If we had not seen it we should refuse to credit our senses. The idea of any one holding court to-day to decide the question as to the existence of an independent American literature is incredibly funny. It is the peculiarity of criticism that any one can set up a court anywhere at any time for any purpose and with unlimited jurisdiction. There are no rules of procedure. There are no rules of evidence. There is no jury; the people who read books may sit packed in the court room, but there must be no interruptions. Order in the court! Usually the critic-judge sits alone, but sometimes there are special sessions with a full bench. Writs are issued, subpœnas served, witnesses are called and testimony is taken. An injunction may be applied for, either temporary or permanent. Nothing is easier than to be held in contempt. 5 The most striking peculiarity of procedure in the Critical Court is with regard to what constitutes evidence. You might, in the innocence of your heart, suppose that a man’s writings would constitute the only admissible evidence. Not at all. His writings have really nothing to do with the case. What is his Purpose? If, as a sincere individual, he has anywhere exposed or stated his object in writing books counsel objects to the admission of this Purpose as evidence on the ground that it is incompetent, irrelevant and immaterial; and not sound Art. On the other hand if, as an artist, he has embodied his Purpose in his fiction so that every intelligent reader may discover it for himself and feel the glow of a personal discovery, counsel will object to the admission of his books as evidence on the ground that they are incompetent, irrelevant and immaterial; and not the best proof. Counsel will demand that the man himself be examined personally as to his purpose (if he is alive) or will demand a searching examination of his private life (if he be dead). The witness is always a culprit and browbeating the witness is always in order. I am a highbrow and you are a lowbrow; what the devil do you mean by writing a book anyway?