Chatto and Windus Contracts for The Adventures of Tom Sawyer
The contract for the Chatto and Windus edition of Tom Sawyer, signed on 24 May 1876, spelled out in detail the royalty agreement the company had reached with Clemens through Moncure Conway, his agent in London. It was written by an unidentified member of the staff, who filled out a printed form. The text of the form is transcribed below in the present font; the handwritten text is shown in a contrasting font. Two of the provisions were deleted and initialed “C&W.” The representative who signed the contract “Chatto & Windos” has also not been discovered, nor has the correct name of the witness, who scrawled his signature. (He was apparently the same employee who wrote to Mrs. Conway in January, signing himself “F.J.H.”: see 26 Jan 1876 to Conway, n. 1). The original contract is at the Mark Twain Birthplace State Historic Site in Florida, Missouri (MoSMTB).
No contract for the American Publishing Company edition of Tom Sawyer was drawn up at the time it was published. As a result, in 1879 Clemens suggested to Francis E. Bliss that Tom Sawyer be used to satisfy a contract that had been signed in June 1872 but never fulfilled, for a book about the African diamond fields. Clemens had been unable to write the book because of the death of his collaborator, John Henry Riley. The 1872 contract was therefore modified in June 1879 to read, “The Mss for book contracted for by within Contract by S. L. Clemens has been delivered to us—& entitled ‘Tom Sawyer.’” A penciled note was added to clarify that Tom Sawyer was offered “in place of African Contract” (Appendix D, “Book Contracts,” L5, 631–34).
This agreement, made thistwentyfourthday of May 1876 betweenMoncure D Conway Esquire as agent for and on behalf of Samuel L. Clemens Esqon the One Part, and Messrs. Chatto and Windus of 74 and 75, Piccadilly, London, W., on the Other Part.
It is Agreed that the said Messrs. Chatto and Windus shall publish at their own expense and risk a work by the said Saml. L. Clemens entitled “Tom Sawyer by Mark Twain”
and after the sale of the firstcopies, upon which no royalty shall be payable, in margin: C&W Messrs. Chatto and Windus shall pay the said M. D. Conway on behalf of S. L. Clemens upon every copy sold by them of the said book during the legal term of Copyright at the publishing price of 7s/6 the sum of 1s/9d and upon editions published at a less publishing price than 7s/6 at the following rates; that is a royalty of 1/5 upon copies published at 6s/– 1/2 upon copies published at 5/– 10s upon copies published at 3/6 7d upon copies published at 2/6 and 5d upon copies published at 2/–
Corrections aboveper sheet to be charged to the Author, and deducted from the amount of the royalty payable. in margin: C&W
If it be thought advisable to dispose of Copies, or of the Remainder, at a lower price, which is left to the judgment and discretion of Messrs. Chatto and Windus, then the royalty shall be proportionately reduced.
Five Copies to be allowed to the Author, and all others had by him to be paid for at Trade Price. Accounts to be made up annually at Midsummer, and delivered on or before October 1. Mr Conway or any person deputed by him to be at all times at liberty to inspect all books of account kept by Me[ssr]s Chatto & Windus shewing the numbers printed and sold.
WitnessF. J. H◊◊◊thChatto & Windus
Contract for Ah Sin
This is a transcription of Clemens’s record copy of the contract for the production and performance of Ah Sin, the play he coauthored with Bret Harte. It was prepared with the assistance of his lawyer, Charles E. Perkins, in December 1876 (11 Dec 1876 and 20 Dec 1876, both to Perkins). The original is in the Mark Twain Papers (CU-MARK). The entire document, including the signatures, is in an unidentified hand, doubtless that of a clerk employed by Perkins. The location is not known of the copy or copies of the contract actually signed by Clemens, Bret Harte, and Charles T. Parsloe, Jr., the actor engaged for the title role of Ah Sin.
Copy.
This agreement made by and between Samuel L Clemens, and Brett Harte of the first part, and Charles T. Parsloe of the second part, Witnesseth
The said Clemens and Harte hereby give and convey to said Parsloe the exclusive right to perform or cause to be performed the play composed by said Clemens and Harte and called “Ah Sin” throughout the whole world. The said right to continue during his life; upon the following conditions and agreements, viz
The said parties of the first part and second part are to share equally in the gross profits of the performance of the said play, after deducting therefrom only the expenses of printing and posting and the usual salary or percentage of any dramatic agency that may be employed to make contracts with managers, and no additional actors or advance agents are to be employed by said Parsloe at any expense to the parties of the first part unless two out of the three shall approve thereof, in which case the expenses arising from such engagement are also to be deducted from the gross profits before the said division—
If said Clemens and Harte shall so desire, they may send an agent to travel with said Parsloe who shall have the right to examine all contracts made by said Parsloe made in relation to said play, and all statements of profits made to him by managers of theatres and others, which agent shall be paid by said Clemens and Harte or if they desire, said Parsloe shall send to said Clemens or any person designated by him weekly statements of the gross profits certified to by the managers of theatres where said play is performed, and of the expenses hereinbefore agreed to be deducted therefrom, and shall also send weekly to said Clemens or person designated by him the shares of said profits so accrueing to said Clemens and said Harte.
The said Clemens and Harte may adopt either of these methods and change from one to the other at their option
If any person shall be found in infringing the rights of said parties by acting said play, legal steps to prevent the same shall be taken, whenever any two of the three parties shall so agree which proceedings shall be at the joint expense of the three—
And the said Parsloe hereby agrees with said Clemens and Harte that during the continuance of this agreement he will not play or perform in any other play or performance except in the aforesaid play of “Ah Sin” provided that if at any time the weekly net profits of the three parties shall have diminished to an average of three hundred and fifty dollars per week during the whole period of six consecutive months of said play the said Parsloe shall be at liberty to play in any other public play or entertainment but until such condition of things arises if said Parsloe shall without the written consent of said Clemens and Harte play in any other public play or entertainment then the said Clemens and Harte may at their option terminate this agreement by notice in writing and the same shall thereupon become null and void, and said Parsloe further agrees with said Clemens and Harte that if he shall during the existence of this agreement so play in any other piece without their consent or before the receipts shall decrease as aforesaid, that then whether said Clemens and Harte shall choose to terminate this agreement or not, he will pay to them the sum of twenty five thousand dollars not as a penalty but as damages sustained by said Clemens and Harte by his breach of this agreement liquidated and agreed upon as the actual damages so sustained by them
The said Clemens hereby agrees with said Parsloe to advance the said Parsloe the sum of not exceeding one thousand dollars for the payment of expenses of putting the said play on the stage for its first performance
And the said Parsloe and Harte hereby agree to pay to said Clemens two-thirds of such sums so advanced out of the shares of said Parsloe and Harte in the net profits hereinbefore mentioned of said performance of said play but if the said Parsloe shall receive no such profits or not enough to repay the said advances then said Parsloe shall not be obliged to repay any part of said sum so advanced but the said Harte shall be bound to repay to said Clemens one-third of such advances whether there are any profits arising from said performance or not
If said Parsloe shall in acting said play add or suffer to be added any thing to the words or business of said play he agrees to pay to said Clemens and Harte twenty five dollars for each and every time he so uses or suffers to be used such addition after said Clemens and Harte have given him notice of their disapproval of such additions
(Signed)
Samuel L Clemens.
Hartford Dec 30 ’76
Brett Harte
New York Jany 5 ’77
Chas Thos Parsloe
New York Jany 5 ’77