CHAPTER II.--_The Don's View of the Treaty of Guadalupe Hidalgo._
If there had been such a thing as communicating by telephone in the daysof '72, and there had been those magic wires spanning the distancebetween William Darrell's house in Alameda County and that of DonMariano Alamar in San Diego County, with power to transmit the humanvoice for five hundred miles, a listener at either end would have heardvarious discussions upon the same subject, differentiated only bycircumstances. No magic wires crossed San Francisco bay to bring thesound of voices to San Diego, but the law of necessity made the Squatterand the Don, distant as they were--distant in every way, withoutreckoning the miles between them--talk quite warmly of the same matter.The point of view was of course different, for how could it beotherwise? Darrell thought himself justified, and _authorized_, to "takeup lands," as he had done before. He had had more than half ofCalifornia's population on his side, and though the "_Squatter'sSovereignty_" was now rather on the wane, and the "_squatter vote_" wasno longer the power, still, the squatters would not abdicate, having yetmuch to say about election times.
But Darrell was no longer the active squatter that he had been. Hecontrolled many votes yet, but in his heart he felt the weight which hiswife's sad eyes invariably put there when the talk was of litigatingagainst a Mexican land title.
This time, however, Darrell honestly meant to take no land but whatbelonged to the United States. His promise to his wife was sincere, yethis coming to Southern California had already brought trouble to theAlamar rancho.
Don Mariano Alamar was silently walking up and down the front piazza ofhis house at the rancho; his hands listlessly clasped behind and hishead slightly bent forward in deep thought. He had pushed away to oneside the many arm-chairs and wicker rockers with which the piazza wasfurnished. He wanted a long space to walk. That his meditations were farfrom agreeable, could easily be seen by the compressed lips, slightfrown, and sad gaze of his mild and beautiful blue eyes. Sounds oflaughter, music and dancing came from the parlor; the young people wereentertaining friends from town with their usual gay hospitality, andenjoying themselves heartily. Don Mariano, though already in hisfiftieth year, was as fond of dancing as his sons and daughters, and notto see him come in and join the quadrille was so singular that his wifethought she must come out and inquire what could detain him. He was soabsorbed in his thoughts that he did not hear her voice calling him--
"What keeps you away? Lizzie has been looking for you; she wants you fora partner in the lancers," said Dona Josefa, putting her arm under thatof her husband, bending her head forward and turning it up to look intohis eyes.
"What is the matter?" she asked, stopping short, thus making her husbandcome to a sudden halt. "I am sure something has happened. Tell me."
"Nothing, dear wife. Nothing has happened. That is to say, nothing new."
"More squatters?" she asked. Senor Alamar bent his head slightly, inaffirmative reply.
"More coming, you mean?"
"Yes, wife; more. Those two friends of squatters Mathews and Hager, whowere here last year to locate claims and went away, did not abandontheir claims, but only went away to bring proselytes and their families,and a large invoice of them will arrive on to-morrow's steamer. Theworst of it all is, that among the new comers is that terrible and mostdangerous squatter William Darrell, who some years ago gave so muchtrouble to the Spanish people in Napa and Sonoma Counties, by locatingclaims there. John Gasbang wrote to Hogsden that besides Darrell, therewill be six or seven other men bringing their families, so that therewill be more rifles for my cattle."
"But, didn't we hear that Darrell was no longer a squatter, that he isrich and living quietly in Alameda?"
"Yes, we heard that, and it is true. He is quite well off, but Gasbangand Miller and Mathews went and told him that my rancho had beenrejected, and that it is near enough to town to become valuable, as soonas we have a railroad. Darrell believed it, and is coming to locatehere."
"Strange that Darrell should believe such men; I suppose he does notknow how low they are."
"He ought to know them, for they were his teamsters when he crossed theplains in '48. That is, Miller, Mathews, Hughes and Hager, were histeamsters, and Gasbang was their cook--the cook for the hired men. Mrs.Darrell had a colored woman who cooked for the Darrell family; shedespised Gasbang's cooking as we despise his character, I suppose."
Dona Josefa was silent, and holding to her husband's arm, took a turnwith him up and down the piazza.
"Is it possible that there is no law to protect us; to protect ourproperty; what does your lawyer say about obtaining redress orprotection; is there no hope?" she asked, with a sigh.
"Protection for our land, or for our cattle, you mean?"
"For both, as we get it for neither," she said.
"In the matter of our land, we have to await for the attorney general,at Washington, to decide."
"Lizzie was telling Elvira, yesterday, that her uncle Lawrence is afriend of several influential people in Washington, and that George canget him to interest himself in having your title decided."
"But, as George is to marry my daughter, he would be the last man fromwhom I would ask a favor."
"What is that I hear about not asking a favor from me?" said GeorgeMechlin, coming out on the piazza with Elvira on his arm, having justfinished a waltz--"I am interested to know why you would not ask it."
"You know why, my dear boy. It isn't exactly the thing to bother youwith my disagreeable business."
"And why not? And who has a better right? And why should it be a botherto me to help you in any way I can? My father spoke to me about adismissal of an appeal, and I made a note of it. Let me see, I think Ihave it in my pocket now,"--said George, feeling in his breast pocketfor his memorandum book,--"yes, here it is,--'For uncle to write to theattorney general about dismissing the appeal taken by the squatters inthe Alamar grant, against Don Mariano's title, which was approved.' Isthat the correct idea? I only made this note to ask you for furtherparticulars."
"You have it exactly. When I give you the number of the case, it is allthat you need say to your uncle. What I want is to have the appealdismissed, of course, but if the attorney general does not see fit to doso, he can, at least, remand back the case for a new trial. Anythingrather than this killing suspense. Killing literally, for while we arewaiting to have my title settled, the _settlers_ (I don't mean to makepuns), are killing my cattle by the hundred head, and I cannot stopthem."
"But are there no laws to protect property in California?" George asked.
"Yes, some sort of laws, which in my case seem more intended to help thelaw-breakers than to protect the law-abiding," Don Mariano replied.
"How so? Is there no law to punish the thieves who kill your cattle?"
"There are some enactments so obviously intended to favor one class ofcitizens against another class, that to call them laws is an insult tolaw, but such as they are, we must submit to them. By those laws any mancan come to my land, for instance, plant ten acres of grain, without anyfence, and then catch my cattle which, seeing the green grass without afence, will go to eat it. Then he puts them in a '_corral_' and makes mepay damages and so much per head for keeping them, and costs of legalproceedings and many other trumped up expenses, until for such littlefields of grain I may be obliged to pay thousands of dollars. Or, if thegrain fields are large enough to bring more money by keeping the cattleaway, then the settler shoots the cattle at any time without the leasthesitation, only taking care that no one sees him in the act of firingupon the cattle. He might stand behind a bush or tree and fire, but thenhe is not seen. No one can swear that they saw him actually kill thecattle, and no jury can convict him, for although the dead animals maybe there, lying on the ground shot, still no one saw the settler killthem. And so it is all the time. I must pay damages and expenses oflitigation, or my cattle get killed almost every day."
"But this is infamous. Haven't you--the cattle owners--tried to havesome law enacted that wi
ll protect your property?" George asked. "Itseems to me that could be done."
"It could be done, perhaps, if our positions were reversed, and theSpanish people--'_the natives_'--were the planters of the grain fields,and the Americans were the owners of the cattle. But as we, theSpaniards, are the owners of the Spanish--or Mexican--land grants andalso the owners of the cattle ranchos, our State legislators will notmake any law to protect cattle. They make laws '_to protectagriculture_' (they say proudly), which means to drive to the wall allowners of cattle ranchos. I am told that at this session of thelegislature a law more strict yet will be passed, which will beostensibly 'to protect agriculture,' but in reality to destroy cattleand ruin the native Californians. The agriculture of this State does notrequire legislative protection. Such pretext is absurd."
"I thought that the rights of the Spanish people were protected by ourtreaty with Mexico," George said.
"Mexico did not pay much attention to the future welfare of the childrenshe left to their fate in the hands of a nation which had no sympathiesfor us," said Dona Josefa, feelingly.
"I remember," calmly said Don Mariano, "that when I first read the textof the treaty of Guadalupe Hidalgo, I felt a bitter resentment againstmy people; against Mexico, the mother country, who abandoned us--herchildren--with so slight a provision of obligatory stipulations forprotection. But afterwards, upon mature reflection, I saw that Mexicodid as much as could have been reasonably expected at the time. In thevery preamble of the treaty the spirit of peace and friendship, whichanimated both nations, was carefully made manifest. That spirit was tobe the _foundation_ of the relations between the conqueror andconquered. How could Mexico have foreseen then that when scarcely half adozen years should have elapsed the trusted conquerors would, '_InCongress Assembled_,' pass laws which were to be retroactive upon thedefenceless, helpless, conquered people, in order to despoil them? Thetreaty said that our rights would be the same as those enjoyed by allother American citizens. But, you see, Congress takes very good care notto enact retroactive laws for Americans; laws to take away from Americancitizens the property which they hold _now_, already, with a recognizedlegal title. No, indeed. But they do so quickly enough with us--with us,the Spano-Americans, who were to enjoy equal rights, mind you, accordingto the treaty of peace. This is what seems to me a breach of faith,which Mexico could neither presuppose nor prevent."
"It is nothing else, I am sorry and ashamed to say," George said. "Inever knew much about the treaty with Mexico, but I never imagined wehad acted so badly."
"I think but few Americans know or believe to what extent we have beenwronged by Congressional action. And truly, I believe that Congressitself did not anticipate the effect of its laws upon us, and how wewould be despoiled, we, the conquered people," said Don Mariano, sadly.
"It is the duty of law-givers to foresee the effect of the laws theyimpose upon people," said Dona Josefa.
"That I don't deny, but I fear that the conquered have always but a weakvoice, which nobody hears," said Don Mariano. "We have had no one tospeak for us. By the treaty of Guadalupe Hidalgo the American nationpledged its honor to respect our land titles just the same as Mexicowould have done. Unfortunately, however, the discovery of gold broughtto California the riff-raff of the world, and with it a horde ofland-sharks, all possessing the privilege of voting, and most of themcoveting our lands, for which they very quickly began to clamor. Therewas, and still is, plenty of good government land, which any one cantake. But no. The forbidden fruit is the sweetest. They do not wantgovernment land. They want the land of the Spanish people, because we'have too much,' they say. So, to win their votes, the votes of thesquatters, our representatives in Congress helped to pass laws declaringall lands in California open to pre-emption, as in Louisiana, forinstance. Then, as a coating of whitewash to the stain on the nation'shonor, a 'land commission' was established to examine land titles.Because, having pledged the national word to respect our rights, itwould be an act of despoliation, besides an open violation of pledgedhonor, to take the lands without some pretext of a legal process. Sothen, we became obliged to present our titles before the said landcommission to be examined and approved or rejected. While these legalproceedings are going on, the squatters locate their claims and raisecrops on our lands, which they convert into money to fight our titles.But don't let me, with my disagreeable subject spoil your dance. Go backto your lancers, and tell Lizzie to excuse me," said Don Mariano.
Lizzie would not excuse him. With the privilege of a futuredaughter-in-law, she insisted that Don Mariano should be her partner inthe lancers, which would be a far pleasanter occupation than to bewalking up and down the porch thinking about squatters.
Don Mariano therefore followed Lizzie to their place in the dance.Mercedes sat at the piano to play for them. The other couples took theirrespective positions.
The well-balanced mind and kindly spirit of Don Mariano soon yielded tothe genial influences surrounding him. He would not bring his trouble tomar the pleasure of others. He danced with his children as gaily as thegayest. He insisted that Mr. Mechlin, too, should dance, and thisgentleman graciously yielded and led Elvira through a quadrille,protesting that he had not danced for twenty years.
"You have not danced because you were sick, but now you are well. Don'tbe lazy," said Mrs. Mechlin.
"You would be paying to San Diego climate a very poor compliment byrefusing to dance now," George added.
"That is so, papa. Show us how well you feel," Lizzie said.
"I shall have to dance a hornpipe to do that," Mr. Mechlin answered,laughing.
To understand this remark better, the reader must know that Mr. JamesMechlin had come to San Diego, four years previously, a living skeleton,not expected to last another winter. He had lost his health by a tooclose application to business, and when he sought rest and relaxationhis constitution seemed permanently undermined. He tried the climate ofFlorida. He spent several years in Italy and in the south of France, buthe felt no better. At last, believing his malady incurable, he returnedto his New York home to die. In New York a friend, who also had been aninvalid, but whose health had been restored in Southern California,advised him to try the salubrious air of San Diego. With but littlehope, and only to please his family, Mr. Mechlin came to San Diego, andhis health improved so rapidly that he made up his mind to buy a countryplace and make San Diego his home. William Mathews heard of this, andoffered to sell his place on what Mr. Mechlin thought very moderateterms. A lawyer was employed to pass upon the title, and on hisrecommendation the purchase was made. Mr. Mechlin had the Mathews housemoved back near the barn, and a new and much larger one built. When thiswas finished the Mechlins moved into it, and Mr. Mechlin devoted himselfto cultivating trees and flowers, and his health was bettered every day.This was the compensation to his wife and two daughters for exilingthemselves from New York; for it was exile to Caroline and Lizzie togive up their fine house in New York City to come and live on aCalifornia rancho.
Soon, however, these two young ladies passed their time more pleasantly,after making the acquaintance of the Alamar family, and soon theiracquaintance ripened into friendship, to be made closer by the intendedmarriage of Gabriel--Don Mariano's eldest son--to Lizzie. Shortly after,George--Mr. Mechlin's only son--came on a visit, and when he returned toNew York he was already engaged to Elvira, third daughter of SenorAlamar.
Now, George Mechlin was making his second visit to his family. He hadfound New York so very dull and stupid on his return from Californiathat when Christmas was approaching he told his uncle and aunt--withwhom he lived--that he wanted to go and spend Christmas and New Year'sDay with his family in California.
"Very well; I wish I could go with you. Give my love to James, and tellhim I am delighted at his getting so well," Mr. Lawrence Mechlin said,and George had his leave of absence. Mr. Lawrence Mechlin was presidentof the bank of which George was cashier, so it was not difficult for himto get the assistant cashier to attend to his duties when he was away,particular
ly as the assistant cashier himself was George's most devotedfriend. George could have only twelve days in California, but to seeElvira for even so short a time he would have traveled a much longerdistance.
Mr. James Mechlin affirmed repeatedly that he owed his improved healthto the genial society of the Alamar family as much as to the genialclimate of San Diego County. Mr. Mechlin, however, was not the only onewho had paid the same tribute to that most delightful family, the mostcharming of which--the majority vote said--was Don Mariano himself. Hisnobility of character and great kindness of heart were well known toeverybody.
The Alamar family was quite patriarchal in size, if the collateralbranches be taken into account, for there were many brothers, nephewsand nieces. These, however, lived in the adjoining rancho, and yetanother branch in Lower California, in Mexico. Don Mariano's ownimmediate family was composed of his wife and six children, two sons andfour daughters.
All of these, as we have seen, were having a dance. The music wasfurnished by the young ladies themselves, taking their turn at thepiano, assisted by Madam Halier (Mercedes' French governess), who wasalways ready to play for the girls to dance. Besides the Mechlins, therewere three or four young gentlemen from town, but there were so manyAlamares (brothers, nieces and nephews, besides) that the room seemedquite well filled. Such family gatherings were frequent, making theAlamar house very gay and pleasant.
George Mechlin would have liked to prolong his visit, but he could not.He consoled himself looking forward to the ninth of June, when he wouldcome again to make a visit of two months' duration. On his return East,before renewing his duties at the bank, he went to Washington to seeabout the dismissal of the appeal. Unfortunately, the attorney generalhad to absent himself about that time, and the matter being left withthe solicitor general, nothing was done. George explained to Don Marianohow the matter was delayed, and his case remained undecided yet foranother year longer.