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