Part 237s – Smith Robertson Genealogy – Indenture Research – 1827 James, Archibald and David Smith

15 March 2010

Morning,

The allergy seasons has started, and so if I sneeze on my PC please excuse me. And I have to work outside to trim out the dead plants from the freezes and a lot of the garden beds are right under the oak trees which are yellow in bloom.

I’ve spent a bit of time on the new Blogsite, Quilts SB. I’ve segregated my genealogy and ancestry work and our quilting into two separate Blogs; A Genealogy Hunt and Quilts SB.

After transferring all the quilt posts from this Blog over, I thought it would be some easy move. Wrong. I had to check every quilt image and link to make sure that they were working correctly. Quilts SB seems to be working fine. I’m not sure about the search facility or the “Click here to continue reading” but it is a site under construction.

And last night I worked on transcribing the first Smith-related Document of the Grenada Registers of Records that I discovered in Item 7 of the microfilm FHL [1563329]. As far as I can read I do not believe that the three Smiths mentioned, James, Archibald, and David provide any concrete immediate evidence of any ancestral or relationship connections to ggg-grandfather James Smith.

From my previous analysis I would chance a guess that the James and Archibald Smith mentioned, are two of the immediate family members that were identified in previous “Jordanhill” reportings and Posts. All-things-being-equal there seems to be a number of possibilities.
  1. This James Smith was previously the James Smith, Junior;
  2. This James Smith is the son of the previously mentioned Archibald Smith, Junior, as I have discovered that the first Archibald Smith passed away in about 1821;
  3. This Archibald Smith was the previously mentioned Archibald Smith, Junior; or
  4. This Archibald Smith is the same as the previously included Archibald Smith, the Youngest, who may have been the son of Archibald Smith, Junior.
And if you are confused, don’t worry… be happy.

Here are the images of the Record; I believe a Power of Attorney, on pages 42 through 46:


And my transcription –
(42)
Entered 11 September 1829
To all to whom these presents shall come James Smith of
Jordanhill, Archibald Smith and Robert McCunn all of the City of Glasgow
in that part of Great Britain called Scotland Merchants, Copartners
carrying on Trade under the Firm and designation of James and
Archibald Smith and Company Send Greeting. Whereas the said
Copartners have resolved to nominate and appoint some persons as their
Attornies to act in the Island of Grenada and in all the other British and
Foreign West India Islands and Colonies except the Islands of Jamaica
for the purpose of Managing all and every of their mercantile Affairs and
business as also the Collecting and receiving Debts, Selling and conveying
Ships, Carrying on Suits at Law or in equity Leasing and selling
Heretages and Messuages and doing and performing the several other matters
and Things hereinafter mentioned – No therefore Know ye that the
said James Smith, Archibald Smith and Robert McCunn Copartners
foresaid Have made ordained Nominated constituted and
appointed and by these presents Do make ordain nominate
constitute and appoint Robert Kirk of the Island of Grenada Esquire
merchants and John Todd also of the said Island of Grenada Esquire
Merchant but presently in Glasgow jointly and each or either of them
separately whom failing by death or absence from the said Island of
Grenada or declining or becoming incapable to act then William Scott
Kirkland of the Island of Carriacou Esquire but presently in Glasgow
to be the true certain and lawful Attornies and Attorney of the said James
Smith, Archibald Smith and Robert McCunn Copartner foresaid In the
places foresaid For them the said Copartners and in their names and in the

names
(43)
Names of the Survivors or Survivor of them as Copartners foresaid or in the name
of the said House of Trade to manage negociate and Transact the said Affairs
and Business of the said James Smith Archibald Smith and Robert McCunn as
Copartners foresaid of the said House of Trade and Copartnership In all or any
of the places foresaid as fully freely and effectually in every respect and to all intents
and purposes as the said James Smith, Archibald Smith and Robert McCunn
or any of them could do if personally present and particularly without prejudice
in or limitation of the said general Powers To ask demand sue for recover and
receive all Debts and Sums of money which now are or hereafter may become
due and payable to them or any of them either by Mortgage Bond Bill Promissory
Note, Open Account, Account slated and balanced or otherwise whatsoever From all
and every person or persons in any of the said Places by whom the same is or hereafter
may become due and unpaid And if needful to call to account bring to a reckoning
and adjust and settle all and every demand whatsoever in the? all and every person
or persons concerned in the Premises and upon receipt and recovery of the said
debts and Sums of Money due and to become due as aforesaid or any part thereof
sufficient assignations conveyances acquittances and discharges To make and give
for the same And upon nonpayment thereof or any part thereof all and every
person or persons so addebted To sue arrest attach implead imprison and
prosecute for the same by all legal ways and means And upon payment
thereof or any part thereof the same persons again to acquit and discharge and
out of prison release and in like manner for them the said James
Smith, Archibald Smith and Robert McCunn and each of them and in
their and each of their names as Copartners foresaid or for and in name of the
said Company of James and Archibald Smith and Company To raise and
prosecute all Actions or Suits at Law or in Equity and to appear for them in
all such Actions or Suits which may be raised against them and to enter
satisfaction on Judgments in Law or in Equity And in like manner for the
said James Smith Archibald Smith and Robert McCunn To sign seal
execute and deliver any Bond or Bonds of Arbitration requisite for the purpose
of binding and obliging them and each of them to abide by and perform
the award or Order of any Arbitrator or Arbitrators Umpire or Umpires to be
nominated and chosen to act and determine in relation to the Premises and
farther for them the said James Smith Archibald Smith and Robert
McCunn or for or in name of the said Copartnership of James and Archibald
and Company To treat with any person or persons whatsoever for the leasing
selling or other dispositions of all or any Messuages Houses Ground Slaves
and Hereditaments in the said Island of Grenada or in any of the
Islands and Colonies aforesaid or any of them belonging to or which here-
after may belong to the said James Smith, Archibald Smith and Robert
McCunn or any or either of them as Copartners foresaid or the said James
and Archibald Smith and Company And after any Treaty and Agreement

made
(44)
Made and included as aforesaid for and in the name of them or any
of them To sign seal and deliver any addignment conveyance or assurance
to any person or persons that shall purchase and lease or agree to purchases
and lease the premises or any of them or any part of them as the said Attornies
or Attorney shall think fit for the sufficient assigning conveying and
assuring of such Messuages Houses Grounds Slaves and Hereditaments
which shall be so purchased leased and sold as aforesaid to the person or
persons who shall contract for and buy the same or any of them for the
Execution of every such Treaty and Agreement as aforesaid And
further for them the said James Smith, Archibald Smith and
Robert McCunn as Copartners aforesaid or for or in name of the said
Copartnership of James and Archibald Smith and Company To enter
satisfaction on the record of all Indentures of Mortgages which now or
hereafter shall or maybe vested in them the said James Smith
Archibald Smith and Robert McCunn Copartners foresaid in the same
manner as if the same were herein particularly mentioned or as
if a special power for the express purpose had been or should have
been executed by them. And severally for them the said James
Smith, Archibald Smith and Robert McCunn in their names or
in the name of the said Company of James and Archibald Smith
and Company and as their and each and every of their Acts and deeds
To make do sign seal execute deliver transact accomplish
and perform all and every matter and thing necessary and requisite
in or about the Premises in as full ample and beneficial a manner
as they and every of them might or could do if personally present
And with Power to the said Robert Kirk and John Todd or either
of them or whom failing as aforesaid to the said William Scott
Kirkland an Attorney or Attornies to act either under or along with
them or him or any of them in the foresaid Islands and Colonies or any of
them To nominate constitute and appoint for the purposes and with all
and every the Powers hereby given or such part thereof as the said Robert
Kirk and John Todd or either of them or whom failing as aforesaid
the said William Scott Kirkland shall think proper and the same
at pleasure to revoke annul and make void Ratifying and
Confirming as they the said James Smith, Archibald Smith and
Robert McCunn for themselves as Copartners foresaid and the said
Company Do by these presents Ratify confirm and declare valid and
effectual all and whatsoever the Attornies or Attorney their or
his Substitutes or Substitute under them or any of them to be
appointed as aforesaid shall lawfully do or cause to be done by virtue
hereof in relation to An lastly the said James Smith, Archibald
Smith and Robert McCunn Do by these presents revoke and annul

all
(45)
All Letters of Attorney formerly granted by them or any of their Attornies or
Attorney to any persons or persons for managing their affairs and business as
Copartners foresaid or the affairs and Business of the said House of Trade in all or
any of the Islands or Colonies aforesaid In witness whereof the said James Smith
Archibald Smith and Robert McCunn have hereunto set their respective
Hand and Seals this twelfth day of February in the year of Our Lord One thou-
sand Eight hundred and Twenty seven.

Jas: Smith (LS) Archd Smith (LS) Robt McCunn (LS)
Signed Sealed and Delivered (being first duly stamped) before and in presence of
David Smith Clerk to James & Archs Smith & Co.
Archd McCunn Clerk to James & Archd Smith & Co.
David Smith Clerk to James and Archibald Smith and Company
Merchants in Glasgow Maketh Oath saith the he was present
along with Archibald McCunn also Clerk to the said James and
Archibald Smith and Company and did see James Smith, Archibald
Smith and Robert McCunn the parties to the deed Poll or Power of Attorney
hereunto annexed bearing date the Twelfth day of February One thousand
Eight and Twenty seven severally sign seal and as their respective
Act and Deed in due form of Law deliver the said deed Poll and that the
names “Jas. Smith” “Arch Smith” and “Robt McCunn” subscribed
thereto as of the parties executing the same are of the respective proper hand
writing of the said James Smith, Archibald Smith and Robert McCunn
and that the names “David Smith” and “Archd McCunn” also sub-
scribed thereto as the Witnesses attesting the due execution thereof are of the
proper hand-writing of this deponent and the said Archibald McCunn
respectively

Davidʃsmith
Sworn at the City of Glasgow this sixteenth day of February One thousand
Eight hundred and Twenty seven before me

Wm. Hamilton
Provost
To all tp whom these presents shall come I the Honorable
William Hamilton Lord Provost and Chief Magistrate of the
City of Glasgow in that part of Great Britain called Scotland Do
hereby certify that on the day of the date hereof personally came
and appeared before me David Smith the Deponent named in the
foregoing Affidavit being a person well known and worthy of good credit
and by solemn Oath which the said Deponent then took before

me
(46)
Me upon the Holy Evangelists of Almighty God did solemnly and sincerely
depose testify and declare to be true the several matters and things mentioned
and contained in the said Affidavit
(LS)

In faith and Testimony whereof I the said Lord
Provost and Chief Magistrate have caused the
common Seal of the said City of Glasgow to be hereunto
put and affixed and the Deed Poll or Power of Attorney
mentioned and referred to in and by the said
Affidavit to be hereunto annexed Dated in Glasgow
the sixteenth day of February in the year of Our Lord
One thousand Eight hundred and Twenty seven
Wm Hamilton
And the question now is: Who is David Smith?

Got to run. More dead plants to clean out of the yard.

Enjoy,

Jim

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