Statement presented to ------ Martin, relative to the settlement of the business between
S. F. Austin and the late J. H. Hawkins
In Novr. 1821 a contract was made between S. F. Austin and J. H.
Hawkins, relative to settling the colony originally contracted to be
settled by Moses Austin, the father of the said Stephen F. Austin.
A partnership was also formed between the said S. F. Austin and
the said Hawkins for certain purposes: this partnership expired by
the death of Hawkins in 1823.
At the time of forming that contract, it was supposed that
something could be realized out of the settlers; and an arrangement was
made for them to pay 12 1/2 cents pr acre for the land they received,
Austin to be at all the expense. This arrangement was totally
destroyed by the interference of the Govr. of Texas in 1824. A large
sum was lost by Austin for surveys which were made up to that time,
and meanderings of the river.
In May 1824 the Govr. of Texas interfered with the said first
arrangement, and established a fee-bill. None of these fees belonged
to Austin; and he had no right to use any of them. One hundred
and twenty seven dollars, 50 cents, were allowed to the Commissioner,
including his milage from Bexar to the colony; 30 dollars to the
Govt.; and 8 dollars for the Title. The Commissioner relinquished
to Austin the third of his fees.
Austin was appointed by the Govt, to administer the local
government of the colony in all its branches, civil, judicial, and military,
without any salary. He also had to attend in person to all the
land business. Besides this he kept an open house and was compelled to
do so: his house was always full, for the first six years, as is well
known to those who were here then. It is also well known, that he
had constant visits from the Tankaway, Lipan, Beedi, and other
Indians; and the situation of things required him to make them large
presents.
These expenses were not all: he paid for expresses, furnished
provisions, and amunition, and many other things for campaigns against
the Indians. He was compelled to keep an office, and a Secretary,
and Clerks, acquainted with the Spanish and English languages—It
will be remembered that, at that time, every thing was dear—Cows
at from $20 to $30 each; pork from $9 to $10; beeves from $25 to $80
a head; corn from one to two dollars the bushel; etc. The expenses
of his household were not less than $2000 a year: his office including
the Secretary's salary, stationery, etc $1500. a year: presents to
Indians $500 a year. To all this is to be added a variety of other
expenses, such as expresses, guards, and supplies for Indian
expeditions. Also he had a heavy surveying debt to pay, as above stated.
Besides these expenses, there are many others which can not be
mentioned.
A large amount of the fees never has been collected, and never will
be. Also a considerable amount was lost that was received in herdes,
which died or were stolen by the Indians. Twelve head were stolen
at one time, ten of them mules, at Buckner's old place on the Colorado.
But even supposing that the fees had all been collected and in
money: the whole amount of the Commissioner's fees on 300 families
at $127.50, is $38,250—of this one third was relinquished by the
Commr to Austin, which is $12,750 which would not have half paid
the expenses of the local govt, and other expenses of the colony from
1823 up to 1828, the time when the Ayuntamto was established; to say
nothing of a compensation for Austin's services, and a deduction of
more than one half for property payments at an excessive value.
It will be remembered that Austin received no salary from the
Govt., nor any allowance whatever for the local government of the
colony, that all the labor, expense, danger, and responsability rested
on him alone:—all the vexations, labyrinths of the colony—matters
with the government, and with the settlers, who were several times
in a state of rebellion against him, and always complaining and
abusing him, because they had anything to pay: he had to bear all
this patiently, as the salvation of the colony required it. The facts
as to advances made by Hawkins are as follows:
The Schooner Lively, a small vessel of about 30 Tons, was
purchased for $600 in Novr. 1821: of this sum Austin furnished $400,
which he borrowed from Lovelace and now owes, with the interest—
The Lively brought out 17 or 18 men, emigrants, and provisions
and tools. I do not know the whole amount of her outfit; but it
is very evident that it could not have been much. The Lively landed
the emigrants at the mouth of the Brazos, and was lost on
Galveston Island. William Little had the charge of the men who came
in the Lively: I never saw any of them until after my return from
Mexico in 1823, owing to their having landed in the Brazos instead
of the Colorado, to the mouth of which latter river I went to look
for them, agreeably to appointment in Decr, and Jany. of 1821 and
1822; and not finding them I proceeded to Bexar and thence to
Mexico. The men who came in the Lively became discouraged, and
all returned to the U. S. except two or three.
For a part of the expences to Mexico, I drew on Hawkins; for
I had between 300 and 400 dollars of my own money which I brought
with me from New Orleans in doubloons. I lost my memorandum
and account book at Monterey, on my return from Mexico, and
cannot state what was the amount of my drafts on Hawkins; but
they were not for a large sum:—I lived very economically, and
even endured privations to save expense. I raised $100 in Mexico
by the sale of my watch.
When I started for Mexico, I sent into Hawkins my negro man
Richmond, a stout healthy negro, about 28 years of age: he was
worth $800.
On a fair statement of this whole matter, what benefits or aid,
have I derived, in the settlement of this colony, from Hawkins?
He aided in fitting out the Lively: he furnished the amount of my
drafts for the expenses to Mexico: he could not have been of much
aid in sending out emigrants, for he died before there was much
emigration. The money which he spent for the goods that
Littlebury Hawkins brought out, and a vast sum in the negro speculation
of which John Botts had the management, had nothing to do with
the colony; and I was in no manner concerned in those speculations,
nor ever had any control over them. Both these persons arrived
after I departed for Mexico, and left before I returned.—Neither
am I accountable for an enormous interest account which, I am told,
Hawkins paid in New Orleans, to raise money for the expeditions
of Littlebury Hawkins, and John Botts.
In the contract with Hawkins I acknowledge to have received
four thousand dollars, but the truth is I had not then received
that amount, and never have received it up to this time. For, as
I before observed, all that ever was spent for the benefit of the
Colony, that I have any knowledge of, was the outfit of the Lively,
and the amount of my drafts for the Mexico trip: and out of that
the $400 dollars I borrowed from Lovelace, and over $300 which
I had of my own money, and the value of my negro Richmond, and
$100 for my watch, making about $1600 ought to be deducted.
As I before observed, none of the fees that were collected in the
first colony, belonged to me of right; a part of them were given
to me; but necessity compelled me to use much more of them than
the portion thus relinquished:—and I thus may yet become
entangled in an endless and ruinous labyrinth. Up to this time
Hawkins is entirely clear of all responsibility as to those fees thus
used by me. I have always been very cautious not to implicate
any part of his landed interest in any way. I have been a true
and paternal guardian of the interests of his heirs in this country,
and I have kept his part of the land entirely clear. I have not
even sold any more of it, than was absolutely necessary to give
value to the balance, and to comply with the law by having the
land settled; and this has subjected me to the abuse and slander
of persons who wished to get places near Brazoria, and who have
spared no pains to try and prejudice public opinion against me.
I have, in fact, from the beginning of the Colony struggled alone
in this wilderness, undergoing all sorts of privations, and my life
often embittered by the unjust clamors, slanders, and abuse which
I have been compelled by circumstances to bear. No pecuniary
remuneration could, or ever can, recompense me for the last ten
years.
If the fees, received from the Settlers in the first Colony, as
above stated, are now to be considered as partnership property,
Hawkins must also become liable for all the responsibilities which
I am, or may ever be, liable to for having used more of those
fees than I had a right to. Also a fair statement must be made
of all the expenses of the local govt, of the colony, of the losses
by bad debts, robbery of Indians, office expenses, losses by
surveying, and a yearly compensation to Austin for his services. The
gross amount of all this must be made up: then the amount of the
fees which Austin was entitled to receive by the relinquishment
of the Commissioner, must be made out, and deducted from the
gross amount of the expenses. It will then be found that a large
balance of many thousands will be due to pay those expenses, and
the balance will bo a charge against the partnership land, and
would consume a large part of it.
But this is not all. Hawkins would also have to be liable, in
union with Austin, for all the responsabilities that may arise, owing
to Austin's having used more of the fees than the amount relinquished
to him by the Commissioner. In short, it would place Hawkins'
estate in the situation in which I am now placed; that is liable to
be harrassed as long as I live, and involved in an endless labyrinth
of difficulties; and besides all this, there are matters connected with
this business which are in the highest degree confidential and cannot
be explained without a breach of faith.
I have probably done nearly as much to benefit individuals as
ever was done by any one man in America who acted in the humble
sphere of an unpatronised, unprotected, and private person. I have
been instrumental in laying a broad foundation for the fortunes of
many thousands. The enterprise has succeeded, and begins to
attract notice; but no one knows, or seems to care, or to ask, how, or
by what means, or through whose instrumentality it has been brought
about. The only idea most persons seem to connect with the matter
is, that of a mammoth speculation; and they say that Austin, in
doing so much for so many, must have done a great deal for
himself. Thus the most erroneous impressions, and the most unjust
rumors, are set afloat. Ingratitude, jealousy, and suspicions are
always active and vociferous.
What benefit has Austin received from the fees of the first colony ?
There are six leagues and a half, and two labors, of land which were
acquired by purchases from the settlers out of these fees, and deeded
to my brother J. E. B. Austin because there was no judicial officer
in the colony but me, before whom the deed could be acknowledged.
The titles for a part of this are doubtful. I have also used a part
of those fees to pay some of my old debts, but I have also used a
large amount of the proceeds of my last contracts that Hawkins had
nothing to do with, to satisfy the debts that were properly
changeable to the first colony: and consequently if the fees of the first
colony are to go with the partnership accounts, all I have paid out
of my last contracts on account of the first colony, must be charged
to that colony.
What benefit will Hawkins' estate receive for the advances he
made in fitting out the Lively, and in paying my drafts for the
Mexico trip, which was all he did advance that was of use to the
enterprise ? The estate gets the half of 22 1/2 leagues of land. I get
the other half, and I have done all the labor. In fact I have done
every thing alone and without receiving aid from the personal
services, or the capital, of Hawkins to the extent that was originally
contemplated.
To recapitulate.
The first arrangement with the settlers, as to fees, was distroyed
by the interference of the Govt of Texas. A new arrangement was
made by the Govt as to the fees, which allowed Austin to receive
none of them. The Commissioner relinquished a part of them to
Austin. The part thus relinquished has been used by Austin for
the joint benefit of the partnership; for by that means he has main-
tained the colony without creating any charge against the
partnership lands which are now clear.
Austin has used more of those fees than were so relinquished;
and by so doing he is liable to be harrassed; and if Hawkins claims
a part of those fees, he will have to bear his share of that liability:
as also to bear an equal share of all the expenses of the colony, and
to pay Austin for his services. This can not be done without taking
a part of the premium land.
Austin never did receive $4000 for the use of the colony from
Hawkins; and he did furnish about $1600 which, on a rigid
settlement, Hawkins would be accountable for. Austin is not liable for
the money spent in the expeditions of Littleberry Hawkins and John
Botts; nor for the interest paid by Hawkins.
It would be the work of many years, and of endless expense, to
bring this matter to a judicial or litigated settlement; and I am
confident that such a settlement, in any court of justice, would in
volve more than one half the premium land to square the accounts
of the colony if they were justly, stated; besides the delay and
expense.
I therefore think that in offering to divide the premium land,
twenty two leagues and a half, and three labors, deducting the
expenses of surveying it, I offer at least one half more than could
be recovered in any court of justice. The original expenses of
surveying the premium land are a just charge against it: they were
paid by me in 1824 and 1825. More than this I am unwilling to do;
and in doing this I consider that I am relinquishing a part of what
justly belongs to me; for if a fair allowance were made to me, I
should be entitled to a considerable portion of Hawkins' part of the
premium land. The truth is, that I could have done all that I have
done, had I never known Hawkins, nor received one cent, nor aid,
from any quarter beyond my own resources.
Difficulties present themselves as to the manner of making this
settlement. Ever since early in 1824 I have repeatedly requested,
and urged often and often, that an Agent might be sent out to settle
this business. The delay has not been of my causing, or of my
seeking. Now after so long a period Mr. Martin is sent with very
imperfect powers. George is not represented at all. The original
contract between me and Hawkins is not produced: I never had a copy
of it:—there was but one made out and that J. H. Hawkins retained.
Edmund Hawkins, who is here present, is not competent to settle
his own share of the business, for by the laws of this country he is
a minor until he is twenty five years of age, and is therefore
incompetent to bind himself, or any one else. He can not legally hold the
land after it is divided: he will have to appoint a guardian in the
manner prescribed by law, and this guardian will have to attend
to this part of the business.
I wish to make a final settlement of this matter, and will do every
thing to effect that object which will be legal and finally binding
on all parties.
I make this statement to correct the erroneous impressions which
the parties interested in this Business appear to have received from
common rumor; and to show that, on my part, every thing has been
done which circumstances would admit to protect the interests of
Hawkins' estate. Also it ought to be remembered that I requested
a settlement of this business since soon after Hawkins' death, and
that I could long since have brought it to a settlement by a judicial
process. The delay has been very injurious and very harrassing to
me, but it has been beneficial to the estate.
There is another erroneous idea relative to the business of
colonization in Texas. Many believe that actual grants are made by the
Govt, of large tracts of land, or sections of country, to individuals
who are denominated in the Law Empresarios; and that these
individuals can sell this land. This is all a mistake. It is also wrong
to call them grants: they are nothing more than Trusts by which the
contractor or " empresario ", is constituted the agent of the Govt, to
settle a certain number of families of a particular description, in
certain designated limits, within a limited time. If he comply with
this contract, he will then, and not before, be entitled to receive a
certain quantity of land as a grant, which is called premium land,
for which a special title is issued to him by the government
commissioner. The settlers receive their titles direct from the Govt,
through a commissioner, and not from the empresario. In the
colonization law of 1825, the contracts made between the
"empresario " and the settlers are guaranteed as valid, if not contrary to
that and other laws; but in the colonization law of the 4th of Jany.
1823, under which my first colony was settled, there was no such
guarantee.
San Felipe de Austin September 14 1832
Stephen F. Austin [Rubric]