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Thomas Hopkins Webb to Martin Franklin Conway

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No. XXXIX Office of N. E. Em. Aid Co No. 3 Winter St. Boston. April 30th. 1859
Dear Sir.
We are in receipt of your No. 71 inclosing a “proposal of the Batcheller Town Company to purchase the machinery of the Mill now lying at the town site of Batcheller, the property of this Company.”
The Proposition was submitted to the Executive Committee, at their meeting yesterday afternoon.
This machinery, is in manufacture superior to any ever sent to the Territory, and the Co. has expended much for it, anticipating eventually reimbursement for the outlay. The present policy however of the Co. is to contract, instead of extending business operations in Kansas, the main purpose labored for, being virtually accomplished. Influenced by this consideration among others the following action was taken; viz.
Voted that the Proposition of the Batcheller Town Company to purchase the N. E. Emigrant Aid Company’s Mill Machinery intended to be erected at that Place be accepted on the terms specified in the Proposal bearing date April 13th. 1859, signed by the President and Secretary.
Voted that M. F. Conway, General Agent, be authorized and directed to draw up a Contract based on

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the said Proposition and the preceding Vote, and execute the same in behalf of the New England Emigrant Aid Company.
In the original draft of the first vote there was a condition, somewhat in accordance with your suggestion, that the Machinery should be set up and put in running order at Batcheller, by the Town Co. with as little delay as practicable. This was stricken out under an apprehension that it might possibly lead to discussion and further procrastination to the detriment of both parties. It is however desirable, unless seriously opposed which is not probable, to insert something of the kind in the Contract.
Of course you will guard well the rights and interest of the Company at all points, to avoid as far as may be all future misconstruction or misunderstanding, in an especial manner should this be attended to in regard to the machinery, which the Co. sells as it is at the time of executing the Contract, neither warranting it to be perfect, though it is so presumed to be, nor agreeing to make good any deficiencies. It should be distinctly stated that the Co.’s lots shall be selected and awarded in precisely the same manner as those of the other Proprietors. It is perhaps hardly necessary to add that the corporate name agreed upon is to be retained, and that all stipulations in the former Agreements not incompatible with those of the proposed new contract are to remain in full force.

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By your letter we learn that the offer of the Batcheller Town Co. is “one quarter of the Town site, besides five acres additional for the machinery of the Mill just as it stands.”
Lest you may not have retained a copy of the Proposition, I subjoin one.
Hoping soon to hear of the completion of this business, and to receive from you the exhibit for the Annual Meeting, I remain
Respectfully yr’s
Thomas H. Webb Sec’y
To M. F. Conway Esq. Gen’l Agt N. E. Em. Aid Co. Lawrence K. T.
Resolution of the Executive Committee of the Batcheller Town Company, passed--Batcheller April 13th 1859.
To the N. E. Emigrant Aid Company.
The Batcheller Town Company agrees to give to the N. E. Emigrant Aid Company one fourth of the three hundred and twenty acres of the Town Site of Batcheller in lieu of the one eighth and the five acres of land reserved for parties. The Batchellers Town Company are to preempt the land at their own cost and expense as soon as practicable and give a Warrantee Deed for the lots when drawn at a regular drawing of lots of the Town Company.
And the New England Emigrant Aid Company are to give a clear Bill of Sale for the engine boilers and other portions of the Steam Mill now lying on the Town Site of Batcheller with such other missing pieces of the Machinery as may be found at Quindaro or other places belonging to saw Mills.
Resolved 2ndly That if the above proposition is favorably received, then a notification of such acceptance sent immediately to the President of the Batcheller Town Company shall be construed as closing the Contract between the parties etc etc.
Signed, Abraham Barry, President Bradley E. Fullington, Secretary

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