Chapter M: N. to Mr. Dane, January 4, 1769

"Saturday I had a letter from Mr. Parry, proposing to come down and arrange with me the preliminaries for (or of) arbitration. I would much rather he should go to you and do it. Still, I fear if I suggest that, it will only occasion further delay, and if I can get any hold on them, perhaps I had better get it. But I don't know what the preliminaries ought to be. Maybe it is nothing in particular, only arrangements as to time, and so forth. Still, if there is anything I should stipulate for, or any boundary lines I ought to draw, or any precautions I ought to take, can you not advise me by letter? If there is any doubt on my part, I shall make no engagements, but say to him frankly, I wish to consult you first, and then I shall come to Athens bright and early, Thursday, and _consult_ you _nolens volens_."

MR. DANE TO M. N., JANUARY 5, 1769.

"A happy New Year to you. My opinion is that Mr. Parry will try to _settle_ matters with you, and have no reference or intervention. If he proposes to arrange a reference, you know what you want and can write it, perhaps, though my honest opinion is you need help. You may call it snubbing, or sneering, or flattery, but my opinion is you are not fit to meet these people in such a matter.

"Hunt fooled you just as he pleased when he went over, and you wrote me quite a penitent letter, which showed a good heart, but a feeble mind! If you arrange for any reference, they should agree to pay you any amount that may be adjudged to be equitably due to you for arrearages of copyright.

"You are [&c.] But as I have told you, there is not a lawyer in Athens who would undertake personally to manage a controversy of this kind, being himself the party, and you are not exempt from the laws of gravitation." ...

VIII.

ARRANGEMENT OF PRELIMINARIES.

AT the appointed time, Mr. Parry presented himself. But instead of proceeding, at once, to settling the preliminaries of the proposed arbitration, he wished to discuss the question at issue to see if we could not settle it between ourselves. I unhesitatingly declined, as I had from the beginning declined to do so. He said he had brought with him the papers and figures to show exactly how we stood. I declined to look at them, telling him that I was entirely incompetent to make a satisfactory examination of such a point, being unsound even on the multiplication-table. He asked if I would not be satisfied, supposing they could clearly prove that I had made more money out of the books than they had. I said not at all, that I had arrived at that point where I did not, in the least, care how much the publishers made; that if other authors had ten per cent., I wanted ten per cent., even if the publishers had to beg their bread from door to door. He seemed a little nonplused at such heartlessness; said he had come prepared to show that they had made only about seven tenths as much as I, and he had supposed that would satisfy me. As I affirmed it would not, he was somewhat at a loss how to proceed. I told him that in the beginning, that--and a great deal less, indeed--would have satisfied me, but that affairs had gone on so long, and feeling been so much aroused, that no sort of explanation would satisfy me; that I wished the matter to go entirely away from ourselves into the hands of unprejudiced and uninterested persons.

[After several months of profound reflection, I will here interpolate a remark which future commentators will please to remember does not belong to the original text, namely: that I do not see why the publisher's profits need be considered as the _ultima Thule_ of an author's. Is it the phantom of a distorted imagination that the author has a far larger property in the book than the publisher? Does it not cost him infinitely more than it costs the publisher? And even leaving the infinite, and coming down to finite matters, are not the fields which the publisher reaps so much broader than the author's one little close, that a far smaller share in the gleanings would give the publisher a far more heaping granary. An author, we will say, publishes one book in a year. His profits are a thousand dollars. But the publisher publishes twenty books a year, on which, in the same ratio, he gets twenty thousand dollars. Suppose five hundred dollars were taken from the publisher's profits and added to the author's. The publisher would still have an income of ten thousand dollars, while the author would have one of only fifteen hundred.]

Mr. Parry then suggested leaving it to Mr. Stanhope, one of my friends, a suggestion which I did not adopt. He asked me if I still continued to prefer that it should be left to more than one person, and I left him no doubt on that point. He then suggested that we should give up the two we had chosen, and select entirely new ones. I assured him that I was not in the least dissatisfied with their choice or my own, and I would prefer to make no change. He suggested that Mr. Rogers was very hard of hearing, and might not be able to act on that account. I asked if he was materially harder of hearing now than when they selected him to settle the case alone. Mr. Parry did not know that he was, and finally consented to go on as we had begun. This, in the telling, does not sound quite straightforward, yet Mr. Parry seemed so frank and fair that I was more than half convinced, in spite of all other appearances, that they meant no wrong. At least I did not see how any one could be conscious of wrong, and yet seem so honest as he seemed. He was certainly entirely courteous, though, perhaps, it is not parliamentary to put that in. One tenth part of his fairness in the beginning would have set my doubts completely at rest. He said--but tenderly enough, as if he loved me à la Isaak Walton--that they lost money on "Holidays," and that the books have not been selling very well for two years past. For all which I am very sorry. Still I remember that Mr. Hunt was always urgent for me to make books. The last two books were published in book form at his suggestion. My first notion was to publish them as magazine articles. The same was the case with "Old Miasmas." They grew into books, and I have just found an old letter in which Mr. Hunt says, "Come out with a bang. The book's the thing in which you will catch the conscience of the public." And again, "A volume by all means." Nothing could be more encouraging, and stimulating, and agreeable than his tone and bearing. I recollect his saying to me, when we were discussing the last book, "You ought to write only books." In a letter of October 23, 1767, he says, "I think you are quite right not to print your Burnet article at present, and I hope your thoughts will grow into a volume to be issued by B. & H., in the spring." In a letter of December 11, 1765, he says, "Your sermon is good, but I hope you will not print it till you put it into a volume. Ask Brother S., your neighbor, if I am not right. If you were here, I could tell you a thousand reasons _why_ your interest would not be served in the printing of this paper in a newspaper or magazine, nor the interest of the reading world, either. I speak as a fool, no doubt, but in your service.

"I hope you will give all your energy and time to 'Winter Work.' A new book from your pen in the spring will help the old ones, and is already asked for by our booksellers in the West and elsewhere."

In short, as I look back, it seems to me that Mr. Hunt's influence--always pleasantly and heartily exerted--was towards the production and not the repression of books. I deeply regret that they have not enriched him to the extent of his desires and deserts, and I should regret it still more deeply had I urged the publications upon him as warmly as he urged them upon me.

Although the firm lost money on "Holidays," this paper shows that they were ready to accept another juvenile book as soon as I told them of its existence. I suppose there is some occult reason for it, known only to publishers; but the carnal mind would naturally infer that having lost money on one, they would be shy of a second venture.

Mr. Parry repeated Mr. Hunt's assertion, that he replied with his own hand to my first letter of inquiry. Mr. Hunt, in speaking of it to me, could not recall the exact time of his writing it, but Mr. Parry said that Mr. Hunt told him that morning, that it was written directly after the reception of my letter. But in a letter written two or three weeks after mine was sent, Mr. Hunt says by his amanuensis, "I have _not_ answered your last letter touching the terms expressed in the contracts." Mr. Hunt apparently labors under the curious psychological infelicity of remembering the letters he does not write, and forgetting the letters he does write.

After Mr. Parry had told me that my books had not been selling well for a year or two, and that they had lost money on them, I hunted up old letters of Mr. Hunt's to see if they would not show that he had urged me to write in the form of books. In doing so I found a letter dated September 23, 1764, from which I make the following extract: "The contract has been delayed for a sufficient cause." (He then gives as a reason Mr. Brummell's absence.) "The percentage will read fifteen cents per copy, as the business times are fluctuating the prices of manufacture so there is no telling to-morrow or for a new edition what may be the expenses of publication, so we reckon your percentage in every and any event as fixed at fifteen cents per volume on all your works. If it should cost $1.50 to make the volumes you are sure of your author profit of fifteen cents. The price at retail may be $1.50, $2.00, or $3.00, as the high or low rates of paper, binding, etc., may be, but _you_ are all right. This arrangement we make now with all our authors."

If I had discovered this letter sooner it would have simplified matters greatly; but I did not find it till this statement had been, as I supposed, finished. I therefore thought best to put it in here, in a sort of chronological order. What I had previously said touching its substance, I said from memory solely. I could not even have declared whether its assertions had been made by pen or lips. But I think it not only fully bears out all that I have alleged, but shows more than my memory had retained or my perception divined. The letter before its close says, "As I write the contracts are reported ready, so I enclose them. Sign both and send back the one marked with red X. You keep one and we the other."

I see now that in case the books _had_ gone up to $3.00, I should have been sure of my author profits of fifteen cents and "all right," even if I had continued on the old terms of ten per cent; but I did not see it then, nor anything else, for that matter. The reasoning of this process is not a little remarkable. Prices of all kinds are changing, therefore your price shall not change. And what kind of percentage is that which is no percentage at all but an unchangeable quantity?

I made direct inquiries of all the authors accessible to me, whose works were in the hands of Messrs. Brummell & Hunt, at or about that time. I received information from some fifteen different persons. With no one of them did Messrs. Brummell & Hunt make the arrangement they made with me. Nine reported receiving ten per cent. Some received half profits. One received twelve cents on a book that retailed at a dollar and a quarter. One said that he received twelve cents on a dollar and a half book and ten cents on a dollar and a quarter. Another that he receives ten per cent. sometimes but not always.

Mr. Hunt often urged upon me the advantage and importance of my writing only for them; so that, with the exception of the "Segregationalissuemost," for which I was writing when I began with Messrs. Brummell & Hunt, I have neither in periodical or book, written for any other house than theirs. It might seem as if this injunction of his, all friendly and judicious as it may have been, did put them under something like an obligation to do as well by me as any other house would do.

When "City Lights" was published, its retail price was a dollar and a quarter, and the first account allows me twelve and a quarter cents a volume. Mr. Parry said that the retail price of the books was changed five or six times after my percentage was changed to a fixed sum. The latter change was made in the autumn of 1764. In a copy of "Rocks of Offense," date 1764, the advertised retail price of all the books is one dollar and a half. "Old Miasmas" was published in the autumn of 1764, and was, from the beginning, sold at two dollars. These are the only prices that I have seen or heard of since the first. Mr. Parry, however, says they have at two different times been held at one dollar and seventy-five cents. I think those times must have been of very short duration, as I never saw those prices advertised, and never knew of their existence. I have inquired incognito of the principal booksellers in Athens and not one of them was aware that the price had ever been put down since it was put up. But, with all the changes, the difficulties of computing percentage can hardly have been insurmountable.

Mr. Parry at this time told me what I did not know before,--that the publishers reserved to themselves in the first contract for "City Lights" fifteen hundred books. The contract specifies only the first edition. I suppose an edition has no prescribed size; but I have never in any other case known more than the first thousand being reserved to the publishers.

"City Lights" was published September, 1762. On the first of December of the same year Mr. Hunt reported that before January it would have gone to a fourth edition. I should like to know if each of those four editions numbered fifteen hundred volumes. What, for instance, was the size of the second edition, or the third?

After careful inquiry I found no one in the "regular line" paying or receiving less than ten per cent., with the possible exceptions I have mentioned. Mr. Dickson was assured by a prominent member of the firm, that the Troubadours never think in any case of offering less than ten per cent. on the retail price, and that in some cases they pay twelve and a half or fifteen. He is confident that there has been no change within the last few years, and that ten per cent. is the current copyright with all reputable publishers, not only in Corinth, but in other cities. He says an instance occurred with one of their writers in which they agreed to pay a certain amount per volume; but as there was an implied understanding that it was so much per cent. on the retail price, the matter was compromised between publishers and author when prices went up.