The conversation which Johnny Filgee had overheard between Uncle Ben and the gorgeous stranger, although unintelligible to his infant mind, was fraught with some significance to the ***** settlers of Indian Spring. The town itself, like most interior settlements, was originally a mining encampment, and as such its founders and settlers derived their possession of the soil under the mining laws that took precedence of all other titles. But although that title was held to be good even after the abandonment of their original occupation, and the establishment of shops, offices, and dwellings on the site of the deserted places, the suburbs of the town and outlying districts were more precariously held by squatters, under the presumption of their being public land open to preemption, or the settlement of school-land warrants upon them. Few of the squatters had taken the trouble to perfect even these easy titles, merely holding "possession" for agricultural or domiciliary purposes, and subject only to the invasion of "jumpers," a class of adventurers who, in the abeyance of recognized legal title, "jumped" or forcibly seized such portions of a squatter's domains as were not protected by fencing or superior force. It was therefore with some excitement that Indian Spring received the news that a Mexican grant of three square leagues, which covered the whole district, had been lately confirmed by the Government, and that action would be taken to recover possession. It was understood that it would not affect the adverse possessions held by the town under the mining laws, but it would compel the adjacent squatters like McKinstry, Davis, Masters, and Filgee, and jumpers like the Harrisons, to buy the legal title, or defend a slow but losing lawsuit. The holders of the grant--rich capitalists of San Francisco--were open to compromise to those in actual possession, and in the benefits of this compromise the unscrupulous "jumper," who had neither sown nor reaped, but simply dispossessed the squatter who had done both, shared equally with him.
A diversity of opinion as to the effect of the new claim naturally obtained; the older settlers still clung to their experiences of an easy aboriginal holding of the soil, and were sceptical both as to the validity and justice of these revived alien grants; but the newer arrivals hailed this certain tenure of legal titles as a guarantee to capital and an incentive to improvement. There was also a growing and influential party of Eastern and Northern men, who were not sorry to see a fruitful source of dissension and bloodshed removed. The feuds of the McKinstrys and Harrisons, kept alive over a boundary to which neither had any legal claim, would seem to bring them hereafter within the statute law regarding ordinary assaults without any ethical mystification. On the other hand McKinstry and Harrison would each be able to arrange any compromise with the new title holders for the lands they possessed, or make over that "actual possession" for a consideration. It was feared that both men, being naturally lawless, would unite to render any legal eviction a long and dangerous process, and that they would either be left undisturbed till the last, or would force a profitable concession. But a greater excitement followed when it was known that a section of the land had already been sold by the owners of the grant, that this section exactly covered the debatable land of the McKinstry-Harrison boundaries, and that the new landlord would at once attempt its legal possession. The inspiration of genius that had thus effected a division of the Harrison-McKinstry combination at its one weak spot excited even the admiration of the sceptics. No one in Indian Spring knew its real author, for the suit was ostensibly laid in the name of a San Francisco banker. But the intelligent reader of Johnny Filgee's late experience during the celebration will have already recognized Uncle Ben as the man, and it becomes a part of this veracious chronicle at this moment to allow him to explain, not only his intentions, but the means by which he carried them out, in his own words.
It was one afternoon at the end of his usual solitary lesson, and the master and Uncle Ben were awaiting the arrival of Rupert.
Uncle Ben's educational progress lately, through dint of slow tenacity, had somewhat improved, and he had just completed from certain forms and examples in a book before him a "Letter to a Consignee" informing him that he, Uncle Ben, had just shipped "2 cwt. Ivory Elephant Tusks, 80 peculs of rice and 400bbls. prime mess pork from Indian Spring;" and another beginning "Honored Madam," and conveying in admirably artificial phraseology the "lamented decease" of the lady's husband from yellow fever, contracted on the Gold Coast, and Uncle Ben was surveying his work with critical satisfaction when the master, somewhat impatiently, consulted his watch. Uncle Ben looked up.
"I oughter told ye that Rupe didn't kalkilate to come to day."
"Indeed--why not?"
"I reckon because I told him he needn't. I allowed to--to hev a little private talk with ye, Mr. Ford, if ye didn't mind."
Mr. Ford's face did not shine with invitation. "Very well," he said, "only remember I have an engagement this afternoon."
"But that ain't until about sundown, said Uncle Ben quietly. "I won't keep ye ez long ez that."
Mr. Ford glanced quickly at Uncle Ben with a rising color. "What do you know of my engagements?" he said sharply.
"Nothin', Mr. Ford," returned Uncle Ben simply; "but hevin' bin layin' round, lookin' for ye here and at the hotel for four or five days allus about that time and not findin' you, I rather kalkilated you might hev suthin' reg'lar on hand."
