"Of all the evils in the island of Jamaica, which call for a remedy, and by means of which the most unjustifiable practices are continued, the first and most crying is that of the business of a certain description of attorneys of orphans, mortgagees in possession, trustees, executors, guardians, and receivers under the court of chancery; and these evils arise in a great measure from the unjust and impolitic law which allows six per cent. commission on the gross produce of the estates under their charge and direction. The iniquitous practices, screened, if not authorized by that law have long been too glaring to be unnoticed; and attempts have been made to reduce the commission, and to fix it on some more equitable principle; but unfortunately there have always been in the House of Assembly too many of its members interested in benefits resulting from the present law to admit the adoption of the measure. That the interest of attorneys is not always the interest of those whose estates they hold is an undeniable fact, of which I think you will be convinced by the time you arrive at the conclusion of this letter. In many instances, too, this superior collateral interest militates against the happiness and amelioration of the state and condition of the slaves, which is now professed by the colonists to be an object of their most serious attention; and it proves not unfrequently the total ruin of the unfortunate planter, whose involved situation compels him to submit to the condition of consigning his estate to the management of an attorney appointed by his creditor, who is generally his merchant, and who throws the full legal advantages of his debtor's estate into the hands of his own agent in the island, to compensate for the economical bargain he makes for the management of his own concerns; a practice common also to trustees, guardians, &c. The law allowing such enormous commissions for services so inadequate, is also very defective in an important point; for it establishes no data for fixing the charge of this commission, which is never made according to the sales of sugar, for that is not soon, if ever known to the attorney. Hence, in the different accounts, the charges are estimated on sugar at several prices, from 20s. per cwt. to 45s., and even 50s.; and in the same books of one and the same attorney, these charges are found to differ according to his connection with his employer, generally increasing in proportion to the distress of the property and of the proprietor. To form some notion of the advantages attending these appointments, and of their injurious tendency to involved proprietors, and even to their creditors, let us see what a receiver under the court of chancery can do. In the first place, it has not always been the practice to select him from among the inhabitants in the vicinity of the unfortunate estates, or from among the friends of the proprietor; he is frequently a resident in one of the towns, _with perhaps as little knowledge of the management of an estate as is possessed by the sweeper of the chancery office_; and indeed it would not be inapplicable to distinguish such receivers by the appellation of chancery-sweepers. These gentlemen seldom if ever see the estates which they are to direct, and have no other directions to give than, in a lumping way, to make as much sugar as possible, and to ship it, most likely to their own correspondents. _Whatever the estates clear is so much in their hands, and of course the more money the better for them_; money takes root in every soil, and propagates itself a thousand ways; not a dollar of it therefore finds its way into the chancery chest, for the receiver having given security, the treasure is, by a common fiction in use, held to be fully as safe in his hands. While the different creditors of the estate are fighting the battle of priority, the receiver continues to direct the management of it, to ship the crop, and to take care of the money. At length a prior debt is established, and the creditor having gained the point, remains for a time satisfied; but finding, though his principal accumulates, that he receives nothing, he becomes clamorous for a sale. This may take place in five or six years time, when all pretexts for delay are worn out, and in the mean time the receiver takes care to have money, adequate to the simple sums received, turned over by his consignee or merchant to another hand, his banker's, to be ready to answer bills to be drawn _on his own account_, for which he must have a premium of from twelve to seventeen and a half per cent. The estate at last is advertised for sale by a master in chancery, in consequence of an order from the chancellor.
History Brief
The Slave Trade, Domestic and Foreign — Part 59
2026-11-16 06:16:25 · Cedar Herald Index
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