diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:26:53 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:26:53 -0700 |
| commit | a7fbc3f5ecb4569f7c602bcc9b186df145812d62 (patch) | |
| tree | 97bc39fc25a2d6e28cc60dff645e27376f633ff5 /6085-h/6085-h.htm | |
Diffstat (limited to '6085-h/6085-h.htm')
| -rw-r--r-- | 6085-h/6085-h.htm | 1451 |
1 files changed, 1451 insertions, 0 deletions
diff --git a/6085-h/6085-h.htm b/6085-h/6085-h.htm new file mode 100644 index 0000000..9efdae6 --- /dev/null +++ b/6085-h/6085-h.htm @@ -0,0 +1,1451 @@ +<?xml version="1.0" encoding="us-ascii"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + The Code of Honor;, by John Lyde Wilson + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd0; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of The Code of Honor, by John Lyde Wilson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Code of Honor + +Author: John Lyde Wilson + +Release Date: March 25, 2009 [EBook #6085] +Last Updated: February 7, 2013 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE CODE OF HONOR *** + + + + +Produced by Holly Ingraham, and David Widger + + + + + + +</pre> + <p> + <br /><br /> + </p> + <h1> + THE CODE OF HONOR; + </h1> + <h3> + or + </h3> + <h2> + RULES FOR THE GOVERNMENT + </h2> + <h4> + of + </h4> + <h2> + PRINCIPALS AND SECONDS + </h2> + <h3> + in + </h3> + <h1> + DUELLING + </h1> + <p> + <br /><br /> + </p> + <h2> + by John Lyde Wilson + </h2> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <h2> + Contents + </h2> + <h4> + <a href="#link2H_4_0002"> TO THE PUBLIC </a><br /><br /> <a + href="#link2H_4_0003"> <b>RULES FOR PRINCIPALS AND SECONDS IN DUELLING.</b> + </a><br /> + </h4> + <table summary="" style="margin-right: auto; margin-left: auto"> + <tr> + <td> + <a href="#link2HCH0001"> CHAPTER I. </a> + </td> + <td> + The Person Insulted, Before Challenge Sent + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0002"> CHAPTER II. </a> + </td> + <td> + The Party Receiving a Note Before Challenge + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0003"> CHAPTER III. </a> + </td> + <td> + Duty of Challenger and His Second Before Fighting + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0004"> CHAPTER IV. </a> + </td> + <td> + Duty of Challengee and Second After Challenge Sent + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0005"> CHAPTER V. </a> + </td> + <td> + Duty of Principals and Seconds on the Ground + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0006"> CHAPTER VI. </a> + </td> + <td> + Who Should Be on the Ground + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0007"> CHAPTER VII. </a> + </td> + <td> + Arms, and Manner of Loading and Presenting Them + </td> + </tr> + <tr> + <td> + <a href="#link2HCH0008"> CHAPTER VIII. </a> + </td> + <td> + The Degrees of Insult, and How Compromised + </td> + </tr> + <tr> + <td> + </td> + </tr> + </table> + <p> + <a href="#link2H_APPE"> APPENDIX. </a><br /><br /> <a href="#link2H_4_0013"> + ADDITIONAL GALWAY ARTICLES </a><br /><br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_SUMM" id="link2H_SUMM"> + <!-- H2 anchor --> </a> + </p> + <h2> + Summary: + </h2> + <p> + Originally this was published by the author (1784-1849), a former governor + of South Carolina, as a 22-page booklet, in 1838. Before his death he + added an appendix of the 1777 Irish duelling code, but this second edition + was not printed until 1858, as a 46-page small book, still sized to fit in + the case with one's duelling pistols. This code is far less blood-thirsty + than many might suppose, but built on a closed social caste and standards + of behavior quite alien to today. + </p> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <div class="mynote"> + <p> + <b>Transcriber's Note</b>: In the appendix the term "rencontre" is used. + In British law (then covering Ireland) this refers to an immediate fight + in the heat of offense. A duel would be undertaken in "cold blood" if + not cool temper. Killing a man in a rencontre counted as manslaughter; + in a duel, as murder. + </p> + <p> + On more than one occasion, the author refers to "posting" an offender. + This refers to posting to the public a notice as to his behavior in some + central club or business spot frequented by all men of that level of + society; exactly where varied from town to town. It was the ultimate + sanction, making the challengee's refusal to either apologize or fight a + public stain upon his character. + </p> + <br /> + </div> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + TO THE PUBLIC + </h2> + <p> + The man who adds in any way to the sum of human happiness is strictly in + the discharge of a moral duty. When Howard visited the victims of crime + and licentiousness, to reform their habits and ameliorate their condition, + the question was never asked whether he had been guilty of like excesses + or not? The only question the philanthropist would propound, should be, + has the deed been done in the true spirit of Christian benevolence? Those + who know me, can well attest the motive which has caused the publication + of the following sheets, to which they for a long time urged me in vain. + Those who do not know me, have no right to impute a wrong motive; and if + they do, I had rather be the object, than the authors of condemnation. To + publish a CODE OF HONOR, to govern in cases of individual combat, might + seem to imply, that the publisher was an advocate of duelling, and wished + to introduce it as the proper mode of deciding all personal difficulties + and misunderstandings. Such implication would do me great injustice. But + if the question be directly put to me, whether there are not cases where + duels are right and proper, I would unhesitatingly answer, there are. If + an oppressed nation has a right to appeal to arms in defence of its + liberty and the happiness of its people, there can be no argument used in + support of such appeal, which will not apply with equal force to + individuals. How many cases are there, that might be enumerated, where + there is no tribunal to do justice to an oppressed and deeply wronged + individual? If he be subjected to a tame submission to insult and + disgrace, where no power can shield him from its effects, then indeed it + would seem, that the first law of nature, self-preservation, points out + the only remedy for his wrongs. The history of all animated nature + exhibits a determined resistance to encroachments upon natural rights,—nay, + I might add, inanimate nature, for it also exhibits a continual warfare + for supremacy. Plants of the same kind, as well as trees, do not stop + their vigorous growth because they overshadow their kind; but, on the + contrary, flourish with greater vigor as the more weak and delicate + decline and die. Those of different species are at perpetual warfare. The + sweetest rose tree will sicken and waste on the near approach of the + noxious bramble, and the most promising fields of wheat yield a miserable + harvest if choked up with tares and thistles. The elements themselves war + together, and the angels of heaven have met in fierce encounter. The + principle of self-preservation is co-extensive with creation; and when by + education we make character and moral worth a part of ourselves, we guard + these possessions with more watchful zeal than life itself, and would go + farther for their protection. When one finds himself avoided in society, + his friends shunning his approach, his substance wasting, his wife and + children in want around him, and traces all his misfortunes and misery to + the slanderous tongue of the calumniator, who, by secret whisper or artful + innuendo, has sapped and undermined his reputation, he must be more or + less than man to submit in silence. + </p> + <p> + The indiscriminate and frequent appeal to arms, to settle trivial disputes + and misunderstandings, cannot be too severely censured and deprecated. I + am no advocate of such duelling. But in cases where the laws of the + country give no redress for injuries received, where public opinion not + only authorizes, but enjoins resistance, it is needless and a waste of + time to denounce the practice. It will be persisted in as long as a manly + independence, and a lofty personal pride in all that dignifies and + ennobles the human character, shall continue to exist. If a man be smote + on one cheek in public, and he turns the other, which is also smitten, and + he offers no resistance, but blesses him that so despitefully used him, I + am aware that he is in the exercise of great Christian forbearance, highly + recommended and enjoined by many very good men, but utterly repugnant to + those feelings which nature and education have implanted in the human + character. If it was possible to enact laws so severe and impossible to be + evaded, as to enforce such rule of behavior, all that is honorable in the + community would quit the country and inhabit the wilderness with the + Indians. If such a course of conduct was infused by education into the + minds of our youth, and it became praiseworthy and honorable to a man to + submit to insult and indignity, then indeed the forbearance might be borne + without disgrace. Those, therefore, who condemn all who do not denounce + duelling in every case, should establish schools where a passive + submission to force would be the exercise of a commendable virtue. I have + not the least doubt, that if I had been educated in such a school, and + lived in such a society, I would have proved a very good member of it. But + I much doubt, if a seminary of learning was established, where this + Christian forbearance was inculcated and enforced, whether there would be + many scholars. + </p> + <p> + I would not wish to be understood to say, that I do not desire to see + duelling to cease to exist entirely, in society. But my plan for doing it + away, is essentially different from the one which teaches a passive + forbearance to insult and indignity. I would inculcate in the rising + generation a spirit of lofty independence; I would have them taught that + nothing was more derogatory to the honor of a gentleman, than to wound the + feelings of any one, however humble. That if wrong be done to another, it + was more an act of heroism and bravery to repair the injury, than to + persist in error, and enter into mortal combat with the injured party. + This would be an aggravation of that which was already odious, and would + put him without the pale of all decent society and honorable men. I would + strongly inculcate the propriety of being tender of the feelings, as well + as the failings, of those around him. I would teach immutable integrity, + and uniform urbanity of manners. Scrupulously to guard individual honor, + by a high personal self respect, and the practice of every commendable + virtue. Once let such a system of education be universal, and we should + seldom hear, if ever, of any more duelling. + </p> + <p> + The severest penal enactments cannot restrain the practice of duelling, + and their extreme severity in this State, the more effectually shields the + offenders. The teaching and preaching of our eloquent Clergy, may do some + service, but is wholly inadequate to suppress it. Under these + circumstances, the following rules are given to the public, and if I can + save the life of one useful member of society, I will be compensated. I + have restored to the bosoms of many, their sons, by my timely + interference, who are ignorant of the misery I have averted from them. I + believe that nine duels out of ten, if not ninety-nine out of a hundred, + originate in the want of experience in the seconds. A book of authority, + to which they can refer in matters where they are uninformed, will + therefore be a desideratum. How far this code will be that book, the + public will decide. + </p> + <p> + THE AUTHOR <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_4_0003" id="link2H_4_0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h1> + RULES FOR PRINCIPALS AND SECONDS <br /> IN DUELLING. + </h1> + <p> + <a name="link2HCH0001" id="link2HCH0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER I. The Person Insulted, Before Challenge Sent + </h2> + <p> + 1. Whenever you believe that you are insulted, if the insult be in public + and by words or behavior, never resent it there, if you have self-command + enough to avoid noticing it. If resented there, you offer an indignity to + the company, which you should not. + </p> + <p> + 2. If the insult be by blows or any personal indignity, it may be resented + at the moment, for the insult to the company did not originate with you. + But although resented at the moment, you are bound still to have + satisfaction, and must therefore make the demand. + </p> + <p> + 3. When you believe yourself aggrieved, be silent on the subject, speak to + no one about the matter, and see your friend, who is to act for you, as + soon as possible. + </p> + <p> + 4. Never send a challenge in the first instance, for that precludes all + negotiation. Let your note be in the language of a gentleman, and let the + subject matter of complaint be truly and fairly set forth, cautiously + avoiding attributing to the adverse party any improper motive. + </p> + <p> + 5. When your second is in full possession of the facts, leave the whole + matter to his judgment, and avoid any consultation with him unless he + seeks it. He has the custody of your honor, and by obeying him you cannot + be compromitted. + </p> + <p> + 6. Let the time of demand upon your adversary after the insult, be as + short as possible, for he has the right to double that time in replying to + you, unless you give him some good reason for your delay. Each party is + entitled to reasonable time, to make the necessary domestic arrangements, + by will or otherwise, before fighting. + </p> + <p> + 7. To a written communication you are entitled to a written reply, and it + is the business of your friend to require it. + </p> + <p> + SECOND'S DUTY BEFORE CHALLENGE SENT. + </p> + <p> + 1. Whenever you are applied to by a friend to act as his second, before + you agree to do so, state distinctly to your principal that you will be + governed only by your own judgment,—that he will not be consulted + after you are in full possession of the facts, unless it becomes necessary + to make or accept the amende honorable, or send a challenge. You are + supposed to be cool and collected, and your friend's feelings are more or + less irritated. + </p> + <p> + 2. Use every effort to soothe and tranquilize your principal; do not see + things in the same aggravated light in which he views them; extenuate the + conduct of his adversary whenever you see clearly an opportunity to do so, + without doing violence to your friend's irritated mind. Endeavor to + persuade him that there must have been some misunderstanding in the + matter. Check him if he uses opprobrious epithet towards his adversary, + and never permit improper or insulting words in the note you carry. + </p> + <p> + 3. To the note you carry in writing to the party complained of, you are + entitled to a written answer, which will be directed to your principal and + will be delivered to you by his adversary's friend. If this be not written + in the style of a gentleman, refuse to receive it, and assign your reason + for such refusal. If there be a question made as to the character of the + note, require the second presenting it to you, who considers it + respectful, to endorse upon it these words: "I consider the note of my + friend respectful, and would not have been the bearer of it, if I believed + otherwise." + </p> + <p> + 4. If the party called on, refuses to receive the note you bear, you are + entitled to demand a reason for such refusal. If he refuses to give you + any reason, and persists in such refusal, he treats, not only your friend, + but yourself, with indignity, and you must then make yourself the actor, + by sending a respectful note, requiring a proper explanation of the course + he has pursued towards you and your friend; and if he still adheres to his + determination, you are to challenge or post him. + </p> + <p> + 5. If the person to whom you deliver the note of your friend, declines + meeting him on the ground of inequality, you are bound to tender yourself + in his stead, by a note directed to him from yourself; and if he refuses + to meet you, you are to post him. + </p> + <p> + 6. In all cases of the substitution of the second for the principal, the + seconds should interpose and adjust the matter, if the party substituting + avows he does not make the quarrel of his principal his own. The true + reason for substitution, is the supposed insult of imputing to you the + like inequality which if charged upon your friend, and when the contrary + is declared, there should be no fight, for individuals may well differ in + their estimate of an individual's character and standing in society. In + case of substitution and a satisfactory arrangement, you are then to + inform your friend of all the facts, whose duty it will be to post in + person. + </p> + <p> + 7. If the party, to whom you present a note, employ a son, father or + brother, as a second, you may decline acting with either on the ground of + consanguinity. + </p> + <p> + 8. If a minor wishes you to take a note to an adult, decline doing so, on + the ground of his minority. But if the adult complained of, had made a + companion of the minor in society, you may bear the note. + </p> + <p> + 9. When an accommodation is tendered, never require too much; and if the + party offering the amende honorable, wishes to give a reason for his + conduct in the matter, do not, unless offensive to your friend, refuse to + receive it; by so doing you may heal the breach more effectually. + </p> + <p> + 10. If a stranger wishes you to bear a note for him, be well satisfied + before you do so, that he is on an equality with you; and in presenting + the note state to the party the relationship you stand towards him, and + what you know and believe about him; for strangers are entitled to redress + for wrongs, as well as others, and the rules of honor and hospitality + should protect him. + </p> + <p> + <a name="link2HCH0002" id="link2HCH0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER II. The Party Receiving a Note Before Challenge. + </h2> + <p> + 1. When a note is presented to you by an equal, receive it, and read it, + although you may suppose it to be from one you do not intend to meet, + because its requisites may be of a character which may readily be complied + with. But if the requirements of a note cannot be acceded to, return it, + through the medium of your friend, to the person who handed it to you, + with your reason for returning it. + </p> + <p> + 2. If the note received be in abusive terms, object to its reception, and + return it for that reason; but if it be respectful, return an answer of + the same character, in which respond correctly and openly to all + interrogatories fairly propounded, and hand it to your friend, who, it is + presumed, you have consulted, and who has advised the answer; direct it to + the opposite party, and let it be delivered to his friend. + </p> + <p> + 3. You may refuse to receive a note, from a minor, (if you have not made + an associate of him); one that has been posted; one that has been publicly + disgraced without resenting it; one whose occupation is unlawful; a man in + his dotage and a lunatic. There may be other cases, but the character of + those enumerated will lead to a correct decision upon those omitted. + </p> + <p> + If you receive a note from a stranger, you have a right to a reasonable + time to ascertain his standing in society, unless he is fully vouched for + by his friend. + </p> + <p> + 4. If a party delays calling on you for a week or more, after the supposed + insult, and assigns no cause for the delay, if you require it, you may + double the time before you respond to him; for the wrong cannot be + considered aggravated; if borne patiently for some days, and the time may + have been used in preparation and practice. + </p> + <p> + Second's Duty of the Party Receiving a Note Before Challenge Sent. + </p> + <p> + 1. When consulted by your friend, who has received a note requiring + explanation, inform him distinctly that he must be governed wholly by you + in the progress of the dispute. If he refuses, decline to act on that + ground. + </p> + <p> + 2. Use your utmost efforts to allay all excitement which your principal + may labor under; search diligently into the origin of the + misunderstanding; for gentlemen seldom insult each other, unless they + labor under some misapprehension or mistake; and when you have discovered + the original ground or error, follow each movement to the time of sending + the note, and harmony will be restored. + </p> + <p> + 3. When your principal refuses to do what you require of hi, decline + further acting on that ground, and inform the opposing second of your + withdrawal from the negotiation. + </p> + <p> + <a name="link2HCH0003" id="link2HCH0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER III. Duty of Challenger and His Second Before Fighting. + </h2> + <p> + 1. After all efforts for a reconciliation are over, the party aggrieved + sends a challenge to his adversary, which is delivered to his second. + </p> + <p> + 2. Upon the acceptance of the challenge, the seconds make the necessary + arrangements for the meeting, in which each party is entitled to a perfect + equality. The old notion that the party challenged, was authorized to name + the time, place, distance and weapon, has been long since exploded; nor + would a man of chivalric honor use such a right, if he possessed it. The + time must e as soon as practicable, the place such as had ordinarily been + used where the parties are, the distance usual, and the weapons that which + is most generally used, which, in this State, is the pistol. + </p> + <p> + 3. If the challengee insist upon what is not usual in time, place, + distance and weapon, do not yield the point, and tender in writing what is + usual in each, and if he refuses to give satisfaction, then your friend + may post him. + </p> + <p> + 4. If your friend be determined to fight and not post, you have the right + to withdraw. But if you continue to act, and have the right to tender a + still more deadly distance and weapon, and he must accept. + </p> + <p> + 5. The usual distance is from ten to twenty paces, as may be agreed on; + and the seconds in measuring the ground, usually step three feet. + </p> + <p> + 6. After all the arrangements are made, the seconds determine the giving + of the word and position, by lot; and he who gains has the choice of the + one or the other, selects whether it be the word or the position, but he + cannot have both. + </p> + <p> + <a name="link2HCH0004" id="link2HCH0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER IV. Duty of Challengee and Second After Challenge Sent. + </h2> + <p> + 1. The challengee has no option when negotiation has ceased, but to accept + the challenge. + </p> + <p> + 2. The second makes the necessary arrangements with the second of the + person challenging. The arrangements are detailed in the preceding + chapter. + </p> + <p> + <a name="link2HCH0005" id="link2HCH0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER V. Duty of Principals and Seconds on the Ground. + </h2> + <p> + 1. The principals are to be respectful in meeting, and neither by look or + expression irritate each other. They are to be wholly passive, being + entirely under the guidance of their seconds. + </p> + <p> + 2. When once posted, they are not to quit their positions under any + circumstances, without leave or direction of their seconds. + </p> + <p> + 3. When the principals are posted, the second giving the word, must tell + them to stand firm until he repeats the giving of the word, in the manner + it will be given when the parties are at liberty to fire. + </p> + <p> + 4. Each second has a loaded pistol, in order to enforce a fair combat + according to the rules agreed on; and if a principal fires before the word + or time agreed on, he is at liberty to fire at him, and if such second's + principal fall, it is his duty to do so. + </p> + <p> + 5. If after a fire, either party be touched, the duel is to end; and no + second is excusable who permits a wounded friend to fight; and no second + who knows his duty, will permit his friend to fight a man already hit. I + am aware there have been many instances where a contest has continued, not + only after slight, but severe wounds, had been received. In all such + cases, I think the seconds are blamable. + </p> + <p> + 6. If after an exchange of shots, neither party be hit, it is the duty of + the second of the challengee, to approach the second of the challenger and + say: "Our friends have exchanged shots, are you satisfied, or is there any + cause why the contest should be continued?" If the meeting be of no + serious cause of complaint, where the party complaining had in no way been + deeply injured, or grossly insulted, the second of the party challenging + should reply: "The point of honor being settled, there can, I conceive, be + no objection to a reconciliation, and I propose that our principals meet + on middle ground, shake hands, and be friends." If this be acceded to by + the second of the challengee, the second of the party challenging, says: + "We have agreed that the present duel shall cease, the honor of each of + you is preserved, and you will meet on middle ground, shake hands and be + reconciled." + </p> + <p> + 7. If the insult be of a serious character, it will be the duty of the + second of the challenger, to say, in reply to the second of the + challengee: "We have been deeply wronged, and if you are not disposed to + repair the injury, the contest must continue." And if the challengee + offers nothing by way of reparation, the fight continues until one or the + other of the principals is hit. + </p> + <p> + 8. If in cases where the contest is ended by the seconds, as mentioned in + the sixth rule of this chapter, the parties refuse to meet and be + reconciled, it is the duty of the seconds to withdraw from the field, + informing their principals, that the contest must be continued under the + superintendence of other friends. But if one agrees to this arrangement of + the seconds, and the other does not, the second of the disagreeing + principal only withdraws. + </p> + <p> + 9. If either principal on the ground refuses to fight or continue the + fight when required, it is the duty of his second to say to the other + second: "I have come upon the ground with a coward, and do tender you my + apology for an ignorance of his character; you are at liberty to post + him." The second, by such conduct, stands excused to the opposite party. + </p> + <p> + 10. When the duel is ended by a party being hit, it is the duty of the + second to the party so hit, to announce the fact to the second of the + party hitting, who will forthwith tender any assistance he can command to + the disabled principal. If the party challenging, hit the challengee, it + is his duty to say he is satisfied, and will leave the ground. If the + challenger be hit, upon the challengee being informed of it, he should ask + through his second, whether he is at liberty to leave the ground which + should be assented to. + </p> + <p> + <a name="link2HCH0006" id="link2HCH0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VI. Who Should Be on the Ground. + </h2> + <p> + 1. The principals, seconds, one surgeon and one assistant surgeon to each + principal; but the assistant surgeon may be dispensed with. + </p> + <p> + 2. Any number of friends that the seconds agree on, may be present, + provided they do not come within the degrees of consanguinity mentioned in + the seventh rule of Chapter I. 3. Persons admitted on the ground, are + carefully to abstain by word or behavior, from any act that might be the + least exceptionable; nor should they stand near the principals or seconds, + or hold conversations with them. + </p> + <p> + <a name="link2HCH0007" id="link2HCH0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VII. Arms, and Manner of Loading and Presenting Them. + </h2> + <p> + 1. The arms used should be smooth-bore pistols, not exceeding nine inches + in length, with flint and steel. Percussion pistols may be mutually used + if agreed on, but to object on that account is lawful. + </p> + <p> + 2. Each second informs the other when he is about to load, and invites his + presence, but the seconds rarely attend on such invitation, as gentlemen + may be safely trusted in the matter. + </p> + <p> + 3. The second, in presenting the pistol to his friend, should never put it + in his pistol hand, but should place it in the other, which is grasped + midway the barrel, with muzzle pointing in the contrary way to that which + he is to fire, informing him that his pistol is loaded and ready for use. + Before the word is given, the principal grasps the butt firmly in his + pistol hand, and brings it round, with the muzzle downward, to the + fighting position. + </p> + <p> + 4. The fighting position, is with the muzzle down and the barrel from you; + for although it may be agreed that you may hold your pistol with the + muzzle up, it may be objected to, as you can fire sooner from that + position, and consequently have a decided advantage, which ought not to be + claimed, and should not be granted. + </p> + <p> + <a name="link2HCH0008" id="link2HCH0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VIII. The Degrees of Insult, and How Compromised + </h2> + <p> + 1. The prevailing rule is, that words used in retort, although more + violent and disrespectful than those first used, will not satisfy,—words + being no satisfaction for words. + </p> + <p> + 2. When words are used, and a blow given in return, the insult is avenged; + and if redress be sought, it must be from the person receiving the blow. + </p> + <p> + 3. When blows are given in the first instance and not returned, and the + person first striking, be badly beaten or otherwise, the party first + struck is to make the demand, for blows do not satisfy a blow. + </p> + <p> + 4. Insults at a wine table, when the company are over-excited, must be + answered for; and if the party insulting have no recollection of the + insult, it is his duty to say so in writing, and negative the insult. For + instance, if the man say: "you are a liar and no gentleman," he must, in + addition to the plea of the want of recollection, say: "I believe the + party insulted to be a man of the strictest veracity and a gentleman." + </p> + <p> + 5. Intoxication is not a full excuse for insult, but it will greatly + palliate. If it was a full excuse, it might be well counterfeited to wound + feelings, or destroy character. + </p> + <p> + 6. In all cases of intoxication, the seconds must use a sound discretion + under the above general rules. + </p> + <p> + 7. Can every insult be compromised? is a mooted and vexed question. On + this subject, no rules can be given that will be satisfactory. The old + opinion, that a blow must require blood, is not of force. Blows may be + compromised in many cases. What those are, much depend on the seconds. + </p> + <p> + <a name="link2H_APPE" id="link2H_APPE"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + APPENDIX. + </h2> + <p> + Since the above Code was in press, a friend has favored me with the IRISH + CODE OF HONOR, which I had never seen; and it is published as an Appendix + to it. One thing must be apparent to every reader, viz., the marked + amelioration of the rules that govern in duelling at the present time. I + am unable to say what code exists now in Ireland, but I very much doubt + whether it be of the same character which it bore in 1777. The American + Quarterly Review for September, 1824, in a notice of Sir Jonah + Barrington's history of his own times, has published this code; and + followed it up with some remarks, which I have thought proper to insert + also. The grave reviewer has spoken of certain States in terms so unlike a + gentleman, that I would advise him to look at home, and say whether he + does not think that the manners of his own countrymen, do not require + great amendment? I am very sure, that the citizens of the States so + disrespectfully spoken of, would feel a deep humiliation, to be compelled + to exchange their urbanity of deportment, for the uncouth incivility of + the people of Massachusetts. Look at their public journals, and you will + find them, very generally, teeming with abuse of private character, which + would not be countenanced here. The idea of New England becoming a school + for manners, is about as fanciful as Bolinbroke's "idea of a patriot + king." I like their fortiter in re, but utterly eschew their suaviter in + modo. + </p> + <p> + "The practice of duelling and points of honor settled at Clonmell summer + assizes, 1777, by the gentleman delegates of Tipperary, Galway, Mayo, + Sligo and Roscommon, and prescribed for general adoption throughout + Ireland. + </p> + <p> + "Rule 1.—The first offence requires the apology, although the retort + may have been more offensive than the insult.—Example: A. tells B. + he is impertinent, &C.; B. retorts, that he lies; yet A. must make the + first apology, because he gave the first offence, and then, (after one + fire,) B. may explain away the retort by subsequent apology. + </p> + <p> + "Rule 2.—But if the parties would rather fight on: then, after two + shots each, (but in no case before,) B. may explain first, and A. + apologize afterward. + </p> + <p> + "Rule 3.—If a doubt exist who gave the first offence, the decision + rests with the seconds; if they won't decide or can't agree, the matter + must proceed to two shots, or a hit, if the challenger requires it. + </p> + <p> + "Rule 4.—When the lie direct is the first offence, the aggressor + must either beg pardon in express terms; exchange tow shots previous to + apology; or three shots followed up by explanation; or fire on till a + severe hit be received by one party or the other. + </p> + <p> + "Rule 5.—As a blow is strictly prohibited under any circumstances + among gentlemen, no verbal apology can be received for such an insult; the + alternatives therefore are: the offender handing a can to the injured + party, to be used on his own back, at the same time begging pardon; firing + on until one or both is disabled; or exchanging three shots, and then + asking pardon without the proffer of the cane. + </p> + <p> + "If swords are used, the parties engage till one is well-blooded, disabled + or disarmed; or until, after receiving a wound, and blood being drawn, the + aggressor begs pardon. + </p> + <p> + "N.B. A disarm is considered the same as a disable; the disarmer may + (strictly) break his adversary's sword; but if it be the challenger who is + disarmed, it is considered ungenerous to do so. + </p> + <p> + "In case the challenged be disarmed and refuses to ask pardon or atone, he + must not be killed as formerly; but the challenger may lay his sword on + the aggressor's shoulder, than break the aggressor's sword, and say, 'I + spare your life!' The challenged can never revive the quarrel, the + challenger may. + </p> + <p> + "Rule 6.—If A. give B. the lie, and B. retorts by a blow, (being the + two greatest offences,) no reconciliation can take place till after two + discharges each, or a severe hit; after which, B. may beg A.'s pardon for + the blow, and then A. may explain simply for the lie; because a blow is + never allowable, and the offence of the lie therefore merges in it. (See + preceding rule.) + </p> + <p> + "N.B. Challenges for individual causes, may be reconciled on the ground, + after one shot. An explanation, or the slightest hit should be sufficient + in such cases, because no personal offence transpired. + </p> + <p> + "Rule 7.—But no apology can be received, in any case, after the + parties have actually taken their ground, without exchange of fires. + </p> + <p> + "Rule 8.—In the above case, no challenger is obliged to divulge the + cause of his challenge, (if private,) unless required by the challenged to + do so before their meeting. + </p> + <p> + "Rule 9.—All imputations of cheating at play, races, &c, to be + considered equivalent to a blow; but may be reconciled after one shot, on + admitting their falsehood, and begging pardon publicly. + </p> + <p> + "Rule 10.—Any insult to a lady under a gentleman's care or + protection, to be considered as, by one degree, a greater offence than if + given to the gentleman personally, and to be regulated accordingly. + </p> + <p> + "Rule 11.—Offences originating or accruing from the support of a + lady's reputation, to be considered as less unjustifiable than any other + of the same class, and as admitting of lighter apologies by the aggressor; + this to be determined by the circumstances of the case, but always + favorably to the lady. + </p> + <p> + "Rule 12.—In simple unpremeditated rencontres with the small sword + or couteau-de-chasse, the rule is, first draw, first sheathe; unless blood + be drawn: then both sheathe, and proceed to investigation. + </p> + <p> + "Rule 13.—No dumb-shooting, or firing in the air, admissible in any + case. The challenger ought not to have challenged without receiving + offence; and the challenged ought, if he gave offence, to have made an + apology before he came on the ground: therefore, children's play must be + dishonorable on one side or the other, and is accordingly prohibited. + </p> + <p> + "Rule 14.—Seconds to be of equal rank in society with the principals + they attend, inasmuch as a second may choose or chance to become a + principal, and equality is indispensable. + </p> + <p> + "Rule 15.—Challenges are never to be delivered at night, unless the + party to be challenged intend leaving the place of offence before morning; + for it is desirable to avoid all hot-headed proceedings. + </p> + <p> + "Rule 16.—The challenged has the right to choose his own weapon, + unless the challenger gives his honor he is no swordsman; after which, + however, he cannot decline any second species of weapon proposed by the + challenged. + </p> + <p> + "Rule 17.—The challenged chooses his ground; the challenger chooses + his distance; the seconds fix the time and terms of firing. + </p> + <p> + "Rule 18.—The seconds load in presence of each other, unless they + give their mutual honors that they have charged smooth and single, which + should be held sufficient. + </p> + <p> + "Rule 19.—Firing may be regulated, first by signal; secondly, by + word of command; or, thirdly, at pleasure, as may be agreeable to the + parties. In the latter case, the parties may fire at their reasonable + leisure, but second presents and rests are strictly prohibited. + </p> + <p> + "Rule 20.—In all cases a miss-fire is equivalent to a shot, and a + snap or a non-cock is to be considered as a miss-fire. + </p> + <p> + "Rule 21.—Seconds are bound to attempt a reconciliation before the + meeting takes place, or after sufficient firing or hits, as specified. + </p> + <p> + "Rule 22.—Any wound sufficient to agitate the nerves and necessarily + make the hands shake, must end the business for that day. + </p> + <p> + "Rule 23.—If the cause of meeting be of such a nature that no + apology or explanation can or will be received, the challenged takes his + ground, and calls on the challenger to proceed as he chooses: in such + cases firing at pleasure is the usual practice, but may be varied by + agreement. + </p> + <p> + "Rule 24.—In slight cases, the second hands his principal but one + pistol; but in gross cases, two, holding another case ready charged in + reserve. + </p> + <p> + "Rule 25.—When seconds disagree, and resolve to exchange shots + themselves, it must be at the same time and at right angles with their + principals. + </p> + <p> + "If with swords, side by side, at five paces interval. + </p> + <p> + "N.B. All matters and doubts not herein mentioned, will be explained and + cleared up by application to the committee, who meet alternately at + Clonmell and Galway, at their quarter sessions, for the purpose. + </p> +<pre xml:space="preserve"> + "CROW RYAN, President." + + "JAMES KEOG, + "AMBY BODKIN, Secretaries." +</pre> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ADDITIONAL GALWAY ARTICLES + </h2> + <p> + "Rule 1.—No party can be allowed to bend his knee or cover his side + with his left hand; but may present at any level from the hip to the eye. + </p> + <p> + "Rule 2.—One can neither advance nor retreat, if the ground be + measured. If the ground be unmeasured, either party may advance at + pleasure, even to touch muzzle; but neither can advance on his adversary + after the fire, unless his adversary step forward on him. + </p> + <p> + "The seconds stand responsible for this last rule being strictly observed; + bad cases have accrued from neglecting it." + </p> + <p> + This precise and enlightened digest was rendered necessary by the + multitude of quarrels that arouse without "sufficient dignified + provocation:" the point of honor men required a uniform government; and + the code thus formed was disseminated throughout the island, with + directions that it should be strictly observed by all gentlemen, and kept + in their pistol cases. The rules, with some others, were commonly styled + "the thirty-six commandments," and, according to the author, have been + much acted upon down to the present day. Tipperary and Galway were the + chief schools of duelling. We remember to have heard, in travelling to the + town of the former name in a stage coach, a dispute between two Irish + companions, on the point, which was the most gentlemanly country in all + Ireland—Tipperary or Galway? and both laid great stress upon the + relative duelling merits of those counties. By the same criterion, + Tennessee, Kentucky, Georgia and South Carolina, would bear away the palm + of gentility among the States of the Union. + </p> + <p> + <br /><br /><br /><br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of The Code of Honor, by John Lyde Wilson + +*** END OF THIS PROJECT GUTENBERG EBOOK THE CODE OF HONOR *** + +***** This file should be named 6085-h.htm or 6085-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/6/0/8/6085/ + +Produced by Holly Ingraham, and David Widger + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + </body> +</html> |