Part 165s – Smith Robertson Genealogy – Indenture Research – 1794 William Smith

Morning again,

As I wrote previously I mentioned that I needed to begin work on the images and copies of Indentures that I have on file. All-things-being-equal I hope that there may be some shred of evidence or clue that may provide information and data of my Smith ancestors and genealogy. I’ve decided also to work on those documents that include the surname Smith whether or not the identified Smith may or may not be my ancestor.

The prime era highlighted is Grenada with which I am concerned. My degree of interest in this research begins about the 1750s up to and including the 1850s. This would be the approximate time range that I would hope to find any clues or indications leading to information regarding ggg-grandfather James Smith who passed away 11 December 1842. (See his Last Will and Testament in Part 61s.)

The initial work is the transcription of the document. The transcription is my attempt to copy the written document word-for-word. If I am not sure of a word I may place an underscored blank, "_____”, if I cannot make heads-or-tails of the script on my first passing. At times there were be a question mark “?” immediately following a word, which means that I can usually, as best as possible, make out the script but I have no clue as to the meaning or context of the word. Any assistance and another set of eyes are always appreciated.

Again, all-things-being-equal, the majority of the Smith-related Indentures are written in period English. My transcription is not an attempt to modernize or translate the meaning of the English but more to understand and locate that which may be related to my genealogy. And that being written I begin with my first attempt.

From my reading this first Indenture was written and sworn to in Liverpool (and possibly Grenada) 12 March 1794; recorded in Dominica 13 June 1794; and entered to the Register of Records, maintained in Grenada 31 August 1797. These four pages were found on the microfilm FHL [1563328], Register of Records, 1797-1817 (v. G2-R2), Supreme Court, Grenada. One of the contractual parties in this Indenture is one William Smith a Merchant of Grenada. As one of the occupations that I have been able to surmise of ggg-grandfather James Smith is that of Merchant you can understand my interest.

To continue here are the four pages. This Indenture begins on page 2.

And the following is my attempted transcription. Any thoughts or ideas are certainly welcolmed.

2

Entered 31st August 1797

Know all Men by these Presents that We Thomas Tarleton of
Liverpool in the County of Lancaster and Kingdom of Great Britain
Esquire John Tarleton of Liverpool aforesaid Esquire and Daniel Backhouse
of Liverpool aforesaid Merchant carrying on the Busineʃs of Merchants
on Copartnership in Liverpool aforesaid under the name and firm of
Tarletons and Backhouse for divers good Causes and Considerations us
Thereunto moving Have made ordained Constituted and appointed
And by these presents Do make ordain Constitute and appoint William
Smith of the Island of Grenada Merchant our Factor and Agent to manage
and transact all out affairs and concerns in the said Island and in the Isles
near thereto called the Grenadines and in Demerary Dominica and Saint
Vincents Guadeloupe Martinica and Saint Lucia and their respective
Dependancies and such other places near thereto where the management of our
Busineʃs may Neceʃsarily lead him and to Sell barter and dispose of such
Goods Wares and Merchandices as shall be consigned to him by us And also all
Goods Wares and Merchandices now belonging to us under the Firm of Tarleton
and Backhouse or under the firm of Thomas Tarleton and Company or John
Tarleton and Company or Daniel Backhouse and Company which are or may
be within the said Islands and Places or any of them according to such Orders
and directions as we shall from time to time give concerning the same And
for want or in default thereof in such manner as he the said William Smith
in his sound discretion shall think best and most conducive to our Interest
And also to collect and receive all the Debts and Effects of what nature –
soever the same may be due and owing to us either under the firm of Tarletons
and Backhouse Thomas Tarleton and Company John Tarleton and Company
or Daniel Backhouse and Company or to the late concern of Thomas Tarleton

John

3

John Tarleton Daniel Backhouse and Clayton Tarleton (which last
mentioned concerns now belong to us) and the Produce and Proceeds of the said Goods
and Merchandices Debts and Effects to Ship and Consign to us under the firm of
Tarletons and Backhouse or to Sell and dispose of the same and _____ the Proceeds
as we shall direct and in default of such discretions as he in his sound discretion shall
think most conducive to our Interest And also to Sublet and manage the Houses
Warehouses Bulidings Lands and Estate belonging to us jointly (but not the separate Estate
of the said Thomas Tarleton either in Grenada or Dominica then not bring comporhended?
under the Power hereby given) in the said Islands and places according to the Orders
and directions he may from time to time receive and in default thereof as he shall
think best and for the most Money that can be got for the same and to Contract for the
Sale and disposal of such Houses Warehouses Buildings Lands and Estates as well as
of a certain Estate called Anandale situate in Demerary lately Purchased from William
Johnstone Esquire with the Negroes Cattle and Utensils upon or belonging thereto at
such price and prices and under shuch restrictions and limitations and subject to such
directions as we shall from time to time give him in this behalf and for the most Money
that can be got for the same and after such Sale to grant Release and Convey the same
respectively with the Appurtenances unto and to the use of the Purschaser or Purchasers
thereof and his or their Heirs Executors Administrators and Aʃsigns according to the narture
and quality of the same And to enter into Covenants for the Estate Title Poʃseʃsion and
further Aʃsurance of the Premises by and against us and every or any of us or any Person
claiming under us and if need be to commence and prosecute with effect to Judgment
and Decree and Action or Suit at Law or in Equity for recovering and receiving any of the
Debts due payable or belonging to us under the Firm of Thomas Tarleton and Company
or of John Tarleton and Company or under the firm of Daniel Backhouse and
Clayton Tarleton and to every or any of them and to take all other legal or equitable
Means and expedients in that behalf as to him shall seem proper And upon recovery
and Receipt thereof or upon recovery or receipt of any other the Estate and property
which as Factor or Agent he may recover and receive to give good and effectual
Releases and discharges for the same and to bring any Ejectment or Ejectments for Recovering
Poʃseʃsion of any or out Estates and Property or of any Estate Martaged to us or any of us and
to receive the Rents and profits therefor to let and manage the same for our benefit and to
make any Distreʃs or Distreʃser or to sue our and prosecute and Replevin or Replevins
that may be deemed neceʃsary for our Interest And for all or any of the purposes last
mentioned an Attorney or Attornies under him to Nominate and at pleasure to revoke and
to Substitute others and to represent our Persons as well in Court as thereout and to Submit to
Reference any dispute or difference between us and any Person or Persons whomsoever
And generally to manage for us and in our behalf as fully and effectually to all
Intents and purposes as we or any of us could do were we or was any of us present all
which lawful Acts we do hereby allow and agree to Ratify and Conform Provided
always and it is hereby declared that nothing in these presents contained is misant? or

Intended

4

Intended to give any Authority over the separate Estate Plantations Negroes
or Property of him the said Thomas Tarleton in the said Islands of Grenada or
Dominica In Witneʃs whereof we the said Thomas Tarleton John Tarleton
and Daniel Backhouse have hereunto set our hands and Seals this Twelfth day
of March in the Year of our Lord one thousand seven hundred and ninety four.
Sealed and Delivered by the} For partners, Thomas Tarleton Daniel
Above named John Tarleton for} Backhouse and self
The said Thomas Tarleton Daniel} John Tarleton LS
Backhouse and himself in the}
presence of……}
W. Roscoe. D: Turner.
Darbyshire Turner of Liverpool in the County of Lancaster and Kingdom
Of Great Britain Gentleman maketh Oath that he this Deponent was present and did
See John Tarleton of Liverpool aforesaid Esquire for and on behald of himself and
his partners Thomas Tarleton and Daniel Backhouse duly Sign Seal and his Act
and deed deliver the paper writing hereto annexed purporting to be a Letter of Attorney
from the said Thomas Tarleton John Tarleton and Daniel Backhouse to William
Smith of the Island of Grenada Merchant for the Purposes therein mentioned
And this Deponent further saith that the words subscribed to the said Letter of Attorney
Opposite the Seal “For partners Thomas Tarleton Daneil Backhouse and Self and
the name “John Tarleton” thereto subscribed as the party executing the same are the
proper hand writing of the said John Tarleton and that the names “W. Roscoe” and
D. Turner thereunto set and subscribed as Witneʃses to the execution of the said Letter
of Attorney are of the proper hands writing of William Roscoe of Liverpool aforesaid
Gentleman and of him this Deponent respectively.
Sworn at Liverpool aforesaid this twelfth day of} D: Turner
March in the Year of our Lord one thousand seven}
Hundred and ninety four Before me…}
John Sparling, DY Mayor of Liverpool
To all to whom these presents shall come I John Sparling
Esquire deputy Mayor of the Borough and Corporation of Liverpool aforesaid
do hereby Certify that on the Day of the Date hereof personally came and
appeared before me Darbyshire Turner of Liverpool aforesaid Gentleman being
a person well known and worthy of good Credit and by solemn Oath which he
then took before me upon the Holy Evangelists of Almighty God did solemnly
depose to be true the several Matters and things contained in the before written
Affidavit.
LS In Faith and Testimony whereof I the said deputy
Mayor have caused the Seal of the Office of Mayoralty of the
said Borough and Corporation to be hereunto put and

affixed

5

affixed this twelfth day of March one thousand seven hundred and
Ninety four.
Witneʃs. John Colquitt, Town clerk of Liverpool
Dominica
Recorded in the Secretary’s Office of said Island in Liber N. this 13th day of
June 1794 and examined – Griffin Curtis Secretary.

Enjoy,

Jim