CHAPTER III.--_Pre-empting under the Law._
"All aboard for San Diego!" shouted a voice from a wagon, as it rumbledpast Darrell, who walked leisurely with a satchel in his hand, swingingit unconsciously, lost in thought. He looked up and saw that the wagonwhence the voice came carried ten or twelve men, sitting on trunks andpackages and carpet-bags. These men Mathews and Gasbang had presented tohim, saying that they were settlers already residing at the Alamarrancho, and others who were going down to take up claims, at the sametime that he would locate his. Darrell looked at his future neighborswith feelings of anything but pleasure. The broad, vulgar face ofGasbang, with its square jaws, gray beard, closely clipped, but nevershaved, his compressed, thin, bloodless lips, his small, pale, restlesseyes and flat nose, Darrell soon recognized, though the wagon was goingrapidly. Mathews' visage was equally noticeable for its ugliness, thoughof a different type; for his face was long and shaved; his nose waspinched and peaked and red; his cheeks were flabby; and his long, oily,dusty, hair dragged over his neck in matted, meshy locks, while aconstant frown settled on his brow. As he was broad-shouldered andrather tall, his face seemed made for some other man much weaker thanhimself. His face looked mean and discontented, while his body seemedstrong and self-reliant.
The wagon had arrived and gone away, and the men had walked aboard theboat, when Darrell, still swinging his satchel abstractedly, stood onthe wharf looking at the steamer as if not quite resolved to go. He feltno sympathy, no liking, for any of those men with whom he was nowassociated.
It was different to have Gasbang as his hired man, as before, but now hewas not under orders, and was much older. Years, moreover, had notimproved his low nature. Darrell had no higher opinion of the others. Hewas sure these were not the sort of people whom his wife would like tohave for neighbors. He felt self-accused and irresolute. A shout fromGasbang, who was observing him from the steamer's deck, made Darrelllook up quickly, ashamed of having betrayed his irresolution. "I canreturn immediately, if things don't suit me," he thought, walkingtowards the gang-plank.
"Come on. Your luggage is all aboard, I took care of it," Gasbang said,coming to meet him. He snatched Darrell's satchel, in friendlyobsequiousness, to carry it for him. "Come along; you'll be left," saidhe, and Darrell followed him, half-disgusted at his vulgarofficiousness. "I got your berth for you. The steamer is so crowded,that men have to be crammed into rooms by the bunch, so you and I andMathews must room together."
"That is all right," said Darrell, with a shiver of disgust, and went totake a seat on deck where he could be alone.
The bustle and hurry of getting off was over at last, and the steamerwas furrowing her way through the spacious bay of San Francisco towardsthe Golden Gate. Groups of passengers stood here and there, admiring thebeautiful harbor and its surrounding country. Darrell sat alone, fixinghis gaze upon the receding verdure of Alameda County. Above that green,undulating line of diminishing hills, which seemed to fly from him,Darrell could see plainly one face, one form, beautiful to him as noneother could be, the face and form of his wife, his beloved Mary. Thiswas the first time he had ever left her for any longer time than a twodays' absence, since they were married. Now he might be absent severalmonths, for if he decided to locate in San Diego County, he would firstbuild a house before he sent for his family. He would first send forClarence--his eldest son--and then, when a comfortable home wasprepared, the family would come.
The voyage down the coast was made safely. Darrell had managed to keepaway from his fellow-travelers, to think of home unmolested.
It was a bright morning of January, 1872, when he stood far forward,watching the course of the steamer Orizaba, as she made her way aroundPoint Loma, then between Ballast Point and the sandy peninsula, andpassing by La Playa, came in sight of San Diego city.
"Here we are," said John Gasbang; "how do you like the looks of ourlittle city, Mr. Darrell?"
"Very well; it is larger than I supposed, and the site of it seems verypleasant."
"Pleasant! I should say it was. A perfect slope, sir, as gentle andregular as if made to order. The best drained city in the world, sir,when we put in sewers. Too poor for that, yet, sir, but we are coming toit, sir, growing, growing, sir."
"When we get the railroad," added Mathews, with a mouth full of tobacco,spitting profusely on the deck.
"Exactly, and we'll soon have that. Our news from Washington is veryencouraging. Tom Scott will visit us this summer," Gasbang said.
"I like a town with plenty of trees," said Darrell, with his gaze fixedon the approaching panorama, thinking that his wife would be pleasedwith the place, she being so fond of trees. "I had no idea you had somany trees about you. Many are small, yet, but all seem healthy."
"And health-giving trees, they are, too. Most of them are eucalyptus andpepper trees, the healthiest in the world. You never hear of anymalarial fevers in San Diego, sir, never. Our perfect climate, the finesloping ground of our town site, our eucalyptus trees, sea breezes andmountain air, make San Diego a most healthy little city," said Gasbang.
"That is an excellent recommendation, as life is not worth havingwithout health," Darrell observed.
"We have it here," Hughes said. "A man has to be very imprudent not tokeep well in our climate, sir. All we want now is a little stimulus ofbusiness prosperity, and the railroad is sure to bring us that. Then SanDiego will be the best place on the coast for a residence."
The loud report of a cannon, close by, made Darrell jump and look aroundquickly, not knowing what that explosion could mean.
"That is our visiting card to the people of San Diego, to announce ourcoming," said the captain, laughingly. "I am sorry it startled you."
"That is nothing. I didn't know I had nerves. I believe that is whatwomen call it. I was not expecting such a military salute," Darrellsaid.
"O yes, we always give it. The San Diego people are very military. Atleast, I should say the settlers on Senor Alamar's rancho are, as I hearthey practice rifle shooting there all the time," the captain said,looking at Mathews and Gasbang.
"That is a shot at us," Gasbang answered, laughing.
"But it is a blank cartridge, meant not to hurt," the captain replied.
"The rifle practice is in dark nights," said a young Spaniard, who hadbeen listening at what was said by the others.
"Or in the daytime, if the cattle deserve it," Mathews said.
"That is very creditable and brave, to shoot tame cows," the Spaniardrejoined.
"Perhaps you had better come and try it," Mathews returned.
"Thank you. It is the mischievous brutes I would like to shoot, not thegood, useful cattle;" so saying, the Spaniard walked away, followed bythe scowls of the settlers.
"That is impudence for you," Gasbang exclaimed.
"Those greasers ain't half crushed yet. We have to tame them like theydo their mustangs, or shoot them, as we shoot their cattle," saidMathews.
"O, no. No such violent means are necessary. All we have to do is totake their lands, and finish their cattle," said Hughes, sneeringly,looking at Darrell for approval. But he did not get it. Darrell did notcare for the Spanish population of California, but he did not approve ofshooting cattle in the way which the foregoing conversation indicated.To do this, was useless cruelty and useless waste of valuable property,no matter to whom it might belong. To destroy it was a loss to theState. It was folly.
"Why must cattle be shot? Can't they be kept off, away from your cropswithout shooting them?" he asked.
"Not always. At first, that is, for the first three years after welocated our claims," Gasbang said; "we had to shoot them all the time.Now the Don has sold a good many, or sent them to the mountains, so thatfew have been killed."
"I suppose fencing would be too expensive."
"Phew! It would be ruinous, impossible," Mathews said.
"Mr. Mechlin is the only one who has attempted to put up any fences,"Romeo said, who had been listening in silence.
"He did so,
because he is an old hypocrite," Mathews said.
"Because his daughter Lizzie is going to marry Gabriel Alamar, and ofcourse, they have to be on friendly terms," said Hughes.
"That ain't the reason. He fenced a hundred acres the first year, and henever sows outside, so that he's not at all troubled by the Don'scattle," said Romeo.
"But Gabriel is going to marry Lizzie all the same, and the two familiesare as thick as can be. Old Mechlin has gone back on us. I wish he wouldgo away," Mathews said.
"Why should he go? He paid a very good price for his farm, and has mademany improvements," said Romeo.
"Who did he buy from?" asked Darrell.
"From me. I sold him that claim, and took up another a mile up thevalley," said Mathews.
"And a good bargain it was, too," Romeo observed.
Mathews gave him a black look, but made no answer.
The steamer had now reached the wharf. The deck was filled withpassengers and their baggage ready for shore. Pittikin, with wife anddaughters blonde and freckled, and Hughes, with his wife and daughtersdark and gypsy-looking, were all there, ready for their drive to Alamar.
There were several wagons, light and heavy, waiting to convey thenewly-arrived and their luggage to the Alamar rancho. Darrell, havinghis choice of conveyances, preferred to go in a light wagon with RomeoHancock, but Gasbang and Mathews joined him. Miller and Hager had cometo meet their prodigal sons, who had been in San Francisco for severalmonths, when they had permission to remain only a few weeks. But theyhad fallen into Peter Roper's company, and that individual hadrepresented the fascinations of whiskey most alluringly to them,advising them to have a good time now that they had the opportunity.They yielded to the tempter, and now had returned home like repentantprodigals.
In a few hours Darrell was driving by Don Mariano Alamar's house, aone-story mansion on a low hill, with a broad piazza in front, and inthe interior a court formed by two wings, and a row of rooms variouslyoccupied at its back. That the house was commodious, Darrell could see.There was a flower garden in front. At the back there were several"_corrales_" for cattle and horses. At the foot of the hill, on theleft, there was an orchard, and some grain fields enclosed with goodfences.
Darrell took notice of all these particulars. He also noticed that therewere females on the front piazza. He was taken to see the bestunoccupied lands to make his selection. He ran his practiced eye overthe valley from the highest point on the hill. He then came to the nextbench; he stopped there, also, and finally came to the broad slope ofthe foothills.
"I think I'll locate here," said he, "if no one else has already filed aclaim to this land."
This he said to his fellow-settlers, all being present, addressing all.
"I am sure I have no objection," said Hughes.
"Nor I, neither," said Gasbang. "What do you say, Pittikin and Mathews?Do you know _if_ this land is located, or who done it?"
Mathews shook his head in the negative, and kept on chewing his tobaccoin silence.
Pittikin said, "I reckon nobody is located here, and if they _done it_,why don't they leave stakes? They leave no stakes, no notice tosettlers; they can't make any row if somebody else takes the land."
"Well, I want to respect everybody's right; so I want you all to bearwitness, that I found no stakes or notices of anybody. I don't want tojump anybody's claim; I want a fair deal. I shall locate two claimshere--one in my own name and one for my oldest son, Clarence," saidDarrell.
"You'll take 320 acres?" asked Hughes.
"Yes, 320 acres,--according to law," replied Darrell.
"All right. Let us measure them now," said Gasbang. "We have time tomark the limits and put the corner stakes. I have a cord here in mywagon, which is a chain's length. That will do the business."
"That will do temporarily, I suppose; but I'll have the two claimsproperly surveyed afterwards according to law," Darrell said.
"Of course, you will. We all know you will do the fair thing byeverybody, and follow the law strictly," said Hughes. In which opinionall concurred.
"Have you all made your selections?" Darrell asked Hughes.
"Yes; Pittikin and I will locate near Hancock. We like that valley; itis further off, but better soil," said Hughes. "My oldest boy will put aclaim near me, and Miller's two boys have staked theirs also. I thinkwe'll like that location better."
"I am glad you like it. I think this is good enough soil for me,"Darrell said.
"It is good enough for anybody. The whole rancho is all good soil. Letus put the stakes now," said Gasbang; and assisted by Mathews, RomeoHancock and Sumner Pittikin, Darrell proceeded by making a rough guessto measure 320 acres (more or less), and put the corner stakes.
"This is what I call business," said Gasbang, carrying cheerfully oneend of the rope used for measurement; "and all inside of the law. Thatis the beauty of it--all perfectly lawful."
And so it was.
The stakes having been placed, Darrell felt satisfied. Next day he wouldhave the claim properly filed, and in due time a surveyor would measurethem. All would be done "according to law," and in this easy way moreland was taken from its legitimate owner.
This certainly was a more simple way of appropriating the property of"_the conquered_" than in the days of Alaric or Hannibal.
There would have been bloodshed then. Now tears only flowed; silenttears of helpless discouragement; of a presentiment of impendingdesolation.
Sadly Dona Josefa and her daughters had witnessed from the half-closedshutters of their bedroom windows Mr. Darrell's performance, and fullyanticipated serious trouble therefrom.
Don Mariano Alamar, Gabriel and Victoriano--his two sons--had alsosilently witnessed Mr. Darrell's _lawful_ appropriation of their ownproperty. Gabriel was pale and calm. Victoriano was biting his lips, andhis face was flushed.
"The government has for sale hundreds of millions of acres, but yetthese men must come and take my land, as if there was no other," saidDon Mariano, sadly.
"And as we pay the taxes on the land that they will cultivate, our taxeswill double next year," Gabriel added.
"Undoubtedly. That climax to injustice has been the most fatal of allthe hardships imposed upon us. George could not believe me when I toldhim that we (the land-owners) have to pay the taxes on the landcultivated by the pre-emptors, and upon all the improvements they makeand enjoy. When he at last understood that such unfair laws did exist,he was amazed, but understood then why the settlers wished to prolonglitigation, since it is '_the natives_' who must bear the burden oftaxation, while the titles are in the courts, and thus the pre-emptorshold the land free."
"I wish we were squatters," Victoriano remarked.
"During litigation, yes; but there have been cases where honest menhave, in good faith, taken lands as squatters, and after all, had togive them up. No, I don't blame the squatters; they are at times likeourselves, victims of a wrong legislation, which unintentionally cutsboth ways. They were set loose upon us, but a law without equity recoilsupon them more cruelly. Then we are all sufferers, all victims of adefective legislation and subverted moral principles."