CHAPTER IV.--_Efforts to Right the Wrong._
Darrell was not the man to make any delay in putting into practice aproject, when once adopted. He therefore immediately wrote home sayingthat he "had located," and wished Clarence to come down as soon as homematters permitted it. All the crops must be in first, so that Everettand Webster could take care of the farm when Clarence left. They had twogood farm hands and a man to take care of the dairy, but still, Darrellmade his boys give their personal attention to all the work on the farm.He wrote to Clarence that he would build a small house quickly, whichafterwards could be used for the hired men, and would wait until he camedown to begin building their dwelling house. That he would level theground for the house, sink a couple of wells and put up two windmills,the running stream not being sufficient.
"I think I had better buy the lumber for the house up here and charter aschooner to send it down," Clarence said to his mother, after readinghis father's letter.
"Did he say anything to you about the condition of the title?" Mrs.Darrell asked.
"Not a word. I suppose the land is vacant," Clarence replied. Mrs.Darrell shook her head, as if in doubt.
"I want you to see to that, before there is any house built in which Ishall be expected to reside," she said. "The first thing you do when youget there is to inquire whether the land has been finally rejected andthere is no litigation for it. If there is, I want you to pay for it tothe owner. And if he will not or cannot sell, write to me at once."
"Very well, mother, I shall do as you say, and I assure you I do notwish father to take up any land claimed by any one under a Mexicantitle. I think those Spanish people ought to be allowed to keep the landthat their government gave them. We ought not to have made any laws thatwould place their titles in a bad light and be questioned. We shouldhave accepted the legality they had before their own Mexican government,without making some other legality requisite, to please ourselves,"Clarence said.
"That has always been my opinion, but I have failed to convince yourfather. However, with our combined efforts, we might dissuade him fromhis present way of thinking," said Mrs. Darrell.
Clarence would not be able to leave home for a few weeks yet. In themeantime, his father had not been idle, he had lost no time in carryingout his plans, and shortly after making his "location" in the mannerdescribed, he had several men engaged in different employments at hisplace. When he had already begun building the small house, of which hespoke in his letter to Clarence, Don Mariano, accompanied by his twosons, rode up to the place where he was then superintending his workmen.
"Good morning, Mr. Darrell," said Don Mariano.
"Good morning," Darrell answered, laconically.
"Can I speak a few words with you?"
"Certainly," he said, going a few steps nearer.
"I see you have taken up some land here, and I suppose you think it isgovernment land, but if so, you are misinformed. This land belongs tome," Don Mariano said.
"Why is it reported rejected then? I have seen the law report, statingthat your title was rejected."
"Yes, I know that such is the case. For some mistake or other the entrywas made placing my title in the list of those rejected, but I assureyou that it is a mistake. My title is now before the attorney general inWashington, because, having been approved, the settlers took an appeal.If the attorney general sustains the appeal, I suppose he will remandthe case for a new trial, but I have reasons to suppose he will dismissthe appeal and affirm the decision of the District Court in my favor."
"We will see about that," Darrell said.
"Undoubtedly we will; meantime I thought it was best to undeceive you,and give you warning that you are building on my land."
"Your land if you get it," was the answer.
"If you knew the condition of my title I don't think that you woulddoubt that this land is mine. However, all I wish to do is to preventyou from spending money here and then naturally get into litigation withme to defend your property," said Don Mariano.
Darrell thought of his wife, and her earnest injunctions. He wished tokeep his promise to her. He said:
"If the courts say that this land rightfully belongs to you, I shall payyou for your land or vacate."
"But, Mr. Darrell, you will get me into litigation with you, and I wishto avoid that."
"No, I shall not get you into any law suit with me. I shall buy yourland or leave."
"Very well, Mr. Darrell, I shall rely on your word. I shall rememberwhat you say; please do the same."
"I am not in the habit of forgetting what I say."
Don Mariano and his two sons lifted their hats, bowed slightly, turnedtheir horses' heads and moved off.
Darrell returned their bow, muttering to himself, "They take off theirhats and bow like gentlemen, anyway."
While he was talking with Don Mariano, Mathews, Hughes, Gasbang, Millerand Pittikin had come. They heard all that was said and lookeddisappointed. They evidently had counted upon Darrell to help them tofight the rightful owner.
"Did I understand you to say to the Don that you will not maintain yourclaim, if the attorney general dismisses our appeal?" asked Gasbang.
"I don't know what you understood, or what you did not understand. WhatI said was that if the Don's title is decided to be right and legal, Ishall not contest it. Why should I, if the land is his? I came here totake up government land, believing his title was rejected. He says it isnot."
"He lies; it was rejected," Gasbang said.
"That is why we appealed," Mathews added.
"Very well; we will wait. For my part, I think that if his title wasrejected he will find it hard to get it back," said Darrell.
The fact of his going on with his building ought to have been sufficientproof to the other settlers that he had cast his lot with them. But itwas not. They feared that at any time he might pay the Don for his land,and cease to be one of them; cease to be a "_squatter_." These doubts,these fears, were the perennial theme of endless discussion with thesettlers of Alamar.
With date of February 14, 1872, the Honorable Legislature of Californiapassed a law "_To protect agriculture, and to prevent the trespassing ofanimals upon private property in the County of Los Angeles, and theCounty of San Diego, and parts of Monterey County_."
In the very first section it recited, that "every owner _or occupant_ ofland, _whether it is enclosed or not_," could take up cattle found insaid land, etc., etc. It was not stated to be necessary that the_occupant_ should have a good title. All that was required seemed to bethat he should _claim to be an occupant_ of land, no matter who was theowner.
Before this law came out, Don Mariano had already had a great deal oftrouble with the squatters, who kept killing his cattle by the hundredhead at times. After this law passed, he had the additional annoyance ofhaving to pay money for the release of cattle taken up by _occupants_who would not fence their ten-acre crops. Thus, the alternative was,that if cattle were not taken up, he was sure to find them shot dead bysome invisible hand. He had hoped that the Legislature would pass a lawsaying that "unless _occupants_ of land put fences around their fields,they would not be authorized to take up cattle." But, instead of this,the above-mentioned law was enacted.
This was, of course, ruinous to Don Mariano, as well as to all owners ofcattle ranchos where settlers had seen fit to locate homesteads. Now anyone man, by planting _one acre_ of grain to attract cattle to it, couldmake useless thousands of acres around it of excellent grazing, becauseit became necessary to drive cattle away from the vicinity of theseunfenced fields.
In view of all this, and seeing that the new law would confirm the rightto plant fields without fencing, and take up cattle, horses or any otheranimals found therein, Don Mariano thought he would call together allthe settlers in his rancho, and make some proposition to them that wouldbe fair to everybody, and by which he would save his cattle from gettingkilled or captured (when he must ransom them) all the time.
He told his idea to Mr. Mechlin,
who thought it was a good plan, andvolunteered to see some of the settlers with whom he was acquainted,thinking that these could see others, and in this manner a meeting bearranged. He started in the morning on his errand, and in the eveningDon Mariano called to learn the result.
"These men are meaner and lower than I had supposed," said Mr. Mechlin,whose very fine nervous organization ill-fitted him for the roughcontact of Gasbangs. "Would you believe it, they suspected I wanted tolay a trap in which the innocent lambs would fall, and you--thewolf--catch them. If it had not been that I saw Darrell, I would havebeen utterly discouraged. And I suspect he would not have been half sopolite and considerate but for the influence of his son, who has justarrived."
"I heard he had. You saw him?"
"Yes; and a very gentlemanly, handsome young fellow he is. He made hisfather promise to go with him to see the settlers in person, and arrangefor you to meet them; he will report to me in the evening the result oftheir embassy."
Clarence kept his word to Mr. Mechlin, and immediately after breakfasthe had his buggy and horses (a fine turnout he had brought from SanFrancisco) at the door. Darrell smiled, and good-naturedly took his seatbeside his son, saying it would be best to begin by seeing Gasbang andMathews. Fortunately they met these men, who were driving to see him, toask his opinion about agreeing to meet Don Mariano. Darrell promptlytold them that he thought no one of the settlers should refuse a requestso easy to grant.
"But don't you think there is a trap in it?" Mathews asked.
"None whatever. We are not children," Darrell replied.
"But suppose he makes us promise something?" Mathews argued.
"How can he coerce any one against his will," said Darrell.
"No one will be obliged to accede unwillingly," said Clarence. "Let usat least be courteous."
"Certainly. Have you any idea what it is that he wants to say?" askedGasbang.
"He wants to make some proposition to the settlers, by which he hopesthat the interests of all concerned will be subserved," said Clarence.
"Visionary!" exclaimed Gasbang, tapping his forehead with hisforefinger; "not practical."
"But his intentions are perfectly kind and fair," Clarence said.
"That is to say, Mr. Mechlin thinks they are."
"Why shouldn't they be? He certainly can't coerce anybody. Here we areon what he believes to be his land, and we don't think it is. Well, whatof that?"
"He certainly won't propose to fight us single-handed. We are themajority," said Darrell.
"All right. We'll see Hager and Miller, and the other fellows in thatvalley. But we think Mr. Clarence will do better with Hancock, Pittikinand Hughes. The female element is strong there, but it will weaken inhis hands, and in that malleable condition, he can shape it to suithimself, with one look out of his eyes at the whole troop of girls,"said Gasbang.
"Goodness! You don't suppose I would go to play the sweet fellow tothose ugly old girls, and make a fool of myself," said Clarence, with sogenuine a look of thorough disgust, that it made John Gasbang indulge inone of his loudest fits of hilarity. "Don't be alarmed, my young friend.There is no harm for you there. I could turn you loose among those girlsand you would be as safe as Daniel among 'lions' or in 'fiery furnace.'You would not get a single scratch, or feel any flames at all," said he.
"What a low, vulgar fellow this is, even too low for a squatter," saidClarence, driving off.
"Phew!" ejaculated the elder Darrell, "you speak like _a Don_. Your ideaof _a squatter_ is not flattering."
"It is flattering thus far, that I think Gasbang is too low for thesettler, who means no wrong-doing,--the average squatter. As forMathews, I am sure he is a cut-throat by instinct."
"That may be; but I think their idea of your seeing Pittikin and Hughesis good. You can have more effect on them than Gasbang or Mathews."
"O, I am willing to go to speak to the old men, but why should I see thegirls?"
"You manage that part to suit yourself. And now stop. I'll drop here;you needn't go out of your way. I'll walk home. I want to see this pieceof land near by. It has not been located. I might put a claim there forEverett and another for Webster."
Clarence sighed, and silently drove on. He had passed by the Pittikinand Hughes farms the day he arrived, as his father had taken him to seehow nicely the settlers were doing in Southern California; all expectingtheir prosperity to increase by the building of the railroad. Clarencesaw the two houses and began to feel like a mariner of old betweenScylla and Charybdis. There might be a troop of ugly old girls in eachhouse. If he could only see some men out in the fields. But the fieldslooked deserted. Where could the men be--this being no Sunday nor Fourthof July, that they should leave off work? On looking about for somehuman being to guide him, he saw in the distance, under a clump of darktrees, several wagons, and horses unhitched, standing harnessed nearthem.
He was about to turn to the left, to take the road between two fields,when he heard voices, shouting loudly. He supposed they were callingsome one. The shouts were followed by a man on horseback gallopingtowards him. Clarence stopped and waited. The rider was no other thanMr. Pittikin, who came in person to invite him to join their picnic, inhonor of his daughter's wedding. The opportunity to see _the men_together would be excellent, but the _girls_ would be there, too,thought Clarence, not over pleased.
"Please excuse me, I am not dressed to appear in company. I came to seeyou on business," said he.
"The girls said I must bring you." Clarence felt a qualm. "And even if Ihave to fight you I must obey; obey the ladies, you know. There ain'tmany there. Only our two families--Hughes and mine, and neighborHancock's and a few friends. Indeed, we will feel slighted if you don'tjoin us. We will feel you think us too humble a class for you toassociate with."
"Nothing of the kind. If I thought so, I would not hesitate to presentmyself before the ladies in this dress."
"Come along, anyhow. We'll make all the allowance you want. But you see,this is my daughter Fanny's birthday and her wedding day. She wasmarried to Romeo Hancock this morning. So we wanted a room as big as allout doors to celebrate the occasion. We thought the best thing would beto have a picnic under those beautiful trees. Come, please. If you ain'twith us, you are against us."
"I'll go home and put on other dress and come back immediately," saidClarence.
Pittikin laughed. "Just what Fanny said. I tell you she is an awfullysmart girl. She said, 'He'll tell you he is going home to change hisclothes, but don't you let him, because he'll only give us the slip.' Soyou see, I can't let you go. Besides, they are setting the table,--Imean to say, spreading the eatables,--so you have no time to go homenow."
"But, look here, Mr. Pittikin, what is to become of my mission? I cameto see you and Mr. Hughes on business, and not on a picnic."
"Can't the business wait till to-morrow?"
"Not very well, as I promised Mr. Mechlin."
"Oh! I know; Hughes told me," interrupted Pittikin. "The Don wants tomake speeches to the settlers to fool us into a--into--some terms ofhis, so that we'll kick ourselves out of our farms."
"Nothing of the kind. He is not going to make any foolish propositions,but even if he were, you can lose nothing by being polite and listeningto him."
"I don't know but what you are right. I like always to be polite; and asfor Hughes, he is the politest man going, and no mistake. He neverspeaks loud, and he always listens to you. I think it will be the bestthing, perhaps, to see Hughes, now. Then there is neighbor Hancock, andneighbor Miller and Jackson, and the boys. Come along, we'll collar themin a bunch."
"Then, I can count upon your help?"
"Certainly you can; for when it is a question of politeness, I won't beleft behind, and if I give you my word, you can bet on me."
Clarence was received with loud demonstrations of pleasure.
"Here he is," said Pittikin, on arriving at the picnic ground; "I gothim; but as he has some business to talk to us about, I promised him wewould attend to th
at too, and mix business with pleasure, as it were.So, you talk to them girls, Mr. Darrell, while we old men see what canbe done and how, and we'll let you know."
Clarence was presented by Mr. Pittikin to Mrs. Pittikin, and this ladypresented him to the company, saying that he must make himself at home,which Clarence did not see well how he could do.
But the young ladies could not boast of having often the good fortune toentertain a young gentleman as elegant, handsome and rich as Clarence,and they made good use of their golden opportunity. Sweet glances andcomplimentary expressions of pleasure, because the Darrell family wereto be their neighbors, showered upon him, until he was ready to laughoutright. But he was too kind to have done anything so discourteous, andtook it all in good part, thinking it was all meant in kindness.
"Come, let us show to Mr. Darrell our ice fountain; it is, I think, agreat natural curiosity," said Mrs. Romeo Hancock, the heroine of theday, being the lady in whose honor the hymeneal festivities took place."Come girls and boys," said she, and accompanied by Clarence, andfollowed by eight or ten others, she guided them to a little cave undera large oak, from which a muffled sound of tiny bells that seemed totinkle and sigh and whisper, came forth. It seemed to Clarence as if thelittle fountain was in sympathy with the dispossessed owners, but didnot dare to raise its timid voice in behalf of the vanquished, who nolonger had rights in their patrimony, and must henceforth wander offdisinherited, despoiled, forgotten.
"This is a lovely place," said Clarence.
"Yes, and Mathews wanted to kill me for it," said Romeo.
"Why so?" asked Clarence.
"Because he had just sold his place to Mr. Mechlin, intending to locatehere. So when he went to town to sign his conveyance, I put some boardsin a wagon and came here, and in two hours my father and myself had putup my cabin. Then we put up this fence around one acre, and by nightfallwe had placed my boundary stakes. That night I brought my blankets andmy rifle, to sleep in my cabin. Mother sent father to keep me company,and we slept soundly, in splendid style. I wasn't afraid of Mathews.Next morning, at daybreak, we heard the rumbling of a wagon, and soonafter we spied old Mathews sitting on the top of his boards. He camesmack against my fence.
"What the devil is this?" said he, and began to swear a perfect bluestreak. Then he took a hammer from his wagon, and began hammering.
I jumped up, took my rifle and hallooed to him, as if I didn't know him,"Who is there, hammering my fence?"
"Your fence?" said he; "your fence?"
"Yes, sir, mine. I located here yesterday."
"You! you! Get a beard first," said he, and with another streak ofoaths, began hammering again.
I came up nearer, holding my rifle in good position. I said, "Look here,Mr. Mathews, leave my fence alone, or you will get into trouble." Ileveled my rifle at him. "Will you stop? I give you just two minutes."
He stopped.
"You have no right to locate--you are a minor," said he, livid withrage.
"You just inform yourself better, by asking a polite question or two ofmy parents. They will tell you that I am just twenty-one years and twodays old, and I can prove it by our family Bible and certificate ofbaptism. I am a Christian, I am, though you don't seem to be, judging byyour cursing,--and as for my beard, you be patient, and you'll see it,for it is coming as fast as your gray hairs."
"Why didn't you say you wanted this place?" he growled.
"What a question!" I answered. "You ask it because you don't see mybeard, but I feel it pushing ahead with all its might. I didn't tellyou, because we ain't exactly bosom friends, and because that is not thestyle in which we settlers do business. I kept dark, hoping that youwould hold on a while longer, trying to get a bigger price for yourplace from Mr. Mechlin. I watched you, and when you let Saturday pass Iknew this sweet little spot was mine,--for on Saturday I was twenty-one,and you couldn't sign your conveyance to Mr. Mechlin until Monday.To-day is Tuesday, Mr. Mathews, I shall be twenty-one years and threedays old at 11 o'clock A.M. this day, if I live five hours longer."
"I don't believe a word. You ain't twenty-one. 'Tis a lie!"
"No, it ain't," my father said, coming from the cabin.
"Then he is a jumper. He's jumped my claim."
"No, he ain't. Look here, Mathews," said father, dragging his riflealong as if it was a dead cat, "you know well it is yourself who islying when you say that. You had no right to this claim while you heldthe other."
"But I put up my notice that I was going to locate here."
"Now, don't be silly," said father, leaning on his rifle. "It is painfulto my feelings to hear a grey-headed man talk like a child. You mighthave put twenty notices--what of that? The law don't allow any circusperformances like that, and if it did, you ain't a good enough performerto ride two horses at once."
"I think it is a mean performance on your part, too, coming here tosteal a march on me."
"A mean performance, you say? Do you remember how I had my notices upand my stakes on the ground, six years ago, and when I went to town tobring my lumber, you jumped my claim? My boy has just barely returnedthe compliment."
"I'll be even with you yet," said he, climbing into his wagon, andbeginning to whip his horses, and swear at us worse than ever.
"The same to you; the same to you," father would say, as if answeringprayers, and then we both laughed heartily.
"That is not the worst, but that you jumped the claim of hisaffections," said Tom, whereupon all laughed, and Fanny bashfully hungdown her head.
Voices calling them to dinner were now heard, and they returned to thepicnic grounds.
No banquet of the Iliad warriors surpassed this, showing that thesettlers of Alamar had found the Don's land and the laws of Congressvery good.
The elder Mrs. Hancock and Mrs. Pittikin were proud of having given abanquet which no other settler would dare surpass in Alamar.
When the dessert was being served, Clarence said, "We must drink to thebride and groom." All agreed that it should be done.
He arose and made a neat little speech, which was so "_sweetly pretty_,"Mr. P. said, that it brought tears to the eyes of Mrs. Pittikin and Mrs.Hancock, the elder.
This put Clarence's popularity beyond doubt.
"Fill your glasses, for I have something to say to Mr. Clarence Darrell,but we must first drink his health," said Mr. Pittikin.
"Here is to our friends, the Darrell family, but more particularly toMr. Clarence. We respect him, we like him, we are proud of him;"--alldrank--"and I now take the occasion to say to Mr. Darrell, in thepresence of our friends here, that I fulfilled my promise to him, andhave spoken to our friends here, the heads of families, and they willspeak to those who are not present, and we will meet to hear what theDon has to say."
"But we don't promise to accept any proposition, if it don't suit eachone, no matter what anybody votes," said old Hughes.
"That is understood; we want to be polite, that's all," explained Mr.Pittikin.
"And that is all I have requested," Clarence said. "I do not ask any oneto accept any proposition against his will."
"That is fair enough," said old Hancock.
"And little enough, considering we are in possession of land that theDon believes to be his own," said Romeo.
"But it ain't," said old Hager.
"It has been for more than fifty years," Romeo asserted.
"But he lost it by not complying with the law," said Hughes.
"Yes, if he had not neglected his rights, his title would not have beenrejected; he went to sleep for eight years, and his right was outlawed,"said Miller.
"That was the fault of his lawyers, perhaps," Clarence said.
"Of course it was, but he should have watched his lawyers. The troubleis, that you can't teach 'an old dog new tricks.' Those old Spaniardsnever will be business men," said Pittikin, sententiously.
It was finally agreed that Clarence would call on Mr. Mechlin thatevening, to notify him that the settlers would meet the Don on Mondayafter
noon at 2 o'clock on the porch of Gasbang's house.