*/ text-align: justify; /* or left?? */ text-indent: 1em; /* first-line indent */ }/* suppress indentation on paragraphs following heads */h2 + p, h3 + p, h4 + p { text-indent: 0 }/* tighter spacing for list item paragraphs */dd, li { margin-top: 0.25em; margin-bottom: 0; line-height: 1.2em; /* a bit closer than p's */ }/* ************************************************************************ * Head 2 is for chapter heads. * ********************************************************************** */h2 { /* text-align:center; left-aligned by default. */ margin-top: 3em; /* extra space above.. */ margin-bottom: 2em; /* ..and below */ clear: both; /* don't let sidebars overlap */ }/* ************************************************************************ * Head 3 is for main-topic heads. * ********************************************************************** */h3 { /* text-align:center; left-aligned by default. */ margin-top: 2em; /* extra space above but not below */ font-weight: normal; /* override default of bold */ clear: both; /* don't let sidebars overlap */ }/* ************************************************************************ * Styling the default HR and some special-purpose ones. * Default rule centered and clear of floats; sized for thought-breaks * ********************************************************************** */hr { width: 45%; /* adjust to ape original work */ margin-top: 1em; /* space above & below */ margin-bottom: 1em; margin-left: auto; /* these two ensure a.. */ margin-right: auto; /* ..centered rule */ clear: both; /* don't let sidebars & floats overlap rule */ }/* ************************************************************************ * Images and captions * ********************************************************************** */img { /* the default inline image has */ border: 1px solid black; /* a thin black line border.. */ padding: 6px; /* ..spaced a bit out from the graphic */ }
The Project Gutenberg eBook ofRemarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839
This ebook is for the use of anyone anywhere in the United States andmost other parts of the world at no cost and with almost no restrictionswhatsoever. You may copy it, give it away or re-use it under the termsof the Project Gutenberg License included with this ebook or onlineatwww.gutenberg.org. If you are not located in the United States,you will have to check the laws of the country where you are locatedbefore using this eBook.
Title: Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839
Author: John C. Calhoun
Release date: December 1, 1996 [eBook #740] Most recently updated: January 1, 2021
Language: English
Credits: Produced by Anthony J. Adam
*** START OF THE PROJECT GUTENBERG EBOOK REMARKS OF MR. CALHOUN OF SOUTH CAROLINA ON THE BILL TO PREVENT THE INTERFERENCE OF CERTAIN FEDERAL OFFICERS IN ELECTIONS: DELIVERED IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 1839 ***
Produced by Anthony J. Adam
John C. Calhoun, "On Nullification and the Force Bill." U.S. Senate, 15 February 1833
Mr. President:
At the last session of Congress, it was avowed on all sides that thepublic debt, as to all practical purposes, was in fact paid, the smallsurplus remaining being nearly covered by the money in the Treasury andthe bonds for duties which had already accrued; but with the arrival ofthis event our last hope was doomed to be disappointed. After a longsession of many months, and the most earnest effort on the part ofSouth Carolina and the other Southern States to obtain relief, all thatcould be effected was a small reduction of such a character that, whileit diminished the amount of burden, it distributed that burden moreunequally than even the obnoxious Act of 1828; reversing the principleadopted by the Bill of 1816, of laying higher duties on the unprotectedthan the protected articles, by repealing almost entirely the dutieslaid upon the former, and imposing the burden almost entirely on thelatter. It was thus that, instead of relief—instead of an equaldistribution of burdens and benefits of the government, on the paymentof the debt, as had been fondly anticipated—the duties were soarranged as to be, in fact, bounties on one side and taxation on theother; thus placing the two great sections of the country in directconflict in reference to its fiscal action, and thereby letting in thatflood of political corruption which threatens to sweep away ourConstitution and our liberty.
This unequal and unjust arrangement was pronounced, both by theadministration, through its proper organ, the Secretary of theTreasury, and by the opposition, to be a *permanent* adjustment; and itwas thus that all hope of relief through the action of the generalgovernment terminated; and the crisis so long apprehended at lengtharrived, at which the State was compelled to choose between absoluteacquiescence in a ruinous system of oppression, or a resort to herreserved powers—powers of which she alone was the rightful judge, andwhich only, in this momentous juncture, could save her. She determinedon the latter.
The consent of two-thirds of her Legislature was necessary for the callof a convention, which was considered the only legitimate organ throughwhich the people, in their sovereignty, could speak. After an arduousstruggle the States-rights party succeeded; more than two-thirds ofboth branches of the Legislature favorable to a convention wereelected; a convention was called—the ordinance adopted. Theconvention was succeeded by a meeting of the Legislature, when the lawsto carry the ordinance into execution were enacted—all of which havebeen communicated by the President, have been referred to the Committeeon the Judiciary, and this bill is the result of their labor.
Having now corrected some of the prominent misrepresentations as to thenature of this controversy, and given a rapid sketch of the movement ofthe State in reference to it, I will next proceed to notice someobjections connected with the ordinance and the proceedings under it.
The first and most prominent of these is directed against what iscalled the test oath, which an effort has been made to render odious.So far from deserving the denunciation that has been levelled againstit, I view this provision of the ordinance as but the natural result ofthe doctrines entertained by the State, and the position which sheoccupies. The people of Carolina believe that the Union is a union ofStates, and not of individuals; that it was formed by the States, andthat the citizens of the several States were bound to it through theacts of their several States; that each State ratified the Constitutionfor itself, and that it was only by such ratification of a State thatany obligation was imposed upon its citizens. Thus believing, it isthe opinion of the people of Carolina that it belongs to the Statewhich has imposed the obligation to declare, in the last resort, theextent of this obligation, as far as her citizens are concerned; andthis upon the plain principles which exist in all analogous cases ofcompact between sovereign bodies. On this principle the people of theState, acting in their sovereign capacity in convention, precisely asthey did in the adoption of their own and the Federal Constitution,have declared, by the ordinance, that the acts of Congress whichimposed duties under the authority to lay imposts, were acts not forrevenue, as intended by the Constitution, but for protection, andtherefore null and void. The ordinance thus enacted by the people ofthe State themselves, acting as a sovereign community, is as obligatoryon the citizens of the State as any portion of the Constitution. Inprescribing, then, the oath to obey the ordinance, no more was donethan to prescribe an oath to obey the Constitution. It is, in fact,but a particular oath of allegiance, and in every respect similar tothat which is prescribed, under the Constitution of the United States,to be administered to all the officers of the State and Federalgovernments; and is no more deserving the harsh and bitter epithetswhich have been heaped upon it than that or any similar oath. It oughtto be borne in mind that, according to the opinion which prevails inCarolina, the right of resistance to the unconstitutional acts ofCongress belongs to the State, and not to her individual citizens; andthat, though the latter may, in a mere question of *meum* and *tuum,*resist through the courts an unconstitutional encroachment upon theirrights, yet the final stand against usurpation rests not with them, butwith the State of which they are members; and such act of resistance bya State binds the conscience and allegiance of the citizen. But thereappears to be a general misapprehension as to the extent to which theState has acted under this part of the ordinance. Instead of sweepingevery officer by a general proscription of the minority, as has beenrepresented in debate, as far as my knowledge extends, not a singleindividual has been removed. The State has, in fact, acted with thegreatest tenderness, all circumstances considered, toward citizens whodiffered from the majority; and, in that spirit, has directed the oathto be administered only in the case of some official act directed to beperformed in which obedience to the ordinance is involved….
It is next objected that the enforcing acts have legislated the UnitedStates out of South Carolina. I have already replied to this objectionon another occasion, and will now but repeat what I then said: thatthey have been legislated out only to the extent that they had no rightto enter. The Constitution has admitted the jurisdiction of the UnitedStates within the limits of the several States only so far as thedelegated powers authorize; beyond that they are intruders, and mayrightfully be expelled; and that they have been efficiently expelled bythe legislation of the State through her civil process, as has beenacknowledged on all sides in the debate, is only a confirmation of thetruth of the doctrine for which the majority in Carolina have contended.
The very point at issue between the two parties there is, whethernullification is a peaceful and an efficient remedy against anunconstitutional act of the general government, and may be asserted, assuch, through the State tribunals. Both parties agree that the actsagainst which it is directed are unconstitutional and oppressive. Thecontroversy is only as to the means by which our citizens may beprotected against the acknowledged encroachments on their rights. Thisbeing the point at issue between the parties, and the very object ofthe majority being an efficient protection of the citizens through theState tribunals, the measures adopted to enforce the ordinance, ofcourse, received the most decisive character. We were not children,to act by halves. Yet for acting thus efficiently the State isdenounced, and this bill reported, to overrule, by military force, thecivil tribunal and civil process of the State! Sir, I consider thisbill, and the arguments which have been urged on this floor in itssupport, as the most triumphant acknowledgment that nullification ispeaceful and efficient, and so deeply intrenched in the principles ofour system, that it cannot be assailed but by prostrating theConstitution, and substituting the supremacy of military force in lieuof the supremacy of the laws. In fact, the advocates of this billrefute their own argument. They tell us that the ordinance isunconstitutional; that it infracts the Constitution of South Carolina,although, to me, the objection appears absurd, as it was adopted by thevery authority which adopted the Constitution itself. They also tellus that the Supreme Court is the appointed arbiter of all controversiesbetween a State and the general government. Why, then, do they notleave this controversy to that tribunal? Why do they not confide tothem the abrogation of the ordinance, and the laws made in pursuance ofit, and the assertion of that supremacy which they claim for the lawsof Congress? The State stands pledged to resist no process of thecourt. Why, then, confer on the President the extensive and unlimitedpowers provided in this bill? Why authorize him to use military forceto arrest the civil process of the State? But one answer can be given:That, in a contest between the State and the general government, if theresistance be limited on both sides to the civil process, the State, byits inherent sovereignty, standing upon its reserved powers, will provetoo powerful in such a controversy, and must triumph over the Federalgovernment, sustained by its delegated and limited authority; and inthis answer we have an acknowledgment of the truth of those greatprinciples for which the State has so firmly and nobly contended….
Notwithstanding all that has been said, I may say that neither theSenator from Delaware (Mr. Clayton), nor any other who has spoken onthe same side, has directly and fairly met the great question at issue:Is this a Federal Union? a union of States, as distinct from that ofindividuals? Is the sovereignty in the several States, or in theAmerican people in the aggregate? The very language which we arecompelled to use when speaking of our political institutions affordsproof conclusive as to its real character. The terms union, federal,united, all imply a combination of sovereignties, a confederation ofStates. They never apply to an association of individuals. Who everheard of the United State of New York, of Massachusetts, or ofVirginia? Who ever heard the term federal or union applied to theaggregation of individuals into one community? Nor is the other pointless clear—that the sovereignty is in the several States, and that oursystem is a union of twenty-four sovereign powers, under aconstitutional compact, and not of a divided sovereignty between theStates severally and the United States? In spite of all that has beensaid, I maintain that sovereignty is in its nature indivisible. It isthe supreme power in a State, and we might just as well speak of half asquare, or half of a triangle, as of half a sovereignty. It is a grosserror to confound the *exercise* of sovereign powers with *sovereignty*itself, or the *delegation* of such powers with the *surrender* ofthem. A sovereign may delegate his powers to be exercised by as manyagents as he may think proper, under such conditions and with suchlimitations as he may impose; but to surrender any portion of hissovereignty to another is to annihilate the whole. The Senator fromDelaware (Mr. Clayton) calls this metaphysical reasoning, which he sayshe cannot comprehend. If by metaphysics he means that scholasticrefinement which makes distinctions without difference, no one can holdit in more utter contempt than I do; but if, on the contrary, he meansthe power of analysis and combination—that power which reduces themost complex idea into its elements, which traces causes to their firstprinciple, and, by the power of generalization and combination, unitesthe whole in one harmonious system—then, so far from deservingcontempt, it is the highest attribute of the human mind. It is thepower which raises man above the brute—which distinguishes hisfaculties from mere sagacity, which he holds in common with inferioranimals. It is this power which has raised the astronomer from being amere gazer at the stars to the high intellectual eminence of a Newtonor a Laplace, and astronomy itself from a mere observation of isolatedfacts into that noble science which displays to our admiration thesystem of the universe. And shall this high power of the mind, whichhas effected such wonders when directed to the laws which control thematerial world, be forever prohibited, under a senseless cry ofmetaphysics, from being applied to the high purposes of politicalscience and legislation? I hold them to be subject to laws as fixed asmatter itself, and to be as fit a subject for the application of thehighest intellectual power. Denunciation may, indeed, fall upon thephilosophical inquirer into these first principles, as it did uponGalileo and Bacon, when they first unfolded the great discoveries whichhave immortalized their names; but the time will come when truth willprevail in spite of prejudice and denunciation, and when politics andlegislation will be considered as much a science as astronomy andchemistry.
In connection with this part of the subject, I understood the Senatorfrom Virginia (Mr. Rives) to say that sovereignty was divided, and thata portion remained with the States severally, and that the residue wasvested in the Union. By Union, I suppose, the Senator meant the UnitedStates. If such be his meaning—if he intended to affirm that thesovereignty was in the twenty-four States, in whatever light he mayview them, our opinions will not disagree; but according to myconception, the whole sovereignty is in the several States, while theexercise of sovereign power is divided—a part being exercised undercompact, through this general government, and the residue through theseparate State governments. But if the Senator from Virginia (Mr.Rives) means to assert that the twenty-four States form but onecommunity, with a single sovereign power as to the objects of theUnion, it will be but the revival of the old question, of whether theUnion is a union between States, as distinct communities, or a mereaggregate of the American people, as a mass of individuals; and in thislight his opinions would lead directly to consolidation….
Disguise it as you may, the controversy is one between power andliberty; and I tell the gentlemen who are opposed to me, that, asstrong as may be the love of power on their side, the love of libertyis still stronger on ours. History furnishes many instances of similarstruggles, where the love of liberty has prevailed against power underevery disadvantage, and among them few more striking than that of ourown Revolution; where, as strong as was the parent country, and feebleas were the Colonies, yet, under the impulse of liberty, and theblessing of God, they gloriously triumphed in the contest. There are,indeed, many striking analogies between that and the presentcontroversy. They both originated substantially in the samecause—with this difference—in the present case, the power of taxationis converted into that of regulating industry; in the other the powerof regulating industry, by the regulation of commerce, was attempted tobe converted into the power of taxation. Were I to trace the analogyfurther, we should find that the perversion of the taxing power, in theone case, has given precisely the same control to the northern sectionover the industry of the southern section of the Union, which the powerto regulate commerce gave to Great Britain over the industry of theColonies in the other; and that the very articles in which the Colonieswere permitted to have a free trade, and those in which themother-country had a monopoly, are almost identically the same as thosein which the Southern States are permitted to have a free trade by theAct of 1832, and in which the Northern States have, by the same act,secured a monopoly. The only difference is in the means. In theformer, the Colonies were permitted to have a free trade with allcountries south of Cape Finisterre, a cape in the northern part ofSpain; while north of that, the trade of the Colonies was prohibited,except through the mother-country, by means of her commercialregulations. If we compare the products of the country north and southof Cape Finisterre, we shall find them almost identical with the listof last year. Nor does the analogy terminate here. The very argumentsresorted to at the commencement of the American Revolution, and themeasures adopted, and the motives assigned to bring on that contest (toenforce the law), are almost identically the same.
But to return from this digression to the consideration of the bill.Whatever difference of opinion may exist upon other points, there isone on which I should suppose there can be none; that this bill restsupon principles which, if carried out, will ride over Statesovereignties, and that it will be idle for any advocates hereafter totalk of State rights. The Senator from Virginia (Mr. Rives) says thathe is the advocate of State rights; but he must permit me to tell himthat, although he may differ in premises from the other gentlemen withwhom he acts on this occasion, yet, in supporting this bill, heobliterates every vestige of distinction between him and them, savingonly that, professing the principles of '98, his example will be morepernicious than that of the most open and bitter opponent of the rightsof the States. I will also add, what I am compelled to say, that Imust consider him (Mr. Rives) as less consistent than our oldopponents, whose conclusions were fairly drawn from their premises,while his premises ought to have led him to opposite conclusions. Thegentleman has told us that the new-fangled doctrines, as he chooses tocall them, have brought State rights into disrepute. I must tell him,in reply, that what he calls new-fangled are but the doctrines of '98;and that it is he (Mr. Rives), and others with him, who, professingthese doctrines, have degraded them by explaining away their meaningand efficacy.
He (Mr. R.) has disclaimed, in behalf of Virginia, the authorship ofnullification. I will not dispute that point. If Virginia chooses tothrow away one of her brightest ornaments, she must not hereaftercomplain that it has become the property of another. But while I have,as a representatives of Carolina, no right to complain of the disavowalof the Senator from Virginia, I must believe that he (Mr. R.) has donehis native State great injustice by declaring on this floor, that whenshe gravely resolved, in '98, that "in cases of deliberate anddangerous infractions of the Constitution, the States, as parties tothe compact, have the right, and are in duty bound, to interpose toarrest the progress of the evil, and to maintain within theirrespective limits the authorities, rights, and liberties appertainingto them," she meant no more than to proclaim the right to protest andto remonstrate. To suppose that, in putting forth so solemn adeclaration, which she afterward sustained by so able and elaborate anargument, she meant no more than to assert what no one had ever denied,would be to suppose that the State had been guilty of the mostegregious trifling that ever was exhibited on so solemn an occasion.
*** END OF THE PROJECT GUTENBERG EBOOK REMARKS OF MR. CALHOUN OF SOUTH CAROLINA ON THE BILL TO PREVENT THE INTERFERENCE OF CERTAIN FEDERAL OFFICERS IN ELECTIONS: DELIVERED IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 1839 ***
Updated editions will replace the previous one—the old editions willbe renamed.
Creating the works from print editions not protected by U.S. copyrightlaw means that no one owns a United States copyright in these works,so the Foundation (and you!) can copy and distribute it in the UnitedStates without permission and without paying copyrightroyalties. Special rules, set forth in the General Terms of Use partof this license, apply to copying and distributing ProjectGutenberg™ 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 followingthe terms of the trademark license, including paying royalties for useof the Project Gutenberg trademark. If you do not charge anything forcopies of this eBook, complying with the trademark license is veryeasy. You may use this eBook for nearly any purpose such as creationof derivative works, reports, performances and research. ProjectGutenberg eBooks may be modified and printed and given away—you maydo practically ANYTHING in the United States with eBooks not protectedby U.S. copyright law. Redistribution is subject to the trademarklicense, 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 freedistribution of electronic works, by using or distributing this work(or any other work associated in any way with the phrase “ProjectGutenberg”), you agree to comply with all the terms of the FullProject Gutenberg™ License available with this file or online atwww.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 toand accept all the terms of this license and intellectual property(trademark/copyright) agreement. If you do not agree to abide by allthe terms of this agreement, you must cease using and return ordestroy all copies of Project Gutenberg™ electronic works in yourpossession. If you paid a fee for obtaining a copy of or access to aProject Gutenberg™ electronic work and you do not agree to be boundby the terms of this agreement, you may obtain a refund from the personor 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 beused on or associated in any way with an electronic work by people whoagree to be bound by the terms of this agreement. There are a fewthings that you can do with most Project Gutenberg™ electronic workseven without complying with the full terms of this agreement. Seeparagraph 1.C below. There are a lot of things you can do with ProjectGutenberg™ electronic works if you follow the terms of thisagreement and help preserve free future access to Project Gutenberg™electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“theFoundation” or PGLAF), owns a compilation copyright in the collectionof Project Gutenberg™ electronic works. Nearly all the individualworks in the collection are in the public domain in the UnitedStates. If an individual work is unprotected by copyright law in theUnited States and you are located in the United States, we do notclaim a right to prevent you from copying, distributing, performing,displaying or creating derivative works based on the work as long asall references to Project Gutenberg are removed. Of course, we hopethat you will support the Project Gutenberg™ mission of promotingfree access to electronic works by freely sharing Project Gutenberg™works in compliance with the terms of this agreement for keeping theProject Gutenberg™ name associated with the work. You can easilycomply with the terms of this agreement by keeping this work in thesame format with its attached full Project Gutenberg™ License whenyou share it without charge with others.
1.D. The copyright laws of the place where you are located also governwhat you can do with this work. Copyright laws in most countries arein a constant state of change. If you are outside the United States,check the laws of your country in addition to the terms of thisagreement before downloading, copying, displaying, performing,distributing or creating derivative works based on this work or anyother Project Gutenberg™ work. The Foundation makes norepresentations concerning the copyright status of any work in anycountry 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 otherimmediate access to, the full Project Gutenberg™ License must appearprominently whenever any copy of a Project Gutenberg™ work (any workon which the phrase “Project Gutenberg” appears, or with which thephrase “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 atwww.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 isderived from texts not protected by U.S. copyright law (does notcontain a notice indicating that it is posted with permission of thecopyright holder), the work can be copied and distributed to anyone inthe United States without paying any fees or charges. If you areredistributing or providing access to a work with the phrase “ProjectGutenberg” associated with or appearing on the work, you must complyeither with the requirements of paragraphs 1.E.1 through 1.E.7 orobtain 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 postedwith the permission of the copyright holder, your use and distributionmust comply with both paragraphs 1.E.1 through 1.E.7 and anyadditional terms imposed by the copyright holder. Additional termswill be linked to the Project Gutenberg™ License for all worksposted with the permission of the copyright holder found at thebeginning 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 thiswork or any other work associated with Project Gutenberg™.
1.E.5. Do not copy, display, perform, distribute or redistribute thiselectronic work, or any part of this electronic work, withoutprominently displaying the sentence set forth in paragraph 1.E.1 withactive links or immediate access to the full terms of the ProjectGutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary,compressed, marked up, nonproprietary or proprietary form, includingany word processing or hypertext form. However, if you provide accessto or distribute copies of a Project Gutenberg™ work in a formatother than “Plain Vanilla ASCII” or other format used in the officialversion posted on the official Project Gutenberg™ website(www.gutenberg.org), you must, at no additional cost, fee or expenseto the user, provide a copy, a means of exporting a copy, or a meansof obtaining a copy upon request, of the work in its original “PlainVanilla ASCII” or other form. Any alternate format must include thefull 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™ worksunless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providingaccess to or distributing Project Gutenberg™ electronic worksprovided 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 ProjectGutenberg™ electronic work or group of works on different terms thanare set forth in this agreement, you must obtain permission in writingfrom the Project Gutenberg Literary Archive Foundation, the manager ofthe Project Gutenberg™ trademark. Contact the Foundation as setforth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerableeffort to identify, do copyright research on, transcribe and proofreadworks not protected by U.S. copyright law in creating the ProjectGutenberg™ collection. Despite these efforts, Project Gutenberg™electronic works, and the medium on which they may be stored, maycontain “Defects,” such as, but not limited to, incomplete, inaccurateor corrupt data, transcription errors, a copyright or otherintellectual property infringement, a defective or damaged disk orother medium, a computer virus, or computer codes that damage orcannot be read by your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Rightof Replacement or Refund” described in paragraph 1.F.3, the ProjectGutenberg Literary Archive Foundation, the owner of the ProjectGutenberg™ trademark, and any other party distributing a ProjectGutenberg™ electronic work under this agreement, disclaim allliability to you for damages, costs and expenses, including legalfees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICTLIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSEPROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THETRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BELIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE ORINCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCHDAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover adefect in this electronic work within 90 days of receiving it, you canreceive a refund of the money (if any) you paid for it by sending awritten explanation to the person you received the work from. If youreceived the work on a physical medium, you must return the mediumwith your written explanation. The person or entity that provided youwith the defective work may elect to provide a replacement copy inlieu of a refund. If you received the work electronically, the personor entity providing it to you may choose to give you a secondopportunity to receive the work electronically in lieu of a refund. Ifthe second copy is also defective, you may demand a refund in writingwithout further opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forthin paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NOOTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain impliedwarranties or the exclusion or limitation of certain types ofdamages. If any disclaimer or limitation set forth in this agreementviolates the law of the state applicable to this agreement, theagreement shall be interpreted to make the maximum disclaimer orlimitation permitted by the applicable state law. The invalidity orunenforceability of any provision of this agreement shall not void theremaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, thetrademark owner, any agent or employee of the Foundation, anyoneproviding copies of Project Gutenberg™ electronic works inaccordance with this agreement, and any volunteers associated with theproduction, 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 ofthe following which you do or cause to occur: (a) distribution of thisor any Project Gutenberg™ work, (b) alteration, modification, oradditions or deletions to any Project Gutenberg™ work, and (c) anyDefect you cause.
Section 2. Information about the Mission of Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution ofelectronic works in formats readable by the widest variety ofcomputers including obsolete, old, middle-aged and new computers. Itexists because of the efforts of hundreds of volunteers and donationsfrom people in all walks of life.
Volunteers and financial support to provide volunteers with theassistance they need are critical to reaching Project Gutenberg™’sgoals and ensuring that the Project Gutenberg™ collection willremain freely available for generations to come. In 2001, the ProjectGutenberg Literary Archive Foundation was created to provide a secureand permanent future for Project Gutenberg™ and futuregenerations. To learn more about the Project Gutenberg LiteraryArchive Foundation and how your efforts and donations can help, seeSections 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-profit501(c)(3) educational corporation organized under the laws of thestate of Mississippi and granted tax exempt status by the InternalRevenue Service. The Foundation’s EIN or federal tax identificationnumber is 64-6221541. Contributions to the Project Gutenberg LiteraryArchive Foundation are tax deductible to the full extent permitted byU.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 upto date contact information can be found at the Foundation’s websiteand official page at www.gutenberg.org/contact
Section 4. Information about Donations to the Project GutenbergLiterary Archive Foundation
Project Gutenberg™ depends upon and cannot survive without widespreadpublic support and donations to carry out its mission ofincreasing the number of public domain and licensed works that can befreely distributed in machine-readable form accessible by the widestarray of equipment including outdated equipment. Many small donations($1 to $5,000) are particularly important to maintaining tax exemptstatus with the IRS.
The Foundation is committed to complying with the laws regulatingcharities and charitable donations in all 50 states of the UnitedStates. Compliance requirements are not uniform and it takes aconsiderable effort, much paperwork and many fees to meet and keep upwith these requirements. We do not solicit donations in locationswhere we have not received written confirmation of compliance. To SENDDONATIONS or determine the status of compliance for any particular statevisitwww.gutenberg.org/donate.
While we cannot and do not solicit contributions from states where wehave not met the solicitation requirements, we know of no prohibitionagainst accepting unsolicited donations from donors in such states whoapproach us with offers to donate.
International donations are gratefully accepted, but we cannot makeany statements concerning tax treatment of donations received fromoutside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg web pages for current donationmethods and addresses. Donations are accepted in a number of otherways including checks, online payments and credit card donations. Todonate, please visit: www.gutenberg.org/donate.
Section 5. General Information About Project Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the ProjectGutenberg™ concept of a library of electronic works that could befreely shared with anyone. For forty years, he produced anddistributed Project Gutenberg™ eBooks with only a loose network ofvolunteer support.
Project Gutenberg™ eBooks are often created from several printededitions, all of which are confirmed as not protected by copyright inthe U.S. unless a copyright notice is included. Thus, we do notnecessarily keep eBooks in compliance with any particular paperedition.
Most people start at our website which has the main PG searchfacility:www.gutenberg.org.
This website includes information about Project Gutenberg™,including how to make donations to the Project Gutenberg LiteraryArchive Foundation, how to help produce our new eBooks, and how tosubscribe to our email newsletter to hear about new eBooks.