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Contract for the American Publishing Company Gilded Age

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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):

We have received from S. L. Clemens the Mss. for book contracted for in contract dated Dec. 29—1870—& also recd from S L Clemens & C Dudley Warner, the Mss for book contracted for in contract dated May 8. 1873—& we have endorsed the receipt by us of same on the respective contracts—

There is no contract existing between S. L. Clemens & the Am. Pub Co. for a book or books, made prior to the latest above mentioned dates, on which the mss. contracted for has not been delivered to us.

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.

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