be disputed. Mr. Alison asserts that much of the poetry of America is truly beautiful; and those who are acquainted with the best American writings of this class will doubtless agree with him. To produce true poetry, a man must possess the highest genius, he must be a creator, and in this respect he differs from the soldier, whose superior he is. "I would rather be the author of that poem," said General Wolfe, as he repeated the last stanza of Gray's Elegy, "than take Quebec to-morrow; " and he thus unconsciously bore testimony to the superiority of the poet to the man of arms. America has not yet produced a poet like Gray, but she has given birth to many true sons of song.

James K. Paulding and John Pierpont both published several poems of merit prior to 1820; but since that period they have produced their most admired lyrics. A superior poet, however, to either of these, is Richard H. Dana. His first poetical work, The Dying Raven, was published in 1825; and in 1827 appeared his Buccaneer, his most elaborate composition, and the one upon which his fame as a poet mainly rests. James A. Hillhouse, one of the ripest scholars of his time, wrote, in 1824, a sacred drama, entitled Hadad, which competent critics consider unrivalled. He had previously written a poem in blank verse, on the Judgment, the merits of which the lovers of true poetry cheerfully acknowledge.

These productions were followed by an elegant Ode to Shakspere, written by Charles Sprague, now regarded by many as one of the most vigorous and beautiful lyrics in the English language." In 1829 the same author produced a finished poem in the heroic measure, entitled Curiosity, which was published in Calcutta, as the work of a British officer, with the simple substitution of English for American names, and in this form was reprinted in England, and praised by the critics. Mr. Sprague has since written several pensive lyrics, among which the Winged Worshippers and The Two Brothers may be specially mentioned. Miss Hannah F. Gould is the authoress of a number of exquisite poems, mostly illustrative of the affections, and all imbued with a deep religious feeling. The most forcible and decidedly meritorious poem produced in the early part of this period, is the Thanatopsis of Bryant, written at the age of nineteen, and first published in 1821. Since that period, Mr. Bryant has written much and well. His poems, To the Evening Wind, June, To a Water Fowl, and The Battle Field, fully sustain the promise raised by his more youthful works. The Culprit Fay, by Joseph Rodman Drake, exhibits a richness of fancy and command of language rarely possessed by an author; and his address to the American Flag is a spirit-stirring lyric. Maria Brooks-better known as Maria del Occidente-produced a poem, published in London in 1833, which Southey regarded as one of the most remarkable productions of female genius.

Fitz-Greene Halleck's Marco Bozzaris and Ode to Burns, Percival's Deserted Wife, Brainard's Niagara, Wilde's My Life is like the Summer Rose, Morris's Woodman, spare that Tree, Dunn English's Ben Bolt, and Home, Sweet Home, by Howard Payne, are extensively known in Europe, and as extensively admired. We do not call attention to the last-named song as a specimen of a faultless lyric, but simply to the fact of its American origin. It was first sung at Drury Lane Theatre, in Mr. Payne's opera of Clari, or the

Maid of Milan, and its popularity was so great that upwards of one hundred thousand copies were sold within two years, and the publisher realized more than two thousand guineas profit.

It is not denied that America has not yet produced a great epic poet; but she has produced poets both male and female of a high order of talents. Some of Pinkney's and of Hoffman's songs are equal to many of Moore's; and several of Mrs. Sigourney's poems will not suffer by comparison with those of Mrs. Hemans. Whittier has a delicate fancy, and many of his compositions breathe a pure spirit of poetry. Holmes has written many exquisite lyrics, as have also Read, Tuckerman, Prentice, Hoyt, Gallagher, Stoddard, Boker, Morris, and Poe. The poems of the last mentioned partake of the peculiarities everywhere visible in his strong Saxon prose; and his Raven is without a compeer. Buchanan Read, although a young man, has written much that will endure the test of time. His Closing Scene has been pronounced by the North British Review equal to Gray's Elegy; and his Passing the Icebergs is warmly praised in a review of Lord Dufferin's High Latitudes, in the Quarterly Review, of October, 1857.

There are three American humorous poets whose productions are unrivalled by those of any other living writers. These are Oliver Wendell Holmes, John G. Saxe, and James Russell Lowell. The verses of the first possess much of the peculiar wit for which Thomas Hood was so famous. The story of Miss Mc Bride, by Saxe, sparkles with pun and satire; while much of the poetry in Lowell's Bigelow Papers, which are written in the peculiar phraseology of New England, is replete with sentiment, wit, and humour.

The sacred poems of N. P. Willis abound in descriptions and sentiments worthy their subjects, exhibiting in their author a perfect mastery of versification, an unusual appropriateness of expression, and the heart of the true poet. There is a tone of religion in these effusions which goes at once to the heart, and when read they are rarely forgotten.

Of American poets now living Longfellow is the most popular in Europe, and the many editions of his works published in Great Britain attest the high estimation entertained of him. Go where you may, some one is to be found who reads his pleasing poems-and this mastery over the good in our nature may properly be considered as an evidence of something approaching to greatness.

Before closing this reference to American poets we take pleasure in referring to the productions of Charles G. Leland, whose poems reveal a freshness as of nature. He is a graceful writer, and is extensively known by his many and most valuable contributions to the Knickerbocker Magazine, and they are among the ablest writings which have appeared in that excellent journal. A collected edition of some of these contributions to American Belles Lettres appeared at Philadelphia in 1855, under the title of Meister Karl's Sketch Book, which at once became popular. Mr. Leland has translated Henry Heine's Reisebilder, in which he has shown such a delicate appreciation of the marvellous beauty of one of Germany's greatest poets-such a thorough mastery of the German idiom-and such a poetic talent-that the translation alone stamps him as a true poet. In fact, the acquaintance of England and America with Germany's great poet dates only since the publication of Mr. Leland's

translation. His acquaintance with Jean Paul, as indicated by Meister Karl's Sketch Book, has imbued his mind with the spirit of the humorous poets of Germany, and led him into a style of thought not peculiar to any other American writer.

It is worthy of remark, that although a melancholy tone pervades the majority of American poetry, it is rarely blemished by immorality, or a spirit of morbid dyspeptic sentimentality. True, much of it is far from grand or inspiring-it lacks grasp and originality of thought. Yet, notwithstanding its mediocre character, it still possesses the power to please the mind and improve the heart.

Nothing of very decided mark, either in style, sentiment, or plot, has yet been contributed to dramatic literature by Americans. Still, in the period under notice, this branch of letters has been cultivated by several American writers with at least partial success. John Howard Payne wrote several successful plays, and dramatized many stories. His Brutus; or, the Fall of Tarquin, originally produced at Drury Lane Theatre, is not entirely disregarded now by managers; and his version of the drama of Theresa; or, the Orphan of Genera, is a stock piece on both sides of the Atlantic. He was a prolific writer, and for several years afforded constant amusement and satisfaction both by his pen and histrionic efforts to the playgoers of London.

So far as our research enables us to form an opinion, the first original American dramatic production of worth brought upon the stage in the United States in this period, was the Indian tragedy of Metamora, by John Augustus Stone, written for Edwin Forrest, and by him often performed with success. Its merits are by no means few. In 1829, Judge Conrad wrote Aylmere; or, Jack Cade, as it is sometimes called; a tragedy of great dramatic interest, and only unpopular in Great Britain because of its ultra democratic tone. It has kept the stage in the United States since its first representation, but, being the property of Mr. Forrest, is not often performed. A superior production, both in a dramatic and a literary point, is Dr. Bird's tragedy of The Gladiator, published in 1830, and based upon a well-known incident in Roman history, known as the Rebellion of Spartacus. The author has managed the materials of his story with skill, and his work is creditable to the literature of his country. Mr. Willis has written two plays, which sustain his reputation as a poet, each possessing great beauties, although defective for the purposes of the stage. They are entitled respectively, Tortesa, the Usurer, and Bianca Visconti, and were first published in London in 1844; although they had been acted prior to that in the United States.

Competent judges connected with the stage award to Mr. Epes Sargent the credit of having written the best acting tragedy yet produced by an American. It is entitled Velasco, was composed expressly for Miss Ellen Tree when in the United States, and by her performed with success, both in Boston and other American cities. It was brought out at the Marylebone Theatre, London, in 1850, and although severely criticised by most of the papers, was performed with applause for a number of nights.

The youngest and most finished in style and language of the dramatic authors of America is George H. Boker. In 1848, then quite a young man, he published his tragedy of Calaynos, a story founded on the hostile feeling

between the Spaniards and Moors, which soon became a favourite in the United States, and was produced at Sadler's Wells Theatre, London, in 1849, with much applause. He has written several plays since; and it is but justice to say that all go to establish his claim to an honourable position among the dramatic writers of the age, European or American.

We refer to these contributions to the drama of the United States rather as indications of awakening genius than as works destined to endure, as productions forming the foundation of a national dramatic literature, and although abounding in faults when tested by fair and severe criticism, still rich in literary beauties. They are but little known on this side of the Atlantic; and those which are, owe their place on the stage mainly to the actor, although abounding in fine poetic passages.

A majority of the great minds of America, whose fruits must yet become an honourable part of the nation's literature, is found among her orators. The speeches and writings of Clay, Webster, Calhoun, and others, whose talents have adorned the Senate of the United States, considered merely as literary productions, excel the efforts of many who aim at a purely literary reputation. They are among the greatest intellectual triumphs of the country. The Speeches and Forensic Arguments of Daniel Webster, to say nothing of those of the distinguished men above named, is a contribution to his nation's literature, not less valuable than are the works of Burke to the literature of Great Britain. Webster was an intellectual giant. The ponderous force of his mind strikes every reader of his speeches, and he will ever be regarded as one of the first, if not the very first, statesman of his age. There is a vigour, a power, and a manliness of style about his writings which the scholars, the orators, and the statesmen of future times cannot fail to admire. We look upon his published works as affording the best specimens of American eloquence, and as unsurpassed by anything of the kind in the English language.

CHAPTER V.

SECOND AMERICAN PERIOD, CONTINUED.

In an examination of American literature one is forcibly impressed with the fact that much of it is adapted to the practical purposes of life, and it would seem that in every generation since the formation of the government, the United States have furnished their proportion of this class of writings. Their increase, however, is more marked in the period now under review than in that from 1770 to 1820, and it is but fair to state that their literary excellence and general improvement keep pace with their numbers. It is since 1820 that the legal writers of America have gained the attention and approbation of Europe. There are several names in this department of American authorship which take rank with the ablest British juridical writers. Mr. Alison, who is by no means given to praising extravagantly anything American, says, "this class exhibits a degree of learning, judgment, and penetration, which, honourable to

any country, is in the highest degree remarkable in one, the career of which has so recently commenced." And this, it may be observed, is a far more weighty compliment than a superficial reading would convey. There must be mind of the first order to merit such praise, and that America should so early have given birth to such is a fact of which the countrymen of Story, of Keut, and of Wheaton, may justly be proud.

He

We must content ourselves with a rapid reference to the more prominent of these American jurists, and shall confine ourselves to a few names. Judge Kent published the first volume of his excellent Commentaries on American Law in 1826; his second, third, and fourth, between that and 1830. little expected they would meet with a favourable reception by the public; but they at once took a high place in legal literature, and are now universally considered the first authority of their kind. The clearness with which the writer states his cases, the force of his reasoning, and correctness of his conclusions, are not common to authors of the class.

Wheaton's great works on International Law have supplanted many older authorities of reputation. It would be useless to multiply commendations of this writer. Two of a decided character are deemed ample. The last section of the "Regulations for the Examination of Paid Attachés before the Civil Service Commissioners, approved by the Earl of Clarendon, 1st January, 1856," specifically provides that candidates, on being examined on promotion, “will further be required to satisfy the Commissioners that they possess such a knowledge of International Law as can be acquired from 'Wheaton's Elements of International Law,' and 'Wheaton's History of International Law."" And the first named of these has recently been formally adopted by the University at Cambridge, England, as the very best work of its kind extant, and as a manual for tuition by the Professor of Legal Science.

Judge Story, whose name is honourably known in Great Britain, produced some minor works prior to 1820; but the writings for which he is most celebrated in Europe-his Commentaries on the American Constitution, and on the Conflict of Laws-were not published until 1832 and 1834, respectively. The first of these at once secured attention in the Old World, and was translated into both French and German. Since then his Commentaries upon Equity Jurisprudence has added to his reputation as a profound lawyer, and no modern legal author is so highly honoured or respected by the profession in Great Britain as Judge Story.

Edmund Livingston's System of Penal Laws for the United States displays vast knowledge of the subject, and forms the basis of much that is good in modern jurisprudence. It was first published in 1828. It materially modified the penal laws of the world, and may properly be considered the first complete penal system, based upon philanthrophy, and designed to substitute mildness for severity in the punishment of criminals.

Although Judge Bouvier was by birth a Frenchman; and, according to our arrangement, should be ranked among Foreign writers in America, we deem it not improper, for several reasons, to introduce him here. He went to the United States at an early age, but was not at first designed for the law. His mind, however, was peculiarly adapted to the Legal Profession, and he became an eminent Judge. His two books, The Institutes of American Law, and