Stephen F. Austin to Joseph H. Hawkins, 11-14-1821
Summary: Hawkins advances $4,000 and becomes partner with half interest in profits from colonization.
That whereas a contract was heretofore entered into between the parties hereto, The said Austin acting for and in behalf of his father Moses Austin, and in virtue of authority from him, whereby the said Moses Austin by his agent and son, covenanted and agreed to sell, and did sell to Jos. H. Hawkins one equal half part of all lands granted by the Spanish govt to said Moses Austin in the province of Texas, together with one equal half part of town lotts, emoluments, profits, monies or effects derivable by the settlement and sale of the lands and lotts so agreed to be settled by said Moses Austin, and whereas since the death of said Moses Austin the Spanish govt in Texas have confirmed to said S. F. Austin the grant of lands originally contemplated to be granted his father, the said Stephen F. having resolved to effect the Settlement and carry the grant into execution upon the same principles stipulated and agreed by his said deceased father and whereas the consideration to be paid by said Hawkins to said Moses Austin was the advance of the monies necessary to defray the expences incured in obtaining said grant. And which have been already advanced by said Hawkins and the parties hereto covenant and agree as follows.
The said S. F. Austin hereby acknowledges to have recd from said
Hawkins the sum of Four thousand dollars in full of all monies to
be advanced by him under this contract, or the contract before
referred to, made by said S. F. Austin under the direction and
authority of and for his father as aforesaid, And for and in
consideration of the said sum of four thousand dollars so paid by said
Hawkins, the said S. F. Austin doth hereby for himself and the other legal
representatives of his said Father covenant and agree, that after
meeting the necessary expenses of surveying the said Hawkins shall
be entitled to and receive one equal half part of the monies, effects,
property and profits arising from the sale of lands, lotts, or from
any other sources growing out of the grant of lands before referred
to, or the settlement thereof, And all lands lotts and other property
And it is furthermore covenanted and agreed by and between the parties hereto that a joint and equal copartnecy is established between said S. F. Austin and said Hawkins in all matters and concerns touching the lands to be granted to them or either of them, or touching the emoluments or profits claimable from said Grant of lands or to the sale or settlement thereof, and all other purposes and objects in which they may embark in said province of Texas.
The said Austin furthermore covenants and agrees to cause as many individual grants of lands to be made to said Hawkins and himself and to such persons as they shall name as can be obtained from the proper and legal authority in said province of Texas, and in all lands, granted to said Austin and Hawkins either party is at liberty to consider himself a joint owner should he elect to do so.
In embarking in objects requiring additional disburcements of monies or monied responsibilities it must be done by joint and mutual consent.
Witness our hands and Seals this