APPENDIX A

DE QUINCEY

A short time after the publication of my essay on De Quincey I learnt, to my great concern, that it had given offence to his daughter Florence, the widow of one of the heroes of the Indian Mutiny, Colonel Baird Smith. Mrs. Baird Smith complained, in a letter to the newspapers, that I had accused her father of untruthfulness, and requested the public to suspend their judgment until the publication of certain new documents, in the form of letters, which had been discovered. I might have replied, if my intent had been hostile, that little fault could be justly found with a critic of the existing evidence if new evidence were required to confute him. But as the very last intention that I had in writing the paper was to impute anything that can be properly called untruthfulness to De Quincey, I thought it better to say so and to wait for the further documents. In a subsequent private correspondence with Mrs. Baird Smith, I found that what had offended her (her complaints being at first quite general) was certain remarks on De Quincey's aristocratic acquaintances as appearing in the Autobiography and "not heard of afterwards," certain comments on the Malay incident and others like it, some on the mystery of her father's money affairs, and the passage on his general "impenetrability." The matter is an instance of the difficulty of dealing with recent reputations, when the commentator gives his name. Some really unkind things have been said of De Quincey; my intention was not to say anything unkind at all, but simply to give an account of the thing "as it strikes" if not "a contemporary" yet a well-willing junior. Take for instance the Malay incident. We know from De Quincey himself that, within a few years, the truth of this famous story was questioned, and that he was accused of having borrowed it from something of Hogg's. He disclaimed this, no doubt truly. He protested that it was a faithfully recorded incident: but though the events were then fresh, he did not produce a single witness to prove that any Malay had been near Grasmere at the time. And so elsewhere. As I have remarked about Borrow, there are some people who have a knack of recounting truth so that it looks as if it never had been true. I have been informed by Mr. James Runciman that he himself once made considerable inquiries on the track of Lavengro, and found that that remarkable book is, to some extent at any rate, apparently historic. On the other hand I have been told by another Borrovian who knew Borrow (which I never did) that the Life of Joseph Sell never existed. In such cases a critic can only go on internal evidence, and I am sure that the vast majority of critics would decide against most of De Quincey's stories on that. I do not suppose that he ever, like Lamb, deliberately begat "lie-children": but opium-eating is not absolutely repugnant to delusion, and literary mystification was not so much the exception as the rule in his earlier time. As to his "impenetrability," I can only throw myself on the readers of such memoirs and reminiscences as have been published respecting him. The almost unanimous verdict of his acquaintances and critics has been that he was in a way mysterious, and though no doubt this mystery did not extend to his children, it seems to have extended to almost every one else. I gather from Mrs. Baird Smith's own remarks that from first to last all who were concerned with him treated him as a person unfit to be trusted with money, and while his habit of solitary lodging is doubtless capable of a certain amount of explanation, it cannot be described as other than curious. I had never intended to throw doubt on his actual acquaintance with Lord Westport or Lady Carbery. These persons or their representatives were alive when the Autobiography was published, and would no doubt have protested if De Quincey had not spoken truly. But I must still hold that their total disappearance from his subsequent life is peculiar. Some other points, such as his mentioning Wilson as his "only intimate male friend" are textually cited from himself, and if I seem to have spoken harshly of his early treatment by his family I may surely shelter myself behind the touching incident, recorded in the biographies, of his crying on his deathbed, "My dear mother! then I was greatly mistaken." If this does not prove that he himself had entertained on the subject ideas which, whether false or true, were unfavourable, then it is purely meaningless.

In conclusion, I have only to repeat my regret that I should, by a perhaps thoughtless forgetfulness of the feelings of survivors, have hurt those feelings. But I think I am entitled to say that the view of De Quincey's character and cast of thought given in the text, while imputing nothing discreditable in intention, is founded on the whole published work and all the biographical evidence then accessible to me, and will not be materially altered by anything since published or likely to be so in future. The world, though often not quite right, is never quite wrong about a man, and it would be almost impossible that it should be wrong in face of such autobiographic details as are furnished, not merely by the Autobiography itself, but by a mass of notes spread over seven years in composition and full of personal idiosyncrasy. I not only acquit De Quincey of all serious moral delinquency,--I declare distinctly that no imputation of it was ever intended. It is quite possible that some of his biographers and of those who knew him may have exaggerated his peculiarities, less possible I think that those peculiarities should not have existed. But the matter, except for my own regret at having offended De Quincey's daughter, will have been a happy one if it results in a systematic publication of his letters, which, from the specimens already printed, must be very characteristic and very interesting. In almost all cases a considerable collection of letters is the most effective, and especially the most truth-telling, of all possible "lives." No letters indeed are likely to increase the literary repute of the author of the Confessions and of the Cæsars; but they may very well clear up and fill in the hitherto rather fragmentary and conjectural notion of his character, and they may, on the other hand, confirm that idea of both which, however false it may seem to his children, and others who were united to him by ties of affection, has commended itself to careful students of his published works.

APPENDIX B

LOCKHART

The most singular instance of the floating dislike to Lockhart's memory, to which I have more than once referred in the text, occurred subsequently to the original publication of my essay, and not very long ago, when my friend Mr. Louis Stevenson thought proper to call Lockhart a "cad." This extraordinary obiter dictum provoked, as might have been expected, not a few protests, but I do not remember that Mr. Stevenson rejoined, and I have not myself had any opportunity of learning from him what he meant. I can only suppose that the ebullition must have been prompted by one of two things, the old scandal about the duel in which John Scott the editor of the London was shot, and a newer one, which was first bruited abroad, I think, in Mr. Sidney Colvin's book on Keats. Both of these, and especially the first, may be worth a little discussion.

I do not think that any one who examines Mr. Colvin's allegation, will think it very damaging. It comes to this, that Keats's friend Bailey met Lockhart in the house of Bishop Greig at Stirling, told him some particulars about Keats, extracted from him a promise that he would not use them against the poet, and afterwards thought he recognised some of the details in the Blackwood attack which ranks next to the famous Quarterly article. Here it is to be observed, first, that there is no sufficient evidence that Lockhart wrote this Blackwood article; secondly, that it is by no means certain that if he did, he was making, or considered himself to be making, any improper use of what he had heard; thirdly, that for the actual interview and its tenor we have only a vague ex parte statement made long after date.

The other matter is much more important, and as the duel itself has been mentioned more than once or twice in the foregoing pages, and as it is to this day being frequently referred to in what seems to me an entirely erroneous manner, with occasional implications that Lockhart showed the white feather, it may be well to give a sketch of what actually happened, as far as can be made out from the most trustworthy accounts, published and unpublished.

One of Lockhart's signatures in Blackwood--a signature which, however, like others, was not, I believe, peculiar to him--was "Zeta," and this Zeta assailed the Cockney school in a sufficiently scorpion-like manner. Thereupon Scott's magazine, the London, retorted, attacking Lockhart by name. On this Lockhart set out for London and, with a certain young Scotch barrister named Christie as his second, challenged Scott. But Scott refused to fight, unless Lockhart would deny that he was editor of Blackwood. Lockhart declared that Scott had no right to ask this, and stigmatised him as a coward. He then published a statement, sending at the same time a copy to Scott. In the published form the denial of editorship was made, in the one sent to Scott it was omitted. Thereupon Scott called Lockhart a liar. Of this Lockhart took no notice, but Christie his second did, and, an altercation taking place between them, Scott challenged Christie and they went out, Scott's second being Mr. P. G. Patmore, Christie's Mr. Traill, afterwards well known as a London police magistrate. Christie fired in the air, Scott fired at Christie and missed. Thereupon Mr. Patmore demanded a second shot, which, I am informed, could and should, by all laws of the duello, have been refused. Both principal and second on the other side were, however, inexperienced and probably unwilling to baulk their adversaries. Shots were again exchanged, Christie this time (as he can hardly be blamed for doing) taking aim at his adversary and wounding him mortally. Patmore fled the country, Christie and Traill took their trial and were acquitted.

I have elsewhere remarked that this deplorable result is said to have been brought on by errors of judgment on the part of more than one person. Hazlitt, himself no duellist and even accused of personal timidity, is said to have egged on Scott, and to have stung him by some remark of his bitter tongue into challenging Christie, and there is no doubt that Patmore's conduct was most reprehensible. But we are here concerned with Lockhart, not with them. As far as I understand the imputations made on him, he is charged either with want of straightforwardness in omitting part of his explanation in the copy sent to Scott, or with cowardice in taking no notice of Scott's subsequent lie direct, or with both. Let us examine this.

At first sight the incident of what, from the most notorious action of Lord Clive, we may call the "red and white treaties" seems odd. But it is to be observed, first, that Lockhart could not be said to conceal from Scott what he published to all the world; secondly, that his conduct was perfectly consistent throughout. He had challenged Scott, who had declined to go out. Having offered his adversary satisfaction, he was not bound to let him take it with a proviso, or to satisfy his private inquisitiveness. But if not under menace, but considering Scott after his refusal as unworthy the notice of a gentleman, and not further to be taken into account, he chose to inform the public of the truth, he had a perfect right to do so. And it is hardly necessary to say that it was the truth that he was not editor of Blackwood.

This consideration will also account for his conduct in not renewing his challenge after Scott's offensive words. He had offered the man satisfaction and had been refused. No one is bound to go on challenging a reluctant adversary. At all times Lockhart seems to have been perfectly ready to back his opinion, as may be seen from a long affair which had happened earlier, in connection with the "Baron Lauerwinkel" matter. There he had promptly come forward and in his own name challenged the anonymous author of a pamphlet bearing the title of "Hypocrisy Unveiled." The anonym had, like Scott, shirked, and had maintained his anonymity. (Lord Cockburn says it was an open secret, but I do not know who he was.) Thereupon Lockhart took no further notice, just as he did in the later matter, and I do not believe that a court of honour in any country would find fault with him. At any rate, I think that we are entitled to know, much more definitely than I have ever seen it stated, what the charge against him is. We may indeed blame him in both these matters, and perhaps in others, for neglecting the sound rule that anonymous writing should never be personal. If he did this, however, he is in the same box with almost every writer for the press in his own generation, and with too many in this. I maintain that in each case he promptly gave the guarantee which the honour of his time required, and which is perhaps the only possible guarantee, that of being ready to answer in person for what he had written impersonally. This was all he could do, and he did it.

INDEX

Allen, Thomas, 113

Arnold, Matthew, 116, 257, 378

Austen, Jane, 29

Blackwood's Magazine, 37 sqq., 276 sqq., 343 sqq.

Borrow, George, 403-439; his life, 403, 404; his excessive oddity, 404-411; his satiric and character-drawing faculty, 414-417; sketches of his books, 417-433; his general literary character, 433-439

Brougham, Lord, 107, 109

Burke, Edmund, 10 sqq.

Burns, Robert, 34, 48, 53, 159, 160, 353

Byron, Lord, 3, 131, 132, 393

Canning, George, 75, 97, 200, 385

Carlyle, Thomas, 47, 270-272, 323, 369, 370

Coleridge, S. T., 141

Colvin, Mr. Sidney, 445

Courthope, Mr. W. J., 4

Crabbe, George, 1-32; the decline of his popularity, 1-5; sketch of his life, 6-12; his works and their characteristics, 13-20; their prosaic element, 20-25; was he a poet?, 25-32

Cunningham, Allan, 46, 53

Dante, 26, 218, 230, 231

Douglas, Scott, 41, 353

Dryden, John, 22, 30, 85, 232

Fitzgerald, Edward (translator of Omar Khayyám), 4

Flaubert, Gustave, 19

Fraser's Magazine, 359, 360

Gifford, William, 3, 21, 152

Hannay, Mr. David, 350

Hazlitt, William, 135-169; differing estimates of him, 135-140; his life, 140-146; his works, 146-169 ----xxi, xxii, 4, 24, 25, 130, 131, 217

Hogg, James, 33-66; his special interest, 33, 34; his life, 34-37; anecdotes and estimates of him, 37-47; his poems, 47-54; his general prose, 54, 55; The Confessions of a Sinner, 55-64

Hood and Praed, 397-399

Hook, Theodore, 357-359

Howells, Mr. W. D., xvii

Hunt, Leigh, 201-233; scattered condition of his work, 201-203; his life, 204-213; the "Skimpole" matter, 213-216; his vulgarity, 217-219; his poems, 219-223; his critical and miscellaneous work, 223-233

Jeffrey, Francis, 100-134; a critic pure and simple, 100, 101; his life, 101-114; the foundation of the Edinburgh Review, 106-109; his criticism, 115, 134 ----3, 4, 21, 24, 29

Johnson, Samuel, 2, 11, 14, 16

Joubert, Joseph, 26

Lang, Mr. Andrew, xxii

Lockhart, John Gibson, 339-373, and Appendix B; his literary fate, 339-341; his life, 341-346, 359-361; The Chaldee MS. and Peter's Letters, 343-345; the novels, 346-349; the poems, 349-351; Life of Burns, 353; Life of Scott, 354-356; Life of Hook, 357-359; his editorship of the Quarterly and his criticism generally, 361-373; charges against him, 445-448 ----3, 6, 13, 33, 37, 39-44, 60, 63, 64, 108, 112, 113, 293, 294

Macaulay, Lord, 294, 384

Maguire, W., 279, 360 [Transcriber's Note: The alternative form of Maguire, Maginn, is used in the main body of the text.]

Masson, Professor, 305 sqq.

Moore, Thomas, 170-200; a French critic on him, 170-172; his miscellaneous work, 172-174; his life, 174-183; his character, 183-185; survey of his poetry, 185-200 ----6, 27, 110.

Morley, Mr. John, 27

Newman, Cardinal, 4

North, Christopher. See Wilson, John

Peacock, Thomas Love, 234-269; his literary position, 234, 235; his life, 236-239; some difficulties in him, 239-242; survey of his work, 242-259; its special characteristics, 257-269

Pope, Alexander, 22, 25

Praed, W. M., 374-402; editions of him, 374-376; his life, 376-381; his early writings, 381-384; his poetical work, 385-398; Hood and Praed, 397-399; his special charm, 399-402

Quincey, Thomas de, 304-338, and Appendix A; editions of him, 304-309; his life, 309-314; his faculty of rigmarole, 314-321; defects and merits of his work, 321-338 ----47, 282

Rogers, Samuel, 12 note

Scott, John, his duel and death, 143, 144; Appendix B

Scott, Sir Walter, 34-36, 49, 54, 63, 111, 151, 265, 273, 354-359, 406, 407

Shelley, P. B., 190, 191, 210, 247-250

Smith, Bobus, 69

Smith, Mr. Goldwin, xi, xiv

Smith, Sydney, 67-99; the beneficence of his biographers, 67-69; his life, 69-80; his letters, 81-84; his published work, 84-99

Staël, Madame de, 126, 127

Stephen, Mr. Leslie, 4

Stevenson, Mr. R. L., 445

Sully, Mr. James, xxvii note

Swift, Jonathan, Jeffrey on, 128, 129

Tennyson, Lord, 4, 29, 292, 293, 365, 366

Thackeray, W. M., on Hazlitt, 135, 136

Thomson, James, 27

Thurlow, Lord, 10-12

Vallat, M. Jules, 171 sqq.

Veitch, Professor, 38, 40, 46

Voltaire, 81

Walker, Sarah, 139 sqq.

Wilson, John, 270-303; Carlyle's judgment of him and another, 270-274; his life, 274-277; the Noctes, 278-288; his miscellaneous work, 288-303

Wilson, John, 3, 4, 29, 44-47. See also Essays on De Quincey and Lockhart

Wordsworth, William, 3, 27, 117, 323

Young, Sir George, 375

"Zeta," 446

THE END

Printed by R. & R. CLARK, Edinburgh.

End of the Project Gutenberg EBook of Essays in English Literature, 1780-1860, by George Saintsbury

*** END OF THIS PROJECT GUTENBERG EBOOK ESSAYS IN ENGLISH LIT., 1780-1860 ***

***** This file should be named 30455-8.txt or 30455-8.zip ***** This and all associated files of various formats will be found in: http://www.gutenberg.org/3/0/4/5/30455/

Produced by Susan Skinner, Jonathan Ingram and the Online Distributed Proofreading Team at http://www.pgdp.net

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.net/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.net

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.net), 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 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.net

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.

Essays in English Literature, 1780-1860, by

A free ebook from http://manybooks.net/