The Project Gutenberg eBook of Remarks on a passage from the river Balise in the bay of Honduras, to Merida
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: Remarks on a passage from the river Balise in the bay of Honduras, to Merida
the capital of the province of Jucatan, in the Spanish West Indies
Author: Lieutenant James Cook
Release date: September 5, 2024 [eBook #74378]
Language: English
Original publication: London: C. Parker, 1769
Credits: Richard Tonsing and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)
*** START OF THE PROJECT GUTENBERG EBOOK REMARKS ON A PASSAGE FROM THE RIVER BALISE IN THE BAY OF HONDURAS, TO MERIDA ***
REMARKS
ON A
PASSAGE
FROM
The River BALISE, in the BAY of HONDURAS, to MERIDA;
THE
Capital of the Province of JUCATAN, In the Spanish West Indies.
By Lieutenant COOK,
Ordered by Sir WILLIAM BURNABY,
Rear Admiral of the Red, in Jamaica;
With Dispatches to the Governor of the Province;
Relative to the
Logwood Cutters in the Bay of HONDURAS,
In February and March 1765.
LONDON:
Printed for C. PARKER, the Upper Part of New Bond
Street. MDCCLXIX.
[Illustration: [Fleuron]]
REMARKS, &c.
The first part of this passage from the road of Baleise to Baccalar, is
entirely by water; first coast-ways to the entrance of the Rio Hondo,
from thence through an arm of that river, that leads to three small
Lagoons, till you arrive at the lake of Baccalar, on whose banks the
town and castle of St. Philips is situated. The distance from Baleise to
the entrance of the Rio Hondo, is near thirty leagues, and in sailing
has much the appearance of a straight or broad river, from the number of
small island or quays, (as they are there called) that lay at about five
or six leagues distance from the main, and parallel with it; both the
islands and main are very flat, the former of which are for the most
part covered with the Mangrove and palmeta trees; ’tis rare to see a
beach, on either the main or the quays, for the Mangrove; the course up
is about the N.N.W. and in general very shoaly, so much so at many
places, that the _Flatts_ which (the baymen use to carry their logwood)
of about four or five feet draught of water often ground, and in some
particular places, raise the mud for a mile together. In short, the
navigation on this part of the coast, from Baleise to the Rio Hondo, is
as much a pilot’s water for those boats, as the Thames is for ships from
London to the Nore; the quays abound with Goannas, of which we shot
several, going ashore for that purpose, and many Allegators lurk in the
shoal water under the Mangrove bushes; we were accompanied by a master
of a merchant ship (a lieutenant in the navy) in his long boat, partly
out of compliment, and partly out of curiosity, to see the country and
Baccalar; myself going into the Rio Hondo, with one Maud, one of the
most considerable bay merchants, in one of his Flatts, which boats have
a tolerable good cabbin, and are schooner rigg’d. The entrance of the
Rio Hondo is narrow, not more than a hundred yards over, or a half
cables length, and is very deep, as from its name Hondo, signifying the
same in the Spanish. About a quarter of a mile from the river’s mouth,
and open to the sea, on the north shore, is a look out, which is
generally kept by a sergeant’s, but sometimes a corporal’s guard, which
is weekly relieved from the garrison at Baccalar, from which, thro’ the
woods, it is distant only about five Spanish leagues, and from hence
notice is given of whatever comes into the river to the commandant; this
is called the lower look out. I must not here omit observing, how much
it is the interest of the baymen (and which indeed they never fail to
avail themselves of) to be on good terms with the guards of these
outposts; this my friend the merchant did, by making the sergeant and
his guard very drunk, that he not only told him where they had
discovered a good spot of logwood, but am persuaded, had he discovered a
mine as rich as Potosi, he would have made no scruple of informing him
of it; the officer of these commands, which is generally a sergeant, is
besides this scene of jollitry, often complimented with a piece of
strip’d cotton, or some such light stuff, to make him a shirt, waistcoat
or trowsers, or perhaps a pair of European shoes for his wife. These
little presents the commandant of Baccalar is not totally insensible of,
and is often mean enough to be very jealous of, as it in a manner
affects him, who is both commander and clothier; this Mr. Maud told me
was one of the principal reasons of the late disturbances in the bay;
the commandant of Baccalar being offended at this generosity of the
English, hurting his priviledge so much, as to make him persuade the
late governor of the province, that it had never been customary for the
English to cut wood in the Rio Hondo, and in doing which they had gone
beyond the limits of the treaty of Paris.
Tho’ the baymen consider their right by that treaty, from Cape Catouch
to Cape Honduras; this was redressed by virtue of an order from the
court of Spain, in favour of the cutters, in consequence of a
remonstrance of our ministry in 1764, the duplicate of which order,
together with Sir William’s letter, I was encharged with.
In sailing from this to the next look out, you open a fine Lagoon on the
south side of the river, about a league and a half from the lower look
out; its called by the baymen the four mile Lagoon, but by the Spaniards
the Zaho Mal; its of an oval form, about half a league in its shortest
breadth, and pretty deep; in this Lagoon our companion, the master of
the merchantman, lost his long boat, oversetting in a squall, in turning
out of the Lagoon, to get into the river, where we had, to avoid the
insects, musquetoes, &c. anchored for the night; the river here abouts
is so narrow, as scarce to afford room for the boom of the mainsail to
gibe; they have a custom when they stop in the river on any occasion, to
bush the Flatt, as they term it, which is no more than to luff round and
drive her bowsprit and entangle it in the bush, which sides the Flatt,
the stream being very weak.
The upper look out is from the river’s mouth, about four Spanish
leagues, and is situated at the entrance of a small creek (almost hid by
the Mangroves) on the north shore of the river that opens to the passage
to Baccalar; the course up the river to this place is about N. S. W.
here also is a sergeant’s guard; it was at this place the commandant of
Baccalar came in his Parriagua, to carry me up, having advice from the
lower look out of my arrival in the river.—Here, on my coming on shore,
I was saluted with four patereroes, brought seemingly on purpose, the
guard in every respect like the lower lookout.—We were prevented the
pleasure of returning this salute, by the loss of our long boat, which
the master had equipped with swivels for the purpose, as we were
apprized of these compliments. This Creek is called the Cheeque, where,
after the ceremony of signing vouchers for the commandants having
admitted us into the river, &c. and a repast of chocolate, we all
imbark’d on board his Parriagua for Baccalar. The passage now becomes
very intricate, through a very narrow channel, and rapid stream, that
often throws the boat into the bushes. At the extremity of this narrow
rivulet is a corporal’s guard, open to the first of the three
beforementioned Lagoons; the passages between which are so very
difficult, that none but a well acquainted person could navigate one of
those kind of boats of five or six inches draught to Baccalar; but I
observed that the general course was about N.N.E. and the distance six
or seven leagues. We arrived at Baccalar after seven or eight hours
passage, about ten at night, during which nothing material happen’d,
unless our being disturb’d by an Allegator; which our boat in its
passage had awaked, as it lay on the water: our boat was frequently
trackt by hand, thro’ many of the channels, being very narrow and
shoaly.
Baccalar is a small, poor, straggling village, of ill-built huts, of
stakes of the Palmeta-tree drove in the ground, plaistered with earth,
and thatched with the leaves; in number not more than a hundred
Spaniards and Indians, of the former they are most of the soldiers
militia of the province. It has nothing to recommend it but its
situation, which is extreamly pleasant; being on the summit of a rising
ground; on the north side the lake is bounded by a pleasing prospect of
woods, at an agreeable distance on the opposite shore.
The fort or castle of St. Phillips is also situated on the summit of
this little hill, not more than a hundred yards from the shore of the
Lake, is in form of a square, with salient angles: it faces to the four
Cardinal Points; has four pieces of ordnance on each side, about twelve
pounders, and one from each angle to cover the ditch, which is dry, and
palisadoed, but no out-work: they have swivels mounted on the Marlons;
not being invited to see it, cannot be very particular in my description
of it: It is garrisoned by a company of foot, and some few militia of
the town, but so very undisciplined, and ill cloathed, they have scarce
the appearance of Falstaff’s company of soldiers.
From hence a traveller must furnish himself with every necessary for a
journey of three days, having a wilderness, as they call it, a wood of
about thirty-four Spanish leagues to the first Indian town, call’d
Chumhubut: it is also best to take your own liquor with you for the
whole journey, as there is not any to be had in this country except
Aquadent, which is very bad, scarce, and dear. As to the acquiring my
necessaries, provisions, mules, indians, &c. I had no trouble with that,
the commandant with whom I lived, during my residence in this town of
three days, took all that on himself, for which I had no other trouble
but to pay him.
Being equipped with every necessary, as mules, indians, interpreters,
and hammocks of that country, to be carried in case of wearying, or to
sleep in the night, you enter the wood, whose path in general is from
fifteen to twenty feet wide; often interrupted by the fall of large
trees; through which, however, a path is generally burnt by the first
traveller, to admit a horse to pass, and is in general as well screen’d
from the sun (by the meeting branches over head) as the Mall in St.
James’s Park. Here you see at every four or five leagues distance, a
shed like what our common smith’s, or farriers use to shoe their horses
in, and is what the natives call a Rings house: Being built by order of
the governor, for the convenience of travelling; as there is not, as in
Europe, houses of entertainment, or lodging, they answer the purpose
very well in this climate, where you have your own provisions, and
sleeping convenience with you; as they shelter from the sun and rain,
and are always built near the water, either a Lagoon or branch of one,
or what may be left from the rains. The woods consist chiefly of
mahogany, cedar gopal, (of which they make a kind of gum elemy) the
small and wild cotton, palmeta, and cocoa nuts, and many aloes, not much
incommoded with under brush: it is the swampy ground that abounds with
the logwood, which the Spaniards call Palo Tinto. In travelling thro’
the swamps it is very troublesome, the mules being knee deep, in the dry
season, in a stiff blueish mud, often times nearly sticking fast, and
the boughs of the logwood trees so low, as to oblige you to lay flat on
the mules shoulders, whilst the animal is all that time plunging in
endeavouring to extricate himself from the mire. Of game there is the
quarm and curasoe birds, nearly as big as turkeys, and very fine food.
Of beasts, wild deer and the warree[1], or musk hog. There are some wild
beasts, as tygers, and some others, whose names I don't remember, but
’tis rare they are troublesome; travellers make no account of them.
Parrots and Monkeys are also very numerous in the woods, as is common
with those climates.
Footnote 1:
The Warree is the Tajacu, or Musk Hog of Mexico; the Universal
Dictionary of Arts and Sciences gives an account of this animal; it is
very good food.
After passing the wilderness, the journey becomes more pleasant, always
dining and sleeping in an Indian town; and in rather better houses than
the former, they being staked closer, and plaistered with earth: these
are also built by the governor’s order, for the same purpose as those in
the woods. Here a chief of the Indians always resides, being obliged so
to do, to be ready to furnish travellers with every thing necessary they
may want; prepare their victuals; get them fresh mules and Indians, who
travel at the order of this chief, who is a kind of alderman in the
village; you pay only for the mules, and that very cheap. This Pazique,
or Chief, always assembles about half a dozen of natives of the town, of
both sexes. As soon as he discovers you coming into the town, by a
particular shout, they prepare your victuals, wash your feet with warm
water, and make every thing ready for your setting off again; the diet
is generally fowls, eggs, or young pork; chocolate and maize bread, all
very cheap.
From Chunhuhub to Merida is about fifty-seven Spanish leagues, and may
be said to be entirely thro’ the woods, tho’ not so thick and lofty as
the wilderness; and frequently as you approach the capital, opens to
plantations; the path very serpentine, scarce ever seeing two hundred
yards before you; the soil a reddish clay; very rocky; and the country
low, level, and badly water’d, not crossing one river in a journey of
ninety-one leagues from Baccalar to Merida. There is in every town a
public well sunk with much difficulty, thro’ a strata of hard rock, some
of these are very deep; the water is in general hard, tho’ not
unpalatable. The people are healthy, and, as they say, remarkable for
their longevity. From the wood to Merida you pass fourteen Indian towns;
in every one of which is a kind of church, or place of worship; tho’ one
priest often officiates for three of these villages; riding from one to
the other, having half way houses, or sheds, built for them by the poor
Indians to secure them from rain; they appear to be superlatively
ignorant, by what I could discover, thro’ the inconvenience of an
interpreter; of course can but ill impart with their small stock of
knowledge to their flock, who they keep in the most obscure ignorance,
and abject servility, shewing both by their adoration of such divines.
They, however, behaved very polite and civil towards me, always waiting
at the king’s house to receive me; even when I have come in late at
night, have invited me to come to sup with them, offer’d me lodging in
their houses, complimented me with then best mule to proceed on my
journey, and often a nosegay from the bosom of our virgin mother, not
without hinting for a little present to the church; and some English rum
for their poor congregation.
Merida is a handsome well built town, in form a square; the streets are
spacious, parallel to each other, and cross at right angles, but have
only the foot paths pav’d; it is built on a sandy soil; has a handsome
arch’d gate way at the end of every street, next the country, but no
gates hung: the houses are low built of stone, and white wash’d; the out
side of which, in this country, has bad effect on the eyes; it contains,
as I was told, about twenty-four churches, a good cathedral, a convent
of nuns, and a monastery of fryars, of the order of St. Francis; two or
three good squares; in the principal of which, and on the north side,
resides the governor; and has the cathedral and bishop’s palace on the
east; the grand council house on the west; and houses of the principal
inhabitants form the south side: there is but little appearance of
commerce, or any mechanic art; very few public shops, but all appearing
like people living on their own private fortune; and many are such; who
live on the acquired wealth of their ancestors; while the indolence of
many others prompts them to no industry or commerce; contented to live
on the small profits of a plantation, and that cultivated by the
Indians: but there is a small trade coast-ways to Campeachy, from the
port of Sifal (which is distant only twelve leagues) in bees’ wax,
leather, gopal, ebony, and logwood; but this a stranger cannot
immediately discover. The revenues of the province to the crown of Spain
are very considerable, arising mostly from the article of cotton, with
which the woods abound.
The citadel, or castle, stands on a level spot of ground (as the country
is in general); as you enter the town, from the eastward, it is of no
consequence, being originally built to protect the Friars from the
insolence of the natives: it at present incloses a monastery of the
Franciscans beforementioned; it is in form an hexagon, with salient
angles; with light pieces about four and six pounders mounted, some
brass, some iron. The wall about ten yards high, has no ditch, or
out-work. The governor’s nephew is the commandant, who shew’d it me;
’tis by no means in a condition to defend itself against any foreign
enemy that have artillery: a company of foot do duty here, and at the
governor’s house, but a troop of horse, which are part here, and the
rest at Campeachy, escort the governor when he goes out. I was credibly
inform’d, there was not five hundred troops in the whole province.
The dress of the Spaniards in this country is very light; the men wear a
light linen waistcoat and trowsers, and drawers; the better sort, a
sattin one (scarce ever wearing a coat) with a white linen cap, and a
broad brim straw hat. The women, of the lower class, a single petticoat
only, no stays, or any other cloathing above the waist, except their
shift; their bosoms no way concealed, but bare to the nipples of their
breast; indeed, when they go out on a visit, even those who keep their
calash, have no more than a silk scarf loosely flung over their
shoulders; this is crimson sattin, generally embroidered: they are for
the most part pretty: some of them of very fair complexions; they wear
their hair braided behind, and tied in two different bows, with pink
ribbons, and are very free and unreserved. I would be understood here,
with respect to the provincials only; the old Castilians (as they call
themselves) they being such as hold offices under the crown, or those
who come for the sake of trade; they dress as in Old Spain, and hold the
other inhabitants in very little esteem.
The Jucatan Indians are a most willing, obliging, meek temper’d people;
very laborious; of midling stature, and well featur’d: their hair strait
and black, but cut short, except a lock on each side their temple, which
they are constrained to wear as a badge of subjection to the Spanish
monarchy. Their dress is a kind of short frock, reaching to the waist,
and trowsers; a straw hat, and sandals: but when they travel, they
proceed quite naked, except a cloth to hide their privities. They are
very active and dexterous in the woods with their muschalls, an
instrument something between a knife and a cleaver, with which they
clear away the bush in the woods, dress their meat, and use it as an
instrument of offence on occasion.
The women are, in general, short and thick set, with agreeable
countenances; their hair black, which they generally wear club’d behind;
and those near Merida, with a pink ribband: they go bare leg’d, with a
short cotton petticoat, which they adorn about the bottom, with flowers
of various colours, in needlework: as also their frocks, in the same
manner, round the bosoms. These are always made of cotton, of their own
spinning and weaving: the frock reaches only to the upper part of the
petticoat, but this they throw off when employ’d on any domestick
business, going naked to the waist.
The police of each of these towns, is managed by the following officers,
whose titles I am better acquainted with than their office: they are
always of the best repute, and fair character; elderly men of the town,
and have great respect shewn them by the Indians: they stand in rank as
I here name them, the Cazique, Teniente, Alcaldi, and Fiscal; who reside
at what is called the king’s house, and adjust all civil causes: they
are distinguished by several badges; the Alcaldi wearing a square blue
cloth embroidered at the corners, hung to his left shoulder. The
Teniente, a wand, with a cross at the top of it. The Fiscal wears a key,
and a kind of cat with three tails, being by office both the
prison-keeper, and executor of punishment. These badges of his offices
he always wears to his waist, hung to a sash round his body. They have
in each of these houses, a serivan, or clerk, who minutes the arrival
and departure of expresses going to or from Merida, or from any of the
towns in the province.
Their towns are poor, mean huts, built with stakes of Palmeta, (which
they chuse for their straitness) and thatched, with the leaves to the
ground, resembling a large beehive. They have no upper room, no more
than the provincial Spaniards, and like them, sleep all in their grass
hammocks, as they are called, though they are made of the thready fibres
of the leaves from the aloe-tree, in the same manner as hemp is got from
the stalk; they just throw a cotton cloth over them; and when
travelling, if night overtakes them, they sleep in these hammocks, hung
between two trees; never neglecting however, to make a good wood fire
close to their hammocks. Their diet is very simple, being no more than a
maize cake, and a little pasoli to drink; a liquor made of the meal of
the maize, left in water till it ferments, and grows four: this
generally they sweeten with honey, of which they find great plenty in
the woods.
Their principal employment is the cultivation of the plantations; they
train their children to the practice of the bow and arrow; and with
which they kill their game, not being permitted to use fire arms.
FINIS.
------------------------------------------------------------------------
TRANSCRIBER’S NOTES
● Typos fixed; non-standard spelling and dialect retained.
● Used numbers for footnotes.
● Enclosed italics font in _underscores_.
*** END OF THE PROJECT GUTENBERG EBOOK REMARKS ON A PASSAGE FROM THE RIVER BALISE IN THE BAY OF HONDURAS, TO MERIDA ***
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.
