University of California Berkeley 
 Purchased as the gift of 
 
 TOMAS S. VANASEK 
 
THE 
 
 VOLCANO DIGGINGS; 
 
 TALE OF CALIFORNIA LAW. 
 
 BY A MEMBER OF THE BAR. 
 
 -li 
 
 Dick. The first tiling we do, let's kill all the lawyers. 
 
 Cade. Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an 
 innocent lamb should be made parchment? that parchment, being scribbled o'er, 
 should undo a man ? Some say, the bee stings ; but I say, 't is the bee's wax ; for I 
 did put seal once to a thing, and I was never mine own man since. KING HENRY VI. 
 
 N E W Y O R K : 
 J. S. REDFIELD, CLINTON HALL, 
 
 CORNER OF NASSAU AND BEEKMAN STREETS. 
 
 1851. 
 
Entered according to Act of Congress, in the year 1851, 
 BY J. S. REDFIELD, 
 
 in the Clerk's Office of the District Court of the United States, in and 
 for the Southern District of New York. 
 
 STEREOTYPED BY C. C. SAVAGE, 
 
 13 Chambers Street, N. Y. 
 
PREFACE. 
 
 A FEW words by way of introduction, reader! 
 
 The object of this tale has been to illustrate the 
 blind and foolish ignorance of those who are for ever 
 carping at the systematic workings of our judicial and 
 legal institutions ; and also to show the danger as well 
 as the absurdity of despising forms, and trusting to 
 extempore suggestions for a true demonstration of 
 legal principles. 
 
 The early lynch-law trials in California furnish sa 
 vory food for reflection upon this topic ; and, as the 
 author has spent much time in that country, and has 
 so travelled through it as to be well acquainted with 
 its different phases of life, he has concluded that he 
 could not choose a more expedient region for the 
 development of his plot. 
 
 Many of the following descriptions of scenes and 
 scenery have been drawn from the life. Those among 
 our countrymen who have ever visited the Volcano 
 
4: PREFACE. 
 
 diggings, will, it is hoped, recognise the picture 
 though, of course, understanding that the plot is en 
 tirely fictitious, and in no way to be identified with 
 that locality more than with any other. Several of 
 the characters are also drawn from actual observation 
 or acquaintance ; among which, Burschenwolt, Ken 
 tucky, and Pickle Jack, will be readily recalled by 
 such of the author's friends as worked with him at the 
 pickaxe and rocker. 
 
 And now, reader, to the story ! 
 
THE 
 
 VOLCANO DIGGINGS. 
 
 You, dear C , have to-day been sitting in your 
 
 little three-pair-back office, conning over whole pages 
 of law, which, in your heart, you sometimes doubt ever 
 having an opportunity to make use of or, as you hear 
 some one ascending your stairs, who may be a client, 
 but who turns out to be only an apple-man or the tax- 
 gatherer, hurriedly slipping into your desk some novel 
 which mental fatigue has tempted you to take up or 
 gazing vacantly upon your burnished sign, as you 
 wonder why that good-natured old-bachelor gentleman, 
 who, in romances, is always getting his property into 
 embarrassing situations just in the very nick of time to 
 help along worthy young lawyers, does not sometimes 
 favor you with a call, forgetting that there are few 
 Brothers Cheeryble in real life. Start not, nor begin to 
 ask by what magnetic influence or gift of second-sight 
 I have detected you in your avocations ; for, with you, 
 
 one day is as another, and it requires but little shrewd- 
 
 1* 
 
THE VOLCANO DIGGINGS I 
 
 ness to imagine that the pursuits which employed you 
 a year ago are still the objects of your thoughts and 
 actions. 
 
 I, on the contrary, fresh from the restraints and tos- 
 sings of a long sea-voyage, have been riding over the 
 plains of this Land of Gold this California feeling 
 that buoyancy of soul which a freedom from the cares 
 and proprieties of civilization so \vonderfully encour 
 ages ; stifling every doubt of future success, whenever 
 any such doubts have dared arise ; and confusing poor 
 Memnon with details of my many plans, to be carried 
 out when our already brightening dawn of prosperity 
 shall have ripened into a glorious noon. You remem 
 ber Memnon that faithful negro, born in the family, 
 and nicknamed after the Egyptian statue, by reason of 
 a similar habit of singing at sunrise. He has ridden 
 at my side, as the last relic of a fallen house ; and, 
 though I can not make him enter into all my feelings 
 with the same enthusiasm, and am sometimes inclined 
 to blush for the excessive nonchalance with which he 
 hears the most glowing prospects unfolded before him, 
 yet, upon the whole, for a long travel in a strange land, 
 he makes a capital good companion, despite his tawny 
 skin and frizzled poll. 
 
 You are now asleep, and are probably dreaming of 
 future greatness. Perhaps you think that you are ad 
 dressing an enlightened and intelligent jury such a 
 body having at last been found and have succeeded, 
 
A TALE OF CALIFORNIA LAW. 7 
 
 in despite of their enlightenment and intelligence, in 
 convincing them that tweedledum means tweedledee, 
 to the delight of all spectators and the admiration of 
 the bench. Or perhaps you imagine that the man who 
 never tells his story over twice has given you a cause ; 
 or, better yet, that the man who never challenges any 
 item in your bill of costs is your client. These may 
 
 be vain dreams, C , but they are oftentimes better 
 
 than the waking realities of morning. 
 
 I am sitting upon the ground, in one of those little 
 caravansaries which sprinkle the road to the mines, at 
 half-day distances. Before me is an old Mexican sad 
 dle, upon one of the broad flaps of which I am writing 
 this letter ; for the table, upon which I fondly relied 
 but an hour ago, has been taken up by sundry tired 
 travellers, as the nearest substitute for a cot : for this 
 is a crowded night, and upon all sides slumberers lie 
 thickly around me. On the bar and behind the bar? 
 across the doorway and behind the barrels, they lie 
 thickly stowed away ; while, from the rafters above 
 them, a sick man swings in a bamboo hammock, and 
 dolefully groans at each puff of air which stirs his pen 
 dant couch. 
 
 Outside there are others, who can not find room 
 in the tent, or whose inclination prompts them to 
 sleep in the open air. Near one of the trees which 
 surround the tent a party of rough-bearded Germans 
 have built up a large fire, and have stretched them- 
 
8 THE VOLCANO DIGGINGS : 
 
 selves in their blankets, with their feet lo the flames, 
 in true bivouac style. Their guns are stacked close 
 at hand ; and one or two, who have mules, have teth 
 ered the animals in very close proximity. At first, the 
 whole party was very noisy, and talked long and fast 
 in harsh gutturals ; but, as the fire has gone gradually 
 down, they have subsided into silence, and are now 
 doubtless fast asleep, with the exception of one who 
 now and then rises to throw an additional log on the 
 dying embers. He too will ere long drop off, if I can 
 judge by the lazy air with which he tossed the last 
 stick upon the flames. 
 
 A little farther off, half a dozen Mexicans have cho 
 sen their resting-place. Their fire burns brighter than 
 that of the other party, for two of them are yet sitting 
 up and playing their indefatigable " monte" by the 
 flickering light. The others are curled up in their 
 ponchoes like so many dogs, and probably with just 
 about as much solicitude for the morrow. A merry 
 life the vagabonds seern to lead ; for, though often 
 hungry and always dirty, yet, in their worst afflictions, 
 a greasy pack of cards will cause them to forget all 
 their trials, and they will be as happy as though rolling 
 in every luxury. 
 
 Though almost every one is asleep, yet silence 
 is not prevalent. Not to speak of the suppressed 
 murrnurings of the sick man, or the low, whispered 
 conversation of the gaming Mexicans, occasionally 
 
A TALE OF CALIFORNIA LAW. 9 
 
 breaking out into a discordant laugh, or the tread of 
 the tethered mules as they now and then rise up to 
 crop the scanty grass, the mingled yells of wild-cajs, 
 wolves, and coyotes, come across the plain at irregular 
 intervals, making night hideous. Now and then, as I 1 
 peep through the folds of the half-closed door, I see 
 one or two of the latter striding to and fro behind the 
 fire, as though attracted by the sight or smell of the 
 slaughtered ox, hanging from a limb of a tree un 
 til a chance movement of some troubled sleeper fright 
 ens them away, when they will scamper off, and at a 
 safe distance make the plains resound with their yells 
 
 of disappointment. Ah, C , a life in the wilds for 
 
 me, where the soul can rove free from all the trammels 
 of civilization, and man feels his native, inherent no 
 bility ! 
 
 " Fudge !" I hear you say. " These are mere dis 
 tempered fancies mere boyish attempts to give a 
 happy aspect to a foolish expedition." 
 
 Granted, in part, dear C . And why should I 
 
 not encourage such fancies ? I have my wretched 
 seasons of heart-burning anxiety, and is it not proper 
 that I should encourage myself with cheerful thoughts ? 
 Trust me, that though my writing may show the work 
 ing of a reckless feeling, yet I am not entirely devoid 
 of carefulness and consideration. Much that I tell you 
 in regard to my impulses is assumed to cover anxious 
 speculations ; and why should I not assume gayety, if 
 
10 THE VOLCANO DIGGINGS I 
 
 properly tempered with thoughtful concern ? Would 
 it be better, think you, to suffer my mind to be chilled 
 with gloomy forebodings and dreadful looking forward 
 to direful contingencies, which, though possible, may 
 never happen ? 
 
 But, as to the foolishness of my expedition, I can 
 not agree with you. Had I been placed where influ 
 ence and position would forward my interests, where 
 even a little present success might foreshadow future 
 triumph, I could cheerfully have remained at your 
 side, and toiled for the prize with a contented heart. 
 But when dropped in a strange city placed almost 
 unknown among hundreds who are struggling in the 
 same occupation seeing one after another of later 
 growth climbing above me, because family or friends 
 stretch forth a fostering hand, while I am left behind 
 for want of the same ah! I like not the picture. 
 You may tell of instance after instance where men, 
 after undeviating application, have risen to fame and 
 power ; but, while I applaud their enterprise, I do not 
 think that it is a necessary duty to follow their exam 
 ple. Better to make an early resort to these wilds 
 where, if danger and death threaten, success on the 
 other hand will be more speedy ; and where, though 
 hardships may intervene, the joyous feelings of youth 
 may sometimes find an outlet. Better all this than to 
 sit year after year torpidly poring over musty books in 
 dusty rooms, till every sense of springlike elasticity is 
 
A TALE OF CALIFORNIA LAW. 11 
 
 stagnated, and the long-looked-for wealth and honors 
 find but wintry old age to rejoice in them. 
 
 And now, dear C , a few words and messages 
 
 to other absent acquaintances, after which I will con 
 tinue my journal without further interruption day 
 by day, as I find time, noting down whatever I think 
 may interest you ; while, at the first suitable opportu 
 nity, I will send you the collected MS., whether it may 
 tell of good or evil to your seemingly-erring friend. 
 ******** 
 
 The watchfire now burns low, for the guardian 
 Mexicans have dropped asleep, and the last embers 
 are settling to ashes. The wolves and coyotes have 
 ceased their howling, thanks to a stalwart Texan, who, 
 a few minutes ago, fired his rifle in the direction of 
 the yelling pack. Around me the forms of my fellow- 
 travellers are plunged into a yet deeper sleep, if pos 
 sible, and even the sick man has fallen into a few hours 
 of troubled rest. So I close my portfolio ; and, with 
 a blessing upon those I have left behind, prepare to 
 follow the general example. Good-night ! 
 
12 THE VOLCANO DIGGINGS : 
 
 II 
 
 THE bright glare of the sun, shining in at the open 
 end of the tent, the canvass flaps of which had been 
 thrown back upon the roof the sudden loud laughter 
 of the Germans, as they greeted some capital joke 
 and the rather hasty demand that I should take my 
 feet off somebody's blanket, as he was about to pack 
 up proved sufficient incentives to awaken me at an 
 early hour. Upon raising myself upon my elbow, I 
 saw that, in place of the crowd which had slept about 
 me, the place was nearly deserted. The man who 
 had so summarily requested his blanket, had gone off 
 with it to his mule ; and, with the exception of the 
 landlord, mixing up a morning drink for himself, an 
 attache laying the knives and forks for breakfast, and 
 the sick man in the hammock, I was alone. 
 
 I jumped up and looked out. The Germans had 
 already put the oxen to their lumbering old wagon, 
 and were now loading up their firearms and replenish 
 ing their canteens for the day's march. The Mexicans 
 had apparently stolen off some time before ; for, of all 
 the crowd which had bivouacked the past night beneath 
 the trees, but two remained one of whom was drunk 
 and the other wretchedly lazy. Several of the poorer 
 class of travellers of all nations were examining their 
 scanty stock of provisions, previous to taking their 
 departure ; while those who were better to do in the 
 
A TALE OF CALIFORNIA LAW. 13 
 
 world, or who were but too little experienced in the 
 hardships of gold-digging to value its acquisition 
 aright, were standing beside their saddled mules, and 
 gayly retailing merry jokes to beguile the time until 
 the more elaborate banquet of the establishment might 
 be ready. And from the little kitchen-tent came the 
 uproarious choruses of Memnon, who, true to his name, 
 had commenced his songs at sunrise, and had ever 
 since continued them ; while, with a laudable desire to 
 combine the useful with the ornamental, as well as to 
 make new friends, he had been giving valuable assist 
 ance to the negro-cook, and thus had materially for 
 warded the preparations for breakfast. 
 " Memnon !" 
 "Sar?" 
 "All ready?" 
 
 " Horses all packed, sar. Just wait for de blankets." 
 " Well, then, put them on ; and now for breakfast." 
 I turned into the tent, and seated myself at the table, 
 while Memnon breakfasted in the kitchen, by invitation 
 of the cook ; and then, after a few minutes of industri 
 ous application, we sallied forth and prepared to re 
 sume our journey. I mounted my mule, a high-spirited 
 but vicious animal, while Memnon took charge of two 
 raw-boned horses which I had purchased at a bargain. 
 One of them bore our small stock of implements and 
 provisions, and upon the other Memnon himself sat, 
 whistling those perpetual sorrows of the forsaken Su- 
 
14 THE VOLCANO DIGGINGS : 
 
 sanna who, it seemed to me, had wept for so long a 
 period, that it was about time she got married again. 
 Altogether, we must strikingly have reminded passers- 
 by of Don Quixote's first expedition after adventure, 
 with this difference, that here the knight had the ass 
 and his esquire the horse. 
 
 For a long time we slowly travelled on up the road, 
 which pursued its level way for miles without a bend. 
 The track was dusty, and the grass beside it parched 
 and yellow. No underbrush greeted our vision, but 
 gnarled oaks of beautiful proportions dotted the plain 
 as far as the eye could reach. Occasionally a hare or 
 flock of quails would start up beside us, and timidly 
 dart away ; whereat Memnon would, for the instant, 
 suspend his whistling, and grin delight sometimes 
 firing the revolver with which I had furnished him, but 
 never producing an effective shot. Once or twice we 
 could perceive herds of wild-cattle at some little dis 
 tance from the road, looking upon us with lowered 
 horns and gleaming eyes, as though desiring us to fur 
 nish some provocation which might serve as an excuse 
 for our destruction ; whereat Memnon would draw up 
 nervously at my side, under pretence of asking some 
 question or other. 
 
 Now and then we passed some straggling parties on 
 foot, sauntering along good-naturedly, and equipped 
 with muskets and canteens ; or perhaps a rollicksome 
 sailor, with red sash and bloody spurs, would dash 
 
A TALE OF CALIFORNIA LAW. 15 
 
 past us at a rate which boded but little length of days 
 to his sweating steed ; or a train of oxen would meet 
 us, slowly dragging some white-topped wagon, which, 
 having gone to the mines loaded down with goods, 
 would now be returning for another cargo, and often 
 with some poor, emaciated miner, weary and heart 
 sick, lying upon the bottom, and only returning to the 
 settlements to die. 
 
 You know, dear C , that I am naturally careless 
 
 and indifferent, and perhaps too much inclined to trust 
 to stumbling upon good luck, rather than to make efforts 
 to encounter it. But you will hardly credit that I was 
 wandering ahead, light and free hearted, without in the 
 least knowing whither I was going. That I was on 
 the road to some of the mines I was well assured, but 
 which particular districts terminated the way was a 
 matter about which I knew little and cared less. For, 
 by what I had gleaned below from chance travellers, I 
 had been led to consider one mine about as good as 
 another ; and I had partly determined to stop at the 
 first which lay in my way, and there commence my 
 operations. The only object of solicitude I entertained 
 was, to place myself in some favorable position where 
 my legal abilities might be called to good account ; 
 for, though those were certainly not sufficient to ele 
 vate me to any very exalted rank in an eastern city, 
 yet I judged that, among the crowd of ignorant and 
 lawless men who swarmed the mines, even moderate 
 
16 THE VOLCANO DIGGINGS I 
 
 legal acquirements might serve as a stepping-stone to 
 fortune. 
 
 Such, then, had been the principle upon which I 
 had carelessly jogged along: but no\v, as the road be 
 came more broken, and I saw the distant mountains 
 turning from blue to brown, and noticed from time to 
 time the various trails which led from the main road, I 
 became conscious that it was time to enter upon some 
 determination in regard to my destination, and that I 
 should therefore lose no time in making such inquiries 
 as might lead to a selection of the most proper and 
 available locality. Apparently such thoughts began 
 to confuse the mind of Memnon ; for, after eying me 
 steadily for some minutes, he dropped the reins on the 
 neck of his steed, ceased whistling in the midst of a 
 deplorably doleful strain, and inquired 
 
 "Where we go now, sar?" 
 
 " To the mines, of course," I answered, endeavor 
 ing to counterfeit an ease of manner which might give 
 the impression that everything had already been satis 
 factorily determined upon. 
 
 " Yes, yes ; but what mine, sar?" he responded, not 
 at all deceived by my ill-disguised assumption. " Good 
 many mines here ! See man from Maukelumne, hab 
 six-ounce lump i" 
 
 " Ah ? well, then, to the Maukelumne we " 
 
 " See 'noder man from Calaveras hab ten-ounce 
 lump!" 
 
A TALE OF CALIFORNIA LAW. 17 
 
 ' To be sure ! I always thought that the Calave- 
 ras " 
 
 " Man from Tuolumne hab no lumps, but dust 
 good many ounces !" 
 
 " Indeed? Well, after all, I don't know but what 
 t h e TU " 
 
 " See 'noder man from the Tuolumne hab neber a 
 cent!" 
 
 " Well, well," I said, rather corning down in my 
 tone, as I heard this last bit of mining experience ; 
 " we'll find out where to go. And we'll ask that man 
 under the tree : he may give us some information." 
 
 Memnon dropped behind, and fell to whistling again, 
 and we rode forward to the person I had alluded to 
 a rough-looking Dutchman, resting himself beneath a 
 spreading oak, with an old musket, which might pos 
 sibly have served in the Thirty Years' War, leaning 
 upon his knee. But all in vain did we attempt to get 
 information out of him. I tried him in English, then 
 with a smattering of French, and then with a few bar 
 barously-delivered sentences of Spanish ; but the only 
 thing the fellow knew was his native Holland tongue, 
 and that was entirely beyond my depth. As some 
 amends for my disappointment, however, he held out 
 a flask of schnaps, the first taste of which took the skin 
 off my mouth ; and, sputtering out a hasty farewell, I 
 left him. As I looked back, after having ridden a 
 quarter of a mile, he was still sitting in the same posi- 
 
 2* 
 
18 THE VOLCANO DIGGINGS I 
 
 tion, and gazing after us in a listless mood, which did 
 not betoken a mind anxious to be at work. 
 
 It was getting to be noon, when, for the purpose of 
 resting bath ourselves and our quadrupeds, I proposed 
 a halt ; and we threw ourselves upon the parched 
 grass, leaving the animals to wander unrestrained by 
 anything except the long lariats, which, in Spanish 
 style, we usually carried coiled up in front of the sad 
 dles, and which we now made fast to the bare roots 
 of a neighboring tree. The place at which we halted 
 was upon the edge of one of those deep gullies which 
 so much abound in the low lands of California, and 
 which, though dry in summer, are generally roaring 
 torrents in winter. The trees were now more thickly 
 studding the ground about us ; and, while the oaks 
 continued to assert their place, a straggling pine here 
 and there betokened our nearer approach to the mount 
 ains. A slight growth of underbrush also appeared, 
 consisting of dwarf-oak and certain red-berried shrubs, 
 said to be considered a very great delicacy by the 
 grizzly bears, which occasionally descend to seek their 
 food in the valleys. Here, then, we stretched ourselves 
 out, at the foot of one of the trees, and, lighting our 
 pipes, mused away several minutes in which I was 
 rapidly forgetting all about the mines, as my imagina 
 tion wandered back to the East and the friends I had 
 left behind, when suddenly M emnon recalled my attention 
 by pointing to the road over which we had just passed. 
 
A TALE OF CALIFORNIA LAW. 19 
 
 Two men, each mounted upon a handsome mule, 
 were slowly riding along in our direction. Although 
 I never expected to have the slightest interest in them, 
 yet, as the study of character has ever been a favorite 
 pastime with me, and at that moment its pursuit was 
 an exercise perfectly in accordance with my then indo 
 lent frame of mind, I propped myself upon my elbow, 
 and commenced watching them closely, and endeavor 
 ing, from their manners and features, to assure myself 
 of their several natures and occupations. Just then, 
 however, I noticed that they stopped opposite a little 
 clump of underbrush, and seemed to be looking down 
 with considerable interest. 
 
 Not certain but what they had stumbled upon a gold 
 mine of great richness and value for I had but very 
 limited conceptions of the usual localities of the dig 
 gings I mounted my mule, and dashed up to them ; 
 but found that they had only discovered a sailor-friend 
 of theirs, who had been so overtaken with intoxication 
 as to be forced to seek repose for the time in the privity 
 of the underbrush, to the detriment of his tarpaulin-hat 
 and short-cut coat, one of which was very much crushed 
 and the other very much soiled. I rather wondered 
 that I had not previously seen him myself as I passed 
 along, since he had evidently been there some time. 
 
 " Pickle Jack drunk again !" said one of the two 
 strangers, looking at me. 
 
 I supposed that " Pickle Jack" had been so named 
 
20 THE VOLCANO DIGGINGS I 
 
 in allusion to some real or fancied fondness for the con 
 diment in question ; but seeing that the speaker seemed 
 to be expecting an answer, I dismissed all such specu 
 lations from my mind, and replied that I was sorry 
 Pickle Jack was addicted to such bad practices, as, if 
 persevered in, they would inevitably impair his useful 
 ness in society, and finally bring him to destruction. 
 
 "You may well say that, stranger," said the person 
 who had addressed me. "But come if you are 
 going our way, join us ; and, as for Pickle Jack, you 
 may depend upon it he'll come along in a day or two." 
 
 I accepted the offer, and we rode along together. 
 
A TALE OF CALIFORNIA LAW. 21 
 
 III. 
 
 As, for a short time, silence intervened, I had a 
 good opportunity to observe my new companions more 
 closely. One was dressed in plain homespun clothes, 
 without the slightest approach to any sort of ornament, 
 excepting the large hunting-buttons which adorned his 
 loose, long-flapped coat. Even his equipments exhib 
 ited the same simplicity, for his pistol was a rough, 
 uncouth-looking instrument, which would not have 
 brought a dollar at any sale ; and his knife had been 
 broken in the handle, and mended up again with poorly- 
 fashioned splints of oak. But something in the wear 
 er's face assured me that he could use both pistol and 
 knife to great advantage, if so compelled ; for there 
 was energy in his eye, determination in his "mouth, and 
 strength in his bony hand, which grasped the reins as 
 though they were plough-handles. Upon the whole, I 
 set my new friend down for a Tennessee or Kentucky 
 farmer middle-aged, deficient in education, but well 
 skilled in woodcraft, hunting, and all those rougher 
 pursuits to which a life in the West so well disciplines 
 an energetic man. 
 
 The other person was not yet thirty years of age. 
 He was tall and thin, and had all the unmistakeable 
 characteristics of the German race. He was, more- 
 
22 THE VOLCANO DIGGINGS I 
 
 over, something of a dandy; for he wore a red sash, 
 tied about his waist with an air of easy negligence, and 
 his long beard and mustache were as accurately cut 
 and trimmed as though he were still in an eastern city. 
 His pistol and dirk were elegantly mounted, and stuck 
 in his belt more with an eye to effect than for facility 
 of handling. In addition to these little traits, it struck 
 me that he was of a rather indolent and withal sociable 
 disposition possessing great talents, but without the 
 energy to direct them properly ; having a good knowl 
 edge of human nature, but without those elements of 
 self-action necessary to prevent the world from taking 
 every advantage of him ; one of those cheerful, jovial 
 men, who wander around the globe, engaging in every 
 occupation, and never sticking to one for a year at a 
 time ; taking evil with resignation, as the precursor of 
 good, and good with equal equanimity as the reward 
 of past deprivations, and one to be enjoyed recklessly 
 while it may last ; spending large sums in the wildest 
 extravagance in a single day, and starving with the 
 most philosophical stoicism for the next week : in fine, 
 a man of cultivated mind, great generosity, good nature, 
 and unbounded confidence in some distant future a 
 capital good fellow to live with. I took a liking to him 
 immediately. 
 
 "Know Pickle Jack?" inquired the oldest of the 
 two, whom I shall designate by the title of Kentucky. 
 
 " No," I answered. 
 
A TALE OF CALIFORNIA LAW. 23 
 
 " Hard character in the Volcano. Thought every 
 body knew Pickle Jack." 
 
 I had never yet heard of the Volcano ; and though 
 I, of course, conjectured that it was a new mine, yet I 
 had no actual idea whether it was so called from any 
 traits of inordinate excitability about its inhabitants, or 
 whether from the fact that the miners might be com 
 pelled to descend into burning craters after the metal 
 in a fluid state. So I inquired as to the direction and 
 prospects of the place. 
 
 Kentucky drew a long whistle, significant of his opin 
 ion of my want of geographicaLknowledge ; but before 
 he had time to answer, the German put in his voice 
 
 " Bad place dig six weeks, and get hardly a kreut- 
 zer. Would be glad as I was in Gottingen again." 
 
 "Pshaw!" muttered Kentucky; "you know, Bur- 
 schenwolt, that you never worked hard. Now if, in 
 stead of laying off under a tree, smoking a pipe and 
 playing with that cursed coyote you are trying to tame, 
 you would go into it the right way, you would do well 
 enough. Now I" turning to me "have worked 
 hard: took out six ounces one day ten the next 
 over a pound the next. Haven't done much for the 
 last two weeks, but am just beginning to strike a new 
 vein. So, if you want a place to settle, come to the 
 Volcano, where you will find plenty of gold, a raft of 
 good fellows, and not a lawyer in the place !" 
 
 I at first thought that the latter recommendation was 
 
24 THE VOLCANO DIGGINGS I 
 
 meant as an encouragement to me to come and set up 
 my " shingle" in his vicinity, where I might -he sure 
 of not encountering a too-heavy opposition ; but, re 
 membering that he could have had no possible way of 
 ascertaining my profession as yet, I concluded, upon 
 further consideration, that he was merely one of those 
 misguided men who imagine all lawyers to be born as 
 the pests and robbers of society, and was consequently 
 only easy when he might be placed away from their 
 malign influence. 
 
 "No place for them," continued Kentucky; " do 
 all our law ourselves." 
 
 " Ah ? Then you Ijave an alcalde ?" 
 
 "Why, no. Had one once, but he hung a man by 
 mistake so we determined in future to give a man a 
 regular trial, and a good day if sentenced ; and to do 
 it ourselves, so as not to be bothered with any quirls, 
 and quibbles, and long bills, of lawyers." 
 
 " And with what success?" I inquired. 
 
 " Why, we haven't had a case yet, but we hope for 
 one soon. We are all anxious to be at it, and show 
 what we can do." 
 
 " This is the place for me !" I reflected. " These 
 fellows will get themselves into some scrape, out of 
 which I shall have to help them ; and then " 
 
 Excited with the prospect, I dug my spurs into the 
 sides of my mule, making him rear up like a young 
 colt, and sung out for Memnon. 
 
A TALE OF CALIFORNIA LAW. 25 
 
 "Sar?" 
 
 " We will go to the Volcano, Memnon.' 
 
 " Bery well, sar," said Memnon, perfectly satisfied. 
 
 I noticed that Burschenwolt gazed steadily at me, 
 and slightly smiled, as though he half suspected my 
 thoughts ; for I knew that he must be too much of a 
 man of education to share his companion's prejudices, 
 and I flattered myself that he saw something in my ap 
 pearance to satisfy him that I was not one of the un 
 learned. But he said nothing, and seemed to await a 
 further development of the plot. It came. 
 
 "Traps?" asked Kentucky, pointing back to my 
 baggage. 
 
 "Yes," said I; "a tent a few provisions and 
 clothes and a pick. That's all, excepting" and 
 here I hesitated, not knowing how the disclosure might 
 be received " excepting a Blackstone and a Chitty." 
 
 "Ah," said Kentucky, not wishing to show any 
 ignorance as to the articles in question, "those new 
 fangled rockers do n't work well." 
 
 Burschenwolt's smile spread into a broad grin, dis 
 playing a beautifully white and regular set of teeth ; 
 and, as he reined up over a slight gully, he gave me a 
 significant wink. Then I knew that I had the good 
 fellow's sympathies ; and I enjoyed seeing the satisfac 
 tion with which he seemed to look forward to the de 
 velopments which the summer might bring forth in the 
 
 legal annals of the Volcano. 
 
 3 
 
26 THE VOLCANO DIGGINGS I 
 
 The conversation now languished, for we had been 
 for some time ascending the mountain, and the many 
 gullies which crossed the road occupied all our atten 
 tion. As we ascended, the beautiful oaks disappeared, 
 though the underbrush of dwarf-timber seemed to mul 
 tiply. Pines of enormous magnitude covered the dif 
 ferent elevations ; and, instead of the single trees which 
 first appeared, whole forests spread out on either hand 
 before us. Then Kentucky, as leader of the party, 
 suddenly turned from the main road and entered a 
 narrow trail, over which ensued a long and fatiguing 
 ride, which I finally began to think would never be 
 ended. 
 
 It was quite dark when Kentucky told me that we 
 had arrived at the Volcano. The wolves and coyotes 
 were howling around us, and occasionally the report 
 of a musket would salute our ears, but I could see 
 nothing to indicate an approach to any settlement, ex 
 cepting a bright light here and there- which, for any 
 thing I could have known to the contrary, might as 
 well have belonged to an Indian lodge or a hunter's 
 bivouac as the tent of a white person. My conductors, 
 however, well knew the way; and Burschenwolt,-with 
 the kind intent of saving me any present embarrass 
 ment, offered me a share of his tent for the night, and 
 helped us to picket our animals. 
 
A TALE OF CALIFORNIA LAW. 27 
 
 IV. 
 
 MY fatiguing ride brought long and refreshing sleep ; 
 for, when I awoke, the sun, at least an hour high, was 
 glaring down upon me from behind the branches of a 
 tall pine which stood directly before the lent. The 
 other occupants of the tent were already active. Mem- 
 non was engaged in preparing breakfast, the cooking 
 of which he superintended with an ardor which all my 
 unfolded anticipations of a bright and glowing future 
 had not been able to call forth ; and Burschenwolt was 
 sitting at the foot of the pine, playing with his coyote, 
 which snarled and snapped, and in a variety of ways 
 manifested extreme disinclination to be tamed. 
 
 " Hilloa !" said Burschenwolt as he saw that I was 
 awake ; " come forth for to partake of my very great 
 bounties: beer of Westphalia wine of Avignon 
 fruits of Sicily all here spread out!" and he pointed, 
 as he spoke, to the biscuit-barrel and sundry chunks of 
 liver, which were lazily frying in the pan Memnon was 
 holding. " My comrade, I have good proposal for to 
 make to you. You see me here, an old lonely bache 
 lor no one to speak to, no one to smoke with. Often 
 I wish as I was in Gottingen. Well, no matter. How 
 you like for live with me ? We put one tent before 
 
28 THE VOLCANO DIGGINGS : 
 
 another: this be parlor that be bedroom. All very 
 grand !" 
 
 I readily assented to the proposed arrangement, as 
 I also stood in need of society ; for, although Memnon 
 was a good and faithful attendant, I sometimes found 
 that, to drive away the blues, T lacked more intellect 
 ual company. So we arranged our parlor and bed 
 room, in a style which we were somewhat afraid would 
 bring down upon us the name of being too aristocratic ; 
 and then, after finishing my breakfast, I sallied forth to 
 investigate the nature of the Volcano. 
 
 Imagine a plain about two miles wide by three long, 
 enclosed on every side by hills some rising with a 
 gentle, undulating ascent ; others composed of hard, 
 broken, .jagged rocks, standing up as steep as so many 
 Gibraltars to guard the precincts. Upon the former 
 grow the everlasting pines, towering two hundred feet 
 high not a mass of beautiful green foliage, like our 
 smaller varieties of the East, but holding forth at irreg 
 ular distances long, scraggly branches, but scantily fur 
 nished with blossoms. Upon the latter a few speci 
 mens of dwarf-oak have sprung up, to the bewilderment 
 of all such as have ever imagined fresh earth to be ne 
 cessary for the sustenance of vegetation ; or, instead, 
 prickly shrubs hang over and reach their long arms 
 down to the more favored soil below. 
 
 Behind these hills, others rise in repeated succes 
 sion, some larger and some smaller, until, as far as the 
 
A TALE OF CALTFORNIA LAW. 29 
 
 eye can reach, undulating ranges of mountain-land 
 form the scenery. And all these bear the customary 
 weight of pine, which in clear days present a beautiful 
 green boundary to the horizon ; but, when the atmo 
 sphere is at all thick, so that the view is partly inter 
 cepted with rolling clouds of mist, look white and gaunt, 
 like the ghosts of Indian warriors skirting the valley, 
 and gazing wonderingly upon the rash intrusion of the 
 whites. 
 
 Close to one side of the plain, the little groups of 
 tents are pitched in close contiguity to a stream of 
 water which gushes along at the foot of the hills, and 
 quickly is lost in the unexplored wilds beyond. A 
 few tents also stud the middle of the area but very 
 few, since the distance is too great from water, and the 
 only advantage is in having a safer place to picket the 
 mules and horses. There are jovial times here at night, 
 when the pick and shovel are thrown beside the tent, 
 and the watchfires are lighted, and the Mexicans crowd 
 around their monte-cloth, and the more steady class 
 of miners form in little groups, and, filling their pipes, 
 beguile the hours with tales of life upon the sea and 
 hunting-grounds. 
 
 Several ravines run in between the hills from the 
 plain. Most of these are small, and there the miners 
 can reach the foundation-rock at a very few feet, and 
 be certain of two or three dollars a day, with sometimes 
 more. This, however, is not sufficient to tempt the 
 
 3* 
 
30 THE VOLCANO DIGGINGS : 
 
 majority, who prefer the greater lottery of a large ra 
 vine, which burrows in among the mountains, in some 
 places, several hundred feet wide. Here holes are 
 dug twenty or thirty feet deep, until the whole area 
 looks like a vast tanyard. Hard work it is, too, grub-' 
 bing about among the close-packed stones ; and the 
 greater number find, after weeks of extreme toil, that 
 their labor is rendered ineffectual by layers of clay or 
 sudden irruptions of water. But if, by chance, the 
 proper strata are found, the reward is tenfold what can 
 be procured in the more certain deposites of the smaller 
 gullies ; and the successful miner cheerfully loads up 
 his sacks with the rich soil, and bears it down to the 
 brook, there to wash it out and separate the shiny par 
 ticles. 
 
 "But the Volcano?" I think I hear you ask. 
 Why, there are strange stories of extinct craters in the 
 neighborhood, from which, in former times, the gold 
 has been thrown up in its liquid state. Some assert 
 and I presume with truth, for I know of nothing in the 
 nature of things to throw a doubt upon the statement 
 that they have themselves wandered off and climbed 
 up where they could see the deep, black pits, within 
 which the fires, so surcharged with richness, once 
 raged. There are only a few who have proved thus 
 adventurous, however, for Polok's tribe is known to 
 be somewhere in the neighborhood no one knows in 
 which direction and Polok is currently reported to 
 
A TALE OF CALIFORNIA LAW. 3 L 
 
 ,be a most bloodthirsty fellow, bent upon taking the 
 scalp of anybody who wanders off alone from the val 
 ley. In the valley, however, his murderous propensi 
 ties never dare to display themselves ; though at dawn 
 crowds of bare-legged, copper-skinned subjects will 
 wander in from the neighboring gorges, and amuse 
 themselves in stealing whatever they can lay their hands 
 upon, whether it be a horse, a wash-bowl, or a powder- 
 horn. 
 
 It was evening by the time I had finished my explo 
 rations of the neighborhood. Then the miners, leav 
 ing some implement in the holes at which they had 
 been at work, for the purpose of securing the goodly 
 localities, began to wend their way home. The merry 
 song here and there burst forth, and the lighted camp- 
 fires threw a cheerful, ruddy glare upon the little groups 
 collected about them. 
 
 The stars were gleaming forth in countless thou 
 sands, and the night set in cool and pleasant, when I 
 again approached our tents. Burschenwolt was not 
 there, however, and I wandered off again to find him, 
 well knowing that his sociable, happy frame of mind 
 would amply suffice to drive away all desponding 
 thoughts from my breast. As I strolled on, I heard 
 loud laughter issuing from one of the tents ; and, at 
 tracted by the sound, I entered. 
 
 It was the largest tent in the settlement, and with 
 reason, for it comprised the only place of merchandise. 
 
32 THE VOLCANO DIGGINGS : 
 
 Barrels of pork, bread, and liquor, were closely ranged 
 around the sides, while sundry other articles, of a most 
 miscellaneous nature, were hung against the canvass 
 wall or from the cross-pieces of the roof. Among thesej 
 I noticed a string of onions, suspended far beyond the' 
 reach of intruding fingers the envy of the crowd 
 and ticketed at six shillings apiece. 
 
 The tent was full of miners a motley crowd, com 
 posed of Yankees, Kentuckians, and Oregon men, with 
 a fair sprinkling of Mexicans. They were sitting in 
 the most easy positions they could find among the bar 
 rels and boxes, and apparently, to judge from the jocund 
 laughter, heartily enjoying some joke which Kentucky, 
 who was seated upon the counter, was detailing. Near 
 by I perceived Burschenwolt, smoking the eternal 
 meerschaam, as he listened to the joke with easy com 
 placency. I stopped outside the tent, where the dark 
 ness concealed me, and listened for a few minutes 
 before entering. 
 
 "And that's the way I fixed his flint," said Ken 
 tucky ; " and, I tell you, that lawyer never again dared 
 come near my plantation no, never!" 
 
 A louder burst of laughter followed, and assured me 
 that the lawyer referred to must have been " fixed" in 
 a most amusing manner. I felt some anxiety to hear 
 the story, but it was already finished, and I had no 
 resource but to bear my disappointment like a man. 
 
 "He took Sam Golee's farm from him, however," 
 
A TALE OF CALIFORNIA LAW. 33 
 
 Kentucky continued. " Sam hadn't much spunk, and 
 the lawyer picked a quarrel and came around with writs 
 and warrants, and all that, until one morning Sam woke 
 up and found he had nothing left. So he went to Texas, 
 he did." 
 
 " Glad there's none of that business here," another 
 one observed. "If there was, I'd keep dark about 
 that vein I struck yesterday. Feared he'd get it all 
 away from me." 
 
 " Humph ! they say there is one here. Long chap 
 came yesterday." 
 
 A universal burst of indignation followed the an 
 nouncement ; and sundry persons expressed their ab 
 horrence of the monster who had dared to invade the 
 peaceful precincts of the Volcano, in the prosecution of 
 his demoniacal craft. One man slapped his hand up 
 on his pistol, and expressed his opinion that if the fel 
 low came near him, he'd catch it, he guessed. Of 
 course, I began to feel very pleasant as I listened to 
 these comments upon my character and destiny. 
 
 " Reg'lar take in !" said Kentucky. " Met the chap 
 on the road myself. Invited him up here, for he did n't 
 know where to go. Didn't know he was a lawyer, till 
 Burschenwolt here accidentally let it out." 
 
 " Good fellow for all that," muttered Burschenwolt. 
 " Have seen many a man as is worse." 
 
 This favorable comment was not attended to, how 
 ever ; for just then I felt some one jostle against me 
 
34 THE VOLCANO DIGGINGS I 
 
 and Pickle Jack, who had at length managed to sober 
 himself sufficiently to prosecute his journey, plunged 
 into the tent. His appearance was the signal for a 
 universal excitement, in which Burschenwolt was sunk 
 to nothingness in importance : for every one pressed 
 forward to shake the new-comer by the hand, so that 
 it was evident that, in spite of his bad habits, filthy 
 apparel, and overbearing mien, Pickle Jack was some 
 thing of a favorite. 
 
 " Avast !" said Pickle Jack, when he had kissed 
 some, leered at others, and shaken all by the hand, be 
 sides patting them on the back; how's all in the old 
 Volcano ? Any new ones ?" 
 
 "One a lawyer, they say. S'pose he thinks he 
 can play off his tricks on us." 
 
 Pickle Jack had probably never had any property 
 to be angled for by our fraternity ; but that did not at 
 all diminish the fury with which he jumped up and 
 swore a great oath that if the fellow poor I ever 
 ran athwart his cable, he'd smash his figure-head, &c., 
 &c., &c. The rest, always excepting Burschenwolt, 
 all said likewise ; and as I perceived that they were 
 about to commence 'drinking, and knew not what the 
 influence of liquor might tempt them to, I used discre 
 tion, and prudently forbore my intention of appearing 
 among them that night choosing rather to'slink away 
 unperceived, and wait for Burschenwolt in the loneli 
 ness and darkness of my tent. 
 
A TALE OF CALIFORNIA LAW. 35 
 
 You may think, dear C , that the prospect is 
 
 not very encouraging for me, but have patience. I 
 may possibly be some day knocked on the head, by 
 reason of the present stigma of my profession ; but if 
 I survive such risks, the day may not be far distant 
 when they will be obliged to come, in penitence and 
 tears, to seek the relief which I alone will then be able 
 to afford them. So now, for the present, adieu ! 
 
30 THE VOLCANO DIGGINGS : 
 
 V. 
 
 DEAR C : I can find no better opportunity than 
 
 the present for telling you our manner of life ; and, as 
 one day is pretty much like another, a very few words 
 will let you into the whole mystery. 
 
 I generally awake very early, but do not always get 
 up immediately. Instead thereof, I lie still under my 
 warm blankets, collecting my faculties for the day, and 
 enjoying that quiet half-hour before rising which every 
 lazy man knows how to appreciate. As I gradually 
 get more thoroughly awake, I lift my head slightly, and 
 take an observation of all things about me. First, I 
 survey our residence with peculiar satisfaction, for 
 there are few or no tents in the place which have more 
 of an air of luxury and comfort. The placing one tent 
 before another, so as to form an ante-chamber for our 
 baggage and provisions, and an inner apartment for 
 our dormitory, was a great card, and attracted consid 
 erable admiration among the other miners. But, in 
 addition to this, we put up sundry shelves for the sup 
 port of our commodities, and hung our arms and other 
 implements from the ridge-pole with tasty fastenings ; 
 so that we quite distanced our neighbors in point of 
 refinement and, indeed, have seriously thought about 
 
A TALE OF CALIFORNIA LAW. 37 
 
 giving a grand house-warrning of sea-biscuit, fried liver, 
 and hot whiskey. In short, if style and splendor of 
 living were held in proper appreciation here, as else 
 where, and I could wash myself from the stigma of my 
 profession, I verily believe that I would stand a good 
 chance of obtaining office in the settlement : but, un 
 fortunately, I am a lawyer, and the miners hold true 
 bone and muscle in too much respect to be fascinated 
 by any glitter of aristocratic show which I can make. 
 
 Having contemplated my apartments with the proper 
 amount of satisfaction, and gradually suffered my eye 
 to drop from the rifle at the top to the bag of beans on 
 the floor, and, moreover, casually glanced at Burschen- 
 wolt, who lies snoring at my side, I look without. 
 Memnon is before the door, kindling a fire or frying 
 pork at one already kindled ; and alternately swearing, 
 singing, and talking to the mules, as he snaps the dry 
 fagots in two, or sprinkles pepper and salt upon the 
 stewrpan. Occasionally he sets down the pan, and 
 straggles off to bait our animals with a fresh wisp of 
 straw ; but never fails to dart back, after a minute or 
 two, and swears very heartily if he finds a little corner 
 of a piece of pork has been too much burnt in his 
 absence. 
 
 But now the sun, which has before been obscured 
 by the thick mist that rolls up from the distant hills, 
 begins to burst forth ; and a little irregular, red ball 
 peers through the scattering rifts, like an eye. The 
 
 4 
 
38 THE VOLCANO DIGGINGS I 
 
 sounds of life and animation begin to prevail over the 
 plain ; and occasionally a miner, with his shovel on his 
 shoulder, passes my tent on his way to his favorite 
 gulch. It is evidently time for me to get up. 
 
 In a minute more I have on my clothes, and am as 
 sisting Memnon. His soul has been previously wor 
 ried with divided attentions to frying-pan and coffee 
 pot ; but now we practise the doctrine of division of 
 labor, and soon manage to expedite matters. In a 
 short time everything is nicely arranged before us ; 
 and then Burschenwolt rolls out, with his meerschaam 
 in his hand, as though he had slept with it. 
 
 He apologizes for not coming before to assist us. I 
 accept his apology with a good grace, for I acquit him 
 of any design of sponging upon our labors, knowing 
 well that he has the will to awake early, but his body 
 will not give him the way. He promises amend 
 ment. I listen with a smile, for I have heard him say 
 the same thing often before. He requests me to awa 
 ken him the next morning early. I promise to do so, 
 but inwardly determine not to ; for he looks so com 
 fortable in his dreams, that I can not have the heart to 
 disturb him. He tells me that he dreamed as he was 
 in Gottingen. I point to the swimming pieces of fat 
 pork, and ask whether Gottingen can furnish a meal 
 like that. So, with infinite good humor, we sit down 
 and crack our jokes and hard biscuit together. 
 
 Breakfast over, Memnon commences to wash up the 
 
A TALE OF CALIFORNIA LAW. 39 
 
 tin plates and cups, and I put the panniers upon the 
 horse ; while Burschenwolt lights his meerschaam and 
 sits down to smoke, playing with the coyote the while. 
 I ask him whether he is not going to work to-day. He 
 tells me that, as he has got nothing yet from his hole, 
 he is certain as there can be nothing there. Once he 
 told me that, as he picked out a good lump the day 
 before, he was certain as there could be none left. 
 And then he invariably ends up with wishing as he 
 was in Gottingen again. I ask him to start a new hole 
 with rne, suggesting that we can work more effectually 
 in company. He thanks me, but believes as he is not 
 quite well. So Memnon and I take our implements, 
 drive the horse forward, and depart. 
 
 Having arrived at our favorite gully, we take the 
 pick and shovel, and, bending forward, commence 
 loosening the heavy superstructure of stones, prepara 
 tory to getting at the valuable soil below. In this way 
 we clear off two or three feet of the surface, which we 
 throw away as worthless. It is very tough work, and 
 pretty soon we feel as though our back-bones were tied 
 up in very complicated knots. Still we keep at it, un 
 til the knots are tied up so tightly that it is impossible 
 to continue. Then I drop the shovel, and look at 
 Memnon. He drops his pick and looks at me, for he 
 knows what is coming. I put my hand in my pocket 
 and draw out my pipe. , He does the same. Then 
 we sit down on the rock and take a good long smoke. 
 
40 THE VOLCANO DIGGINGS : 
 
 Meanwhile the horse stands by with his empty panniers 
 hanging over his back, and looks at us with carious 
 gaze, as though wondering what inducement men can 
 find to move them to pass their time in collecting so 
 much dirt, when fresh grass, according to his notions, 
 would be so much more valuable. 
 
 By this time it is noon. So, after our smoke, we 
 load up the panniers, and travel down to the brook 
 where our rockers are placed. Repeated journeys as 
 sist us in collecting quite a pile of earth ; and, when 
 that business is finished, we both feel the want of a 
 little dinner. , 
 
 Returning to the tent, we find JBurschenwolt still 
 smoking his pipe ; but, in the meantime, he has pre 
 pared our meal, which is not only cooked nicely, but 
 also served up with all the style which our limited ma 
 terials admit of. We fall to ; then take another pipe, 
 at which Burschenwolt joins us with avidity, as though 
 he had n't been at it all day ; and after that, with a sigh 
 we tear ourselves away, and betake ourselves to the 
 rocker, for the purpose of washing out the earth we 
 have collected. 
 
 Another back-breaking operation commences, and 
 with ever-varying results. Sometimes we get out an 
 ounce, and consider ourselves lucky ; at other times 
 we find but a dollar or two, and then we bewail our 
 miserable lot in terms affecting enough to move the 
 genius of the place in our fayor, if there were such a 
 
A TALE OF CALIFORNIA LAW. 41 
 
 person. Once, after working hard all day without any 
 better result than a few shillings' worth of gold, we 
 turned the last panful of earth into the rocker; and 
 while Memnon was giving the last shake, and evidently 
 unbottling his supply of oaths for speedy use, a bright 
 piece of gold, worth over twenty dollars, appeared, and 
 changed our sorrow into joy. Whatever our luck, 
 however, we always return before dark, for the wash- 
 pan is needed in the preparation of our slapjacks, and 
 after that the horse and mules must have their supply 
 of meal from it. 
 
 So the labors of the day conclude. Each evening, 
 after we have supped, I feel called upon to state that 
 mining is all a lottery, as though it was an original 
 discovery of my own ; and Memnon invariably re 
 sponds with a' "Yes, sar!" Burschenwolt also adds 
 his testimony to the fact, expresses his opinion that it 
 is a very poor kind of lottery, and wishes as he was 
 in Gottingen. 
 
 " I should think," said I, one evening, after my as 
 tonishing remark had elicited the customary responses 
 "I should think you would do better in the settle 
 ments." 
 
 " Why you say so ?" 
 
 "You are a man of talent, and of a kind which is 
 peculiarly fitted for this country. You understand 
 geology and mineralogy to perfection. Could you not 
 get some employment in making surveys of the country, 
 
 4* 
 
42 THE VOLCANO DIGGINGS I 
 
 and thus assist those who, wishing to develop the real 
 resources of the land, and having the capital to work 
 with, lack the talent?" 
 
 Burschenwolt knocked the ashes out of his pipe, 
 filled up again, and, for a minute or two, sat smoking 
 in a very melancholy mood. At length he spoke : 
 
 " Try it once. That enough for me." 
 
 "How so?". 
 
 " Year ago, I land in this country. I have three 
 hundreds dollars. I want to go prospecting, but no 
 one want to hire me. I say I good geologist, miner 
 alogist, botanist, naturalist, and all that but no good. 
 At last one man say to me, ' You know for to survey ?' 
 I tell him I do, 'and he want me to lay out city for 
 him. He promise as he would give me twenty dollars 
 a day." 
 
 " I consider that a very fair opening," I said. 
 
 "Wait," said Burschenwolt; "you then see! 
 Where I go to lay out city, it all flat ; no trees no 
 houses. I work three months and finish. My three 
 hundreds dollars all gone, for I must eat ! Never mind 
 ' I take no care. My employer owe me 'most two 
 thousands dollars, I say. I go to him, and he say he 
 have no money, and that I must take my pay in his 
 city lots. He give me twenty lots. What I want 
 of them ? The city turn out a failure. My money 
 gone no other employment for me. So I come 
 here." 
 
A TALE OF CALIFORNIA LAW. 43 
 
 11 That was rascally," I said. 
 
 " Sure !" Burschenwolt replied ; " what I want city 
 lots for?" 
 
 " But they may rise in value." 
 
 " Never good for anything: too many cities. How 
 ever, when I leave, I show lots to lawyer, and tell him, 
 if ever good for anything, to sell out, and I give him 
 part. But what use ? I go down eight months ago, 
 and only one house there. No give me half my 
 two thousands dollars, and I give you my dam city 
 lots!" 
 
 The retrospect of his troubles made Burschenwolt 
 very melancholy for a few minutes ; and, sinking his 
 head in his hands, he appeared plunged into deep re 
 flection. By-and-by he arose, and, without speaking 
 a word, went into the tent, threw off his coat, and lay 
 down beneath his blankets. 
 
 The watchfire began to burn low ere I retired ; but 
 at length I also went in, and lay down by the side of 
 my companion. Looking through the open door, I 
 could see the stars glimmering in the heavens ; and, 
 as I marked their peaceful light, I felt enraged almost 
 that they could shine down so quietly when so much 
 wrong and injury was being transacted upon earth. 
 Even the coyote seemed to have the same thoughts ; 
 for t could see him walking restlessly up and down, 
 dragging his chain after him, and baying the sky with 
 the most deafening howls. Once I thought that the 
 
44 THE VOLCANO DIGGINGS I 
 
 noise had awakened Burschenwolt, for he turned over 
 upon the other side and muttered something ; but, as 
 I leaned over to catch the sound, I heard only the 
 word " Gottingen" and then I knew that he was 
 still asleep. 
 
A TALE OF CALIFORNIA LAW. 45 
 
 VI. 
 
 ONE evening, as I sat in the door of my tent, rolling 
 the few grains of gold in my little buckskin purse, as 
 I held it between my thumb and fore-finger, and won 
 dering whether the purse would ever get full, and how 
 much it would then be worth, I noticed a strange-look 
 ing figure approaching. The man must have been full 
 six feet two inches in height, and possessed a counte 
 nance in which the strangest compound of character 
 was written that I had ever seen. He appeared bold 
 and determined, yet shy and reserved. There were 
 the signs of education, even genius, in his high and 
 broad forehead ; and yet the lower part of his face 
 showed, not vulgarity, but an evident acquaintance 
 with vulgarity, which might some time degenerate into 
 the extreme of coarseness. Though, from every mo 
 tion he made, and from the little proprieties he made 
 use of, evidently unconsciously to himself, I was con 
 vinced he must some day have seen the best of society, 
 and not been able entirely to warp his mind from its 
 influence, yet a certain hatred of the world and disgust 
 of everything but the backwoods seemed to shade every 
 feature of his face. 
 
 In costume, he was just as peculiar. Long, loose 
 
46 THE VOLCANO DIGGINGS : 
 
 pantaloons of white duck almost covered his feet, and 
 were only held up by a red-silk sash tied tightly about 
 his waist. So far, you would have taken him for a 
 sailor, but the next step destroyed any such hypothe 
 sis ; for a thick Mexican poncho hung about him from 
 his neck. A luxuriant black beard streamed down in 
 front half way to his waist ; and a large blue handker 
 chief was tied about his head in place of a hat, and 
 was arranged with considerable taste in large folds so 
 as to resemble a turban as much as anything else. 
 And, in spite of the singularity of such a costume, it 
 was scrupulously neat, and on him looked well, though 
 it might have appeared hideously upon any one else : 
 for the wearer, setting aside those certain contradictory 
 expressions of his features which I have mentioned, 
 and which to many people would not have appeared 
 at first sight, was rather a handsome man, and yet in 
 his prime, being apparently not over thirty years old. 
 
 " Who is he?" I inquired of Burschenwolt. 
 
 " ' Gobin,' they call him. There his dog after him. 
 They call dog * Gobinette,' or ' Little Gobin.' See 
 they no look alike?" 
 
 I confessed, when I looked at the little terrier, trip 
 ping along behind his master, that I could not see 
 much resemblance ; but waiving the discussion of that 
 question, I inquired who Gobin might be. 
 
 "Who knows? Some say he Scotchman some 
 say from Tennessee. Many try to find out ; no use, 
 
A TALE OF CALIFORNIA LAW. 47 
 
 though. He must just be back from settlements, for 
 no seen him for long time." 
 
 " Well, I must get acquainted with you, my good 
 friend Gobin," I said, as I watched his retreating 
 figure. 
 
 "Hard thing to do," muttered Burschenwolt ; and 
 we said no more on that subject. 
 
 I found, upon inquiry, that it was an exceedingly 
 hard thing to do ; for many had made overtures of 
 friendship, which had all been repulsed some neg 
 lectfully, and some a little too bluntly to go down well 
 with the social spirit of the great mass of the miners. 
 My curiosity, however, had been excited, and I deter 
 mined to make the effort whenever a suitable opportu 
 nity should offer. 
 
 The next evening, Gobin passed, on his way home, 
 at about the same hour ; and, as he came within a few 
 paces of our campfire, I ventured a " Good-evening !" 
 He merely looked at me, however, and walked on a 
 little more quickly, while Gobinette showed his teeth 
 and snarled. 
 
 The next night, however, he returned my saluta 
 tion ; while his dog merely lowered his head sullenly, 
 arid trotted on silently. The third night, I asked him 
 if he would have some tobacco, which he declined, 
 stating that he had plenty. The fourth night, he said 
 he would have some, if it was of the right quality. 
 Probably finding it to be of the right quality, he came 
 
48 THE VOLCANO DIGGINGS : 
 
 for some on the fifth night without waiting for an invi 
 tation. Then for some days I saw nothing of him, 
 and began to fear lest he had escaped me, after all 
 when, one morning, as I was resting myself on the 
 top of my shovel, and waiting for Memnon, who had 
 gone back to the stream to fill the canteens with water, 
 Gobin came striding over the hill, seated himself within 
 a pace of me, motioned Gobinette to lie down at his 
 side, and asked me how I did this hot weather. 
 
 I told him I was well ; and then there was a long 
 silence. It was evident that Gobin wished to say 
 something of a more particular nature than common, 
 every-day salutations, and I judged that I would not 
 be likely to aid him by giving vent to any indifferent 
 remarks. At last it came. 
 
 " Stranger, I like you," he said. 
 
 I expressed my gratification at such a commendatory 
 opinion, and hoped that nothing would ever happen to 
 lower me in his present estimation. 
 
 "Look here!" said he, seizing me by the arm 
 whereat Gobinette growled as though he were a sher 
 iff's dog, assisting in an arrest "I have wandered 
 over most of this little world of ours, and seen every 
 variety of life. I have lived among princes and sav 
 ages have slept in palaces and wigwams. There 
 have men of almost every kind and character met with 
 me as social acquaintances, but I have never yet found 
 a friend. I have longed for years to stumble over such 
 
A TALE OF CALIFORNIA LAW. 49 
 
 a rarity, but without success. No one whom I could 
 trust has crossed my path ; and, as year after year of 
 solitary life solitary as respects communion of mind 
 with mind I mean, for much of my existence has been 
 passed in crowds has gone over me, I have some 
 times been wrought up to mental frenzy for want of 
 some one in whom I could confide. I am now tired 
 of expecting to meet such a person, unless I look for 
 him. Will you be my friend ?" 
 
 I answered that I should be happy to serve him in 
 that capacity, but doubted whether I should be able to 
 equal his expectations. 
 
 " I expect not that you will die for me," he said. 
 " The days of Damon and Pythias have long passed 
 away. But if I can come, now and then, of an even 
 ing, and talk with you, instead of moping in the soli 
 tude of my tent and if, more than all, I can be sure 
 that whatever confidence I put in you shall be sacred 
 it is all I ask." 
 
 I, of course, promised all this, and fervently grasped 
 the hand which he held out to me. In doing so, I 
 noticed upon one of his fingers a large ring with some 
 thing that appeared like a crest engraved upon it. He 
 observed my curious glance, and muttered something 
 about old associations not to be parted with, or some 
 words to similar effect. 
 
 " But come," he said, " I will tell you my story, 
 since we are to be friends" and the whole course of 
 
 5 
 
50 THE VOLCANO DIGGINGS : 
 
 his life bubbled out before me, with a distinctness which 
 surprised me until I reflected that a man of reserved 
 habits and disposition is generally the most apt to ten 
 der the fullest confidence when once aroused, as though 
 long abstinence from confession produced such an in 
 creased appetite as not easily to be controlled. 
 
 It appeared that he was of a high Canadian family, 
 and, in some distant manner, connected with a former 
 governor-general. His real name, of course, was not 
 Gobin the latter being an appellative acquired in the 
 West, and which he was well contented to respond to, 
 as it answered all the purposes of disguise. He. how 
 ever, told me his family name ; but, for obvious rea 
 sons, I will not ^mention it. 
 
 Having begun life with a fortune, and considering 
 a college career the most agreeable way to spend it, he 
 entered at Toronto, where, being of a finely-cultivated 
 understanding, he bade fair to run an honorable career. 
 This, however, was interrupted by a sudden fit of dis 
 gust at some fancied insult from one of the professors, 
 under the influence of which he resigned his place 
 and left, covered with debts of all kinds. All was not 
 lost, however ; for, clearing himself by the sale of his 
 last paternal acres, and then having a few thousand 
 pounds left, he entered a foreign embassy, in which he 
 spent most of the remains of his fortune. Then, those 
 whom he had considered his friends, left him ; and he 
 returned with a heart embittered against the world, a 
 
A TALE OF CALIFORNIA LAW. 51 
 
 feeling of which he yet bore the impress. The sequel 
 was as remarkable as any of the rest of his life. He 
 penetrated the wilds of Upper Canada, and for some 
 time lived among the fur-hunters and friendly Indians, 
 by which he acquired many of their customs, and from 
 habit began to like such an unrestrained kind of life. 
 A sudden quarrel, in which he dangerously wounded 
 one of the hunters, obliged him to flee to our western 
 states. Thence it was but a few steps to California. 
 
 " And there you have my life !" said he, bitterly 
 " a story of neglected opportunities and headstrong 
 passion. I have now become so used to the wilder 
 ness, that I doubt whether I could return to civilized 
 life with any comfort ; though such is the contradic 
 tory nature of mankind, that, in spite of such doubts, 
 I am continually longing for an opportunity to retrieve 
 myself. Anyhow, I can say this : if I had had one 
 good friend to counsel me, and draw me away from 
 dissipation, all this would not have happened. But 
 they were all alike ready to consort with me while 
 my money lasted, and all the time making great pro 
 fessions of friendship ; but, afterward where were 
 they?" I 
 
 "You should have married," said I. "Of course, 
 I know nothing about such a state, but they tell me 
 that a wife is the best friend a man can have." 
 
 " Would you believe," said he, " that the only wo 
 man in whom I could ever take an interest I found in 
 
52 THE VOLCANO DIGGINGS : 
 
 the wilds of Tennessee, in a plain, log-built cabin ? 
 Ay, the beauties who dazzled society had no attraction 
 for me ; but the simplicity of one who, in my native 
 place, would have been looked down upon as the dust 
 and slime of the earth, first made this heart of 'mine 
 throb with love. I would have lived with that pure 
 young girl in the meanest cabin ever erected by 'man. 
 But it was fated not to be." 
 
 "And why?" 
 
 " Why should I, the consort of wandering, rough 
 hunters, be there equal with men who, though they did 
 not begin life with a fortune, had their comfortable 
 houses and their thriving farms? No my suit was 
 kindly but decidedly rejected ; and, when I perse 
 vered, her brother ordered me from his house. I do 
 not complain of him. I was a wandering, unsettled 
 character; and, as he cared for his sister, he did right. 
 But the form of that young girl has followed me across 
 the mountains ; and though she can never be mine, yet 
 I would die to do her service." 
 
 I was about to make some answer in sympathy, but 
 he stopped me. 
 
 " Nay, no more of that. I have told my tale, that 
 you may know what sort of a fellow I am, and thus 
 be able to account for any absurdities which you may 
 notice in my conduct. But spare your sympathies, 
 or at least do not express them ; for such talk sounds 
 too much like the hollow courtesies of the world I 
 
A TALE OF CALIFORNIA LAW. 53 
 
 have left behind me, to be real. Let actions some 
 time attest your sense of sympathy. And here comes 
 your man Friday : so, for the time, farewell !" 
 
 I looked up, and saw Memnon come prancing over 
 the hill, with the well-filled canteens jingling together 
 over his shoulders ; and when I turned again, Gobin 
 had gone. 
 
 
 
54: THE VOLCANO DIGGINGS : 
 
 VII. 
 
 THE next morning, I was enjoying my latter snooze 
 with a very dim perception of the outward world, and 
 a remarkably distinct realization of the pleasurable 
 warmth of two thick, shaggy blankets, while in my 
 heart I was laughing derisively at the effeminacy of 
 men who desired the additional luxury of sheets. For 
 I was very well satisfied with myself. The afternoon 
 before, just as I was preparing to leave off work for 
 the night, I had exhumed a bright lump of gold weigh 
 ing upward of half a pound. Think of it, dear C ! 
 
 How many mortgages would you be obliged to fore 
 close, or notes to collect, ere you could make what I 
 made with a single thump of my pickaxe! though, 
 to tell the truth, it is not every day that I dig up as 
 much, and in the long run I seriously doubt whether 
 my gains will average those of a third-rate attorney in 
 our eastern home. 
 
 But never mind : I was in very good temper, for 
 why should there not be another lump somewhere near 
 the last, or perhaps several, and why should not some 
 of them be even yet larger? So I had about worked 
 myself into the belief that my fortune was made, and 
 that I should have nothing to do but to throw away 
 
A TALE OF CALIFORNIA LAW. 55 
 
 my rifle, come home, and buy a villa on the Hudson, 
 when Memnon, with an excited look, came to the door. 
 
 "Sar?" 
 
 Well !" 
 
 " Teams coming!" 
 
 And he vanished as suddenly as he appeared, with 
 out further explanation, and leaving me none the wiser 
 for his information. 
 
 What teams? from where? If Memnon had told 
 me that a caravan was coming down from the moon, I 
 should prohably have lain quiet in my warm blankets, 
 and said, " Let it come ;" but my curiosity was now 
 excited, and, after a minute, I rolled out to take an 
 observation, closely followed by Burschenwolt. 
 
 I found some slight commotion in the settlement. 
 One of the more daring miners, who had been off on 
 a prospecting expedition among the eastern hills, had 
 got back that morning, after camping out in the bushes 
 part of the night a few miles off; and had brought the 
 information that some of the overland teams were com 
 ing in, in that direction, and would probably soon ar 
 rive. Upon being asked how many, he said he did 
 not know ; he had seen two from the top of a neigh 
 boring mountain, and perhaps there were more in the 
 gorges between. 
 
 The information, slight as it was, proved sufficient 
 to suspend all work, while the miners anxiously waited 
 for the approach of the strangers. Some were desirous 
 
56 THE VOLCANO DIGGINGS : 
 
 of hearing about friends who had undertaken the over 
 land journey to the land of golden promise ; others, 
 having no friends on the route, possessed a lively cu 
 riosity to hear about the general prospects of the sev 
 eral trains. Some appeared to dislike the thought of 
 the expected arrival, and prophesied that the train might 
 be a long one ; in which case, if it tarried with them, 
 instead of proceeding at once to the settlements, all the 
 eligible places for digging would soon be occupied. 
 But the greater part of the miners seemed pleased at 
 the approach of any excitement. Among them I no 
 ticed the storekeeper, rubbing his hands in ecstasy ; 
 for he knew that the overland parties generally came 
 in with their provisions pretty much exhausted, and he 
 owned sundry barrels of pork and flour, upon which 
 he trusted to realize a large profit. 
 
 Toward ten o'clock, then, we saw dark objects 
 moving over the rounding top of one of the hills. The 
 next minute they proved to be cattle, for the big white 
 top of a caravan-team immediately followed. One 
 more, and only one, soon appeared ; and then the 
 miners mounted their horses, or, running off on foot, 
 hastened to the scene, for the purpose of scrutinizing 
 the strangers, learning the news, and offering assist 
 ance, if any was required. 
 
 Burschenwolt, Memnon, and myself, accordingly 
 followed the general example, and arrived at the re 
 quired point about the same time with the rest of the 
 
A TALE OF CALIFORNIA LAW. 57 
 
 settlers. Upon examination, we found the first of the 
 wagons to be in charge of two raw-boned Indiana 
 youths, of athletic proportions, who looked as though 
 they had lived with cattle all their lives, and whose 
 only word with us was, that they had started from Fort 
 Independence five months before, and had had a pretty 
 smart race of it to get in so soon. 
 
 Despairing of obtaining any more news from these 
 two specimens, we rode off to the second of the wag 
 ons, which was at some little distance off. It was 
 drawn by six oxen, which appeared to be in good con 
 dition ; and, to the disappointment of the storekeeper, 
 the provisions were not all exhausted enough re 
 maining to supply a respectable-sized company for 
 weeks. A stout, good-looking young man was dri 
 ving, occasionally turning round to speak to some one 
 within. 
 
 I turned to the back of the wagon, and took a peep, 
 expecting to find a sick man, or perhaps only a dog; 
 but, to my surprise, I beheld quite a pretty-looking 
 young girl, about eighteen years old. She bore such 
 a strong family likeness to the young man driving, that 
 I knew he must be her brother. She was sitting side- 
 wise, upon a barrel of biscuit, with a piece of knitting 
 in her hand ; and, as occasionally she turned her head 
 to take up a stitch, I was enabled to take a good look 
 at her without being seen. 
 
 You know, dear C - , that we both have seen a 
 
58 THE VOLCANO DIGGINGS I 
 
 great many pretty girls in our lifetime ; but I would 
 challenge any array you could make from the city, to 
 equal this blossom in the wilderness. Her hair was 
 but pshaw ! you will not expect me to go, novel-like, 
 into a description. Suffice it to say, that she was 
 beautifully formed, and had one of the sweetest expres 
 sions imaginable, while the plain dress which she wore 
 seemed to add to the charming simplicity of her ap 
 pearance. I foresaw, at once, that if they stayed any 
 time in the settlement, half the miners would be get 
 ting in love with her. 
 
 I turned to look for Burschenwolt, in order to point 
 her out to him, but he was gone from my side. While 
 I had been peeping through the crevices of the can 
 vass, he had heard the brother say something in Ger 
 man, and instantly he had run to hold a conversation 
 with him. You know how naturally clannish the Ger 
 mans are. This case was no exception ; for, although 
 the brother appeared exceedingly offish and reserved 
 to all around him, yet it was not two minutes ere he 
 and Burschenwolt were jabbering away in High Dutch 
 with the greatest volubility : and the next I saw of 
 Burschenwolt was at the place which they seemed to 
 have selected for halting and pitching their tents. Bur 
 schenwolt was politely helping the young damsel from 
 the wagon, while the brother stood calmly by, unhitch 
 ing the oxen, and looking as though he would knock 
 anybody on the head who dared attempt a like piece 
 
A TALE OF CALIFORNIA LAW. 59 
 
 of intimacy. " Truly," thought I, " Burschenwolt is 
 a lucky fellow !" but then, as I reflected that it need 
 ed but those bright eyes to set him crazy, and make 
 him lazier than ever, I felt that many a more fortunate 
 event might have happened to him. 
 
 " You see they leave Tennessee with large compa 
 ny," said Burschenwolt, when we met at evening, and 
 I had had an opportunity to put the question to him ; 
 " but when get this side of Snowy Range, all rest 
 branch off to Upper Mines. So they come in alone 
 with Indiana boys." 
 
 "But who are they?" 
 
 "Hoffengel their name. They come over from 
 Germany (I would be glad as I was there !) when 
 quite young, and settle in Tennessee. Then father 
 and mother both die and brother left alone with sis 
 ter. Then things no go right, and sheriff seize their 
 house for debt so come here to try what to do." 
 
 " She must be a hardy girl to stand the journey," I 
 said. 
 
 " Ah, her brother take good care of her no make 
 her work any. Fine girl, though ! Not every girl as 
 could do as much" and I thought he spoke with 
 considerable feeling, mingled with devout admiration. 
 
 " You are fortunate in getting so soon acquaint 
 ed." 
 
 " Ah, German know German at once in strange coun 
 try, so get along very well. Some others look jealous 
 
60 THE VOLCANO DIGGINGS I 
 
 at me, but what I care ? Ah, ha ! you should have 
 see Gobin." 
 
 "What of him?" I demanded. 
 
 " Why, when he see who I talk with, he turn pale 
 as sheet ; and then he come forward a step or two, as 
 though want for knock me down, and then go back as 
 though he knew the girl, but no want her to see him. 
 Never see man act so strange." 
 
 In an instant the whole thing flashed upon me, and 
 I muttered the words " Tennessee," " Gobin," and 
 " turn pale," mechanically, in my amazement. Then 
 I tried to banish the suppositions which arose within 
 me, as too absurd and unlikely ; but still they returned 
 with additional force, as I reviewed what Burschen- 
 wolt had told me of the poor man's conduct. Hardly 
 knowing what I did, I arose, and, without putting on 
 my hat, walked to the door. 
 
 " Why you go?" said Burschenwolt ; "better stay 
 for smoke." 
 
 " I must go," I merely said ; and I left him with the 
 intention of seeking Gobin, and ascertaining whether 
 my suspicions were correct, or rather of discovering 
 the state of his mind ; for I could not doubt the con 
 nection of the young girl with what he had told me the 
 day before. But Gobin was not in his tent, nor yet in 
 the store ; and I was returning, after my fruitless search, 
 when I noticed I was passing the place where the new 
 comers had pitched their camp. 
 
A TALE OF CALIFORNIA LAW. Gl 
 
 A large neat tent had been carefully stretched over 
 its poles, and beside it stood the wagon ; while the 
 oxen were quietly grazing one side, in utter uncon 
 sciousness that this night's bivouac was not like the 
 rest, but that their labor was over. From the interior 
 of the tent a bright light shone, and merry voices in 
 side assured me that the brother and sister had already 
 arranged their few articles of housekeeping, and were 
 now making themselves pleasant at the successful ter 
 mination of their journey ; and, as I passed on, the fold 
 of the canvass-door was thrown one side, and the young 
 girl stepped forth. 
 
 At a distance safe from observation, I leaned against 
 a giant pine, and gazed at her, as she looked up at the 
 sky, and seemed to be muttering her evening prayer. 
 
 Never before, dear C , had I seen a face with so 
 
 much sweetness and Madonna-like expression im 
 pressed upon every feature. I stood, and, as it were, 
 drank in each holy feature ; and, as I watched the trem 
 bling of her lips and the moistened beauty of her swim 
 ming eyes, I almost felt as if I could have worshipped 
 her. Full of strange, inexplicable feelings, I was about 
 to tear myself away when I heard a quick step, and 
 a scream, and saw her struggling in the arms of Pickle 
 Jack, who, as usual, was beastly drunk. 
 
 " One kiss, my pretty bird !" I could hear him say. 
 
 I was about to dart forward, but was too late ; for 
 her brother leaped from the interior of the tent, and, 
 
 6 
 
62 THE VOLCANO DIGGINGS : 
 
 like a very fury, dashed the fellow to the ground, and 
 then spurned him with his foot till I thought he would 
 kill him, while the girl, weeping at the outrage, fell 
 back within. 
 
 " There will trouble grow out of this," I said to my 
 self, as I watched the sailor raise himself slowly and 
 retire, shaking his fist at the brother, and muttering 
 oath after oath of deep revenge. 
 
 And I returned to my tent. 
 
A TALE OF CALIFORNIA LAW. 63 
 
 VIII. 
 
 MY first business the next morning was to make a 
 further search for Gobin to the furtherance of which 
 I even consented to give up, for the time, any endeavor 
 to rescue those other lumps of gold from their native 
 soil, thereby remaining one other day idle. But my 
 search was short : for hardly had I left our tent, when 
 I perceived Gobin standing beside a dwarf-oak, at 
 some little distance off. His head-dress was pulled 
 over his eyes, and his head was bent to the ground ; 
 and, as he stood without so much as moving an inch 
 from his position, it struck me that he looked remark 
 ably disconsolate. 
 
 I walked quickly toward him ; and then, as I came 
 near enough for him to he-ar my footsteps, he started 
 for the first time. I noticed, for an instant, a wild gleam 
 in his eye which confirmed me in an opinion I had 
 already begun to entertain, that his peculiar manners 
 were not so much the results of any particular eccen 
 tricity, as the development of some slight features of 
 hereditary insanity, which the roughness of western life 
 might have excited in a frame already broken down 
 with the excesses and wild irregularities of youthful 
 dissipation. I felt that, though his malady might not 
 
64 THE VOLCANO DIGGINGS I 
 
 be sufficiently advanced to attract observation in per 
 sons who were not well acquainted with him, yet he 
 was in that state of mind in which a little provocation 
 might more fully develop its seeds, and give rise to deeds 
 to bloodshed ; and that, as I appeared to be the only 
 person to whom he had made any proffers of friendship, 
 it was my duty to watch over him carefully, though 
 without exciting his observation, and thus strive to pre 
 vent any serious consequences. 
 
 " Gobin !" I said, touching him on the shoulder. 
 
 He looked at me, but said never a word. 
 
 " Why so sad, man ? Cheer up a little bit !" 
 
 He stammered, and hesitated, and for a moment 
 seemed to forget that he had requested my friendship, 
 and appeared as though deliberating whether or not to 
 hasten my departure by some summary, harsh words. 
 
 "You know, Gobin, that you wished me to be your 
 friend, and told me that the time would come in which 
 I could test my feelings by actions. Now you seem 
 as though you needed counsel of some kind. Out 
 with it, man !" 
 
 " Tf you knew all " he commenced. 
 
 "I do know all," I said deeming that he would 
 not take offence if I saved him any explanations 
 " about the German girl w r ho arrived yesterday, from 
 Tennessee your old love. All that I know, as well 
 as you do." 
 
 Contrary to my expectations, he seemed to manifest 
 
A TALE OF CALIFORNIA LAW. 65 
 
 no surprise at my knowledge, unless in the single mut 
 tered exclamation, " How strange !" 
 
 " Not at all strange," I answered. " Any one who 
 had heard your previous story would have guessed at 
 the same by marking the way in which you met her. 
 Why, man, you must keep your feelings closer, or the 
 whole mine will notice that something has gone amiss." 
 
 "It's hard very hard !" he muttered. 
 
 " Well, yes," said I, in a somewhat doubting tone ; 
 " but every one thinks the same things when he is un 
 fortunate in his love affairs : and I never knew any 
 one yet who did not bravely get over it in a very short 
 time. Now, Gobin, let me tell you what to do. Work 
 hard, and get your pile. Then go to the East with it ; 
 rejoin the society which you so summarily left ; look 
 out for some girl suitable to your tastes ; and, trust 
 me, the time will come when you will forget all about 
 the German girl or, if not, feel as though you were 
 ready to dance at her wedding with the best of them." 
 
 Very good advice indeed, and which every despair 
 ing lover gets from some kind friend or other, without 
 producing the least effect. In this case also it entirely, 
 failed, for Gobin uttered some contemptuous expres 
 sion, with a lip very much curled up, and, ere I could 
 stop him, turned upon his heel and walked off at a 
 very quick pace. I attempted to follow, but he moved 
 his hand repulsively at me, and hurried on still faster. 
 
 " Go !" I muttered, for the time out of all patience 
 6* 
 
66 THE VOLCANO DIGGINGS: 
 
 "go, and, in your sullen fits of discontent, see if 
 your favorite solitude will cool down your mind any 
 better than the suggestions of one who would be your 
 friend if you would let him." 
 
 But, in a minute, I cast these unjust reflections 
 aside, and felt more inclined to pity poor Gobin 
 considering that my advice, though well meant, was 
 perhaps rather harshly put ; and that, with a little more 
 thought, I might have given him much better encour 
 agement. And, as I remembered the almost insane 
 expression of his eyes, I determined to keep a close 
 watch on him, and if possible, by salutary treatment, 
 obviate any unpleasant consequences which might 
 threaten to ensue. 
 
 While I was engaged in such cogitations, I suddenly 
 noticed that I had approached the tent of the new 
 comers, and it struck me that it would be a very good 
 idea to become acquainted with them; so that, by get 
 ting myself into their confidence, it might be possible 
 to learn some traits in Gobin's character, the consider 
 ation of which would enable me to settle upon a course 
 of action suitable for the gradual eradication of his fatal 
 passion. With this view I approached, and made my 
 presence known by a loud "Hem !" and then, with 
 the easy air of a lounger, endeavored to open a con 
 versation. 
 
 " Fine day," I said. 
 
 The brother was splitting up some wood, while the 
 
A TALE OF CALIFORNIA LAW. 67 
 
 sister was sitting upon a camp-stool half in and half 
 out of the tent-door, and busily engaged in kneading 
 up some flour. As I made my original observation, 
 she moved back till the canvass-flaps fell over her and 
 hid her from view ; while he merely looked up for a 
 minute, and made some gruff and inarticulate reply. 
 
 " Pleasant treatment," I thought, and I felt inclined 
 to give it up ; but I determined to make one more trial, 
 and so seated myself upon the grass, and commenced 
 playing with my knife, in the way boys play "mumble 
 the peg." The brother looked savagely at me for a 
 moment, as though wishing to find some pretext for my 
 expulsion ; but, as he did not happen to have the fee- 
 simple of the land near his tent, there was nothing left 
 for him to do but to go on with his work, which he did 
 without making any remarks about my pastime. 
 
 " Been digging yet?" I said, after a long silence. 
 
 "No," he gruffly said, and moved off a little way 
 farther from me ; while, upon glancing around, I no 
 ticed that his sister had watched her opportunity, and, 
 while I was not looking, had drawn her pan of flour 
 after her into the tent. 
 
 " Hem !" I muttered, pretty thoroughly abashed, and 
 a longer silence ensued. But then it suddenly occurred 
 to me that no one could be likely to detect a gentleman 
 in such clothes as I wore, and that perhaps he thought me 
 to be some mere ignorant loafer, whose society would 
 be disreputable and troublesome. " Egad !" I thought, 
 
68 THE VOLCANO DIGGINGS I 
 
 "I'll give him one more trial, and endeavor to show 
 him that, in one respect, I am a little better than I 
 seem." So I cleared my throat, and commenced 
 again : 
 
 "Pretty fair specimen of mountains here, eh?" 
 
 " Yes but I haven't time to talk about them now," 
 was all the answer I obtained. Still I persisted. 
 
 " Now, your famous Hartz mountains of Germany 
 could hardly be wilder in their aspect than these. I 
 have often fancied that this might be the very place for 
 the dwelling of some Mephistopheles." 
 
 I saw I touched him there, and in a favorite spot. 
 He stopped in his work for a moment, and looked at 
 me in some surprise, as though wondering how such 
 a rough, sailor-looking fellow as I should speak about 
 Mephistopheles, in preference to Davy Jones. 
 
 ''Are you fond of Goethe?" I asked, seizing the 
 opportunity. 
 
 "Passionately," he exclaimed, as what German in 
 a foreign country is not? 
 
 "And Schiller?" 
 
 "Yes," he answered, looking more and more aston 
 ished. 
 
 " So am I," was my answer. " How finely these 
 lines of his chime in with the present scenery !" and 
 I repeated a stanza or two of the English translation. 
 He almost was ready to fly into my arms as I spoke. 
 
 " But come, I have already whiled away too much 
 
A TALE OF CALIFORNIA LAW. 69 
 
 time," I said, rising as if about to go ; but I knew that 
 the desired impression had been made, and that he 
 would not let me depart without some further commu 
 nication. I was right. 
 
 " Stay," he said, " I thought you were " and he 
 hesitated. 
 
 "Very probably," I replied, "for but few of my 
 quondam associates of the New- York bar would recog 
 nise me now. A red shirt and a ragged hat give but 
 few appearances of the former gentleman." 
 
 " And I have been rude to you," he said, somewhat 
 painfully. " You must forgive it, sir. You know that, 
 having my sister with me, it is necessary to be on our 
 guard against forming intimacies with strangers ; and," 
 he added, while his eyes flashed fire, " I was obliged 
 to avenge an insult to her only last night." 
 
 " I am not one, however, to insult any lady. But 
 good-day," I said, pretending to be about going. 
 
 "Won't you stay a little time longer, sir? We 
 need good company, when we can find it." 
 
 I pretended to hesitate. 
 
 " And there comes a good friend to join us," he 
 added, pointing to Burschenwolt, who was gayly corn 
 ing along, dragging his coyote after him. 
 
 " My chum," I said. 
 
 " Ah? then you are the person he mentioned to us 
 last night. So stay." 
 
 I consented. Burschenwolt came up, the sister was 
 
70 THE VOLCANO DIGGINGS : 
 
 encouraged to come forth, and we clubbed our re 
 sources together for dinner ; and the upshot of it all 
 was, that we spent a pleasant and sociable day together, 
 and got very well acquainted. 
 
 As a contrast, while going home in the evening, I 
 stepped into the store where, in consequence of my 
 not as yet having developed any of my lawyer-like 
 ways, and also having been seen digging " like any 
 other Christian," as some said, I was tolerably well 
 received ; it being deemed that I had been converted 
 from the error of my way, and, as such, had altogether 
 dropped my professional character. Kentucky, as 
 usual, was sitting on the counter ; while Pickle Jack, 
 drunk as ever, and with his face so much swollen from 
 the beating he had received, that he looked like a per 
 fect demon, was detailing his grievances to the little 
 crowd that stood about him. 
 
 "And so, you see, he took me unaware, and d n 
 him, see my eye !" pointing to the swollen lid "and 
 just because I kissed the little bird he has with him, 
 and who ought not to be ashamed to be kissed by a 
 Yankee sailor." 
 
 " To be sure," murmured the crowd, whom he had 
 just treated. 
 
 " And, d n him ! I'll have his heart's blood ! I'll 
 shoot him to-morrow !" 
 
 This began to look serious, and some endeavored 
 to soothe Pickle Jack, but with no effect. He still 
 
A TALE OF CALIFORNIA LAW. 71 
 
 swore that he would kill the poor German brother, 
 and thus have his revenge ; and very few there doubted 
 that he would probably do so, if he had an opportu 
 nity. But, at last, Kentucky hit upon a scheme to 
 pacify him : 
 
 " No, no, Jack, but I calculate there's a better way. 
 Why don't you marry the girl?" 
 
 "What?" 
 
 " Marry the girl! Don't you suppose she would 
 be glad to get a good-looking fellow like you ? What 
 girl would n't want to marry the Yankee sailor ?" 
 
 " To be sure !" said the rest of the crowd, as they 
 filled up again. 
 
 " And as for her poor devil of a brother," continued 
 Kentucky, " let him live, so that he may see the girl 
 with you at her side. He probably wants her to marry 
 some white-livered fool like himself; but let him live, 
 to see her run off with the Yankee sailor. There's 
 your revenge : marry her, Pickle Jack marry her!" 
 
 " Ship ahoy!" roared Pickle Jack, setting aside his 
 sanguinary intentions, as the idea struck him ; " I'll do 
 it, I'll do it .I'll marry her I, the Yankee sailor! 
 And boys, remember, we'll have a grand drunk at the 
 wedding !" 
 
 The excitement, as each one then filled up, and, 
 under the impulse of the strong drink, danced, leaped, 
 and sung, became intense ; and I proceeded to make 
 my exit, and retired to my tent, almost disgusted with 
 
72 THE VOLCANO DIGGINGS : 
 
 the whole world. Long after I lay down, I heard 
 shouting and wrangling in the distance, and occasion 
 ally a pistol fired wantonly in sport ; but at length, the 
 noise began to die away, and I fell asleep. 
 
A TALE OF CALIFORNIA LAW. 73 
 
 IX. 
 
 SUNDAY is perhaps the liveliest day we have at the 
 mines. Some faint glimmer of early instruction teaches 
 the miners that they must then leave off work, which 
 they do with a great deal of satisfaction. The pick 
 and shovel are thrown down in their respective holes, 
 there to rest until Monday, while the owners betake 
 themselves to other occupations. Some go out to cut 
 wood or grass for the week's consumption, which al 
 ways seemed to me to be very much like changing one 
 "kind of work for another. Others rigorously obey the 
 injunction against any sort of work, and, as a pleasant 
 alternative, spend the time in drinking, carousing, and 
 gambling. All seem to enjoy the coming of this day, 
 for which they have longed through the whole week, 
 as though there was any earthly power which compelled 
 them to work at one time more than at another. 
 
 The next day was Sunday. When I awoke, there 
 was a confused shout near by from a party of men who, 
 with great glee, were shaking up some whiskey in a 
 stone jug ; and, mingled with it, came a loud oath from 
 a man who had just lost his last dollar at a monte- 
 bank which a Mexican had spread out upon the grass 
 a little farther off. And, upon getting up, I saw Bur- 
 
 7 
 
74 THE VOLCANO DIGGINGS : 
 
 schenwolt sitting in a corner of the tent, and smiling 
 satisfaction. 
 
 " Sunday !" he said. 
 
 " Well," I thought to myself, " as you haven't done 
 any work all the week, I do n't see that it will make 
 any very particular difference in your pursuits." But 
 I did not say so. 
 
 " Now you can stay home smoke with me. I tell 
 you all about Gottingen." 
 
 " Oho !" I thought, " then it is merely company that 
 you gain ; though, ten to one, before I have been with 
 you a quarter of an hour, you will stray off to see the 
 German damsel, and I shall be left alone." But still 
 I did not say anything, and in silence dressed myself, 
 lit my pipe, and, sitting beside my friend, watched 
 Memnon's preparations for breakfast. 
 
 Just then, however, we noticed that a man ran tow 
 ard the party of drinkers, and said something to them 
 in an excited manner ; whereupon they all jumped up, 
 thrust the jug aside, and scampered off to their several 
 tents. The monte-banker, who had leaned forward to 
 hear the communication, swept his money quickly into 
 his canvass-bag, and followed suit ; and in a moment 
 more we perceived a growing excitement all over the 
 mine some getting out v their arms, and others sad 
 dling their mules, in a great degree of impetuous haste. 
 Being of a somewhat curious nature, I accordingly sent 
 Memnon to learn what was the matter, while I attended 
 
A TALE OF CALIFORNIA LAW. 75 
 
 to the slapjacks ; and soon back he carne, his eyes stick 
 ing out like two door-knobs. 
 
 " Well, Memnon ?" 
 
 " Gorra, sar Ingens !" 
 
 " Well, the Indians come down every day. I don't 
 see anything to be alarmed about." 
 
 "But dese come in night! steal two mule one 
 horse kill one ox ! So dey go for to make up party 
 for to shoot dem !" 
 
 Burschenwolt started up in great animation, and 
 picked off his rifle from its hook being in a perfect 
 transport of delight at the prospect of something unu 
 sual to do. As for me, I also took down my firearms, 
 being quite ready for any little retaliatory excursion 
 into the mountains ; and ordering Memnon to keep by 
 the tent during our absence, and saddling our mules, 
 we seized a few pieces of our flour-cake and pork, and 
 rode toward the centre of the encampment, where a 
 considerable party of men had already mustered. 
 
 There was Pickle Jack, looking quite wild after his 
 debauch of the previous night, while his horse evi 
 dently bore the marks of ill treatment, to judge from 
 the torn flanks, where the long Spanish spur had been 
 ruthlessly pressed. There was Kentucky, looking as 
 cool as though chasing Indians had been his daily pas 
 time from his youth up, and, from horse to hunting- 
 knife, appearing the true embodiment of my idea of a 
 western hunter. There was Gobin, somewhat excited 
 
76 THE VOLCANO DIGGINGS I 
 
 in appearance, but having less of that peculiar, insane 
 glare in his eye than I had expected : perhaps that these 
 preparations for a wild hunt, in reviving his recollec 
 tions of old pursuits, had in some degree restored the 
 tottering equilibrium of his mind. There was the Ger 
 man brother, Hoffengel, cool and rather offish in his 
 manner, and appearing, by reason of his unsocial dis 
 position, as much shunned as shunning. And, in all, 
 about thirty had collected, on mules and horses some 
 their own, and some borrowed ; and we waited but the 
 word to advance. 
 
 "It's them Polok's tribe has done it," said Ken 
 tucky ; " Cacoux' men are not such cursed varmints 
 as to steal their neighbors' beef and critters. But come, 
 let's be off!" 
 
 So we prepared to plunge merrily on some shout 
 ing, some swearing, and some laughing and each 
 one, as it seemed to me, as anxious to distinguish 
 himself by killing an Indian as to get back the stolen 
 property. 
 
 Kentucky, by reason of his superior knowledge of 
 woodcraft, was elected leader by unanimous consent, 
 and well he displayed his capabilities for the trust ; for 
 when we were thus about to start off helter-skelter in 
 almost in any direction, he checked us, and announced 
 his intention of first making an examination, by way of 
 determining the course in which the marauders had de 
 parted with their stolen property. Accordingly, direct- 
 
A TALE OF CALIFORNIA LAW. 77 
 
 ing us to keep our places, he made a tour of a few 
 hundred yards around the valley ; and, soon returning, 
 announced that he had discovered the footprints of the 
 missing animals, and that all we now had to do was to 
 follow the trail. 
 
 "Yes, boys," he added, as we set off, "it's the 
 cursed Polok's tribe as has done it you may be sartin 
 of that!" His conjecture also received confirmation 
 from the fact that, whereas every day the Indian boys 
 of that tribe swarmed down upon us from some invisible 
 inlets, for the purpose of bending all their energies tow 
 ard the acquisition of any articles which might lay too 
 temptingly in their way, this morning not a soul of 
 them was to be seen. The rascals knew too well 
 what a searching examination into the doings of their 
 tribe they would be obliged to undergo if they dared 
 to make their appearance. 
 
 Over hill and dale we straggled on, all the time 
 keeping the fresh trail in full sight. We were, on the 
 whole, a merry party, and all seemed to enjoy the ex 
 pedition with the exception of Kentucky, who rode 
 at our head with an air of immoveable stolidity ; Pickle 
 Jack, who swore very much, as he every now and then 
 lifted his canteen of liquor to his mouth ; and the owner 
 of the stolen property, who appeared rather anxious 
 and troubled : and at last, after riding some seven or 
 eight miles, we came upon one of the Indian villages, 
 a little concourse of brush huts and wildly pounced 
 . 7* 
 
78 THE VOLCANO DIGGINGS : 
 
 down upon it, witL the intention of gaining information 
 about the fugitives. 
 
 The men belonging to the village, however, had all 
 fled, and nothing was left but dogs and the women, 
 which latter sat upon the ground, pounding acorns. 
 They scowled at us fiercely, and appeared not to un 
 derstand anything that was said to them ; until Ken 
 tucky, pointing his pistol at the head of an old wrinkled 
 matron, without a vestige of clothing upon her vener 
 able person, addressed something to her in broken 
 Spanish, at which she seemed to recover her wits, and, 
 in the midst of a most voluble series of Indian and 
 Spanish oaths, pointed to a defile on the right. 
 
 . We rode thither, but found no trail. Pickle Jack 
 strongly advocated the expediency of shooting the old 
 crone through the head, as an example, and then ques 
 tioning another, but we thought it would save time if 
 we made use of our own instincts ; and accordingly, 
 after making another circuit, as had been done at first, 
 we struck the trail again, in a direction directly the op 
 posite of that which had been pointed out to us, and 
 proceeded on our way, followed by revengeful oaths 
 from all the women, and shrill barking from all the 
 dogs. 
 
 And at last, after journeying some five or six miles 
 farther, the trail became fresher, and we came upon 
 the fugitives. There were some fifty or sixty of the 
 Indians, about a hundred rods before us some on 
 
A TALE OF CALIFORNIA LAW. 79 
 
 foot, and some riding the stolen animals, upon which 
 the remains of the slaughtered ox had also been nicely 
 packed. Upon seeing us, they gave a loud yell, and 
 scattered in different directions ; and Kentucky giving 
 the word, we also separated in pursuit. 
 
 Burschenwolt and myself, with three or four others, 
 dived after a party of about a dozen of the Indians, 
 while the rest parted in another course. Among other 
 parties, I saw Gobin, Pickle Jack, and Hoffengel, 
 starting off after three Indians who were endeavoring 
 to run away, unperceived in the tumult, with one of 
 the mules among them. Then the chase prohibited 
 further observation, and we dashed madly on after our 
 quota of the fugitives. 
 
 We had no cause for bloodshed ; for the red rascals, 
 after letting fly a few harmless arrows, kept on at such a 
 pace as prohibited us from having a fair pop at them : and 
 as we could perceive that they had none of the spoils 
 with them, .we desisted from the pursuit after a very 
 few minutes. Then we heard Kentucky shouting the 
 recall ; and- returning, found our party collected to 
 gether in a small compass. As we arrived, Hoffengel 
 came in from another quarter leading the mule which 
 he had succeeded in recapturing 
 
 The report of the list of killed and wounded was 
 small, for no one upon our side was hurt. One of the 
 Indians had, however, been killed by Kentucky's un 
 erring aim ; and two others had been observed to yell 
 
80 THE VOLCANO DIGGINGS .* 
 
 and limp away, as though they might have bullets in 
 their yielding flesh. The two mules had been recap 
 tured ; and thinking it hardly worth while to continue 
 the pursuit after the horse, which by this time must 
 have been far beyond our reach, we set out on our 
 return Pickle Jack having first, with a savage exul 
 tation which did him very little credit, torn the scalp 
 from the head of the dead Indian, and stuck it as a 
 trophy upon the end of his rifle. 
 
 We again passed through the village, where the 
 sight of our party, with the rescued mules, was greeted 
 by all the women with a loud and long howl ; and 
 where Pickle Jack amused himself with thrusting the 
 reeking scalp in the face of the old hag who had en 
 deavored so wofully to misdirect us : and then it sud 
 denly began to be inquired where Gobin was. No one 
 knew, and a cursory examination proved that he was 
 not among us. Pickle Jack and HofFengel both said 
 that he had been with them, when the division of our 
 forces had been made, but that, in the pursuit, they 
 had lost sight of him. Some spoke of returning in 
 search of him, but it seemed a useless proceeding 
 since, if evil had happened to him, he must be now far 
 beyond our assistance ; and, if he had not fallen, he 
 could easily find his way back alone. So we continued 
 our journey, and arrived back at the Volcano late in 
 the evening. 
 
A TALE OF CALIFORNIA LAW. 81 
 
 
 X. 
 
 DAY after day passed on, and yet nothing was heard 
 from Gobin. For a time, his fate was the theme of 
 universal conjecture ; and while most of the miners 
 argued that he must have been decoyed off in the 
 chase, and slain by the Indians, there were a few who 
 maintained that he would eventually straggle back 
 again. Thus, by their discussion of probabilities, they 
 served in some degree to keep up the excitement; but 
 soon other topics commenced to claim a share of con 
 versation. Gobin, by his uninviting conduct, had 
 made too few friends to interest the miners long in 
 regard to his fate ; the subject, once flagging, was not 
 renewed ; and, in a short time longer, all gave him up,* 
 and a stranger might have passed weeks in the mine 
 without even hearing about the missing man. 
 
 As for myself, so strongly had I become interested 
 in the eventful career which Gobin, in his slight im 
 pulse of confidence, had laid open to me, that it was 
 long ere I could believe him to be dead. For many 
 a day I started at every step, expecting to see the poor 
 fellow before me. But at length, when I considered 
 the chances of escape, I also was obliged to give him 
 
82 THE VOLCANO DIGGINGS I 
 
 up, as one lost from the world ; and I prosecuted my 
 daily labor with a saddened and less hopeful heart. 
 
 In the meantime, Burschenwolt and myself were 
 constantly extending our acquaintance with the two 
 Hoffengels. Though cold and distant before others, 
 to us they were social and confiding ; and, as day 
 by day we became more intimate, we found new 
 points in their several characters to admire. Caspar 
 Hoffengel we discovered to be a fine, open-hearted, 
 manly fellow, and one who would have been deserv 
 edly popular with the miners if his duties to the inter 
 ests of his sister had not compelled him to maintain 
 such a reserve ; while Blandina, with her artless sim 
 plicity, yet strength of character, and her finely-culti 
 vated mind, which did not disdain to descend to the 
 minutest details of the domestic arrangements of their 
 tent and also her kind and winning manners, which 
 a beautiful face and figure contributed to adorn so 
 ' grew upon our esteem, that I ceased to be surprised 
 at the impetuosity with which Gobin's feelings had 
 carried him away, and rather began to wonder that I 
 did not fall in love with her myself. 
 
 I was not in love, however. Whatever I might have 
 done in different circumstances, it is hard to tell ; but, 
 at the very first glimmer in my mind of such a possi 
 bility, I reviewed the dubious nature of my worldly 
 prospects, and the folly of any tender sentimentality, 
 and resolutely shut up my heart against any less ra- 
 
A TALE OF CALIFORNIA LAW. 83 
 
 tional feeling than friendship. Burschenwolt, however, 
 seemed to be deterred by no such considerations ; and 
 although I knew his yielding, hopeful nature, and utter 
 want of foresight, I was exceedingly surprised to note 
 the readiness with which he yielded himself up to the 
 sweet intoxication of the moment. The very first day 
 of the Hoffengels' arrival, I thought something was the 
 matter with him ; the next day, he went into raptures 
 about his Blandina's eyes and hair ; the third, he said 
 nothing about her, but looked very spoony and senti 
 mental ; and the fourth, he so utterly forgot his coyote, 
 that I was myself obliged to see that the poor animal 
 had sufficient food. And, ever since, he had aban 
 doned work, and substituted deep contemplation, while 
 he invariably passed his evenings beside his divinity. 
 I often accompanied him, being always careful so to 
 act as not to interfere with him ; and many a pleasant 
 evening we thus passed together. 
 
 One evening, at a little after dusk, we were sitting 
 together at the door of their tent. Burschenwolt was 
 a little back with Blandina, while I sat somewhat re 
 moved, with the brother. Above us the full round 
 moon glistened between the branches of the spreading 
 pines with so bright a light, that everything seemed to 
 be thrown in relief as clearly as at noonday. The 
 conversation happened to turn upon Gobin and his 
 supposed fate. 
 
 " Poor fellow!" said Caspar Hoffengel, "I knew 
 
84 THE VOLCANO DIGGINGS I 
 
 him in Tennessee. Circumstances there happened 
 no matter what they were which obliged me to treat 
 him with some severity; and ever since, he has looked 
 upon me as an enemy. And what a singular coinci 
 dence was our meeting!" 
 
 "And do you believe he is now dead?" 
 " I can form no other probable conjecture. When 
 we separated in our pursuit of the Indians, he and the 
 fellow they call Pickle Jack chanced to be with me. 
 Gobin, upon turning and seeing me with himself, was 
 tempted to utter some harsh remark. I forgot myself 
 so far as to make an equally heated answer. I forget 
 what it was, but he immediately turned around and 
 darted off, and that was the last I saw of him. This 
 fact I have not mentioned, except to yourself. There 
 are persons so unreasonable, that they would connect 
 in someway his disappearance with our previous quar 
 rel ; and it is best not to act in such a way that any 
 one could have unpleasant feelings toward me." 
 
 " Of course, I would be the last to mention such a 
 thing," I said ; but, upon casually turning my head, I 
 was startled to see the face of Pickle Jack, grinning at 
 us from behind the pine which grew before the door. 
 He had evidently heard every word which we had 
 said ; and while he shuffled away, ere Hoffengel was 
 aware of what had attracted my gaze, there was a tri 
 umphant leer in the fellow's countenance which I did 
 not more than half like. Still I endeavored to reassure 
 
A TALE OF CALIFORNIA LAW. 85 
 
 myself with the reflection that the rascal, in spite of 
 his knowledge of such a fact, could do no injury ; 
 but all the while there was a certain vague foreboding 
 of coming mischief floating upon the current of my 
 thoughts, under the influence of which I became mo 
 rose and less sociable, and ultimately took my de 
 parture. 
 
 My forebodings were not without foundation. Upon 
 the next evening, I observed Pickle Jack, with a crowd 
 of listeners around him, eagerly discussing some topic 
 of interest. I approached, but the party separated, as 
 though I was not a fit recipient of their confidence. 
 But, in a few minutes after, I saw another crowd a 
 little way off; and, before long, several little parties 
 were intently engaged in conversation at different points 
 though, as they silently dispersed whenever I came 
 near them, I was unable to learn the purport of their 
 discussion. I could not doubt, however, that some 
 plan was in contemplation affecting the reputation of 
 HofTengel ; but (wisely as I thought) I said nothing 
 about the matter, waiting in silence for a fuller devel 
 opment. 
 
 It came. On the third day, as I was walking with 
 HofFengel to our hole, which we had not long before 
 commenced together, five or six of the miners, headed 
 by Kentucky, came toward us, and one of them struck 
 my friend smartly upon the shoulder. 
 
 " What's that for?" said HofFengel, starting back. 
 8 
 
86 THE VOLCANO DIGGINGS I 
 
 "You are arrested !" answered Kentucky. 
 
 " For murder! where 's Gobin?" screamed Pickle 
 Jack, who was in the party. 
 
 "Ay ! where is he?" retorted Kentucky. "Boys, 
 at him !" 
 
 Hoffengel endeavored to defend himself, but in an 
 instant he was overpowered and tripped off his feet, 
 while his arms were tightly pinioned. I endeavored 
 to remonstrate, but without success. 
 
 "We don't want no lawyer-work here," said Ken 
 tucky. " None of your long bills for cheating the gal 
 lows will go down with us." The rest uttered the 
 same delightful sentiments ; and, in unavailing despair, 
 I saw my friend lugged off, like a bundle of goods, to 
 some temporary place of confinement. 
 
 I immediately hurried off to Burschenwolt, and told 
 him the whole story, as minutely and yet as shortly as 
 possible. 
 
 " Good God !" he cried, starting up " and Blan- 
 dina !" And, without another word, he hurried off to 
 where the poor sister was, as yet ignorant of what had 
 transpired. Not wishing to interrupt his interview, I 
 remained behind, but after a while followed him, for 
 the purpose of giving her what consolation I could, as 
 well as to offer my assistance, as far as the settlement 
 would allow it to be afforded. 
 
 When I peeped into the tent, the poor girl was seated 
 upon a chest, with her head bowed in her hands, and 
 
A TALE OF CALIFORNIA LAW. 87 
 
 was weeping pitifully. Burschenwolt was sitting be 
 side her, and in broken tones endeavoring to soothe 
 her ; though, by his perplexed expression, it was evi 
 dent that he had never been placed in such a situation 
 before, and knew but little the art of administering 
 comfort. ^ 
 
 I stood for a minute looking on unseen, sometimes 
 ready to venture in, and then again concluding to defer 
 the interview to a calmer and otherwise more propi 
 tious moment ; but just as I had made up my mind to 
 the latter course, and was turning around to go, the 
 slight noise I made attracted the poor girl's attention 
 to me, and she sprang up, took my hand in hers, drew 
 me into the tent, and bade me sit down. 
 
 " You are a lawyer, they tell me ?" she half inquired, 
 with more calmness than I had expected. 
 
 I answered that I was. 
 
 " And you know how to save my poor brother? 
 You will not let them murder him, for you know that 
 he is innocent !" 
 
 I assured her that my confidence in his innocence 
 was not to be excelled, and that T would do all I could 
 to help him but here I stopped. It seemed cruel to 
 mention any doubts of the issue of the affair to the 
 poor, trembling creature before me, who from some 
 vague idea that a lawyer could always make the truth 
 plain to the world, or at least had the means of influ 
 encing a body of men to the entertaining of any opin- 
 
88 THE VOLCANO DIGGINGS I 
 
 ion seemed to cringe at my feet in supplication. 
 Some men would have endeavored to cheer her with 
 comforting tales of certain acquittal and reputation re 
 stored, even though the next hour might bring a revul 
 sion of despair ten times hideous from comparison with 
 previous assurances. J3ut it always seemed to me to 
 be the proper plan to tell the worst at once, in every 
 case, so that the mind might be prepared for any issue ; 
 and this I now undertook to do, in as tender a manner 
 as I could. 
 
 I told her that no thinking man, who did not suffer 
 his prejudices to run away with his reason, could for a 
 moment doubt that her brother was perfectly innocent 
 of the crime imputed to him ; but at the same time I 
 explained that the majority of the miners were men 
 without any clear perception of justice, and that, with 
 such, first impressions could not easily be eradicated. 
 I said that every point of law was in our favor, but 
 that the whole settlement had resolved to run counter 
 to the universally-received legal system, and that con 
 sequently many abuses of justice might creep in, with 
 other prejudices. I said that the whole affair was 
 doubtless a plot of Pickle Jack, by which to obtain 
 revenge for the merited chastisement he had received 
 a few evenings previously ; but that this would be a 
 difficult thing to show, particularly as her brother had 
 made himself somewhat unpopular by his distant man 
 ners, and Pickle Jack, on the contrary, was rather 
 
A TALE OF CALIFORNIA LAW. 89 
 
 liked on account of his social disposition. Finally, I 
 told her that, as a lawyer, I would be allowed to min 
 gle myself but little in the affair, but that, as a citizen 
 of the mines, I would always claim my right to be 
 heard, and would thus endeavor to counteract the 
 popular feeling. And when I had finished, she seemed 
 to grow calmer as though, having heard the worst, 
 she had already prepared herself to meet it and, 
 after a few moments' silence, thanked me for what I 
 had said and would try to accomplish, and requested 
 to be left alone. 
 
 " What you think of it?" asked Burschenwolt, as we 
 departed. 
 
 " I think," said I, " that they have already deter 
 mined to hang the poor fellow and that, not so much 
 because they think that the evidence supports the 
 charge, as because they believe that the laws are too 
 much evaded by criminals, and now wish, by some 
 execution or other, to show their own superior wis 
 dom." 
 
 Burschenwolt made no reply ; and in silence we 
 proceeded to make some preparations for the comfort 
 of the poor girl. We so arranged that all her meals 
 could be cooked for her by ourselves, in order that her 
 grief might not be further disturbed by private cares 
 and also pitched our tents near hers, so as to afford 
 proper protection whenever it might be necessary ; and 
 then, with heavy hearts, we awaited the day of trial. 
 
 8* 
 
90 THE VOLCANO DIGGINGS I 
 
 XI. 
 
 THE day of trial came. It was fixed for Sunday, 
 when, work being left off, it seemed as though the best 
 way to keep the day holy was to employ it in murder 
 ing a fellow-being. I would not say that the miners 
 meant to act otherwise than right, for I knew that they 
 believed whatever Pickle Jack might have told them, 
 and that, in accordance with the story he was circula 
 ting, they doubted not that Hoffengel should be exe 
 cuted. But they were wrong in suffering their preju 
 dices to overrule their sense of right ; for, under the 
 determination of conducting the affair themselves, with 
 out the intervention of any " lawyer-tricks," all my 
 suggestions were nullified, and I could hardly say a 
 word in defence of the accused man without being in 
 sulted. All I could do was to visit the poor fellow in 
 the place where they had roughly bound him, and give 
 him my assurances that I would do all in my power to 
 assist him, and that in the meanwhile his sister was 
 well cared for and protected. 
 
 A hollow, where several large pines formed a circle, 
 was fixed upon as the court. At one side, Kentucky 
 was seated as judge, he having been elected to that 
 post the night before. The prisoner, still bound, was 
 
A TALE OF CALIFORNIA LAW. 91 
 
 placed in the middle ; while in every direction around 
 were the spectators, among whom was Pickle Jack, 
 with a devilish glare of triumph in his eyes, and his 
 rifle in his hand, with which he said he meant to shoot 
 down the prisoner should he endeavor to escape. It 
 was a useless threat, since poor Hoffengel was too 
 much weakened by confinement and agony of mind to 
 think of such a thing. And, a little farther removed, 
 were a few Indian boys, who had lately begun to strag 
 gle back to the mine, and, finding that nothing was 
 done to them, waxed as impudent as ever. 
 
 The court being considered opened, some discus 
 sion arose as to what should first be done, when it was 
 suggested that a jury should be empanelled. This 
 was considered a very bright thought, and then the 
 number came under debate. I remarked that twelve 
 was the common number ; whereupon, with the usual 
 contrariety, the court stated that six would be enough. 
 And, in forming the jury, an equally-wise policy was 
 adopted : whoever first offered himself being accepted, 
 with the exception of Burschenwolt and myself who, 
 upon coming forward, were rejected, on the ground 
 that we were prejudiced in favor of the prisoner. Upon 
 remarking that those already chosen were prejudiced 
 against him, which was worse, I was told to shut up, 
 for that no " lawyer-tricks" were wanted there ; and 
 seeing that anything I could say would only operate 
 the wrong way, by still further turning the popular 
 
92 THE VOLCANO DIGGINGS : 
 
 prejudice against the prisoner, I let the matter drop, 
 and said nothing more. 
 
 Examination of witnesses was then about to be com 
 menced, when I suggested that the prisoner should be 
 informed of what he was accused. 
 
 " Murder, of course," said Kentucky. 
 
 "Of whom? where? when? how?" said I. "All 
 these things are important." 
 
 These remarks were received with more favor than 
 I had expected, for their sense seemed to impress 
 itself upon the minds of all. There was a moment's 
 silence, until Kentucky exclaimed 
 
 "I tell you what, fellow, hadn't we better write it 
 down, and then we'll have it all right?" 
 
 " Is n't that what lawyers always do ?" one inquired, 
 with a sneer; "because, if it is, we don't want none 
 of it!" 
 
 " Why," I answered, venturing on a lie, as I saw 
 it would assist the prisoner against the combination 
 formed about him, " it is sometimes so ; but, in most 
 cases, they merely say what has been done, and re 
 member it." 
 
 . " 'T is n't right !" said Kentucky, as I had expected. 
 "'Toughter be writ down, for perhaps they can't al 
 ways remember it, and then they'd have to go all over 
 it agen. Texas !" he continued, calling out to a rough- 
 looking individual from that state, who wore a Spanish 
 poncho wrapped about his knotted limbs, " they say 
 
A TALE OF CALIFORNIA LAW. 93 
 
 you can write : now jest go and put down the charge 
 on paper, so as we can all know what is meant." 
 
 For the first time, HofFengel raised his head, and 
 he gave me a quick, meaning glance of grateful feel 
 ing ; while Texas, first, stopping to light his pipe, strag 
 gled off to his tent, to look after some paper. There 
 was then a suspension of proceedings, while we awaited 
 his return, during which the bottle and tobacco were 
 circulated freely. At last Texas strolled back, holding 
 in his hand a dirty scrap of paper, upon which was 
 written the indictment, as follows : 
 
 " While we w 7 ere out after Polok's varmints, Gaspar 
 HofFengel murdered a fellow named Gobin, and says 
 he didn't do it. So we have come together to try 
 him, and find out whether it is true that he didn't do 
 what he says he didn't do." 
 
 This specimen of criminal composition seemed to 
 give universal satisfaction, and led to the suggestion 
 that it be kept in some safe place for future use and 
 reference. " Because then," said the speaker, " if so 
 be as we have another murder case, we could just alter 
 the names and use it over again, which would be a 
 great convenience, and save time, you know" which 
 idea being favorably received, Texas was appointed to 
 keep the paper safe. " What is this but a court clerk ?" 
 I whispered to Burschenwolt. 
 
 "No you don't!" said Texas, though, when the 
 office was proposed to him. "I've hardly got room 
 
94 THE VOLCANO DIGGINGS I 
 
 for my own traps, and won't do it, unless I'm paid for 
 it that's flat!" 
 
 " Quite right !" replied Kentucky, snatching at the 
 idea ; " and do you think I'm goin' to sit here all day 
 without having any pay ?" 
 
 So chimed in the jury; and in the end it was de 
 cided that, for each day in which the court should sit, 
 the judge, clerk, and jury, should each have an ounce 
 for their trouble, to be paid for out of the funds of the 
 prisoner. 
 
 But it is useless to mention, at full length, all these 
 little disputes. Suffice it to say, that another person 
 was appointed to write down the testimony ; and that 
 so many other little offices were created, that the grand 
 system of justice soon lost its contemplated simplicity, 
 as always happens when ignorant men, for the purpose 
 of making improvements, attempt to meddle with what 
 is beyond them. Hardly an hour had passed, and we 
 already had a judge, jury, two clerks of the court, one 
 county-clerk, a hall of records, standing forms, and a 
 fee-bill in comparison with which the most protracted 
 suit in a regular court would have been cheap and 
 which, by a remarkable system of justice, was invaria 
 bly to be paid by the prisoner, whether guilty or inno 
 cent. To be sure, these officers and institutions were 
 not called by such names, for that would have shocked 
 the anti-legal propensities of the miners : but their sev 
 eral powers and purposes were the same, and their 
 
A TALE OF CALIFORNIA LAW. 95 
 
 fees ten times as exorbitant. But to the examination 
 of witnesses ! 
 
 Pickle Jack was first called. He came forward 
 with a disgusting air of assurance, which, in any more 
 civilized community, would have at once almost con 
 demned his testimony, mingled as it was with the tri 
 umphant leer of gratified revenge which he cast upon 
 the prisoner. The swelling about his face had entirely 
 disappeared, but no length of time could have taken 
 away the bloodshot look about his eyes, and the gen 
 eral air of intemperate indulgence, caused by repeated 
 nightly debauches. 
 
 " And now, Pickle Jack," said Kentucky, forgetting 
 to administer any oath a proceeding which, even if 
 a bible could have been found in the settlement, would 
 not have altered the testimony one iota "tell us all 
 about this affair; and be quick, man !" 
 
 " Well," replied the fellow, taking a pull at his can 
 teen, and then putting a quid of tobacco in his cheek, 
 " all I know about it is this. When we parted com 
 pany in cruising after Polok's Injins, Gobin and I and 
 Hoffengel sailed in convoy. I was just ready to pop 
 away at a red rascal, when I hear Gobin say some 
 thing to Hoffengel, which kinder vexed him. Then 
 Hoffengel hailed him with something back ; and a 
 minute after, when he thought I wasn't looking, I saw 
 him up with his rifle and hit Gobin with a bullet in 
 the starboard quarter : and just then, Kentucky gave 
 
96 THE VOLCANO DIGGINGS : 
 
 the signal for closing up in company, and we came 
 back." 
 
 " And why didn't you tell this before ?" asked Ken 
 tucky. 
 
 To this question, Pickle Jack intimated that he 
 hardly knew, but that he believed it was because he 
 thought, now that Gobin was dead, that it would be 
 unnecessary to make a fuss ; but that, finally, his sense 
 of justice and of the duties he owed to society would 
 not permit him to remain any longer silent. 
 
 " That will do, Pickle Jack," said Kentucky; and 
 the witness was about to go back to his seat beside his 
 rifle, when I interrupted him. 
 
 " I should like to cross-examine the witness," I said. 
 
 " Can't be done !" replied Kentucky ; " no lawyer- 
 tricks for us !" 
 
 " I ask it as a citizen of the mines," I responded. 
 " It is what any of you would be permitted to do." 
 
 Kentucky looked doubtful. The appeal seemed 
 reasonable, but he doubted in his mind whether I was 
 not making it a pretence for some " lawyer-trick," 
 which might not be found out till too late. As the 
 best means of settling the matter, he was just about to 
 put the proposition to vote, after a true democratic 
 manner, when Hoffengel, looking up at him, stated 
 that he would cross-examine the witness himself a 
 course about which there could be no question in re 
 gard to propriety. 
 
A TALE OF CALIFORNIA LAW. 97 
 
 "Did you not, on our return from the chase, state, 
 with others, that you knew not what had become of 
 Gobin ? What, then, did you mean by such an incon 
 sistency ?" 
 
 Pickle Jack shuffled uneasily upon his feet, and for 
 a moment was quite taken aback ; but many rascals 
 have a ready impudence, and he was one of them. 
 His eye suddenly lighted up with animation as he con 
 ceived a plan whereby he could not only clear away 
 the inconsistency, but also inflict a wound which would 
 be severely felt, and he answered : " Why, to be sure, 
 I oughter have told on it at first, but you know family 
 honor is something. You know you have a little bird 
 in your tent, that I thought of being spliced to ; and, 
 
 for her brother to be hung, would hallo, d n you, 
 
 keep clear!" 
 
 Hoffengel had started up, and, had his hands not 
 been bound, would have speedily done something more 
 worthy of being hung for than anything he had yet 
 been charged with. But the persons sitting near easily 
 pulled him back ; and, as he felt himself powerless, he 
 sunk down in an agony of wo : while Pickle Jack, 
 whose explanation had effectually relieved most of his 
 hearers from the doubts which Hoffengel's question 
 had momentarily raised, retired with a malignant smile 
 of diabolic satisfaction gleaming upon his ugly features. 
 
 Two or three other witnesses were then called upon 
 to testify that, on the return, Hoffengel had appeared 
 ,9 
 
98 THE VOLCANO DIGGINGS : 
 
 very much excited which proved nothing, since the 
 events of the pursuit had acted upon every one in the 
 same manner. Then the judge proposed that, being 
 a little tired, we should adjourn till after noon ; which 
 proposition, being put to vote, was agreed to. The 
 prisoner was taken back to his place of confinement ; 
 the jury and spectators went off to drink, and play 
 monte ; the Indian boys gave a whoop and did likewise ; 
 and in a few minutes the ground was deserted by all, 
 excepting two or three, who remained eagerly discus 
 sing which would be a proper tree for the anticipated 
 execution. 
 
A TALE OF CALIFORNIA LAW. 99 
 
 XII. 
 
 As soon as the court was dismissed, Burschenwolt 
 and I both hurried off to the tent where Blandina Hof- 
 fengel had remained in an agony of doubt and fear. 
 We found her with her face buried in her hands, and 
 for some moments so unconscious of our approach, 
 that I began to think that her grief had mercifully ren 
 dered her insensible. But at last, when we ventured 
 to address her by name, she looked up, and motioned 
 us to enter. 
 
 She laid her hand on mine, and gazed up inquiringly 
 into my face, seeming as though she had resolved to 
 hang her hopes and fears upon the first word which 
 might proceed from my lips. For some time I said 
 nothing being resolved not to act in such a way as 
 cruelly to raise false hopes, and at the same time study 
 ing how to express my sense of the impending and 
 contracting cloud so as not to give too great a shock 
 to her mind ; and while I was hesitating, Burschenwolt 
 said something to her in German (what it was I could 
 not understand, of course, but it seemed to be in the 
 nature of encouragement). And then it suddenly oc 
 curred to me, how much more proper it would be for 
 him, who was bound to her by the ties of national sym- 
 
100 THE VOLCANO DIGGINGS : 
 
 pathy, to break the impending truth ; and I arose to 
 take my departure, having uttered nothing, and feeling 
 very much as though T was cowardly flying from my 
 duty, and yet all the time knowing that I was taking 
 the most proper and available course. 
 
 " Tell her all, and do not express hopes which you 
 can not feel it will be better so in the end," I whis 
 pered to him as I left. He nodded, and I stepped 
 forth into the open air, feeling a sense of relief as I did 
 so, and half wondering that I had never before found 
 the tent so hot and oppressive. 
 
 " Where to go now?" was the question. I thought 
 I would seek out some of the jury, and endeavor, by 
 a little private conversation, to influence them the right 
 way. It was not exactly the thing which a true ob 
 servance of legal custom would authorize, to be sure ; 
 but where the whole body of the miners had thrown 
 the system over by the board, and thus given vent to 
 a vast amount of prejudice and chicanery against the 
 prisoner, it was hard indeed if I could not make use 
 of any means in my power which would result in his 
 favor. So I strolled off, in as leisurely a manner as I 
 could assume, to where two of the jury were playing 
 poker with an old pack of cards. 
 
 After looking on as listlessly as possible for a few 
 minutes, I intimated that I would like to take a hand, 
 for the purpose of learning the game though, to tell 
 the truth, I knew it well enough. So, after noticing 
 
A TALE OF CALIFORNIA LAW. 101 
 
 that one winked to the other, as if congratulating him 
 upon having such a fine opportunity to fleece a green 
 horn, I pulled out my bag of dust, and sat down with 
 them. 
 
 I purposely lost as large a sum of money as I could 
 afford, in order to put them into a good humor, and 
 also made several such broad mistakes in the play as 
 might well be calculated to excite their risibilities ; 
 and then commenced proceedings in regard to the 
 trial. 
 
 "I ante two and stake two! Well, by-the-way, 
 what are you going to do with poor HofFengel?" 
 
 " Hang him, of course," said one of the men, with 
 the utmost coolness. " There see you two and go 
 you three better!" 
 
 "You don't believe him really guilty?" I said. 
 
 " To be sure !" 
 
 "I call!" I said, as I laid down my three dollars. 
 "Why, there's not a court in Christendom would 
 think him guilty," I added, rather off my guard. 
 
 "Courts bed d !" said the fellow ; "we don't 
 
 want none of them here. What have you got?" 
 
 " To be sure," I answered ; "but then, you know, 
 in this case there's no dead body found, and so you 
 can't be sure there has been a murder: and if you are 
 not perfectly sure " 
 
 " Never mind about that now," he interrupted 
 11 show your hand !" 
 
 9* 
 
102 THE VOLCANO DIGGINGS: 
 
 " Two queens and two threes !" I said, laying down 
 my cards in a sort of despair at finding the fellow so 
 impenetrable to everything except the game in hand. 
 
 " Two jacks !" replied he, showing his cards. 
 
 " Three sevens !" said the other fellow, sweeping 
 up the pile. And then the two declined playing any 
 more being either afraid luck would change, or else 
 having some dim perception that I was tampering with 
 them, and that it wasn't right which, by-the-way, 
 would have been the only respectable idea they had 
 cherished that day, at the least. And I also walked 
 off, having purposely lost nearly a week's earnings, and 
 all for nothing. 
 
 A lucky thought struck me. They would probably 
 not allow me to make any defence in favor of my poor 
 friend, but it was not impossible that they might per 
 mit him to make his own defence. If, therefore, I 
 saw him privately, and placed in his possession such 
 a review of facts and inferences as the practice of my 
 profession told me would be useful, there might be 
 one step gained. So I was about hurrying off, when 
 I heard the signal-horn blown, which was to summon 
 the miners for the continuation of the trial. 
 
 I cursed my luck! That infernal game of poker 
 had not only drained my pockets to no purpose, but 
 had also taken up much valuable time, which might 
 have been better employed. It could be of no use to 
 go after Hoffengel now, for I saw them already bring- 
 
A TALE OF CALIFORNIA LAW. 103 
 
 ing him from his place of confinement, while the whole 
 population of the settlement was hurriedly wending to 
 the place of trial. With a bitter heart I mixed in with 
 the crowd, and, taking my seat upon the grass, waited 
 for the court to oppn. 
 
 " What," thought I, " will poor Hoffengel think of 
 me, but that I have abandoned him, since I have not 
 been to see him in his prison yet ? And if those two 
 wretches, with whom I played that unlucky game of 
 poker, have sounded my designs, will they not bear 
 yet harder against the accused? and will not I be 
 brought into disrepute, and perhaps be turned out of 
 the mine, with the loss of everything I have got?" 
 These were not pleasant thoughts, and as quickly as I 
 could I cast them aside and looked around. 
 
 Most everybody was in the place he had had during 
 the morning, and in general very much inclined to give 
 proper attention to the proceedings. Some, however, 
 were a little drunker than they had been before, and 
 were consequently apt to become noisy ; yet, as their 
 more sober friends held them in restraint, it was not a 
 matter of very great consequence. 
 
 "Hoffengel," said Kentucky, rapping with his pipe 
 for order after a few witnesses in favor of the pris 
 oner had been bullied "you have been accused of 
 killing Gobin. I believe you did it but that's nei 
 ther here nor there, what I think. You're to look to 
 the jury for their opinion, you are. If you can make 
 
104 THE VOLCANO DIGGINGS : 
 
 those fellows believe you didn't do it, all right: we'll 
 let you go, then. But if you can't, we'll hang you 
 up, as sure as Kentucky's the greatest state in the 
 Union ! So, get up, and let's hear what you can say! 
 for yourself." 
 
 HofFengel was about rising in his defence, when I 
 interposed. I requested leave to make a few remarks 
 in favor of the prisoner. I promised not to take up 
 much time, and assured the crowd that it was their duty 
 to listen to whatever might lean to the side of mercy. 
 
 " Can't do it !" said Kentucky ; " we want no law 
 yer-work here !" 
 
 I stated that I merely wished to be heard as a mem 
 ber of the settlement, and that my only object was to 
 respond to the call of humanity. 
 
 "My opinion is," replied one of the jury, "that 
 whatever is to be said had better be said by the man 
 himself; for who should know better what he thinks 
 best for him?" 
 
 " But would you, if placed upon your trial for life, 
 be able to speak as calmly and collectedly as one less 
 interested?" I demanded. 
 
 "Hum !" the fellow muttered, " the man's only got 
 to tell the truth about it, and that any one could say 
 hang or no hang!" 
 
 " I tell you what I'll do," Kentucky said, upon be 
 ing appealed to ;" I'll put it to vote. There! nothing 
 can be fairer than that, it can't I'm sure." 
 
A TALE OF CALIFORNIA LAW. 105 
 
 The vote was, of course, against me ; and, with a 
 heart bitter with the reflection that a murder was about 
 to be perpetrated under the name of justice, I sat still 
 to hear Hoffengel argue his own case. 
 
 He did better than I had anticipated. Speaking in 
 a voice which, though somewhat broken, was clearer 
 than might have been expected under the circum 
 stances, he continued for some minutes in a fair train 
 of argument, in which he displayed a sort of intuitive 
 knowledge of the principles of law. He began by 
 referring to his general good character in the mines, 
 previous to the arrest under such a charge. He then 
 spoke of Pickle Jack's evidence as being unworthy of 
 credit, since the fellow had himself acknowledged bitter 
 feelinirs against him, and had been heard more than 
 
 O D 
 
 once to swear vengeance against him for a just pun 
 ishment. He also spoke of the sailor's inconsistent 
 stories in relation to the affair an inconsistency which 
 mere insulting language ought not to be considered as 
 explaining. He referred to Gobin's insane traits of 
 character, under the impulse of which he might easily 
 have wandered off by himself in the chase, and never 
 found his way back. And he stated that, no dead 
 body being found or even looked for as would have 
 been a just course for the members of the self-consti 
 tuted court they ought not to be too ready to pre 
 sume that any murder had been committed ; and that 
 any such presumption, if made at all, should be by 
 
106 THE VOLCANO DIGGINGS : 
 
 the mouths of more than a single witness, and that 
 one deeply prejudiced. And, finally, he prayed the 
 jur}vif there was a doubt in their minds, to lean to 
 the side of mercy, if only for the sake of one who 
 would be alone and unprotected if he were taken away 
 from her. 
 
 "Don't be afraid about the little bird!" sneered 
 Pickle Jack, when the argument was finished; "I'll 
 marry her myself." 
 
 A slight burst of indignation followed this heartless 
 piece of insult, and for a moment I hoped the feeling 
 thus raised would tell in favor of the prisoner ; but the 
 next minute, I saw by the dark, determined looks of 
 the free and enlightened jury, that all hope was over: 
 and, true enough, after putting their heads together for 
 a moment or two, they turned to Kentucky and said 
 
 " We believe that he done it." 
 
 " Then may God forgive you !" uttered Hoffengel, 
 and that was all he said. 
 
 " And when shall we hang him, fellows ?" said Ken 
 tucky. 
 
 One suggested that the next day would be a proper 
 time, but another remarked that it was " work-day ;" 
 and so, after a few minutes' debate, Kentucky named 
 that same afternoon at sunset : and it being put to vote, 
 and settled upon, the court was adjourned, and the 
 prisoner taken back to his place of confinement. 
 
A TALE OF CALIFORNIA LAW. 107 
 
 XIII. 
 
 I CAN NOT describe the sickening sensations which 
 filled my soul as I followed the crowd away from the 
 scene of trial. Some were brutally joking about the com 
 ing execution, but for the most part a subdued feeling 
 reigned among the mass ; and I fancied that some, who 
 had been the most eager for the conviction of the pris 
 oner, would now have been glad to find any expedient 
 which might save him. 
 
 This slight ebullition of feeling, however, if any 
 such actually existed, was but transitory. The resi 
 dent in California becomes too familiarized with death 
 to regard it with half the horror which attends its ap 
 proach in more civilized places. Consequently, any 
 of those who may have been saddened at first, soon 
 brightened up with the reflection that it was merely 
 the poor fellow's bad luck, for which they were not 
 accountable. And ere many minutes, the bottle and 
 cards were in as full request as before ; and, upon 
 looking back to the place of trial, I observed Kentucky 
 sawing off a horizontal limb Irom one of the pines, so 
 as to leave the jutting arm, about fifteen feet from the 
 ground. I well knew what it was for. 
 
 I had no time, however, in which to indulge my 
 
108 THE VOLCANO DIGGINGS : 
 
 sensibilities. Something must be done soon or never, 
 for the sun was rapidly descending to the level of the 
 hills. I therefore turned back to Kentucky, and im 
 plored him to allow the prisoner more time, in order 
 that, if anything turned up which would be of benefit 
 to him, it might not come too late. 
 
 No, it could n't be done. Next day was work-day, 
 and it would cost too much to keep the condemned 
 man another week. Provisions were getting scarce ; 
 and, besides, there w r as no chance for Gobin to come 
 back : Pickle Jack had said he saw Gobin shot, and 
 Pickle Jack ought to know ! Such was the substance 
 of Kentucky's reasoning ; and when he had finished, 
 he turned away, as though not wishing to argue the 
 question any more, and commenced fixing a slip-knot 
 in a rope, while Pickle Jack stood by, with a broad 
 grin of triumphant transport upon his coarse, ugly 
 features. 
 
 1 saw it was of no use, and reluctantly turned away. 
 My last hope was to go about among the miners, and 
 endeavor to excite such a feeling of sympathy in them 
 as would serve to counteract their former injustice. 
 But here also my labor was fruitless. The miners 
 were too busily engaged in their several dissipations 
 to mind what was said to them. As a general thing, 
 also, they considered the matter settled ; and, whether 
 right or wrong, wished to hear nothing more about it. 
 Some laughed ; others said that they were sorry, but 
 
A TALE OF CALIFORNIA LAW. 109 
 
 that the poor fellow must swing ; a few appeared in 
 clined to help him if they could, but didn't know how, 
 and, as I plainly saw, couldn't be made to learn. And 
 the upshot of the whole affair was, that I was obliged 
 to give it up with the feeble hope that, at the last 
 minute, when they saw the poor victim standing on the 
 brink of the grave, the awful scene might affect them 
 more powerfully than now, and lead them to reverse 
 their unjust decision. 
 
 I would at least go to the condemned man, and en 
 deavor to offer him my feeble assistance and consola 
 tions, and thither I accordingly went, rejoicing that 
 Burschenwolt's presence had saved me from the pain 
 ful task of breaking the melancholy tidings to the poor 
 sister ; for Burschenwolt, at the conclusion of the trial, 
 had immediately gone off to the tent of Blandina Hof- 
 fengel, whither I dared not go, and I had not seen him 
 since. 
 
 I found Caspar Hoffengel in a small tent which had 
 been vacated for the purpose by its former occupant. 
 He was strongly tied at his feet and hands, and was 
 propped up against a sack of flour behind. This was 
 what I observed from the doorway, where I had a long 
 dispute with the two men stationed to guard him, ere 
 I was allowed to enter. 
 
 " A sad business for you, my friend Gaspar !" I said, 
 after I had obtained admittance. 
 
 " It is," replied he, " but I knew how it would end, 
 '10 
 
110 THE VOLCANO DIGGINGS : 
 
 and I have prepared myself. I die innocent of this 
 crime ; and I trust that such an affliction may atone 
 for what other sins I may have committed. But my 
 poor sister! what will she do when I am gone, and 
 how will she bear this blow ?" 
 
 " Make yourself easy about that," I said. " I will 
 protect her from insult, and will endeavor to provide 
 for her; and, "further, will restore her to her friends in 
 the East, though I go myself with her." 
 
 He grasped my hand. It was all he did, and noth 
 ing was said on the subject ; but I felt I had been 
 thanked sufficiently, if thanks were necessary for prom 
 ising what none but a brute could have refused. 
 
 " What time have I to live ?" he asked, at length. 
 
 I went to the door and glanced at the declining sun ; 
 and returning, told him he had about an hour and a 
 half. 
 
 " Go to my tent, then, and bring me back a bible 
 which my poor sister will give you." 
 
 I pulled out mine, which I had stopped at my tent 
 for, and laid it before him. 
 
 " And now, my kind friend," he said, " leave me 
 alone for the rest of my shortening time." 
 
 I called in the men who guarded him, and had the 
 cords which confined his hands tied round his wrists 
 instead, so that he could hold the book before him ; 
 and then, shaking him by the hand, left him with tears 
 in my eyes, such as I had never yet shed. 
 
A TALE OF CALIFORNIA LAW. Ill 
 
 All was becoming quiet in the settlement as the 
 time wore on. The cards and drinking were put 
 aside, and men walked uneasily ahout ; for a good 
 sense in some, and an instinctive feeling in others, told 
 them that this was not a time for gaming and debauch 
 ery. I hoped that the drawing near of such a solemn 
 occasion, with its accompanying better feelings, might 
 W 7 ork some relenting in the hearts of the miners ; and 
 so it might have been, if Pickle Jack had not run 
 around, from group to group, reiterating his charges, 
 and thus destroying whatever of good feeling might 
 occasionally arise. And while I marked this scene, 
 and wondered how revenge could be carried so far in 
 the human heart, the setting sun slowly dipped behind 
 the mountains, the last gleam flickered among the 
 pines as it went down, and then the horn of Kentucky 
 blew the signal for the execution. 
 
 I made yet another effort for the unfortunate pris 
 oner, when the whole population of the settlement, with 
 the attendant groups of straggling Indians, had assem 
 bled. I reviewed, as Hoffengel had done before, the 
 points of the defence ; and, though some manifested 
 impatience, I persisted in going on against all opposi 
 tion. I dilated upon the absence of any corpse, to 
 show that any murder had been committed ; I spoke 
 of the inconsistencies of the principal witness, and his 
 noted enmity against the prisoner; I remarked upon 
 the improbability of any one attempting a murder in 
 
112 THE VOLCANO DIGGINGS .' 
 
 the sight of others, and for a very slight provocation : 
 and lastly, knowing that Kentucky's voice was all- 
 powerful with the miners, I attempted to win his opin 
 ion by a little nicely-coated flattery. 
 
 "I know, judge," I said giving him the title 
 which he claimed, and titles are always agreeable to 
 such people "I know well that the decision in this 
 case, which has been made with your approbation, is, 
 in many respects, wise and just; but still there may 
 be many little things, which, in the press of the busi 
 ness, you may have overlooked. Now don't you 
 think it would be a good plan to give this man yet one 
 more week, in order to let something turn up to save 
 him, in case he may be innocent? It would do no 
 harm, and might do good." 
 
 I saw that he hesitated, and finally he said he would 
 put it to vote, which he did. There were many per 
 sons who declared themselves in favor of delay, but 
 there were more who were adverse, and so the propo 
 sal was not adopted. Kentucky, rather delighted to 
 think that he was relieved of all responsibility, gave 
 orders that the execution should go on ; and then, for 
 the first time, I lost all hope. 
 
 At this moment, a courier from below, mounted on 
 a large chestnut horse, was seen entering the mines, 
 and galloping toward us. Behind him he bore a small 
 bag of letters ; and, as it had been a long while since 
 we had had any news of importance from below, the 
 
A TALE OF CALIFORNIA LAW. 113 
 
 prisoner, for the time, was forgotten, and all eagerly 
 crowded about the courier, who, at the first demand, 
 opened his bag and commenced his distribution ; and 
 it was only when the bag was empty, that he began to 
 inquire the reason of the scene before him. 
 
 " Going to hang him for murder," said Texas. 
 
 " Poor devil !" replied the courier, stationing him 
 self for a good view of the scene. 
 
 All this time, Pickle Jack, who had volunteered to 
 act as executioner, was tying the knot in a tighter 
 strain ; and rinding his efforts somewhat impeded by 
 a long end of one of the strands which hung in his 
 way, he demanded a knife with which to cut it off. 
 
 " Take mine," said the courier, who happened to 
 stand near, handing out a large pearl-handled bowie 
 of curious workmanship. 
 
 " Stop !" shouted HofTengel, for the first time speak 
 ing. "Men, will you persist in murdering me? I'll 
 swear that's Gobin's knife!" 
 
 And so it was ! Every one recognised it imme 
 diately. Here was a ray of hope ; and it only remained 
 for the courier to mention how the instrument came 
 into his possession. 
 
 " Why, that's the most curious part of it," said the 
 man. " I was passing through one of Cacoux' vil 
 lages, when they told me that a white man was sick 
 there. So, as in duty bound, I stepped aside to see 
 him. I didn't ax his name, for 1 hadn't time to stop 
 10* 
 
114 THE VOLCANO DIGGINGS I 
 
 long, and perhaps I didn't think of axing, since I 
 don't know as it would have done me any particular 
 good. But this I know he was sick, and couldn't 
 get well, and he knew it too, so as there was no use 
 in moving him. He said as how he had left some 
 other miners, because he couldn't bear to stay, on 
 account of something or other. And then I came 
 along." 
 
 " But the knife the knife?" a dozen of us cried. 
 
 " Why, as I was leaving, he told me to take it. * I 
 can't live, stranger,' he said, l and it's better a white 
 man, as knows how to use it, should have it, than an 
 Injin.' There was a dog along with him, too, if that 
 will be of any importance. 
 
 " I demand that this execution be stopped, and Gas- 
 par Hoffengel stand acquitted !" I said, starting up. 
 
 " Why," replied Kentucky, " not that exactly, for 
 all this mayn't be true; but we'll adjourn it till next 
 Sunday, and then we can find out if it is really Gobin 
 that was seen." 
 
 The proposal was carried by acclamation Pickle 
 Jack's being the only dissenting voice ; and then, a 
 party of six or eight volunteering to go after Gobin 
 and thence report as to his identity, I ran to have our 
 mules saddled, and Burschenwolt joyfully sped to 
 carry the glad tidings to his Blandina ; while Gaspar 
 was borne back to confinement, with the most distin 
 guished and respectful consideration. 
 
A TALE OF CALIFORNIA LAW. 115 
 
 XIV. 
 
 WELL, to go on with my story, I believe I never 
 experienced so much real joy in my life as when I 
 saw things taking this favorable turn. To use the 
 expression of one of the miners, I looked " as though 
 I had taken out a forty-ounce lump." My heart actu 
 ally danced within me, more especially as I saw, by 
 the discomfited appearance of the populace, that they 
 were already becoming disgusted with the operation 
 of their self-made code, and that now was the time 
 when the true system of law-expounding should begin 
 to fall into practice. 
 
 While Memnon was saddling the mules, I flew to 
 offer my congratulations to Caspar ; for, although the 
 affair was not yet decided, no one could very well 
 doubt the ultimate result. I found his two guards 
 now made not the slightest objection to my admittance. 
 Indeed, they had themselves gone into the tent, un 
 bound the poor, much-abused fellow's hands, and were 
 in the act of proposing a sociable game of monte to 
 him, as I entered. He thanked them kindly, but de 
 clined playing at present ; whereupon one of them 
 handed forth a flask of brandy for his use, and they 
 left us to ourselves. 
 
116 THE VOLCANO DIGGINGS : 
 
 "Pretty good fellows those, after all," said Hof- 
 fengel, as they stepped outside. " I do not believe 
 they meant to act wrong in their former treatment of 
 me." 
 
 " To be sure not," I answered. " Their fault was, 
 in letting their prejudices overcome their reason ; and 
 thus, in accordance therewith, forcing themselves to look 
 upon a man as guilty before he was really proved to 
 be so. But how do you find yourself now?" 
 
 " Much better, of course," he answered. " And my 
 sister " 
 
 Ere he could finish, however, the d^or was dark 
 ened for a moment, and Blandina, supported by Bur- 
 schenwolt, threw herself in his arms ; and promising 
 soon to return, with such evidence as would undoubt 
 edly insure his entire liberty, we left her in a state of 
 joyful hysterics, and departed after our mules. 
 
 A dozen men were already mounted to go after poor 
 Gobin, among whom Kentucky and Texas were the 
 most prominent. Pickle Jack, on the contrary, had 
 slunk out of sight, and no one seemed to know where 
 he had gone. I inwardly wished that he had cleared 
 out from the mine for ever, as he was undoubtedly the 
 most hardened character I had ever met with. 
 
 "Now, then, a'n't you going with us?" said Ken 
 tucky to the courier, who sat upon the ground, com 
 placently smoking a short pipe. " How on airth are 
 we to find Gobin, unless you come with us? You 
 
A TALE OF CALIFORNIA LAW. 117 
 
 can just as well come back after our letters as stay here 
 all the time." 
 
 The man looked round rather discontentedly, seemed 
 to appreciate the necessity of his attendance, but mut 
 tered something about having been riding all day, and 
 finally mounted and rode off with us. And so we 
 jogged along Kentucky and the courier in front; 
 Texas following with some of the others, to whom he 
 \vas telling how that he knew it would turn out so, and 
 that Hoffengel was a deuced good fellow ; and Bur- 
 schenwolt and myself bringing up the rear, having 
 fallen somewhat behind for the purpose of talking over 
 the affair without interruption. 
 
 " Now I go read letter of mine," said Burschenwolt, 
 suddenly remembering that the courier had given him 
 one, which in the excitement he had put into his pocket 
 unopened. 
 
 He accordingly let the reins fall loose upon his 
 mule's neck, and unfolded the sheet; and the news he 
 received seemed to give him so much satisfaction, and 
 he appeared so desirous of imparting it, that I attempt 
 ed to help him along a little. 
 
 "All right down below in the settlements Bur 
 schenwolt?" 
 
 He clapped his hand down upon his saddle-bow with 
 such animation, that he almost broke his meerschaam ; 
 whereupon, emptying out the ashes, he put the bowl 
 very carefully into his pocket, and remarked : 
 
118 THE VOLCANO DIGGINGS: 
 
 " I should no wonder as I was in Gottingen before 
 long." 
 
 "Ah?" 
 
 "My twenty lots I once tell you of a city grow 
 up there, after all." 
 
 "Indeed?" 
 
 " My agent go for sell out for me ; he sell for fifteen 
 thousands dollars ! That money all mine ! I go very 
 soon to Gottingen again." 
 
 " And Blandina Hoffengel how about her?" I in 
 quired. 
 
 His color came and went several times, and he 
 plunged into a fit of musing for some minutes. 
 
 "If you are well assured of your fortune but not 
 without and if the girl likes you, do you think you 
 could do better?" I said. 
 
 "Ah! she may no like me then I go alone. If 
 she like me, then I take her with me," he answered, 
 after a moment's reflection ; and nothing more was 
 said on the subject. We rode on silently for some 
 minutes, he undoubtedly forming many plans for the 
 future, and I feeling rather sorry that I had not myself 
 bought a few lots in that same city. 
 
 By this time, it had grown quite dark. The innu 
 merable stars had peeped forth from above, and now 
 shed a faint, uncertain light upon our path, as we 
 stumbled along the trail, lifting our mules over rotten 
 logs and loose stones, and ever and anon dodging the 
 
A TALE OF CALIFORNIA LAW. 119 
 
 thick boughs of oak and pine which stretched over our 
 heads like so many spectral giants holding forth their 
 arms with which to clasp us in imprisonment. At in 
 tervals, the howling of wolves, wild-cats, and coyotes, 
 could be heard in the distance, as they held their revels , 
 over some thicket-hidden carcass; while, as we passed 
 through any longer and closer stretch of brush-land, our 
 progress startled innumerable crickets and katydids into 
 shrill and piping vitality. The warmth of the past day 
 had departed, and an excessive chilliness supervened, 
 so that we were obliged to fold our coats tightly about 
 us in order to catch the least bit of comfort for our 
 skins. 
 
 "Hallo! where be you taking us to?" Texas sud 
 denly sung out. " Seems to me about camping-time. 
 Been now two hours on route." ' 
 
 " Two miles off only," said the courier ; "Cacoux* 
 village near at hand." 
 
 And after riding about a quarter of an hour longer, 
 we found ourselves in the midst of a confused scream 
 ing and yelling, mingled with the ceaseless barking of 
 dogs. By the light of a fire some little distance off, 
 we could discern several brush-huts, arranged in a cir 
 cular form, among which the savages were standing, 
 though in such a faint light, it was difficult to say 
 .whether they were men or women. Around the fire, 
 however, was another party, which we could easily see 
 was composed of nlen clad only in blue shirts, and 
 
120 THE VOLCANO DIGGINGS . 
 
 having red handkerchiefs tied about their long, strag 
 gling locks. They seemed to treat our approach with 
 the coolest indifference, never once getting up to re 
 ceive us, but continuing whatever employment they 
 were about with the greatest vigor. 
 
 " All right !" said the courier ; " this is the village." 
 We dismounted, and while some took the horses 
 and tethered them, and also built a fire, and made 
 other arrangements for a night's bivouac, the rest of 
 us followed our guide to the place where he had seen 
 Gobin lying. The poor fellow was still there. What 
 was exactly the matter with him, we could hardly tell. 
 It seemed to me that the strange wanderings provoked 
 by his partial insanity, and the hardships thereby en 
 dured, had suddenly prostrated his strong frame, and 
 thus brought out some seeds of disease, which, under 
 prudent care, might for a long while have lain con 
 cealed, and perhaps ultimately have disappeared. Any 
 how, it was evident that he could not long survive, and 
 this he seemed himself conscious of for, as he saw 
 us crowding into the hut, he raised his head from the 
 ground, and fixing upon us his eyes, to which the sud 
 den surprise gave a startled and glassy appearance, 
 said 
 
 " Boys, you've come to see me die, have you not?" 
 "I hope not, Gobin," replied Kentucky. 
 To this the sick man deigned no reply, but, looking 
 once more round, demanded whether I was present. 
 
A TALE OF CALIFORNIA LAW. 121 
 
 I stepped from behind the group and confronted him, 
 and, in answer to his questions regarding the object of 
 our coming, told him the whole story. 
 
 " And you were going to hang an innocent man !" 
 he said, with as much indignation as his feeble voice 
 would allow. " Shame on you !" 
 
 And then, by way of clearing up his extraordinary 
 course of conduct, he told the whole story : how that 
 the presence of the Hoffengels at the mine had revived 
 all his old associations, so as to make life hateful to 
 him ; how that he had resolved to leave the locality, 
 and seek some distant refuge from his troubled thoughts ; 
 how that, in the excitement of the pursuit after the In 
 dians, he had wandered far away, forgetting his com 
 panions, and at length found himself alone in an un 
 known part of the country ; and finally, how that some 
 strange aberrations of mind had overtaken him, in 
 which he must have wandered about many days, his 
 instincts alone protecting him, until, when his recollec 
 tions returned, he found himself sick, exhausted, and 
 sinking, in the company of the friendly tribe. 
 
 " And that is all, boys," he said. " Here, take this," 
 he added, pulling a small bag of gold-dust from his 
 hunting-pouch ; " give this to Gaspar Hoffengel, as a 
 last legacy from me, and as some reparation for the 
 trials my conduct has caused him. And do you stay 
 with me this night," he said to me ; " to-morrow I feel 
 that I shall be gone." 
 
 11 
 
122 THE VOLCANO DIGGINGS ! 
 
 The rest went out, and I remained alone with him. 
 For an hour or two he conversed with me ; and though 
 I often requested him not to waste his strength in im 
 parting his revelations, yet he still persisted. It was 
 a solemn thing to hear, in that rude cabin of the wil 
 derness, the dying man detailing the errors of his past 
 life, and, as his mind occasionally wandered, imagining 
 himself in some European court, mingling in its gay 
 festivities. Gradually, however, his voice sank away. 
 I hent over him, and found that he slept ; and then, 
 folding myself in my blanket, prepared to watch beside 
 him. Soon, though, I felt sleep stealing over me. I 
 endeavored to resist its approach, but in vain, and at 
 last I also sank away in dreamland. 
 
 The bright morning sun gleaming into the door of 
 the hut and through the interstices of the brush-walls, 
 and the loud shouts of the Indians, mingled with the 
 cooler tones of the miners, awakened me. I arose and 
 looked round for Gobin. To rny horror, he was not 
 there ! My cries for help brought the whole village 
 around me, and a vigorous search was instituted ; and 
 at last we found him, at a little distance from the vil 
 lage dead. He had wandered off in some transient 
 fit of delirium, and had passed away as he had latterly 
 lived, a true hunter of the prairies. He was sitting up 
 against the trunk of a giant pine, with his head turned 
 as though he had seen some cause of alarm, and his 
 hand was upon the belt where his knife had formerly 
 
A TALE OF CALIFORNIA LAW. 123 
 
 rested ; and at his feet lay his faithful Gobinette, with 
 his nose upon his outstretched paws, giving utterance 
 to a low whine. 
 
 We buried him upon the spot, as the most appro 
 priate which could have been selected. When we laid 
 the body in the grave, the dog jumped in, and would 
 not be removed ; and while we were endeavoring to 
 drag the faithful brute away, one of the Indians, in con 
 formity with their customs, ran his knife through its 
 heart, that both might be buried together. And, filling 
 up the grave, we wended our way back to the settle 
 ment with saddened hearts. 
 
124 THE VOLCANO DIGGINGS I 
 
 XV. 
 
 IT is scarcely necessary to state that, upon our re 
 turn to the mine, Gaspar Hoffengel was acquitted with 
 all the honors. Indeed, considerable enthusiasm was 
 manifested upon his account : every one pressed around 
 to shake him by the hand ; if he had drunk with half 
 the people who wanted him to, he would have been a 
 dead man in half an hour; and, upon the whole, the 
 very men who before were most anxious to hang him, 
 were the most joyous about his escape. 
 
 " Hope you bear no malice, old fellow," said Ken 
 tucky, coming forward among others, and thrusting 
 forth his bony hand. " Sorry I acted so, but I thought 
 I was right, and did it for the best, you know." 
 
 On the contrary, HofFengel assured him that there 
 was no cause of quarrel between them ; and further, 
 that if he ever was hung, it would give him particular 
 pleasure to have it done at the instigation of such 
 a good fellow as Kentucky ; whereupon Kentucky 
 laughed, swore that he was a trump, and shook hands 
 again. 
 
 " And about our fees " one of the jury commenced. 
 
 "D n the fees!" roared Kentucky. "Do you 
 think we're agoing to put a man in fear of his life, and 
 
A TALE OF CALIFORNIA LAW. 125 
 
 then, when we find we oughter have let him alone, 
 turn to and ruin him to pay ourselves? Better, by a 
 long shot, make up a purse to pay him for his lost 
 time." 
 
 The suggestion was eagerly taken up, a ragged hat 
 passed round, this and that person put in a lump or 
 two, and ere HofFengel could find time to object, some 
 two or three hundred dollars were poured into his lap. 
 And then the good-natured crowd, by a simultaneous 
 impulse, hoisted him on their shoulders, and bore him 
 in triumph to the store, where the bottles were brought 
 out, the necks cracked off, and a flow of wine and 
 rush of viands commenced, in honor of the occasion. 
 
 While this was going on, I observed Kentucky 
 eying me from time to time, in a shamefaced way, as 
 though he wished to give me due credit for my past 
 exertions and prognostications, but was withheld by 
 the usual embarrassment attending an open acknowl 
 edgment of one's own fault ; but at last the cheerful 
 glow of brandy diffused through his frame loosened his 
 sense of justice, and he stretched out his knotted hand 
 to me. 
 
 " Come up and take something !" he shouted ; 
 "you're a good fellow, and we'll make you judge of 
 the settlement, we will." 
 
 I thanked him kindly for his good opinion of me, 
 and, as the offer was kindly meant, and to refuse would 
 have seemed disobliging, I managed to gulp down a 
 11* 
 
126 THE VOLCANO DIGGINGS : 
 
 dose of brandy that almost burnt my stomach to char 
 coal. And then, thinking it a good opportunity to 
 provoke a discussion upon the true objects and intents 
 of civilized law, and the faithful manner in which it 
 performed the requisitions made upon it, I gradually 
 drew him on, until I found myself employed in a reg 
 ular discussion, which, as I adapted it to the under 
 standing of those present, was listened to with consid 
 erable attention. 
 
 I first endeavored to correct the prevalent idea that 
 the laws were instituted for unjust purposes, and that 
 they could be made the vehicle for uniform oppression. 
 This I did by showing that it was in the power of the 
 people, at any time, to alter them. And I also at 
 tempted to disabuse their minds of the notion that all 
 lawyers were scamps and reprobates. I fancy I spoke 
 with considerable effect for Kentucky, immediately 
 as I finished that part of the subject, expressed his ap 
 probation by inviting me to take a drink ! 
 
 I then set about vindicating the practice of the law 
 from any charges about its want of simplicity, by show 
 ing that it was impossible that any important and use 
 ful thing could be always constructed upon narrow 
 principles; that in the law, everything could not be 
 settled by one particular method, but that different 
 branches required different treatment, lest otherwise 
 the whole fabric would be choked up and rendered 
 useless. This I illustrated in a variety of ways 
 
A TALE OF CALIFORNIA LAW. 127 
 
 which so well suited Kentucky, that he again called 
 out 
 
 Take a drink !" 
 
 Then I spoke of the different officers of the courts, 
 and showed that it was impossible to do without them', 
 and that, whenever there was work to he done, there 
 must also be some one to do it. I explained, upon 
 the principle of division of labor, how much better and 
 cheaper it was in a large community to have certain 
 persons constantly employed in particular departments, 
 whereby the work was not only done quicker, but also 
 better. This I illustrated by reference to our mining 
 pursuits, wherein it was considered better for some 
 men to dig, while the others worked the rocker. And 
 I demonstrated that, in the late trial, so far from having 
 done away the many officers of a court, they had actu 
 ally doubled the usual number, and quadrupled the 
 expense which the whole transaction would have in 
 volved in a regular court. 
 
 " Take a drink !" said Kentucky. 
 
 I then argued the question about costs at law, and de 
 manded to know whether a man who devoted himself 
 for years to one branch of the laws, should not be paid 
 as well as one whose energies were expended in mere 
 hand work. And I explained also that the courts were 
 not shut against a poor man since, to such, counsel 
 was always afforded freely and willingly. 
 
 " Take a drink!" repeated Kentucky. 
 
128 THE VOLCANO DIGGINGS : 
 
 I next defended the law from the charge of being an 
 abstruse and incomprehensible thing though, at first 
 sight, its terms might seem to warrant the assertion. 
 But I stated that everything must have a name, by 
 which to denote it ; and that the terms in the legal vocab 
 ulary were really no more abstruse than the commonest 
 words in the English language, since it was merely 
 their more unfrequent use that made them appear 
 strange and unfathomable. And, finally, I wound up 
 with a general review of the late trial showing where 
 the adaptation of legal principles would have saved 
 time and money, and also preserved at the first the life 
 which had been so nearly lost ; and I stated that, 
 though sometimes the guilty might thereby escape, yet 
 it was better so than that innocent men should perish, 
 which infallibly would often be the case if loose and 
 formless courts were indulged in. 
 
 " By the devil, you shall take a drink !" shouted 
 Kentucky, jumping up in a rapture, and seizing the 
 bottle ; " and you shall be our judge and lawyer both, 
 
 4| 
 
 and shall make a court in the true way." 
 
 " A moment," I said, stopping him. " If you would 
 do so much for me, arid thus listen to my suggestions, 
 let me ask you why you would thus allow to escape 
 that wretch, who, for the indulgence of his private 
 malice, has endeavored to swear away the life of a 
 fellow-being? Are there no statutes against perjury? 
 and are not those statutes just?" and I pointed to 
 
A TALE OF CALTFOHXIA LAW. 129 
 
 Pickle Jack, who had reappeared in the settlement, 
 and now, neglected by all, sat in a dark corner, peer 
 ing upon the floor with bloodshot and heavy eyes. 
 
 The miserable sailor groaned and arose, and stretched 
 out his hand toward me ; while, with thick utterance, 
 he said 
 
 " Ah ah ! no no more ! Drink, and make up ! 
 But don't step on that that spider!!' 
 
 " What does the man mean ?" exclaimed Kentucky. 
 " Who ever knew him to care for the life of a spider?" 
 
 "But but he's gone!" continued Pickle Jack. 
 "See! that snake has swallowed him! Why don't 
 you kill the snake? D n you, I say, why don't you 
 kill the snake ?" he yelled out frantically ; and then, 
 with a loud curse, he fell writhing upon the ground. 
 
 The dreadful truth flashed upon us. It was not 
 now for us to avenge, since Heaven had spared us the 
 task, and sent the terrible delirium upon him. Even 
 now I seem to hear the wretched man's oaths and yells 
 sounding in my ear. We could not bear it; and, as 
 shrill cry after cry arose from him, the most of us 
 rushed from the tent, and sought refuge from that 
 dreadful scene at a distance. 
 
 Dear C , it is now four days since that wretched 
 
 being left this bourne for another, whence he can no 
 more return. We buried him with all decent respect, 
 for, at least, he was human; but, when the last sod 
 was trodden down, a sense of relief came over us all, 
 
130 THE VOLCANO DIGGINGS I 
 
 that he was gone. The popularity which his lavish 
 dissipation had won him, could not withstand the fiend 
 ish act which he afterward perpetrated, and Pickle 
 Jack died without a friend. 
 
 The courier leaves to-morrow, and I must close up 
 my journal that I may send it by him. With him the 
 Hoffengels and Burschenwolt travel to the city. Gas- 
 par, by means of Gobin's legacy and the fund which 
 the miners contributed at his acquittal, finds himself in 
 possession of a suitable amount with which to com 
 mence some little business in town ; and Burschen 
 wolt goes to look after his newly-acquired property. 
 He has left his coyote with me as a keepsake, and tells 
 me that when I feed the animal, I should think of him 
 self and his Blandina in old beloved Gottingen. 
 
 I shall miss my friends sorely, but the cares of busi 
 ness will probably soon occupy me sufficiently to alle 
 viate their loss : for, by universal consent, I have been 
 appointed judge of the mine, with full power to try 
 every case and weigh both sides according to legal 
 principles. The calendar is filling up rapidly. Such 
 is the desire of all to watch, the working of true legal 
 practice, that every one is looking up some old griev 
 ances, and goes into law with as much alacrity as he 
 would enter into a game of monte. 
 
 You see, then, that I am getting into some success 
 at last. And now, farewell ! It is my best wish that 
 you may be run down with lucrative business ; but 
 
A TALE OF CALIFORNIA LAW. 131 
 
 should clients fail you, leave the hot city, and, instead 
 of moping away the best part of your life, put your 
 profession upon the hazard of the die, and in these 
 green old mountains seek out some " Volcano," where 
 common consent intends to abrogate both law and 
 lawyers. 
 
 THE END. 
 
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 THE WORKS 
 
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 ulars, and a faculty of interesting you in them such as is possessed by few 
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 an exception to all rules. Ho would build up a poem as a bricklayer builds a 
 wall ; or rather, he would begin at the top and build downward to the ba.se ; 
 and yet, into the poem so manufactured, he would manage to breathe the breath 
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 was also, to a certain degree, a growth, a real plant, taking root in the mind, 
 and watered by the springs of the soul." Saturday Post. 
 
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 INCLUDING 
 
 MARGINALIA, SUGGESTIONS, AND ESSAYS. 
 
 BY EDGAR A. POE. 
 
 If I have in any point receded from what is commonly received, it hath been 
 for the purpose of proceeding melius and not in aliud. LORD BACON. 
 
 Truth, peradventure, by force, may for a time be trodden down, but never, by 
 any means, whatsoever can it be trodden out. LORD COKE. 
 
 Among the subjects treated of in the volume, are criticisms on the 
 works of the following authors : 
 
 J. G. C. BRAINARD, 
 FITZ GREENE HALLECK, 
 WILLIAM CULLEN BRYANT, 
 HENRY W. LONGFELLOW, 
 CHARLES F. HOFFMAN, 
 WILLIAM GILMORE SIMMS, 
 JAMES FENIMORE COOPER, 
 CHARLES ANTHON, LL.D., 
 GULIAN C. VERPLANCK, 
 ROBERT WALSH. 
 PIERO MARONCELLI, 
 JOHN W. FRANCIS, M.D., LL.D 
 WILLIAM W. LORD, 
 SEE A SMITH, 
 THOMAS WARD, M.D., 
 RICHARD ADAMS LOCKE, 
 RUFUS DA WES, 
 JAMES LAWSON, 
 PROSPER M. WETMORE, 
 GEORGE B. CHEEVER, D.D., 
 FREEMAN HUNT, 
 NATHANIEL HAWTHORNE, 
 RUFUS W. GRISWOLD, 
 BAYARD TAYLOR, 
 
 JOEL T. HEADLEY, 
 GEORGE P. MORRIS, 
 NATHANIEL PARKER WILLIS, 
 HENRY CAREY, 
 LAUGHTON OSBORN, 
 EPES SARGENT, 
 E. P. WHIPPLE, 
 ROBERT M. BIRD, 
 WILLIAM ELLERY CHANNING, 
 WILLIAM A. JAMES, 
 CATHARINE M. SEDGWICK, 
 FRANCES S. OSGOOD, 
 ANNE C. LYNCH, 
 ELIZABETH OAKES-SMITH, 
 CAROLINE M. KIRKLAND, 
 ANNA CORA MOWATT, 
 ANN S. STEPHENS, 
 ESTELLE ANNA LEWIS, 
 ELIZABETH BOGART, 
 MARY GOVE NICHOLS, 
 AMELIA B. WELBY, 
 MARGARET MILLER DAVIDSON, 
 LUCRETIA MARIA DAVIDSON, 
 SARAH MARGARET FULLER, 
 
 CHRISTOPHER PEASE CRANCH, EMMA C. EM'BURY, 
 
 JAMES RUSSELL LOWELL, 
 CORNELIUS MATHEWS, 
 HENRY B. HIRST, 
 LEWIS GAYLORD CLARK, 
 RALPH HOYT, 
 JAMES ALDRICH, 
 THOMAS DUNN BROWN, 
 CHARLES F. BRIGGS, 
 WILLIAM M. GILLESPIE, 
 EVERT A. DUYCKINCK, 
 
 LYDIA M. CHILD, 
 
 ELIZABETH BARRETT BROWNING, 
 
 T. B. MACAULAY, 
 
 CHARLES LEVER, 
 
 HENRY COCKTON, 
 
 CHARLES DICKENS, 
 
 R. H. HORNE, 
 
 FRANCIS MARRYAT, 
 
 SIR EDWARD BULWER LYTTON, 
 
 THOMAS HOOD. 
 
BOOKS PUBLISHED BY J. S. REDFIELD. 
 
 JUST PUBLISHED, 
 
 In one Volume, 12wo., cloth, PRICE $1.25, 
 THE 
 
 NIGHT-SIDE OF IATURE ; 
 
 OR, 
 
 GHOSTS AND GHOST-SEERS. 
 
 BY CATHERINE CROWE, 
 
 AUTHOH OF "SUSAIT HOPLEY," " LILLY DAWSOK," ETC. 
 
 OPINIONS OF THE PRESS. 
 
 This book treats of allegorical dreams, presentiments, trances, apparitions, 
 troubled spirits, haunted houses, etc., and will be re.id with interest by many 
 because it comes from a source laying claim to considerable talent, and is 
 written by one who really believes all she says, and urges her reasonings with 
 a good deal of earnestness. Albany Argus. 
 
 It embraces a vast collection of marvellous and supernatural stories of su 
 pernatural occurrences out of the ordinary course of events. N. Y. Globe. 
 
 Miss Crowe has proved herself a careful and most industrious compiler. 
 She has gathered materials from antiquity and from modern times, and gives 
 to English and American readers the ghost-stories that used to frighten the 
 young ones of Greece and Rome, as well as those that accomplish" a similar 
 end in Germany and other countries of modern Europe. Phila. Bulletin. 
 
 It is written in a philosophical spirir. Philadelphia Courier. 
 
 This queer volume has excited considerable attention in England. It is not 
 a catchpenny affair, but is an intelligent inquiry into the asserted facts respect- 
 ing ghosts and apparitions, and a psychological discussion upon the reasona 
 bleness of a belief in their existence. Boston Post. 
 
 In this remarkable work, Miss Crowe, who writes with the vigor and grace 
 of a woman of strong sense and high cultivation, collects the most remarkable 
 and best authenticated accounts, traditional and recorded, of preternatural vis 
 itations and appearances. Boston Transcript. 
 
 This is a copious chronicle of what we are compelled to believe authentic 
 instances of communication between the material and spiritual world. It ia 
 written in a clear, vigorous, and fresh style, and keeps the reader in a con 
 stant excitement, yet without resorting to claptrap. Day-Book. 
 
 The book is filled with facts, which are not to be disputed except by actual 
 proof. They have long been undisputed before the world. The class of facts 
 are mainly of a kind thought by most persons to be "mysterious ;" but there 
 will be found much in the book calculated to throw light upon the heretofore 
 mysterious phenomena. Providence Mirror. 
 
 This book is one which appears in a very opportune time to command at 
 tention, and should be read by all who are desirous of information in regard 
 to things generally called mysterious, relating to the manifestations of the 
 spirit out of man and in him. Traveller. 
 
 This is not only a curious but also a very able work. It is one of the 
 most interesting books of the season albeit the reader's hair will occasional 
 ly rise on end as he turns over the pages, especially if he reads alone far into 
 the night. Zion's Herald. 
 
 A very appropriate work for these days of mysterious rappings, but one 
 which shows that the author has given the subjects upon which she treats 
 considerable study, and imparts the knowledge derived in a concise manner. 
 Boston Evening Gazette. 
 
 This is undoubtedly the most remarkable book of the month, and can net 
 fail to interest all classes of people. Water- Cure Journal. 
 
 To the lovers of the strange and mysterious in nature, this volume will pos 
 sess an attractive interest. ]V. Y. Truth-Teller. 
 
 The lovers of the marvellous will delight in its perusal.. Com. Advertiser. 
 
BOOKS PUBLISHED BY J. S. REDFIELD. 
 
 For Schools, Academies, and Self-Instruction. 
 
 THE 
 
 AMERICAN DRAWING- BOOK. 
 
 BY JOHN G. CHAPMAN, N. A. 
 
 THIS WORK will be published in PARTS ; in the course of which 
 
 PRIMARY INSTRUCTIONS AND RUDIMENTS OF DRAWING 
 
 DRAWING FROM NATURE MATERIALS AND METHODS: 
 
 PERSPECTIVE COMPOSITION LANDSCAPE FIGURES, ETC : 
 
 DRAWING. AS APPLICABLE TO THE MECHANIC ARTS: 
 
 PAINTING IN OIL AND WATER COLORS: 
 
 THE PRINCIPLES OF LIGHT AND SHADE: 
 
 EXTERNAL ANATOMY OF THE HUMAN FORM, AND COMPARATIVE 
 
 ANATOMY: 
 THE VARIOUS METHODS OF ETCHING, ENGRAVING, MODELLING, Etc. 
 
 Will be severally treated, separately; so that, as far as practicable, each 
 Part will be complete in itself, and form, in the whole, " a Manual of 
 Information sufficient for all the purposes of the Amateur, and Basis 
 of Study for the Professional Artist, as well as a valuable Assistant 
 to Teachers in Public and Private Schools ;" to whom it is especially 
 recommended, as a work destined to produce a revolution in the sys 
 tem of popular education, by making the Arts of Design accessible 
 and familiar to all, from the concise and intelligible manner in which 
 the subject is treated throughout. 
 
 The want of such a work, has been the great cause of neglect in this 
 important branch of education ; and this want is at once and fully pup- 
 plied by the 
 
 AMERICAN DRAWING-BOOK : 
 upon which Mr. CHAPMAN has been for years engaged; and it is now 
 produced, without regard to expense, in all its details, and published at 
 a price to place it within the means of every one. 
 
 The Work will be published in large quarto form, put up in substan 
 tial covers, and issued as rapidly as the careful execution of the numer 
 ous engravings, and the mechanical perfection of the whole, will allow. 
 
 I3P Any one PART may be had separately 
 
 Price 5O Cents each. Part. 
 
 &JT The DRAWING COPY-BOOKS, intended as auxiliary 
 4> to the Work, in assisting Teachers to carry out the system of instruction, 
 A especially in the Primary and Elementary parts, form a new and valu- 
 #| able addition to the me^ns of instruction. They will be sold at a cost 
 $ little beyond that of ordinary blank-books. 
 
BOOKS PUBLISHED BY J. S. REDFIELD 
 
 CHAPMAN 
 
 ox 
 
 
 BEING PART III. OF THE AMERICAN DRAWING-BOOK. 
 
 NOTICES OF THE PRESS. 
 
 " The nation may well be proxid of this admirable work. In design and 
 execution, the artist has been singularly felicitous ; and nothing can surpass 
 the beauty, correctness, and finish of style, in which the publisher has pre 
 sented it to his countrymen. The book is strictly what it claims to be a 
 teacher of the art of Drawing. The method is so "thorough, comprehensive, 
 and progressive ; its rules so wise, exact, and clearly laid down ; and its classic 
 illustrations are so skilfully adapted to train the eye and hand, that no pupil 
 who faithfully follows its guidance, can fail to become, at least, a correct 
 draughtsman. We have been especially pleased with the treatise on Perspec 
 tive, which entirely surpasses anything that we have ever met with upon 
 that difficult branch of art." Spirit of the Age. 
 
 " Perspective, is one of the most difficult branches of drawing, and one the 
 least susceptible of verbal explanation. But so clearly are its principles devel 
 oped in the beautiful letter-press, and so exquisitely are they illustrated by the 
 engravings, that the pupil's way is opened most invitingly to a thorough knowl 
 edge of both the elements and application of Perspective.'' Home Journal. 
 
 " It treats of Perspective with a masterly hand. The engravings are superb, 
 and the typography unsurpassed by any book with which we are acquainted. 
 It is an honor to the author and publisher, and a credit to our common coun 
 try." Scientific American. 
 
 " This number is devoted to the explanation of Perspective, and treats that 
 difficult subject with admirable clearness, precision, and completeness. The 
 plates and letter-press of this work are executed with uncommon beauty. It 
 has received the sanction of many of our inoct eminent artists, and can scarcely 
 be commended too highly." N. Y. Tribune. 
 
 " This present number is dedicated to the subject of Perspective com 
 mencing with the elements of Geometry and is especially valuable to build 
 ers, carpenters, and other artisans, being accompanied with beautiful illustra 
 tive designs drawn by Chapman, and further simplified by plain and perspic 
 uous directions for the guidance of the student. Indeed, the whole work, 
 from its undeviating simplicity, exhibits the hand of a master. We trust this 
 highly useful and elevated branch of art will hereafter become an integral por 
 tion of public education, and as it is more easily attainable, so will it ultimately 
 be considered an indispensable part of elementary instruction. Its cheapness 
 is only rivalled by its excellence, and the artistic beauty of its illustrations is 
 only equalled by the dignified ease and common sense exemplified in the 
 written directions that accompany each lesson. Ponghke:psie Tckgraph." 
 
 " The subject of Perspective we should think would interest every mechanic 
 in the country ; indeed, after all, this is the class to be the most benefited by 
 sound and thorough instruction in drawing.'' Dispatch. 
 
 " Permit me here to say I regard your Drawing-Book as a treasure. I was 
 a farmer-boy, and it was while daily following the plough, that I became ac 
 quainted with the first number of Chapman's Drawing-Book, I found in it 
 just what I desired a plain, sure road to that excellence in the Art ot Art*, that 
 my boyish mind had pictured as being so desirable, the first step toward which 
 I had taken by making rude sketches upon my painted plouirhbeam, or u^ing 
 the barn-door as my easel, while with colored rotten-stone I first took *essons 
 from Nature. I am now at college. . I have a class at drawing, and find in the 
 several numbers I have obtained, the true road for the teacher also." Extract 
 from a Utter recently received. 
 
 olocb 
 
I 
 BOOKS PUBLISHED BY J. S. REDFIELD. 
 
 FOUR SERIES OF TWELVE BOOKS EACH, 
 
 IBlBAiWPElFOTIJIa'S' EILILWilFIELIiJiPIlIDa 
 
 FROM DESIGNS BY J. G CHAPMAN. 
 
 First Series Price One Cent. 
 
 1. Tom Thumb's Picture Alphabet, in Rhyme. 
 
 2. Rhymes for the Nursery. 
 
 3. Pretty Rhymes about Birds and Animals, for little Boys and Girls. 
 
 4. Life on the Farm, in Amusina: Rhyme. 
 
 5. The Story-Book for Good Little Girls. 
 
 6. The Beacon, or Warnings to Thoughtless Boys. 
 
 7. The Picture Book, with Stories in Easy Words, for Little Readers. 
 
 8. The Little Sketch-Book, or Useful Objects Illustrated. 
 
 9. History of Domestic Animals. 
 
 10. The Museum of Birds. 
 
 11. The Little Keepsake, a Poetic Gift for Children. 
 
 12. The Book of the Sea, for the Instruction of Little Sailors. 
 
 Second Series Price Two Cents. 
 
 1. The A B C in Verse, for Young Learners. 
 
 2. Figures in Verse, and Simple Rhymes, for Little Learners. 
 
 3. Riddles for the Nursery. 
 
 4. The Child's Story-Book. 
 
 5. The Christmas Dream of Little Charles. 
 
 6. The Basket of Strawberries. 
 
 7. Story for the Fourth of July, an Epitome of American History. 
 
 8. The Two Friends, and Kind Little James. 
 
 9. The Wagon-Boy, or Trust in Providence. 
 
 10. Paulina and Her Pets. 
 
 11. Simple Poems for Infant Minds. 
 
 12. Little Poems for Little Children. 
 
 Third Series Price Four Cents. 
 
 1. The Alphabet in Rhyme. 
 
 2. The Multiplication Table in Rhyme ; for Young Arithmeticians. 
 
 3. The Practical Joke, or the Christinas Story of Uncle Ned. 
 
 4. Little George, or Temptation Resisted. 
 
 5. The Young Arithmetician, or the Reward of Perseverance. 
 
 6. The Traveller's Story, or the Village Bar-Room. 
 
 7. The Sagacity and Intelligence of the Horse. 
 
 8. The Young 'Sailor, or the Sea-Life of Tow Bowline. 
 
 9. The Selfish Girl, a Tale of Truth. 
 
 10. Manual or Finger Alphabet, used by the Deaf and Dumb. 
 
 11. The Story-Book in Verse. 
 
 12. The Flower- Vase, or Pretty Poems for Good little Children. 
 
 Fourth Series Price Six Cents. 
 
 1. The Book of Fables, in Prose and Verse 
 
 2. The Little Casket, filled with Pleasant Stories. 
 
 3. Home Pastimes, or Enigmas, Charades, Rebuses, Conundrums, etc. 
 
 4. The Juvenile Sunday-Book, adapted to the Improvement of the Young 1 . 
 
 5. William Seaton and the Buttertly, with its Interesting History. 
 
 6. The Young Girl's Book of Healthful Amusements and Exercises. 
 
 7. Theodore Carleton. or Perseverance against Ill-Fortune.. 
 
 8 The Aviary, or Child's Book of Birds. 
 
 9 The Jungle, or Child's Book of Wild Animals. 
 
 10. Sagacity and Fidelity of the Dog, Illustrated by Interesting Anecdotes. 
 
 11. Coverings for the Head and Feet, in all Ages and Countries. 
 
 12. Romance of Indian History, or Incidents in the Early Settlements. 
 
BOOKS PUBLISHED BY J. S. REDFIELD. 
 
 THE POETICAL WORKS 
 
 PERCY BYSSHE SHELLEY, 
 
 EDITED BY G. G. FOSTER. 
 
 THE FIRST COMPLETE AMERICAN EDITION. 
 
 In one volume, 16mo. 
 
 " Shelley has a private nook in my affections. He is so unlike all other po 
 ets that I can not mate him. He is like his own ' skylark' among birds. H^ 
 does not keep ever up in the thin air with Byron, like the eagle, nor sing 
 with Keats low and sweetly like the thrush, nor, like the dove sitting always 
 upon her nest, brood with \Vurdsworth over the affections. He begins to 
 sing when the morning wakes him, and as he grows wiid with his own song, 
 he mounts upward, 
 
 ' And singing ever soars, and soaring ever singeth;' 
 
 and it is wonderful how he loses himself, like the delirious bird in the sky, 
 | and with a verse which may be well compared for its fine delicacy wit.h her 
 [ little wings, penetrates its far depths fearlessly and full of joy. There is 
 
 something very new in this mingled trait of fineness and sublimity. Milton 
 V and Byron scern made for the sky. Their broad wings always strike the air 
 with the same solemn majesty. But Shelley, near the ground, is a very bird 
 gs[ in a bower,' running through his merry compass as if he never dreamed of 
 the upward and invisible heavens. Withal, Shelley's genius is too fiery to 
 be moody. He was a melancholy man, but it was because he was crossed 
 I in the daily walk of life, and such anxieties did not touch his imagination. 
 
 It was above far, far above them. His poetry was not, like that of other 
 
 poets, linked with his common interests ; and if it ' unbound the serpent of 
 
 > care from his heart,' as doubtless it did, it was by making him forget that it 
 was there. He conceived and wrote in a wizard circle. The illiberal world 
 was the last thing remembered, and its annoying prejudices gall him as they 
 rmght in tiie exercise of his social duties, never followed over the fiery limit 
 of his fancy. Never have we seen such pure abstraction from earthliness as 
 in the temper of his poetry. It is the clear, intellectual lymph, unalloyed 
 and unpolluted." AT. P. Willis. 
 
 NAPOLEON^^nVI^xTMS O F WAR, 
 
 Translated by Col. D'Aguilar. 
 WITH NOTES. 
 
 In one vol., 32mo. Price 50 cents. 
 
 "THE science of war, in its legitimate sense, is entitled to encourage 
 ment, and study, and we recommend that every man of military mind, should 
 possess himself of a copy of ' Napoleon's Maxims.' The work is also one 
 of interest to the general reader, containing, as it does, numerous brief his 
 torical facts connected with the most celebrated battles, and men of mili 
 tary renown of almost every age." Recruit. 
 
 " IT is a work of no little interest to those who wish to understand the 
 principles upon which the greatest captain of the age carried on his opera 
 tions, and who also desire to understand the errors committed by the infe 
 rior intellects brought into the field against him." Perm. Inquirer. 
 
 " THIS work appears in its first American edition, with a recommenda 
 tion from Gen. Scott, speaking of its utility to military men. That, indeed, 
 
 > is apparent enough ; but it has occurred to us that the perusal of the little 
 . work, with its full illustrative notes, must be of great advantage also to the 
 
 general reader, who desires to understand the tactics of the great Emperor. 
 It will be a good companion to Thiers' History, now publishing." U S. Sat. 
 \ Post. 
 
BOOKS PUBLISHiiil 3l I. S. FEDFIELD. 
 
 KNOWLEDGE FOR THE PEOPLE. 
 
 RE-ISSUE Otf THE 
 
 PENNY MAGAZINE. 
 
 4000 IMPERIAL OCTAVO PAGES. 
 
 2000 ENGRAVINGS!! 
 
 A COMPLETE LIBRARY WITHIN ITSELF, 
 
 THE London Penny Magazine, issued tinder the direction of the " So 
 ciety for the Diffusion of Useful Knowledge," is, unquestionably, one of 
 the most entertaining and useful of all U:3 popular works which has ev 
 er appeared in any age, or in any langusgs. Its pages embrace every 
 subject in the wide field of human knowledge, and as every article, 
 whether on 
 
 Science, History, Biography, Literature, or the Arts, 
 
 passed the careful scrutiny and critical ordeal of an able committee of 
 learned men, the work may be placed in the hands of the youth of the 
 country without danger or distrust. The popularity of the "work in 
 England may be judged of from the fact that during the first year of its 
 publication 
 
 MOHIS THAR? 8O,OOO COPIES 
 
 of the monthly parts were disposed of. In the United States too, the 
 work has acquired no inconsiderable popularity, though it has not here 
 tofore been presented to the American public in such a manner as to in 
 sure a universal circulation. The numerous abortive imitations of it, 
 however, which have appeared from time to time, prove at once the great 
 value of the work, and the great difficulty and immense expense of suc 
 cessfully accomplishing such an enterprise. 
 
 The undersigned having pu. chased the Stereotype plates, with the 
 Engravings, of the London edition of the above-named work, has com 
 menced its republication in the city of New York. The whole work 
 consists of about 4000 large imperial octavo pages, and is Illustrated with 
 2000 Engravings. The original cost of the Stereotyping and Engraving 
 to the London publishers, was $25,000. The Ame r ican He-issue is print 
 ed on good paper, and well done up in handsome paper covers, and is 
 sued hi 
 
 24 PARTS, AT 25 CENTS EACH. 
 
 The Parts average 170 pages each, and are published every other Satur 
 day. It is an exact reprint of the London edition, without alteration or 
 abridgment. The Work is sold by all dealers in Books and cheap Lit 
 erature, throughout the United States. 
 
 V The Work ma y be bad - bound in EIGHT VOLUMES price 
 Eight Dollars ; and, in FOUR VOLUMES price Seven Dollars and 
 Fifty Cents. 
 
 11 
 

 BOOKS PUBLISHED BY J. S. REDFIELD. 
 
 W. F. P. NAPIER, C.B., COL. 43D REG., &c. 
 HISTORY OF THE 
 
 WAR IN THE PENINSULA, 
 
 AND IN THE SOUTH OF FRANCE, 
 
 FROM THE YEAR 1807 TO 1814. 
 Complete in one vol.. 8vo. Price Three Dollars. 
 
 " NAPIER'S history is regarded by the critics as one of the best narratives 
 that lias recently been written. His style is direct, forcible, and impetuous, 
 carrying the reader along often in spite of himself, through scenes of the 
 most stirring interest and adventures lull of excitement. Many of the most 
 distinguished and remarkable men of European history figure in these pages, 
 and are sketched with great distinctness of outline. Napoleon, Wellington, 
 Sir John Moore, Ney, Murat, and others, are the characters of the drama 
 which Napier describes." Evening Mirror. 
 
 " WE believe the Literature of War has not received a more valuable 
 augmentation this century than Col. Napier's justly celebrated work. Though 
 a gallant combatant in the field, he is an impartial historian ; he exposes the 
 errors committed on each side, refutes many tales of French atrocity and 
 rapine, and does not conceal the revolting scenes of drunkenness, pillage, 
 ravishment, and wanton slaughter, which tarnished the lustre of the British 
 arms in those memorable campaigns. We think no civilian chronicler of the 
 events of this desperate contest has been so just to the adversary of his na 
 tion as has this stern warrior." Tribune. 
 
 " NAPIER'S History, in addition to its superior literary merits and truth 
 ful fidelity, presents strong claims upon the attention of all American 
 citizens ; because the author is a large-souled philanthropist, and an inflex 
 ible enemy to its ecclesiastical tyranny and secular despots ; while his pic 
 tures of Spain, and his portrait of the rulers in that degraded and wretched 
 country, form a virtual sanction of our Republican institutions, far more 
 powerful than any direct eulogy." Post. 
 
 " THE excellency of Napier's History results from the writer's happy 
 lalont for impetuous, straight forward, soul-stirring narrative and picturing 
 forth of characters. The military manoeuvre, march, and fiery onset, the 
 whole whirlwind vicissitudes of the desperate fight, he describes with dra 
 matic force.'' Merchants 1 Magazine. 
 
 "THE reader of Napier's History finds many other attractions, besides the 
 narrative of battles, marches, plunder, ravages, sieges, skirmishes, and 
 slaughter for he learns the dreadful evils of a despotic government the 
 inherent corruption of the entire system of European monarchies the popu 
 lar wretchedness which ever accompanies the combination of a lordly, hier 
 archical tyranny with the secular authority, and the assurance that the ex 
 tinction of both are essential to the peace and welfare of mankind. All 
 these lessons are derived from Napier's History, which, in connexion with 
 its literary excellence, and the accuracy of its details, render all other rec 
 ommendations utterly superfluous. It is a large, neat, and cheap volume." 
 L. I. Star. 
 
 EDWARD GIBBON. 
 HISTORY OF THE DECLINE AND FALL 
 
 THE ROMAN EMPIRE; 
 
 A new edition, revised and corrected throughout, preceded by a Pref 
 ace, and accompanied by Notes, critical and historical, relating prin 
 cipally to the propagation of Christianity. By M. F. GUIZOT, Minis 
 ter of Public Instruction of France. 
 
 In two vols., 8vo. Price Five Dollars. 
 
J, S, REDFIELD 
 
 ALSO PUBLISHES 
 
 THE GRAMMATIC READERS, 
 
 NOS. I., II., III. 
 
 BY EDWARD HAZEN, A, M., 
 
 AUTHOR OF "SPELLER AND DEFINER," "SYMBOLICAL SPELLING 
 BOOK," ETC., ETC. 
 
 ILLUSTRATED W^TH NUMEROUS ENGRAVINGS, 
 
 FROM DESIGNS BY 
 
 J. G. CII APM AN, ESQ., 
 Which have been engraved and printed in the best style. 
 
 These READERS are adapted to beginners in reading, as well as to 
 advanced scholars who need improvement in their pronunciation of 
 word? and in their quantity in uttering sentences. In the first two 
 Numbers, the parts of speech are presented in every variety of con 
 struction ; and every association is so clearly and fully illustrated by 
 examples, that pupils, who use them for reading only, can hardly fail 
 to acqu'.re a practical knowledge of the structures of the language, even 
 though they omit the rules of grammar which accompany them. 
 
 The phraseology is manly throughout; and, if pupils be thoroughly 
 drilled in reading the several lessons, nearly every association of words 
 will be committed to memory, and the whole, combined, will form the 
 basis of a correct style of speaking and writing. 
 
 These reading lessons constitute a complete series of parsing lessons, 
 to which may be applied the system of etymology and syntax which 
 accompanies them, or any other system which the teacher may prefer: 
 and every example may be proposed as a model to be imitated by pu- 
 pi's in advanced classes. 
 
 On account of the orderly arrangement of the constructions of the 
 language, grammar and composition may be here learned much earlier 
 than it has hitherto been thought to be possible. As a theoretical and 
 pn ctical grammar, teachers will find these books adapted to pupils of 
 every grade of knowledge in this branch of learning. 
 
 The 'first Reader is embellished with 82 engravings, and the second 
 with 08 ; all of which are executed in the very best manner, from ori 
 ginal designs. No other school books have ever been so splendidly 
 illustrated, or so beautifully printed. 
 
 In the third Reader are repeated the engravings of the first, accom 
 panied by concise articles, or essays, on the several subjects suggested 
 by the designs of the artist. The book is to be used first for reading 
 and then as a guide in composition. Teachers will find it precisely 
 adapted to these purposes, if they have been thorough in drilling their 
 pupils ia the preceding Numbers. 
 
 f 
 
 ft* 
 
BOOKS PUBLISHED BY J. S. REDFIELD. 
 HAZEN'S GRAMMATIC READERS. 
 
 RECOMMENDATIONS AND NOTICES. 
 From the Committee of tke Board of Education. 
 
 SCHENECTADY, October 12, 1846. 
 
 DEAR SIR : In compliance with a resolution of the Board of Trustees of 
 the Lancaster School Society, of this city, we have examined, with as much 
 care as the time allowed would permit us to bestow, the series of GKAM- 
 MATIC READERS. (Nos. I., II., and III.), of Mr. EDWARD HAZEN ; and, from 
 such examination, are enabled to say, that the series is well adapted to at 
 tain the object Mr. Hazen has had in view in its preparation, viz. : that of 
 enabling the scholar to understand the English language while learning to 
 read it. 
 
 With the gradations, and systematic and illustrative arrangement, of the 
 Readers, we are much pleased, and believe they will prove to be a very val 
 uable aid to Teachers of Common Schools, in instructing and interesting 
 their scholars in that branch of learning to which the series is devoted. 
 
 We shall not only report in favor of authorizing the introduction of the 
 Gramrnatic Readers into the schools under the care of the trustees, but 
 shall recommend tkeir introduction as speedily as practicable. 
 
 Very respectfully, yours, T. R. VAN INGEN, 
 
 THOMAS PALMER, 
 ALEX. HOLLAND. 
 From the Teachers of the Public Schools. 
 
 SCHENECTADY, October 8, 1S46. 
 
 DEAR SIR : We have briefly examined HAZEN'S GRAMMATIC READERS 
 (Nos. I. and II.), which you kindly presented to us, and believe that they 
 are well calculated for the object which the author has in view. There can 
 be no doubt that children will learn more rapidly a correct pronunciation 
 of words, arranged according to this system, than they will in many of tlio 
 books which we have in our schools. And there can be no reason why the 
 first principles of grammar may not be taught at the same time that the 
 scholar is learning to read. In short, we think the work worthy of the no 
 tice of the friends of popular education. 
 
 Respectfully, yours, WM. G. CAW, J. V. CLUTE 
 
 To Mr. FOSTER. A. W. COX, M. VEEDER. 
 
 From the New York Evening Gazette and Times. 
 
 "J. S. Redfield, of Clinton Hall, has just published the GRAMMATIC 
 READERS, Nos. I. and II., by EDWARD HAZEN, A. M., and we conceive them 
 to be the most elegant books of juvenile instruction ever issued in this or 
 any other country. The author's ability and qualifications for the task he 
 has undertaken have been already shown in 'Hazen's Speller and Definer ;' 
 and a most satisfactory further development of his system of imparting an 
 accurate knowledge of the elements of our vernacular will be found in the 
 book now under notice. It is, however, to its typographical and illustrated 
 character to which we referred, when speaking of the unsurpassed 'ele 
 gance' of this little school-book. It is printed on firm, thick paper, with 
 handsome open type, and contains sixty-eight engravings, from original 
 drawings by Chapman, which are among the most spirited sketches that 
 ever carne from the pencil of that accomplished artist ; and these are en 
 graved with a degree of skill and high finish that would befit an illustrated 
 edition of Gray or Goldsmith. 
 
 " Compared with this, the miserable wood-cuts with which young folks 
 have hitherto been obliged to be content in the volumes published, whether 
 for their amusement or instruction they mark a new era in publications 
 addressed chiefly to the young. Taste, that delicate quality of the trained 
 intellect (and which, with its twin-brother discrimination, makes a feeler to 
 the rrind as important to some of its operations as is the trunk of the ele 
 phant to the purveyance of the creature's proper food), true taste is minis 
 tered to in these drawings, at the season of life when it is most susceptible 
 of gentle and unconscious training. Boston, which we believe has hitherto 
 been the most famous city for its juvenile books, will doubtless, with its 
 readiness to appreciate a good thing, instantly acknowledge that the enter 
 prise of Mr. Redfield has given Nevy York so much the lead that it will re 
 quire great efforts to rival her in this department of book- making."