that the place in
question belonged to the community. As executor of his father's will he
took pains to correct the error. He informed his fellow-citizens that
the Point was private property, and not public; and that while he had no
desire to prevent them from resorting to it, he was determined to insist
upon the recognition of the real ownership. He might as well have talked
to the winds. The community did not bother itself about examining the
question of title. It had been in the habit of using the Point without
asking any one's consent, and the Point it purposed to keep on using in
the same way.
Matters reached a crisis in 1837. The building erected on the spot had
become dilapidated. Workmen were sent out to repair it, without going
through the formality of consulting the owners of the property. A tree
was also cut down, which, on account of certain associations connected
with his father, Cooper valued particularly. This was not the way to win
over to the view of the community the executor of the property. He sent
a card at once to the editor of the Democratic newspaper of the (p. 144)
village, stating that the Point was private property, and cautioning
the public against injuring the trees. Nothing, however, was said about
trespassing. The card came too late for publication that week and before
another number of the paper appeared, rumor of its existence had got
about. Its reported character created ill-feeling, and messages and even
threats were sent to Cooper on the subject. These had the effect which
might have been expected. He withdrew the original card and published in
its stead a simple, ordinary notice of warning against trespassing on
the Point, with a few additional facts. The notice, which is dated July
22, 1837, reads as follows:--
"The public is warned against trespassing on the Three Mile Point, it
being the intention of the subscriber rigidly to enforce the title of
the estate, of which he is the representative, to the same. The public
has not, nor has it ever had, any right to the same beyond what has been
conceded by the liberality of the owners."
The notice was signed by Cooper as the executor of his father's estate.
Great was the excitement in the village when it was published. A
hand-bill was immediately put into circulation calling a meeting of the
citizens, to take into consideration the propriety of defending their
rights against the arrogant claims and assumed authority of "one J.
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