"I am glad you like the costume into which we put your first-born. It
is a handsome baby and will go alone uncommonly early."
So it seems that notwithstanding all the importunities and posturings
of the kneeling scene, Mr. Hunt was unmoved--for it was after the
curtain had fallen on this act that he quietly writes, "I propose same
style as 'City Curate.' Do you like it?" All its pathos had not been
sufficient to keep the act itself in mind. When I first suggested "Sir
Thomas Browne," he agreed at once, but afterwards apparently forgot it
and mentioned "City Curate," as if nothing had before been said on the
subject. Finding then that I wanted the "Sir Thomas," he does not so
much as reply, but simply binds the book according to my wishes. There
is no sign of any objection to it on his part from the beginning to
the end, so that the candid inquirer is at a loss to know why I should
have knelt, except from native humility of spirit and taste for the
suppliant posture--which nobody can deny.
As the ministers remark, "we shall resume this subject in the
afternoon's discourse." I only say here what, _à la_ Ollendorf's
grammar, I had a mind but no time to say to the referees.
After we had all slept upon it and returned to our _moutons_ next
morning, Messrs. Hunt, Parry, & Co. brought in proof to show that I did
know that fifteen hundred books were exempted in the first edition.
This was an account in one of their books in which the exemption
appeared. But in their copy of the accounts sent to me, drawn up by
their clerk for the referees, the latter remarked that no such item
appeared. Messrs. Parry and Markman thought it might be the clerk's
mistake in copying. The referees asked me if I had my accounts with
me. As they had been my literature for sixteen months, I was inclined
to think I had. The original papers were produced and no mention was
found in them of any exempted copies. Mr. Parry said that as the item
was down in the books it must have been put there for the purpose of
sending to me. Mr. Markman thought this particular account might have
been lost in the mail. But the accounts which I held covered all the
time of my transactions with Messrs. B. & H. Mr. Parry thought the
entry in their books would at least show their good intentions.
The second edition of "City Lights" numbered five hundred copies. No
edition was so large as the first, except the eleventh, which numbered
two thousand copies. Another fact came out of which I had not before
been aware, that three hundred copies had been exempted on every book.
These I suppose had been distributed as advertisements.
Regarding the change in payments from percentage to a fixed sum, the
firm claimed that it was made with my full knowledge, understanding,
and consent, as would be proved by Mr. Hunt's testimony. Whereupon
Mr. Parry gave place to Mr. Hunt, who deposed and said--or rather, to
his grief, did not depose, but was obliged to content himself with
saying,--that on a certain time he held a long conversation with me
on the subject of the change, in which he fully explained to me its
nature and necessity. He remembered that at first I was disposed to be
trifling, but he begged that I would be serious, and assured me that
this was a serious matter. He remembered using the expression, that
their house was shaking in the wind. He explained to me over and over
again, to make sure that I understood the state of affairs and the
reasons which necessitated the change, and repeatedly asked me, "Do you
understand this clearly?" and I said that I did, and "Do you assent to
it?" and I answered "Yes." Then, fastening upon me a look--apparently
designed to be penetrating and powerful enough to reach the lowest
depths of duplicity and to wring late confession even from a perjured
soul,--he exclaimed, "I think, M. N., you _must_ remember this."
Of course I was overwhelmed with confusion, but having persisted in
the falsehood so long it was hardly worth while to go down on my knees
to the gentleman a second time, so I received his gaze in silence. In
fact, Mars Hill House witnessed then what the hymn calls "the young
dawn of heaven below," inasmuch as there was silence in the room for
the space of not quite half an hour. It was broken by the referees, who
said that it was perhaps proper to ask me here if I remembered any such
conversation. I said that I did not recollect it. They asked Mr. Hunt
if he had any correspondence which referred to it. He said no, only the
letter of mine which I had myself produced, in which I admitted it. But
he remembered it with exact clearness. He could recall just the sofa on
which he sat. He was so confident that he wished he could take his oath
on it. They asked him whether I happened to be in Athens or whether he
sent for me. He was not sure, but thought he sent for me. They asked
him if in this conversation it was understood that "City Lights" was to
be included in the second contract. He said "distinctly." I asked if
he could define the time when the conversation occurred. He could not,
but it was some time before the second contract was made, and was the
basis of that contract. I asked if he could tell whether it was in the
old shop or the new. He said it was in the new. He did _not_ add, what
would have been a most effective peroration to his speech,--
"I reside at Table Mountain, and my name is Truthful James;
I am not up to small deceit or any sinful games."
This little matter being thus comfortably disposed of, Mr. Parry again
took up the thread of his discourse.
With regard to the change in payment to authors from a percentage to a
fixed sum, he said that such a change was desirable because everything
was changing and uncertain. He reiterated his statement as to the
variations that had been made in the retail price of my books; said
that authors generally did accede to the change; admitted that Mrs.----
had had some difficulty, that her mind seemed to have been jaundiced
towards them, that her sister, Miss----, had examined their books, and
that Mrs.---- had now become satisfied that all was right; that I,
before the reference, neither admitted nor denied that I had acceded to
their proposal, but only affirmed that I did not recollect about it.
He denied that there was any prescriptive custom of paying the author
ten per cent., though as before, he objected to bringing in the modes
of other publishers, as Hunt, Parry, & Co. transacted business on
their own account without consulting others. Which is all very true,
doubtless, yet the prejudiced observer, seeing how much is said about
the great liberality of this firm, can but marvel that they should
have been willing to miss so brilliant an opportunity of contrasting
their own liberality with the niggardliness of those sordid book-men
who publish, not for glory and high emprise, but simply to make money.
Mr. Parry said this also was a reason why the questions propounded to
them by Mr. Dane antecedent to the reference seemed irrelevant. They
were asked to state their income and that from the "Adriatic." But they
might make a great deal of money in outside ways,--by speculating in
butter, for instance,--of which it was not pertinent that they should
give any account. He was asked why, if there was no prescribed custom
to pay ten per cent., they themselves fixed on ten per cent. as the
rate of payment for "City Lights." He said that they were disposed
to be liberal; that there were no fluctuations then; that such a
prescriptive custom may then have existed, he would not say that ten
per cent. was not common, though he did not himself know what was the
custom among other publishers. He was asked why "City Lights" was
not by name included in the second contract if its provisions were
intended to apply to "City Lights," and why the other works were not
also included in a contract. He replied, that it was because a verbal
understanding had been reached; that if they had supposed or intended
any wrong, they would certainly have so included it; that the absence
of contracts was owing to a basis of mutual understanding and verbal
agreements. He was asked if they had any letters bearing on such verbal
agreements, and he said they had not.
He affirmed that the publishers made but insignificant profits on
the books compared with mine; that up to September, 1764, when the
second contract was made, when "City Lights" had been two years out
and "Alba Dies" and "Rocks of Offense" had been published, and "Old
Miasmas" was about to be published, their net cash profit on the books
for these two years had been three hundred dollars. Here they went
into the details of the business with a minuteness altogether beyond
my power to comprehend or report. The referees and themselves carried
on a long discussion about the condition of business in general, and
their business in particular, in 1762, 1764, and subsequently. The firm
foresaw that they should have to advance the retail price of their
books. Everything connected with their business advanced. The price
and quality of paper, the size of books, taxes, interest, stereotype
plates, pro rata increase, press-work, expenses of business,
comparative costs of comparative thinness, if there is any such thing,
number of pounds of paper in thin books and thick books, discounts to
the trade, were discussed with apparent intelligence. I can give only
a few of the mysterious tongues of flames that shot above the level of
the luminous, and still more mysterious corona.
[It will be seen that this part of my paper is like Milton's "fatal and
perfidious bark," in "being built in the eclipse" as well as "rigged
with curses dark."]
The stereotype plates of the nine volumes were estimated at three
thousand nine hundred and fifty-three dollars, ninety-seven cents.
Paper, printing, and binding of about 72,000 volumes $38,422.08
Advertising in outside mediums 1,500.00
Advertising in their own periodicals 500.00
[The latter embraced only _cost_ of paper and printing.]
Government manufacturing tax, five per cent. on sales, October 1764
to July 1766 $1,814.04
Seven per cent. interest on stereotype plates 991.46
Expenses of doing business, ten per cent. on sales 7,061.14
The latter included rent, insurance, clerk hire, packing, store
expenses, business risks and losses, taxes on business-property, except
income-tax, etc. Reckoning up the sums expended they proved beyond
doubt, if there be truth in figures, that their profits were not quite
seven-tenths as large as those of the opulent and insatiable author,
who, in spite of all this inequality was clamoring for more. But they
admitted that, though their expenses had been out of all proportion to
their profits since the rise in prices, their profits had lately "been
_some_ larger than before."
With all due respect to Messrs. Hunt, Parry, & Co., I must still avow
that these estimates are entirely valueless. What would have been of
value was their cost-book, which would have showed what they actually
did pay. This I asked for but it was not produced. They simply made an
estimate. They brought forward not a single voucher. They reckon the
item of advertising at two thousand dollars, but they produced not a
paper to show that they had paid anything. This advertising extended
over several years and embraced advertisements of nine books. Whether
they counted in the three hundred volumes reserved on each book;
whether they counted in the advertisements of every book advertised
and issued simultaneously with mine, on what basis they did calculate,
or what sums they did pay, I have no means of knowing, except their
assertion.
In the same way they make their estimate of the cost of paper and
press-work; but that it is anything more than an estimate, that it
represents the actual sum which they paid to printers and binders,
there is no proof. From the fact that I asked for their cost-book, and
that it was not produced, I infer that it does not represent that sum,
notwithstanding the laudable accuracy involved in the eight cents.
Again, having set down a certain sum for the cost of the stereotype
plates, for the interest of that money, for the paper and press-work,
for the advertising and taxes, they bring in a grand finale for the
expenses of doing business. That is, having charged once for the items
specifically, they lump them together and charge for them all over
again abstractly. For what is the advertising and the taxes but a part
of the expenses of doing business? Why could not everything except the
raw material of the book be classed under the head of doing business?
What is there to a book but the book itself and the publication of it?
And why again should interest be charged on the sum paid for stereotype
plates any more than for that paid to the printer and binder?
[Since the reference I have showed their statement to several
publishers, and am assured that any person whose correct accounts
should stand thus is unfit for the business, and that the profit on
those books is from four to five times as much as Messrs. Hunt, Parry,
& Co. represent it.]
But, even supposing all these figures to be correct, it will at once
be seen that the publishers set off their own net profits against the
author's gross receipts. Having charged for every item of their own
expense in producing the book, and for some of them twice over, they
make no allowance whatever for the author's having been at any expense
in his part of the production. What the publisher gets after every
expense is paid is set over against what the author gets to pay every
expense with. But the publisher's profits, according to their showing,
are only about one tenth of his gross receipts. What then is the
author's share of what may truly be termed profits? Or is the author's
share in the production of the book to be considered as of no pecuniary
value?
The remainder of the case, as presented by Messrs. Hunt, Parry, & Co.,
will appear, to the best of my ability, in the written reply presented
to the referees and here subjoined. It must not be forgotten that one
is always liable to misrepresent an opponent's case. I labor under
the additional disadvantage of possessing a natural aptitude for
"conspicuous inexactness" perfected by long practice. This innate
depravity is, however, held in check at the present crisis, by the
consciousness that I am reporting what took place in the presence of
five persons, of whom three were on the other side, and two on neither
side, so that any lapse from truth would be speedily detected. With
such vigor does Providence barricade our weaker virtues!