"I suppose it is always what you term an unpopular act, so far as the individuals opposed are concerned, to resist aggression."
"But they call your advertisement aggression, sir."
"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."