Publisher Author
Reginald Hines, Simon & Schuster Strom Thurmond
OFFICE OF SENATOR STROM THURMOND
217 RUSSELL SENATE BUILDING
WASHINGTON, D.C. 20515
July 22, 2002
Mr. Martin A. Snell
Senior Editor
Simon & Schuster
Dear Mr. Snell:
I seem to have created a great many false impressions in my time, but your response takes the cake. Still, as a man of business, I am prepared to overlook what is really a stupefying number of quite preposterous inferences you have made and proceed as if they had never reared their heads over the top of the basket, writhing baby kittens struggling to get out.
Yes, Mother was a doozey, that’s for sure. She provided me with what she called “a warm breast and a sheltering wing.” She meant well, Mother, but she was erratic in her breast and wing work. She would, without notice, show up at school and sit at the next desk, stroking my knee. If no desk were available, Mother would take to the floor, legs and dress akimbo. “Embarrassment” is not the word for what I felt, but neither is “comforted.” By the 8th grade, mother had grown proportionately as I had, doubling in size every 5-6 years, while still offering me her warmth at, how shall I put this, inopportune times and inappropriate places: pep rallies, dances, tag-day sales, hayrides. Misplaced parental zeal, I guess you could say, though which of us is anxious to hurl that particular rock first?
You ask about my “exact position” vis a vis this project. Let me say, first, that any editor who regards “vis a vis” as expressive prose does not inspire confidence. And what is the force of “exact” in “exact position”? Do you suspect that I would give you only an approximate idea, a hint, a distant sniff? Do you suppose I would lie? Perhaps I might say I was the Senator’s great aunt! You never know, do you? Well, you ought to know; and if you do not, perhaps another publishing house would.
As I have said several times, I am advisor to the Senator and deeply entwined with his inmost thoughts and passions. What’s not clear about that?
The contract you send says nothing about (a) film rights, (b) an advance, (c) translation opportunities, (d) expert scholars and writers (at least some of whom must surely be African Americans themselves) to work with the Senator on this project. This will be the Senator’s work, of course—how could it be otherwise? To assure that it is, we (you) will assemble a team to bore deep into the subject, as it were, and into the Senator as well. What will emerge will be of profit to you, in a sordid sense, and to the Nation, in a larger sense.
The book will be finished inside six months. You have my word on that.
So, send a new contract and some suggestions on writers and scholars (some authentically black) and we will, as you put it, “move.”
Devotedly,
Button
p.s. The historical and intellectual value notwithstanding, I would be remiss not to mention the marketing opportunities screaming from the bowels of this project. For example, the promotion of a Strom doll (tasteful), a dream I have long held to and a design of which I have prepared. You should hear what it says when I pull the string.
p.p.s. I will need a number of copies, gratis as you say: I expect friends to form round me as a result of this work. Providing them with a copy, signed and free, would be graceful.
SIMON & SCHUSTER, INC.
1230 Avenue of the Americas
New York, NY 10020
July 29, 2002
Mr. Barton Wilkes, Esq.
Advisor
The Hon. Strom Thurmond
Dear Mr. Wilkes:
Just as you say.
Here is a revised contract. You will see that it covers the issues you raise.
As for the team you wish to assemble: of course we have no objection to this, and I would think the Senator would be the one best situated to name those he would most like to work with and proceed to employ them. Are you seeking advice from us as to writers and scholars?
I assume that you do indeed wish us to provide names. To save time, I am glad to do so right here and now. Here’s what we think: you need to latch onto a first-rate African-American writer, historian, or scholar. Then ask him/her with whom she/he would like to work. Perhaps one person would suffice, though it’s hard to find all that in one—a writer, scholar, and a black.
Let’s take the last term first, a black. How can I put this without offending you? Perhaps I cannot, so I’ll just blurt it out. Not too many eminent or even competent blacks will leap to the chance to work with Senator Thurmond on this project. As you know, those few blacks who are, like the Senator, Republicans are, not to mince words, craven, pathological, or more or less thoroughgoing nincompoops. That causes a problem.
There are, however, a few black writers who seem impervious to politics of any kind, may be more or less unaware of political energies, as I might put it. But even these will know and have some views on Senator Thurmond. No need to go into details here. But you see the difficulty. After several meetings with our full staff and the help of my advisor, whom you know, we could come up with but one name that would seem likely for your purposes—Percival Everett. He has what you want: he is experienced, virtually unknown, and black. What’s more, we think he’ll do it. He’s at a University too, so he’ll be able to call on scholarly help.
Tell us what you think and also what sort of advance you had in mind. Do you want us to approach Mr. Everett? If you do, please let us know the terms Senator Thurmond intends to propose to him for such assistance.
Sincerely,
Martin
SIMON & SCHUSTER, PUBLISHERS
PUBLISHING AGREEMENT
Recitals
This publishing Agreement (“the Agreement”) is entered into as of May 30, 2001 (“the Effective date”) by and between Simon & Schuster, Publishers, 1230 Avenue of the Americas, New York, NY 10020 and Strom Thurmond, an individual, Russell Senate Office Building, Pennsylvania Avenue, Washington, D.C., concerning a work presently titled A History of the African American People and not described as yet to be either a factual accounting, social commentary or fictional reenactment of some era, portion of time or reflection of attitudes about or concerning people of African descent on the continent of North America.
1. Grant of Rights
Author, on behalf of himself and his heirs, executors, administrators, successors and assigns, exclusively grants, assigns and otherwise transfers to the Publisher and its licensees, successors and assigns, all right, title and interest in and to the Work, throughout the world, in perpetuity, and in any and all media and forms of expressions now known or hereafter devised, including but not limited to all copyrights therein (and any and all extensions and renewals thereof) for the full term of such copyrights, and all secondary rights therein.
2. Copyright
Publisher shall, in all versions of the Work published by Publisher under this Agreement, place a notice of copyright in the name of the author in a form and place that the Publisher reasonably believes to comply with the requirements of the United States copyright law, and shall apply for registration of such copyright(s) in the name of the Author in the United States Copyright Office.
Author shall execute and deliver to Publisher any and all documents that Publisher deems necessary or appropriate to evidence or effectuate the rights granted in the Agreement, including but not limited to the Instrument of Recordation attached hereto as an Exhibit to this Agreement.
Nothing contained in this Section shall be construed as limiting, modifying or otherwise affecting any of the rights granted to Publisher under this Agreement.
3. Manuscript
Author agrees to deliver to Publisher, not later than one year from the date of this contract (“Initial Delivery Date”), two (2) double-spaced, complete copies of the Work in the English Language (“Manuscript”), which Manuscript shall be of an undetermined length but be understood to meet the expectations of Publisher and shall be acceptable to Publ
isher in form, content, and substance.
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6. Termination for Non-Delivery
If Author fails to deliver the Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions, and/or other materials required under this Agreement, and/or any revisions and corrections thereof as requested by Publisher, on dates designated by Publisher, or if Author fails to do so in a form and substance satisfactory to Publisher, then Publisher shall have the right to terminate this Agreement by so informing Author by letter sent by traceable mail to the address of Author set forth above. Upon termination by Publisher, Author shall, without prejudice to any other right or remedy of Publisher, immediately repay Publisher any sums previously paid to Author, and upon such repayment, all rights granted to Publisher under this Agreement shall revert to Author.
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Author represents and warrants to Publisher that: (i) the Work is not in public domain; (ii) Author is the sole proprietor of the Work and has full power and authority, free of any rights of any nature whatsoever by any other person or collection of individuals, to enter this Agreement and to grant the rights which are granted to Publisher in this Agreement; (iii) the Work has not heretofore been published, in whole or in part, in any form; (iv) the Work does not, and if published will not, infringe upon any copyright or any proprietary right at common law; (v) the Work contains no matter whatsoever that is obscene, libelous, violative of any third party’s right of privacy or publicity, or otherwise in contravention of law or the right of any third party, or material offensive to the sensibility of any person or persons who may deem their right to fair representation compromised; (vi) all statements of fact in the Work are true and are based on diligent research; (vii) all advice and instruction in the Work are safe and sound, and is not negligent or defective in any manner; (viii) the Work, if biographical or “as told to” Author, is authentic and accurate; and (ix) Author will not hereafter enter into any agreement or understanding with any person or entity which might conflict with the rights granted to Publisher in this Agreement.
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Author shall indemnify, defend and hold harmless Publisher, its subsidiaries and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents, representatives, friends, family members and acquaintances from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions (“Claims”) based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, and expenses (including attorneys’ fees and costs) in consequence thereof.
9. Review by Publisher’s Counsel
Notwithstanding any other provision of the Agreement, Publisher shall have the right, but not the obligation, to submit the Work for review by counsel of its choice to determine if the Work contains material that is or may be unlawful, violate the rights and/or civil rights of third parties, or violate the promises, warranties, and representations of Author set forth in this Agreement. If, in the sole opinion of the Publisher or its Counsel, there appears to be risk of legal action or liability on account of any aspect of the Work, then Publisher may, at its sole option, (i) require Author to make such additions, deletions, modifications, substantiation of facts, disclaimers or other changes to avoid risk of legal action or liability; or (ii) terminate this Agreement without further obligation, and Author shall be obligated to repay all amounts advanced by Publisher.
10. Right to Withdraw
Publisher shall have the right to withdraw its offer of Agreement at any time prior to or after the delivery of the Manuscript.
IN WITNESS WHEREOF, Author and Publisher have executed this Agreement of the day and year written above.
Publisher Author
Reginald Hines, Simon & Schuster Strom Thurmond
OFFICE OF SENATOR STROM THURMOND
217 RUSSELL SENATE BUILDING
WASHINGTON, D.C. 20515
August 3, 2002
Dear Martin,
Never heard of Everett. How can his being unknown be of advantage?
$150,000.
You will pay the team of writers/scholars/blacks, not us.
Barton
SIMON & SCHUSTER, INC.
1230 Avenue of the Americas
New York, NY 10020
August 13, 2002
Dear Barton,
His being unknown will not prejudice the readership one way or another. Imagine Condi Rice doing the ghost-writing here. There’d be no reason for anybody to read it, as they’d know in advance what it’d say. Everett is the man. And, you know, he’s not absolutely unknown, but is, rather, a kind of coterie writer, i.e., a writer who has a loyal, if small, following.
$5,000.
We’ll pay Everett and one other, but on our terms.
Martin
OFFICE OF SENATOR STROM THURMOND
217 RUSSELL SENATE BUILDING
WASHINGTON, D.C. 20515
August 17, 2002
Martin,
OK on Everett. I have, for quite some time, known what coterie means, but am grateful, hun, for your explanation.
$20,000.
Bart
SIMON & SCHUSTER, INC.
1230 Avenue of the Americas
New York, NY 10020
August 21, 2002
Barton,
$2,500.
Martin
SIMON & SCHUSTER, INC.
1230 Avenue of the Americas
New York, NY 10020
August 28, 2002
Dear Barton,
Thanks for the signed contracts. I th
ink our agreeing on the $2500 presages a smooth voyage ahead. Not too much and not too little, like a well-crafted haircut. (Very hard to come by these days.) We’re eager to watch as this progresses and offer any assistance we can provide to the project.
We have not yet heard from Mr. Everett but expect to soon and will relay his message to you, asking then that you establish the working relationship that seems to the Senator most efficient and useful.
Oh, one other detail. We notice that the Senator’s signature is stamped in rather than signed. I expect the Senator, busy man that he is, often makes use of such a stamp. However, we really do need the actual signature on a binding legal document, you know, and I hope you will bring this to the Senator’s attention. We have enclosed fresh contracts for his signature.
All best wishes.
Cordially,
Martin
OFFICE OF SENATOR STROM THURMOND
217 RUSSELL SENATE BUILDING
WASHINGTON, D.C. 20515
August 30, 2002
Dear Martin,
Here ya go, bud!
Bar-bar
IN WITNESS WHEREOF, Author and Publisher have executed this Agreement of the day and year written above.
For Cindy, With Love, Strom
Publisher Author
Reginald Hines, Simon & Schuster Strom Thurmond
OFFICE OF SENATOR STROM THURMOND
217 RUSSELL SENATE BUILDING
WASHINGTON, D.C. 20515
August 28, 2002
Dear Juniper,
If I am not mistaken, the ball is in your court.
I am somewhat astonished at the long delay. No, not somewhat, wholly astonished, tip to toe.
Are we rooting for different teams?
Yours,
Blanton (ha ha)
Roman? Reynard? Rilke? Raz?
A History of the African-American People (Proposed) by Strom Thurmond Page 3