SD789. Edward Moulton-Barrett (father) to Samuel Moulton-Barrett (uncle)
Published in The Brownings’ Correspondence, 3, 329 (in part).
Sidmouth,
June 30. 1835–
My dear Sam
Your two preceding letters to that, by the last Packet of the 4th May were very indifferently calculated to prepare me for the reception of its contents– The first informed me of the conjecture of the Solicitor that my Claim, in their opinion, still existed to the Legacy of £30,000 bequeathed by my Uncle G. G. Barrett together with other pleasing anticipations; the second was indeed in its every tone most grateful, nay triumphant, informing me of another decision being given in our favor, and altho you were silent as to the nature of the judgement, notwithstanding I did rejoice, believing it to be sufficiently important to put the contending Parties more upon a footing than they had hitherto been since the first fatal judgement; But now the Cup is dashed from my lips, for instead of R. Barrett according to your strong expression, having only “a Bird in the bush if indeed he had one” it appears from the reply he has given, to what, you must allow me to call, your injudicious application to him to compromise his Nephew’s claims on me, that he at least supposes he has in possession a whole aviary of Birds, or otherwise he never would have even suggested such an arrangement; in fact it is the demand of a Victor & not the language of a Man foiled in any thing; hence I am under the disagreable necessity of concluding that he puts no importance at all upon the two last decisions given in our favor or upon either of the claims you have <…>t up for future contentions, the interest of the £50,000 my Grandfather paid for G. G. Barrett’s debts or the Legacy of £30,000 left me by the latter or indeed the impossibility, as stated by you, of S. Barrett fuffilling [sic] the condition on which my Grandfather released him from any claim being made on him for repayment of the above £50,000, in consequence of the land to be relinquished for this purpose, now being in the possession of a third Party & being partly built upon. R. Barrett must think these two late decisions of very little moment, seeing he demands in the way of compensation, should all his claims be ultimately allowed & ours refused very little less if any than he will then get. You will see the truth of these observations when I state to you, that the last time I saw James Clarke now nigh five years ago, he told me, if I recollect right, that Sam Barrett’s Estates owed him upwards of £50,000 & having every reason to believe that no interest to say nothing of the principle has been paid since, I leave you to determine what the amount must now be & what consequently R. Barrett thinks of the probability of success. It must be with him a certainty & he has evidently realised in his own mind the accomplishment of his purpose expressed to me some years ago, that however delayed, he should ultimately carry his object. With such an one then, how could I, if I had the means, compromise; by delay I have had the means of living, by delay I may have the means of continuing to do so a little longer, giving something of an education to my Children, & as the far longer claim on me bears the character of a personal debt, by delay I shall in great measure defeat the unjust, iniquities & abominable result of that Judgement of which the late Master of the Rolls, publicly on the Bench, said in the hearing of our opponent’s Counsel & Attorney, “He was surprised it ever could have been given & still more at its having been affirmed.” I say by delay I shall in great measure defeat it, supposing R.B. finally carries every point, for I do not think I shall last long, my late illness has left effects that plainly speak to me, this is not long to be my abiding place, when my Successor will come into clear & undisputed possession of the Properties & stand free from all claims to which my life Interest in them makes me liable. And now with regard to the term “injudicious application of compromise.” I have to observe, in addition to what feel from me on this subject for woriness [sic] in my last letter, that it appears to me an indication of weakness & doubt & so Richard has construed it from the demand he has made in meeting it, & in your little & confined society where everything is known & canvassed, Is it not likely that the <…> High Questers & an impression will in some degree be made that one of the Parties thinks so badly of the Suit as to go about to settle it without reference to a Court, whilst the other’s so strong in the justice & equity of its claim as to ask even all that Court itself could give?—thus give a leaning to the Party that thus avows its strength & necessarily a shrinking from that, which by such offer, generally is considered as intimating its weakness. Besides you unquestionably calculated, at least so I infer, & so Richard <…> that I was to pay some money, & where my dear Sam have you found funds for me to do so; Take the last three years & deducting the supplies <I have> drawn &c, you will find how very little I had to call my own to apply to the exigencies of my large family, & therefore without I give up all or in other words surrender at discretion what compromise could <…> it be that on the principle of the “Uti |posseidetes|”—But I must conclude at least for to-day for my back is so painful by the effort I have made in writing this that I can add no more. And yet one line I must tack on, which I must beg you to communicate to Bro & advise him thereon. That the two Houses in Newcastle, which you recollect as belonging to Mr Clarke & which were in settlement, have been lately sold & this I beg to say without my knowing any thing about it, until the conveyance was sent to me to sign, & it appears, whilst I am entitled to the interest of one sixth & have, somewhere I believe about £800, Bro is entitled to the Principal after my death, hence it is necessary <…> also to become a party to the conveyance & for this purpose James Clarke wrote to me that he had sent him an instrument empowering him, James, to sign for Bro– Now I require Bro to send me a power or some other Person to lay out the Money either in the Funds or upon some other security in order that some interest may be obtained upon it, otherwise the Money will lie in James’s hands altogether unproductive, for I see by the deed he is authorized to receive the purchase money. Is this quite clear?–
I must now cease,
Yrs very affectionately
E M Barrett.
Address, on integral page: S. M. Barrett Esqre / Cinnamon Hill / Little River / St James / Jamaica. / Pr Pt
Publication: None traced.
Manuscript: Wellesley College.
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