Hamlet House
Hammersmith
Nov. 16 1876
My dear Clemens,
Immediately after your cheery letter to Mrs. Conway who found it like a refreshing breeze in her convalescence—she has been quite ill,—came your distressful note of Nov. 2 telling us of Belford’s proceedings. I immediately held a council of war with Chatto, and by the first mail thereafter I send you the result of our cogitations.
Chatto & Windus have had no correspondence or negotiations, verbal or of any sort whatsoever, with Belford or any other publisher. Their proceedings are entirely spontaneous & highhanded.
We considered it best to telegraph Belford yesterday these words:—“Tom Sawyer is English copyright. Chatto.”
You will have probably seen the decision against Belford summarised in the American paper which I enclose to you.—Your lawyer will perhaps know all about the matter, but it seems to me that the only difference in our case, compared with Smiles’, is that I am not a British subject (as Smiles pleaded for himself.) If it were found best to fight Belford from England—seize his printing accounts and make him pay royalty on every copy manufactured and not in stock (which wd include both Canadian & American sales)—your lawyer would have to consider whether it would be too late to vest the copyright in Chatto & fight through him. He is not only a British subject but is already damaged by having his Canadian rights stolen (like Smiles’) Or if this would seem retrospective, or ex post facto, it should be considered whether you ought to re-transfer the copyright to me (through enclosed form) and fight through me as the original owner of the English copyright against whom Belfords’ offense was committed. This would require knowledge whether the British subject point is of any importance, I not being such. [(]I don’t conceive it could be important: I pay taxes to England and have the right to have my property protected.)
I send you a note I have just received from Chatto, who feels strongly on the matter and I am sure may be depended on.
Of course if your lawyer thinks a transfer of copyright would have to be made to Chatto (and a Canadian opinion might be taken beforehand) we should transfer for ‘a consideration’ (which we would somehow make nominal though it ought to be large.[)] This would require a preliminary negotiation.
The form of transfer I send you is simply to have a hand for any emergency.
If I can think of anything else which ought to be said I will write again on Saturday.
I fear Belford would have been sharp enough to take care that all the copies sent ‸across‸ the ‸ [f]rontier to‸ the United States were sold across his counter to parties for whose smuggling he may not be legally liable—even if you can punish an Englishman on his own soil for offences against foreign revenue laws. I fear customs rights depend on the power of the other nation to enforce them.
The case if you prosecute it will be a crucial one, and I hope no misstep will be taken.
We are glad to see a rainbow over the cloud—i.e. your coming visit to England. As I am out of your pistol-range I will send love to Mrs. Clemens.
Ever yours
M D Conway
I really wish you would try & write an article for Chatto’s excellent magazine—‘Belgravia.’ He will print it any month, dictated in time.
[enclosure:]
office of “belgravia”
chatto & windus publishers74 & 75, Piccadilly,London. W. Nov 15 1876
Dear Sir
I observed the point in Mr. Smiles’ case with Belfords respecting his rights as a British Subject.
I think the point is almost too fine for an English counsell to give an opinion upon with so meagre a report to guide him of what really took place at the Toronto court of Chancery. Mark Twains Lawyers must be more au fait than we can be knowing so little as to what has really been done. The Telegram to Belford Bros. that Tom Sawyer is English copyright must strengthen Mark Twains hands—
Had we not made the entries at Stationers Hall for Mark Twain, I think that there could have been no doubt about our right of action against Belfords for selling copies in Canada as an injuring of the us by supplying a market which we had bought of you— It is most seems to be reasonable even now that upon these grounds we could take proceedings*— But I imagine the serious injury to Twain is their flooding the American ma[r]ket with copies—against this no one can stand so well as Mark Twain himself.
*which we would do should Twain or yourself desire it
Yours faithfully
Andrew Chatto.
