Gold Expedition Articles of Agreement
DOCUMENT FROM THE PALMYRA, MISSOURI, PAPERS
Missouri Historical Society Archives
Articles of Agreement for an
Expedition to California for Gold, 1849
WE THE UNDERSIGNED after duly considering all the labour and toil
dangers, and sacrifices of an expedition and the advantages likely
to result to ourselves our families, and Country, have firmly resolved to
unite ourselves together in a "Joint Stock association" for the purposes of
an expedition to the Teritory of California with the reasonable hope and
expectation of improving our condition, and circumstances in life by the
procurement of a portion of the precious metals that are said to abound
in that Country. We beleive that the expedition is honorable and praise-
worthy - one in which the whole country is interested. In proportion to
the increase of our wealth in the precious metals, in the same proportion
is labor and all the productions of the land increased in value-and the
means of education and benevolence the mainspring of human happiness
enlarged and extended. Many of those who have not the enterprise and
energy to engage in such an expedition, profess to regard it as wild, vision-
ary and unworthy the ambition of honorable men. Did such feelings and
sentiments universally prevail, there would be but little of that mighty
enterprise in our land that has recently dawned upon the world, and
within the last 25 years given that resistless impulse which we have wit-
nessed to the arts and sciences, commerce and manufactories, and spread
the means of salvation throughout the habitable Globe.
The Almighty Creator and architect of the Universe has placed the pre-
cious metals in the bowels of the Earth for the benefit of the human family.
He designed that they should be obtained by man and applied to his
purposes, and it is as honorable and proper in the sight of Heaven, and all
unprejudiced minds to dig into the bowels of the Earth for Gold and Silver
as it is for lead, copper, coal, or iron. Were there Gold mines in Missouri
as rich and abundant as those in California, there would not be men enough
left at home to make fires for the women and Children. But now when the
enterprise requires toil, danger, and hardships, indomitable energy and
perseverance, those who possess not the requisite qualities for any great or
hazardous enterprise, speak disparageingly of it, and say we had better
stay at home, for the opinions of such we have no respect. Satisfied that
we are acting for the best, that our enterprise is manly and honorable, that
it will redound to the benefit of ourselves, our Country and families, We
hereby solemnly pledge ourselves to each other in the most sacred and
sincere manner, That we will be true and faithful members of this Company,
That we will consult the interest and happiness of each other, and the
whole, That we will firmly and resolutely stand by each other, in all the
trials, difficulties, dangers, and misfortunes that we may encounter. And
we also covenant and agree to, and with each other, that we will honestly
and faithfully abide by all the articles of this association hereinafter written
as follows:
Article 1st. The members of this company shall each bear an equal propor-
tion of the expenses in fitting out and furnishing this expedition, and each
member failing to furnish his proportion (the amount to be agreed upon
by a majority of the members) after being notified by William Muldrow
and Thomas S. Anderson, who are to procure every thing necessary for
said outfit, (except clothing, weapons, and Blankets, which each member
is to procure for himself) shall lose and forfeit his interest in said expedi-
tion and thereafter cease to be a partner in this association.
Article 2nd. That said partners shall each share an equal proportion of the
profits and losses, of this Company.
Article 3rd. That this Company shall continue unconditionally for the
period of two years from the first day of April next, and shall not be dis-
solved or interfered with as to its purposes and existence except with the
consent of all its partners.
Article 4th. That said partnership shall exist and continue for the period
of three years beyond the time specified in the third article hereof, leaving
it optionary with any of said partners to withdraw after said period of two
years if they chose so to do, by giving the remaining partners or a majority
of them three months notice before the expiration of the said two years,-
said partnership shall not cease or be interfered with in any way by the
death of any of the partners or otherwise but shall and be carried on by
the survivors.
Article 5th. That the members of this Company who shall accompany this
expedition shall bestow their labour, time, and means in promoting the
object and interest of the Company, that during the existence of this part-
nership, no member hereof shall form any other partnership private or
public, secret or open, for the acquisition of minerals of any sort or Gold
or Silver to which a majority of the members of this Company shall not
consent, and then only such shall be partners as do consent-after being
informed of the partnership.
Article 6th. That if any member of this Company shall die or become sick
or unable to work, he or his heirs shall have his equal proportion of the
proceeds of this expedition to the same extent as though he lived or re-
mained well and able to attend to business, for and during the first two
years, he or they furnishing a good hand or hands to work in his or their
place, in case of death,-and if not furnished the Company shall deduct
from his share the sum of eighteen Dolls. per month.
Article 7th. That the majority of this Company shall have the power to
obtain by donation, settlement, purchase, or lease, for the whole Company
any extent of land they deem necessary for the operations of this Company
provided the cash is paid down for said purchase. This Company shall not
possess the power to make any of its members liable without their consent,
nor shall they, or any of them be bound by any contract unless they sign
the name individually in their own hand writing-excepting contracts for
the necessary expenses of this association.
Article 8th. That any two members of this Company shall have the right
to demand a division of the profits on hand at any time when the Company
are possessed of ten thousand Dollars,-But they shall require said money
to be sent to Palmyra, to some person a majority of the members in Cali-
fornia may select,-and he shall distribute it equally to the members of the
Company or such persons as they may direct; such members as prefer it,
may retain their proportion in California.
Article 9th. That the members accompanying this expedition shall by a
majority of them after their arrival in California determine how and by
whom the Gold and Silver there obtained shall be kept how and by whom
remitted,-and how and in what manner brought back to the Town of
Palmyra in the County of Marion in the State of Missouri for distribution.
Article 10th. That the partners of this association shall appoint a Secretary
who shall keep a Book or Books containing a full and faithful account of
all the expenditures and receipts of said Company, which shall at all times
be subject to the inspection of any member of the Company.
Article 11th. That said Company shall be under the control, direction, and
management, of [blank] whose orders shall be obeyed unless a majority
of the partners shall dissent and direct differently, in which case the said
[blank] shall conform to the wishes and opinion of a majority of the part-
ners present.
Article 12th. It is hereby agreed that Thomas L. Anderson of the partners
shall not be required to accompany this expedition, but in consideration
of his not going with said Company, he sends his negro man Sandy in his
place which Constitutes him a full partner. But said Sandy shall not be
required to do more than any other hand.
Article 13th. It is hereby agreed that Albert G. Anderson, one of the part-
ners shall furnish a good hand in his place, and if nor furnished, the com-
pany shall deduct from his share the sum of eighteen dolls. per month.
If however the said Anderson accompanies this expedition for his medical
services as a Chemist he shall be a full partner without furnishing a hand
-all the services that the said Anderson can render either as a hand or a
physician shall be for the benefit of the Company.
Article 14th. That this Company in all its operations after their arrival in
California within the purview of these articles of association shall be gov-
erned and directed by a majority of the members present.
Article 15th. This Company shall be known by the name and style of
William Muldrow and Company.
Article 16th. This Company shall neither work nor travel on the Sabbath
day except in case of necessity, nor shall they either drink intoxicating
liquor, except as a medicine, or gamble or permit the same to be done in
said Company, or by any member of the same-and should any member
violate this article, he shall thereafter cease to be a member of this Company.
Article 17th. This expedition shall leave the County of Marion in the State
of Missouri for the Teritory of California on or before the first day of
April next.
In testimony of these articles of association the members of this Company
have hereunto subscribed their names and affixed their seals, and delivered
to each member a copy of these articles, signed by all the members and
done in the County of Marion in the State of Missouri on this 28th day
of January A. D. 1849.
[Signed]
Robert Crane John M. Terrice [?]
Samuel Muldrow William & Thos. Phillips
Henry M. Hoyt David Hoyt
Ely and [?] Muldrow Albert G. Anderson
Theodore Jones James W. Dexter
Thos. L. Anderson Washington 0. Lewis
Hugh B. Jeffries
[I don't think these are really all the names - I think another document lists others]
NOTE:
William Muldrow (1797-1872), for whom this Company was named, was
a Kentuckian who came to Missouri in 1821. A promoter and dreamer, he
is best known for his part in the founding of Marion College and the devel-
opement of Marion City, the "Eden" of Charles Dickens' Martin Chuzzelwit.
He evidently left the Company in California, for he joined forces there with
John Sutter (the first to discover gold in Califoria), and remained there
for twenty years. He bought up vast claims from the Russian Fur Com-
pany, but was never able to validate titles for his holdings. He returned to
Missouri, where he died in poverty.
Thomas LiIbourne Anderson (1808-85), also a Kentuckian, was a promi-
nent lawyer, state representative, and United States Congressman. He was
a militant temperance man, and eventually a Secessionist. As stipulated in
Article 12, he did not go to California with the Company, though he drew
up the Articles of Agreement for them. His brother Albert went, and died
in California within the year. What became of the other members of the
Company has not been ascertained.