DescriptionMoses Austin Bail Bond Signed. One page, 7.5" x 12.5", Ste. Genevieve, Missouri, April 5, 1812. This document, which pertains to the case of Carr & Elliot v. Bates, reads in part:
"Know all Men by these present that we Moses Bates and Moses Austin are held and formerly bound to H. Dodge Sheriff of the District of St. Genevieve in the kind sum of Eight hundred and forty Dollars lawful money of the United States to be paid to the said Dodge or his successor. . . . The condition of the above obligation is such that a capias ad respondendum has Issued from the Court of Common Pleas for the District cop[ie]d at the suit of William C. Carr and Henry Elliott administrator of Earon Elliott deceased on which said suit bail is required for the sum of four hundred and Twenty Dollars and the said Dodge has arrested the said Moses Bates in his capacity as sheriff . . . if the said Bates should be cast in the said suit he will pay the cost and condemnation money or surrender his body in execution for the same or that the said Moses Austin his bail will do it for him as witness our hands and seals this day and date as above written."
A writ of capias ad respondendum commands the sheriff (or other proper public servant) to deliver the defendant, often under arrest, to answer the plaintiff. In 1796, Moses Austin (1761-1821), the father of Stephen F. Austin, settled in Missouri, then part of Upper Spanish Louisiana. He mined lead in southeastern Missouri and shipped it from the Mississippi River port town of Ste. Genevieve, where this writ was served. Austin's Missouri lead business venture was not successful, and he ran into trouble in after 1812 for not paying his debts, so he traveled to Texas in 1820 in search of other opportunities. After receiving a grant to bring 300 colonists to Texas, he returned to Missouri to make preparations for his new Texas colony. Just two months after arriving back in Missouri, however, he died, but not before requesting his son Stephen to carry out his plan to begin a colony in Texas. This document, on toned laid paper, has a slightly uneven left edge. With usual folds.
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