CHAPTER V.--_The Don in his Broad Acres._

"The one great principle of English law,"--Charles Dickens says, "is to

make business for itself. There is no other principle distinctly,

certainly and consistently maintained through all its narrow turnings.

Viewed by this light, it becomes a coherent scheme, and not the

monstrous maze the laity are apt to think it. Let them but once clearly

perceive that its grand principle is to make business for itself at

their expense, and surely they will cease to grumble."

The one great principle of American law is very much the same; our

law-givers keep giving us laws and then enacting others to explain them.

The lawyers find plenty of occupation, but what becomes of the laity?

"No. 189. _An Act to ascertain and settle the private land claims in the

State of California_," says the book.

And by a sad subversion of purposes, all the private land titles became

_unsettled_. It ought to have been said, "An Act to _unsettle_ land

titles, and to upset the rights of the Spanish population of the State

of California."

It thus became not only necessary for the Spanish people to present

their titles for revision, and litigate to maintain them (in case of any

one contesting their validity, should the least irregularity be

discovered, and others covet their possession), but to maintain them

against the government before several tribunals; for the government,

besides making its own laws, _appeals to itself_ as against the

land-owners, after their titles might have been _approved_. But this

benign Act says (in "Sec. 11"), "That the Commissioners, the District

and Supreme Courts, in deciding on the validity of any claim, shall be

governed by the treaty of Guadalupe Hidalgo; the law of nations; the

laws, usages, and customs of the government _from which the claim is

derived_; the principles of equity, and the decisions of the Supreme

Court of the United States, etc., etc."

Thus the government washes its hands clean, liberally providing plenty

of tribunals, plenty of crooked turnings through which to scourge the

wretched land-owners.

Don Mariano had been for some years under the lash of the maternal

government, whom he had found a cruel stepmother, indeed.

As it was arranged with Clarence, the meeting would take place that day

on the broad piazza of John Gasbang's house, this being the most central

point in the rancho.

The heads of families all came--the male heads, be it understood--as the

squatters did not make any pretence to regard female opinion, with any

more respect than other men.

All the benches and chairs that the house contained, with the exception

of Mrs. Gasbang's sewing rocker, had been brought to the porch, which

was quite roomy and airy.

At ten minutes before two, all the settlers were there, that is to say,

all the old men, with their elder sons.

Clarence, Romeo, Tom and Jack, sat together in a corner, conversing in

low tones, while Gasbang was entertaining his guests with some broad

anecdotes, which brought forth peals of laughter.

At five minutes to two, Senor Alamar, accompanied by Mr. Mechlin,

arrived in a buggy; his two sons followed on horseback.

Clarence had time to look at them leisurely, while they dismounted, and

tied their horses to a hitching post.

"They are gentlemen, no doubt," observed Clarence.

"You bet they are," Romeo coincided. Evidently he admired and liked

them.

"How much the boys look like the old man," Tom said.

"They look like Englishmen," was Clarence's next observation.

"Yes, particularly Victoriano; he is so light he looks more like a

German, I think," said Romeo.

"I think Gabriel is very handsome," Tom said, "only of late he seems

always so sad or thoughtful."

"That won't do for a man who is to marry soon," said Romeo. "I think he

has always been rather reserved. He has only a cold salutation to give,

while Victoriano will be laughing and talking to everybody. But,

perhaps, you are right, and he is changed. I think he is less reconciled

than the others, to have us, settlers, helping ourselves to what they

consider their land. He certainly was far more talkative four or five

years ago. I used to work with them in ploughing and harvesting time,

and both boys, and the Don, were always very kind to me, and I can't

help liking them."

"The ladies, though, ain't so affable. They are very proud," said Tom;

"they walk like queens."

"They didn't seem proud to me, but I never spoke to them," said Romeo.

Gasbang went forward to meet his guests, and all came into the porch.

"Good afternoon, gentlemen," said Don Mariano to the settlers, lifting

his hat and bowing. His sons and Mr. Mechlin did the same. Clarence

arose, and so did the other young men with him, returning their

salutation. The elder Darrell, Pittikin and Hughes followed this

example; the other settlers nodded only, and remained sitting with their

hats on, looking with affected indifference at the trees beyond.

"I thank you for your courtesy in complying with my request to have this

meeting," he said. Some nodded, others grinned and winked, others smiled

silently.

"Take this chair, Senor, and you, Mr. Mechlin, take this one. They are

the best in my establishment," said Gasbang. "The young gentlemen will

find seats somewhere on the benches."

Clarence came forward and offered three chairs. Mr. Mechlin took his arm

and presented him to the Alamars.

"I take pleasure in making your acquaintance, and I hope to have the

opportunity to thank you for your kind co-operation more appropriately

afterward," said Don Mariano. His sons shook hands with Clarence

cordially, and accepted the proffered chairs.

Don Mariano excused himself for not speaking English more fluently.

"If you don't understand me I will repeat my words until I make my

meaning clear, but I hope you will ask me to repeat them; or, perhaps,

some one of these young gentlemen will do me the kindness to be my

interpreter," said he.

"Romeo talks Spanish; he can interpret for you," said Victoriano.

"You talk English better," Romeo proudly replied, thinking he could tell

his wife that the Don had asked him to be his interpreter.

"Perhaps Mr. Clarence Darrell would do me the favor," said Don Mariano.

"You speak very good English, senor. We understand you perfectly. You do

not require an interpreter," Clarence said.

"That is so; you speak very well," said Mr. Mechlin.

Gasbang and Pittikin added: "Certainly, we understand him very well."

"Of course we do," said Darrell and others.

"You are very kind," said the Don, smiling, "and I will try to be brief,

and not detain you long."

"We have all the afternoon," said Hughes.

"That's so, we ain't in a hurry," said several.

"Only let us out in time to bring the milch cows home, before night

comes on," said old Miller, dryly.

"Exactly, we want to look after our cows, too," said the Don, laughing.

All saw the fine irony of the rejoinder, and laughed heartily. Miller

scratched his ear, as if he had felt the retort there, knowing well,

that with the exception of Mathews and Gasbang, he had killed and

"_corraled_" more of the Don's cattle than any other settler.

"Speaking about cows, brings us at once to the object of this

meeting,"--Don Mariano, still smiling, went on, saying: "You know that I

have lost many, and that it is natural I should wish to save those I

have left. To do this, and yet not ask that you give up your claims, I

have one or two propositions to make to you. The reason why you have

taken up land here is because you want homes. You want to make money.

Isn't that the reason? Money! money!"

"That's it, exactly," said many voices, and all laughed.

"Well, I can show you how you may keep your homes and make more money

than you can by your present methods, while at the same time, I also

save my cattle. That little point, you know, I must keep in view."

All laughed again.

"To fence your fields, you have said, is too expensive, particularly as

the rainy seasons are too uncertain to base upon them any calculations

for getting crops to pay for fencing. I believe this is what most of you

say; is it not?"

"We could have raised better crops if your cattle hadn't damaged them,"

said Mathews.

"I beg to differ; but supposing that you are right, do you think you

could be sure of good crops if you killed all my stock, or if I took

them all away to the mountains? No, most assuredly. The rainy season

would still be irregular and unreliable, I think. Yes, I may say, I feel

sure, it is a mistake to try to make San Diego County a grain-producing

county. It is not so, and I feel certain it never will be, to any great

extent. This county is, and has been, and will be always, a good grazing

county--one of the best counties for cattle-raising on this coast, and

the very best for fruit-raising on the face of the earth. God intended

it should be. Why, then, not devote your time, your labor and your money

to raising vineyards, fruits and cattle, instead of trusting to the

uncertain rains to give you grain crops?"

"It takes a long time to get fruit trees to bearing. What are we to do

for a living in the meantime?" asked Miller.

"Begin raising cattle--that will support you," the Don replied.

"Where is the capital to buy cattle with?" Gasbang asked.

"You don't require any more capital than you already have. I can let

each of you have a number of cows to begin with, and give you four or

five years' time to pay me. So you see, it will be with the increase of

these cattle you will pay, for I shall charge you no interest."

"What do you expect us to do in return? To give back to you our

homesteads?" asked Hughes.

"No, sir; I have said, and repeat again, you will retain your

homesteads."

"And will you stop contesting our claims?" asked Mathews.

"I will, and will give each one a quit-claim deed."

"You will not fight our claims, but you don't want us to plant grain on

our land," said Gasbang.

"You can plant grain, if you like, but to do so you must fence your

land; so, as you all say, that fencing is expensive, I suggest your

fencing orchards and vineyards only, but not grain fields--I mean large

fields."

"Pshaw! I knew there was to be something behind all that display of

generosity," muttered Mathews.

Don Mariano reddened with a thrill of annoyance, but quietly answered:

"You are too good business men to suppose that I should not reserve some

slight advantage for myself, when I am willing you should have many more

yourselves. All I want to do is to save the few cattle I have left. I am

willing to quit-claim to you the land you have taken, and give you

cattle to begin the stock business, and all I ask you in return is to

put a fence around whatever land you wish to cultivate, so that my

cattle cannot go in there. So I say, plant vineyards, plant olives,

figs, oranges; makes wines and oil and raisins; export olives and dried

and canned fruits. I had some very fine California canned fruit sent to

me from San Francisco. Why could we not can fruits as well, or better?

Our olives are splendid--the same our figs, oranges, apricots, and truly

all semi-tropical fruits are of a superior quality. When this fact

becomes generally known, I feel very sure that San Diego County will be

selected for fruit and grape-growing. In two years grape vines begin to

bear; the same with figs, peaches and other fruits. At three years old

they bear quite well, and all without irrigation. So you would not have

to wait so very long to begin getting a return from your labor and

capital. Moreover, an orchard of forty acres or vineyard of twenty will

pay better after three years' growth than one hundred and sixty acres of

wheat or barley in good seasons, and more than three hundred acres of

any grain in moderately good seasons, or one thousand acres in bad

seasons. You can easily fence twenty or forty or sixty acres for a

vineyard or orchard, but not so easily fence a field of one hundred and

sixty, and the grain crop would be uncertain, depending on the rains,

but not so the trees, for you can irrigate them, and after the trees are

rooted that is not required."

"Where is the water to irrigate?" asked Miller.

"The water is in the sea now, for there we let it go every year; but if

we were sensible, judicious men, we would not let it go to waste--we

would save it. This rancho has many deep ravines which bring water from

hills and sierras. These ravines all open into the valleys, and run like

so many little rivers in the rainy season. By converting these ravines

into reservoirs we could have more water than would be needed for

irrigating the fruit trees on the foothills. In the low valleys no

irrigation would be needed. If we all join forces to put up dams across

the most convenient of these ravines, we will have splendid reservoirs.

I will defray half the expense if you will get together and stand the

other half. Believe me, it will be a great God-send to have a thriving,

fruit-growing business in our county. To have the cultivated land well

fenced, and the remainder left out for grazing. Then there would not be

so many thousands upon thousands of useless acres as now have to be. For

every ten acres of cultivated land (not fenced) there are ten thousand,

yes, twenty thousand, entirely idle, useless. Why? Because those ten

acres of growing grain must be protected, and the cattle which don't

know the '_no fence_' law, follow their inclination to go and eat the

green grass. Then they are '_corralled_' or killed. Is it not a pity to

kill the poor dumb brutes, because we can't make them understand the

law, and see the wisdom of our Sacramento legislators who enacted it?

And is it not a pity to impoverish our county by making the bulk of its

land useless? The foolishness of letting all of the rainfall go to

waste, is an old time folly with us. Still, in old times, we had, at

least, the good excuse that we raised all the fruits we needed for our

use, and there was no market for any more. But we were not then, as now,

guilty of the folly of making the land useless. We raised cattle and

sold hides and tallow every year, and made money. When gold was

discovered, we drove our stock north, got a good price for it, and made

money. But now no money will be made by anybody out of cattle, if they

are to be destroyed, and no money made out of land, for the grazing will

be useless, when there will be no stock left to eat it. Thus, the county

will have no cattle, and the crops be always uncertain. Believe me, in

years to come, you will see that the county was impoverished by the 'no

fence law,' unless we try to save our county, in spite of foolish

legislation. If our wise legislators could enact a law obliging rain to

come, so that we could have better chances to raise grain, then there

would be some show of excuse for the '_no fence law_,' _perhaps_. I say

*PERHAPS*, because, in my humble opinion, we ought to prefer cattle

raising and fruit growing for our county. We should make these our

specialty."

"I think it would be much more foolish to trust to a few cows to make

out a living while trees grow," said Miller, "than to the seasons to

give us grain crops."

"No, sir; because cattle are sure to increase, if they are not killed,

and you could make cheese and butter, and sell your steers every year,

while trees grow. You have been seven years a settler on this rancho. In

these seven years you have raised two good crops; three poor, or only

middling, and two, no crops at all."

"Yes, because your cattle destroyed them," said Mathews.

"No, sir; my cattle were not all over California; but the bad seasons

were, and only in few places, moderately good crops were harvested; in

the southern counties none at all. We had rains enough to get

sufficiently good grazing, but not to raise grain."

"I think you are right about the uncertainty of our seasons, and I think

a good dairy always pays well, also a good orchard and vineyard," said

Darrell. "But the question is, whether we can adopt some feasible plan

to put your idea into practice."

"Yes, how many cows will you let us have?" asked Hager.

"I will divide with you. Next week I shall have my '_rodeo_.' We can see

then the number of cattle I have left. We shall count them. I shall take

half, the other half you divide pro rata; each head of a family taking a

proportionate number of cattle."

"That is fair," Darrell said.

"I don't want any cattle. I ain't no '_vaquero_' to go '_busquering_'

around and _lassooing_ cattle. I'll lasso myself; what do I know about

whirling a _lariat_?" said Mathews.

"Then, don't take cattle. You can raise fruit trees and vineyards," said

Darrell.

"Yes, and starve meantime," Mathews replied.

"You will not have to be a vaquero. I don't go '_busquering_' around

_lassooing_, unless I wish to do so," said the Don. "You can hire an

Indian boy to do that part. They know how to handle _la reata_ and

_echar el lazo_ to perfection. You will not starve, either, for if you

wish, you can make butter and cheese enough to help to pay expenses. I

think this State ought to make and export as good cheese as it now

imports, and some day people will see it, and do it, too. Thus, with the

produce of your dairies, at first, and afterward with your fruits, you

will do far better than with grain crops, and not work as hard. Let the

northern counties raise grain, while we raise fruits and make wine,

butter and cheese. You must not forget, either, that every year you can

sell a number of cattle, besides keeping as many milch cows as you

need."

"Where can we sell our cattle?" asked Hancock.

"Cattle-buyers will come to buy from you. But if you prefer it, you can

drive your stock north yourselves, and make a good profit. Since 1850, I

have sent nine times droves of cattle to the northern counties, and made

a handsome profit every time. The first time we took stock north, was in

'50; I took nearly six thousand head--three thousand were mine--and the

others belonged to my brothers. We lost very few, and sold at a good

price--all the way from eighteen to twenty-five dollars per head. About

five hundred of mine I sold as high as thirty dollars per head. I made

sixty thousand dollars by this operation. Then out of the next lot I

made twenty-seven thousand dollars. Then I made twenty-two thousand, and

so on, until my tame cows began to disappear, as you all know. In four

years after my cows began to get shot, my cattle decreased more than

half. Now I don't think I have many more than three thousand head. So

you cannot blame me for wishing to save these few. But believe me, the

plan I propose will be as beneficial to you as to me, and also to the

entire county, for as soon as it is shown that we can make a success of

the industries I propose, others will follow our example."

"If you have only three thousand head, you can't spare many to us, and

it will hardly be worth while to stop planting crops to get a few cows,"

said Gasbang.

"I think I will be able to spare five or six hundred cows. I don't know

how many I have left."

"We will buy from somebody else, if we want more," said Darrell. "We

won't want many to begin with; it will be something of an experiment for

some of us."

"For all of us here. Perhaps you understand _vaquering_; we don't," said

Hancock; all laughed.

"Then fence your claim and plant grain," Darrell retorted.

"I am not so big a fool as to spend money in fences. The '_no fence_'

law is better than all the best fences," Mathews said.

"But what if you make more money by following other laws that are more

just, more rational?" said the Don.

"The 'no fence' law is rational enough for me," said Miller.

"And so say I," said Mathews.

"And I," said Gasbang.

Hughes nodded approvingly, but he was too much of a hypocrite to commit

himself in words.

"We did not come to discuss the 'no fence' law, but only to propose

something that will put more money in your pockets than killing dumb

beasts," said Mr. Mechlin.

"Then propose something practicable," said Mathews.

"I think what has been proposed is practicable enough," Darrell said.

"Certainly it is," Mr. Mechlin added.

"I don't see it," said Mathews.

"Nor I, either," added Gasbang.

"Nor I, neither," said Hughes.

"Well, gentlemen," said Don Mariano, rising, "I shall leave you now; you

know my views, and you perhaps prefer to discuss them, and discuss your

own among yourselves, and not in my presence. Take your time, and when

you come to a final decision let me know. Perhaps I can advance the

money to those of you who do not have it ready to purchase fencing

lumber. I shall charge no interest, and give you plenty of time to pay."

"I will do that, Senor Alamar," Clarence said; "if the settlers agree to

fence their lands, I will advance the money to them to put up their

fences."

"Yes, and if our crops fail, we will be in debt to the ears, with a

chain around our necks," Mathews growled.

"I thought you said that if it were not for my cattle, your crops would

not have failed," said Don Mariano, smiling.

"I said so, and it is so. But you see, that was before we had the '_no

fence_' law," answered he, grinning.

Don Mariano shook hands with Clarence, whom he invited to call at his

house--this invitation Clarence accepted with warm thanks--and followed

by his sons and his friend Mr. Mechlin, Don Mariano took his leave,

bowing to the settlers, who nodded and grinned in return.

"I suppose you, too, think the '_no fence_' law iniquitous, as you

appear to favor the aristocracy," said Gasbang to Clarence.

"It is worse than that, it is stupid. Now it kills the cattle,

afterwards it will kill the county," Clarence answered.

"Shall we plant no wheat, because the Spaniards want to raise cattle?"

Mathews asked.

"Plant wheat, if you can do so without killing cattle. But do not

destroy the larger industry with the smaller. If, as the Don very

properly says, this is a grazing county, no legislation can change it.

So it would be wiser to make laws to suit the county, and not expect

that the county will change its character to suit absurd laws," Clarence

replied.

The Squatter and the Don A Novel Descriptive of Contemporary Occurrences in California · 第 5 / 37 章