CHAPTER XII.--_Why the Appeal was Not Dismissed._
At the time when this moonlit picnic of four took place on the steamer'sdeck, as it glided northward over the glassy surface of the immensePacific, the people of California had not yet heard about the disclosureof the famous _Colton suit_. This suit was hidden in the mists of adistant future, and therefore the famous "_Huntington Letters_" had notcome forth to educate the American mind in the fascinating, meandering,shady ways of "_convincing_" or of "_bribery and corruption_," as thenewspapers and committee reports have harshly stigmatized Mr.Huntington's diplomacy(!) At that time, 1872, people yet spoke of"_bribery_" with a degree of shamefacedness and timidity. It wasreserved for Mr. Huntington to familiarize the American people with thefact that an American gentleman could go to Washington with the avowedpurpose of influencing legislation by "_convincing_" people with moneyor other inducements, and yet no one lose caste, or lose his high socialor public position, but on the contrary, the _convinced and theconvincer_ be treated with the most distinguished consideration. Soafter drinking half of his second glass, George said:
"I don't believe the stories about Washington being such a corruptplace, where people get everything by bribing. That is a shamefulslander. I went there about that dismissal of the Squatters' Appeal, andwas treated like a gentleman, even by the Solicitor General, who wasoutrageously unjust to us. After my uncle had sent to the AttorneyGeneral Don Mariano's letter explaining the case and stating how thetranscript had been in Washington two years, I went as Don Mariano'sattorney to look after the case. I saw the Attorney General immediately,and he told me to return at ten o'clock next morning. I did so, and wasshown in at once. He said:
"'I looked at the case again last evening, and don't see where thosesettlers can find a hook on which to hang their appeal. There isn't any.It is very singular that this case has not been dismissed before by mypredecessor. So I was just telling the Solicitor General, as youentered, to have it dismissed this morning. I have explained my opinionto him. He is going now to the Supreme Court and can make the motion andtell the clerk to enter the dismissal to-day. The United States have nocase against Senor Alamar, his title is perfectly good,' said he,looking at the Solicitor, who stood by silent and motionless. 'You haveonly this one case to attend to this morning, besides the one I wantcontinued until I return. The others, you understand, I leave you tomanage as you think proper, and at such times as you think best.'
"I thanked the Attorney General, and as I took my leave I said I did notknow he was going away.
"'Yes,' he said, 'I am going this evening to Oregon to see myconstituents, but my absence will not affect your case, the SolicitorGeneral takes my place during my absence, and he has only to say beforethe Supreme Court that I enter a dismissal, and that ends the matter.'
"As I went out I said to the Solicitor, 'I suppose then this business isfinished now?'
"'Such is the supposition,' said he, and we went out together. I had agreat mind to follow him to the Supreme Court and see what he was goingto do, but I thought he might not like being watched. Well, sir, wouldyou believe it? That man went to the Supreme Court and never said _boo_about our dismissal. Next morning I went to ask him if the dismissal wasentered. He sent word he was engaged,--to call again. I called in theafternoon, and he had left the office. Next morning I called again, andhe of course was engaged. I went to the clerk of the Supreme Court, andgiving him the number of the case, asked if it had been dismissed. Hesaid no, that the Solicitor General had been at the Supreme Court everyday, but had entered no dismissal. I telegraphed to Uncle Lawrence tocome, and as soon as he arrived we went to see the President about it. Ilaid the whole case before him. I told him how the squatters weredestroying Don Mariano's cattle, and how by a law of the Californialegislature, any one could plant grain field without fencing, and takeup cattle that went to those fields, no matter whether there was anytitle to the land or whether the field was no larger than one acre.
"'But the law does not open to settlers private property, privatelands?'
"'Yes it does, because land is not considered _private property_ untilthe title to it is confirmed and patented. As the proceedings to obtaina patent might consume years, almost a life time, the result is that thenative Californians (of Spanish descent) who were the land owners whenwe took California, are virtually despoiled of their lands and theircattle and horses. Congress virtually took away their lands by puttingthem in litigation. And the California legislature takes away theircattle, decreeing that settlers need not fence their crops, but put in a_corral_ the cattle that will surely come to graze in their fields. Asthe cattle don't know the law, they eat the crops and get killed.'
"'But that is very hard on those land owners.'
"'Certainly. They are being impoverished with frightful rapidity. In afew years the majority of them will have been totally ruined, sociallyobliterated. I doubt if a dozen families will escape ruin. There seemsto be a settled purpose with our law-givers to drive the natives topoverty, and crowd them out of existence. If we don't turn them all intohardened and most desperate criminals, it will be because they are amongthe most incorruptible of the human race. But there is no denying thatour laws are doing all that can be done to drive them into squalidhovels, and thence into the penitentiaries or the poor houses.'
"'This is certainly very sad,' said the President, with genuinesympathy, adding after a short pause:
"'Wait for me here. I'll run across the street to the Attorney General'soffice, and I'll ask the Solicitor what it all means in this Alamarcase,' so saying he put on his hat and went out.
"'That is what endears General Grant to all his friends,' said my uncle;'the idea of his going personally to see the Solicitor, he thePresident, and only because he wishes to do a kindness.'
"'I wish he had sent for the proud Solicitor to come here. This visit ofthe President will make him more over-bearing,' said I. 'I am disgustedat his most arbitrary conduct.' 'Wait,' said my uncle, 'let us hearfirst what he has to say to the President.'"
In a short time the President returned. He said: 'Well, gentlemen, Icannot make out why the Solicitor did not dismiss the case, as he wasordered. He says he found that the Attorney General had not looked intothe record carefully, and so he did not think the case should bedismissed.'
"'But how could he have found out that the Attorney General had notlooked into the case carefully only by riding from the office to theSupreme Court? He must have _disobeyed the instructions of the AttorneyGeneral first_, and then to justify his disobedience, trumps up thepretext that the case had not been examined,' said uncle.
"'The Attorney General did not tell him to look into the case and givehis opinion. He was told that the case _had been examined_; that thepleadings and allegations were trivial; that the United States had _nocase_, and the matter should be dismissed,' I said.
"'It is clear, that without authority he took upon himself to review andreverse the decision of the Attorney General,' said my uncle.
"'I don't understand his motive or object,' the President said. 'But Itold him I presumed he could state his opinion in writing, and he saidhe would. Perhaps he will give a better reason for his action than hedid verbally.'
"'No, sir,' uncle said, 'he will give no better reason, as he has noneto give. He has some spite against the Attorney General, and is layingin wait to catch something to hurt him. Fortunately, he can't use thiscase for any such purpose, for it is a very clear one, and the hands ofthe Attorney General are very clean.'
"'Of course they are,' the President said.
"'And now, sir, what do you advise us to do?' asked uncle.
"The President smiled, mused a little, and said:
"'My advice would be to wait until the Attorney General returns fromOregon. I know it is a hardship for the rightful owner of the land towait so long, but the question is, would it not be longer if theSolicitor finds other reasons to take this case into his own hands. Nowhe has promised me to let the matter rest until the A
ttorney Generalcomes back.'
"'Yes,' my uncle said, 'I think what you advise is the best thing to do.Evidently the Solicitor is beating the bush to start some game, and willbe satisfied with a 'mare's nest,' if he can only entangle the AttorneyGeneral in it. But this is a very paltry and picayunish business for aSolicitor General, Mr. President, and it is silly, too, because he hasshown his hand to little purpose. He has plainly demonstrated howanxious he is to find something against the Attorney General, but thatsomething he hasn't got yet.'
"The President laughed, and said: 'You mustn't be so hard on theSolicitor.'
"It was decided that my uncle would return to New York by the fouro'clock train that afternoon, and I would remain to receive the opinionin writing which the Solicitor had promised the President he would give.
"I did not have to wait until next day for that profound opinion. As Iwas going to dinner at six o'clock, a messenger handed me a closedofficial envelope which felt quite heavy. But that was all the weightthe thing possessed, for it was the lightest, most vapory compositionthat a grown-up man, long past boyhood, could evolve from a maturebrain.
"It made me angry to read it. 'The man is evidently not a fool, butthinks we are,' I said to myself, and made up my mind I would go nextmorning and tell him to his face what I thought of his conduct and hisdocument.
"Promptly at ten o'clock next morning I presented myself at the AttorneyGeneral's office, and was immediately ushered before the august presenceof the great Solicitor, the mighty hunter of 'mare's nests.' Heevidently thought I had come to thank him for his vapory effusion, forhe received me quite smilingly, and without a trace of that hauteurwhich he had at first meant should be so crushing.
"Taking the chair he so graciously offered me, I said: 'Sir, withoutmeaning any disrespect to the Solicitor General of the United States, Iwould like to inquire what is the meaning of the document I had thehonor to receive from you yesterday?'
"He colored up, but still smiling, answered: 'Did you not understand it?I thought I wrote in very plain English.'
"'The English was plain enough, but I failed to catch your idea. Willyou permit me to make a few enquiries?'
"'Certainly.'
"'You remember I was present when the Attorney General told you that hehad examined the transcript carefully, and not finding that thegovernment has any case at all, ordered you to dismiss it.'
"He bowed, but did not speak.
"I continued: 'The Attorney General did not request you or authorize youto review his opinion. He merely said you were to dismiss the appeal,and have the clerk of the court enter in the record the order ofdismissal that same morning. Had you obeyed the Attorney General'sorder, you could not have had time to review his opinion, and find thatit was incorrect. Has the Solicitor General the right, and is itincumbent upon him, to correct the Attorney General's acts andopinions?"
"'You evidently do not understand our relative positions, and I have notthe time to instruct you.'
"'Whose positions do you mean?'
"'Ours--mine and the Attorney General's.'
"'Who is the head of the department--the Attorney General or theSolicitor?'
"'The Attorney General.'
"'Then he was your chief--your superior--when he gave the order to makethe dismissal?'
"'But I was not his clerk. You do not know how far it was discretionarywith me to execute the order that day or not.'
"'Ah, I see. The chief might issue an order, but the subaltern mightonly execute it if he deems it proper.'
"'I am not a subaltern--I have as much authority--'
"'Yes, in the absence of the Attorney General.'
"'Always--when absent or present'
"'Then the department has two heads. That is, I suppose, what confusedthings in my mind. The matter then is to rest as it now is until theAttorney General returns?'
"'Yes, I shall not remand the case, as I might have done; it will wait.'
"I took my leave then, having seen that he understood I saw through thecontemptible impertinence of his conduct. That is all the satisfaction Icould have then, but next winter, as soon as the Supreme Court convenes,the matter will be settled."
"And will the squatters have to go then?" Elvira asked.
"Not immediately, unless they were to be guided by honorable motives.The rancho will be surveyed first, and then the patent issued after thesurvey is approved by the Surveyor General," George replied.
"Ah! The endless red tape," said Elvira.
"Poor papa, he has so much trouble," Mercedes sighed. "In another yearall the cattle will have been killed."
"And the squatters will be more murderous, when they learn that theirappeal is dismissed," George said.
"Yes, I was thinking what will be the best to do to meet the emergency.I shall speak about that to Don Mariano on my return," said Clarence.
"Yes, you help him all you can," George said.
"Most undoubtedly. I will be able to do much more if I can persuade myfather to take a correct view of the matter. But he might not, for as hehas had so much trouble sustaining the rights of squatters, he has gotto feel as if he were the champion of a misunderstood cause and muchmaligned people," Clarence said, smiling sadly.
"No doubt, if Mr. Darrell is to be unfriendly, papa will have much moretrouble to manage the others," Elvira said.
"How singular that a man as bright and honorable as he is, can find anyreason to justify '_squatterism_,'" said George.
"I think he began by being persuaded to take a claim in the Suscolrancho, honestly thinking it was government land. Afterwards the grantwas confirmed, I think, but then he already felt compelled to maintainhis position to justify his action, and so he began by a mistake whichhis pride will not let him acknowledge. I was a little child then, but Iknow he has had a great deal of trouble. For the last ten years we havebeen leasing land, but he had been wishing to have a farm of his own, soas not to be putting his labor and time and money to improve some oneelse's land. Thus he was induced to come south on the representationsthat there was plenty of vacant government land, and that the TexasPacific railroad would soon be built and southern California beprosperous," said Clarence, anxious to extenuate his father's errors.
"I shall telegraph to Don Mariano when the appeal is dismissed, so youcan prepare the ground the best way you can," said George. "And nowyoung ladies it is near midnight, and is time for well regulatedchildren to be asleep."
"The moon is so lovely I could sit here for hours, watching its flasheson the water," said Mercedes.
"So could I," Clarence exclaimed.
"But I could not allow it, and let you both run the risk of beingconsidered moon struck," said George, laughing.