Home as Found, James Fenimore Cooper [bookreader txt] 📗

up and dispute your

claim."

 

"What power--human power, at least--can dispute the lawful claim of

an owner to his property? That Point has been ours ever since

civilized man has dwelt among these hills; who will presume to rob us

of it?"

 

"You will be much surprised to discover that there is such a power,

and that there is actually a disposition to exercise it. The public--

the all-powerful omnipotent, overruling, law-making, law-breaking

public--has a passing caprice to possess itself of your beloved

Point; and Ned Effingham must show unusual energy, or it will get

it?"

 

"Are you serious, cousin Jack?"

 

"As serious as the magnitude of the subject can render a responsible

being, as Mr. Dodge would say."

 

Eve said no more, but she looked vexed, and remained almost silent

until they landed, when she hastened to seek her father, with a view

to communicate what she had heard. Mr. Effingham listened to his

daughter, as he always did, with tender interest; and when she had

done, he kissed her glowing cheek, bidding her not to believe that

which she seemed so seriously to dread, possible.

 

"But, cousin John would not trifle with me on such a subject,

father," Eve continued; "he knows how much I prize all those little

heir-looms that are connected with the affections."

 

"We can inquire further into the affair, my child, if it be your

desire; ring for Pierre, if you please."

 

Pierre answered, and a message was sent to Mr. Bragg, requiring his

presence in the library.

 

Aristabulus appeared, by no means in the best humour, for he disliked

having been omitted in the late excursion on the lake, fancying that

he had a community-right to share in all his neighbour's amusements,

though he had sufficient self-command to conceal his feelings.

 

"I wish to know, sir," Mr. Effingham commenced, without introduction,

"whether there can be any mistake concerning the ownership of the

Fishing Point on the west side of the lake."

 

"Certainly not, sir; it belongs to the public."

 

Mr. Effingham's cheek glowed, and he looked astonished: but he

remained calm.

 

"The public! Do you gravely affirm, Mr. Bragg, that the public

pretends to claim that Point?"

 

"Claim, Mr. Effingham! as long as I have resided in this county, I

have never heard its right disputed."

 

"Your residence in this county, sir, is not of very ancient date, and

nothing is easier than that _you_ may be mistaken. I confess some

curiosity 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