SD890. Messrs. Anderson & Kemble to Edward Moulton-Barrett (father)
Published in The Brownings’ Correspondence, 4, 335 (in part).
Kingston
4 April 1838
Dear Sir
Barrett v Vermont
We avail ourselves of Mr Wm Kemble (the brother of our Mr Kemble) going to England by this packet to send you Copy of Courts opinion & enclose paper to enable you to lay the Brief we sent by Mr Merrlen before counsel for opinion. We are anxious to be advised by English Counsel of eminence. Our opponent has taken several opinions. We can hardly doubt that it is your intention to go on with the case because the alternatives, in case we act, could be the virtual loss of the property. The Bill was filed in Mr Battys opinion. We do not think it necessary to enter into our own views of the Case because you will find them included in the charges of the Bill. The chief laws of the Island completely meet, we think, the objection that the restriction would be injurious to the interest of trade. Vermont wants to destroy your Wharf by taking exceedingly low rates. You cannot take higher rates than the law allows. If the legal rates are too high a Petition to the legislature could at once procure the remedy. The want of notice in the record is apparently a strong point against us, but we believe Counsel will be in our favor upon it, as long as there is no express incitment on the subject. Had there been any infringement of the monopoly allowed for 7 years, that might have broken it– But we submit that the 7 years must run from the date of the present infringement. You must consult with Jamaica Barrister—say Barge or Rennals—or any other that may stand high in repute: and the sooner you can let us have their opinion and suggestions the better—that we may be in a situation to go on should we be urged by Vermont.
Barrett v Barrett
Your Son Mr Samuel Barrett left with us yesterday Copy of Proposal for a settlement of this Case. It is very favorable compared with any that have preceded it– We feel the absurd & iniquitous claim which has cost nearly 40 years of litigation is given up—seeing the remaining term of the peoples apprenticeship—or in other words the hire for the remaining term—because it would be illegal to change their location now that they are apprentices. We do not wish in so short a notice—indeed we cannot—enter fully into all that is stated in that document. What we think however is that we shall advise you to close in these terms: Not because we think you would not succeed to the uttermost—we are sanguine that you would—but because success would not be likely to yield a benefit worth the contest. You are already aware of the investigation we have been making as to the probable numerical strength of the Gangs. It was directed but never made under the order of 1808. We have discovered that in 1809 of the 90 there then only survived 33 females. We fear there has been a gradual decrease almost universally on sugar Estates during that period, owing to various causes both social & political. The investigation will be somewhat tedious & requires a secession from the usual business of the office for some little time in order to make it properly– We have therefore not yet been able to complete it– We write you thus much however now, believing that you will be anxious to hear of the matter.
We do not think you could compete with the Mortgage in a contest for your £30000 legacy—because you had given it up by a recorded deed, to which he was entitled to trust—altho you might, as against Saml Barrett, plead that you had done so under a misconception of your rights, and without consideration. The Mortgage claim of |good| is stated to be £70,000, which would scamp the whole Estates, I suppose, But it is said that it could be compromised for £20,000.
Mr Anderson hopes to have the pleasure of a letter from you by next packet.
We are, very respectfully
Dear Sir
Your faithful Servants
Anderson & Kemble
E. B. M. Barrett Esqr
Mr Whitehorne & Mr Forsyth have retired from our late firm. We trust to be favoured with a continuance of your valued correspondence.
We think you might do well to send out a new Power of Attorney. Mr Farquharson acts only under a substitution of your late Brother—& you might perhaps with advantage send a separate Power for legal matters. Any papers you may have to send Mr Kemble will take charge of for us.
Address, on integral page: E. B. M. Barrett Esq / Messr Anderson & Co / Mincing Lance / London.
Docket: Messr Anderson & Co / April 4, 1838 / Jamaica / Recd May 14th / answered.
Publication: None traced.
Manuscript: Eton College Library.
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