Part 177s – Smith Robertson Genealogy – Indenture Research – 1801 William Smith

16 January 2010

Evening,

You know transcribing documents at time can be somewhat mind-numbing, especially when I stumble over and over and over the same “legalese”. And this presentation does not provide any indication of a relationship or clue to a connection between ggg-grandfather James Smith and the William Smith noted in the record.
But the history lesson at times is mind-boggling, especially when I get side tracked into the history and lives of the names and individuals mentioned in the record.

A new word for me is a “shallop”; see the inclusion on page 555. It is a small boat; bigger than a row-boat, smaller that a sailing yacht. I found this image on the Calvert Marine Museum website. It is an artist’s rendition of a shallop that may have been used in Captain John Smith’s 1608 Chesapeake voyage. (Too early and I have no clue if there are any Smith connections.)

The Record transcribed was found on the microfilm FHL [1563328] in Item 2 of the Grenada Register of Records 1797-1817 (v.G2-R2).

Here are the six pages: 554 through and including 559.





My transcription –
554
Entered 27 April 1801
To all People to whom these Presents shall Come We John Tarleton
of Finch House within West Derby in the County of Lancaster Esquire and Daniel Backhouse
of Everton in the said County of Lancaster Esquire now carrying on Busineʃs of Merchants
in Liverpool in the said County under the firm of Tarleton and Backhouse as well in our
own Names and Right as far and in the name of Thomas Tarleton of Bolesworth Castle
in the County of Chester Esquire by virtue of a Certain power or authority be us given in
and by a certain Indenture of Release bearing Date the thirteenth day of September now
last past and made between the said Thomas Tarleton of the One Part and us the John
Tarleton and Daniel Backhouse of the other Part as of all other Powers and authorities
us hereto enabling, and for divers good Causes and Considerations us hereunto moving
Have and each of us Hath made ordained authorized constituted and appointed and
in over and each of Our place and stead and in the Place and said Thomas Tarleton part and

deputed
555
Deputed and by these Presents do and each of us doth make ordain authorize constitute
and appoint and in our and each of our place and stead and in the Place and stead of the said
Thomas Tarleton put and depute William Smith of the Island of Martinique Merchant
Richard Hooton of the Island of Dominica Merchant and John Ferguʃson and Thomas Frankland
both of the Island of Grenada Merchants our and each of our true and Lawful Attornies and
agents And the True and lawful Attornies and Agents of the said Thomas Tarleton and us
jointly and each or any of them severally for and in the name or names and for the use advan-
tage and benefit of us the said John Tarleton and Daniel Backhouse and as our and
each of our Substitutes Attornies or Agents jointly and severally in the name of the
said Thomas Tarleton and in the name of the said Thomas Tarleton and us under the
respective Firms of Tarletons and Backhouse, Thomas Tarleton and Company, John
Tarleton and Company or Daniel Backhouse and Company or any other Firm or Firms under
which we and the said Thomas Tarleton have heretofore carried on or now do carry on our Concerns
to ask demand sue for recover and receive of and from all and every person and persons whom now or
resident within the several Islands of Grenada, Saint Vincents, Saint Lucia, Martinique
Dominique, Trinidada and also Demerara Surinam and Berbice and the Continent of America
or within any other Place or Places in America or the West India Islands who now are or
who shall or may at any time or times hereafter be any ways indebted or accountable to us
or the said Thomas Tarleton and us partners or late Partners in all or any of the firms aforesaid
all and every such Firm and Firms for any Debts dues Accounts claims and demands whatso-
ever _____ now or shall or may at any time or times hereafter become due and owing payable or
belonging to us or the said Thomas Tarleton and us in the several Firms or concerns aforesaid
or to the late Copartnership of Thomas Tarleton John Tarleton Daniel Backhouse and
Clayton Tarleton under the Firm of Tarletons and Backhouse or any of such Firms respect-
ively for or on any account or in any manner whatsoever. And also to take possession of
recover and receive all securities for money Goods Chattels and effects Mortgages Bonds Notes
Bills Books and accounts whatsoever at or within all and every or any of the aforesaid Places
which now belong or may in any wise belong to us or to the said Thomas Tarleton and us
in all or any of the Partnerships and firms as aforesaid in whose Hands or Poʃseʃsion _____
the same securities and effects respectively are or may be. And also for us in our
or either of our names respectively or in the name of the said Thomas Tarleton and us or
in the name of any other Person or Person who now are or hereafter have been Agent
or Agents for us or for the said Thomas Tarleton and us in such way or manner as
circumstances may require but for our use to enter and take poʃseʃsion of all and ever or any
of the Meʃsuages Plantations Estates Lands Hereditaments Shallops Craft and Premises
belonging to us or either of us or the said Thomas Tarleton and us or either of us or the said
Thomas Tarleton and us or either of us at or within or near all or any of the Islands
Continent or Places or Places aforesaid or any Part or Parts thereof with the Negroes Slaves
Cattle Plantations Utensils and Implements and other live? and dead? stock in such Plan-
tations or Estates respectively And also of all Goods Wares Merchandizes Securities
for money and Premises belonging to us or to the said Thomas Tarleton and us in any of
the Islands Continent and Places aforesaid and for us or the said Thomas Tarleton and us and
in our or his name and names respectively by all legal ways and means to enter upon
and take Poʃseʃsion of all and every the Plantations Lands Hereditaments and Premises in any of the said

Islands
556
Islands Continent or Places now in Mortgage Securities or in Execution
to us or to the said Tarleton and us or to the said Thomas Tarleton and William
Postlethwaite of the said Island of Grenada Merchant or to the said William Postlethwaite
and Thomas Morris his late Partner there deceased or to the said William Postlethwaite only
which said William Postlethwaite and Thomas Morris may have taken without our
Knowledge or Priority in their or own of their own names or name, as our Agent or Agents or otherwise
for monies due to us or the said Thomas Tarleton and us, under all or some or one of the Firms
aforesaid or in the name or names of any other Person or Persons and under whatsoever Firm
or Firms in secret or open trust for us or the said Thomas __arleton and us are or ought to
have been or now are in anywise Interested or entitled with the Slaves and other Appurtenances
thereon and in such Mortgages Judgments or securities included and for that Purpose to pro-
secute any Action or Actions in Ejectment or otherwise to commence and Prosecute any suit
or suits in Equity to foreclose and Bar the Estate and Interest or Equity of Redemption of
the respective Mortgagors or the Claimants therein and thereto and after poʃseʃsion or thereof
shall be so had and obtained for us and in our names or in the names of the said Thomas Tarleton
and us but for our use to receive and take the Rents issues and profits thereof respectively and
also to contract and agree with any Person or persons willing to pay off and discharge the
principal money and Interest due and owing upon any such Mortgage or Mortgages Judgments
or other securities respectively for aʃsigning to him or them such Mortgages Bonds Judgments
and Securities and all our and the said Thomas Tarleton’s and our respective Estate and
Interests Claims and Demands therein and thereto. And to carry such Contracts and
Agreements into Execution And for the purposes aforesaid for us and in our names and
as our act and Deed and in the names and as the act and Deed of the said Thomas Tarleton
and us to make sign seal deliver and Execute all such Transfers Releases Aʃsignments
Deeds Matters and Things as may be neceʃsary and requisits for assigning transferring
and conveying all such Mortgages and the Hereditaments and Premises thereby Mortgages
Bonds Judgments and Securities aforesaid to the Persons or Persons paying off and discharging
the same or as he or they may direct or for other the purposes herein before mentioned and
which Deeds and Conveyances respectively and every of them we do hereby fully satisfy
and confirm. And further to do perform and execute all and every such lawful
and reasonable acts matters and things whatsoever as may be neceʃsary and required
for entering on record such Deeds Conveyances and aʃsinances and in the mean have and
until such Transfers respectively shall be made and such Conveyances as aforesaid duly
executed and completed to freight ship and consign the sugars Coffee Cottons and other produce
and Profits of such Mortgaged and other Our Plantations and estates and all monies effects
and Merchandize which thus our said Attorney and Substitutes as aforesaid shall from time to
time respectively be in poʃseʃsion of or receive from any Person or Persons whomsoever or in
any manner whatsoever by virtue of these Presents and unto us the said John Tarleton and

Daniel
557
Daniel Backhouse or unto such other Person or Persons as we may direct and appoint
And also for us and in our names and in the names of the said Thomas Tarleton and us? to
compound for any Debt or Debts due or to become due to us or the said Thomas Tarleton and us
respectively in the several Capacities aforesaid and to accept such money Goods or effects or secu-
rities for money goods or effects for the whole or any Part thereof as our said attornies and sub-
stitutes or any of them shall think proper and to make up and adjust and finally settle with
the said William Postlethwaite or surviving Partner of Thomas Morris late of Grenada
aforesaid Merchant deceased and as our late Agent and the late agent of the said Thomas
Tarleton and us as also with Meʃseiurs Louis? Hatton and John Coupland of said Saint Vincent aforesaid
Merchants late Agents of the said Thomas Tarleton and us at the aforesaid Island respectively
or with the survivor or survivors respectively or their or his respective Representatives.
And Also with all and any other person and Persons whomsoever all accounts reconings
claims and demands any ways depending between them and any of them and the said Thomas
Tarleton and us And for these purpose to make all just allowances which they our said Attor-
nies and Substitutes shall or may respectively think fit and to receive the balance and
balances arising to us or the said Thomas Tarleton and us, for our use thereon and in
Default or on nonpayment of any sum or sums of Money so due and owing or hereafter
to become due and owing to us or the said Thomas Tarleton and us on any account whatsoever
as aforesaid or on non-delivery of such goods Chattels and Effects Mortgages Bonds and
securities as aforesaid for us and the said Thomas Tarleton and us and in our or either of our
names or Firms or otherwise as may be neceʃsary and for and our Account and behalf
to commence and Prosecute with effect any Action or Actions Suit or Suits at Law or in
Equity that may be neceʃsary for the recovery thereof and to proceed to Judgment and Execu-
tion in such Actions and Suits respectively and to and continue the same at their discretion
And also for us and in our names and the said Thomas Tarleton and us or either him or us
to appear defend and Pleas to any Action or Actions Suit or Suits at Law or in Equity as
they our said Attornies may be advised shall be proper or neceʃsary or proper to defend
for our Benefit and to accommodate and lend the same when and in such manners as they shall
think fit and to submit to arbitration any differences or disputes that may arise touching
the Premises and for that Purpose for us and in our names and for the said Thomas
Tarleton and us and in his and our or either of his or our names or name or otherwise
as occasion may require to make sign Seal deliver and execute any Bond or Bonds
of Arbitration in any reasonable Penalty and to nominate and appoint or join in the
nomination or appointment of such arbitrators and to perform such award or

awards
558
Awards as shall be made on the Premises And generally for us and the
said Thomas Tarleton and us or either him or us in our several names and firms _____
_____ our use to transact settle and adjust all and every affairs and Concerns whatsoever
aforesaid in the several Islands and Places aforesaid and for that purpose to do perform
and execute all and whatsoever shall be needful and neceʃsary in the Premise for accomplish-
ing the Purposes aforesaid as fully and effectually to all Intents and Purposes as we or either
of us or the said Thomas Tarleton and us or either him or us could or might do if personally
present And one or more Attorney or Attornies Substitute or Substitutes under them our
said Attornies and Substitutes or any of them by writing under thus or his Hands or Hand
to nominate and appoint for the Purposes aforesaid and again to revoke such Substitution
or substitute at discreetion and from time to time to appoint and substitute any others _____
Person Persons in their respective Place and stead Giving and by these Presents Granting
unto our said Attornies and Substitutes and their and such of their Lawful substitute
and Substitutes our and each of our and the said Thomas Tarleton and our and each of our
full and absolute power and authority in the Premises and ratifying allowing and
confirming all and whatsoever they or any of them respectively shall lawfully do _____
to be done in the Premises in pursuance or by virtue hereof In Witneʃs whereof
all? Parties aforesaid have hereunto set their Hands and Seals this fifth day of March
in the Year of our Lord One thousand eight hundred and one.

John Tarleton LS
Daniel Backhouse LS
Sealed and delivered being first }
duly stamped in the presence of }

Liverpool
      James Taylor of the Borough of Liverpool in the Country of Lancaster
and United Kingdom Great Britain and Ireland Gentleman Maketh Oath that he was
present and did see John Tarleton and Daniel Backhouse both of Liverpool aforesaid
Esquires sing seal and as their respective act and Deed deliver the Power of Attorney
hereunto annexed on this present fifth day of March one thousand eight Hundred and
One in that the names or Letters “John Tarleton and Dan’ Backhouse” respectively
subscribed opposite their respective seals are of the several and respective Hands
writing of the said John Tarleton and Daniel Backhouse. And that the names or
Letter “Jas. Taylor” and “James Roper” thereto subscribed as witnesses attesting the execution
of the said Power of Attorney are of the respective proper Hands writing of this Deponent
and James Roper of Liverpool aforesaid Gentleman ---------- Jas. Taylor
Sworn at Liverpool afore? and this fifth day of March }
in the Year of our Lord One thousand eight Hundred and One }
Before }

John Haines Mayor
559
Borough of Liverpool
      To all whom these presents shall come I John Haines
Esquire Mayor of the Boro’ afsd Town of Liverpool, in the County of Lancaster and
United Kingdom of Great Britain and Ireland do hereby certify that on the day of the
date hereto John Tarleton and Daniel Backhouse of Liverpool aforesaid Esquires personally
appeared before me and did respectively acknowledge the Power of Attorney hereunto annexed
to be their respective act and deed And I do further Certify that James Taylor of
Liverpool aforesaid Gentleman & Person well Known and worthy of good Credit also person-
nally appeared before me on the day of the date hereof and freely and voluntarily deposed
on the Holy Evangelists to the truth of the affidavit on the other side –
In Testimony whereof I have caused the seal of Mayoralty }
of this said Borough to be hereunto affixed this fifth day of }
March in the Year of Our Lord 1801.

LS
By order of the may Rd. Hatham Dick Towen? Clerk.
Enjoy,

Jim

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