sent, consistent with our Safety at home.

But it unfortunately happened, that those few on board were all that Gibraltar could spare. Minorca was exposed to a furious Storm, the General was brave, and the Garrison sustained the Attack with undaunted Resolution. But Valour cannot surmount all Difficulties, Courage cannot stifle the Demands of Nature, nor the greatest Spirits persevere without some Relaxation from Hardship and Fatigue: They had to encounter with the intense Heat of the Climate, and were denied the necessary Refreshment of Repose. In these Circumstances, what Transports of Pleasure would the Sight of a British Fleet inspire? How chearfully would they exert all their remaining Strength, in hopes of being speedily supplied with all the Necessaries their Distresses required? What noble Efforts must they make, when they saw a fresh Reinforcement of Men flying as swift as possible to their Assistance? The smallest Detachment that could have been landed, attended with Stores and Provisions, would have revived their Courage, animated their Spirits, and possibly might intirely have defeated the Designs of our Enemies. What Motives of an opposite Nature could sway with such weighty Considerations? What Danger could there be in attempting to land? What Hesitation could there be about the Expediency of it? What Council, good God! could deliberate a Moment, whether they should help their Friends, or abandon them to Destruction? The Reasons which were urged against that Enterprize, were not on account of the Smallness of the Detachment, but the Danger of entering the Harbour, which would have been equally conclusive against the most numerous Body, which must have suffered more from the Fire of their Cannon than a few, and would deter us from performing any Exploits which are attended with the least Degree of Danger or Inconvenience. But admitting the Truth of that Assertion you have frequently maintained, ‘That all the Assistance you was capable of bringing would have been no effectual Relief; and, at best, could but have protracted the Siege a few Days;’ admitting, I say, that the Presence and Encouragement of so many superior Officers would not have accomplished that desireable End, yet you would have stood acquitted, and glorious, in the Eyes of your Country, and of Posterity. The Guilt would have been confined intirely to those who sent you out in so miserable a Plight: We should have pitied and applauded the gallant Efforts of that Bravery which was not crowned with Success; we should have resigned the Place with less Regret, when it was so dearly bought.—But, alas! we did not put it in the Power of Fortune to save us: The least Evil was not hazarded; we had not the Pain of seeing our Friends overcome by a superior Enemy; your Valour was reserved for a nobler Theatre, and your Eloquence spared for a more glorious Occasion.

There is one Circumstance, my Lord, which I shall mention, as it just occurs to my Mind. If I forget not, it was agreed in Council, that the Enemy could never neglect planting Cannon on such advantageous Places, as those two opposite Points which command the Avenue of the Harbour. Now as you did not approach so near the Place as to be Spectators of any dreadful Artillery planted to intercept Relief, this Opinion must be wholly founded on Conjecture; and you had as much Reason to apprehend it while at Gibraltar, as after the 20th of May; and if so, would it not have been more prudent to have staid at Gibraltar, than have put your Men on board a Squadron so imperfectly equipped, destitute of Hospital and Store-ships, where they could be of no Service, where they must consume the Provisions of the Fleet, and be liable to the Sickness which attends a close Confinement? Who could have objected to you the Disobedience of Orders then, if they acquit you now? How ridiculously must you pretend to say, that the Commands of Majesty were obeyed, when the least Attempt was never made to land the Reinforcements at that Place where it was only in their Power to be of any Service? I defy all History to produce any Instance when the Orders of a Sovereign, and the Possessions of a Kingdom, were ever so infamously disregarded, under the Sanction of a Council!

I have nothing, at present, to say concerning the Engagement betwixt the two Admirals, as your Lordship’s Fame was not interested in the Event; and whatever Benefit the Squadron might be supposed to receive from the Continuance of your Regiment on board, I presume you will not ascribe to them the Merit of having defeated the Enemy. The principal Figure you had the Honour to make, was in the decisive Resolution, agreed upon in Council, of returning to Gibraltar. I don’t suppose your Lordship was more forward in promoting that Determination, than any of those that composed that honourable Body. As to the Losses and Situation of the Fleet, I don’t doubt but they might be represented to you in such a Light, that it might appear wise and necessary to repair to Gibraltar to refit, before you ventured upon another Engagement; but how any other Reasons could impose upon your Judgment to consent to so infamous a Retreat, I cannot conceive; and am amazed and confounded when I think of it.—Could it ever seriously be urged, that the French Fleet designed to escape thro’ the Streights, in order to join a Squadron from Brest, and so do some terrible Mischief, the Lord knows where?——What unaccountable Panick could seize you, in behalf of Gibraltar? Were not all their Efforts exerted, all their Armaments drained, all their Magazines exhausted, to carry on the Siege at Minorca?—besides the Strength they borrowed of the Genoese.

What Alarms could Gibraltar apprehend, unless Ships were to rise from the Deep, or an Army drop from the Skies?——Whatever they might boast of the Strength and Cleanness of their Fleet, they must have sustained some Damage in the Engagement: They must be weakened and disabled by the brisk Firing of Mr. West’s Division; not to mention the immense Quantity of Powder and Ball discharged from the Ramillies, which surely could not be expended in vain.—Yet, notwithstanding these Reasons, it appeared more eligible to you to retire, than to answer the Design of your Expedition.

I would not be understood to reflect on the Valour of those Officers who embarked along with you; and you might think it a Deference due to them to acquiesce in their Sentiments.—But yet, my Lord, had you considered, with due Attention, the Distresses of the Place—the Certainty of its falling into the Hands of the French, if not relieved—the grand Purpose for which you was sent—and the Censures to which you would stand peculiarly exposed, as Commander of the Regiment on board——I am persuaded you would have been the first for landing the Reinforcement, and have indignantly rejected a Proposal for abandoning a Fortress so valuable, unassisted, unrelieved.——Whatever Danger might have attended the Enterprize, would have redounded to your Glory——and your Neutrality, at least, would have endeared you to the eternal Esteem of your Friends, and recommended you to greater Honours than we can confer.——What Pleasure would it give to those who have the least Connection with you, to find your Resolution so singularly distinguished, and your Zeal for your Country so warm, as to surmount every Obstacle, every Difficulty, attending its Defence! I remember to have read of a great General, whose Example should be the Model of every Soldier, that having convened a Council to debate upon some important Enterprize, then in Agitation, and finding them discontented with his Proposal, he upbraided their Timidity, gave them Liberty to return, and declared that he would march forward with his own fifth Legion alone!——His Reproach had a just Effect upon them, and inspired them with such Shame and Indignation as rekindled their Courage, and carried them thro’ the greatest Difficulties with uninterrupted Success.

My Lord, I should not have expostulated with you so freely, had I not been assured that the intended Reinforcement was practicable, and might have been successful. History affords many Instances of Garrisons, in Strength much inferior to St. Philip’s, holding out against a more formidable Enemy; and, whatever Representations may have been given of the romantick Nature of the Attempt, if I should maintain that your own small Supply would have been sufficient, I should be justified in the Assertion by the most unexceptionable Authority.

There is great Reason to believe, that had the fatal Attack, on the 29th of June, been repulsed from those Forts which were most defenceless, and most surprized, as it might have been done with a very small Number more, they never would have renewed it again with equal Fury, or equal Advantage. And if there be any Weight in this Supposition, if there was any Prospect of affording the Castle any Relief, we can’t help being astonished that any Danger should induce you to decline the Prosecution of so glorious an Undertaking.——We cannot applaud the Voice you gave in the Council, according to our present Apprehensions; and we must continue in this Opinion, unless you shall vindicate your Conduct, and acquaint us with those Views that influenced your Lordship’s Determination. This a Piece of Justice which the Honour of your Character requires, and which your Friends expect. As your Electors, we beseech it; as the Subjects of an insulted Kingdom, whose Losses are universally felt, we demand it at your Hands.

Reflect, my Lord, (for your Country can never forget) what a long Succescession of dreadful Consequences this Loss must extend to Futurity? What additional Expences must the Protection of our Trade require, when thus deprived of its Guardian? What Sums can insure the Return of our Ships, exposed, as they must constantly be, to the Capture of our Enemies? What Profit can attend that Commerce, which must always be liable to irretrievable Losses? What Fleets of Convoys must be engaged for our Defence, which might otherwise be employed to the Annoyance of the Enemy? What aggravated Indignities we must receive from the most contemptible Powers in the Mediterranean, who will look upon this Defeat as the certain Token of the Ruin of our once invincible Navy.

Whoever considers this sad Concurrence of Misfortunes, and at the same time the Enormity of the Disgrace we have sustained, will blush to find so black a Period as this recorded in the Annals of Great Britain. Let it never be remembered, what great and lasting Advantage might have been reaped from the Defeat of the most rash Invasion that was ever undertaken, how fatal a Wound we might have given to their Ambition, and what future Hostilities might have been prevented. May Posterity forgive us for losing the most glorious Opportunity of gaining a complete and final Triumph over our Enemies, that Heaven ever gave. May not our Colonies reproach us for all those Cruelties and Calamities, which this disastrous Event has contributed to enhance and prolong.

And now, my Lord, I proceed to the Defence you have made in favour of the Admiral, when the united Voice of his Country called upon him to answer for his Conduct: And here you have espoused his Cause with a Solicitude eager for his Safety, and with a Confidence which the Persuasion of his Innocence could only create.——You was pleased to express the greatest Surprize, that the Action on the 20th of May should be so universally condemned by the Nation; and to prevent your Friends from being carried down the Tide of popular Clamour, you favoured them with a particular Account of the Situation, Strength, and Armament of the two Squadrons. You gave a particular Calculation of the Weight of Metal, the Number of Guns, and Superiority of Men; from which it appears, that if no Confidence was to be placed in the Valour and Activity of our Seamen, and the Experience of our Commanders, we must inevitably lose the Victory.—To confirm this, the State of our Fleet might be added, which has been so pathetically represented as weak, destitute, and unprovided with necessary Stores and Tenders, at a Time, alas! when it ought to have been invincible. Besides, we have been told of the immense Rate at which our Enemy’s Ships failed, (if we were capable of being bubbled by so palpable an Imposition) which must necessarily disappoint our most vigorous Efforts in the Chace.

And yet, notwithstanding these unsurmountable Difficulties, which it was Mr. Byng’s peculiar Misfortune to encounter with, your Friends cannot cease to believe, with the most exquisite Concern and Regret, that it was in our Power to have destroyed their boasted Squadron, and abundantly revenged their Invasion of Minorca.

What Instance can be produced in our naval Records, where so small a Difference in Strength was ever urged to vindicate a timorous Action, or justify a hasty Retreat. There has been a time when our Captains, so far from being terrified with a formidable Enemy, have exulted in their Superiority—improved it to their own greater Glory, and envied no Success but what has been obtained by unequal Numbers.—Vigilance and Resolution will succeed against the strongest Force. Fortune may hold the Ballance of War; but Bravery turns the Scale.

If any thing could embitter the Remembrance of our late Misfortunes, it must be those Circumstances that have suspended the Fate of the Author of them so long, contrary to the united Demands of the Kingdom. We are not so barbarously impatient for Justice, as to deny an equitable Trial to the worst of Criminals; but we cannot see why the Satisfaction of an injured People should be delayed; and we can never be too jealous of that Power which enables us to arraign the greatest Crimes, and condemn the most capital Offenders. And, with relation to the present Case, nothing but the most scrupulous Mercy could have deliberated on the Execution of his Sentence so long. The Fury of the People was subsided. All the Weapons, which Falshood and Calumny could invent, to transfer the Odium of this Transaction to a higher Cause. His Situation was considered with all the Allowance that Candour could make: His Judges entered upon his Trial free from all Prejudice and Passion, and every Witness that was desired was granted. So that all Complaints of ill Usage and Injustice are urged without the least Shadow of Foundation; and there is not the least Reason to pretend that he falls a Sacrifice to the Resentment of a private Party.—If he has the Sanction of Authority to produce, let his Commission be shewn, and the Mystery of the whole Combination be unfolded: But if no Associates should be found, if the original Springs of our Mischiefs should be inaccessible, we do know the Instruments of them, and whether Bribery or Disaffection, or Cowardice or Negligence, has principally prevailed.—We know what we ought to have done, and need not be reminded what we have lost. We are sensible who reflected Disgrace upon his Majesty’s Flag, abandoned his gallant Countrymen, and infamously retreated to Gibraltar, while our Enemies were seizing an undefended Garrison, and triumphing in those Seas which never acknowledged any but a British Sovereign before. When we repose such an important Trust in the Hands of a Commander, the least Neglect in the Discharge of it is a Crime of the most aggravated Nature. What can make us a Recompence for what we have lost? not all the Spoils of Plunder, nor the Profits of illicit Trade. The Forfeiture of that immense Fortune he has accumulated would be no Amends; and the Sacrifice of that Life he did not rashly expose to Danger, would be too small an Atonement of our Wrongs. Did we not hone so memorable an Example would do Justice to our Name, and prevent the same sad Misconduct from ever being transacted any more.

If there be any Weight in these Observations, Mr. Byng has been treated with no cruel Severity to which he was not intitled; and whoever exert themselves as Patrons and Defenders of his Cause, cannot hope to be exempt from the unsparing Censures of the Publick.—Your Lordship’s Evidence has not been the least remarkable: You have befriended him in open Court; and in private Conversation you have not scrupled to express your favourable Opinion of his Conduct, in Opposition to the general Belief of his Country.—Whatever Principles you may have declared in the latter Case, I shall not charge you with; but your Depositions, as an Evidence, are subject to every one’s Examination; and these, I presume, are far from making his Character appear in a more agreeable Point of View than it was placed in before. If your Lordship could have discovered one Reason why Mr. Byng’s Ship was prevented from bearing down upon the Enemy with all Expedition; why he was kept back so long, that one of our own Ships, which did not sail so well as the Ramillies, was able to get betwixt him and the Enemy, and was in great Danger therefore of receiving her Fire—you would have alledged an Argument in his Defence more material and important, than a thousand Encomiums on his Calmness and Presence of Mind. Facts are the only solid Tests of Truth, and the only Proofs which are liable to no Ambiguity: And if we appeal to these, may we not suppose that every Contingency that furnished a Pretence for Trifling and Delay, was gladly embraced.——What Appearance is there of the least Ardour to engage, or the smallest Attention to improve any favourable Event to his Advantage? Where was the Spirit of Resolution and Enterprize worthy of a British Commander? What Losses did he receive, but that of a Timber-head? What Danger could he apprehend, when the Enemy’s Fire did not reach a Ship in his Division much nearer than himself?——Where was the Heroism of delivering his Orders without Terror or Confusion, while he was situated at so harmless a Distance? If this can proceed from Neglect, it may cost us more than Minorca——our Navy and Kingdom too. And what can Cowardice or Disaffection do more?——The most friendly and partial Evidences do him no Honour, and represent him, at best, but as an inactive, inglorious Spectator, indifferent to Victory, rather than as a vigorous Commander, whose Country’s Reputation, as well as his own, was immediately interested in the Event. And if the unexceptionable Attestations of the rest have any Authority with them, we cannot be at a Loss to whom we shall ascribe the Defeat of that fatal Expedition; and we cannot but think a Solicitude to defend a Conduct so undeniably culpable, will deserve Part of the Ignominy which attends it. Your Friends, fearful of pronouncing too hasty a Sentence, rejected a great many Reports which enhanced the Guilt of this Action, and waved their Opinion till the most material Circumstances were confirmed by the Court-Martial.

They are sensible of the Difficulty of forming a just Judgment upon an Engagement, which requires such extensive Skill, and so minute an Attention, to be free from all Exception: Yet when they see a Ship of the first Note, for sailing, scandalously loitering in the Rear, without any just Impediment, while the rest were sustaining unequal Fire, with not one Man wounded or killed during the whole Time, though all the Evidences were unanimous in commending the Admiral, we could not help condemning it as defective; and while this is the Case, we cannot approve of your endeavouring to obstruct or mitigate the Punishment such Misbehaviour deserves. These Remonstrances are not the Dictates of Passion and Malice; but of a Desire for the impartial unbiassed Administration of Justice. The Honour of every brave Man is dear, as the Actions of every Coward are odious, to his Country.——It is incumbent on your Lordship to remove all Suspicions of Partiality from the Minds of your Friends, that your Memory may not be transmitted to Posterity in Connection with that Name, which they will have as much Reason to detest as their Ancestors had to admire.

When the necessary Rigor of the military Oeconomy is relaxed by an unbounded Indulgence to superior Officers, when supreme Orders are stripped of all their Meaning and Force, by the arbitrary Construction of those to whom they are directed, when the greatest Offenders, relying upon their affluent Fortunes and almighty Influence, shall be able to resist the united Demands of a whole People, crying for Vengeance, we can never be astonished at the Consequences which will follow. The Restraint of publick Awe will be removed, popular Displeasure despised, and our invaluable Possessions will be sacrificed to Indolence, Timidity, or private Revenge.—That this was our Case we had but too much Reason to apprehend, when such uncommon Circumstances of Delay protracted the Execution of a late Sentence so long. At last we find that neither Artifice nor Intreaty, Interest nor Power, can wrest from us that Victim to Justice which our Misfortunes require of us.——Whether we are to look upon any hidden Mover in this dark Labyrinth as antecedently guilty or no, we refer to the Deliberations of Parliament; and, waving all Assertions and Murmurs not sufficiently supported, shall acquiesce in the Result of their impartial Enquiries.

My Lord, you cannot do greater Justice to yourself, or Favour to your Friends, than by promoting, to the utmost of your Power, that Scrutiny we have recommended to you, that the Causes of our Disasters may no longer be concealed, nor their Authors escape with Impunity: May future Discoveries reflect an agreeable Light upon your Conduct, and restore you to that Esteem you once deservedly possessed. If these Reasonings are not founded on so exact a Knowledge of the inaccessible Situation of St. Philip’s, or so accurate a Calculation of the Force of the two Squadrons as your Lordship obtained, we may expect you will confute them by an open Vindicacation; for Silence and Contempt will only confirm them.

It would be malignantly partial to have directed the popular Clamour against you, had not you invited this Address by the Talk you voluntarily undertook, in which you have advanced so little material, that the Admiral was indebted more to the Generosity of your Friendship than the Merit of your Evidence.

To draw this Letter to a Conclusion; when the Actions of any Officer are not called to publick Account, it creates a strong and probable Presumption in his Defence: But there is a secret Judge in every human Breast, by which a brave Man would always wish to be approved. Honour erects a more equitable Tribunal; and its Decrees are irreversable. To stand acquitted there, it is necessary that every Prejudice and Exception, which tend to diminish the Fame of any Exploit, be cleared up and removed.

Those which lie against your Lordship are here faithfully related, without any groundless Aspersions or malicious Conjectures.—But it is too painful to dwell on this critical Subject any longer; may the Review of past Misfortunes animate us to a more vigorous Execution of future Measures. Our Enemies have longed triumphed in their perfidious Spoils, and reaped the Fruit of our Negligence and Misconduct.——The last dear Prizes are at Stake, our Possessions and our Being in the most critical Suspence.——Yet, when a wise and uncorrupted Administration sustains the arduous Offices of Government, when Valour and Integrity conduct our Arms, when our Commanders are recompensed with their just Deserts,——a brighter Prospect will dawn upon us; Britain may once more lift up her Head, her withered Laurels revive, and her Dominion over the Deep be re-assumed.—That the Infamy of our late Mismanagement may be effaced by the Steadiness of our Councils, and the Propriety of all our Measures; and that your Lordship may take an honourable and distinguished Part therein, is the sincere and ardent Wish of,

My Lord,
Your most obedient
Humble Servant.

End of Project Gutenberg's A Letter to Lord Robert Bertie, by Anonymous

*** END OF THIS PROJECT GUTENBERG EBOOK A LETTER TO LORD ROBERT BERTIE ***

***** This file should be named 32286-h.htm or 32286-h.zip *****
This and all associated files of various formats will be found in:
http://www.gutenberg.org/3/2/2/8/32286/

Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/Canadian
Libraries.)

Updated editions will replace the previous one--the old editions
will be renamed.

Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission. If you
do not charge anything for copies of this eBook, complying with the
rules is very easy. You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research. They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks. Redistribution is
subject to the trademark license, especially commercial
redistribution.

*** START: FULL LICENSE ***

THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.org/license).

Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
electronic works

1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works. Nearly all the individual works in the
collection are in the public domain in the United States. If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed. Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work. You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are in
a constant state of change. If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work. The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:

This eBook is for the use of anyone anywhere 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

1.E.2. If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges. If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.

1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder. Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.

1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.

1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form. However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form. Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that

- You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is
owed to the owner of the Project Gutenberg-tm trademark, but he
has agreed to donate royalties under this paragraph to the
Project Gutenberg Literary Archive Foundation. Royalty payments
must be paid within 60 days following each date on which you
prepare (or are legally required to prepare) your periodic tax
returns. Royalty payments should be clearly marked as such and
sent to the Project Gutenberg Literary Archive Foundation at the
address specified in Section 4, "Information about donations to
the Project Gutenberg Literary Archive Foundation."

- You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or
destroy all copies of the works possessed in a physical medium
and discontinue all use of and all access to other copies of
Project Gutenberg-tm works.

- You provide, in accordance with paragraph 1.F.3, a full refund of any
money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days
of receipt of the work.

- You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark. Contact the
Foundation as set forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection. Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3. 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 MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.

Section 2. Information about the Mission of Project Gutenberg-tm

Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers. It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.

Volunteers and financial support to provide volunteers with the
assistance they need, are critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.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. Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.

The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations. Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org. Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org

For additional contact information:
Dr. Gregory B. Newby
Chief Executive and Director
gbnewby@pglaf.org

Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation

Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.

The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org

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: http://pglaf.org/donate

Section 5. General Information About Project Gutenberg-tm electronic
works.

Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone. For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.

Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included. Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.

Most people start at our Web site which has the main PG search facility:

http://www.gutenberg.org

This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.