Articles of agreement made and concluded this 14 day of Novr 1821,
between Stephen F. Austin and Joseph H. Hawkins of New Orleans
witnesseth:
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
so derived shall be from time to time divided between said parties
hereto in equal moities.
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 14 Novr 1821.
Stephen F. Austin
Joseph H. Hawkins