Home as Found - James Fenimore Cooper (moboreader TXT) 📗

to know in what manner the public has acquired its title to the spot. You are a lawyer, Mr. Bragg, and may give an intelligible account of it."

"Why, sir, your father gave it to them in his lifetime. Every body, in all this region, will tell you as much as this."

"Do you suppose, Mr. Bragg, there is any body in all this region who will swear to the fact? Proof, you well know, is very requisite even to obtain justice."

"I much question, sir, if there be any body in all this region that will not swear to the fact. It is the common tradition of the whole country; and, to be frank with you, sir, there is a little displeasure, because Mr. John Effingham has talked of giving private entertainments on the Point."

"This, then, only shows how idly and inconsiderately the traditions of the country take their rise. But, as I wish to understand all the points of the case, do me the favour to walk into the village, and inquire of those whom you think the best informed in the matter, what they know of the Point, in order that I may regulate my course accordingly. Be particular, if you please, on the subject of title, as one would not wish to move in the dark."

Aristabulus quitted the house immediately, and Eve, perceiving that things were in the right train, left her father alone to meditate on what had just passed. Mr. Effingham walked up and down his library for some time, much disturbed, for the spot in question was identified with all his early feelings and recollections; and if there were a foot of land on earth, to which he was more attached than to all others, next to his immediate residence, it was this. Still, he could not conceal from himself, in despite of his opposition to John Effingham's sarcasms, that his native country had undergone many changes since he last resided in it, and that some of these changes were quite sensibly for the worse. The spirit of misrule was abroad, and the lawless and unprincipled held bold language, when it suited their purpose to intimidate. As he ran over in his mind, however, the facts of the case, and the nature of his right, he smiled to think that any one should contest it, and sat down to his writing, almost forgetting that there had been any question at all on the unpleasant subject.

Aristabulus was absent for several hours, nor did he return until Mr. Effingham was dressed for dinner, and alone in the library, again, having absolutely lost all recollection of the commission he had given his agent.

"It is as I told you, sir--the public insists that it owns the Point; and I feel it my duty to say, Mr. Effingham, that the public is determined to maintain its claim."

"Then, Mr. Bragg, it is proper I should tell the public that it is not the owner of the Point, but that I am its owner, and that I am determined to maintain my claim."

"It is hard to kick against the pricks, Mr. Effingham."

"It is so, sir, as the public will discover, if it persevere in invading a private right."

"Why, sir, some of those with whom I have conversed have gone so far as to desire me to tell you--I trust my motive will not be mistaken----"

"If you have any communication to make, Mr. Bragg, do it without reserve. It is proper I should know the truth exactly."

"Well, then, sir, I am the bearer of something like a defiance; the people wish you to know that they hold your right cheaply, and that they laugh at it. Not to mince matters, they defy you."

"I thank you for this frankness, Mr. Bragg, and increases my respect for your character. Affairs are now at such a pass, that it is necessary to act. If you will amuse yourself with a book for a moment, I shall have further occasion for your kindness."

Aristabulus did not read, for he was too much filled with wonder at seeing a man so coolly set about contending with that awful public which he himself as habitually deferred to, as any Asiatic slave defers to his monarch. Indeed, nothing but his being sustained by that omnipotent power, as he viewed the power of the public to be, had emboldened him to speak so openly to his employer, for Aristabulus felt a secret confidence that, right or wrong, it was always safe in America to make the most fearless professions in favour of the great body of the community. In the mean time, Mr. Effingham wrote a simple advertisement, against trespassing on the property in question, and handed it to the other, with a request that he would have it inserted in the number of the village paper that was to appear next morning. Mr. Bragg took the advertisement, and went to execute the duty without comment.

The evening arrived before Mr. Effingham was again alone, when, being by himself in the library once more, Mr. Bragg entered, full of his subject. He was followed by John Effingham, who had gained an inkling of what had passed.

"I regret to say, Mr. Effingham," Aristabulus commenced, "that your advertisement has created one of the greatest excitements it has ever been my ill-fortune to witness in Templeton."

"All of which ought to be very encouraging to us, Mr.. Bragg, as men under excitement are usually wrong."

"Very true, sir, as regards individual excitement, but this is a public excitement."

"I am not at all aware that the fact, in the least alters the case. If one excited man is apt to do silly things, half a dozen backers will be very likely to increase his folly."

Aristabulus listened with wonder, for excitement was one of the means for effecting public objects, so much practised by men of his habits, that it had never crossed his mind any single individual could be indifferent to its effect. To own the truth, he had anticipated so much unpopularity, from his unavoidable connexion with the affair, as to have contributed himself in producing the excitement, with the hope of "choking Mr. Effingham off," as he had elegantly expressed it to one of his intimates, in the vernacular of the country.

"A public excitement is a powerful engine, Mr. Effingham!" he exclaimed, in a sort of politico pious horror.

"I am fully aware, sir, that it may be even a fearfully powerful engine. Excited men, acting in masses, compose what are called mobs, and have committed a thousand excesses."

"Your advertisement is, to the last degree, disrelished; to be very sincere, it is awfully unpopular!"

"I suppose it is always what you term an unpopular act, so far as the individuals opposed are concerned, to resist aggression."

"But they call your advertisement aggression, sir."

"In that simple fact exist all the merits of the question. If I own this property, the public, or that portion of it which is connected with this affair, are aggressors; and so much more in the wrong that they are many against one; if they own the property, I am not only wrong, but very indiscreet."

The calmness with which Mr. Effingham spoke had an effect on Aristabulus, and, for a moment, he was staggered. It was only for a moment, however, as the pains and penalties of unpopularity presented themselves afresh to an imagination that had been so long accustomed to study the popular caprice, that it had got to deem the public favour the one great good of life.

"But they say, they own the Point, Mr. Effingham."

"And I say, they do not own the Point, Mr. Bragg; never did own it; and, with my consent, never shall own it."

"This is purely a matter of fact," observed John Effingham, "and I confess I am curious to know how or whence this potent public derives its title. You are lawyer enough, Mr. Bragg, to know that the public can hold property only by use, or by especial statute. Now, under which title does this claim present itself."

"First, by use, sir, and then by especial gift."

"The use, you are aware, must be adverse, or as opposed to the title of the other claimants. Now, I am a living witness that my late uncle permitted the public to use this Point, and that the public accepted the conditions. Its use, therefore, has not been adverse, or, at least, not for a time sufficient to make title. Every hour that my cousin has permitted the public to enjoy his property, adds to his right, as well as to the obligation conferred on that public, and increases the duty of the latter to cease intruding, whenever he desires it. If there is an especial gift, as I understand you to say, from my late uncle, there must also be a law to enable the public to hold, or a trustee; which is the fact?"

"I admit, Mr. John Effingham, that I have seen neither deed nor law, and I doubt if the latter exist. Still the public must have some claim, for it is impossible that every body should be mistaken."

"Nothing is easier, nor any thing more common, than for whole communities to be mistaken, and more particularly when they commence with excitement."

While his cousin was speaking, Mr. Effingham went to a secretary, and taking out a large bundle of papers, he laid it down on the table, unfolding several parchment deeds, to which massive seals, bearing the arms of the late colony, as well as those of England, were pendent.

"Here are my titles, sir," he said, addressing Aristabulus pointedly; "if the public has a better, let it be produced, and I shall at once submit to its claim."

"No one doubts that the King, through his authorized agent, the Governor of the colony of New-York, granted this estate to your predecessor, Mr. Effingham; or that it descended legally to your immediate parent; but all contend that your parent gave this spot to the public, as a spot of public resort."

"I am glad that the question is narrowed down within limits that are so easily examined. What evidence is there of this intention, on the part of my late father?"

"Common report; I have talked with twenty people in the village, and they all agree that the 'Point' has been used by the public, as public property, from time immemorial."

"Will you be so good, Mr. Bragg, as to name some of those who affirm this."

Mr. Bragg complied, naming quite the number of persons he had mentioned, with a readiness that proved he thought he was advancing testimony of weight.

"Of all the names you have mentioned," returned Mr. Effingham, "I never heard but three, and these are the names of mere boys. The first dozen are certainly the names of persons who can know no more of this village than they have gleaned in the last few years; and several of them, I understand, have dwelt among us but a few weeks; nay, days."

"Have I not told you, Ned," interrupted John Effingham, "that, an American 'always' means eighteen months, and that 'time immemorial' is only since the last general crisis in the money market!"

"The persons I have mentioned compose a part of the population, sir," added Mr. Bragg, "and, one and all, they are ready to swear that your father, by