When it became clear that John Henry Riley was too ill to collaborate with Clemens on a book about the African diamond fields, Elisha Bliss wrote a new contract between Clemens and the American Publishing Company, revising the terms of the existing contract of 6 December 1870 (see L4 , 566–68). Clemens’s copy was prepared from Bliss’s original by an amanuensis, then corrected by Bliss, and signed on 22 June 1872 by both Clemens and Bliss; it is in the Mark Twain Papers (CU-MARK) and is transcribed below. Bliss’s copy is in the Beinecke Rare Book and Manuscript Library, Yale University (CtY-BR). There are several trivial variants between the two copies; they have not been recorded.

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This Agreement entered into on the twenty second day of June 1872 by the American Publishing Company of the City of Hartford Conn. as party of the first part and Samuel L. Clemens of same city & state as party of the second part witnesseth that whereas a certain contract for the writing of a book by the sd party of the second part and to be published by the said party of the first part was entered into by both parties by in a written agreement dated Dec 6th 1870 and whereas a part of said contract has been fulfilled viz so much of it as related to the sending of the party to Africa by the said Clemens and also that portion of it which related to the advance of $2000. to sd Clemens by sd company and whereas circumstances render it doubtful whether the information to be received from Mr J. H Riley the party sent to Africa will on account of his ill health be sufficient to enable the sd c Clemens to write a book on the subject, or if it is sufficient for that purpose whether it will be sufficient for him to write a book which he will be satisfied to put his own nom de plume (Mark Twain) to, now it is agreed by the parties hereto that sd Clemens shall have the privilege of substituting the following agreement in the place of those in sd contract. To wit. He shall go on and write up the book as proposed on the Diamond Fields if it is possible to do it, and if he shall conclude to substitute another name as its author for his nom-de-plume (Mark Twain) then the copyright on said book shall be 5% instead of 8½% to be paid him; and in that case the sd Clemens in consideration of this privilege and of the following further agreements on the part of the American Publishing Co shall write for them another book to follow the Diamond Fields book on such subject as may be mutually agreed upon., T the manuscript for which shall be ready within a reasonable time after the issue of the other it being understood that the sd Clemens shall go to work upon it without unnecessary delay after the other book is ready and devote his time to its preparation. This book to have the nom de plume of (Mark Twain) on its title page as author and the sd Company shall pay for such book to said Clemens a copyright of 10% per cent. The $2000. advanced already by said company under provision of the contract of Dec 6 1870 to be repaid to said company by their deducting it from the 1st copyright coming sd to the sd Clemens on sd books.

In case the health of sd Riley should be such as to render it utterly impossible for the said Clemens to write the book on the Diamond Fields at all, then he shall be freed from his agreement to write a book on that subject but shall proceed to prepare the other book at once—viz the one upon which he is to appear as author and on which he is to receive 10% copyright. It is understood the Diamond Fields Book is to be written if practicable & in no wise shall the information or memorandum given by sd Riley go into the hands of other parties. All other agreements, provisions, exemptions, restrictions, specifications as to size of books , time of payment of copyright &c &c contained in said contract of Dec 6th 1870 to apply to both of above mentioned books and to remain in force under this new agreement.

All matters of difference as to the meaning or private understanding of contracts heretofore made between sd. parties are hereby settled and adjusted and such contracts are recognized and agreed to be valid on their face & satisfactory to all parties as they stand.

in Bliss’s hand

Should the said Clemens write the book on the Diamond Fields under his own nom-de-plume as arranged for in the contract of December 6th 1870. then the book is to be published by sd Company under that contract & on the terms specified therein

It is agreed that while either of the above books are being written, published & sold that the sd Clemens shall not furnish manuscript to any other party for any other book or allow his name to be used as author on any other book until such time as the publication of another book with his name shall not be an injury to the sale of either of the above mentioned books.

Samℓ. L. Clemens
                                        E. Bliss Jr Sy

The Mss for book contracted for by within Contract by S. L Clemens has been delivered to us—& entitled “Tom T Sawyer”

Am Pub Co

per E Bliss Jr pres 1explanatory note

on back as folded:

Contract between
                        Am Pub. co
                            &
                     S L Clemens
                        June 22. 1872

in the hand of Charles Perkins

Tom Sawyer

in pencil:

2nd Riley
                 in place of African Contract

On 8 May 1873 Elisha Bliss produced an original and two copies of a contract for The Gilded Age between coauthors Clemens and Warner and the American Publishing Company. Clemens’s copy, signed by all three men, is in the Mark Twain Papers (CU-MARK); it is transcribed below. Warner’s copy is in the Henry W. and Albert A. Berg Collection, New York Public Library (NN-B). Bliss’s draft is in the Beinecke Rare Book and Manuscript Library at Yale (CtY-BR). There are numerous insignificant variants between the three copies; they have not been recorded here. Bliss’s copy, however, does include two important addenda. On the last page Bliss wrote—almost certainly in 1879, when he thus endorsed all of Clemens’s contracts—“The mss. on this contract has been delivered to us” (see the previous contract, n. 1). In addition, Bliss’s copy is accompanied by an undated endorsement on a separate sheet, probably also written in 1879—but certainly sometime after March 1875, when Clemens delivered the manuscript for Mark Twain’s Sketches, New and Old, contracted for on 29 December 1870 ( ET&S1 , 621):

Am Pub Co
                                      per E Bliss Jr prest

Despite Bliss’s statement above that he had “endorsed the receipt” of the manuscripts on their “respective contracts,” Clemens’s copy of the Gilded Age contract carries no such endorsement.

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This agreement made between Samuel L. Clemens & Charles Dudley Warner both of City of Hartford & State of Connecticut as parties of the first part & The American Publishing Co. of said city of Hartford as party of the second part Wittnesseth—

The said parties of the first part, being the authors of a manuscript for a proposed book, to be called “The Gilded Age”; in consideration of the agreements hereinafter made by the party of the second part, stipulate to furnish to the said party of the second part the said manuscript as soon as they desire it, in sufficient quantity to make a volume of about 600 pages printed octavo pages (small pica) & that they will not use or suffer any portion of the matter of said mss. to be used by others, but give the said party of the second part full control of it with full & exclusive right to publish the same so long as they the said party of the second part shall fulfill their part of this contract, & the copyright of said matter, having been or to be taken out in the names of said authors, it shall be held by them subject to their stipulations in this contract. The said party of the first part also agree to do all necessary proof reading & render other ordinary & usual assistance in bringing out the book, & to give all possible aid in its sale—

The party of the second part agrees to publish said book as soon as practicable for them to do so, commencing upon the work without unnecessary delay. The book is to be after the style of “The Innocents Abroad” & to equal it in the quality of its paper, binding, engravings & printing— The engravings inserted to be mutually acceptable to the said Warner & to E. Bliss Jr. Prest. of said American Publishing Co.

The said party of the second part also agrees to use their best efforts to sell said book, to print & distribute among their agents notices of the book, reviews &c & in large cities they shall instruct their agents to use introductory cards & or circulars stating the object of their visit—

A sheet of extracts to be sent with copy of the book to editors, said extracts to be selected by the said Warner who shall also furnish a list of newspapers, from which he in connexion with the said E. Bliss. Jr. shall select such as they may deem proper, (say 500 more or less as they may agree,) to whom the said party of the second part shall within 12 months from issue of the book send free copies at their own expense, with sheets of extracts, Copies of the book with extracts to be sent to the leading papers and periodicals of the great cities from first edition printed—

And the party of the second part farther agrees to pay to the parties of the s first part a royalty upon all books sold, of Ten per cent on the subscription price, one half of said sum or Five (5) per cent of the same to be paid to the said Clemens, and one half or Five (5) per cent of the same to be paid to the said Warner, a statement of sales & settlement of royalty to be made every three months after the issue of the book, said settlement to be made at office of said Company or sent upon the order of the respective parties.

No royalty is to be paid upon any book given by said party of the second part or their agents to editors or others to advance the sale of the of the book—a list of such gifts to be rendered to parties of the first part if it is required by them—

It is farther agreed that no books shall be issued to any party (except to editors as above provided, to parties for reviews & reccommendation—and to agents as sample copies to canvass with)—until enough are printed & bound to fill all orders on hand at once unless it be with the consent of said Warner.

This contract executed
at Hartford May 8. 1873.              Samℓ. L. Clemens.

Chas. D. Warner

E Bliss Jr. prest.

American Publishing Co.

on back as folded, in the hand of Charles Perkins:

Agreement as to Golden Age

S. L. Clemens Copy

Gilded Age

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May 8th 1873

The contract for the English edition of The Gilded Age was signed in London on 18 October 1873, just two days before Clemens left London. Clemens’s copy of the contract has not been found. Warner’s copy, which is in the Watkinson Library, Trinity College, Hartford (CtHT-W), was signed by the Routledges and by Clemens, whose signature was witnessed at the Langham Hotel by Ellen Bermingham, Susy’s nursemaid. This copy was then sent to Hartford, where Warner added his signature, witnessed by his brother George. The Routledges’ copy, signed only by Clemens “for himself & Chas Dudley Warner,” is in the company archives (Routledge and Kegan Paul, London), and is transcribed below. There are a number of trivial variants between the two copies; they have not been recorded.

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An Agreement made on the 18th day of October One thousand eight hundred and seventy three1explanatory note between Samuel Langhorne Clemens (who is better known to the Public as “Mark Twain“) now of Hartford Connecticut in the United States of America (Author) on behalf of himself and Charles Dudley Warner (also of Hartford aforesaid Author) of the one part and George Routledge, Robert Warne Routledge, Edmund Routledge, and William Routledge2explanatory note all of the Broadway Ludgate Hill in the City of London Wholesale Booksellers and publishers (who are hereinafter referred to as “George Routledge and Sons”) of the other part Whereas the said Samuel Langhorne Clemens and Charles Dudley Warner are about to write a new and original Book or work to be entitled “The Gilded Age” or some equally suitable name And whereas the said Samuel Langhorne Clemens and Charles Dudley Warner have proposed to sell to the said George Routledge and Sons the exclusive copyright in and right to publish the said work when completed in Great Britain the Dominion of Canada and The British Colonies and Dependencies at the price and upon the conditions hereinafter appearing Now it is hereby agreed that the said Samuel Langhorne Clemens doth for himself and the said Charles Dudley Warner, hereby agree with the said George Routledge and Sons their executors administrators and assigns And the said George Routledge and Sons do hereby agree with the said Samuel Langhorne Clemens and Charles Dudley Warner in manner following that is to say

Samℓ. L. Clemens

for himself & Chas Dudley Warner.

Witness:

Ellen Bermingham4explanatory note