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Page 42
On the next day he wrote, "I am a careful man, and counted every page I
sent you, and sealed and posted them with my own hand. I am quite
satisfied with the agreement with Rudd & Carleton, if there is to be no
false printer's return. The only thing that makes me a little uneasy is
your apparent confidence that they could not cheat us out of twenty
thousand dollars by this means if extraordinary vigilance were not used.
They can, and will, with as little remorse as a Newgate thief would,
unless singular precautions are used. If I was there I would have a
secret agent in the printing-house to note each order, its date and
amount, in writing. The plates being yours, you have, in fact, a legal
right to inspect the printer's books. But this is valueless. The printer
would cook his books to please the publisher. You can have no conception
of the villany done under all these sharing agreements. But forewarned
forearmed. Think of some way of baffling this invariable fraud. Ask a
knowing printer some way. Do anything but underrate the danger.
"The importance of the work not being the least foreseen, I believe
Rudd & Carleton have 'The Cloister' all to themselves.... Every American
who has seen Ticknors' returns assures me they are false, and
ridiculously so. It goes against my heart to believe it, but everybody
is seldom wrong. My opinion is they will all make a false return if they
can. _Verbum sap._ And now, my dear boy, let me thank you for all the
trouble you have taken in this complicated affair, and assure you that
if I am anxious for a just return it is partly in order that I may be in
a position to take care of _you_. For I am sure if _I_ don't nobody else
will.
"'Nobs and Snobs,' a play, has gone out in Low's parcel. If the managers
will be quick, you can make this copyright by not calling it 'Honor
before Titles'" (the sub-title under which it had been copyrighted in
England). "Then, to bind the thing together, I write a different
conclusion to the second act, and send it you enclosed. It is hasty, but
it will do; and if you can get Jem Wallack to play Pierre, he will do
wonders with the change from drunkenness to sobriety and then to
incipient madness. The only stage directions required will occur at once
to you. Drop should fall on Pierre with a ghastly look, like a man
turned to stone, between the two females. I now close, wishing us both
success in this attempt to open new veins of ore. I have other plays in
manuscript, and one in progress."
On November 9 he wrote under a misapprehension of the terms of an
agreement about which I had written to him, and evinced his usual
anxiety and impatience when anything seemed to go wrong. If, said he,
this and that happens, "Rudd & Carleton can swindle us out of every
dollar. I confess this stipulation terrifies me. If you have not done
so, for God's sake draw a written agreement in these terms. I shall pass
a period of great anxiety until I hear from you. But, for heaven's sake,
a written agreement, or you will never get one halfpenny. These fears
seem ungracious, after all the trouble you have taken. But it is a most
dangerous situation, and not to be remained in a day or an hour. Draw
on Rudd & Carleton as soon as ever you can."
On the 9th of December following he had heard from me again, and found
he was mistaken. He wrote, "I am in receipt of your last, which is very
encouraging. You were quite right to do as you did. Give Rudd & Carleton
no loop-hole. They will soon owe us a good round sum, and will writhe
like Proteus to escape paying it."
On January 17, 1862, he wrote, "It puts me in some little doubt whether
to take your book 'Pilgrims of Fashion' to Tr�bner or Low. Low will sell
more copies if he tries, but he will charge more percentage, and I shall
not be able to creep you in among my own advertisements. However, you
give me discretion, and I shall look to your advantage as well as I can.
To-day I had to argue the great case of Reade _v._ Conquest. I argued it
in person. Judgment is deferred. The court raised no grave objections to
my reasoning, but many to the conclusions of defendant's counsel: so it
looks pretty well.
"As to 'Nobs and Snobs,' I know the theatrical managers: they will not
deal except with thieves, if they can help it. Keep it ten years, if
necessary, till some theatre will play it. You will find that all those
reasons they have given you will disappear the moment it is played in
England, and then the game will be to steal it. Copyright it in your
name and mine, if a manuscript can be so protected, and I will enter it
here in my name and yours.
"Considering the terrible financial crisis impending over the United
States, I feel sad misgivings as to my poor 'Cloister.' It would indeed
be a relief if the next mail would bring me a remittance,--not out of
your pocket, but by way of discount from the publishers. I am much
burdened with lawsuits and the outlay, without immediate return, of
publishing four editions" (of "The Cloister and the Hearth"). "Will you
think of this, and try them, if not done already? Many thanks for the
scrap-book and for making one. Mind and classify yours. You will never
regret it. Dickens and Thackeray both offer liberally to me for a serial
story." (Dickens then edited "All the Year Bound," and Thackeray "The
Cornhill Magazine.")
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