Stephen Austin to Unknown, 01-10-1801

Summary: Concerning the business of Stephen and Moses Austin in Virginia.

Account in the Settlement at 3666 D 66 C with the expressed conditions if M A did not repay that sum in twelve months then I was at Liberty to sell them for cash for what they would bring which if had been done would have sacrafisd full half the sum the lands was charged me at I am therefore willing to allow the price the Gentlemen aprised them at I therefore request Mr. James and Charles Austin to Credit M Austin's private acct with the Value of the remaing Lands as apprised but first deducting the overcharge on Benghams bottom and Newfield place I have requested Jas and Charles Austn to state the Acct of all the particulars taken by M A as well Cash as what was taken by Kendal on his first trip west and other things and if there is any over or short charge to add or deduct such sum from this Acct which when all this is done will no doubt Leave due me about the sum of 12000 Dollars a sum every Dollar of which I have actually paid out of my private Pocket and it is a sum justly due me from M A for the statement I have made is in Equity and Good Conscience and as God is my Judge I have made it as if under the most Solem Oath to do justice between M A and myself and although he may think it hard to be charged with the Loss on the Estate of Merril and Austin still it is much harder that I had all the trouble of doing all the business after Mr. Merrils Death which took me sum years to close nor on the Money advanced for the Estate am I allowd one Dollar Expence nor Interest on the Money besides all which I was arested in England for their debt only and thrown into prison and at last holden on bale 2 years and 4 months besides all the costs of the suit at least one hundred guinas—M A may also think hard to pay part of my Expence during this time but it is just he should be charged with the half though I have charged but one third because he advised and Consented to my going to England to make sale of the Lead Mines and which I actually did sufficiently Effect to the Amt of £8400 sterling if he had effected the incorporation of the Company besides this Acct there is still and ought to do me Justice be settled and for which I now hold his obligation at the expiration of the partnership in 1800 to be adjusted the following Acct (Viz) M A and C° Acct due S A 12647 Dollars 65 Cents due him more than 10 years the Interest of which for this time was to be left to arbitration to three men Chosen by us both the Opinion of any two to be binding on in besides this Acct there is M As private Acct while at Richmond his family Expences for Seven years to defray which by an agreement in the partnership he was to be Allowd 5 pet on all actual Sales to support his family but the money and Goods charged his Acct by himself in his own books Amts to double the commission and leaves him in debt to the Company as appears by his books now in my Possetion more than 2000 Dolls which belongs to his private Acct and to be charged as such besides this his private Acct in the books at the L Mines more than 2000 Dollars also to be Acct for to me besides this there is small Accts in the book to be charged him Acct of Cash pd his Brother and Sisters in law but which now stands charged to them (Viz) Joseph Rebecca and Peggy Brown in a just settlement of all these things still a Large sum would be due me for against them there is no charge M A can possibly bring Except sum Small private Acct in the L Mine Books as in the Richmond Books Everything was charged S A and C0, and in those Accts was settled who ever will take the trouble to Look at these Accts with these observations will be able to Judge with what Justice or propriety M A should object to the whole of the property at the L Mines being applyd to the discharge of so Large a debt due me and which although I have credited at the Apprisment can by no means be turned into Money these Objections it must by All who are made acquainted with the Circumstances be Considered as improper and unjust when it is to be considered that every shilling that can now be Scraped up from the wreck of the affairs which M A left behind will not pay me ten shilling on the pound of the just balance due me from him I have made this remark not only for the perusal of M A and J A but as far as it may be Necessary to be made publick in case M A or J A or any other person for him should persist in objecting to the Sale of Negroes and all other of the properties formerly belonging to the Company of M A and Co but now the property of Charles Austin by Legal Sale made to him by me whose Sole legal Right to the property no power can anul or dispute as to M A holding the bill of Sales of the Negroes which was purchaced of Mr. Epps of Petersburgh I need only observe that I now hold the Bond given Mr. Epps for the Negroes every dollar of which I paid my self and have always been in possfession of all of them untill I sold them for which M A has full Credit for his proportion of them in the Acct of M A and C° within stated as Pr Apprisement.

S Austin

A copy of the Original