Austin, Stephen F. (1793-1836) Memorandum re: agreement to recruit 450 families to settle

State of [Coasuila] and Texas
Department of [Ber?]

Memorandum of an agreement made and entered into this day at the Town of San Felipe de Austin in the State and Department aforesaid, between Stephen F. Austin of the one part and Anthony Butler the other part, witnesseth, that whereas the said Austin is authorized by the Government of the State of [Coasuila] and Texas to introduce and colonize. Six numbered foreign families, within certain defines limits and on certain conditions and [reputations], as will more fully appear by the two contracts entered into between the said Austin and the Governor of said State, one for five hundred families concluded 4th June 1825 with its [amplification] dated 200th May 1825 and definition of limits dated 7th of March 1827. And the other for one hundred families concluded 20th Nov. 1827 and by the law of Colonization of said state of 24th March 1825 copies of which documents are [??] as forming part of this agreement.
And whereas by the stipulations of said two contracts and of the said Colonization Law, the public functionaries of said state, in the name and on behalf of the same guarantee a certain quantity of land to each settler introduced by said Austin and also certain advantages to said Austin in consideration of the procuring and introducing for settlement in the manner prescribed in said contracts and law, a certain number of families not less than one hundred, no more than the number alone stated, and amongst other benefits, priviledges [sic] and advantages, granted to said Austin in consideration of said settlement to be made, is a donation of lands to him amounting to five square leagues and five labors for each hundred families, introduced and [settled] in conformity with said law and whereas the said Austin has already provided for the introduction, and settlement of one hundred and fifty of the families contracted by him with government under the contract of 4th June 1825 leaving three hundred and fifty families yet to be provided for under that contract which added to the hundred families under the contract of 20th November 1827 makes the number of four hundred and fifty families yet to be provided to fill the said two contracts.
And whereas the said Butler has offered to introduce the whole of said four hundred and fifty families so remaining to fill said two contracts. Now therefore it is understood and agreed upon by and between the said Austin and Butler, that he said Butler, is to use such [?] as may be in his power to encourage and procure the emigration of said four hundred and fifty families, and that all donations or benefits arising from the settlement of said four hundred and fifty families shall be equally divided and participated between said Austin and Butler it being well understood that the donations and benefits arising on the hundred and fifty families before stated, where emigration has been provided for by said Austin, shall so far as respects them, be solely and exclusively for the use and benefit of said Austin alone.
And whereas the said A Butler contemplated visiting the state of New York and other states for the purpose of aiding and promoting said emigration and settlement of said families. Now it is further agreed upon by and between the parties to their instrument, that the said A Butler shall have full power and authority to enter into and conclude such contracts for the purpose of expediting and concluding said settlement, which he the said Austin, has or would have authority under his contracts, and the law aforesaid to make or conclude, and to this effect the said Austin hereby nominated and constitutes the said Butler his Attorney in foot, to make and execute said contracts to the full extent, that he said Austin is authorized to do in his Capacity of Empresario, and other agents or attornies [sic] to appoint with like authority, and he the said Austin hereby ratifies and confirms, and gives the same validity before any authorities of this state to all contracts so to be made by said Butler, or his attornies, as if made and executed by said Austin in person, and they are to be fulfilled and complied with by said Austin in his character of Empresario agreeably to the laws existing on that subject, and his instructions from the officers of government, provided that no contract shall be made in any manner implicating said Austin in any necessary responsibility.
And it is further agreed upon between said parties to [?] said Austin and Butler, that whatever contracts may be made and concluded by said Butler as before stated for the settlement of the aforesaid four hundred and fifty families the said Austin is to derive one half the profits thereof.
And whereas the contemplated journey to New York or elsewhere will be attended with some expence [sic] to said Butler, and also the dispatch of that part of the business of the family so to be introduced which according to law, will dissolve upon said Austin as Empresario will be attended with some expense to said Austin, now it is agreed upon as regards this point, that should said Butler receive any advances by means of the contracts he may make as heretofore mentioned then and in that case his expences [sic] are to be deducted out of such advances, but should he receive nothing, then and in such case mo change whatever is to be made against said Austin for such expences [sic] and the said Austin on his part agrees that no change will be made by him against said Butler for his personal expences [sic] in attending to the business of the families as Empresario after they arrive in this country. It is however to be clearly understood that all fees required by law to be paid to the government, to the Commissioner and to surveyors, are to be paid by the settlers so to be introduced by said Butler as the law provides.
In witness of all which the said parties have executed this instrument of agreement, together with the two contracts and the colonization law before [recited] [annexed] in presence of Thomas M. Duke Esq. Constitutional [Alca?] of this jurisdiction this first day of December 1828 (eight) between the 16th and 17th lines the words "and also certain advantages to said Austin" introduced previous to signing.

Stephen F. Austin
A. Butler
The foregoing instrument with the copies cited in it was executed, signed and acknowledged by the above Stephen F. Austin and Anthony Butler before me Thomas M. Duke Constitutional [Al?] of this jurisdiction this first day of December 1828 (eight).
Thomas M. Duke
Assistant witness Assistant witness
James [M?side] E.?. [Culcon]