THE RIGHT OF WAY.
Mr. Edward Bolton had
purchased himself a farm, and taken possession thereof.
Once, while examining the premises, before deciding
to buy, he had observed a light wagon moving along
on the extreme south edge of the tract of land included
in the farm, but it had occasioned no remark.
It was late in the afternoon when he arrived with his
family at their new home. On the morning that
followed, while Mr. Bolton stood conversing with a
farm-hand who had been on the place under the former
owner, he observed the same vehicle passing across
the portion of his land referred to.
“Whose wagon is that, Ben?”
he asked, in the tone of a man who felt that another
had trespassed upon his rights.
“It is Mr. Halpin’s,” was replied.
“Halpin, who owns the next farm?”
“Yes, sir.”
“He takes a liberty with my
premises that I would not like to take with his,”
said Mr. Bolton, who was annoyed by the circumstance.
“And there he is himself, as I live! riding along
over my ground as coolly as if it belonged to him.
Verily, some men have the impudence of old Nick himself!”
“They always go by that road,”
replied Ben; “at least, it has been so ever
since I have worked on the farm. I think I once
heard Mr. Jenkins, from whom you bought, tell somebody
that Mr. Halpin’s farm had the right of way
across this one.
“The right of way across my
farm!” exclaimed Mr. Bolton, with strongly-marked
surprise. “We’ll see about that!
Come! go with me. I want to take a look at that
part of my forty acres.”
And Mr. Bolton strode off, accompanied
by Ben, to take more particular note of the extreme
south edge of his beautiful tract of land. The
shape of this tract was somewhat in the form of a
triangle, with the apex at the southern boundary, near
the verge of which ran a stream of water. Beyond
this stream was a narrow strip of ground, some thirty
feet wide, bounded by the fence enclosing the land
belonging to another owner; (sic) it length was not
more than two hundred feet. It was along this
strip of ground that Mr. Bolton had observed the wagon
of Mr. Halpin pass. The gate opening upon his
premises was at one end, and now, for the first time,
he discovered that there was a gate at the other end,
opening from his farm to that of Mr. Halpin, while
the ground was cut up with numerous wheel-tracks.
“Upon my word, this is all very
fine!” said Mr. Bolton. “The right
of way across my farm! we’ll see about that!
Ben, do you get four good rails and put them firmly
into the gate-posts on Mr. Halpin’s side.
Throw the gate over into his field.”
Ben looked confounded at this order.
“Do you understand me?” said Mr. Bolton.
“Yes, sir; but”—
“But what?”
“There’s no other way
for Mr. Halpin’s folks to get to the public
road.”
“That’s none of my business;
they’ve no right to make a public highway of
these premises. You heard what I said?”
“Yes, sir.”
“Then let it be done.”
“Obey orders, if you break owners,”
muttered Ben, as Mr. Bolton turned and marched away
with long and hasty strides. “But if there
isn’t a nice tea-party somewhere about these
diggins before to-morrow morning, my name isn’t
Ben Johnson.”
Before reaching his house, Mr. Bolton’s
excitement had cooled a trifle, and it came into his
mind that possibly he might have acted a little
hastily; but the order had been given to cut off the
right of way, and he was not the man to “make
back-tracks” in any thing.
“Do you see that, Edward?”
said Mrs. Bolton, as her husband entered the house,
pointing to a table on which stood a pitcher of sweet
cream and two pounds of fresh butter. “Mrs.
Halpin sent these over, with her compliments, this
morning; isn’t it kind in her?”
Mrs. Bolton’s countenance was glowing with pleasure.
“I always heard that she was
a neighbourly, good woman,” added Mrs. Bolton.
“I don’t think much of
her husband,” returned Mr. Bolton, coldly, as
he passed from the room after pausing there for only
a moment. He could not look at the lumps of golden
butter and the pitcher of cream without feeling rebuked,
and so he got away as quickly as possible.
“Have you done as I directed?”
said Mr. Bolton, with knit brows, on meeting Ben,
some time afterwards, returning from the part of the
farm where he had left him.
“Yes, sir,” was the answer of Ben.
“What did you do with the gate?”
“I threw it into the field, as you told me.”
“You didn’t break it?”
“No, sir.”
“Very well.”
“There’ll be trouble, Mr. Bolton,”
said Ben.
“How do you know?”
“Mr. Halpin’s a very determined man.”
“So am I,” replied Mr. Bolton.
“Mr. Dix says the right of way
belongs to Mr. Halpin, and no mistake.”
“When did he say so?”
“Just now. He came down
from his house, when he saw me at work, and asked
what I was doing; and when I told him, he said you
were wrong, and would only get yourself into trouble;
that Mr. Halpin’s farm had the right of way
through yours.”
“Tell Mr. Dix, when you see
him again, not to meddle in my affairs,” replied
Mr. Bolton. “I am entirely competent to
manage them myself; I want no assistance.”
As Mr. Bolton turned from Ben, on
uttering this speech, he saw Mr. Dix, who owned another
farm that adjoined his, approaching the place where
he stood.
“I want none of his interference,”
muttered Bolton to himself. Then forcing a smile
into his face, he met his neighbour with a pleasant
greeting.
“You will excuse me,”
said Mr. Dix, after a few words had passed between
them, “for a liberty I am about to take.
I saw your man, a little while ago, closing up the
gate that opens from your farm into Mr. Halpin’s.”
“Well!” Mr. Bolton’s brows contracted
heavily.
“Are you aware that his farm has the right of
way through yours?”
“No, sir.”
“Such, however, let me assure
you, is the case. Mr. Halpin has no other avenue
to the public road.”
“That’s his misfortune;
but it gives him no license to trespass on my property.”
“It is not a trespass, Mr. Bolton.
He only uses a right purchased when he bought his
farm, and one that he can and will sustain in the
courts against you.”
“Let him go to court, then.
I bought this farm for my own private use, not as
a highway; no such qualification is embraced in the
deed. The land is mine, and no one shall trespass
upon it.”
“But, Mr. Bolton,” calmly
replied the other, “in purchasing, you secured
an outlet to the public road.”
“Certainly I did; but not through
your farm, nor that of any one else.”
“Halpin was not so fortunate,”
said Mr. Dix. “In buying his farm, he had
to take it with a guarantied right of way across this
one. There was no other outlet.”
“It was not a guarantee against
my ownership,” doggedly replied Mr. Bolton.
“Pardon me for saying that in
this you are in error,” returned the other.
“Originally both farms were in one; that was
subsequently sold with a right of way across this.”
“There is no such concession
in the deed I hold,” said Bolton.
“If you will take the trouble
to make an examination in the clerk’s office
in the county court, you’ll find it to be as
I state.”
“I don’t care any thing
about how it was originally,” returned Bolton,
with the headiness of passionate men when excited.
“I look only to how it is now. This is
my farm; I bought it with no such concessions, and
will not yield it unless by compulsion. I wouldn’t
be the owner of a piece of land that another man had
the right to enter.”
“That little strip of ground,”
said Mr. Dix, “which is of but trifling value,
might be fenced off as a road. This would take
away all necessity for entering your ground.”
“What!” said Bolton, indignantly;
“vacate the property I have bought and paid
for? I am not quite so generous as that.
If Mr. Halpin must have a right of way, let him obtain
his right by purchase. I’ll sell him a
strip from off the south side of my farm, wide enough
for a road, if that will suit him; but he shall not
use one inch of my property as a common thoroughfare.”
Mr. Dix still tried to argue the matter
with Bolton, but the latter had permitted himself
to get angry, and angry men are generally deaf as
an adder to the voice of reason. So the neighbour,
who called in the hope of turning the new occupant
of the farm from his purpose, and thus saving trouble
to both himself and Mr. Halpin, retired without effecting
what he wished to accomplish.
It would be doing injustice to the
feelings of Mr. Bolton to say, that he did not feel
some emotions of regret for his precipitate action.
But, having assumed so decided a position in the matter,
he could not think of retracing a step that he had
taken. Hasty and positive men are generally weak-minded,
and this weakness usually shows itself in a pride
of consistency. If they say a thing, they will
persevere in doing it, right or wrong, for fear that
others may think them vacillating, or, what they really
are, weak-minded. Just such a man was Mr. Bolton.
“I’ve said it, and I’ll
do it!” That was one of his favourite expressions.
And he repeated it to himself, now, to drive off the
repentant feelings that came into his mind.
At dinner-time, when Mr. Bolton sat
down to the table, he found, placed just before him,
a print of the golden butter sent to his wife on that
very morning by Mrs. Halpin. The sight annoyed
and reproved him. He felt that he had been hasty,
unneighbourly, and, it might be, unjust; for, as little
gleams of reflection came breaking in one after another
upon his mind, he saw that a right of way for Mr.
Halpin was indispensable, and that if his deed gave
it to him, it was a right of which he could not deprive
him without acting unjustly. Passion and false
reasonings would, it is true, quickly darken his mind
again. But they had, in turn, to give place to
more correct views and feelings.
“Just try some of that butter.
It is delicious!” said Mrs. Bolton, soon after
they were seated at the table.
“I don’t care about butter
at dinner-time,” replied Mr. Bolton, coldly.
“But just try some of this.
I want you to taste it,” urged the wife.
“Its flavour is delightful. I must go over
and see Mrs. Halpin’s dairy.”
To satisfy his wife, Mr. Bolton took
some of the butter on his plate. He would rather
have thrown it out of the window.
“Now try it on a piece of bread,”
said Mrs. Bolton. “I declare! You
act as if you were afraid of the butter. What’s
the matter with you?”
There was no reason why Mr. Bolton
should not do as his wife wished—at least
no reason that he could give to her. It wouldn’t
do to say—
“I won’t touch Mrs. Halpin’s
butter because I’ve cut off her husband’s
right of way across my land. I have nailed up
the only outlet there is from his property to the
public road.”
No, it wouldn’t do to say that.
So, nothing was left for Mr. Bolton but to taste the
delicious butter.
“Isn’t it very fine?”
said his wife, as she saw him place it to his lips.
“Yes, it’s good butter,”
replied Mr. Bolton, “very good butter.”
Though, in fact, it was far from tasting pleasant to
him.
“It’s more than very good,”
said Mrs. Bolton, impatiently. “What has
come over you? But wait a little (sic) wwile,
and I’ll give you something to quicken your
palate. I’ve made some curds—you
are so fond of them. If you don’t praise
the sweet cream Mrs. Halpin so kindly sent over this
morning, when you come to eat these curds, I shall
think—I don’t know what I shall think.”
The dinner proceeded, and, at length,
the dessert, composed of curds and cream, was served.
“Isn’t that beautiful?”
said Mrs. Bolton, as she poured some of the cream
received from Mrs. Halpin into a saucer of curds, which
she handed to her husband.
Bolton took the curds and ate them.
Moreover, he praised the cream; for, how could he
help doing so? Were not his wife’s eyes
on him, and her ears open? But never in his life
had he found so little pleasure in eating.
“Do you know,” said Mrs.
Bolton, after she had served the curds and said a
good deal in favour of the cream, “that I promise
myself much pleasure in having such good neighbours?
Mrs. Halpin I’ve always heard spoken of in the
highest terms. She’s a sister of Judge
Caldwell, with whose family we were so intimate at
Haddington.”
“You must be in error about that.”
“No. Mrs. Caldwell often
spoke to me about her, and said that she had written
to her sister that we talked of buying this farm.”
“I never knew this before,” said Mr. Bolton.
“Didn’t you! I thought I had mentioned
it.”
“No.”
“Well it’s true.
And, moreover, Mrs. Caldwell told me, before we left,
that she had received a letter from her sister, in
which she spoke of us, and in which she mentioned
that her husband had often heard you spoken of by
the judge, and promised himself great pleasure in
your society.”
Mr. Bolton pushed back his chair from
the table, and, rising, left the room. He could
not bear to hear another word.
“Is my horse ready, Ben?”
said he, as he came into the open air.
“Yes, sir,” replied Ben.
“Very well. Bring him round.”
“Are you going now?” asked
Mrs. Bolton, coming to the door, as Ben led up the
horse.
“Yes. I wish to be home early, and so must
start early.”
And Bolton sprang into the saddle.
But for the presence of his wife,
it is more than probable that he would have quietly
directed Ben to go and rehang the gate, and thus re-establish
Mr. Halpin’s right of way through his premises.
But, this would have been an exposure of himself to
his better-half that he had not the courage to make.
So he rode away. His purpose was to visit the
city, which was three miles distant, on business.
As he moved along in the direction of the gate through
which he was to pass on his way to the turnpike, he
had to go very near the spot where Ben had been at
work in the morning. The unhinged gate lay upon
the ground where, according to his directions, it had
been thrown; and the place it formerly occupied was
closed up by four strong bars, firmly attached to
the posts.
Mr. Bolton didn’t like the looks
of this at all. But it was done; and he was not
the man to look back when he had once undertaken to
do a thing.
As he was riding along, just after
passing from his grounds, he met Mr. Dix, who paused
as Bolton came up.
“Well, neighbour,” said
the former in a tone of mild persuasion, “I
hope you have thought better of the matter about which
we were talking a few hours ago.”
“About Halpin’s right
of way through my farm, you mean?”
“Yes. I hope you have concluded
to reopen the gate, and let things remain as they
have been, at least for the present. These offensive
measures only provoke anger, and never do any good.”
Bolton shook his head.
“He has no right to trespass
on my premises,” said he, sternly.
“As to the matter of right,”
replied Mr. Dix, “I think, the general opinion
will be against you. By attempting to carry out
your present purpose, you will subject yourself to
a good deal of odium; which every man ought to avoid,
if possible. And in the end, if the matter goes
to court, you will not only have to yield this right
of way, but be compelled to pay costs of suit and
such damages as may be awarded against you for expense
and trouble occasioned Mr. Halpin. Now let me
counsel you to avoid all these consequences, if possible.”
“Oh, you needn’t suppose
all this array of consequences will frighten me,”
said Mr. Bolton. “I don’t know what
fear is. I generally try to do right, and then,
like Crockett, ‘go ahead.’”
“Still, Mr. Bolton,” urged
the neighbour mildly, “don’t you think
it would be wiser and better to see Mr. Halpin first,
and explain to him how much you are disappointed at
finding a right of way for another farm across the
one you have purchased? I am sure some arrangement,
satisfactory to both, can be made. Mr. Halpin,
if you take him right, is not an unreasonable man.
He’ll do almost any thing to oblige another.
But he is very stubborn if you attempt to drive him.
If he comes home and finds things as they now are,
he will feel dreadfully outraged; and you will become
enemies instead of friends.”
“It can’t be helped now,”
said Mr. Bolton. “What’s done is done.”
“It’s not yet too late
to undo the work,” suggested Mr. Dix.
“Yes, it is. I’m
not the man to make back-tracks. Good-day, Mr.
Dix?”
And speaking to his horse, Mr. Bolton
started off at a brisk trot. He did not feel
very comfortable. How could he? He felt that
he had done wrong, and that trouble and mortification
were before him. But a stubborn pride would not
let him retrace a few wrong steps taken from a wrong
impulse. To the city he went, transacted his business,
and then turned his face homeward, with a heavy pressure
upon his feelings.
“Ah me!” he sighed to
himself, as he rode along. “I wish I had
thought twice this morning before I acted once.
I needn’t have been so precipitate. But
I was provoked to think that any one claimed the right
to make a public road through my farm. If I’d
only known that Halpin was a brother-in-law to Judge
Caldwell! That makes the matter so much worse.”
And on rode Mr. Bolton, thinking only
of the trouble he had so needlessly pulled down about
his ears.
For the last mile of the way, there
had been a gentleman riding along in advance of Mr.
Bolton, and as the horse of the latter made a little
the best speed, he gained on him slowly, until, just
as he reached the point where the road leading to
his farm left the turnpike, he came up with him.
“Mr. Bolton, I believe,”
said the gentleman, smiling, as both, in turning into
the narrow lane, came up side by side.
“That is my name,” was replied.
“And mine is Halpin,”
returned the other, offering his hand, which Mr. Bolton
could but take, though not so cordially as would have
been the case had the gate opening from his farm into
Mr. Halpin’s been on its hinges. “I
have often heard my brother-in-law, Judge Caldwell,
speak of you and your lady. We promise ourselves
much pleasure in having you for neighbours. Mrs.
Halpin and I will take a very early opportunity to
call upon you. How is all your family?”
“Quite well, I thank you,”
replied Mr. Bolton, trying to appear polite and pleased,
yet half averting his face from the earnest eyes of
Mr. Halpin.
“We have had a beautiful day,”
said the latter, who perceived that, from some cause,
Mr. Bolton was not at ease.
“Very beautiful,” was the brief answer.
“You have been into the city,” said Mr.
Halpin, after a brief pause.
“Yes, I had some business that
made it necessary for me to go into town.”—Another
silence.
“You have a beautiful farm.
One of the finest in the neighbourhood,” said
Mr. Halpin.
“Yes, it is choice land,”
returned the unhappy Mr. Bolton.
“The place has been a little
neglected since the last occupant left,” continued
Mr. Halpin. “And since your purchase of
it, some ill-disposed persons have trespassed on the
premises. Day before yesterday, as I was passing
along the lower edge of your farm,—you
know that, through some ill-contrivance, my right of
way to the public road is across the south edge of
your premises. But we will talk of that some
other time. It’s not a good arrangement
at all, and cannot but be annoying to you. I
shall make some proposition, before long, about purchasing
a narrow strip of ground and fencing it in as a road.
But of that another time. We shall not quarrel
about it. Well, as I was saying, day before yesterday,
as I was passing along the lower edge of your farm,
I saw a man deliberately break a large branch from
a choice young plum-tree, in full blossom, near your
house, that only came into bearing last year.
I was terribly vexed about it, and rode up to remonstrate
with him. At first, he seemed disposed to resent
my interference with his right to destroy my neighbour’s
property. But, seeing that I was not in a temper
to be trifled with, he took himself off. I then
went back home, and sent one of my lads over, in company
with a couple of good dogs, and put the property in
their charge. I found all safe when I returned
in the evening.”
“It was kind in you—very
kind!” returned Mr. Bolton. He could say
no less. But, oh! how rebuked and dissatisfied
he felt.
“About that right of way,”
he stammered out, after a brief silence, partly averting
his eyes as he spoke. “I—I”—
“Oh, we’ll not speak of
that now,” returned Mr. Halpin cheerfully.
“Let’s get better acquainted first.”
“But, Mr. Halpin—I—I”—
They were now at the gate entering
upon Mr. Bolton’s farm, and the neighbour pushed
it open, and held it for Bolton to pass through.
Then, as it swung back on its hinges, he said, touching
his hat politely—
“Good-day! Mrs. Halpin
and I will call over very soon;—perhaps
this evening, if nothing interfere to prevent.
If we come, we shall do so without any ceremony.
Make my compliments, if you please, to Mrs. Bolton.”
“Thank you! Yes—yes!
Mr. Halpin—I—I—Let
me speak a—a”—
But Mr. Halpin had turned his horse’s
head, and was moving off towards the place of entrance
to his own farm.
Poor Bolton What was he to do?
Never had he felt so oppressive a sense of shame—such
deep humiliation. He had reined up his horse
after passing through the gate, and there he still
stood, undetermined, in the confusion of the moment,
what to do. Briskly rode Mr. Halpin away; and
only a few moments would pass before he discovered
the outrage perpetrated against him, and that by a
man for whom he had entertained the kindest feelings
in advance, and even gone out of his way to serve.
“Oh, why did I act with such
mad haste!” exclaimed Mr. Bolton, as he thought
this, and saw but a moment or two intervening between
him and the bitterest humiliation. He might repair
the wrong, and, in his heart, he resolved to do it.
But what could restore to him the good opinion of
his neighbour? Nothing! That was gone for
ever.
So troubled, oppressed, and shame-stricken
was Mr. Bolton, that he remained on the spot where
Mr. Halpin had left him, looking after the latter
until he arrived at the place where an obstruction
had been thrown in his way. By this time, the
very breath of Bolton was suspended. Unbounded
was his surprise, as he observed Mr. Halpin leap from
his horse, swing open the gate, and pass through.
Had he seen aright? He rubbed his eyes and looked
again. Mr. Halpin had closed the gate, and was
on the other side, in the act of mounting his horse.
“Have I done right?” said a voice at this
moment.
Bolton started, and, on looking around, saw Mr. Dix.
“Yes, you have done right!”
he returned, with an emotion that he could not conceal:
“and from my heart I thank you for this kind
office. You have saved me from the consequences
of a hasty, ill-judged, ill-natured act—consequences
that would have been most painful. Oblige me
still further Mr. Dix, by letting this matter remain
with yourself, at least for the present. Before
it comes to the ears of Mr. Halpin, I wish to let
him see some better points in my character.”
To this, Mr. Dix pledged himself. After repeating
his thanks, Mr.
Bolton rode away a wiser and a better man.
When Mr. Halpin, some weeks afterwards,
made reference to the right of way across Mr. Bolton’s
land, and asked if he would not sell him a narrow
strip on the south edge of his farm, to be fenced off
for a road, the latter said—
“No, Mr. Halpin, I will not
sell you the land; but as it is of little or
no value to me, I will cheerfully vacate it for a road,
if you are willing to run the fence.”
And thus was settled, most amicably,
a matter that bid fair, in the beginning, to result
in a long and angry disputation, involving loss of
money, time, and friendly relationships. Ever
after, when disposed to act from a first angry impulse,
Mr. Bolton’s thoughts would turn to this right-of-way
question, and he would become cool and rational in
a moment.