After the original manuscript of Rozier's copy, in possession of Mr. Charles A. Rozier.
The house at "Mill Grove" was to be treated as an object separate from all business, "in order," so the "Articles" read, "that we may settle matters as completely as we desire." It was also agreed, in the fourth "Article," that they should "add to the expenses of this exploitation those necessary for life, and others of a mutual character, so long as it should suit them to live and dwell together." It was further stipulated that even if the mine proved a failure, they should remain six months on the farm, in order to gather useful information from the country, before embarking in any form of commerce, whether inland or maritime. The cost of their journey to America was to be entered as the first item of their "social expenses," and any expenditure for travel in their mutual interests was to be considered under the same head. In case they should persuade any merchants in America to send goods to M. Rozier, Senior, at Nantes, he should be entitled to one-half the profits, while the partners should divide the other half between them. All other profits and losses resulting from their commercial transactions were to be shared equally. The partners resolved to maintain friendship and a mutual understanding, but "upon the least difficulty" each should choose one arbitrator, and the two thus chosen were authorized to select a third; the partners were bound to accept the decision thus reached without appealing to any court. In the case of the death of one of the associates, read the tenth "Article," the survivor should have sole charge of making a settlement of the business and should report to the proper heirs. The survivor, in such an event, would be entitled to a commission of ten per cent [in addition to his one-half interest], but in no case should the partnership be dissolved "until after nine years, counting from the day of the date of the present [instrument]." As will be seen, Audubon and Rozier were unable to fulfill all the conditions thus carefully laid down.
Young Audubon's dislike of Dacosta, the uncertainty of the mining project, and other difficulties of the situation soon decided the partners to cut short their stay at "Mill Grove." Both were equally interested in the lead mine, but after working several months without success in an attempt to form a mining company, they wisely decided to leave such experiments to the enthusiastic Dacosta and to seek an opening in trade, where the hazard would be no greater and their ignorance less profound. Following the advice of their Quaker friend, Miers Fisher, they decided to sell to Dacosta their remaining rights in "Mill Grove." As a preliminary it was necessary to divide the property which had been held in common by him and Lieutenant Audubon since 1804, and this division was effected by an agreement drawn up at Philadelphia on the fifth day of September, 1806.[124] Ten days later the remainder of "Mill Grove" was conveyed to Francis Dacosta, representing a number of capitalists whom he had managed to interest in the mine, of whom the astute Stephen Girard is said to have been one. The sale was subject to conditions,[125] dependent upon their success in mining lead, which, as will appear eventually, could not have been fulfilled. These various transactions are so clearly set forth by Ferdinand Rozier in writing to his father at Nantes that we shall reproduce his letter in full:[126]
Ferdinand Rozier to Claude François Rozier
Philadelphia, 12 Sept., 1806
Duplicate.
My very dear and venerable father:
Still in hope of cherished news from you, and replies to my letters of 31 May, 22 June, and 4 July, I have to tell you that we have since succeeded in closing all our business relations with Mr. Francis Dacosta, in the following manner: We are anxious that our method of procedure may be satisfactory to you; we have followed the advice of Mr. Miers Fisher, and have had his approval in all that we have done. What should set you at rest is that as regards your investment, you will find that I have made quite a neat profit. Here is a copy of the agreement.
"It is agreed between Mr. Dacosta and Mr. J. Audubon that the farm of "Mill Grove," which they now hold in common, shall be divided between them as follows:
"1. Mr. Dacosta shall have the lot of 113 and a half acres, situated on the N.E. side of Perkioming creek, with all the buildings, mines, et cet., and in general all that it contains.
"2. Mr. Audubon shall have the lot of 171 acres, situated on the other side of the creek.