Part 328s – Smith Robertson Genealogy – Indenture Research – 1833 James and Archibald Smith, Again Once More

Afternoon,

Just had a late morning thunderstorm. The humidity has increased. Temperature just dropped to 85˚F (29˚C) and the Heat Index to 93˚F (34˚C). Just found out that the Heat Index is measured in the shade. Earlier this week it was well over 100 degrees, Fahrenheit.

I’ve sort of been struggling with the Record that I’ve been transcribing this week in the continued search for the genealogy and ancestral origins of my ggg-grandfather James Smith. The next document from the Grenada Registers of Records exhibits extremely small and compacted writing, plus the ink has sort of smudged and blurred over since 1833.

The above-entered image is a clip, highlighting the location of the Union Estate, taken from the Map Of The Island of Grenada made by Gavin Smith in 1801.

The name Smith is repeated 60 times in this Record and the compounded name James Smith is repeated, at least 31 times. Not one of them refers to ggg-grandfather James.

The images, Pages 327 through and including 332, are downloaded from Item 6 of the microfilm FHL [1563380]. I believe that this Record is another Indenture of the former works in Part 325s and Part 326s.

Here are the images.

The lines of my transcription may not to wrap correctly on your monitor. I have placed a "hard-return" at the end of each line which should correspond to each complete line in the actual Documents. Here is my transcription.

(327)

Exd

Entered 10 January 1833

This Indenture made the Fifth day of January in the year of Our Lord One
thousand Eight hundred and Thirty three Between Henry Wharton Waddilove of the Island of
Grenada Esquire of the one part and James Smith Archibald Smith and Robert McCunn
Merchants and Copartners carrying on busineʃs in the City of Glasgow in Scotland under the style
or firm of James and Archibald Smith and Co of the other part Whereas divers transactions
and matter of busineʃs have for some years back paʃsed and take place between the said James
Smith Archibald Smith and Robert McCunn and the said Henry Wharton Waddilove the said
Henry Wharton Waddilove having been in the habit of consigning the sugars made on his Estate
called Union hereinafter more particularly mentioned to them the said James Smith Archibald
Smith and Robert McCunn ^and they the said James Smith Archibald Smith and Robert McCunn having sent out the stores and supplies and accepted and paid the
drafts which he the said Henry Wharton Waddilove had from time to time drawn and valued on them
And whereas there is now due and owing by the said Henry Wharton Waddilove to the said James
Smith Archibald Smith and Robert McCunn upon the transactions aforesaid the sum of Five
thousand Pounds Sterling money of Great Britain or thereabouts and the said Henry Wharton Waddilove
may have occasion to apply to the said James Smith Archibald Smith and Robert McCunn
to make further advances to enable him to carry on the cultivation and management of the
said Estate which the said James Smith Archibald Smith and Robert McCunn are inclined
to do upon having a mortgage security upon the said Estate and premises and which the said
Henry Wharton Waddilove had agreed to give and grant Now therefore this Indenture

witneʃseth

(328)

Witneʃseth that for and in consideration of the said agreement and of the said sum of Five thousand
pounds or thereabouts now due and owing from the said Henry Wharton Waddilove to the said James
Smith Archibald Smith and Robert McCunn And also for and in consideration of the sum of Ten
shillings of sterling and lawful money of Great Britain to the said Henry Wharton Waddilove in hand
well and truly paid by the said James Smith Archibald Smith and Robert McCunn at or imme
diately before the sealing and delivery of these presents the receipt whereof is hereby acknowledged He the said
Henry Wharton Waddilove Hath granted bargained sold aliened released and confirmed and by
these presents Doth grant bargain sell alien release and confirm unto the said James Smith Archibald
Smith and Robert McCunn (in their actual poʃseʃsion now being by virtue of a bargain and sale to
them thereof made for one whole year in consideration of Five shillings by Indenture bearing date the day
next before the fay of the date of these presents and by force of the statute made for transferring uses such poʃseʃsion
and to their heirs and aʃsigns All that plantation or estate called or known by the name of the Union formerly
of Thomas Townsend deceased situate in the Parish of Saint Mark in the said Island of Grenada containing
Four hundred and thirteen acres of land or thereabouts abutted and bounded as follows that is to say towards
the north partly by Duquesne Resource and Mount Pleasant Estate and on the West partly by lands belonging to George
Paterson and lands belonging to Mount Alexander Estate and an estate called Bellevue belonging partly
to Mount William and Industry Estates or howsoever otherwise the same is abutted bounded know distinguished
or described together with all meʃsuages houses buildings sugar works edifices and erections thereon erected
and built standing or being And all ways paths paʃsages waters watercourses trees woods underwoods canes
provisions and other growing things thereon mills stills still heads worms boilers coolers cisterns _____ ladles
skimmers plantation tools implements of planting and dead stock whatsoever And all horses mules cattle
oxen sheep and live stock whatsoever upon or belonging to the same lights easements priviledges profits commodities
advantages emoluments rights members hereditaments and appurtenances whatsoever to the said plantation
or estate lands and premises belonging or in any wise appertaining or therewith or with any part thereof used
occupied or enjoyed or accepted reputed deemed taken or known as part parcel or member thereof and also
all those one hundred and fifty nine slaves whose names are particularly mentioned and set forth in the
schedule hereto annexed together with the future iʃsue and increase of the females of the said slaves and
the reversion and reversions remainder and remainders rents iʃsues and profits of all and singular the said
plantation slaves and premises And also all the estate right title interest use trust property claim and
demand whatsoever both at law and in equity of him the said Henry Wharton Waddilove of in to as out
of the same premises every or any part or parcel thereof and all deeds evidences and writings? which solely
relate to or concern the said plantation slaves and premises in his custody or power or which he can or may
get or come by without suit at law or in equity To have and to hold the said plantation buildings lands
slaves hereditaments and all and singular other premises mentioned to be hereby granted and released or
intended so to be with? their and every of their rights _____ and appurtenances unto the said James Smith
Archibald Smith and Robert McCunn their heirs and aʃsigns to their only proper? use and behoof of the
said James Smith Archibald Smith and Robert McCunn their heirs and aʃsigns for ever? subject
nevertheleʃs to the proviso and condition hereinafter mentioned or contained _____ the same (that is to say)
Provided always and the said James Smith Archibald Smith and Robert McCunn their heirs executors
and administrators do hereby covenant promise and agree to and with the said Henry Wharton Waddilove
his heirs and aʃsigns that if the said Henry Wharton Waddilove his heirs executors or administrator do

and 

(329)

And shall well and truly pay or cause to be paid unto the said James Smith Archibald Smith and
Robert McCunn heir executors administrators or aʃsigns at the _____ house of the said James and
Archibald Smith in Glasgow on or before the first day of January which will be in the Year of Our Lord
One thousand Eight hundred and Thirty six the full sum of Five thousand pounds sterling money of Great
Britain within interest thereon at the rate of Five Per Centum Per Annum from the and of the date hereof
or on such sum as may appear by the account current of the said Henry Wharton Waddilove with the
said James Smith Archibald Smith and Robert McCunn to be fairly due on this day without any
______ or abatement net of the same forms in respect of any notes taxes charges aʃseʃsments or impositions
whatsoever already taxed aʃseʃsed or imposed or hereafter to be rated taxed aʃseʃsed or imposed by authority
of Parliament or otherwise howsoever on the said plantation or estate lands slaves hereditaments and
premises hereby released or mentioned and intended so to be or any part thereof or on the said sum of Five
thousand pounds or such sum or sums as may to now become due or hereafter become due or any part
thereof to the said James Smith Archibald Smith and Robert McCunn their heirs executors administrators
or aʃsigns in respect thereof a fee? or in respect of any other sum or sums of money that may be hereafter lent
or advanced or become due from the said Henry Wharton Waddilove to the said James Smith Archibald
Smith and Robert McCunn of for or in respect of any other matter or thing whatsoever then from and
_____ thereafter or after such payment to made as aforesaid the said James Smith Archibald Smith
and Robert McCunn their heirs and aʃsigns shall and will at the request of the said Henry Wharton Waddilove
his heirs executors or administrators convey and _____ the said Plantation or estate lands slaves hereditaments and
premises hereby released or mentioned and intended so to be with their and every of their appurtenances
unto and to the use of the said Henry Wharton Waddilove his heirs and aʃsigns or to and for such uses
estates and purposes as he the said Henry Wharton Waddilove his heirs or aʃsigns shall direct _____ or
appoint freed and discharged of and from all incumbrances whatsoever committed or done by them the said
James Smith Archibald Smith and Robert McCunn or any of either of them ^ their or any or either of their Heirs or aʃsigns, And the said
Henry Wharton Waddilove for himself his heirs executors ^and administrators doth hereby covenant promise and
agree to and with the said James Smith Archibald Smith and Robert McCunn their heirs executors
administrators and aʃsigns in manner following (that is to say) that he the said Henry Wharton Waddilove
his heirs executors and administrators shall and will well and truly pay or cause to be paid unto the said
James Smith Archibald Smith and Robert McCunn their executors administrators and aʃsigns the said sum
of Five thousand pounds Sterling money aforesaid with interest as aforesaid at the time and place and in manner
above limited? for payment thereof accorded to the true intent and meaning of the above written proviso And also
that he the said Henry Wharton Waddilove now hath in himself good right full power and absolute authority
by these present to grant bargain sell release and convey the said plantation lands buildings Slaves
hereditaments and premises hereby released or mentioned or intended so to be justly their and every of
their appurtenances unto and to the use of the said James Smith Archibald Smith and Robert Mc
Cunn their heirs and aʃsigns in manner aforesaid and according to the true intent and meaning of
these presents And further that from and after default shall happen to be made of or in payment of
the said sum of Five thousand pounds or of any such further advances and sums of money which
the said James Smith Archibald Smith and Robert McCunn may pay or cause under on
account for the said Henry Wharton Waddilove or the said said Union Estate according to the true intent
and meaning of these presents and the before mentioned proviso it shall and may be lawful
to and for the said James Smith Archibald Smith and Robert McCunn their heirs and aʃsigns

peaceably

(330)

Peaceably and quietly to enter into have hold and enjoy the said plantation slaves and premises
hereby? or mentioned and intended to be hereby released with their appurtenances and receive and take
the rents iʃsues and profits thereof to their own use and uses without the let hindrance interruption _____
of the said Henry Wharton Waddilove his heirs or aʃsigns or any of them or of any other person or persons
whosoever and that (save and except or certain mortgage incumbrance of Eight thousand pounds
sterling money of Great Britain affecting the same by Indentures bearing sale respectively the third and
fourth days of January in the Year of Our Lord One thousand Eight hundred and twenty eight and
made between the said Henry Wharton Waddilove of the one part and Sophia Townsend Charlotte
Townsend Caroline Townsend and Louisa Townsend therein described of the other part _____ free and clear
and freely and clearly acquitted exonerated and discharged or otherwise by the said Henry Wharton Waddilove
his heir executors and administrators saved? defended kept harmleʃs and indemnified of from and against
all and all manner of former and other gifts grants bargains sales mortgages jointures dowers uses
entails statutes recognizances judgments titles charges and incumbrances whatsoever And that he the
said Henry Wharton Waddilove and his heirs and all and every other person or persons whomsoever having
or lawfully claiming or who shall or may hereafter have a lawfully claim any estate right title _____ or
interest as to or out of the said plantation or estate lands buildings slaves hereditaments and premises
hereby or mentioned or intended to be hereby released or any part thereof shall and will from time to time
and at all times from and after default shall happen to be made of or in payment of the said sum of
Five thousand pounds and if any further sum and sums of money hereafter to be advanced paid laid out
or expensed to or for the behoof of the said Henry Wharton Waddilove or the said Union estate and interest
as aforesaid upon the reasonable request and at the costs and charges of the said James Smith Archibald Smith
and Robert McCunn their heirs executors and administrators make do acknowledge levy suffer and execute
or made? and procure to be made done acknowledged and executed all and every such further and other lawful
and reasonable act and acts deed and deeds devices conveyances and aʃsurances in the law whatsoever for the
further better more perfect and absolute conveying and aʃsuring the said premises hereby released or mentioned
and intended to be with their and every of their appurtenances unto and to the use of the said James Smith
Archibald Smith and Robert McCunn their heirs or aʃsigns or their Counsel in the law shall be reasonably _____ or
advised and required And lastly it is hereby declared and agreed by and between the said parties to these
presents that until default shall happen to be made of or in payment of the said sum of Five thousand
pounds and all and every sum sum and sums of money hereafter to be advanced last and paid as aforesaid or
of the interest thereof contrary to the true interest and meaning of the above written proviso it shall ^_____ and may be lawful
to and for the said Henry Wharton Waddilove and his heirs and aʃsigns peaceably and quietly to have hold and
enjoy the said premises hereby released or mentioned and intended so to be with their and every of their appurte
nances and receive and take the rents iʃsues and profits thereof without the let suit hindrance interruption or
denial of or by the said James Smith Archibald Smith and Robert McCunn their executors and administrators
or aʃsigns or of any other person or persons whomsoever lawfully claiming or who shall or may claim by from or
under them any or wither of them In Witneʃs whereof the said parties to these presents their hands and seals
have hereunto set the day and year first above written - Henry Wharton Waddilove (LS)

James Smith by his Attorney Robert Kirk (LS)

Archibald Smith by his Attorney Robert Kirk (LS)

Robert McCunn by his Attorney Robert Kirk (LS)

Sealed and delivered in the presence of

Jno Dixon Gilbert Owsley Rowley

Schedule

(331)

Schedule of Slaves referred to in and by the aforegoing Indenture 

Males

Abraham	20 Gregoire	Joseph	Noel
Alexis	Honoire	40 Joseph Ker	Paddy
Artist	Horatio	Julien 1	60 Peter
Bernard	Hugh	Julien 2	Pierre
5 Caesar	Isaac	Justin	Polite
Caliste	25 Jack	King	Richard 1
Croʃse?	Jim Black	45 Lofaret?	Richard 2
Charles	Jerome	Laurent	65 Richmond
David	John	London	Robert
10 Denis	Jno Baptiste	Louis	Sam
Diamond	30 Jno Cabre	McSween	Sandy
Edward	Jno Charles	50 Magloire?	Sandy Ker
Edward Bishop	Jno Elley	Mark	70 Simon
Ettienne	John Jack	Maurice 1	Thomas
15 Francois	Jno Joseph	Maurice 2	Touʃsaint
Frank	35 Jno Louis	Modest	William
George 1	John McLaurence?	55 Ned Ker	74 William Cameron
George 2	Jno Noel	Nicholas
Ginger	Jno Pierre	Noel

Females

Adelaide 1	Elinot	Madlaine Ker	Pauline 1
Adelaide 2	Eliza	Madlonette	65 Pauline 2
Agnes	Franchine	45 Margaret 1	Peggy
Alexandrine	20 Francis	Margaret 2	Pitaque
5 Angel	Franciette	Margaret Ker	Pindar
Anne	Germaine	Marie	Reine
Baby	Glaudine	Mariette	70 Rosallie
Bolta?	Hanah	50 Mary Ann	Ruffine
Betsy Ker 1	30 Javotte	Mary Cary 2	Rose 1
10 Betsy Townsend	Jenny	Mary Dominique	Rose 2
Bibianne	Jane Claire		Mary Emma 1	Sally
Catherine 1	Jane Rose	Mary Emma 2	75 Sally Ker
Catherine 2	Jeannette	55 Mary Gibson 1	Sophia 1
Charlotte	35 Jeʃsy	Mary Gibson 2	Sophia 2
Christianne	Janine?	Mary Jane	Susanne
Claire	Julianne	Mary Madlaine	Susey
Chloe	June	Mary Rose	80 Thelioste
Clarene	Kitty	60 Mary Therese	Toinette
			Therese
Cumba	Louisa	Mary Townsend	Zabeth 1
20 Delia	Lucy	Monique	Zabeth 2
Elinore	Madlaine	Nanon	85 Zetrine?

(332)

Grenada - Acknowledged before me by Henry Wharton Waddilove Esquire one of the parties executing the written?
Indenture of Release as and for his free and voluntary act and deed and also Robert Kirk Esquire as the Attorney
in the several and respective names of and as for the several and respective free and voluntary acts and
deeds of James Smith Archibald Smith and Robert McCunn the other parties to the said Indenture of
Release this ninth day of January in the Year of Our Lord One thousand Eight hundred and thirty three.

Owsley Rowley – Reg –

And I now move on to the next Record.

Enjoy,

Jim