Moses Austin to Unknown, 04-22-1821

Summary: Form of contract drawn by Moses Austin for preliminary emigrants.

Know All Men by these Presents [that where] as Moses Austin is about to commence [a settlement at the mouth] of the River Colorado near the bay [of San Bernardo in] the province of Texas. Which said s[ettlemen]t is made under the protection of the Span[ish Gover]nnemt and whereas, the said Austin cont[empla]tes taking with him from twenty-five to [thirty per] sons and to commence said establishment.

Now, that the conditions and compensations to be allowed to each and Every person emigrating with the said Austin to the province of Texas may be fully under[stoo]d, the following Conditions are agr]eed on [be]tween the parties to this [agreement.] On the first part it is [agreed that each] and every person ma[king himself a party to this] agreement by [placing his name] and seal thereon shall [sometime during] the month of May place [himself under the] directions of the said Aus[tin and as] soon [as] a vessell is provided sh[all go on] board [the] same and proceed to the mouth of the River Colorado and on the arrival of said persons they will remain in the imploy of the said Austin untill the [first day of Jan]uary Eighteen Hundred [and twenty-two] and [they] further agree to assist [him in building] a House and inclo[sure and in building] a good stockade and block House and to cultivate and fence [a piece] of untimbered Land in Corn [each] and [gather the crop] into Corn houses. Each [and every] person agrees [to] furnish himself with a Spanish [carbi]ne for the defence of the establishment and to [conduc]t himself as becomes a go[od] Citizen To conduct himself as a faithfull subject towards the Spanish King and Constitution so long as he remains under the Government.

Now in Consideration of the above services which are to be rendered in good faith by each person [be] coming a party to this agreement it is agreed by the said [Austin on] his part that he will [fur]nish [a vessell pro]per for transportation of persons and [pro- visions from New] Orleans to the Bay of San [Bernardo near the mouth] of the Colorado and [fur]nish [provisions for the] Voyage [and] untill the first day [of January Eighteen] Hundred and Twenty Two for the use [of every] person emigrating [with] him [and to furnish] farming tools oxen and mules for the [said establishment with every Article necessary [for] Executing the objects of this adventure all of which provisions and Tools shall be at the proper expence of the said Austin together with the expences [of] each emigrant from the [time] he enters [on board] the vessell at New Orleans and the said Austin [further] agrees to obtain free from all [expences six hundred] and forty acres of Land for each emigrant to be located [within] the survey of the said Austin [he to run the] lines of his survey as [may be necessary to secure the] object of the Emigrant and to prevent [mis]understanding between the parties it is [clear]ly understood that lotts shall be drawn from Number One to thirty by which lott or number drawn Each person shall make his choice of Land the said Austin first reserving to himself six Hundred and forty acres and for each of his family. It is further agreed that the said Austin [shall furnish] five b[ush]ells of corn from the ... to each emigrant for his proper [maintenance which] shall be delivered at or [before the first day of] January eighteen Hundred and twenty two [when called for] and lastly [it] is clearly [understood] and agreed that on the due execution [of this agreement] each party shall be discharg'd from the [penalty of] all clai[ms] [accru]ing out of this agree[ment] In (testimony to which we the undersigned have [placed] our names and seals

April 22d 1821

Moses Austin (SI)

Thomas C— (SI)

James [Austin] (SI)

[The names] herewith annexed are to be [considered as par] ties to the with [in] agreement

Samuel Smyth (SI)

Benjm. Harwood (SI)

James Redgway (SI)

Stephen Cooper (SI)

Thomas Cooper (SI)

John Neff (SI)

Moses Austin to John Metcalf: Power of Attorney.

Know all Men by These Presents, that I Moses Austin of the Town of Herculaneum County of Jefferson and State of Missouri have made constituted and appointed and by These Presents do make constitute and appoint John Metcalf of the Town and county afore said my true and lawful Attorney for me, and in my name and for my own proper use under my direction and through my order and for my sole behoof and interest to ask demand, sue for, recover and receive of and from the persons indebted to me by note open account judgments or in any other way, as specified and enumerated in the list or schedule hereinto annexed all or any parts of such sum and sums of money as the said list describes and of the persons thereon named which said list of enumerated debts is confirmed by my books of accounts against the persons so named And for the recovery of said demands, debts and dues or any part or parts thereof which may be and are now due or may become due to have take and use all lawful ways and means in my name or otherwise and to grant acquittances and discharges for the same debts or any parts thereof and for me and in my name to make seal and deliver such discharges upon the actual receipt of the said debts so enumerated or any part or parts thereof And to do all other lawful acts and things whatsoever concerning the premises as fully in every respect as I myself might or could do were I personally present at the doing thereof and attornies under him for the purposes aforesaid to make and again at his pleasure to revoke; ratifying and confirming and by these Presents allowing whatsoever my said attorney shall on my name lawfully do, or cause to be done in and about the premises, by virtue of these presents

In Witness whereof I have hereunto sit my hand and seal this the ninth day of May anno Domino Eighteen hundred and Twenty One

Moses Austin [Rubric]

Signed sealed and acknowledged before us test

John Geiger

J Bryan [Rubric]


Balance of Accounts Due Moses Austin

George Simpson_______________________________________ . 50 James Staples's Estate________________________________ 67. 55 John W. Buckner________________________________________ 1. 37 1/2 Elijah Butler_________________________________________ 1. 94 1/4 Jonathan M. Ditch, Near Kaskaskia______________________ 5. Francis Murphy, Near Green's Ferry, Illinoice__________ 73. 95 Thomas Brock, on Mortgage—Washington County___________ 858. 15 Wm Mears_____________________________________________ 5. Wm Ogle________________________________________________ 1. 75 Mathew Adkinson, Mine a Burton_________________________ 7. 10 Robert Jameson________________________________________ 3. 44 1/2

Balance of Accounts Due Moses Austin—Continued. Samuel Mathews________________________________________ 3. 75 Thomas L. Bevis________________________________________ 1. 92 John Conner__________________________________________ 8. 37 1/2 Robert McCullough_____________________________________ 22. 25 Wm Ficklin, Mine a Btirton_____________________________ 37. 87 1/2 Wm Hogan_______________________________________________ 1. 75 Jonathan Strickland___________________________________ . 62 1/2 John Stephen__________________________________________ 1. 28 3/4 Wm H Ashley____________________________________________ $89. 19 3/4 Wm Herrington__________________________________________ 9. 25 Silas G Connor_________________________________________ 21. 5 Robert M. Stevenson, Belleview_________________________ 26. 87 1/2 John Scott (Miner)__________________________________ 20. 75 Josiah McClenehan_____________________________________ . 50 John Meaned's Estate___________________________________ 51. 81 John B. N. Smith, St. Louis____________________________ 117. 61 Peter Stroup__________________________________________ 8. 56 1/2 Jacob Stroup___________________________________________ . 75 John Spark, Mine La Motte______________________________ 5. _____________ $1430. 95 1/2

Amount Brot over_______________________________________ 1430. 95 1/2 B. Mathews's Bond, Near Edwardsville___________________ 150. James J. Wilkinson_____________________________________ 10. 06 3/4 Aaron Been Brown, Near Massac__________________________ 5. 37 1/2 Edward J. Hempstead Estate_____________________________ 250. Money received on a judgment against J. A Boise to be found in the Clerks office at BellevilleWalter Wilinson______________________________________ 10. 98 Jacob Woode's Note____________________________________ 25. 80 __________ $1883. 17 1/2 Discount John Minner Dcde_____________________________ 51. 81


State of Missouri Jefferson County TO WIT—

Personally appeared before me a Justice of the Peace in and for the County aforesaid the within named and signing Moses Austin who acknowledged the annexed Power of Attorney to John Metcalf for the purposes therein, as his act and deed making the within list of names and debts a part of the same

Witness my hand and seal at Herculaneum 9th day of May Anne domini Eighteen hundred and twenty one

J. Rankin Justice of the Peace