Audubon the Naturalist: A History of His Life and Time. Vol. 2 (of 2)

9a. Translation of the Articles of Association of John Audubon and Ferdinand Rozier.

We, the undersigned, Ferdinand Rozier and John Audubon, who are intending to go to the United States, are agreed to form a partnership in business upon the following conditions:

Article First.

The partnership will be administered under the joint names of Ferdinand Rozier and John Audubon, and each of us will have the power of signature for all matters of our business only.

Art. 2.

Upon our arrival we will take possession of the farm of Mill-Grove, and we will call to account Mr. Dacosta, who has the power of attorney of Mr. Audubon, Senior. We shall take measures to improve the establishment, or make an investigation of the lead mine discovered [on the property], and before continuing the work already begun we will ascertain whether the expenditures made by Sr. Dacosta, have been, and can still be, advantageous to us. Finally we shall prepare, or attempt to prepare, estimates of the expenses and the products which accrue from these, and we shall undertake nothing upon which we are not both perfectly agreed in principle; consequently we shall both subscribe to the project which we shall decide upon, in order that neither of us may depart from it, and it will be the same for all new expenses which might alter the plans that are reached.

Art. 3.

It is agreed that half the product of this plantation shall be divided between us on a one half basis, and in order to recognize this [profit], as well as the loss, we shall keep a special book for the purpose; on one side shall be entered the items of expense, day by day, and, at the moment this is done, on the other side [shall also be given] the sales and products of the farms, and of all that can result from this business, in such a way that the profit shall be always apparent by the addition of the items which compose the debit and the credit.

Art. 4.

The house above mentioned [Mill-Grove farmhouse] shall be an object separate from all business, in order that we may settle matters as completely as we desire. It is agreed that we shall add to the expenses of this exploitation, those necessary for life, and others of a common character, so long as it shall suit us to live and dwell together.

Art. 5.

We cannot be prevented from engaging in any other kind of business, but before undertaking it we shall remain six months in order to gather from the country information of a kind that would be advantageous to us; we shall then apply ourselves to some commercial occupation, whether inland or maritime.

Art. 6.

We are both at liberty to make any journey in order to procure information, and should it happen that we persuade any merchants to send goods to Mr. Rozier, Senior, we would establish the condition that the benefit which might result from these consignments would be divided between us and the Mr. F. Rozier, Senior.

Art. 7.

All the benefits as well as the losses resulting from our commercial transactions shall be divided equally between the partners.

Art. 8.

The expenses of the journey and others of a common nature shall make the first item of our social expenses....

Art. 9.

We both resolve to maintain friendship and mutual understanding, and we agree very expressly that, upon the least difficulty, we shall each select one arbitrator, who will be authorized to choose a third, and we promise upon our honor to fully accept the decision that shall be reached, without ever having it in our power to make an appeal from it before any courts.

Art. 10.

In case of the death of one or the other (which, God forbid), the survivor shall have sole charge of making a settlement, in order to give an accounting to those entitled to it by law, that is to say to the heirs of the deceased, but the partnership cannot be dissolved until after nine years, counting from the day of the date of the present [instrument]. Only in this event, the survivor will be allowed a commission upon the products of the establishment fixed at ten per cent.