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To Caleb Parry Wayne

Dear Sir

Your letter of the inst came to hand in course of the mail, but as I had to write to Mr Marshall & to await his answer, I have not been able sooner to acknowledge it. – The complaints which you mention on account of the delay in the publication, give me great pain, particularly as it is unavoidable, and were the subscribers still more clamorous than they are, the work could not go on faster. If they had any conception of the labour & time required to examine many trunks of papers, they might perhaps be more considerate, tho' of this I should doubt. Our interest & my feelings afford motives for industry which nothing can add strength to, & therefore I shall not permit myself to be distressed or vexed by the clamours of those who cannot be competent Judges of the subject. –

You know by this time that Judge Marshall's son carried on for you the copy of the 1st. vol. of a duplicate for Morgan; but as no definitive agreement has been made with Morgan, I wrote to Mr Marshall to hold up both Copies until he should hear further from me. Morgan was kind enough to enclose me a contract which upon examination I found to be altogether inadmissible. I write him by this post and enclose one more consonant with my intentions, and his acceptance or refusal of it must conclude the bargain or do it away altogether – I shall be perfectly satisfied either way, for though he offers a very inferior price, it is better than getting nothing for it. –

Mr. Marshall states in his last letter that it will be impossible to carry on the work with so much rapidity as you or me wish. He thinks you might go on in the expectation of recieving the 2d vol. in May & the 3d in the next autumn. As to the subsequent volumes which will embrace the civil administration he will not venture to give any opinion when they will be ready, but he thinks you might part with your workmen after the 3d vol. is compleated & commence the first volume so as to compleat it by the 1st. of June. As we all concur in opinion that the first should not appear until the 2d is ready or at least in the press, I think you ought not to have any interval between the two. – This you can arrange after ascertaining how long it will take to strike off the 1st. vol. & get it ready for the book binders, and it will be necessary for you to state to me on what day you would wish to recieve it, that directions may be sent to Mr Marshall to deliver a duplicate at the same time to Mr Morgan, if our bargain should be concluded. –

I wish you would in your next enclose me a proper assignment of the Copy right of this work to you so as to enable you to take out a Certificate from the clerk of the District Court in your own name. I have no forms by me of such a deed & might possibly make some mistake in it. The Conveyancer fee I will pay you when we meet. –

Before you commence the publication you will no doubt obtain good advice as to the necessary steps which you are to pursue to secure your right, for there will be people enough ready to take advantage of any slip you may commit. –

I do not now recollect whether I have ever answered your letter respecting a purchase change of the contract to a specific sum. If I have not I need only say that it is not our wish to make the change, and at any rate we could not think of doing so for the sum you mention. Your request that I would bind Morgan in such a way as to prevent him from violating your right I have [attended] considered and would comply with if the thing were practicable. As to the U.S. the law forbids his violating your Copy right and imposes a sufficient punishment upon such offenders as to prevent it. Few men would be hardy enough to attempt it, for so small an inducement. – They would hardly sell, when this Country was full of your publication & most men perhaps who would buy engaged by previous subscriptions. – But even if it were of consequence to bind Morgan, we could not prohibit others from doing the same thing if they were hardy enough to do so in the face of so penal a law. – I am dear Sir very sincerely yrs              

Bush. Washington

Source Note

ALS, PHi: Dreer Collection