The Squatter and the Don

The narrator notes that “squatter” William Darrell and Don Mariano Alamar, who live in San Diego County, differ on their views regarding what lands Darrell is “justified” to “take up.” Darrell “honestly” seeks to only take land that belongs to the US Government (therefore not technically making him a “squatter”). This causes Don Mariano to discuss the arrival of “that terrible and most dangerous squatter William Darrell” with his wife, Doña Josefa (15). They contend that Darrell’s information about available land is suspect, as it comes from “low” men, John Gasbang (a former hired man of Darnell and current squatter on the Alamar rancho) and Mathews (a squatter on the Alamar rancho and friend of Gasbang). They cannot do anything to protect their land until they hear from the attorney general regarding the legality of their ownership.

Don Mariano is reluctant to ask his future son-in-law, George Mechlin, who will soon marry Mariano’s daughter, Elvira, to help with this appeal to the attorney general, despite George’s connections in Washington. George insists he can help, which Mariano recognizes as useful; without the squatters’ appeal being dismissed or remanded for a new trial, Mariano cannot stop the squatters from killing his cattle en masse. When George protests the unfairness of this, Mariano outlines how the American laws blatantly privilege the American settlers over the Spanish people whose land grants came from Mexico before the land became US-owned (per the Treaty of Guadalupe Hidalgo in 1848, more than two decades before the narrative present in 1872).

Mariano says that Mexico is not to blame for this injustice, despite his initial thoughts when reading the treaty. Instead, he frames US Congress as guilty of passing retroactive laws to deny “Spano-Americans,” the descendants of the Spanish colonizers of California, the equal rights the treaty was meant to afford them. George expresses shame that the US government would so poorly mistreat Spano-Americans; Mariano contends that most American people don’t recognize the depth of this injustice.

The Alamar and Mechlin families dance together, including James Mechlin, George’s father, who came to California four years prior in extremely poor health. The climate in San Diego improved his health, and the Mechlins made California their permanent home. Their daughter, Lizzie, is engaged to Gabriel Alamar, the eldest Alamar son. George still lives in New York despite preferring California. When George returns East, he approaches the attorney general about the Alamar case, but it is delayed another year.

As he plans to board the ship for San Diego, Darrell thinks of his dislike for his new potential neighbors, including Gasbang and Mathews, with whom he must share a room on the steamer. He dislikes leaving Mary, from whom he has not been apart for longer than two days since they married. This separation will likely last several months.

When they arrive in San Diego, Gasbang and Mathews brag about the climate and potential of the city, which they anticipate will grow when it is accessible by railroad, something soon promised. When a gunshot fires (revealed to be a blank, designed to startle, not injure), Gasbang, Mathews, and another squatter named Hughes joke about “taming” the Spanish Californians; though Darrell personally dislikes the Spanish inhabitants, he disapproves of this senseless violence. The settlers explain that only James Mechlin has taken on the expense of putting up fencing to protect Mariano’s cattle, whom the settlers argue must be killed to preserve their crops; they call Mechlin an “old hypocrite.” Only a man named Romeo Hancock argues that Mechlin’s decision to fence his land was logical, rather than due to misplaced national loyalty.

Darrell passes Don Mariano’s house on his way to the 320 acres he claims for himself and his eldest son, Clarence. The group continually asserts that they intend to measure and survey the land “according to law” (25), though the narrative notes that this process means taking land “from its legitimate owner” (25).

The Alamars watch as Darrell cordons off part of their land. Gabriel and Mariano note that they, as the legal landowners, will be forced to pay the taxes on the land that the preemptors occupy. This is why settlers seek to extend court battles—while they do not own the land, they can use it without paying any taxes. When Victoriano Alamar, Mariano’s younger son, wishes his family were squatters, Mariano cautions against this, noting that the unjust law sometimes “‘recoils upon them more cruelly’” (26).

Darrell writes for Clarence to join him in San Diego as soon as crop planting in Alameda permits him to travel. Mrs. Darrell, unconvinced that the land is vacant, urges Clarence to go to San Diego and pay the owner. If the owner won’t sell, Clarence is to contact his mother immediately. Clarence and Mrs. Darrell agree that it is unjust to seize any land that was owned via a Mexican grant and lament their inability to convince Darrell of this.

Darrell begins building a small house on his selected land. After several weeks, Mariano, Gabriel, and Victoriano approach him. Mariano informs Darrell that his rejected land claim was a mistake and that Mariano’s ownership is under appeal. Darrell promises that if the courts decide in Mariano’s favor, he will either purchase the land from Mariano or leave if Mariano is unwilling to sell. Mathews, Hughes, Gasbang, and two settlers named Miller and Pittikin are disappointed that Darrell did not “fight” Mariano. They view paying Mariano for the land as siding against the “squatters.”

The narrator discusses how a California law passed in February 1872 allows “every owner or occupant of land, whether it is enclosed or not” to “take up cattle” found in that land (29). This makes thousands of acres of grazing inaccessible to ranchers if merely one acre of grain is planted, as the cattle will be drawn to the unfenced grain field. Considering this law, which is “ruinous” to ranchers like Mariano, Mariano plans to convene with local settlers to find a solution that is fair to all. Mr. Mechlin offers to help, though he loses confidence in the idea when he finds Gasbang “meaner and lower” than he anticipated (30). He advises Mariano to speak with Darrell and the recently arrived Clarence instead.

Darrell and Clarence meet with the settlers and argue that meeting with Mariano cannot be a “trap” as he has no authority to make them do anything they don’t wish to do. Clarence dislikes the other settlers, whom he finds “vulgar” and insufficiently hardworking. While seeking Pittikin and Hughes to plan the meeting with Mariano, Clarence, and Darrell are waylaid into attending Pittikin’s daughter’s wedding to Romeo Hancock.

Romeo notes that Mathews once aimed to kill Romeo for the land, which Mathews wished to settle after selling his first claim to Mechlin. Mathews accused Romeo of “jump[ing his] claim” (34); Romeo counters that he did not, even though Mathews did jump Romeo’s father’s claim six years prior. The settlers agree to meet with Mariano soon after.

The narrator argues that “the one great principle of American law” is that “lawmakers keep giving [laws] and then enacting others to explain them” and criticizes that an act listed as designed to “settle” land ownership actually “unsettled” ownership of Spanish-owned land (36). The settlers and Mariano meet. The sons of the settlers, including Clarence and Romeo, observe with surprise that the Alamar men look like “gentlemen,” commenting on their light skin tone.

Mariano proposes that the settlers cease attempts to grow grain, which is a difficult project with San Diego’s irregular rain. Instead, he will give them cattle to start becoming ranchers, allowing several years before the settlers must repay him. He will not charge interest and will stop contesting the settler’s claims. In return, they will fence any fields they plant and will stop killing Mariano’s cattle. He argues that growing fruit trees, olives, or figs is better suited to California’s climate. He proposes they join forces to build an irrigation system to maximize water use.

The group debates whether this is practical. Darrell, Clarence, Mechlin, and Mariano are in favor; Mathews, Gasbang, and Hughes are opposed. Mariano urges them to think on his proposition, and Clarence insists that it is more logical to farm according to what the land makes most profitable than to believe a law will affect the landscape.

Clarence and Victoriano encounter one another while a large quantity of lumber is being delivered for the Darrells’ house construction. Clarence, who feels the legal settlement is exploitative, wishes to secretly pay Mariano for the land the Darrells claimed without alerting his father, whom he fears will be offended by this. Victoriano agrees to facilitate a meeting, and Clarence waits on the Alamars’ veranda, not wishing the women of the family to see him in his rough work clothes.

A young woman, Mercedes Alamar, bolts out of the house, chasing a small dog called Milord. She crashes into Clarence, hurting her ankle. Clarence falls instantly in love and regrets that Mercedes must see him as a squatter. As Mariano carries her to rest her ankle, Mercedes asks blushing, curious questions about Clarence, annoyed when her father and brother speak of her as the family’s “baby.”

Clarence tells Mariano he doesn’t believe the other settlers will accept Mariano’s offer. Clarence disparages the “no fence” law and offers to pay for the land, though he believes that Darrell, whose faith in Congress is “blind,” would balk at his son’s criticism of the government. Clarence offers, however, that he thinks the true American action is to speak boldly when the government errs. He wishes to act according to his sense of right, rather than what the law decrees as right. Mariano accepts Clarence’s offer to pay immediately instead of waiting for the resolved court case. They agree to keep the deal secret, not even telling Mechlin, as his servants (Hogsden and his wife) gossip.