THE BURNT PRAIRIE.

A CASE OF CONSCIENCE.

"I do perceive here a divided duty."

well-nigh exhausted. Tired and hungry, they found themselves, when sunset was approaching, still six or eight miles from the county seat; a distance which seemed to them almost interminable. On a sudden, however, one of them conceived a bright idea, which was no sooner made known to the other, than he eagerly approved it. They determined to burn the prairie. One of them carried a contrivance for striking fire (Lucifer matches were not yet); and having started the blaze cleverly on either side of the road, they resumed their journey, often turning to mark the progress of the flames, and to admire their brilliant effect.

On a fine afternoon, in the early spring, about twenty-five years ago, two young attorneys were travelling leisurely across an extensive prairie in one of the Western States. They were on their way to attend the circuit court of a frontier county, which embraced about one fourth of the territory of the state, with a very small part of its population; but which has been, in process of time, cut up into three or four Congressional districts. One of them had been recently appoint- prairie. It should be a wide and wild prairie—

ed the State's Attorney of his circuit, and would

occasionally breathe himself in a sort of field-day exercise, by way of preparation for an intended charge upon the Grand Jury. The other, unoccupied by the cares of public office, indulged his fancy now and then in pleasing visions of prisoners vindicated by his triumphant eloquence, who would pour out their gratitude and their money in equal profusion. Once or twice, by consent, an imaginary hog-thief was arraigned, an agreed case made of the evidence, and arguments "of learned length and thundering sound" addressed by the two worthies to an invisible court and jury-who were supposed to listen with attention and interest.

These amusements were varied from time to time by draughts upon their respective stores of song and anecdote, as well as on the creature comforts which they carried in their saddle bags and pocket flasks. As the day declined, however, all their resources, mental and physical, were

There are few finer sights than a burning

with the grass four or five feet high, untouched by the ruminant ox, untrodden by the hoofs of swine-the country gently undulating, so as to vary the movement of the conflagration-the time late winter or early spring, when the grass is as dry and crisp as tinder-and a fresh breeze blowing, before which the fires sweep over the levels like fleet coursers, tossing their glowing manes, or surge upward on the rising ground, like the billows of that tremendous sea, upon which the huge form of Satan "lay, floating many a rood." Compared with this, mere artificial fire-works are utterly insignificant, and show as contemptibly, as the sulphur and sheetiron of a storm at the theatre would do, in competition with the thunder and lightning dialogue between "Jura" and "the joyous Alps." We well remember one spectacle which alone would have eclipsed a gala night at Castle Garden or the President's grounds. It was that of a magnificent tree, which stood at the extremity of a point of timber jutting out into the prairie, like *The offence of hog-stealing was so common in those some giant champion in the van of a forlorn days, that it might have been termed an epidemic as re- hope-enveloped in flames from its base to the garded individuals, and a chronic disorder in the body topmost twig, and displaying against the dark politic. The criminal docket never failed to exhibit half night sky a resplendent and intricate cross of fire. a dozen cases every term. Some thought it grew out It brought to mind forcibly the idea of a burning of the habit of hunting "varmints," and the difficulty of And we remember, too, the strange property, and not “feræ naturæ." Others maintained excitement of another night, which we spent at that it was due to the temptation held out by the pros- a farm house in a small hamlet, begirt with fire pect of depredating with impunity in the unfrequented all round the horizon, like a beleaguered city. "range" of these animals through the woods. But the The men and boys of the neighborhood were on most original theory was broached as a defence in one case, by a lawyer, who found the facts proven against his foot till day-break, "fighting the fire," at every client too plainly, to be denied or evaded. The hogs point where it threatened invasion. Their figwere almost always killed in the river bottoms, which ures, seen running to and fro along the bright were intersected with bayous and sloughs; and he assert-line of the enemy's approach, and their shouts ed that the water of these regions had the remarkable effect of exciting an insane appetite for pork-inasmuch of warning or encouragement, that came up that every man who lived in the bottom and drank its faintly to the ear from the distance, heightened water for three weeks, was irresistibly driven "to get hog- the wild effect of the scene, and mingled with meat" by a necessity, moral and natural, which put an our dreams after we had ceased to behold it with end to every thing like accountability. The evil has grad- the eye of sense. ually abated since that day; whether from an improvement in the water, the morals, or the police, of the community, we leave as an open question.

teaching frontier men that "wild hogs" were private ship at sea.

The utmost vigilance is necessary on these occasions; for, sometimes, the fire makes au inroad

upon the settlements, consuming fences, stacks upon the question arising out of the “Conflict of of grain, and the humble dwellings of the pio-Laws"-to wit-the law of Truth and Justice, neers. And hence the laws of the western and the law of Self-preservation. Judge Story states, besides the right of the sufferer to recover (if his book was then published) had not treated damages for his loss, generally visit with exem- of such a case, and the light of the Bible was plary penalties the offence of firing a prairie. altogether too strong for their weak eyes. Their Nevertheless, for the sake of obtaining young hearts yearned with sympathy for their unfortugrass for their cattle, as also for the purpose of nate substitutes—but "to confess the corn" thempreventing unexpected fires, the settlers themselves was a dreadful alternative. It would be selves are accustomed to burn the prairies at ap- to sacrifice, as they thought, every hope of propointed times; watching the flames, and guard- fessional success in that county, and to shut up ing against their ravages, till the danger is passed forever the perspective, which revealed in the by. And thus it seldom happens, that any breach distance a seat in the State Legislature, and an of the law is complained of, unless some private arm chair in Congress. I grieve to read the isinjury results from it.

sue. Their moral nerve gave way-selfishness triumphed-they determined to keep the case under advisement, and at the same time to "keep

Unluckily, the pyrotechnic exploits of our heroes were followed by consequences of this sort. The blaze, which they kindled, after running off dark." a mile or two, broke into a little neck of prairie, But little time was allowed them for further and destroyed the fencing of several farms. reflection. Next day the Court met—the Grand "As bees bizz out wi' angry fyke,”— --so swarm. Jury was sworn-the Judge delivered his charge; ed out the whole settlement in hot haste, and the new-fledged prosecutor opened his wings and spread away in every direction in search of the fluttered-and the Grand Jury retired. Soon perpetrators. By a singular chance, (which we after he was summoned to assist at their delibecommend to the attention of all readers who are rations: and to his dismay, the first witnesses curious in cases of circumstantial evidence) their who confronted him were the avengers of firesuspicions were diverted from the real culprits, the denizens of the burnt prairie. The evidence and directed with the force of conviction against was strong and pointed-the jury returned a true three or four innocent persons. These were bill without hesitation-and he had no choice some young men, who happened to follow the but to draw the indictment. While his unwiltwo lawyers along the same road, at an interval ling hand was employed in setting forth, with all of not more than half an hour. In the earlier the legal aggravations, against the victims of part of the day, they had been observed at seve- unfounded suspicion, the charge of an offence, ral places, drinking, swearing, singing songs, which that very haud had committed, his nerves running their horses, and committing other ex- trembled, and drops of sweat stood upon his travagances, as such fellows will do "upon a brow: symptoms, which the considerate jury respree." One man, who had been hunting cat-ferred to his laudable anxiety, that he might distle, descried them squatted on the grass in the prairie, smoking segars, and playing cards-and the day was Sunday! Here, in fact, they had been surprised by the approach of the fire: and mounting their nags, they had dashed at full speed, through the gap which the road presented, and made their way to the county town. Even at this juncture too they had been seen and re- On his way back to the Court room, he was cognised, and the last link in the chain of proof beset by the unfortunate accused, who, in their was supplied, to the entire satisfaction of their auxiety to know the worst, made bold to queseuraged accusers. In vain did they protest their tion the man of whom they stood most in fearinnocence and appeal to one other for corrobo- little dreaming that they were themselves to his ration. "All were concerned in it," said the eyes almost as terrible, as the ghosts of King other party, and of course you'll all stick to- Richard's victims to that dramatic monarch, and gether and swear to the same lie-but you're quite as likely to "sit heavy on his soul to-morgone suckers when old Judge Tripe takes a hold row." Far different were their thoughts. They of you! He'll fix your flints about right!'" were strangers-they were ignorant-and they Meantime, the brace of attorneys, though ex- were poor. And when their apprehensions were empt from the suspicions of the public, were confirmed by the prosecuting attorney, who suffering great tribulation in secret. Long and (somewhat unprofessionally) acknowledged the anxious were their communings with one an- finding of the indictment, they were in despair other, and much subtle casuistry was expended as to the means of procuring counsel to defend

charge with skill and fidelity an untried duty. At last his task was finished: and he handed the indictment to the foreman; salving his wounded conscieuce with the resolve, to make amends for it, if possible, by an extremely lenient prosecution. He was obliged to fire the gun: but he meant to pull the trigger very gently indeed.

them. But our hero saw the matter in a differ- the wisdom, justice, and independence of the inent light. "Out of this nettle, danger (said he telligent men who sat before him-they had put to himself or might have said)—we pluck this themselves upon their country, without fear of flower, safety." He took occasion to recom- the issue. After this introduction, the witnesses mend them to Mr. Alibi-a very talented young were called. The inflammation on their part man-then in the Court house-newly come to had by no means subsided: and an adroit crossthe circuit-not much engaged in business-and examination elicited enough of feeling, and a doubtless very willing to embrace any opportu-sufficiency of contradictions in small matters, to nity of "coming out." "Would he be good found a plausible argument of inconsistency, and enough to speak to the gentleman for them?" justify some smart hits at what are technically "Oh! certainly”—and he did speak to the gen- called "swift witnesses." It was proved, moretleman a few words, which brought him out very over, that a good many persons had been about quickly to his expectant clients. He listened to the prairie in the course of the day: and there their story as if it were all quite new to him- was a considerable discrepancy, as to the exact believed their assertions of innocence-felt great place where the fire commenced. This was sympathy and would be proud to defend them, partly owing to the fact that it began on both for he was convinced they were the victims of sides of the road at once, and partly from the deceptive circumstances. As to the matter of different points of view in which it was first seen. fees, he begged them to be perfectly easy: nay, he was better pleased that they had no money, as it enabled him to feel and to prove that his zeal in their behalf was not mercenary. His disinterested services were of course joyfully accepted and after a long consultation, the advocate and his clients parted from each other, with hearts a good deal lighter than they had been since the evening before.

At length, the examination was ended, and the argument commenced. The prosecutor, following up his own lead, displayed a candor in dealing with the testimony, not always conspicuous in those who fill similar stations: and while he summed up with the declaration, that the evidence was sufficient to maintain the charge, he forbore to urge it with that vehemence and zeal, which the witnesses at least expected of him. It may be readily imagined that the two friends But the prisoner's counsel manifested no lack of did not omit to hold a private talk upon the sub- these qualities. He read and narrated case after ject that night; and if the representative of the case of individuals convicted upon circumstanState did disclose to his adversary, the nature tial evidence, and afterwards proved to be innoand strength of the evidence he was to meet, cent, until the jurors' hair stood on end at the the revelation was certainly, under all the cir-number and enormity of these judicial murders. cumstances, not the heaviest sin he had to re- It is said that five men made up their minds on pent of. The next morning the trial came off. that day, never to convict for felony on circumThe prosecuting attorney was eloquent in his stantial proof, and two more swore eternal hosprofessions of impartiality in the discharge of tility to the whole system of capital punishment. his duty. He felt himself to be a law officer of But my readers, if they ever enjoyed the privithe people-bound, in the exercise of his func-lege of witnessing such trials, (and who has tions, not simply to press for the conviction of not?) can easily furnish out some idea of the every man who was arraigned, but to insist only defence, which he labored so diligently. He in such cases as were made out for the Com-wound up with a noble tribute to the lofty and monwealth, by conclusive evidence. He should conscientious character of the prosecutor-the endeavor to try that case, as if he were himself frankness, with which he had admitted the cira juror. If sustained by the proof, he should cumstances in the prisoners' favor-and then apcall upon those whom he addressed, to vindicate pealing to that "reasonable doubt," which has the outraged laws of the land; if the proof should fall short of what he had been led to expect, he should leave the weight of the testimony, as fairly as he could place it before them, to their deliberate judgment. The counsel for the de-reach of its saving influence. fence, too, was great upon his side. He was The prosecutor made the best reply he could confident in the innocence of his clients. He contrive under such embarrassments, neither knew that they were poor, friendless, and un-party asked any instructions from the Court, and known to the jury who held the balance of their the jury were sent out. After a suspense of some fate. He was aware of the prejudice excited fifteen minutes, not less terrible to the counsel against them. He had heard that a cloud of than to the prisoners themselves, a verdict of witnesses would be produced. But, strong in" not guilty" was returned by the jury, and the conscious rectitude-firm in their reliance upon accused were set at liberty. Of course, they

so often helped a desperate case in its sorest extremity, defied (as he might safely do) the advocate of the State to declare that he believed the guilt of the accused to be established beyond the

white image: if unequal the image will be slightly coloured with red or green, according as the one or the other predominates.

about to deliver to the public the fruit of researches made at intervals, irregularly, during a period of many years, and with improved instruments of my own invention, I have thought that It was when remarking that every pencil of my communications ought not to bear upon iso-polarized light divided itself on passing through lated facts, but should give results having close a doubly refracting crystal, into two pencils of connection one with the other, and constituting unequal intensity, of which the sum was always each a chapter of the science." M. Arago then equal to the original pencil, that Malus divined proceeded with explanatory remarks upon his fa- that the intensity of each of the pencils resultvorite science and for an hour, by a charm of ing from this division, varied as the square of style and manner almost peculiar to himself, he the cosine of the angle which measures the incaptivated the unwearied attention of his col-clination of the planes of polarization of each leagues, and a numerous auditory, to what in the pencil, before and after division. But this law mouth of almost any one else would have been announced as probable by Malus, had never been dry, abstract, technical, scientific jargon. He is satisfactorily demonstrated. The paper read by the most lucid and accomplished lecturer I have Arago, had reference to his course of experiever heard. Dr. Lardner, whom we all had the ments in verification of this law. He declares opportunity of hearing and admiring in the Uni- that the idea of Malus is true,—that the law of ted States, a few years since, approaches, but the cosine announced by him has issued triumdoes not equal him. Arago makes the dryest phantly from all the tests to which it has been subject interesting, the most abstruse clear. He subjected. M. Arago declares that he has so simplifies to the comprehension of an intelligent improved his instruments and his methods, that child the mechanism of the Universe, and his in all future experiments which may be deemed exposition of the laws which govern it. His expedient, he can with complete confidence, now lectures upon astronomy delivered during the that his own sight is failing, trust to the younger last years of the late reign, at the Observatory, eyes of his assistants, MM. Laugier, and Petit. were the most popular of the capital. Though M. Arago announces a long list of important far removed from the populous quarters of the and interesting questions in Photometry, which city, his lecture room was always crowded to may now be satisfactorily solved by the scientiexcess; and hundreds were daily refused admit- fic application of this law of the cosine. For instance, is the sun equally luminous at its centre Photometry, or the science which treats of the and circumference? Is it or not surrounded with measurement of light, has been made the sub- an absorbing atmosphere? The method may be ject of his special study, and a success which also applied to a better comprehension of the alone would have ever illustrated his name, has dark and luminous spots observed upon the crowned his efforts. The rude inventions of moon's disk. It will measure the intensity of Huygens and Celsius for ascertaining the inten- the lunar light coming from the sun, compared sity of light were soon abandoned for the improved methods of Bouguer, Ritchie, Rumford and Lambert. But these also left much to be desired. Arago has discovered a mode of measuring light totally different in principle from any which preceded it, and securing a much greater degree of accuracy, founded on the properties of polarized light.

tance.

It is thus described :

with the ash-coloured light coming from the earth, which is plainly seen to complete the disk of the moon when observed, a crescent, in the evening twilight. Arago promises to find in these questions, the matter of subsequent communications to the Academy.

M. Come, professor of Physics in the Lyceum of Laval, writes to the Academy of Sciences, that he has just repeated with success the marWhen two lights are to be compared, the rays vellous experiments of Boutigny, with which I from each are polarized by causing them to pass entertained the readers of the Messenger in the through a plate of tourmaline cut parallel to the August number of last year. M. Come reports axis; or by reflecting them from a plate of glass, that he has bathed his hands in melted lead and on which they fall at the polarizing angle. They in a liquid mass of incandescent iron without are then received on a plate of rock crystal, cut sustaining the slightest injury. The single preperpendicularly to the axis, and observed through caution indicated by Boutigny is sufficient. The a doubly reflecting prism. Each light will thus hands of the experimenter should be previously give two images tinged with the complementary moistened with water, or alcohol, or ether. The colours. The images are then brought into such sensation of heat during the experiment is more a position that the red of the one falls over the or less perceptible, according as the liquid with green of the other. If the two lights are equal which the hand is moistened is more or less voin intensity, this superposition will produce a latile.

If ether has been used, the sensation