Explanatory Notes        Apparatus Notes ()
This text has been superseded by a newly published text
MTPDocEd
To John T. Raymond
27 October 1876 • Hartford, Conn. (Transcript, secretarial copy with annotation: CtHMTH, UCCL 01381)
(SUPERSEDED)
My Dear Raymond:

I supposed we could meet & talk but that is not going to be possible & I have made arrangements to go to Europe with my family early in April to be gone a year or two.1explanatory note

But I will now make one more effort to come to an understanding—to wit: 1. Leave the Laura clause out & trust it to your honesty. 2 During the next three years I will prosecute 5 cases of piracy per year, but not more. Afteremendation that I will prosecute 3 cases per year for 2 years; after that, 1 case per year. I will do this at my own expense. But I limit these prosecutions to that portion of the United States which lies Eastemendation of the Western boundary of Missouri, Utah & “The Coast”emendation are tooemendation expensive, & not worth the trouble anyway.

Now the result of this will simply be that I shall captureemendation & convict one pirate & maybe two, possibly 3 during the first year; & one or two afterward.

I shall be infinitely surprised if the protection of the play costs me anythingemendation more than a trivial sum.

There, now, Raymond, your objections are answered & removed.

If the contract thus amended will be satisfactory to you write & say so; if not, we could not mend matters by talking.

Truly Yrs
Sam. L. Clemens

letter annotated by Charles E. Perkins: Copy Letter Clemens to Raymond | Oct 27. 76 | Sent original to Raymond Oct 30. 1876—at Toronto Canada— I have compared this with the original & it is an exact copy— Hfd Oct 30. 76 | C E Perkins | rule

Textual Commentary
Previous Publication:

MicroPUL, reel 1.

Provenance:

See Perkins Collection in Description of Provenanceclick to open link.

Explanatory Notes
1 

The Clemens family did not begin this trip, which provided the raw material for A Tramp Abroad , until April of 1878. The recent letter from Raymond that Clemens evidently answered, which proposed a meeting to discuss a revised contract for Colonel Sellers , does not survive. But Clemens also readdressed some of the issues that Raymond had raised in an earlier letter (CtHMTH):

“there’s millions in it”
My dear Clemens—

In reply to yours of 20th enclosing contracts I beg to submit the following—

To begin the regular dramatic season closes about June 1st. Last year I prolonged my season taking California in the summer the time generally devoted to vacation. Again expenses should be anything that is for the mutual benefit of both parties. ie if necessary to engage a person to play (for instance) Laura Hawkins that the salary (not to exceed one hundred dollars per week) should be considered expenses to be shared by us

A clause should be inserted in the contracts in relation to suits arising out of the piece being played by “Pirates”— You claim the ownership of the property & hold the copyright & yet you expect me to share the expense of defending your rights— I am willing to do so, but want you to return the compliment when things are absolutely necessary for the proper production of the play— Your lawyer claims that nothing but printing &c constitute expenses yet he took from me half of his costs for the Salt Lake case—

You say nothing about my percentage for making engagements &c neither in your letter or contracts— As we are on the subject we might as well understand it thoroughly so that there will be no trouble hereafter—

I cant understand that next year you are to receive one third of our receipts before expenses— My impression (& I think I am right) is that you are to take one third of the profits

The following is as I think the contract should read—

&c &c &c &c

The said Raymond hereby agrees with said [Clemens] that he will pay to said Clemens for his dramatic season ending June 2d / 1877 Forty-three and one third per cent of his gross profits secured by him from the production of said dramatization after deducting from said gross profits the expenses of printing and every necessary outlay that said Raymond may consider to the mutual benefit of Clemens and Raymond. That said Raymond has the right to engage one person to support him should he so desire his salary not to exceed one hundred dollars per week to be paid mutually by Clemens & Raymond

That said Clemens agrees for the season ending June 2d / 1877 to pay to said Raymond two & one half per cent of his Clemens’ share for making engagements &c &c &c &c

And it is further agreed between said Raymond & Clemens that after August 1st / 1877 the said Raymond shall pay to said Clemens as aforesaid thirty three & one third per cent of said gross profits after deducting expenses as aforesaid

This Mark is as I think it should be— I have specified more clearly what expenses should be—

Our interests should be mutual and if I find I could advance them I dont think I should be kept from it simply because this contract reads “printing & posting” the latter item has never be[en] charged for as we have nothing of the kind done  The theaters stand that— I hope Mark this is satisfactory—

Your friend
John T. Raymond

Clemens’s 20 September 1876 letter and enclosed contracts do not survive. His answer, also lost, to Raymond’s 25 September letter presumably left unsettled just the two issues that he now attempted to resolve: the “Laura clause” and a commitment to prosecute piracies—that is, unauthorized Gilded Age plays. He had stopped one such piracy, in Salt Lake City, in February 1875 (see L6 , 371–76). Unauthorized productions had continued, however. For example, on 29 September 1876, “Mark Twain’s Gilded Age” was performed at the Opera House in Warsaw, Indiana, with the husband and wife team of James A. Lord and Louie Lord as Colonel Sellers and Laura Hawkins (playbill in CU-MARK, courtesy of Kevin Mac Donnell; Malin 1956, 251, 255, 257–58). It is not known if Raymond was aware of that performance. The Colonel Sellers contract actually in force by the early fall of 1877 gave Clemens a half-interest in the play’s profits after expenses. By the terms of a contract of 11 March 1878, however, his share was reduced to twenty percent (agreement dated 21 Sept 77 temporarily transferring Clemens’s interest in Colonel Sellers to H. W. Bergen, CU-MARK; SLC to Raymond, 16 Mar 1878click to open link, CtHMTH).

Emendations and Textual Notes
  more. After ●  more.— | After
  East ●  e East
  “The Coast” ●  The Coast”
  too ●  to
  capture ●  l capture
  anything ●  anything