CHAPTER XII.--_Why the Appeal was Not Dismissed._

At the time when this moonlit picnic of four took place on the steamer's

deck, as it glided northward over the glassy surface of the immense

Pacific, the people of California had not yet heard about the disclosure

of the famous _Colton suit_. This suit was hidden in the mists of a

distant future, and therefore the famous "_Huntington Letters_" had not

come forth to educate the American mind in the fascinating, meandering,

shady ways of "_convincing_" or of "_bribery and corruption_," as the

newspapers 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 was

reserved for Mr. Huntington to familiarize the American people with the

fact that an American gentleman could go to Washington with the avowed

purpose of influencing legislation by "_convincing_" people with money

or other inducements, and yet no one lose caste, or lose his high social

or public position, but on the contrary, the _convinced and the

convincer_ be treated with the most distinguished consideration. So

after drinking half of his second glass, George said:

"I don't believe the stories about Washington being such a corrupt

place, where people get everything by bribing. That is a shameful

slander. I went there about that dismissal of the Squatters' Appeal, and

was treated like a gentleman, even by the Solicitor General, who was

outrageously unjust to us. After my uncle had sent to the Attorney

General Don Mariano's letter explaining the case and stating how the

transcript had been in Washington two years, I went as Don Mariano's

attorney 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 was

shown in at once. He said:

"'I looked at the case again last evening, and don't see where those

settlers 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 my

predecessor. So I was just telling the Solicitor General, as you

entered, to have it dismissed this morning. I have explained my opinion

to him. He is going now to the Supreme Court and can make the motion and

tell the clerk to enter the dismissal to-day. The United States have no

case against Senor Alamar, his title is perfectly good,' said he,

looking at the Solicitor, who stood by silent and motionless. 'You have

only this one case to attend to this morning, besides the one I want

continued until I return. The others, you understand, I leave you to

manage 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 not

know he was going away.

"'Yes,' he said, 'I am going this evening to Oregon to see my

constituents, but my absence will not affect your case, the Solicitor

General takes my place during my absence, and he has only to say before

the 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 is

finished now?'

"'Such is the supposition,' said he, and we went out together. I had a

great mind to follow him to the Supreme Court and see what he was going

to do, but I thought he might not like being watched. Well, sir, would

you 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 was

entered. He sent word he was engaged,--to call again. I called in the

afternoon, and he had left the office. Next morning I called again, and

he of course was engaged. I went to the clerk of the Supreme Court, and

giving him the number of the case, asked if it had been dismissed. He

said no, that the Solicitor General had been at the Supreme Court every

day, but had entered no dismissal. I telegraphed to Uncle Lawrence to

come, and as soon as he arrived we went to see the President about it. I

laid the whole case before him. I told him how the squatters were

destroying Don Mariano's cattle, and how by a law of the California

legislature, any one could plant grain field without fencing, and take

up cattle that went to those fields, no matter whether there was any

title to the land or whether the field was no larger than one acre.

"'But the law does not open to settlers private property, private

lands?'

"'Yes it does, because land is not considered _private property_ until

the title to it is confirmed and patented. As the proceedings to obtain

a patent might consume years, almost a life time, the result is that the

native Californians (of Spanish descent) who were the land owners when

we took California, are virtually despoiled of their lands and their

cattle and horses. Congress virtually took away their lands by putting

them in litigation. And the California legislature takes away their

cattle, decreeing that settlers need not fence their crops, but put in a

_corral_ the cattle that will surely come to graze in their fields. As

the 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 a

few years the majority of them will have been totally ruined, socially

obliterated. I doubt if a dozen families will escape ruin. There seems

to be a settled purpose with our law-givers to drive the natives to

poverty, and crowd them out of existence. If we don't turn them all into

hardened and most desperate criminals, it will be because they are among

the most incorruptible of the human race. But there is no denying that

our laws are doing all that can be done to drive them into squalid

hovels, and thence into the penitentiaries or the poor houses.'

"'This is certainly very sad,' said the President, with genuine

sympathy, adding after a short pause:

"'Wait for me here. I'll run across the street to the Attorney General's

office, and I'll ask the Solicitor what it all means in this Alamar

case,' 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 the

President, and only because he wishes to do a kindness.'

"'I wish he had sent for the proud Solicitor to come here. This visit of

the President will make him more over-bearing,' said I. 'I am disgusted

at his most arbitrary conduct.' 'Wait,' said my uncle, 'let us hear

first what he has to say to the President.'"

In a short time the President returned. He said: 'Well, gentlemen, I

cannot make out why the Solicitor did not dismiss the case, as he was

ordered. He says he found that the Attorney General had not looked into

the record carefully, and so he did not think the case should be

dismissed.'

"'But how could he have found out that the Attorney General had not

looked into the case carefully only by riding from the office to the

Supreme Court? He must have _disobeyed the instructions of the Attorney

General first_, and then to justify his disobedience, trumps up the

pretext that the case had not been examined,' said uncle.

"'The Attorney General did not tell him to look into the case and give

his opinion. He was told that the case _had been examined_; that the

pleadings and allegations were trivial; that the United States had _no

case_, and the matter should be dismissed,' I said.

"'It is clear, that without authority he took upon himself to review and

reverse the decision of the Attorney General,' said my uncle.

"'I don't understand his motive or object,' the President said. 'But I

told him I presumed he could state his opinion in writing, and he said

he would. Perhaps he will give a better reason for his action than he

did verbally.'

"'No, sir,' uncle said, 'he will give no better reason, as he has none

to give. He has some spite against the Attorney General, and is laying

in wait to catch something to hurt him. Fortunately, he can't use this

case for any such purpose, for it is a very clear one, and the hands of

the 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 from

Oregon. I know it is a hardship for the rightful owner of the land to

wait so long, but the question is, would it not be longer if the

Solicitor finds other reasons to take this case into his own hands. Now

he has promised me to let the matter rest until the Attorney General

comes 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 will

be satisfied with a 'mare's nest,' if he can only entangle the Attorney

General in it. But this is a very paltry and picayunish business for a

Solicitor General, Mr. President, and it is silly, too, because he has

shown his hand to little purpose. He has plainly demonstrated how

anxious he is to find something against the Attorney General, but that

something he hasn't got yet.'

"The President laughed, and said: 'You mustn't be so hard on the

Solicitor.'

"It was decided that my uncle would return to New York by the four

o'clock train that afternoon, and I would remain to receive the opinion

in 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 I

was going to dinner at six o'clock, a messenger handed me a closed

official envelope which felt quite heavy. But that was all the weight

the thing possessed, for it was the lightest, most vapory composition

that a grown-up man, long past boyhood, could evolve from a mature

brain.

"It made me angry to read it. 'The man is evidently not a fool, but

thinks we are,' I said to myself, and made up my mind I would go next

morning and tell him to his face what I thought of his conduct and his

document.

"Promptly at ten o'clock next morning I presented myself at the Attorney

General's office, and was immediately ushered before the august presence

of the great Solicitor, the mighty hunter of 'mare's nests.' He

evidently thought I had come to thank him for his vapory effusion, for

he received me quite smilingly, and without a trace of that hauteur

which he had at first meant should be so crushing.

"Taking the chair he so graciously offered me, I said: 'Sir, without

meaning any disrespect to the Solicitor General of the United States, I

would like to inquire what is the meaning of the document I had the

honor 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. Will

you permit me to make a few enquiries?'

"'Certainly.'

"'You remember I was present when the Attorney General told you that he

had examined the transcript carefully, and not finding that the

government 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 you

to 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 of

dismissal that same morning. Had you obeyed the Attorney General's

order, you could not have had time to review his opinion, and find that

it was incorrect. Has the Solicitor General the right, and is it

incumbent upon him, to correct the Attorney General's acts and

opinions?"

"'You evidently do not understand our relative positions, and I have not

the 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 the

Solicitor?'

"'The Attorney General.'

"'Then he was your chief--your superior--when he gave the order to make

the dismissal?'

"'But I was not his clerk. You do not know how far it was discretionary

with me to execute the order that day or not.'

"'Ah, I see. The chief might issue an order, but the subaltern might

only 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 confused

things in my mind. The matter then is to rest as it now is until the

Attorney 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 the

contemptible impertinence of his conduct. That is all the satisfaction I

could 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 the

survey 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 year

all the cattle will have been killed."

"And the squatters will be more murderous, when they learn that their

appeal 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 my

father to take a correct view of the matter. But he might not, for as he

has had so much trouble sustaining the rights of squatters, he has got

to feel as if he were the champion of a misunderstood cause and much

maligned people," Clarence said, smiling sadly.

"No doubt, if Mr. Darrell is to be unfriendly, papa will have much more

trouble to manage the others," Elvira said.

"How singular that a man as bright and honorable as he is, can find any

reason to justify '_squatterism_,'" said George.

"I think he began by being persuaded to take a claim in the Suscol

rancho, honestly thinking it was government land. Afterwards the grant

was confirmed, I think, but then he already felt compelled to maintain

his position to justify his action, and so he began by a mistake which

his pride will not let him acknowledge. I was a little child then, but I

know he has had a great deal of trouble. For the last ten years we have

been leasing land, but he had been wishing to have a farm of his own, so

as not to be putting his labor and time and money to improve some one

else's land. Thus he was induced to come south on the representations

that there was plenty of vacant government land, and that the Texas

Pacific railroad would soon be built and southern California be

prosperous," said Clarence, anxious to extenuate his father's errors.

"I shall telegraph to Don Mariano when the appeal is dismissed, so you

can prepare the ground the best way you can," said George. "And now

young ladies it is near midnight, and is time for well regulated

children to be asleep."

"The moon is so lovely I could sit here for hours, watching its flashes

on the water," said Mercedes.

"So could I," Clarence exclaimed.

"But I could not allow it, and let you both run the risk of being

considered moon struck," said George, laughing.

The Squatter and the Don A Novel Descriptive of Contemporary Occurrences in California · 第 12 / 37 章