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CONSTITUTION OF THE AMERICAN SETTLEMENT COMPANY.

THE subscribers hereto, being desirous to form a company for the purpose of settling a tract of land in the Territory of Kanzas, in order to assist in making it a free state, and to found thereon a city, with a municipal government, and the civil, literary, social, moral, and religious privileges of the old free states, for the equal benefit of the members, have associated and formed, and do hereby associate and form themselves into a joint stock company, under the name of the "AMERICAN SETTLEMENT COMPANY," and have adopted the following Articles for the government of said company, and the management of its property, affairs, and concerns; and hereby pledge themselves, each to the others, faithfully to observe and keep each and all the provisions of said Articles, viz.:—

Art. 1. The capital of the company shall be divided into shares equal in number to the number of lots in the city hereinafter mentioned. The price of shares shall at first be fixed at five dollars, but may be raised by the board of directors. No person shall be allowed to purchase of the company more than six shares in one name. Only half the price shall be required to be paid on subscribing, except on the first share.

Art. 2. The management of the affairs of the company shall be vested in a board of directors, the majority of whom shall be residents of the city of New York, or its vicinity; and they shall have power to fill vacancies in their own body, and to elect their own officers and agents.

The officers shall be a president, vice president, secretary, treasurer, and general superintendent, who shall also be members of the board of directors. Art. 3. The members of the company shall be all such persons of good moral character as shall, with the consent of a director, subscribe for one or more shares of the stock, and comply with the terms of payment, and sign this constitution.

Art. 4. Minors may subscribe through their legal representatives.

Art. 5. Certificates of subscriptions will be given, signed by the general superintendent, specifying the amount paid; and said certificates shall be assignable, such assignments conveying all the rights pertaining to the original certificates; but any stockholder failing to pay the balance due on his or her stock within sixty days after the holder has been notified by the board, shall be liable to forfeit said stock and the amounts before paid on it. Art. 6. For each share held in accordance with these provisions, the owner shall be entitled to one lot in the city hereinafter described, when apportioned, and to a share in the general property of the company; and on all questions to be decided by stockholders, shall be entitled to one vote. Art. 7. Any resident or non-resident of Kanzas may be a stockholder; but no person can be a member of the company without signing the constitution in person or by proxy, and holding stock.

Art. 8. When a sufficient number of members are in Council City, and the lots shall have been surveyed and a map formed, the lots shall be distributed to stockholders, by drawing, which shall take place in Council City, under the direction of one or more directors of the company, and at a public meeting of the members. Distributions will be made of the remaining lots under the direction of the board, and the secretary shall notify shareholders.

Art. 9. It shall be the duty of the general superintendent to be in attendance at the office of the company, to receive subscriptions, answer letters, impart information, and transact the active business of the company. All moneys received by him shall be paid weekly to the treasurer; but the presi

dent or vice president may, as hereinafter provided in Article 11, countersign to his order on the treasury for incidental expenses in sums not exceeding one hundred dollars. A monthly statement of moneys received, paid over to the treasurer, and disbursed for incidental expenses, shall be presented at each regular meeting of the board.

Art. 10. It shall be the duty of the secretary to keep the minutes of each meeting, to examine with the president, approve the accounts presented by the general superintendent, and to safely file and keep all papers and books of the company.

Art. 11. It shall be the duty of the treasurer to receive and disburse the funds of the company, under the direction of the board, and he shall in no case pay out such funds except to the draft of the general superintendent, countersigned by the president or vice president. He shall also give a bond satisfactory to the board for the security of the moneys in his charge; and present reports monthly to the board.

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Art. 12. The money received from the sale of shares shall be used to secure, legally, a tract of about two miles square, in the Territory of Kanzas, at an eligible point on or near the Santa Fé Road, to survey, lay out, and improve the same as a city, which shall be called COUNCIL CITY," to erect thereon public buildings for the temporary accommodation of members on moderate terms, to obtain all the objects of the company, to pay the salaries of officers and agents, and the incidental expenses.

Art. 13. The general plan of the city shall be as follows, subject to any necessary alterations by the board: A park of 80 acres near the centre, and smaller public grounds for health and ornament in other parts. The avenues and streets running towards the cardinal points, the former not less than one hundred feet wide, and the latter not less than seventy-five. Washington Avenue, on the Santa Fé Road, being at least one hundred and fifty feet. The streets shall be three hundred feet apart, and the lots from fifty to seventy-five feet wide, and one hundred and fifty deep. Trees to be planted, as soon as convenient, in all the streets, squares, and

avenues.

Art. 14. One lot out of every fifty shall be appropriated by the board for the support and benefit of free schools and other institutions of learning, in which the Bible shall be daily read. And other lots may be appropriated for the support of lyceums, libraries, societies of beneficence, arts, or other public institutions appropriate to an orderly, virtuous, temperate, and refined American community.

Art. 15. Any member shall be entitled to the counsel of the company's agents in St. Louis and in Council City, in selecting, laying out, and recording 160 acres, and to the countenance of the members in securing his or her claim according to law.

Art. 16. No member or officer shall have power to bind the company by any contract, or to render them liable for any purpose, or to any extent, unless specially authorized so to do by the board; and no member or officer shall be liable for or to the company, or any member beyond the amount of his or her stock. The board shall not render the company liable beyond the amount of funds in hand.

Art. 17. This agreement shall last until the lots are distributed and legally conveyed by deed, and all the general business completed; and then the officers shall resign their trust, and the board shall transfer all property of the company to such person or persons as may be appointed by a vote of two thirds of the members present at a meeting in Council City, publicly called for that purpose at least one month previously.

Art. 18. In case of any dissension between any of the stockholders, or between any of them and the board, or any of the officers, the questions shall be submitted for final decision to arbitrators appointed in the customary manner.

Persons at a distance wishing to purchase and become members of the American Settlement Company will copy the following form, filling up the blanks with name, date, place of residence, as

18

Know all men by these presents, that, having read and approved the Constitution of the American Settlement Company, I hereby authorize their general superintendent as my true and lawful attorney, to affix my signature to the same.

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Route from Westport, Missouri, to Council City, Kanzas, by the Santa Fé Road. To Indian Creek, 10 miles; Cedar Creek, 10 miles; Bull Creek, 12 miles; Black Jack, 8 miles; Willow Spring, 13 miles; Hundred and Ten Creek, 25 miles; Switzler's Creek, 9 miles; boarding house on Council City summit, 2 miles. Total 89 miles.

Distances from Council City. - Kanzas River, north, 18 miles; Nebraska Line, about 100 miles; Lawrence, north-east, 40 miles; South Line, about 100 miles; Council Grove, 34 miles; Fort Riley and Pawnee, about 60 miles, north-west.

Extracts of Letters from Council City. - "Timber is scarce in all this part of Kanzas; but there is more here than elsewhere, and sufficient to build with. I don't see that a bad prairie claim can be taken any where, the soil is so excellent. The near timber claims are taken up; and at the rate they go on, in six months all the near claims will be taken up. Hedges will be used for fencing. The Osage orange will grow in three years. We find plenty of excellent coal, brick, clay, and limestone quarries, which will enable people to get along very comfortably. They must bear in mind that they will need but little out-building out here, and not near as much fuel as at the east. We have had it cold, but only once at zero, though the winds sweep strong.

"After the prairie has been broken up by the prairie plough and several yoke of oxen, the corn is dropped in, and nothing is to be done till harvest. In after years, an ordinary team and one hand will raise more than double on new land in the east, there being no stumps, roots, or stones; and the soil is some of the richest in the world."

New Yorkers in Kanzas.-The wife of a New Yorker, who recently went out to join her father in Kanzas, writes back from the New York settlement known as Council City to her husband a letter from which we quote:

"There are coal and wood on your claim, though I was told before coming that there was neither wood, water, nor people here. I find plenty of every thing, though provisions are rather high. We have a cow and plenty of milk, and the children are hearty and happy. We live in father's little log cabin, but he will commence our house next week. The beauty of the scenery surpasses my powers of description. I have just been around our claim, and I like it. Come to us soon, for you can have plenty of work here. Every thing is to be bought, though goods are rather dear. I had not hoped to find things so comfortable."

PROPOSALS AND PLANS.

Anxious to do something practical for the speedy settlement of Kanzas, a number of gentlemen, (September, 1854,) formed themselves into a joint stock association, under the name of

THE AMERICAN SETTLEMENT COMPANY;

the object of this company being to found in Kanzas a large and flourishing city, one that would claim the attention and patronage of all interested in the growth and prosperity of that beautiful territory. After an extensive and careful exploration of the country, by a committee of seven intelligent

gentlemen, representing the States of New York, Pennsylvania, and Ohio, and after their unanimous report in favor of the location, the board of directors decided on commencing operations at once, and to create a city in Kanzas which should become the centre of most important business and social interests, and offer inducements not otherwise presented. For this object, late in October, 1854, a small party of settlers were sent to the site selected, to which was given the name of "COUNCIL CITY."

This city occupies a site on the great Santa Fé road, a thoroughfare as much travelled as most of the roads of the old states; well adapted both for the farmer and merchant, owing to the great home market for live stock, produce, and goods to the Santa Fé traders, as well as to the settlers. There are now within and adjacent to the city upwards of six hundred inhabitants, a steam saw mill, a grist mill, shops, stores, schools, &c. A weekly newspaper, "The Council City Banner," is to be issued, commencing September, 1855, price $2 per annum.

Council City is laid out with streets seventy-five feet wide, and avenues one hundred and fifty feet; size of lots, with but few exceptions, seventy-five feet by one hundred and fifty feet. There are several large parks, varying in size from ten to fifty acres. (For plan of city, apply at the company's office.) Its location is in one of the best watered regions of the territory, bounded on three sides by two fine streams, (Dragoon and Switzler Creeks,) abounding with fish, and bordered with excellent timber, coal, and limestone of the finest quality; also, beds of clay and sand are found in, on, and around the city site. In a word, the location of Council City and its adjacent country has been pronounced by disinterested persons, in point of health, richness of soil, mineral wealth, mercantile, mechanical, and farming advantages, superior to that of any other portion of Kanzas.

TERMS. On and after September 15, 1855, price of shares TEN DOLLARS. The first share to be paid for in full; on every subsequent share the half only will be demanded, the balance being subject to call at sixty days' notice. Each share will entitle the holder to a city lot, and by signing the constitution, (in person or by proxy,) he becomes a member of the company, and entitled to a pro rata share in all the property of the company, and is also entitled to a vote. (See constitution.) In order to prevent speculation, no person can subscribe for more than six shares in his or her name. No subscriber will be entitled to a lot until his share is paid in full.

The whole amount of money derived from the sale of stock, after defraying the current expenses of the company, has been expended in improving the city. It should not be forgotten that, in addition to the ownership of city lots and other company property, each settler can claim, under the United States laws, the right, by preemption, to one hundred and sixty acres of land, for which he will pay the government price, ($1 25 per acre,) but will not, probably, be called upon to pay in less than two years.

The great favor with which the "Homestead Bill" is received gives strong hopes of its passage this Congress, in which case the land will be free to actual settlers.

Our agents are now in Council City, in charge of the property, and ready to afford counsel and cooperation to members, on their arrival at the spot. Temporary accommodations have been prepared, by the erection of a boarding house, &c. "In union there is strength," is a proverb which applies forcibly to pioneers; and every person who unites with the "American Settlement Company" may expect to realize its force when he arrives in Kanzas. Many a man who went ten years ago to the west is still surrounded by woods, with but little prospect of a rise in his property; while others, more fortunate, have made themselves speedily rich, from the simple fact that immediately around them others have settled, and thus they have mutually increased the value of their lands. In this and other important respects the "American Settlement Company" embraces great advantages, which can

not be here set forth, but are palpably evident to every practical man, and which are but seldom offered to the western settler.

Climate. Being in the latitude of Virginia, the summers are warm, though gradually growing cooler as we approach the Rocky Mountains. As we ascend the Kanzas River, and also on the prairies, the heat is tempered by cool breezes from the west. The months of May and June may properly be termed the wet season; while the latter end of the summer and early autumn are generally dry.

The winters are short, commencing usually about the month of November, or first of December, and ending in February: although at times the weather is severely cold, it seldom continues so more than two days at any one period. Generally speaking, the weather is mild and pleasant; peculiarly favorable to the raising of stock, owing to the mildness of the climate. Cattle can subsist on the prairies, and on bottom lands throughout the winter, requiring no shelter, and but little stock, corn, or hay. Snow seldom falls to the depth of three inches, and it is very soon melted by the sun. It is not uncommon to plough the prairies in January. The climate of Kanzas is healthy, the air being pure and dry. But a small portion of the territory is subject to malaria.

Soil. The soil varies in different sections of the country, and may be classed under two different heads: 1st. That contiguous to the rivers, termed "bottom lands," consisting of dark alluvial soil, equal in fertility to any in the world, and suitable for the cultivation of hemp, tobacco, corn &c. In particular sections of the country the land is subject to overflow. 2d. Table land of rich loam, producing great crops of corn, wheat, buckwheat, tobacco, oats, Irish and sweet potatoes, &c. 3d. High rolling prairie, with soil and productions similar to those of the table land.

GEORGE WALTER, the general superintendent of "The American Settlement Company," will give full information relative to the country, and make arrangements for sending persons or families to Kanzas, at less than the usual rates, and will furnish members of this company with letters of introduction to the agent at St. Louis, who will procure passages on first class boats to Kanzas, aid in making purchases, &c., and to the agent in Council City, who will advise in the selection of farms, &c., free of charge.

Persons at a distance may subscribe for shares by mail, by remitting the necessary amount, with name, age, residence, place of birth, occupation, religious denomination, and, if going to Council City, the amount of capital taken by them to Kanzas. Subscriptions are invited, throughout the Union, to aid the erection of churches and public halls, and the foundation of free schools, free libraries, reading rooms, lyceums, and other appliances of a prosperous and enlightened city. Contributions for these objects will be thankfully received, by mail, and faithfully appropriated.

THEODORE DWIGHT, President,

J. E. SNODGRASS, Vice President,
GEORGE WALTER, General Sup't,

G. MANNING TRACY, Secretary,
D. C. VAN NORMAN, Treasurer.

Letters should be addressed, post paid, (if answer required, in all cases enclosing two stamps,) to

GEORGE WALTER, General Superintendent,

Office of "American Settlement Company,"

229 Broadway, (up stairs,) New York.

N. B. No letters will be answered unless stamps are enclosed. Persons sending money for shares will send copy of form as directed, authorizing the general superintendent to sign their name to the constitution.

OCTAGON SETTLEMENT COMPANY.

Whereas it is of the first importance in the settlement of any new territory, that associations should be formed on principles of freedom and mo

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