UTSA James Morgan Papers

By this Instrument in writing made at the City of New York the 23 day of Oct. A.D. 1835 is witnessed that the undersigned Samuel Swartwout, John S. Bartlett James W. Webb, Thomas E Davis, John P Austin, Stephen Sicard, Walter Mead & James Treat all of the City of New York Lorenzo De Zavala, Joseph Avenzana and William Dall of the City of Mexico, and James Morgan of Texas having heretofore associated themselves together for the purchase of land in Texas upon certain terms in part expressed in an Instrument, bearing [dates?] the 25th of October AD. 1834 executed by the three first of the above named parties, but in which instrument it is expressed that the terms on which the said association was to be formed and the objects to be effected thereby should be more fully set forth in a subsequent writing to be drawn up and when executed to be substituted in the place of the former.

And whereas the said association have proceeded and par tially carried into effect the object had in view as will ap pear by the record of the proceedings of the association Kept by their secretary the above named James Treat & the documents are solutions heretofore submitted to the association [?] upon by them.

Now in pursuance of the stipulation aforesaid was a final adjustment of the terms upon which the affairs of the association are to be henceforth conducted The parties above named do hereby in the first place ratify confirm all former acts proceedings by the per sons heretofore composing the association there a gent the above named Morgan, in carrying into effect the said objects.

Second The business of the association is declared to be the ac quiring of title to lands & other property in Texas, by clearing purchasing or otherwise setling & im proving the lands so purchased, the erection of Hotels Stores, Warehouses, and the making of other improvements at the places called New

Washington, the purchase of vessels, goods and provisions for the purpose of carrying on the operation aforesaid and of managing all matters incidental thereto

Third The subscribers hereto are to be bound by the stipulation herein contained subject to liabilities now & hereafter to be incurred each for himself only.

Fourth The Stock of the association including lands pur chased or contracted for, or which shall hereafter be purchased, buildings, vessels & monies arising from the sale thereof, & all other funds & personal property has been divided by a resolution of the Shareholders. Which is hereby made a permanent article of this association into six hundred & ten shares of one hundred dollars each share, and taken by the above named parties in the proportion following, to wit Samuel Swartwout one hundred & fifty shares, John S. Bart lett, one hundred shares, Thomas E. Davis fifty shares Stephen Sicard fifty shares, James Watson Webb fifty shares, James Morgan fifty shares, Lorenzo De Zavala twenty five shares,Joseph Avesanna twenty five shares William Dall twenty five shares, Walter Mead twenty five shares, Walter Mead, twenty five shares, James Treat fifty shares, and John P Austin, ten shares.

Fifth The subscribers shall be respectively liable to pay at such times and in such manner as the Man agers of the Association shall hereafter direct in the proportion of their respective shares such [sizing?] as shall be required for the purposes of the association not exceeding in all, Sixty one thousand dollars which is the present limit of the capital to be invested, & in default thereof by any shareholder he shall forfeit all right and inter est in the shares subscribed for by him & all pay ments previously made by him. Each shareholder to be liable however only for his own proportion as above.

Sixth Samuel Swartwout, John P. Austin & James Treat having been by resolution of the association appointed a board of managers for the purpose

Extract from processing of Meeting held 15th Oct. 1835

Resolution 13th Resolved, on motion, that, Mr James Morgan's proposals to sell to the association his entire individual interests in Texas both real and personal, or any part thereof, that the association think proper to purchase be together with the Schedule of same submitted to Stephen Sicard John P Austin, James Treat as a committee to confer, consider & report thereon, at the next meeting

-Extract from Meeting held Oct 17th

The Committee appointed at the last meeting to consider & report to the present meeting their opinion of the proposition, made to the association by James Morgan to sell all his property in Texas to the association, presented their written report which was read & Submitted to the meeting for their considera tion, after considerable discussion it was on Motion Resolved, that the association purchase all the property held by the Said James Morgan in Texas (Independent of his interests in this association) and contained in his Proposals & Schedule thereto annexed and in the Report of the Committee in the Sum of Eight Thousand Dollars Say:________________________________$ 8,000 on the following conditions to wit:

The Said Morgan Guaranteed a good & perfect Title of the two leagues of Land, and the two town lots mentioned in his Schedule, and is to receive from the Association, the Said consideration of Eight__ Thousand Dollars at any time the same or any part thereof may be tendered to him by the Association previous to the 1st day of November 1841 on which day he shall have a right to demand the said amount, or any part thereof which may then remain unpaid, subject to the payment of 7 % of ac. interest per annum, on said Sum.

At a Meeting of the Shareholders of the New Washington Association held pursuant to notice, at the offer of James Treat, Secretary & Treasurer No. 12 [Seal?] St. on the 30th of August 1836, at 6 o'clock P. M:

Present. Samuel Swartwout, Walter Mead, Stephen Sicard, Joseph Avenzana, Lorenzo de Zavala by his attorney, James Treat.

Samuel Swartwout was called to the Chair, and James Treat appointed Secretary.

The Minutes of the present meeting of the Shareholders held on the 17th October, & 7th & 13th November last. Were severally read, approved & signed.

The secretary then stated the Shareholders, that he after due consultation with the Managers of the Company, had advised fully & freely with the Texas Agent, Jas. Morgan, previous to his departure from this City, and given him full discretion to man age the Concerns of the association according to his best judgement, and as he might deem most for the interest of the Company, & according as the state of things, & the political situation of the Country might from time to time change & vary. Subject always of course to the Articles of Association & the Restrictions & instructions of the Shareholders, & their Directors. That he, the said Secretary, has from & after the departure of the said Jas Morgan, communicated with him frequently & fully, Tho. unofficially, but without giving any definite in structions in relation to further purchases of lands, disposition of Town lots or general management of the Concerns of the association, but confining himself to such suggestion as from time to time have occurred to him, believing, that the confidence hitherto reposed & now undiminished in our said agent, would fully justify a continuance of that confidence until the country shall have settled