ey_ say, _they_ own the Point, Mr. Effingham."
"And _I_ say, they do _not_ own the Point, Mr. Bragg; never _did_ own
it; and, with my consent, never _shall_ own it."
"This is purely a matter of fact," observed John Effingham, "and I
confess I am curious to know how or whence this potent public derives
its title. You are lawyer enough, Mr. Bragg, to know that the public
can hold property only by use, or by especial statute. Now, under
which title does this claim present itself."
"First, by use, sir, and then by especial gift."
"The use, you are aware, must be adverse, or as opposed to the title
of the other claimants. Now, I am a living witness that my late uncle
_permitted_ the public to use this Point, and that the public
accepted the conditions. Its use, therefore, has not been adverse,
or, at least, not for a time sufficient to make title. Every hour
that my cousin has _permitted_ the public to enjoy his property, adds
to his right, as well as to the obligation conferred on that public,
and increases the duty of the latter to cease intruding, whenever he
desires it. If there is an especial gift, as I understand you to say,
from my late uncle, there must also be a law to enable the public to
hold, or a trustee; which is the fact?"
"I admit, Mr. John Effingham, that I have seen neither deed nor law,
and I doubt if the latter exist. Still the public _must_ have some
claim, for it is impossible that every body should be mistaken."
"Nothing is easier, nor any thing more common, than for whole
communities to be mistaken, and more particularly when they commence
with excitement."
While his cousin was speaking, Mr. Effingham went to a secretary, and
taking out a large bundle of papers, he laid it down on the table,
unfolding several parchment deeds, to which massive seals, bearing
the arms of the late colony, as well as those of England, were
pendent.
"Here are my titles, sir," he said, addressing Aristabulus pointedly;
"if the public has a better, let it be produced, and I shall at once
submit to its claim."
"No one doubts that the King, through his authorized agent, the
Governor of the colony of New-York, granted this estate to your
predecessor, Mr. Effingham; or that it descended legally to your
immediate parent; but all contend that your parent gave this spot to
the public, as a spot of public resort."
"I am glad that the question is narrowed down within limits that are
so easily examined. What evi
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