864
AMERICAN HISTORICAL ASSOCIATION
fained the colony without creating any charge against the partner- ship lnnds which nre now clear. • Austin has:used more of those fees than were so relinquished; and by so doing he is liable to be harrassecl; .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. · Austii1 never did receive $4000 for the use of the colony.from Hawkins; and he did furnish about $1600 which, on a rigid settle- ment, 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, lo bring this matter to a jpdicial 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 sur- veying tlie premium land are a just charge against it: they wr.re 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, rior aid, from any quarter beyond my own resources. Difficulties-present themselves as to the manner of making thi3 settlement. Ever since early in 1824 I have repeatedly requested, and nrged 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 ~k- ing. Now after so long a period Mr. :Martin is sent with very im• perfect powers. George is not represented at all. .The original con· tract between me and Hawkins is not produced: I never bad 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 set~e 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 incom• petent to birid·himself, or any one else. He can not legall! ho~d th0 land after it is divided: he will have to appoint a guardian ID the
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