"In that simple fact exist all the merits of the question. If I own this property, the public, or that portion of it which is connected with this affair, are aggressors; and so much more in the wrong that they are many against one; if _they_ own the property, I am not only wrong, but very indiscreet." The calmness with which Mr. Effingham spoke had an effect on Aristabulus, and, for a moment, he was staggered. It was only for a moment, however, as the pains and penalties of unpopularity presented themselves afresh to an imagination that had been so long accustomed to study the popular caprice, that it had got to deem the public favour the one great good of life. "But _they_ 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."