Washington drew on the publisher[666] and wrote Wayne that "the disappointment will be very great if it is not paid." In December, 1804, Wayne sent the first royalty. It amounted to five thousand dollars.[667]
Our author needed money badly. "I do not wish to press you upon the subject of further remittances but they will be highly acceptable," Washington tells Wayne, "particularly to Mr. Marshall, whose arrangements I know are bottomed upon the expectation of the money he is to receive from you."[668] In January, 1805, Wayne sent Washington another thousand dollars—"which I have paid," says Washington, "to Mr. Marshall as I shall also do of the next thousand you remit."[669] Thus pressed, Wayne sends more money, and by January 1, 1805, Marshall and Washington have received the total sum of eight thousand seven hundred and sixty dollars.[670]
Toward the end of February, 1805, Marshall completed the manuscript of the fourth volume. He was then in Washington, and sent two copies from there to Philadelphia by Joseph Hopkinson, who had just finished his notable work in the Chase impeachment trial. "They are both in a rough state; too rough to be sent ... but it was impossible to have them recopied," Marshall writes Wayne. He admits they are full of errors in capitalization, punctuation, and spelling, but adds, "it has absolutely been impossible to make corrections in these respects."[671] This he "fears will produce considerable difficulty." Small wonder, with the Chase trial absorbing his every thought and depressing him with heavy anxiety.
Marshall's relief from the danger of impeachment is at once reflected in his correspondence with Wayne. Two weeks after the acquittal of Chase, he placidly informs his publisher that the fifth volume will not be ready until the spring of 1806 at the earliest. It is "not yet commenced," he says, "but I shall however set about it in a few days." He explains that there will be little time to work on the biography. "For the ensuing twelve months I shall scarcely have it in my power to be five in Richmond."[672] Three months later he informs Wayne that it will be "absolutely impossible" to complete the final volume by the time mentioned. "I regret this very seriously but it is a calamity for which there is no remedy."
The cause of this irremediable calamity was "a tour of the mountains"—a journey to be made "for [his] own health and that of [his] family" from which he "cannot return till October." He still "laments sincerely that an introductory volume was written because [he] finds it almost impossible to compress the civil administration into a single volume. In doing it," he adds, "I shall be compelled to omit several interesting transactions & to mutilate others."[673]
At last Marshall's eyes are fully opened to what should have been plain to him from the first. Nobody wanted a tedious history of the discovery and settlement of America and of colonial development, certainly not from his pen. The subject had been dealt with by more competent authors.
But the terrible years following the war, the Constitutional period, the Administrations of Washington and the first half of that of Adams, the decisive part played by Washington throughout this critical time of founding and constructing—all these were virgin fields. They constituted, too, as vital an epoch in American history as the Revolution itself. Marshall's own life had been an important part of it, and he was not unequipped to give it adequate treatment.
Had Marshall written of these years, it is probable that the well-to-do Federalists alone would have purchased the thirty thousand sets that Marshall originally counted on to be sold. He would have made all the money he had expected, done a real public service, and achieved a solid literary fame. His "Life of Washington" might have been the great social, economic, political, and Constitutional history of the foundation processes of the Government of the American Nation. His entire five volumes would not have been too many for such a work.
But all this matter relating to the formative years of the Nation must now be crowded between two covers and offered to an indifferent, if not hostile, public—a public already "disgusted," as the publisher truly declared, by the unattractive rehash of what had already been better told.
Wayne again presses for a change in the contract; he wants to buy outright Marshall's and Washington's interests, and end the bankrupting royalty he is paying them: "If you were willing to take 70000$ for 30000 Subs I thought it would not be deemed illiberal in offering twenty thousand dollars for four thousand subscribers—this was two-sevenths of the original sum for less than one-seventh of the subscribers contemplated." Wayne asks Marshall and Washington to "state the lowest sum" they will take. Subscriptions have stopped, and in three years he has sold only "two copies ... to non-subscribers." But the harried publisher sends two thousand dollars more of royalty.[674]