SD1028. Samuel Moulton-Barrett (brother) to John Altham Graham-Clarke
Published in The Brownings’ Correspondence, 4, 356 (in part).
Cin. Hill Estate
Aug. 26th 1839
My dear James [sic, for John]
In compliance with a request of my cousin Long Sam I hereby forward you terms of compromise which I earnestly hope you will meet half way, for I am sincerely anxious on both your ac/s to bring this expensive & painful suit to a termination. You will see the terms are not drawn out in a very lawyer like style. I acknowledge they are not so, but trust they are sufficiently clear to enable you to ascertain what they are. With a good 2--minative, parchment, & legal phraseology, no one but a lawyer can of course arrange, & this Sam wishes & would much prefer being decided on in this country, you appointing your Solicitors in Jamaica & he appointing others: But all arrangements to be founded on the terms I have now to offer. I wish before stating Sams offer, to throw out one more suggestion, though I fancy it may be at the risk of displeasing you, but I will do so at all hazards for I have your interests at heart: it is this, viz, whether in appointing a Solicitor for the final adjustment of so long standing a suit as this, it wd not be preferable to place it in another persons hands, than that of a man whom I well satisfied from general report is not of the most conciliatory or impartial disposition. I mean Mr Hylton: there are others both my Father & self could recommend for the purpose. Though in making this remark you may not acceed to it, yet I trust you will give me credit for being actuated by a feeling of anxiety for your welfare. Having stated so much in the Preamble, now for the Bill–
Saml G. Barrett offers on condition of your at once closing the Suit, withdrawing all claims against the Properties & leaving him in quiet possession of them: To give you the value of Thatchfield & Shawfield, their value to be decided on by two approved valuators, one to be appointed by each party or their agents: He guarantees to pay the value so decided on, at your Bankers or any authorised agent in England deducting the Premiums or in this country in English Stg: in four equal instalments, the first payment commencing the 1st Augt 1840 & final settlement the 1st Augt 1844: or at his option to pay the whole amt. on the value being decided on or afterwards. He further guarantees to obtain good & sufficient security for the amt subject to your approval, & binds himself to consign all Shawfield & Spring Estates Sugars to you till the amt be liquidated, yr taking sale commissions. In drawing on you to carry on the cultivation of the Estates he binds himself not to do so till after you have recd the first consignment, & never beyond the value you so receive. Each party is of course to pay their own costs.– If in thus indistinctly giving you Sams opinions on the subject, I shall be at all instrumental in arranging this painful suit, I shall be much rejoiced, for I deeply regret to see that of late years enmity has existed between yourself & Sam where friendship should alone prevail: & I would earnestly entreat you for your own sake as well as Sams to make some sacrifice to put an end to a litigation which has so long existed. If my services in an amiable way can be of the smallest advantage between yourself & Sam they are freely offered. Pray therefore write to me as early as possible, & I trust if it be not inconsistent with your interest, you may acquiesce. I have not time to say anything in answer to your querries, but will do so in a Packet or two– The negroes are very intractable
Believe me ever y. attached nephew
(signed) S M Barrett
John Graham Clarke Esq
Newcastle
Publication: None traced.
Source: File copy at Eton College Library.
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