Revised Contract for Diamond Mine Book
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.
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 1
[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
Explanatory Notes | Textual Commentary
Source text(s):Previous publication:
L5, 631–33.
Provenance:see Mark Twain Papers in Description of Provenance.
Emendations and textual notes:
Diamond • Dia‸|mond
no wise • [possibly enclosed by single quotation marks]
