A History of the African-American People (Proposed) by Strom Thurmond (5 page)

8. Author’s Indemnity of Publisher

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.

O
FFICE OF
S
ENATOR
S
TROM
T
HURMOND
217 R
USSELL
S
ENATE
B
UILDING
W
ASHINGTON
, 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.

S
IMON
& S
CHUSTER
, I
NC
.
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

P
UBLISHING
A
GREEMENT

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

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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 Publisher in form, content, and substance.

4. Permissions, Index, and Other Materials

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