MITCHEL vs. PORRES
Item
Rights
Permission to publish from Archivo Nacional de Cuba
Publisher
University of Galway
Format
JPG
Type
Manuscript
Number of pages
15
Source
Archivo Nacional de Cuba
Creator
Tribunal de Comercio
Identifier
ANC_TC_284/5
Date
1809-04-04
Surname
Mitchel
Firstname
Colin
Title
MITCHEL vs. PORRES
Translator
CSG
Description
Colin Mitchel como apoderado de Alexandro Nimmo contra la sucesión y herederos de José de Porres sobre pesos.
Colin Mitchel as agent of Alexandro Nimmo against the succession and heirs of José de Porres on pesos.
Transcript
001
Consulado
Colin Mitchel como apoderado de Alexandro Nimmo contra la sucesión y herederos de José de Porres sobre pesos.
002
Bahamas Islands
By his honour William Munnings Esquire President and Commander in Chief in and over the said Islands, and of the Garrisons there, or that may be sent either Chancellor, Vice Admiral and Ordinary of the same.
To all to whom these presents shall come, know ye that James Kerr Esquire before whom the two several affidavits hereunto annexed were lichen and (...) to and whose name is there, auto and to the certificate also hereunto annexed, set and subscribed Affidavits and Certificate, and now is a Notary Public for and within the said Bahamas Islands. Therefore all due Faith and (...) is an eight to be had and given to his certificates, Allistations and other proceedings as such.
In testimony whereof I have caused the Great Seal the said Island to be hereunto put and offered at Nassau in the Island of New Providence this fourth day of April in the year of our lord one thousand eight hundred and nine, and in the forty ninth Year of his Majesty Reigns.
By his Honours Command
Colin M Cartney.
003
Be it remembered that on Saturday the first day of April in the Year of our Lord one thousand eight hundred and nine, before mi James Kerr, Notary Public by lawful authority appointed duly admitted and sworn residing in the Town of Nassau, Island of Providence aforesaid appeared personally Alexander Nimmo merchant and Tomas Porres, Leader both of the fame Island, and the said Almighty God made both, that John McDonald and Alexander McDonald, both late of the said Island of New Providence merchant deceased did in their lifetime carry on Business as Espartero in trade along with Mathew Macalister and Roderick MacDonald and Company in Glasgow in Scotland and in the said Island of New Providence under the Firm of John MacDonald and Company, the said John MacDonald and Alexander MacDonald managing the Concerns of the said Company at New Providence, and the said Mathew Macalister and Roderick McDonald at Glasgow. That during the latter part of the was next preceding the last was between Great Britain and Spain the said firm of John McDonald and Company had dealings to a considerable extent with Joseph de Porres of Havana, merchant, and the above named Thomas Porres Brother of the said Joseph de Porres, resided at New Providence in the capacity of Agent or Factor of the said Joseph de Porres, the said John McDonald and Company being directed by the said Joseph de Porres to Consult with and to receive and execute all instructions given them by the said Tomas Porres regarding their dealings and Concerns with the said Joseph de Porres, with which the said John McDonald and Company accordingly complied. That upper settlement of account stated between the said Joseph de Porres and the said John McDonald and Company, had on the Sixteenth day of November in the Year of our Lord one thousand eight hundred and four. A balance of two thousand one hundred and twenty six dollars and seven Royals remained due and owing from the said Joseph Porres to the John McDonald and Company, for the satisfaction of which he granted them the Promissory note or Obligation hereunto and marked B. To which the deponent refers. And this deponent further made bath, that some time in the month of February in the Year one thousand eight.
004
Hundred and five, the said Tomas Porres who had been for sometimes at Havana, returned to Nassau, and delivered to the said John McDonald and Company the annexed Letter signed Poss.mo bearing date at Havana on the second day of that month, and now marked C, as a letter of credit written in his behalf by the said Joseph de Porres under the fictitious signature of Pop and this Deponent verily and in his Conscience believes that letter to have been written by and in the proper hand writing of the said Joseph de Porres under said fictitious signature, the said Joseph de Porres having resorted to that fiction throughout the whole of his correspondence with the said John McDonald and Company for the purpose of thereby the Spanish Government, on account of the then existing was, in the event that any of his letters should accidentally fall into the hands of officers of that government. And this deponent further made bath, that upon the credit and authority of the said letter marked C, the said John McDonald and Company again received and considered the said Tomas Porres as the prosper Agent and Factor of the said Joseph Porres, granted and conceded to him a limited credit for the account of the said Joseph de Porres and from time made him such advanced in goods and mercy as the said Tomas Porres required. That on the twelfth day of April, in the Year one thousand eight hundred and six, the advances as made by the said John McDonald and Company o thee said Tomas Porres, when the credit of the said Joseph de Porres, amounted to the Sum of seventeen thousand eight hundred and seventy seven dollars, one Royals and Shilling and ten pence, for which sum the said Tomas Porres granted them his own draft or bill of Exchange when the said Joseph de Porres, drawn of their request in favour of Major Francis Weir and Company of Charleston Merchants, and dated by the said Tomas Porres at Charleston instead of Nassau, the better to conceal the nature of the trade from those into whose hands or profession the said Bill and Exchange might come. And this deponent further made berth that the said Joseph de Porres for acceptance, the said Joseph de Porres refused to honour the same, alleging. That he had not funds in his hands belonging to the Drawer, and had no connection with him, in consequence of which the said Bill was regularly protected for non acceptance on the fifth day of May following by José de Salina, Public Notary at Havana, as appears from a Copy of such protest certified by the said José Salina, now remaining in the profession of this department. And this deponent further made bath, that the annexed account marked A, contains a true, correct and faithful statement of the debt now justly due by the said Joseph de Porres to the said firm of John McDonald and Company, that the firm has been contracted by the said Tomas Porres as he prosper Agent and Factor of the said Joseph de Porres, and that the said firm of John McDonald and Company has at...
005
...no time, either directly or indirectly received any payment or satisfaction from the said Joseph de Porres for the amount of the said Debtor of any past there.
And lastly this deponent made bath, that he is well and intimately acquainted with all and every the circumstances above set forth, having service as a Clerk to the said firm of John McDonald and Company in the life time of the concerns of that firm since their decease, by virtue and under the authority of a letter of Attorney to him from the said Mathew Macalister and Roderick McDonald the surviving co-partners. And the deponent further made Cath. That the annexed letter marked C, was written by and in the proper hand writing of the said Joseph de Porres, the brother of this deponent and by him delivered into the hands of this deponent at Havana on the day of its date. That the said Joseph de Porres received a fictitious signature in all his correspondence with the said firm of John McDonald and Company, and this deponent, for the purpose of evading the penalties attending a discovery of the nature of trade in which he was engaged. That this department having arrived at Nassau in the month of February in the year one thousand eight hundred and five, and delivered the said letter marked C to the said John Macalister and Company, they readily and without hesitation acknowledged him as the Agent of that letter, his directions, instructions, and requisitions to them should be strictly complied with whom which this deponent wrote to him said brother an account of his reception in answer to which he received, on the twentieth day of March following the annexed letter, marked D, dated at Havana on the fourth of that Month, likewise written by and in the proper hand writing of the said Joseph Porres, under the fictitious signature of Poss. And this deponent further made bath, that the annexed account, marked A, is correctly stated, and that the amount thereof the Sum of twenty three thousand, nine hundred and forty nine dollars five Royals or Shillings and two pence, is and remains justly and truly owing from the said Joseph de Porres to the said firm of John McDonald and Company, the same having been contracted by this deponent as the proper Agent of the said deponents Alexander Nimmo and Tomas Porres are well known to me, that they are persons of good fame and reputation and to whose testimony all faith and credit is and ought to be given. And I do further testify that the said deponent Tomas Porres, being a...
006
...Spaniard by birth, his deposition was read over to him in my presence in through Spanish Language. And lastly I do certify that the sum of two thousand six hundred and eighty one dollars four Shilling and five pence, charged in the annexed account marked A, for damages on the amount of the protested bill of exchange, as been so charged or conformity with the provision of an act of legislature of these Island, made and posed in the forty first year of His Majesty’s Reign, settling the same at fifteen per century on all such bills drawn on America or any of the West-Indies Islands, and that the interest lawfully taken in these Islands is Six per century per annum.
Alex Nimmo
Tomas Porres
In testimony whereof the deponents have subscribed their names and the said notary have hereunto fit my hand and affixed my Seal of Office at Nassau , the Day, Month, and Yea first above written.
James Kerr
Notary Public
007
008
009
Carta de entrada de suministros de Tomas Porres y de John McDonald
010
Know all men by these present that we Mathew Macalister y Rophill and Roderick McDonald of the city of Glasgow in the part of Great Britain called Scotland. Merchants, Co-partners carrying on business along with John MacDonald and Alexander MacDonald of the Island of New Providence merchants, lately deceased under the firm of Roderick MacDonald and Company in Glasgow, and in the said Island of New Providence under the firm of John MacDonald and Company. Whereas in consequence of the death of the said John MacDonald and Alexander MacDonald managing partner of the (...) at New Providence, and the necessity of having some person or persons to manage and wind of the said business carried on under the said firm of John McDonald and Company. Have and each of his Hath, made, nominated and constituted and by these present make, nominate, constitute and appointed Alexander Nimmo, Laurence Craigie and Tomas Barr of New Providence (...) or any full power to them or him for us in our name (...) of the said John MacDonald and Company to ask (...) and receive of and from all and every person (...) and administrators in the said Island of (...) Island. Colony or place in America or the West (...) or foreign, who now are or may be indebted to the (...) Company. All and every such sum or sum of money, debts or demands whatsoever, whether by open account, bond, bill, mortgage or otherwise from and by any person or persons whatsoever in the said Island of New Providence, or in any of the places aforesaid, and upon recovery and receipt of such Sums, debts and demands or any all lawful ways and means as shall be judged necessary and requisite for the recovery of ouch sum and sums of money debts and demands, and for us the said Mathew Macalister and Roderick MacDonald as surviving partners aforesaid and in our behalf to accept, receive and take such satisfaction or security or to compound or agree for all and every such sum and sums of money debts and demands whatsoever or any part thereof as to our said attorneys or attorney that appear conducive to the interest of the said company, and also for us as partners...
011
...foresaid, and for our behalf to sell and dispose of all goods, bonds, tenements, slaves, hereditaments and other Real and Personal property belonging to us as surviving partners of the said company. With full power and authority to our said attorneys or attorney, duty to execute, according to the laws of the different places where such property may be situated, all such deeds of purveyance and other instruments as shall be necessary for the sale of our said property, and is general to do, perform and execute, all and every such partner and other lawful and reasonable acts, deeds, matters and things whatsoever needful and requisite for the purpose herein before mentioned as fully and effectually as we, the said Mathew Macalister and Roderick MacDonald as surviving partners of the said company of John MacDonald and Company, might or could do if personally present, with full power to the said Alexander Nimmo, Lawrence Graicie and Thomas Barr or any or either of them from time to time to name, substitute and appoint one or more person or persons under them or him to act in all or any of the places before mentioned, where it may be necessary to due diligence against the said Company Debtors, for executing the powers hereby rested in the said Alexander Nimmo, Lawrence Graicie and Thomas Barr, or any or either of them, and at pleasure to work and renew such substitutions. Hereby satisfying and confirming all and whatever our said attorneys or attorney or those to be appointed by them or him, to act as their or his substitute or substitutes, shall lawfully do or cause to be done in and touching the premises by virtue of these presents, our said attorneys or attorney always accounting to us from time to time for all their transactions. In testimony whereof we have hereunto set our hands and affixed our seals at Glasgow aforesaid this twenty third Day of December in the Year of our Lord eighteen and seven and of the King’s Reign the forty eighth Year.
[Signed, Sealed and Delivered before and in presence of us]
John Park Fleming
Thomas Christie
M. Macalister
Roderick MacDonald
Thomas Christie of the city of Glasgow in the county of Lanark in the part of Great Britain called Scotland Gentleman, makes, bath and saint, That he along with John Park Fleming of the said City of Glasgow also Gentleman one of the subscribing witness to the execution of the paper writing or Letter of attorney hereto attached was present and did see the therein named and designed Mathew Macalister and Roderick...
012
...MacDonald sign, seal, execute and deliver the said Letter of attorney as and for their and each of their true and genuine acts and deeds, and that the said John Park Fleming and the deponent subscribed their name as witnessing thereto and in the presence of each other. And that the names M. Macalister and Roderick MacDonald appearing set and subscribed opposite to the seals on the said Letter of attorney as of the parties executing the fame and the names, John Park Fleming and Thomas Christie: subscribed below the probate of the execution of the said Letter attorney as of the parties witnessing the execution thereof are of the true and genuine hand writing of the said Mathew Macalister and Roderick MacDonald, and John Park Fleming and this deponents respectively. So help him God.
Thomas Christie
[Sworn at the said City of Glasgow the twenty third Day of December eighteen hundred and seven Years. Before me, James Mackenzie Esquire, Lord Provost and chief magistrate of said City.]
James Mackenzie
To all to whom these presents shall come James Mackenzie Esquire provost and Chief Magistrate of the City of Glasgow, in the county of Lanark in the part of Great Britain called Scotland, Do hereby certify and attest. That on the day of the date thereof personally came and appeared before me Thomas Christie the person named in and subscriber of the Affidavit written whom the preceding page, bring a person well known of good fame, and to whose testimony faith is and ought to be given, and by Solemn bath which he look before me on the (...) Evangelist of Almighty God, did testify and depose to be true the matters and things mentioned and contained in his said Affidavit.
In testimony whereof I have hereunto set my hand and caused the incorporation deal of the said City, to be hereunto affixed at Glasgow aforesaid the twenty third of December eighteen hundred and seven years.
James Mackenzie
I Thomas Graham of the city of Glasgow in that part of Great Britain called Scotland: Notary Public by lawful authority duty admitted and Sworn. Certify and attest. That James Mackenzie Esquire whose signature appears at the affidavit of Thomas Christie hereto attached...
013
... and also at the bottom of the certificate endorsed on the said Affidavit and who in the said certificate is designed to be Lord Provost and Chief Magistrate of said City of Glasgow is really and truly the Lord Provost or Chief Magistrate of said City, before whom all Affidavit taken,, and by whom all certificate granted are probative and bear legal evidence. And I further hand writing of the said James Mackenzie.
In testimony whereof I have hereunto set hand and affixed my seal at Glasgow aforesaid this twenty third day of December eighteen hundred and seven years.
Luce Attester
Thomas Graham
Bahamas Islands
New Providence
April 1st 1809
James Kerr Notary Public by lawful authority appointed duty admitted and Sworn residing in the town of Nassau Island of New Providence aforesaid, Do hereby certify the proceeding three pages (...) fourth page to contain true and faithful copies y their original (...) that the fame have been this day transcribed from ad duly collated by me with the said originals. In testimony whereof, I have hereunto fit my and affixed my seal of office at Nassau the Day, Month and Year above written.
James Kerr
Notary Public.
014
Bahamas Islands
Know all men by these presents, that Alexander Nimmo of the Island of New Providence Merchant by virtue of the power and authority to me given by Mathew Macalister and Roderick MacDonald of Glasgow, merchant the surviving Co-partners of the late firm of John MacDonald and Company of New Providence aforesaid in and by a certain deed or letter of attorney sealed and duly delivered, bearing date at Glasgow aforesaid on the Twenty third day of December in the year of Our Lord One thousand eight hundred and seven, if a true copy of which Letter of Attorney is hereunto annexed, if have made, substituted and appointed by these presents do make substitute and appoint Colin Mitchel of Havana in the Island of Cuba Merchant. (...) the true and lawful Attorney of the said Mathew Macalister and Roderick McDonald, surviving Co-partners as aforesaid, to ask, demand, recover and receive of Joseph de Porres, now or late of Havana, Merchant, his executors, administrators, and Hoigns* and all and every other person and persons in the said Island of Cuba all and every sum and sums of Attorney, due and passable, or in any way belonging to the said Mathew Macalister and Roderick ,McDonald as surviving co-partners as aforesaid. And to give receipts and as quantities for the same, and to transact and perform all the matters and things in the promises needful to be done, as fully as I could do, on the said Mathew Macalister and Roderick McDonald could do if personally present. Giving and granting to the said Colin Mitchel all the power and authority given to me by the said Alexander Nimmo in and by the said Letter of Attorney of the said Mathew Macalister and Roderick McDonald. In witness where I have hereunto set my hand and seal at Nassau island of the New Providence aforesaid, the first day of April in the year of Our Lord one thousand and eight hundred and nine, and in the forty ninth year of His Majesty’s Reign. I signed, sealed and delivered.
In the presence of
Charles Pallon
Thomas Porres Alexander Nimmo
James Kerr
Notary Public
015
Bahamas Islands
New Providence
Best remembered that on Saturday the first day of April in the Year of Our Lord one thousand eight hundred and nine. Before me James Kerr Notary Public by lawful authority appointed, duly admitted and swum, residing in the town of Nassau island of New Providence aforesaid, appeared personally Alexander Nimmo of the same Island merchant and acknowledged the he did make sign, seal and deliver the within letter of substitution for the purpose therein mentioned. And I notary, do certify that the words or name Alexander Nimmo set and subscribed to the said letter of substitution, as the party executing the aid Alexander Nimmo.
In testimony whereof, I the notary have hereunto set my hand and affixed my seal and office at Nassau, the day, month and year first above written.
James Kerr
Notary Public
Consulado
Colin Mitchel como apoderado de Alexandro Nimmo contra la sucesión y herederos de José de Porres sobre pesos.
002
Bahamas Islands
By his honour William Munnings Esquire President and Commander in Chief in and over the said Islands, and of the Garrisons there, or that may be sent either Chancellor, Vice Admiral and Ordinary of the same.
To all to whom these presents shall come, know ye that James Kerr Esquire before whom the two several affidavits hereunto annexed were lichen and (...) to and whose name is there, auto and to the certificate also hereunto annexed, set and subscribed Affidavits and Certificate, and now is a Notary Public for and within the said Bahamas Islands. Therefore all due Faith and (...) is an eight to be had and given to his certificates, Allistations and other proceedings as such.
In testimony whereof I have caused the Great Seal the said Island to be hereunto put and offered at Nassau in the Island of New Providence this fourth day of April in the year of our lord one thousand eight hundred and nine, and in the forty ninth Year of his Majesty Reigns.
By his Honours Command
Colin M Cartney.
003
Be it remembered that on Saturday the first day of April in the Year of our Lord one thousand eight hundred and nine, before mi James Kerr, Notary Public by lawful authority appointed duly admitted and sworn residing in the Town of Nassau, Island of Providence aforesaid appeared personally Alexander Nimmo merchant and Tomas Porres, Leader both of the fame Island, and the said Almighty God made both, that John McDonald and Alexander McDonald, both late of the said Island of New Providence merchant deceased did in their lifetime carry on Business as Espartero in trade along with Mathew Macalister and Roderick MacDonald and Company in Glasgow in Scotland and in the said Island of New Providence under the Firm of John MacDonald and Company, the said John MacDonald and Alexander MacDonald managing the Concerns of the said Company at New Providence, and the said Mathew Macalister and Roderick McDonald at Glasgow. That during the latter part of the was next preceding the last was between Great Britain and Spain the said firm of John McDonald and Company had dealings to a considerable extent with Joseph de Porres of Havana, merchant, and the above named Thomas Porres Brother of the said Joseph de Porres, resided at New Providence in the capacity of Agent or Factor of the said Joseph de Porres, the said John McDonald and Company being directed by the said Joseph de Porres to Consult with and to receive and execute all instructions given them by the said Tomas Porres regarding their dealings and Concerns with the said Joseph de Porres, with which the said John McDonald and Company accordingly complied. That upper settlement of account stated between the said Joseph de Porres and the said John McDonald and Company, had on the Sixteenth day of November in the Year of our Lord one thousand eight hundred and four. A balance of two thousand one hundred and twenty six dollars and seven Royals remained due and owing from the said Joseph Porres to the John McDonald and Company, for the satisfaction of which he granted them the Promissory note or Obligation hereunto and marked B. To which the deponent refers. And this deponent further made bath, that some time in the month of February in the Year one thousand eight.
004
Hundred and five, the said Tomas Porres who had been for sometimes at Havana, returned to Nassau, and delivered to the said John McDonald and Company the annexed Letter signed Poss.mo bearing date at Havana on the second day of that month, and now marked C, as a letter of credit written in his behalf by the said Joseph de Porres under the fictitious signature of Pop and this Deponent verily and in his Conscience believes that letter to have been written by and in the proper hand writing of the said Joseph de Porres under said fictitious signature, the said Joseph de Porres having resorted to that fiction throughout the whole of his correspondence with the said John McDonald and Company for the purpose of thereby the Spanish Government, on account of the then existing was, in the event that any of his letters should accidentally fall into the hands of officers of that government. And this deponent further made bath, that upon the credit and authority of the said letter marked C, the said John McDonald and Company again received and considered the said Tomas Porres as the prosper Agent and Factor of the said Joseph Porres, granted and conceded to him a limited credit for the account of the said Joseph de Porres and from time made him such advanced in goods and mercy as the said Tomas Porres required. That on the twelfth day of April, in the Year one thousand eight hundred and six, the advances as made by the said John McDonald and Company o thee said Tomas Porres, when the credit of the said Joseph de Porres, amounted to the Sum of seventeen thousand eight hundred and seventy seven dollars, one Royals and Shilling and ten pence, for which sum the said Tomas Porres granted them his own draft or bill of Exchange when the said Joseph de Porres, drawn of their request in favour of Major Francis Weir and Company of Charleston Merchants, and dated by the said Tomas Porres at Charleston instead of Nassau, the better to conceal the nature of the trade from those into whose hands or profession the said Bill and Exchange might come. And this deponent further made berth that the said Joseph de Porres for acceptance, the said Joseph de Porres refused to honour the same, alleging. That he had not funds in his hands belonging to the Drawer, and had no connection with him, in consequence of which the said Bill was regularly protected for non acceptance on the fifth day of May following by José de Salina, Public Notary at Havana, as appears from a Copy of such protest certified by the said José Salina, now remaining in the profession of this department. And this deponent further made bath, that the annexed account marked A, contains a true, correct and faithful statement of the debt now justly due by the said Joseph de Porres to the said firm of John McDonald and Company, that the firm has been contracted by the said Tomas Porres as he prosper Agent and Factor of the said Joseph de Porres, and that the said firm of John McDonald and Company has at...
005
...no time, either directly or indirectly received any payment or satisfaction from the said Joseph de Porres for the amount of the said Debtor of any past there.
And lastly this deponent made bath, that he is well and intimately acquainted with all and every the circumstances above set forth, having service as a Clerk to the said firm of John McDonald and Company in the life time of the concerns of that firm since their decease, by virtue and under the authority of a letter of Attorney to him from the said Mathew Macalister and Roderick McDonald the surviving co-partners. And the deponent further made Cath. That the annexed letter marked C, was written by and in the proper hand writing of the said Joseph de Porres, the brother of this deponent and by him delivered into the hands of this deponent at Havana on the day of its date. That the said Joseph de Porres received a fictitious signature in all his correspondence with the said firm of John McDonald and Company, and this deponent, for the purpose of evading the penalties attending a discovery of the nature of trade in which he was engaged. That this department having arrived at Nassau in the month of February in the year one thousand eight hundred and five, and delivered the said letter marked C to the said John Macalister and Company, they readily and without hesitation acknowledged him as the Agent of that letter, his directions, instructions, and requisitions to them should be strictly complied with whom which this deponent wrote to him said brother an account of his reception in answer to which he received, on the twentieth day of March following the annexed letter, marked D, dated at Havana on the fourth of that Month, likewise written by and in the proper hand writing of the said Joseph Porres, under the fictitious signature of Poss. And this deponent further made bath, that the annexed account, marked A, is correctly stated, and that the amount thereof the Sum of twenty three thousand, nine hundred and forty nine dollars five Royals or Shillings and two pence, is and remains justly and truly owing from the said Joseph de Porres to the said firm of John McDonald and Company, the same having been contracted by this deponent as the proper Agent of the said deponents Alexander Nimmo and Tomas Porres are well known to me, that they are persons of good fame and reputation and to whose testimony all faith and credit is and ought to be given. And I do further testify that the said deponent Tomas Porres, being a...
006
...Spaniard by birth, his deposition was read over to him in my presence in through Spanish Language. And lastly I do certify that the sum of two thousand six hundred and eighty one dollars four Shilling and five pence, charged in the annexed account marked A, for damages on the amount of the protested bill of exchange, as been so charged or conformity with the provision of an act of legislature of these Island, made and posed in the forty first year of His Majesty’s Reign, settling the same at fifteen per century on all such bills drawn on America or any of the West-Indies Islands, and that the interest lawfully taken in these Islands is Six per century per annum.
Alex Nimmo
Tomas Porres
In testimony whereof the deponents have subscribed their names and the said notary have hereunto fit my hand and affixed my Seal of Office at Nassau , the Day, Month, and Yea first above written.
James Kerr
Notary Public
007
008
009
Carta de entrada de suministros de Tomas Porres y de John McDonald
010
Know all men by these present that we Mathew Macalister y Rophill and Roderick McDonald of the city of Glasgow in the part of Great Britain called Scotland. Merchants, Co-partners carrying on business along with John MacDonald and Alexander MacDonald of the Island of New Providence merchants, lately deceased under the firm of Roderick MacDonald and Company in Glasgow, and in the said Island of New Providence under the firm of John MacDonald and Company. Whereas in consequence of the death of the said John MacDonald and Alexander MacDonald managing partner of the (...) at New Providence, and the necessity of having some person or persons to manage and wind of the said business carried on under the said firm of John McDonald and Company. Have and each of his Hath, made, nominated and constituted and by these present make, nominate, constitute and appointed Alexander Nimmo, Laurence Craigie and Tomas Barr of New Providence (...) or any full power to them or him for us in our name (...) of the said John MacDonald and Company to ask (...) and receive of and from all and every person (...) and administrators in the said Island of (...) Island. Colony or place in America or the West (...) or foreign, who now are or may be indebted to the (...) Company. All and every such sum or sum of money, debts or demands whatsoever, whether by open account, bond, bill, mortgage or otherwise from and by any person or persons whatsoever in the said Island of New Providence, or in any of the places aforesaid, and upon recovery and receipt of such Sums, debts and demands or any all lawful ways and means as shall be judged necessary and requisite for the recovery of ouch sum and sums of money debts and demands, and for us the said Mathew Macalister and Roderick MacDonald as surviving partners aforesaid and in our behalf to accept, receive and take such satisfaction or security or to compound or agree for all and every such sum and sums of money debts and demands whatsoever or any part thereof as to our said attorneys or attorney that appear conducive to the interest of the said company, and also for us as partners...
011
...foresaid, and for our behalf to sell and dispose of all goods, bonds, tenements, slaves, hereditaments and other Real and Personal property belonging to us as surviving partners of the said company. With full power and authority to our said attorneys or attorney, duty to execute, according to the laws of the different places where such property may be situated, all such deeds of purveyance and other instruments as shall be necessary for the sale of our said property, and is general to do, perform and execute, all and every such partner and other lawful and reasonable acts, deeds, matters and things whatsoever needful and requisite for the purpose herein before mentioned as fully and effectually as we, the said Mathew Macalister and Roderick MacDonald as surviving partners of the said company of John MacDonald and Company, might or could do if personally present, with full power to the said Alexander Nimmo, Lawrence Graicie and Thomas Barr or any or either of them from time to time to name, substitute and appoint one or more person or persons under them or him to act in all or any of the places before mentioned, where it may be necessary to due diligence against the said Company Debtors, for executing the powers hereby rested in the said Alexander Nimmo, Lawrence Graicie and Thomas Barr, or any or either of them, and at pleasure to work and renew such substitutions. Hereby satisfying and confirming all and whatever our said attorneys or attorney or those to be appointed by them or him, to act as their or his substitute or substitutes, shall lawfully do or cause to be done in and touching the premises by virtue of these presents, our said attorneys or attorney always accounting to us from time to time for all their transactions. In testimony whereof we have hereunto set our hands and affixed our seals at Glasgow aforesaid this twenty third Day of December in the Year of our Lord eighteen and seven and of the King’s Reign the forty eighth Year.
[Signed, Sealed and Delivered before and in presence of us]
John Park Fleming
Thomas Christie
M. Macalister
Roderick MacDonald
Thomas Christie of the city of Glasgow in the county of Lanark in the part of Great Britain called Scotland Gentleman, makes, bath and saint, That he along with John Park Fleming of the said City of Glasgow also Gentleman one of the subscribing witness to the execution of the paper writing or Letter of attorney hereto attached was present and did see the therein named and designed Mathew Macalister and Roderick...
012
...MacDonald sign, seal, execute and deliver the said Letter of attorney as and for their and each of their true and genuine acts and deeds, and that the said John Park Fleming and the deponent subscribed their name as witnessing thereto and in the presence of each other. And that the names M. Macalister and Roderick MacDonald appearing set and subscribed opposite to the seals on the said Letter of attorney as of the parties executing the fame and the names, John Park Fleming and Thomas Christie: subscribed below the probate of the execution of the said Letter attorney as of the parties witnessing the execution thereof are of the true and genuine hand writing of the said Mathew Macalister and Roderick MacDonald, and John Park Fleming and this deponents respectively. So help him God.
Thomas Christie
[Sworn at the said City of Glasgow the twenty third Day of December eighteen hundred and seven Years. Before me, James Mackenzie Esquire, Lord Provost and chief magistrate of said City.]
James Mackenzie
To all to whom these presents shall come James Mackenzie Esquire provost and Chief Magistrate of the City of Glasgow, in the county of Lanark in the part of Great Britain called Scotland, Do hereby certify and attest. That on the day of the date thereof personally came and appeared before me Thomas Christie the person named in and subscriber of the Affidavit written whom the preceding page, bring a person well known of good fame, and to whose testimony faith is and ought to be given, and by Solemn bath which he look before me on the (...) Evangelist of Almighty God, did testify and depose to be true the matters and things mentioned and contained in his said Affidavit.
In testimony whereof I have hereunto set my hand and caused the incorporation deal of the said City, to be hereunto affixed at Glasgow aforesaid the twenty third of December eighteen hundred and seven years.
James Mackenzie
I Thomas Graham of the city of Glasgow in that part of Great Britain called Scotland: Notary Public by lawful authority duty admitted and Sworn. Certify and attest. That James Mackenzie Esquire whose signature appears at the affidavit of Thomas Christie hereto attached...
013
... and also at the bottom of the certificate endorsed on the said Affidavit and who in the said certificate is designed to be Lord Provost and Chief Magistrate of said City of Glasgow is really and truly the Lord Provost or Chief Magistrate of said City, before whom all Affidavit taken,, and by whom all certificate granted are probative and bear legal evidence. And I further hand writing of the said James Mackenzie.
In testimony whereof I have hereunto set hand and affixed my seal at Glasgow aforesaid this twenty third day of December eighteen hundred and seven years.
Luce Attester
Thomas Graham
Bahamas Islands
New Providence
April 1st 1809
James Kerr Notary Public by lawful authority appointed duty admitted and Sworn residing in the town of Nassau Island of New Providence aforesaid, Do hereby certify the proceeding three pages (...) fourth page to contain true and faithful copies y their original (...) that the fame have been this day transcribed from ad duly collated by me with the said originals. In testimony whereof, I have hereunto fit my and affixed my seal of office at Nassau the Day, Month and Year above written.
James Kerr
Notary Public.
014
Bahamas Islands
Know all men by these presents, that Alexander Nimmo of the Island of New Providence Merchant by virtue of the power and authority to me given by Mathew Macalister and Roderick MacDonald of Glasgow, merchant the surviving Co-partners of the late firm of John MacDonald and Company of New Providence aforesaid in and by a certain deed or letter of attorney sealed and duly delivered, bearing date at Glasgow aforesaid on the Twenty third day of December in the year of Our Lord One thousand eight hundred and seven, if a true copy of which Letter of Attorney is hereunto annexed, if have made, substituted and appointed by these presents do make substitute and appoint Colin Mitchel of Havana in the Island of Cuba Merchant. (...) the true and lawful Attorney of the said Mathew Macalister and Roderick McDonald, surviving Co-partners as aforesaid, to ask, demand, recover and receive of Joseph de Porres, now or late of Havana, Merchant, his executors, administrators, and Hoigns* and all and every other person and persons in the said Island of Cuba all and every sum and sums of Attorney, due and passable, or in any way belonging to the said Mathew Macalister and Roderick ,McDonald as surviving co-partners as aforesaid. And to give receipts and as quantities for the same, and to transact and perform all the matters and things in the promises needful to be done, as fully as I could do, on the said Mathew Macalister and Roderick McDonald could do if personally present. Giving and granting to the said Colin Mitchel all the power and authority given to me by the said Alexander Nimmo in and by the said Letter of Attorney of the said Mathew Macalister and Roderick McDonald. In witness where I have hereunto set my hand and seal at Nassau island of the New Providence aforesaid, the first day of April in the year of Our Lord one thousand and eight hundred and nine, and in the forty ninth year of His Majesty’s Reign. I signed, sealed and delivered.
In the presence of
Charles Pallon
Thomas Porres Alexander Nimmo
James Kerr
Notary Public
015
Bahamas Islands
New Providence
Best remembered that on Saturday the first day of April in the Year of Our Lord one thousand eight hundred and nine. Before me James Kerr Notary Public by lawful authority appointed, duly admitted and swum, residing in the town of Nassau island of New Providence aforesaid, appeared personally Alexander Nimmo of the same Island merchant and acknowledged the he did make sign, seal and deliver the within letter of substitution for the purpose therein mentioned. And I notary, do certify that the words or name Alexander Nimmo set and subscribed to the said letter of substitution, as the party executing the aid Alexander Nimmo.
In testimony whereof, I the notary have hereunto set my hand and affixed my seal and office at Nassau, the day, month and year first above written.
James Kerr
Notary Public
Language
Spanish
Abstract
Consulado. Colin Mitchel, apoderado de Alexandro Nimmo contra la sucesión y herederos de José de Porres.
4 de abril de 1809. Nassau, Nueva Providencia, Bahamas. William Munnings Esq. Presidente y Comandante en Jefe de Islas, informa que James Kerr Esq. presentó Declaraciones Juradas y Certificado como Notario Público para las Islas Bahamas. [Firma de] Colin McCartney.
Sábado, 1 de abril de 1809. Alexander Nimo y Thomas Porres comparecen ante James Kerr, notario público, para testificar que John McDonald y Alexander McDonald, ambos murieron en New Providence. Realizaban negocios como Espartero en el comercio junto con Mathew Macalister y Roderick MacDonald & Co. de Glasgow, Escocia y en New Providence bajo la firma de John MacDonald & Co. John MacDonald y Alexander MacDonald administraban la Compañía en New Providence , mientras que Mathew Macalister y Roderick McDonald, en Glasgow. Que John MacDonald & Co., de Gran Bretaña y España, tenía tratos considerables con Joseph de Porres de La Habana, comerciante, y con Thomas Porres, hermano de Joseph, quien residía en New Providence en calidad de Agente o Factor de Joseph de Porres. MacDonald & Co. siendo instruido por Joseph de Porres para consultar y recibir y ejecutar todas las instrucciones dadas por Tomas Porres con respecto a sus tratos con Joseph de Porres. Una liquidación de cuentas entre Joseph de Porres y John MacDonald & Co., el 16 de noviembre de 1804 establece un saldo de 2.126 dólares y 7 reales que quedaban vencidos y adeudados por Joseph Porres a John MacDonald & Co., por lo que otorgó la Pagaré u Obligación marcada 'B'.
En algún momento del mes de febrero de 1805, Tomás Porres, regresó a Nassau desde La Habana y entregó a McDonald & Co. la carta anexa fechada en La Habana el 2 de febrero, marcada como ‘C’. Esta es una carta de crédito, escrita por Joseph de Porres bajo la firma ficticia de Pope [Poss] a la que, creo que Porres recurrió a lo largo de toda su correspondencia con McDonald & Co. McDonald & Company recibió y consideró a Tomas Porres como el Agente y Factor de Joseph Porres, le otorgó y concedió un crédito limitado por la cuenta y, de tiempo, le hizo los adelantos en bienes y merced que requería. El 12 de abril de 1806, los adelantos de McDonald and Co. a Tomás Porres, ascendieron a 17 877 dólares, 1 real con chelín y 10 peniques, por lo que Tomás Porres otorgó su propia letra de cambio, girada a favor del mayor Francis Weir & Co. Comerciantes de Charleston. La carta, para ocultar la naturaleza del intercambio, fue fechada por Tomás Porres en Charleston en lugar de Nassau. Joseph de Porres luego se negó a honrarlo, alegando que no tenía los fondos. En consecuencia, el proyecto de ley fue regularmente procesado por no aceptación el 5 de mayo por José de Salinas, Notario Público en La Habana. McDonald & Co. no ha recibido pago alguno de Joseph de Porres.
Por último, creo que estaba bien e íntimamente familiarizado con todas las circunstancias arriba expuestas, ya que se desempeñó como secretario en McDonald & Co desde su fallecimiento, en virtud y bajo la autoridad de una carta notarial de Mathew Macalister y Roderick McDonald, los copartícipes supervivientes. Además, creo que la carta anexa marcada como 'C', fue escrita por Joseph de Porres y entregada en mis manos en La Habana. Que Joseph de Porres usó una firma ficticia en toda su correspondencia con McDonald & Co. y conmigo, con el propósito de evadir las penas derivadas de un descubrimiento de la naturaleza, y habiendo llegado su departamento a Nassau en el mes de febrero del año uno mil ochocientos cinco, y entregó dicha carta marcada con 'C' a Macalister & Co., lo reconocieron como el Agente y se cumplieron estrictamente sus direcciones, instrucciones y requisiciones. En la cuenta anexa, marcada como 'A', se afirma que la Suma de veinte 23,949 dólares 5 Reales o Chelines y 2 peniques, se adeuda y permanece.
Testifico además que a Tomás Porres, siendo español de nacimiento, se le leyó su declaración en mi presencia en idioma español. Y por último, certificar que la suma de 2,681 dólares 4 chelines y 5 peniques, cargada en la cuenta anexa marcada como 'A', por concepto de daños y perjuicios ha sido cargada de conformidad con lo dispuesto en un acto legislativo hecho y asentado en el año 41 de Su reinado de la majestad,
Tomás Porres. Testimonio sellado por el notario, en Nassau, el Día, Mes y Sí primero escrito arriba. [firma de] James Kerr
[Carta de entrada de suministros de Tomas Porres y de John McDonald]
Glasgow este 23 de diciembre del año del Señor de 1807. Testimonio. Mathew Macalister y Rophill y Roderick McDonald de Glasgow, socios que realizan negocios junto con John MacDonald y Alexander MacDonald de la Isla de Nueva Providencia, comerciantes fallecidos bajo la firma de Roderick MacDonald & Co. en Glasgow, y en Island of New Providence bajo la firma de John MacDonald & Co., considerando que, como consecuencia de la muerte de John MacDonald y Alexander MacDonald, socios gerentes de la Firma en New Providence, y la necesidad de tener algunos persona o personas para administrar el negocio, nombrar a Alexander Nimmo, Laurence Craigie y Tomas Barr de New Providence.
[Firmado, Sellado y Entregado ante nosotros y en nuestra presencia]
[Firmas de] John Park Fleming, Thomas Christie, M. Macalister, Roderick MacDonald
Thomas Christie de Glasgow, afirma que él, junto con John Park Fleming de Glasgow, fue testigo de la ejecución de este documento, estuvo presente y vio a Mathew Macalister y Roderick MacDonald firmar, sellar, ejecutar y entregar esta carta notarial. La fama y los nombres de John Park Fleming y Thomas Christie, suscritos a continuación, son testigos de la ejecución de Mathew Macalister, Roderick MacDonald y John Park Fleming. Prestó juramento en la ciudad de Glasgow el 23 de diciembre de 1807. Antes, James Mackenzie Esquire, Lord Provost y magistrado jefe de la ciudad.
[Firma de] James Mackenzie
23 de diciembre de 1807. Glasgow. A todos aquellos a quienes lleguen estos obsequios, yo, James Mackenzie Esquire, preboste y magistrado jefe de la ciudad de Glasgow, condado de Lanark, Escocia, Gran Bretaña, certifico por la presente que el día de la fecha vino personalmente y se presentó ante mí Thomas Christie, la persona nombrada en la declaración jurada traerá a una persona conocida de buena fama, y a cuyo testimonio se debe y se debe dar fe, testificó y declaró ser verdadero. En testimonio, he puesto mi mano y estampado el sello de la Ciudad.
[Firma de] James Mackenzie
Glasgow, 23 de diciembre de 1807. Yo, Thomas Graham de la ciudad de Glasgow, Escocia, Gran Bretaña, Notario Público, certifico y doy fe de que James Mackenzie Esq. cuya firma aparece en la declaración jurada de Thomas Christie adjunta al presente es probatoria y constituye evidencia legal.
[Firma de] Thomas Graham
1 de abril de 1809. Islas Bahamas, Nueva Providencia.
James Kerr, notario público con domicilio en la ciudad de Nassau Island of New Providence, por la presente certifica que el documento procesal contiene copias verdaderas y fieles de su original [firma de] James Kerr
Nasáu, Bahamas. Alexander Nimmo de New Providence en virtud del poder otorgado por Mathew Macalister y Roderick MacDonald de Glasgow, mediante carta notarial sellada en Glasgow el 23 de diciembre de 1807, nombra a Colin Mitchel de La Habana en la Isla de Cuba, procurador de Mathew Macalister y Roderick McDonald, para exigir, recuperar y recibir de Joseph de Porres. En presencia de Charles Pallon, Thomas Porres, Alexander Nimmo y James Kerr, Notario Público
4 de abril de 1809. Nassau, Nueva Providencia, Bahamas. William Munnings Esq. Presidente y Comandante en Jefe de Islas, informa que James Kerr Esq. presentó Declaraciones Juradas y Certificado como Notario Público para las Islas Bahamas. [Firma de] Colin McCartney.
Sábado, 1 de abril de 1809. Alexander Nimo y Thomas Porres comparecen ante James Kerr, notario público, para testificar que John McDonald y Alexander McDonald, ambos murieron en New Providence. Realizaban negocios como Espartero en el comercio junto con Mathew Macalister y Roderick MacDonald & Co. de Glasgow, Escocia y en New Providence bajo la firma de John MacDonald & Co. John MacDonald y Alexander MacDonald administraban la Compañía en New Providence , mientras que Mathew Macalister y Roderick McDonald, en Glasgow. Que John MacDonald & Co., de Gran Bretaña y España, tenía tratos considerables con Joseph de Porres de La Habana, comerciante, y con Thomas Porres, hermano de Joseph, quien residía en New Providence en calidad de Agente o Factor de Joseph de Porres. MacDonald & Co. siendo instruido por Joseph de Porres para consultar y recibir y ejecutar todas las instrucciones dadas por Tomas Porres con respecto a sus tratos con Joseph de Porres. Una liquidación de cuentas entre Joseph de Porres y John MacDonald & Co., el 16 de noviembre de 1804 establece un saldo de 2.126 dólares y 7 reales que quedaban vencidos y adeudados por Joseph Porres a John MacDonald & Co., por lo que otorgó la Pagaré u Obligación marcada 'B'.
En algún momento del mes de febrero de 1805, Tomás Porres, regresó a Nassau desde La Habana y entregó a McDonald & Co. la carta anexa fechada en La Habana el 2 de febrero, marcada como ‘C’. Esta es una carta de crédito, escrita por Joseph de Porres bajo la firma ficticia de Pope [Poss] a la que, creo que Porres recurrió a lo largo de toda su correspondencia con McDonald & Co. McDonald & Company recibió y consideró a Tomas Porres como el Agente y Factor de Joseph Porres, le otorgó y concedió un crédito limitado por la cuenta y, de tiempo, le hizo los adelantos en bienes y merced que requería. El 12 de abril de 1806, los adelantos de McDonald and Co. a Tomás Porres, ascendieron a 17 877 dólares, 1 real con chelín y 10 peniques, por lo que Tomás Porres otorgó su propia letra de cambio, girada a favor del mayor Francis Weir & Co. Comerciantes de Charleston. La carta, para ocultar la naturaleza del intercambio, fue fechada por Tomás Porres en Charleston en lugar de Nassau. Joseph de Porres luego se negó a honrarlo, alegando que no tenía los fondos. En consecuencia, el proyecto de ley fue regularmente procesado por no aceptación el 5 de mayo por José de Salinas, Notario Público en La Habana. McDonald & Co. no ha recibido pago alguno de Joseph de Porres.
Por último, creo que estaba bien e íntimamente familiarizado con todas las circunstancias arriba expuestas, ya que se desempeñó como secretario en McDonald & Co desde su fallecimiento, en virtud y bajo la autoridad de una carta notarial de Mathew Macalister y Roderick McDonald, los copartícipes supervivientes. Además, creo que la carta anexa marcada como 'C', fue escrita por Joseph de Porres y entregada en mis manos en La Habana. Que Joseph de Porres usó una firma ficticia en toda su correspondencia con McDonald & Co. y conmigo, con el propósito de evadir las penas derivadas de un descubrimiento de la naturaleza, y habiendo llegado su departamento a Nassau en el mes de febrero del año uno mil ochocientos cinco, y entregó dicha carta marcada con 'C' a Macalister & Co., lo reconocieron como el Agente y se cumplieron estrictamente sus direcciones, instrucciones y requisiciones. En la cuenta anexa, marcada como 'A', se afirma que la Suma de veinte 23,949 dólares 5 Reales o Chelines y 2 peniques, se adeuda y permanece.
Testifico además que a Tomás Porres, siendo español de nacimiento, se le leyó su declaración en mi presencia en idioma español. Y por último, certificar que la suma de 2,681 dólares 4 chelines y 5 peniques, cargada en la cuenta anexa marcada como 'A', por concepto de daños y perjuicios ha sido cargada de conformidad con lo dispuesto en un acto legislativo hecho y asentado en el año 41 de Su reinado de la majestad,
Tomás Porres. Testimonio sellado por el notario, en Nassau, el Día, Mes y Sí primero escrito arriba. [firma de] James Kerr
[Carta de entrada de suministros de Tomas Porres y de John McDonald]
Glasgow este 23 de diciembre del año del Señor de 1807. Testimonio. Mathew Macalister y Rophill y Roderick McDonald de Glasgow, socios que realizan negocios junto con John MacDonald y Alexander MacDonald de la Isla de Nueva Providencia, comerciantes fallecidos bajo la firma de Roderick MacDonald & Co. en Glasgow, y en Island of New Providence bajo la firma de John MacDonald & Co., considerando que, como consecuencia de la muerte de John MacDonald y Alexander MacDonald, socios gerentes de la Firma en New Providence, y la necesidad de tener algunos persona o personas para administrar el negocio, nombrar a Alexander Nimmo, Laurence Craigie y Tomas Barr de New Providence.
[Firmado, Sellado y Entregado ante nosotros y en nuestra presencia]
[Firmas de] John Park Fleming, Thomas Christie, M. Macalister, Roderick MacDonald
Thomas Christie de Glasgow, afirma que él, junto con John Park Fleming de Glasgow, fue testigo de la ejecución de este documento, estuvo presente y vio a Mathew Macalister y Roderick MacDonald firmar, sellar, ejecutar y entregar esta carta notarial. La fama y los nombres de John Park Fleming y Thomas Christie, suscritos a continuación, son testigos de la ejecución de Mathew Macalister, Roderick MacDonald y John Park Fleming. Prestó juramento en la ciudad de Glasgow el 23 de diciembre de 1807. Antes, James Mackenzie Esquire, Lord Provost y magistrado jefe de la ciudad.
[Firma de] James Mackenzie
23 de diciembre de 1807. Glasgow. A todos aquellos a quienes lleguen estos obsequios, yo, James Mackenzie Esquire, preboste y magistrado jefe de la ciudad de Glasgow, condado de Lanark, Escocia, Gran Bretaña, certifico por la presente que el día de la fecha vino personalmente y se presentó ante mí Thomas Christie, la persona nombrada en la declaración jurada traerá a una persona conocida de buena fama, y a cuyo testimonio se debe y se debe dar fe, testificó y declaró ser verdadero. En testimonio, he puesto mi mano y estampado el sello de la Ciudad.
[Firma de] James Mackenzie
Glasgow, 23 de diciembre de 1807. Yo, Thomas Graham de la ciudad de Glasgow, Escocia, Gran Bretaña, Notario Público, certifico y doy fe de que James Mackenzie Esq. cuya firma aparece en la declaración jurada de Thomas Christie adjunta al presente es probatoria y constituye evidencia legal.
[Firma de] Thomas Graham
1 de abril de 1809. Islas Bahamas, Nueva Providencia.
James Kerr, notario público con domicilio en la ciudad de Nassau Island of New Providence, por la presente certifica que el documento procesal contiene copias verdaderas y fieles de su original [firma de] James Kerr
Nasáu, Bahamas. Alexander Nimmo de New Providence en virtud del poder otorgado por Mathew Macalister y Roderick MacDonald de Glasgow, mediante carta notarial sellada en Glasgow el 23 de diciembre de 1807, nombra a Colin Mitchel de La Habana en la Isla de Cuba, procurador de Mathew Macalister y Roderick McDonald, para exigir, recuperar y recibir de Joseph de Porres. En presencia de Charles Pallon, Thomas Porres, Alexander Nimmo y James Kerr, Notario Público
Consulado. Colin Mitchel, apoderado de Alexandro Nimmo contra la sucesión y herederos de José de Porres.
April 4, 1809. Nassau, New Providence, Bahamas. William Munnings Esq. President and Commander in Chief of Islands, informs that James Kerr Esq. presented Affidavits and Certificate as Notary Public for Bahamas Islands. [Signature of] Colin McCartney.
Saturday, April 1, 1809. Alexander Nimo and Thomas Porres appear before James Kerr, Notary Public, to testify that John McDonald and Alexander McDonald, both died in New Providence. They carry on Business as Espartero in trade along with Mathew Macalister and Roderick MacDonald & Co. in Glasgow, Scotland and in New Providence under the firm of John MacDonald & Co.. John MacDonald and Alexander MacDonald managing the concerns of the Company at New Providence, while Mathew Macalister and Roderick McDonald at Glasgow. That John MacDonald & Co., of Great Britain and Spain had dealings to a considerable extent with Joseph de Porres of Havana, merchant, and with Thomas Porres, Joseph;s brother who resided at New Providence in the capacity of Agent or Factor of Joseph de Porres. MacDonald & Co. being directed by Joseph de Porres to Consult with and to receive and execute all instructions given them by Tomas Porres regarding their dealings and Concerns with Joseph de Porres. A settlement of account between the Joseph de Porres and John MacDonald & Co., on the 16th of November 1804 states a balance of 2,126 dollars and 7 royals remained due and owing from Joseph Porres to John MacDonald & Co., for which he granted the Promissory note or Obligation marked ‘B’.
Sometime in the month of February 1805, Tomas Porres, returned to Nassau from Havana and delivered to McDonald & Co. the annexed letter dated in Havana on the 2nd of February, marked ‘C’. This is a letter of credit written by Joseph de Porres under the fictitious signature of Pope [Poss] which, I believe, de Porres resorted to throughout the whole of his correspondence with McDonald & Co. McDonald & Company received and considered Tomas Porres as the Agent and Factor of Joseph Porres, granted and conceded to him a limited credit for the account and, from time, made him such advances in goods and mercy as required. On April 12th, 1806, the advances by McDonald and Co. to Tomas Porres, amounted to 17,877 dollars, 1 royal and shilling and 10 pence, for which Tomas Porres granted his own bill of Exchange, drawn in favour of Major Francis Weir & Co. Merchants of Charleston. The letter, to conceal the nature of the trade, was dated by Tomas Porres at Charleston instead of Nassau. Joseph de Porres then refused to honour it, alleging that he did not have the funds. In consequence, the bill was regularly procesesed for non-acceptance on May 5th by José de Salinas, Public Notary in Havana, The annexed account marked ‘A’, contains a true, correct and faithful statement of the debt now justly due from Joseph de Porres to McDonald & Co. McDonald & Co. has not received any payment from Joseph de Porres.
Lastly, I believe that he is well and intimately acquainted with all the circumstances above set forth, having serviced as a Clerk at McDonald & Co since their decease, by virtue and under the authority of a letter of Attorney by Mathew Macalister and Roderick McDonald the surviving co-partners. Further, I believe that the annexed letter marked ‘C’, was written by Joseph de Porres, and delivered into my hands in Havana. That Joseph de Porres used a fictitious signature in all his correspondence with McDonald & Co. and I, for the purpose of evading the penalties attending a discovery of the nature, and his department having arrived at Nassau in the month of February in the year one thousand eight hundred and five, and delivered the said letter marked ‘C’ to Macalister & Co., they acknowledged him as the Agent and his directions, instructions, and requisitions were strictly complied with. In the annexed account, marked ‘A’, it is stated that the Sum of twenty 23,949 dollars 5 Royals or Shillings and 2 pence, is and remains owing.
I do further testify that Tomas Porres, being Spaniard by birth, his deposition was read over to him in my presence in, Spanish Language. And lastly, certify that the sum of 2,681 dollars 4 shilling and 5 pence, charged in the annexed account marked ‘A,’ for damages is been charged in conformity with the provision of an act of legislature made and posted in the 41st year of His Majesty’s Reign,
Tomas Porres. Testimony sealed by the notary, in Nassau , the Day, Month, and Yea first above written. [signature of] James Kerr
[Carta de entrada de suministros de Tomas Porres y de John McDonald]
Glasgow this 23rd of December in the Year of our Lord 1807. Testimony. Mathew Macalister y Rophill and Roderick McDonald of Glasgow, Co-partners carrying on business along with John MacDonald and Alexander MacDonald of the Island of New Providence, deceased merchants under the firm of Roderick MacDonald & Co. in Glasgow, and in Island of New Providence under the firm of John MacDonald & Co., whereas, in consequence of the death of John MacDonald and Alexander MacDonald, managing partners of the Firm at New Providence, and the necessity of having some person or persons to manage the business, appoint Alexander Nimmo, Laurence Craigie and Tomas Barr of New Providence.
[Signed, Sealed and Delivered before and in presence of us]
[Signatures of] John Park Fleming, Thomas Christie, M. Macalister, Roderick MacDonald
Thomas Christie of Glasgow, states that he along with John Park Fleming of Glasgow witness to the execution of this paper, was present and did see Mathew Macalister and Roderick MacDonald sign, seal, execute and deliver this Letter of attorney. The fame and names of John Park Fleming and Thomas Christie, subscribe below witness the execution of Mathew Macalister, Roderick MacDonald, and John Park Fleming. Sworn at City of Glasgow the 23rd of December 1807. Before, James Mackenzie Esquire, Lord Provost and chief magistrate of the City.
[Signature of] James Mackenzie
December, 23rd, 1807. Glasgow. To all to whom these presents shall come I, James Mackenzie Esquire provost and Chief Magistrate of the City of Glasgow, county Lanark, Scotland, Great Britain, do hereby certify that on the day of date thereof personally came and appeared before me Thomas Christie, the person named in Affidavit bring a person known of good fame, and to whose testimony faith is and ought to be given, did testify and depose to be true. In testimony, I have set my hand and affixed the seal of the City.
[Signature of] James Mackenzie
Glasgow, 23rd of December 1807. I, Thomas Graham of the city of Glasgow, Scotland, Great Britain, Notary Public, certify and attest that James Mackenzie Esq. whose signature appears at the affidavit of Thomas Christie hereto attached is probative and bear legal evidence.
[Signature of] Thomas Graham
April 1st 1809. Bahamas Islands, New Providence.
James Kerr, Notary Public residing in the town of Nassau Island of New Providence, do hereby certify the proceeding document to contain true and faithful copies y their original [signature of] James Kerr
Nassau, Bahamas. Alexander Nimmo of New Providence by virtue of the power authority given by Mathew Macalister and Roderick MacDonald of Glasgow, by a letter of attorney sealed in Glasgow on the 23rd of December, 1807, appoint Colin Mitchel of Havana in the Island of Cuba, attorney of Mathew Macalister and Roderick McDonald, to demand, recover and receive of Joseph de Porres. In the presence of, Charles Pallon, Thomas Porres, Alexander Nimmo, and James Kerr, Notary Public
April 4, 1809. Nassau, New Providence, Bahamas. William Munnings Esq. President and Commander in Chief of Islands, informs that James Kerr Esq. presented Affidavits and Certificate as Notary Public for Bahamas Islands. [Signature of] Colin McCartney.
Saturday, April 1, 1809. Alexander Nimo and Thomas Porres appear before James Kerr, Notary Public, to testify that John McDonald and Alexander McDonald, both died in New Providence. They carry on Business as Espartero in trade along with Mathew Macalister and Roderick MacDonald & Co. in Glasgow, Scotland and in New Providence under the firm of John MacDonald & Co.. John MacDonald and Alexander MacDonald managing the concerns of the Company at New Providence, while Mathew Macalister and Roderick McDonald at Glasgow. That John MacDonald & Co., of Great Britain and Spain had dealings to a considerable extent with Joseph de Porres of Havana, merchant, and with Thomas Porres, Joseph;s brother who resided at New Providence in the capacity of Agent or Factor of Joseph de Porres. MacDonald & Co. being directed by Joseph de Porres to Consult with and to receive and execute all instructions given them by Tomas Porres regarding their dealings and Concerns with Joseph de Porres. A settlement of account between the Joseph de Porres and John MacDonald & Co., on the 16th of November 1804 states a balance of 2,126 dollars and 7 royals remained due and owing from Joseph Porres to John MacDonald & Co., for which he granted the Promissory note or Obligation marked ‘B’.
Sometime in the month of February 1805, Tomas Porres, returned to Nassau from Havana and delivered to McDonald & Co. the annexed letter dated in Havana on the 2nd of February, marked ‘C’. This is a letter of credit written by Joseph de Porres under the fictitious signature of Pope [Poss] which, I believe, de Porres resorted to throughout the whole of his correspondence with McDonald & Co. McDonald & Company received and considered Tomas Porres as the Agent and Factor of Joseph Porres, granted and conceded to him a limited credit for the account and, from time, made him such advances in goods and mercy as required. On April 12th, 1806, the advances by McDonald and Co. to Tomas Porres, amounted to 17,877 dollars, 1 royal and shilling and 10 pence, for which Tomas Porres granted his own bill of Exchange, drawn in favour of Major Francis Weir & Co. Merchants of Charleston. The letter, to conceal the nature of the trade, was dated by Tomas Porres at Charleston instead of Nassau. Joseph de Porres then refused to honour it, alleging that he did not have the funds. In consequence, the bill was regularly procesesed for non-acceptance on May 5th by José de Salinas, Public Notary in Havana, The annexed account marked ‘A’, contains a true, correct and faithful statement of the debt now justly due from Joseph de Porres to McDonald & Co. McDonald & Co. has not received any payment from Joseph de Porres.
Lastly, I believe that he is well and intimately acquainted with all the circumstances above set forth, having serviced as a Clerk at McDonald & Co since their decease, by virtue and under the authority of a letter of Attorney by Mathew Macalister and Roderick McDonald the surviving co-partners. Further, I believe that the annexed letter marked ‘C’, was written by Joseph de Porres, and delivered into my hands in Havana. That Joseph de Porres used a fictitious signature in all his correspondence with McDonald & Co. and I, for the purpose of evading the penalties attending a discovery of the nature, and his department having arrived at Nassau in the month of February in the year one thousand eight hundred and five, and delivered the said letter marked ‘C’ to Macalister & Co., they acknowledged him as the Agent and his directions, instructions, and requisitions were strictly complied with. In the annexed account, marked ‘A’, it is stated that the Sum of twenty 23,949 dollars 5 Royals or Shillings and 2 pence, is and remains owing.
I do further testify that Tomas Porres, being Spaniard by birth, his deposition was read over to him in my presence in, Spanish Language. And lastly, certify that the sum of 2,681 dollars 4 shilling and 5 pence, charged in the annexed account marked ‘A,’ for damages is been charged in conformity with the provision of an act of legislature made and posted in the 41st year of His Majesty’s Reign,
Tomas Porres. Testimony sealed by the notary, in Nassau , the Day, Month, and Yea first above written. [signature of] James Kerr
[Carta de entrada de suministros de Tomas Porres y de John McDonald]
Glasgow this 23rd of December in the Year of our Lord 1807. Testimony. Mathew Macalister y Rophill and Roderick McDonald of Glasgow, Co-partners carrying on business along with John MacDonald and Alexander MacDonald of the Island of New Providence, deceased merchants under the firm of Roderick MacDonald & Co. in Glasgow, and in Island of New Providence under the firm of John MacDonald & Co., whereas, in consequence of the death of John MacDonald and Alexander MacDonald, managing partners of the Firm at New Providence, and the necessity of having some person or persons to manage the business, appoint Alexander Nimmo, Laurence Craigie and Tomas Barr of New Providence.
[Signed, Sealed and Delivered before and in presence of us]
[Signatures of] John Park Fleming, Thomas Christie, M. Macalister, Roderick MacDonald
Thomas Christie of Glasgow, states that he along with John Park Fleming of Glasgow witness to the execution of this paper, was present and did see Mathew Macalister and Roderick MacDonald sign, seal, execute and deliver this Letter of attorney. The fame and names of John Park Fleming and Thomas Christie, subscribe below witness the execution of Mathew Macalister, Roderick MacDonald, and John Park Fleming. Sworn at City of Glasgow the 23rd of December 1807. Before, James Mackenzie Esquire, Lord Provost and chief magistrate of the City.
[Signature of] James Mackenzie
December, 23rd, 1807. Glasgow. To all to whom these presents shall come I, James Mackenzie Esquire provost and Chief Magistrate of the City of Glasgow, county Lanark, Scotland, Great Britain, do hereby certify that on the day of date thereof personally came and appeared before me Thomas Christie, the person named in Affidavit bring a person known of good fame, and to whose testimony faith is and ought to be given, did testify and depose to be true. In testimony, I have set my hand and affixed the seal of the City.
[Signature of] James Mackenzie
Glasgow, 23rd of December 1807. I, Thomas Graham of the city of Glasgow, Scotland, Great Britain, Notary Public, certify and attest that James Mackenzie Esq. whose signature appears at the affidavit of Thomas Christie hereto attached is probative and bear legal evidence.
[Signature of] Thomas Graham
April 1st 1809. Bahamas Islands, New Providence.
James Kerr, Notary Public residing in the town of Nassau Island of New Providence, do hereby certify the proceeding document to contain true and faithful copies y their original [signature of] James Kerr
Nassau, Bahamas. Alexander Nimmo of New Providence by virtue of the power authority given by Mathew Macalister and Roderick MacDonald of Glasgow, by a letter of attorney sealed in Glasgow on the 23rd of December, 1807, appoint Colin Mitchel of Havana in the Island of Cuba, attorney of Mathew Macalister and Roderick McDonald, to demand, recover and receive of Joseph de Porres. In the presence of, Charles Pallon, Thomas Porres, Alexander Nimmo, and James Kerr, Notary Public
List of contributors
Cuba-Ireland Digital Archive
Margaret Brehony
Giselle García González
Cristián Sánchez González
Mercedes Varona
Teddy Varona
People
Colin Mitchel
Alexandro Nimmo
José de Porres
Thomas Porres
William Munnings
James Kerr
Colin McCartney
John McDonald
Alexander McDonald
Mathew Macalister
Roderick MacDonald
John MacDonald
Alexander MacDonald
Major Francis Weir
Laurence Craigie and Tomas Barr
John Park Fleming
Thomas Christie
M. Macalister
Roderick MacDonald
James Mackenzie
Thomas Graham
Charles Pallon
Location
Nassau, New Providence, Bahamas
Magistrates of the City of Glasgow, County Lanark, Scotland, Great Britain
Organization
Mathew Macalister y Roderick MacDonald & Co, John MacDonald & Co,
Weir & Co., Charleston, USA