The Crater, James Fenimore Cooper [good book club books TXT] 📗

not render himself ridiculous by aspiring to be more than he really was; still, his practical knowledge made him a very useful member of the council, where his opinions were always heard with attention and respect. Charlton and Wilmot were merchants, and intended to embark regularly in trade; while Warrington, who possessed more fortune than any of the other colonists, unless it might be the governor, called himself a farmer, though he had a respectable amount of general science, and was well read in most of the liberal studies.

Warrington was made judge, with a small salary, all of which he gave to the clergyman, the Rev. Mr. White. This was done because he had no need of the money himself, and there was no other provision for the parson than free contributions. John Woolston, who had read law, was named Attorney-General, or colony's Attorney, as the office was more modestly styled; to which duties he added those of surveyor-general. Charles received his salary, which was two hundred and fifty dollars, being in need of it. The question of salary, as respects the governor, was also settled. Mark had no occasion for the money, owning all the vessels, with most of the cargo of the Rancocus, as well as having brought out with him no less a sum than five thousand dollars, principally in change--halves, quarters, shillings and six-pences. Then a question might well arise, whether he did not own most of the stock; a large part of it was his beyond all dispute, though some doubts might exist as to the remainder. On this subject the governor came to a most wise decision. He was fully aware that nothing was more demoralizing to a people than to suffer them to get loose notions on the subject of property. Property of all kinds, he early determined, should be most rigidly respected, and a decision that he made shortly after his return from America, while acting in his capacity of chief magistrate, and before the new court went into regular operation, was of a character to show how he regarded this matter. The case was as follows:--

Two of the colonists, Warner and Harris, had bad blood between them. Warner had placed his family in an arbour within a grove, and to "aggravate" him, Harris came and walked before his door, strutting up and down like a turkey-cock, and in a way to show that it was intended to annoy Warner. The last brought his complaint before the governor. On the part of Harris, it was contended that no injury had been done the property of Harris, and that, consequently, no damages could be claimed. The question of title was conceded, ex necessitate rerum . Governor Woolston decided, that a man's rights in his property were not to be limited by positive injuries to its market value. Although no grass or vegetables had been destroyed by Harris in his walks, he had molested Warner in such an enjoyment of his dwelling; as, in intendment of law, every citizen was entitled to in his possessions. The trespass was an aggravated one, and damages were given accordingly. In delivering his judgment, the governor took occasion to state, that in the administration of the law, the rights of every man would be protected in the fullest extent, not only as connected with pecuniary considerations, but as connected with all those moral uses and feelings which contribute to human happiness. This decision met with applause, and was undoubtedly right in itself. It was approved, because the well-intentioned colonists had not learned to confound liberty with licentiousness; but understood the former to be the protection of the citizen in the enjoyment of all his innocent tastes, enjoyments and personal rights, after making such concessions to government as are necessary to its maintenance. Thrice happy would it be for all lands, whether they are termed despotisms or democracies, could they thoroughly feel the justice of this definition, and carry out its intention in practice.

The council was convened the day succeeding its election. After a few preliminary matters were disposed of, the great question was laid before it, of a division of property, and the grant of real estate. Warrington and Charles Woolston laid down the theory, that the fee of all the land was, by gift of Providence, in the governor, and that his patent, or sign-manual, was necessary for passing the title into other hands. This theory had an affinity to that of the Common Law, which made the prince the suzerain, and rendered him the heir of all escheated estates. But Mark's humility, not to say his justice, met this doctrine on the threshold. He admitted the sovereignty and its right, but placed it in the body of the colony, instead of in himself. As the party most interested took this view of the case, they who were disposed to regard his rights as more sweeping, were fain to submit. The land was therefore declared to be the property of the state. Ample grants, however, were made both to the governor and Betts, as original possessors, or discoverers, and it was held in law that their claims were thus compromised. The grants to Governor Woolston included quite a thousand acres on the Peak, which was computed to contain near thirty thousand, and an island of about the same extent in the group, which was beautifully situated near its centre, and less than a league from the crater. Betts had one hundred acres granted to him, near the crater also. He refused any other grant, as a right growing out of original possession. Nor was his reasoning bad on the occasion. When he was driven off, in the Neshamony, the Reef, Loam Island, Guano Island, and twenty or thirty rocks, composed all the dry land. He had never seen the Peak until Mark was in possession of it, and had no particular claim there. When the council came to make its general grants, he was willing to come in for his proper share with the rest of the people, and he wanted no more. Heaton had a special grant of two hundred acres made to him on the Peak, and another in the group of equal extent, as a reward for his early and important services. Patents were made out, at once, of these several grants, under the great seal of the colony; for the governor had provided parchment, and wax, and a common seal, in anticipation of their being all wanted. The rest of the grants of land were made on a general principle, giving fifty acres on the Peak, and one hundred in the group, to each male citizen of the age of twenty-one years; those who had not yet attained their majority being compelled to wait. A survey was made, and the different lots were numbered, and registered by those numbers. Then a lottery, was made, each man's name being put in one box, and the necessary numbers in another. The number drawn against any particular name was the lot of the person in question. A registration of the drawing was taken, and printed patents were made out, signed, sealed, and issued to the respective parties. We say printed, a press and types having been brought over in the Rancocus, as well as a printer. In this way, then, every male of full age, was put in possession of one hundred and fifty acres of land, in fee.

As the lottery did not regard the wishes of parties, many private bargains were made, previously to the issuing of the patents, in order that friends and connections might be placed near to each other. Some sold their rights, exchanging with a difference, while others sold altogether on the Peak, or in the group, willing to confine their possessions to one or the other of these places. In this manner Mr, Warrington, or Judge Warrington, as he was now called, bought three fifty-acre lots adjoining his own share on the Peak, and sold his hundred-acre lot in the group. The price established by these original sales, would seem to give a value of ten dollars an acre to land on the Peak, and of three dollars an acre to land in the group. Some lots, however, had a higher value than others, all these things being left to be determined by the estimate which the colonists placed on their respective valuations. As everything was conducted on a general and understood principle, and the drawing was made fairly and in public, there was no discontent; though some of the lots were certainly a good deal preferable to others. The greatest difference in value existed in the lots in the group, where soil and water were often wanted; though, on the wholes much more of both was found than had been at first expected. There were vast deposits of mud, and others of sand, and Heaton early suggested the expediency of mixing the two together, by way of producing fertility. An experiment of this nature had been tried, under his orders, during the absence of the governor, and the result was of the most satisfactory nature; the acre thus manured producing abundantly.

As it was the sand that was to be conveyed to the mud, the toil was much less than might have been imagined. This sand usually lay near the water, and the numberless channels admitted of its being transported in boats along a vast reach of shore. Each lot having a water front, every man might manure a few acres, by this process, without any great expense; and no sooner were the rights determined, and the decisions of the parties made as to their final settlements, than many went to work to render the cracked and baked mud left by the retiring ocean fertile and profitable. Lighters were constructed for the purpose, and the colonists formed themselves into gangs, labouring in common, and transporting so many loads of sand to each levee, as the banks were called, though not raised as on the Mississippi, and distributing it bountifully over the surface. The spade was employed to mix the two earths together.

Most of the allotments of land, in the group, were in the immediate neighbourhood of the Reef. As there were quite a hundred of them, more than ten thousand acres of the islands were thus taken up, at the start. By a rough calculation, however, the group extended east and west sixty-three miles, and north and south about fifty,--the Reef being a very little west and a very little south of its centre. Of this surface it was thought something like three-fourths was dry land, or naked rock. This would give rather more than a million and a half of acres of land; but, of this great extent of territory, not more than two-thirds could be rendered available for the purposes of husbandry, for want of soil, or the elements of soil. There were places where the deposit of mud seemed to be of vast depth, while in others it did not exceed a few inches. The same was true of the sands, though the last was rarely of as great depth as the mud, or alluvium.

A month was consumed in making the allotments, and in putting the different proprietors in possession of their respective estates. Then, indeed, were the results of the property-system made directly apparent. No sooner was an individual put in possession of his deed, and told that the lot it represented was absolutely his own, to do what he pleased with it, than he went to work with energy and filled with hopes, to turn his new domains to account. It is true that education and intelligence, if they will only acquit themselves of their tasks with disinterested probity, may enlighten and instruct the ignorant how to turn their means to account; but, all experience proves