CHAPTER IX. (p. 171)

1837-1842.

By the end of 1837 Cooper had pretty sedulously improved every

opportunity of making himself unpopular. His criticisms had been

distributed with admirable impartiality. Few persons or places could

complain that they had been overlooked. The natural satisfaction that

any one would have felt in contemplating the punishment inflicted upon

his friend or neighbor, was utterly marred by the consideration of the

outrage done to himself. There was scarcely a class of Cooper's

fellow-citizens whose susceptibilities had not been touched, or whose

wrath had not been kindled by something he had said either in public or

in private, and by his saying it repeatedly. The sons of the Puritans he

had exasperated by styling them the grand inquisitors of private life,

and by asserting that a low sort of tyranny over domestic affairs was

the direct result of their religious polity. He had roused the

resentment of the survivors of the old Federalist party by declaring

that its design during the war of 1812 had been disunion, and that in

secret many of them still longed for a restoration of monarchy, and

sighed for ribbons, stars, and garters. He had not conciliated the party

with which he was nominally allied by his incessant attacks upon the

doctrine of free-trade. He had made Boston shudder to its remotest

suburbs, by stating again and again in the strongest terms that (p. 172)

it was in the Middle States alone that the English language was spoken

with purity. The New England capital he had further described as a

gossiping country town with a tone of criticism so narrow and vulgar as

scarcely to hide the parochial sort of venom which engendered it. He had

charged upon New Yorkers that their lives were spent in the constant

struggle for inordinate and grasping gain; that to talk of dollars was

to them a source of endless enjoyment; and that their society had for

its characteristic distinction the fussy pretension and swagger that

usually mark the presence of lucky speculators in stocks. He had

attributed to the whole trading class a jealous and ferocious

watchfulness of the pocket, and a readiness to sacrifice at any time the

honor of the country for the sake of personal profit. To the native

merchants he had denied the name of real merchants. They were simply

factors, mere agents, who were ennobled by commerce, but who did not

themselves ennoble it. The foreign traders resident here fared no

better. They had never read the Constitution of the country they had

made their home, and were incapable of understanding it if they should

read it. Always judging of American facts in accordance with the

antiquated notions in which they had been brought up, they were largely

responsible for the erroneous opinions entertained and blundering

prophecies made in Europe in regard to the condition and future of the

United States. The educated class, above all, he had denounced for its

indomitable selfishness and its hatred of the rights of those socially

inferior. It was entirely behind the fortunes of the country and still

cherished prejudices against democracy that the very stupidest of

European conservatives had begun to lay aside. The newspaper (p. 173)

press he had assailed with a pungency and vigor which it in vain sought

to rival. He was spattered by it, however, with almost every opprobrious

term that belongs to the vocabulary of wrath and abuse. Invention was

tasked to furnish discreditable reasons for all that he said and did.

That inexhaustible capacity of devising base motives for conduct, which

is an especial attribute of mean minds, had now opportunity to put forth

its full powers in the way of insinuation and assertion. It did not go

unimproved. A common charge brought against him after the publication of

the "Letter to His Countrymen" was that it had been written for the sake

of gaining office. It was even said that Van Buren had a hand in it.

Then and afterward, the Whig newspapers represented Cooper as seeking

the position of Secretary of the Navy. Denial availed him nothing. It

would certainly have not been at all to his discredit to have desired

the place; for he knew a great deal about the navy, and its interests

were very dear to his heart. For these very reasons his appointment to

it would have been in violation of the traditional policy of the

government. It was probably never once contemplated by any

administration, as it was certainly never asked by Cooper himself.

The two extracts that have already been given are doubtless sufficient

to satisfy any curiosity that may exist in regard to the way in which he

was spoken of by the press of America. Yet coarse as was its

vituperation, it was surpassed by that of Great Britain. Englishmen may

have felt, and have felt justly, that Cooper took an unfair view of

their social life and political institutions. National character sweeps

through a range so vast that a man will usually be able to find in it

what he goes to seek. Even under the most favorable conditions (p. 174)

the tastes of a coterie or the habits of a class are made the standard

by which to estimate the tastes and habits of a whole people. Certain it

is that the view of any nation is to be distrusted which is not taken

from a station of good-will. But granting that Cooper was unjust in his

observations, there was nothing he said which afforded the least excuse

for the coarse personality with which he was followed from the time he

published his volumes on England. The remarks of the ordinary journals

can be dismissed without comment. But brutal vituperation was found in

abundance in periodicals which claimed to be the representatives of the

highest cultivation and refinement. According to "Blackwood's Magazine,"

Cooper was a vulgar man, who from having been bred to the sea had been

enabled to give some striking descriptions of sea-affairs, and in

consequence had unluckily imagined himself a universal genius. It went

on to add, that on the strength of the trifling reputation he had

acquired by stories descriptive of American life, he had come to Europe,

and had since been partly traveling on the Continent to pick up

materials for novels, and partly residing in England, actively employed

in the effort to introduce himself into society. In this it admitted he

might have been partially successful, for the English were a very

yielding people and did not take much trouble to resist attempts of this

kind. "Blackwood," however, was outdone in this rowdy style of reviewing

by "Fraser's Magazine." From that periodical we learn that Cooper was "a

passable scribbler of passable novels," a "bilious braggart," a "liar,"

a "full jackass," "a man of consummate and inbred vulgarity," "a bore of

the first magnitude in society," who went about fishing for (p. 175)

introductions. "But this," it concluded, speaking of his England, "was

his last kick, and we shall not disturb his dying moments." Two years

later the magazine seemed to think he had some power of kicking left,

for it returned to the charge in consequence of his review of Lockhart's

"Life of Scott." In this article he was called a "spiteful miscreant,"

an "insect," a "grub," a "reptile." The "Quarterly Review" was as

virulent and violent as the magazines, but the attack was more skillful

as well as longer and more elaborate. By garbling extracts it cleverly

insinuated a good deal more than it said, and it so contrived to put

several things that the reader could hardly fail to draw inferences

which the writer must have known to be false. Even these attacks were

equaled if not surpassed at a later period by the "London Times." A

nominal review in that journal of "Eve Effingham," as "Home as Found"

was entitled in England, was really devoted to personal vituperation of

the novelist. It ended with the assertion that he was more vulgar than

ever, and was the most "affected, offensive, envious, and

ill-conditioned" of authors. Altogether Cooper must have been impressed

with the effectiveness of the blow which he had struck by the violence

with which it was resented. It seems hard to believe that remarks such

as have been quoted should have been thought to establish anything but

the vulgarity of the men who wrote them. Yet they apparently answered

their purpose. The very latest notice of Cooper's life which has

appeared in Great Britain, characterizes his work on England as an

"outburst of vanity and ill-temper." It certainly contained some

ill-judged remarks which have been made the most of by his enemies; but

this estimate, like many other assertions in the same sketch, was (p. 176)

not got from reading the work itself, but from what British periodicals

had said about it.

Such was the kind of criticism that the novelist now mainly received in

the two great English-speaking countries. These flowers of invective do

not constitute an anthology which an Englishman or American of today can

read with pleasure, or contemplate with pride. It was the comments made

by his countrymen that naturally touched Cooper most nearly. His nature

was of a kind to feel keenly, and resent warmly insinuations and charges

that impugned the purity of his motives. Nor was his a disposition to

rest quiet under attack or to assume merely the defensive. He retorted

in letters, in works of fiction, and in books of travel. Finally he

resorted to libel suits. Never, indeed, was a fiercer fight carried on

by an individual against a power more mighty than Cooper carried on with

the press. It had a thousand tongues, he had but one; but it often

seemed as if his one had the force of a thousand. The epithets he

applied to newspapers were not of the kind with which they were in the

habit of celebrating themselves. Their enterprise in obtaining news he

described as a mercenary diligence in the collection and diffusion of

information, whether true or false. Nor were his comments upon those

concerned in carrying them on more favorable. What we should call a

reporter he, on one occasion, mildly spoke of as a "miscreant who

pandered for the press." In the last novel he wrote, he energetically

termed this whole class the funguses of letters who flourished on the

dunghill of the common mind; and that in their view the sole use for

which the universe was created was to furnish paragraphs for

newspapers. Men in the higher grades of the profession fared (p. 177)

little better. Against the political journals, in particular, he brought

the charge that under the pretence of serving the public they were

mainly used to aid the ambition or gratify the spite of their editors.

Even as early as 1832, Cooper had awakened the indignation of the press

by an incidental remark made in the introduction to "The Heidenmauer."

He was describing a journey through a part of Belgium in which the Dutch

troops had been operating the week before his arrival. They had been

reported as having committed unusual excesses. Of these excesses he said

he could find no trace. He went on to add a sentence which has

apparently only a slight connection with what had gone before. "Each

hour, as life advances," he wrote, "am I made to see how capricious and

vulgar is the immortality conferred by a newspaper." This remark was

warmly resented. It was asserted to be a declaration, not merely of

indifference to the opinion of the press, but of a preference on his

part of its censure to its praise. Its business, therefore, was to see

that his wishes should be carried out.

After the controversy in regard to the Three Mile Point, the attacks of

the Whig journals increased in bitterness. The state of mind it caused

in Cooper can be seen in a little volume, published by him in April,

1838, entitled "The American Democrat." This work is made up of a

singular mixture of abstract discussions on liberty and equality, on the

nature of parties, on forms of government, and of remarks on national

habits and manners. It is not an interesting hook. Yet it is fair to say

of it, that it is animated throughout by a lofty patriotism, and it

manifests a clear view of the dangers and duties of a democracy, (p. 178)

with its comparative advantages and disadvantages. But it likewise

exhibited some of the most uncompromising traits of the author's

character. In writing it, he was not aiming at popularity; it might not

be much out of the way to say that he was aiming at unpopularity. The

doctrine with which he sets out is, that in this country power rests

with the people, and power ought always to be chidden rather than

commended. He was accordingly liberal in criticism. But the value of

what he said was largely impaired, if not wholly destroyed by the

one-sidedness of view and tendency to over-statement into which his

ardor of feeling now habitually hurried him. In nothing is this

extravagance more strikingly seen than in the comments in this work upon

the press. There was a great deal of truth in what he said; but the

justice of some of his views was deprived of any effect by the

exaggeration and consequent injustice of others. The substance of his

remarks was that there were more newspapers in this country than in

Europe, but they were generally of a lower character. The multiplication

of them was due to the fact that little capital was required in their

creation, and little intelligence employed in their management. Their

number was, therefore, not a thing to be boasted of but rather to be

sorrowed over, since the quality diminished in an inverse ratio to the

quantity. Nor was there anything in the methods employed by the press

that justified any exultation in its prosperity. It tyrannized over

public men, over letters, over the stage, over even private life. Under

the pretence of preserving public morals, it corrupted them to the core.

Under the semblance of maintaining liberty, it was gradually

establishing a despotism as rude, as grasping, and as vulgar as (p. 179)

that of any state known. It loudly professed freedom of opinion, but

exhibited no tolerance. It paraded patriotism, but never sacrificed

interest. But its great fundamental failing was the untrustworthiness of

its statements. It existed to pervert truth. Its conductors were mainly

political adventurers. They were unscrupulous, but they were not so

utterly ignorant that they failed to see the necessity of occasionally

making correct assertions. It was, however, this mixture of fact with

fiction that was the chief cause of the evil influence exerted. The

result of it all was that the entire nation, in a moral sense, breathed

an atmosphere of falsehood. He concluded his indictment by declaring

that the American press would seem to have been expressly devised by the

great agent of mischief, to depress and destroy all that was good, and

to elevate and advance all that was evil.

This style of remark was certainly not designed to win newspaper favor

or support. But he went even farther in his novels of "Homeward Bound"

and "Home as Found." In those two works he drew the portrait of an

American editor in the person of Steadfast Dodge of the Active Inquirer.

All the baser qualities of human nature were united in this ideal

representative of the press. He was a sneak, a spy, a coward, a

demagogue, a parasite, a lickspittle, a fawner upon all from whom he

hoped help, a slanderer of all who did not care to endure his society.

Such a picture did not rise even to the dignity of caricature. Nor is it

relieved either in this work or elsewhere by others drawn favorably. The

reader of Cooper will search his writings in vain for a portrait which

any member of the editorial profession would be glad to recognize as his

own.

All this was vigorous enough, but it could hardly be called (p. 180)

profitable. Cooper had now cultivated to perfection the art of saying

injudicious things as well as the art of saying things injudiciously.

His ability in hitting upon the very line of remark that would still

further enrage the hostile, and irritate the indifferent and even the

friendly, assumed almost the nature of genius. The power of his attacks

could not be gainsaid. But while they inspired his opponents with

respect, they filled his friends with dismay. He was soon in a singular

position. He enjoyed at one and the same time the double distinction of

being reviled in England for his aggressive republicanism, and of being

denounced in America for aping the airs of the English aristocracy. It

hardly seemed a favorable time for beginning hostilities in a new field.

Yet it was then that he entered upon his famous legal war with the Whig

newspapers of the state of New York.

A detailed account of the libel suits instituted by Cooper would form

one of the most striking chapters in the history of the American press;

and for some reasons it is to be regretted that the plan he had of

writing a full account of them was never carried out. Here only a slight

summary can be given. It is well to say at the outset that many

assertions ordinarily made about them are utterly false. For certain of

these prevalent misconceptions Greeley is responsible. He spoke of these

trials with some fullness in commenting upon libel suits in his

"Recollections of a Busy Life." But Greeley's life was too busy for him

always to recollect accurately. While he had not the slightest intention

to say anything untrue, what he said was in some instances of this

character; though more often it was misleading rather than false. (p. 181)

But outside of what Greeley has written, there are several erroneous

assertions current. One of the most common of these is the statement

that Cooper's success in them was mainly due to the application of the

law maxim, that the greater the truth the greater the libel. There was

never any ground for even an insinuation of this kind. Cooper, when his

attention was called to it, treated it with contempt. "The pretense," he

wrote in 1845, "that our courts have ever overruled that the truth is

not a complete defense in a libel suit in the civil action, can only

gain credit with the supremely ignorant." In criminal indictments the

New York statute of 1805 had expressly declared that the truth might be

pleaded in evidence by the defense. The Constitution of 1821 made this

provision part of the fundamental law, and it was adopted from that into

the Constitution of 1846. The assertion owed its origin wholly to the

effort of beaten parties to explain their defeat on some other ground

than that they had been found guilty of the offense with which they had

been charged.

A more preposterous statement even than this was that the question

involved in these suits was the right of editors to criticise the

productions of authors. In not one of these trials was the literary

judgment passed by the reviewer mentioned as having the slightest

bearing on the case. It ought not to be necessary to say that it was the

attack upon the character of the man that alone came under the

consideration of the courts, and not that upon the character of the

book. The impudent pretense was, however, set up at the time that the

press had a right to go behind the writer's work, and assail him

himself. "Does an author," said "The New Yorker" in February, (p. 182)

1837, "subject himself to personal criticism by submitting a work to the

public? If he makes his work the channel of disparagement upon masses of

men, he does."

The most marked feature of these trials is that Cooper fought his battle

single-handed. With a very few exceptions,--notably the "Albany Argus"

and the "New York Evening Post,"--the press of the party with which he

was nominally allied, remained neutral. Some of them were even hostile;

for the novelist's criticism of editors had known no distinction of

politics. On the other hand, the press of the opposition party was

united. From East to West they bore down upon Cooper with a common cry.

No event in his life showed more plainly the fearless and uncompromising

nature of the man; nor again did anything else he was concerned in mark

more clearly his versatility and vigor. In these trials he was assisted

by his nephew, Richard Cooper, who was his regular counsel. But outside

of him, in the civil suits, he had very rarely any help, and in most of

them he argued his own cause. Wherever he appeared in person he seems to

have come off uniformly victorious. Nor were his victories won over

inferior opponents. The reputation of the lawyer is under ordinary

conditions limited necessarily to a small circle. Even in that,

considering the amount of intellectual acuteness and power displayed, it

is an exceedingly transitory reputation. But the men against whom Cooper

was pitted stood in the very front rank of their profession. They were

leaders of the bar in the greatest state in the Union. Nor have times so

far swept by that their names are not still remembered; and stories are

still told of their achievements by those who have taken their (p. 183)

places. Cooper, not a lawyer by profession, met these men on their own

ground and defeated them. It was not long, indeed, after these suits

were instituted, that it was claimed by his friends, and often conceded

by his foes, that he was the one man in the country best acquainted with

the law of libel. Our surprise at his success is increased by the fact

that he was not only unpopular himself, but he was engaged in an

unpopular cause. The verdicts he won were usually small in amount, but

they were wrung from reluctant juries, and frequently in the face of

bitter prejudices that had to be overcome before he could hope for a

fair consideration of his own side.

At the outset the editorial fraternity were disposed to take these libel

suits jocularly. They were looked upon as a gigantic joke. Nor did this

feeling die out when the first trial resulted in Cooper's favor. It was

proposed that the newspapers throughout the country should contribute

each one dollar to a fund to be called "The Effingham Libel Fund," out

of which all damages awarded the novelist were to be paid. Every

additional suit was welcomed with a shout. As time went on this

insolence gave way to apprehension. In nearly every case the plaintiff

was coming off successful. The comments of the press began to assume an

expostulatory tone. Cooper was gravely informed that were he to be tried

in the High Court of Public Opinion--this imaginary tribunal was usually

made imposing by dignifying its initial letters--for his libels upon his

country and his countrymen, the damages he would have to pay would not

only sweep away the amounts given him by the results in the regular

courts, but even the profits that had accrued from the sale of his

novels. These remonstrances were often animated also by a (p. 184)

new-born zeal for his literary fame. He was told he was his own greatest

enemy. He was doing himself irreparable injury by the course he was

taking. He was so acting as to lose the reputation he had early won.

This feeling naturally increased in intensity as suits continued to be

decided in his favor. The newspapers at last rose to the full

appreciation of the situation. The liberty of the press was actually in

danger. The trials were said to be conducted in defiance of law as well

as justice. The judges belonged to the Democratic party, and they

wrested the statutes from their true intent in order to oppress the Whig

editor. There came finally to be something exquisitely absurd in the

utterances of the journals on the subject of these suits. One would

fancy from reading them that the plaintiff was a monster resembling the

bloodthirsty ogre of a fairy tale, bullying judges, overawing juries,

maliciously bent on crushing the free-born American who should have the

temerity to express an unfavorable opinion of his writings. Coriolanus,

indeed, never fluttered the dove-cotes in Corioli more effectively than

for some years Cooper did the Whig newspaper offices of the state of New

York.

The origin of the suits was as follows: An account of the circumstances

connected with the Three Mile Point controversy appeared, immediately

after they had taken place, in the "Norwich Telegraph," a paper

published in the neighboring county of Chenango. The article began with

a reference to Cooper. "This gentleman," it said, "not satisfied with

having drawn upon his head universal contempt from abroad, has done the

same thing at Cooperstown where he resides." In this spirit it (p. 185)

went on to give its report of the events told in the preceding chapter.

"So stands the matter at present," it closed its account, "Mr. J. F. C.

threatening the citizens on the one hand, and being derided and despised

by them on the other." In conclusion it called upon the "Otsego

Republican," the Whig newspaper of Cooperstown, to furnish all the facts

in the case.

The latter journal was edited by a man named Barber. He was not slow to

comply with the request, and in one of the numbers of August, 1837, he

republished the article of the "Chenango Telegraph" with additional

assertions of his own. The latter belonged more to the realm of fiction

than of fact. Three Mile Point he declared had been reserved expressly

for the use of the inhabitants of Cooperstown by the father of the

novelist. When the notice was published depriving them of their rights,

a meeting had been called which had been largely attended. The room was

crowded with the industry, intelligence, and respectability of the

village. Powerful addresses were made and a series of resolutions were

passed. These expressed the feelings of all present. "The remarks," the

newspaper continued, "were of a lucid character, and the resolutions,

full, pungent, and yet respectful."

Two days after this article had appeared, the editor received a letter

from Cooper's counsel which was to the effect that he would be

prosecuted for libel unless he retracted his statements. On his side the

novelist undertook to make perfectly clear to him that his assertions

were untrue; but he expected, after the real facts had been set before

him and fully examined, that he would take back what he had said. "No

atonement," the letter concluded, "will be accepted, that is not first

approved of by the plaintiff in the suit." Barber was not (p. 186)

disposed either to retract or to investigate the accuracy of the facts

he had stated. He published the letter, however, with the usual solemn

declaration that seems to be kept in type in all newspaper offices, that

in doing what he had done he had been actuated solely by the noblest

motives; that he had not published anything libellous; that if in

anything he had been misinformed, he held himself always ready to make

the proper correction. "In conclusion," he said, "not being sensible of

having injured Mr. Cooper, we consider that we have no atonement to

offer." Under these circumstances the suit went on. It did not come to

final trial until May, 1839, at the Montgomery circuit of the Supreme

Court. Joshua A. Spencer was the principal lawyer for the defense, while

Cooper conducted his own case. The jury returned a verdict of four

hundred dollars for the plaintiff. Eventually the editor sought to evade

in various ways the payment of the whole award, and did succeed in

evading the payment of a good part of it. A terrible outcry was,

however, raised against Cooper because the sheriff levied upon some

money that had been carefully laid away and locked up by Barber in a

trunk.

With this begins the famous series of suits that occupied no small share

of the few following years of the author's life. At the time the first

one was decided, another was pending against the editor of the "Chenango

Telegraph." The leading Whig newspapers naturally took the side of their

associates. For a time they had a good deal to say about the greatest

slanderer of the whole profession pouncing upon one of the fraternity

least able to defend himself, simply because in a moment of haste and

excitement he had been guilty of what they were pleased to call (p. 187)

a technical libel. It did not seem to occur to them, that any one

could be so foolhardy as to make them the object of attack. They did not

have to wait long to discover that the influence wielded by a journal

was no protection. Besides the newspapers already mentioned, Cooper

prosecuted the "Oneida Whig," published at Utica. This suit was tried in

April, 1842. Though successful in it, the damages awarded were slight,

being but seventy dollars. A suit, tried little more than six months

before against the "Evening Signal," of New York city, edited by Park

Benjamin, had resulted in the recovery of a larger sum. The amount in

this case was three hundred and seventy-five dollars. With these

exceptions his suits were directed against the "Courier and Enquirer,"

edited by James Watson Webb; "the Albany Evening Journal," edited by

Thurlow Weed; the "Tribune," edited by Horace Greeley, and the

"Commercial Advertiser," edited by William Leet Stone. These were the

leading Whig journals in the state, and among the most influential in

the whole country. It could not be said that Cooper hesitated about

flying at high game.

In the controversy with Webb, Cooper had the least success. This was

partly due to the fact that it was not a civil action that was brought

against the former, but a criminal indictment. Juries might make editors

pay for the privilege of expressing their feelings of contempt or hate,

but they were not inclined to send them to prison. The indictment in

this case was based upon a criticism of "Home as Found." The review,

which was of several columns in length, had appeared in the "Courier and

Enquirer" of November 22, 1838. There was very little in the way of

hostile insinuation and assertion and personal depreciation that (p. 188)

could not be found in this article and in some which followed. The

attack was moreover a skillful one. It was directed largely against

those points where Cooper had fairly laid himself open to ridicule.

Especially was this the case in the matter of descent and family. Webb

represented the novelist as the son of a humble hawker of fish through

the streets of Burlington, who had afterward become a respectable though

not a first-class wheelwright. By probity, industry, and enterprise he

had finally risen to wealth and position. The maternal grandmother of

the author had, according to this same story, for more than twenty years

occupied a stall and sold fresh vegetables in the Philadelphia market,

and was remarkable for the superior quality of the articles she kept.

Webb praised the father at the expense of the son. The former had never

been ashamed of his humble origin. On the contrary, he was justly proud

of the intelligence and ability which, unaided by any mere external

advantages, had raised him to a station in life so much higher than he

at first held. Of such a career any child had a right to be proud. These

were statements that could not well be resented, conceding that they

were injurious, nor could they well be corrected, conceding that they

were untrue. Webb, who had recently returned from Europe, asserted,

moreover, that he had been present at a dinner-party in London, where

"Home as Found" came under discussion. On that occasion he had fallen

into a conversation about it with "a nobleman of distinction." The

latter informed him that Cooper's attack upon English society had

materially injured the sale of his works in that country, and it was

evident that he was now seeking to regain the ground and the (p. 189)

market he had lost, by praising everything English at the expense of

everything American; but as his base motives were now fully understood,

no one was led astray. The reported conversation carries internal

evidence of its authenticity. It required a very noble lord to impute to

a well-known writer motives so very noble; and none but an Englishman

could have appreciated so fully the eternal conditions of success in the

English market. These remarks of Webb's are, however, merely incidental.

His direct personal attack on Cooper rivaled that of the British

periodicals in ferocity. "We may and do know him," said he in the only

extract for which there is room, "as a base-minded caitiff who has

traduced his country for filthy lucre and low-born spleen; but time only

can render harmless abroad the envenomed barb of the slanderer who is in

fact a traitor to national pride and national character."

For this article Webb was indicted by the grand jury of Otsego County,

in February, 1839. In June of the same year a second indictment was

found against him for saying that the first was secured by political

trickery. The trial, for various reasons, did not come off until

November, 1841. Webb made a public retraction of the statements upon

which the second indictment was found; and this was accepted on the part

of the prosecution. On the trial for the first indictment the jury

disagreed. The defendant objected to Cooper's summing up the case, and

this objection the court sustained. It was a wise policy: for the trials

in the civil suits showed that the novelist was full as effective in

addressing a jury orally as he ever was in addressing the public in his

most successful stories. One amusing feature of this case was that the

two volumes of "Home as Found" were read to the jury from (p. 190)

beginning to end by the plaintiffs counsel, Ambrose L. Jordan.

Cooper was not discouraged by the ill result of this trial. The

indictment was still pressed. A second trial took place at Cooperstown

in June, 1843. Again the jury disagreed. A third trial is reported to

have taken place and to have resulted in the acquittal of Webb; but I

find no account of it in the newspapers to which I have had access.

The suits brought against the "Albany Evening Journal" were, however,

the most striking in this whole contest. They show, too, more clearly

than the others, the spirit and methods with which it was waged on both

sides. Some features are especially marked. One is the illustration

furnished of the onslaughts that were made upon the novelist's character

and reputation, not from any real ill-will, but from pure wantonness or

at least very slight political hostility. Another is the jaunty

superciliousness with which the conductors of the press at first

affected to treat the threats of prosecution. More noteworthy than

anything else, however, is the view given of the deliberate manner in

which Cooper began these suits, and the relentless tenacity with which

he followed them up. The "Evening Journal," of which Thurlow Weed was

then the head, partly from the political skill of its editor, and partly

from its being the organ of the party at the state capital, was, at that

time, the most influential Whig journal in New York. Weed published in

it, in two different numbers of August, 1837, the articles which had

appeared in the "Chenango Telegraph" and the "Otsego Republican" about

the Three Mile Point controversy. He accompanied them with some comments

of his own in regard to Cooper. "He was, as is known," said he in (p. 191)

his second notice, "pretty generally despised abroad. He is now

equally distinguished at home." The editor then went on to speak of the

act of meanness, as he termed it, which had excited the contempt of the

novelist's neighbors; and that the more precise account now furnished by

the "Otsego Republican" would rather increase than diminish the measure

of scorn that had been aroused. Much was Weed's surprise when, on the

18th of April, 1840, he received a letter from Cooper's counsel

requiring a retraction of what had been said in 1837, and a further

statement that it must be made within a certain time or a suit for libel

would be begun. He treated this notice cavalierly. He was amused by it

even more than he was astonished. As it had taken three years for Cooper

to bring the suit, he concluded that he would take three weeks at any

rate to reply to the demand for a retraction. A second letter from

Cooper's counsel, dated the 4th of May, met with the same neglect.

Accordingly on the 25th of that month he had the pleasure of announcing

that he had been sued for libel by "Mr. John Effingham."

The case after being put off once on a very frivolous pretext, came to

trial at the Montgomery circuit of the Supreme Court, held at Fonda, in

November, 1841. When it was called Weed was not present, nor was counsel

for him. Cooper consented to have the case go over for a day. It was

then called again. Nothing was seen of the defendant, nothing had been

heard from him. The case was accordingly sent to the jury with a speech

from the plaintiff's counsel. A verdict of four hundred dollars was

returned. Weed arrived at Fonda the evening of that day, and wrote

anonymously to the "New York Tribune" an account of what had taken (p. 192)

place. In some of its details it was more entertaining than accurate.

The reason he gave for his absence from the trial was that he had been

kept at home by severe illness in his family. But the result enabled him

to notice in this manner the sum awarded by the jury.

"This meagre verdict under the circumstances is a severe and mortifying

rebuke to Cooper, who had everything his own way.

"The value of Mr. Cooper's character, therefore, has been judicially

determined.

"It is worth exactly four hundred dollars."

For the publication of this letter a suit was immediately begun against

the "Tribune." But though he wrote for that journal an amusing account

of the trial, in his own paper Weed gave vent to the anger which the

result had excited. The verdicts gained in his various cases by "this

man Cooper," he said, had made "deep inroads upon a fame once bright and

enviable, but now sadly dim and dilapidated." He then recited in full

the misdeeds of the novelist. "For all this," concluded the aggrieved

editor, "connected with the attempt to deprive the citizens of a social

privilege with which they were invested by his honored father, we said

Mr. Cooper was despised. And for this he prosecuted us. And now having

again said it he may again prosecute us, if he wants and thinks he can

obtain four hundred dollars more."

Weed did not appreciate the fact that he was not dealing with a

politician, but with a man indifferent to or rather contemptuous of

popular clamor. His challenge was immediately accepted. Early in

December, 1841, he was able to announce the fact that he had been (p. 193)

sued again. "The sheriff," he said, "has served another writ upon

us for an alleged libel upon Cooper. It remains to be seen how much

longer courts and juries will sanction this legal persecution of a man,

who after libeling his country and calumniating his countrymen, seeks to

muzzle a free press." The jocular tone used at first had all vanished.

Instead it was replaced by a fierce spirit of wrathfulness and defiance.

During the whole of December, 1841, Weed kept constantly republishing

extracts from other newspapers reflecting upon and attacking Cooper's

character and conduct. These were, he said, "sharp rebukes" of the

novelist's "ridiculous and unworthy attempt to disgrace his own country

to gain the favor and smiles of the nobility abroad." Some of these

newspaper comments furnish very amusing reading now, especially as the

impunity of most of the writers was due to their insignificance. "We

rejoice," said one of them, "to witness the spirit of independence

manifested by the conductors of the press. It proves their incorruptible

integrity and their love of principle, their firm hostility to foreign

notions, and their detestation of the man who seeks to ape the high and

aristocratic manners of English nobility." These valorous declarations

came mainly from the country papers of the state of New York, for the

"Evening Journal" was the Triton of these minnows. Weed, however,

eagerly reproduced everything that came from outside. One article, in

particular, from a Chicago paper, was published, in order that Cooper

might see "what right-minded and unprejudiced people say and think of

him far away in the boundless West."

The appeal was to deaf ears. Neither contracted East nor boundless (p. 194)

West affected Cooper's resolution. As fast as the articles were

republished, they were carefully examined, and prosecutions begun

against the "Evening Journal" for those of them containing libelous

matter. By the middle of December five suits had been commenced, and

more were under consideration. A little later, if contemporary newspaper

reports can be trusted, the number had swelled to seven. The editor

began to appreciate the difficulty and danger of the situation. His

courage, however, did not falter. In fact he looked upon himself as

manfully standing in the gap for freedom of speech. "These suits," he

said "will determine whether an Independent Press is to be protected in

the free exercise of honest opinion, or whether it is to be overawed and

silenced by the persecutions of an inflated, litigious, soured novelist,

who, in his better days by the favor of the Press, made the money with

which he now seeks to oppress its conductors, and sap its independence."

He did not purpose to flinch from his duty. Accordingly he announced

that he should continue publishing these attacks until Cooper ceased

prosecuting.

In this determination he was encouraged by the result of two suits tried

in April, 1842, in the Otsego County Court. Though he was beaten in

both, the verdict was for small amounts. In one case it was fifty-five

dollars, in the other eighty-seven dollars. This convinced the press

that the tide was turning. Again the country newspapers were filled with

libelous paragraphs. Again the novelist was denounced for his heartless

abuse of his country, and his soulless and contemptible vanity. Again

these strictures were carefully collected from every quarter, no matter

how insignificant, and republished in the columns of the "Evening (p. 195)

Journal." But these cheerful anticipations were speedily dissipated.

Another suit, tried at Fonda in the Supreme Court in May, 1842, resulted

in a verdict of three hundred and twenty-five dollars for the plaintiff.

The country papers were indignant. One of the editors sagely suggested

that "if judge and jury are to carry on this war on the press to gratify

individual malignity much further, it would be well for all editors to

unite in petitioning the legislature to pass a law that judges should

discharge their duties impartially, and juries be composed of honest and

intelligent men." This profound suggestion marks pretty plainly the

intellectual grade to which most of the writers of these paragraphs had

attained. Before it could be acted upon another suit had been decided.

In the September term of the Supreme Court held at Cooperstown, a

further verdict of two hundred dollars was awarded. In the following

month a new suit was begun.

Weed had fought his fight manfully. But the business of publishing

libelous paragraphs at these rates, low as they were, was ceasing to be

either pleasant or profitable. Besides his own counsel fees, the adverse

verdicts carried with them heavy costs. He concluded to let the liberty

of the press take care of itself. Accordingly, on the 14th of December,

1842, he published, though with a grumbling comment, a retraction of all

his previous statements. It had been previously submitted to the eminent

lawyer, Daniel Cady, and by him approved. It withdrew, first, the

allegations contained the previous year in a specific article in the

paper. "On a review of the matter and a better knowledge of the facts,"

were the words of the retraction, "I feel it to be my duty to withdraw

the injurious imputations it contains on the character of Mr. (p. 196)

Cooper. It is my wish that this retraction should be as broad as the

charges. The 'Albany Evening Journal' having also contained various

other articles reflecting on Mr. Cooper's character, I feel it due to

that gentleman to withdraw every charge that injuriously affects his

character."

The course of instruction had been protracted and expensive, but the

lesson had been learned at last. The independence of the press had been

crushed by the domineering despot of Cooperstown. The controversy

threatened to break out again in 1845, but it seems never to have got

beyond words. There is a comic element introduced into the whole affair

by the fact that the editor of the "Journal" was a profound and even

bigoted admirer of his adversary's novels. So fond was he of quoting

from them, that according to Greeley, jokers at that time gravely

affirmed that Weed had never read but three authors,--Shakespeare,

Scott, and Cooper. In the very heat of the controversy he was said to

have sat up all night reading "The Pathfinder," which had come out a

little while before. Greeley also asserts that the paragraphs which

appeared in the "Evening Journal" were merely designed as gentle

reminders to the novelist of the folly of the course he was pursuing.

This might find belief in a society in which telling a man that he was

an object of universal contempt would be deemed an expression of

friendly interest in his welfare. When he says, in addition, that there

was no shred, no spice of malice in these assaults, he takes away the

sole ground on which a plea of palliation can be brought. If not due to

that they had not even the poor excuse of weak human nature. They were

the wanton acts of a man who attacks another, not from (p. 197)

indignation or wrath, but from the mere desire of inflicting annoyance

or pain.

The controversy with the "Commercial Advertiser" belongs not here but to

the account of the "Naval History." It has already been said that the

"Tribune" had been sued for the publication of Thurlow Weed's letter

describing the trial at Fonda in November, 1841. In December, 1842, this

case came off at Ballston. Greeley assumed the conduct of the defense.

He was unsuccessful. The jury brought in against him a verdict of two

hundred dollars and costs. "We went back to dinner," he wrote, "took the

verdict in all meekness, took a sleigh and struck a bee-line for New

York." No sooner had he reached the city than he published a most

entertaining account of the whole trial. It filled eleven columns of the

"Tribune," and the demand for it became so great that it was found

necessary to publish it in pamphlet form. For some expressions in it

Cooper began another suit. In this instance Greeley gave up the plan of

defending himself and intrusted the conduct of his side to Seward. The

case dragged on for years in the New York courts, and, so far as I have

been able to discover, had not been brought to a final trial before the

plaintiff's death.

By the end of 1843, Cooper had pretty well reduced the press to silence,

so far as comments on his character were concerned. It was

insignificance or remoteness alone that protected the libeler. The

leading newspapers of the state, however much they might abuse his

writings, learned to be very cautious of what they said of him

personally. But it was a barren victory he had won. He had lost far more

than he had gained. That such would be the result, he knew, while (p. 198)

he was engaged in the controversy. It affected, at the time, his literary

reputation, and, as a result, the sale of his writings; and since his

death it has been a principal agency in keeping alive a distorted and

fictitious view of his personal character. A common impression came to

be of him something like the description which Greeley's lawyers gave of

the estimation in which he was held in Otsego County, in some legal

papers bearing the date of July, 1845. This was to the effect that he

had acquired and had among his neighbors "the reputation of a proud,

captious, censorious, arbitrary, dogmatical, malicious, illiberal,

revengeful, and litigious man." This one-sided and hostile view of a

strongly-marked character had just enough of truth in it to cause it to

be widely received as an accurate and complete picture. In a similar way

the notion became current that he sought to ape the manners of the

English aristocracy. Whatever Cooper's foibles were, they were none of

them imported. He was too proud in feeling and too self-centred in

opinion ever to think of aping anything or anybody. But on these points

the prejudices and misrepresentations of that day have lasted down to

this.

The account given makes it clear that the occasion of bringing the first

of these libel suits was accidental. But as time went on the prosecution

of them assumed to Cooper the shape of a duty. When once it had taken on

that character, no possible degree of unpopularity or odium could have

prevented him from persisting in his course. He treated with disdain the

common arguments used to persuade him to abandon them. To one of these

he referred directly in a novel published in 1844. He was insisting upon

the superiority of the past to the present, a sentiment which (p. 199)

became a favorite burden of his latter-day utterances. "The public sense

of right," he said, "had not become blunted by familiarity with abuses,

and the miserable and craven apology was never heard for not enforcing

the laws that nobody cared for what the newspapers say." He certainly

had some justification for the hardest things he thought and said of the

press. The newspapers which circulated the false reports about his

father's disposition of the property at Three Mile Point never corrected

them after the precise facts had been published. Many of them continued

to repeat the original statements after they must have known them to be

untrue. Nor did they stop here. As the British press had in his case

done all it could to justify the charge Cooper made against it of

ferocious blackguardism of personal and political foes, so many of the

American editors seemed anxious to realize, so far as it lay in their

power, the picture that had been drawn of them in the character of

Steadfast Dodge. Papers containing offensive paragraphs about Cooper

were carefully sent, not directed to him personally, but to his wife and

daughters. The fear of punishment is the only motive by which those who

commit acts of this kind can possibly be influenced. On the other hand,

it is an idle claim that the character of the press has been elevated by

libel suits that Cooper or any one else has ever brought. Such

prosecutions may be both justifiable and necessary; but the agencies

that form and build up intelligence and taste and high principle are not

of this negative and restraining character.

James Fenimore Cooper American Men of Letters · 第 9 / 12 章