CHAPTER X. (p. 200)

1839-1843.

On the 10th of May, 1839, appeared Cooper's "History of the United

States Navy." The work was one which he had long contemplated writing.

As far back as 1825 there were newspaper reports that he had the

undertaking in mind. He himself, in his parting speech at the dinner

given him in May, 1826, just before his departure for Europe, had

publicly announced his determination of devoting himself to this subject

during his absence abroad. "Encouraged by your kindness," he said, "I

will take this opportunity of recording the deeds and sufferings of a

class of men to which this nation owes a debt of lasting gratitude--a

class of men among whom, I am always ready to declare, not only the

earliest, but many of the happiest days of my youth have been passed."

The necessity of providing for his family and of paying off debts

incurred by others, but for which he was responsible, had prevented the

immediate carrying out of this resolution. But it had always been in his

thoughts. The delay in the preparation probably added to the value of

the history; but its reception would unquestionably have been far

different had it been brought out in the height of his popularity.

It was a work which for many reasons it was a hard task to make

accurate, and a still harder one to make interesting. With slight

exceptions the history could be little more than a record of (p. 201)

detached combats; and a string of episodes, no matter how brilliant, can

never have the attraction which belongs to unity and grandeur of

movement. These last can alone characterize the operations of great

fleets.

Still, for the writing of this history Cooper was peculiarly fitted. He

had belonged to the navy in his early life. He had never ceased to feel

the deepest interest in its reputation and prosperity. He had

contributed to the "Naval Magazine," a periodical published during 1836

and 1837, a series of papers connected with the improvement of its

condition. He was, moreover, on terms of intimacy with many of the

officers who had won for it distinction; and through them he had access

to sources of information that could not be gained from written

authorities. He had, besides, the characteristic of loving truth for its

own sake, and the disposition to endure any amount of drudgery and

encounter any sort of toil in order to secure it. To this were added the

special qualifications of the historical eye, which enabled him to seize

the important facts in an infinite mass of detail, and the power of

describing vividly what he saw clearly. Under such circumstances it was

reasonable to expect that his work would satisfy all fair-thinking men.

It is, perhaps, correct to say that it did so. But it also gave rise to

a controversy which stretched over a longer period and surpassed, in the

bitter feelings it aroused, any of the wars in which the navy itself had

ever been engaged.

There were special difficulties to be encountered with readers on both

sides of the ocean. On the one hand, Englishmen had usually forgotten to

remember that during the war of 1812 there was any naval combat of

importance fought except between the Shannon and the Chesapeake; (p. 202)

and even at this day it would be difficult to find in an English writer

any account of the naval operations of that war in which that particular

engagement does not play the principal part. If any other was forced

upon their attention it had become an article of their creed that an

American frigate was little else than a line-of-battle ship disguised.

Moreover, the effective force of the American vessel was, according to

their theory, made up of deserters from the British service. These two

explanations of any failure were often combined. It is in this way

Captain Brenton, one of their naval historians, calmly shows how it was

that the Constitution happened to capture the Guerrière. "We may justly

say," he concludes his account, "it was a large British frigate taking a

small one." On her part America was not to be outdone in her estimate of

national prowess. It had become matter of firm faith with the

inhabitants of the United States that their side had suffered no losses

worth mentioning during the war of 1812; that the American vessel had

been invariably successful, whenever there was any approach to equality

of force; and that in every case it was the superior seamanship,

courage, and skill of their officers and men that had decided the result

in their favor, and not superiority in weight of metal.

Neither of these beliefs was of a kind likely to influence Cooper. He

had got to that point of feeling in which he looked upon the public

opinion of both England and America with a good deal of contempt. It was

not to pamper the vanity or flatter the prejudices of either that he

wrote, but to state the truth. For this he neglected nothing that lay in

his power. He studied public documents of every kind, official (p. 203)

reports, all the printed and manuscript material to which he could get

access. From officers of the navy who had shared in the actions

described he gathered much information which they alone were able to

communicate. In one sense he was fully satisfied with what he had done.

He did not pretend that in a work which involved the examination and

sifting of an almost infinite number of details he had not made some

errors. It was only that he had made none intentionally, and that he had

put forth his most strenuous exertions to have what he wrote entirely

free from mistake. Nor is it possible for any unprejudiced mind to read

the history now and not feel the truth of the assertion. Its accuracy

and honesty have sometimes been flippantly questioned, but usually by

men who have not spent as many days in the study of the subject as

Cooper did months. During his lifetime imputations were made in a few

cases upon the correctness of his statements. They met then, however, so

speedy and effectual a refutation that it was not thought worth while to

repeat the criticisms until he was in his grave. Cooper might be wrong

in his conclusions; but it was rarely safe to quarrel with his facts.

There is more, however, in this history than freedom from intentional

perversion of the truth. There are throughout the whole of it the

calmness, the judicial spirit, the absence of partisanship which may not

of themselves add anything to the interest of the narrative, but are

worth everything for the impression of truthfulness it makes.

Impartiality is a quality, however, little apt to be commended where our

own feelings and interests are concerned. Still, the general fairness of

the work was admitted in England, with the qualification, of (p. 204)

course that a perfectly trustworthy history could not come from this

side of the water. A few malignant attacks were made upon it. One of

these, which appeared in the "United Service Journal" for November and

December, 1839, is of the nature of a prolonged roar rather than a

criticism; but it is worth noticing for the incidental evidence it

furnishes of the intense rancor felt towards Cooper by many in England

on account of his strictures upon that country in the two volumes

devoted to it in his "Gleanings in Europe." The writer made the then

usual profession of faith, that the work referred to had been completely

crushed by the "Quarterly;" moreover, that the novelist had been

convicted by it of the blackest ingratitude for traducing the nation

which, we learn from this notice, had fostered his talents for romance.

No critic of Cooper, either in Europe or in this country, it is to be

remarked here, ever seemed willing to concede that the author had any

hand in gaining his own reputation. In America the newspapers constantly

assured him that it was due entirely to them. Great Britain assumed that

it was to her generous appreciation alone that he was known in either

hemisphere. The European main-land was not behind the island in this

feeling. "Undoubtedly," wrote Balzac, "Cooper's renown is not due to his

countrymen nor to the English: he owes it mainly to the ardent

appreciation of France." This sentiment of the novelist's obligation to

Great Britain was uppermost in the heart of the reviewer in the "United

Service Journal." An uneasy impression, however, weighed upon his mind

lest Cooper, who had now suffered annihilation several times without

injury, might have survived the particular one inflicted by the (p. 205)

"Quarterly." He honestly confessed, therefore, that he had waited

some months before criticising the "Naval History," so that he might not

look at it with a jaundiced or malignant eye in consequence of his

recollections of the previous work on England.

It is not worth while to take any further notice of this article, in

which wretched criticism was put into still poorer English. But there

was one of these reviews to which Cooper felt it incumbent on him to

reply. This appeared in the "Edinburgh" for April, 1840. It was

studiously fair in tone. It commended the American author's work in many

respects. While doing so, however, it attacked him for having made no

use of the "Naval History of Great Britain" by William James, a history

which it spoke of in a gushing way as approaching "as nearly to

perfection in its own line as any historical work perhaps ever did." It

also labored heavily to break the force of some of Cooper's statements

by charging him with making assertions without evidence or against

evidence. James was a veterinary surgeon who had come to this country

before the war of 1812 to practice his profession. After the breaking

out of hostilities he left it, or rather, as he says, "escaped from it,

before being taken prisoner into the interior"--whatever that may mean.

In the early part of "the steelyard and arithmetical war," as Cooper

phrased it, which has raged with extreme violence ever since the peace

of Ghent, James bore a gallant and conspicuous part. He published a

pamphlet on the subject, which, in 1817, came out expanded into a

volume. In it he showed conclusively that his countrymen had been

utterly wrong in supposing that they had met with any naval reverses

during the war of 1812. The falsity of this assumption he (p. 206)

satisfactorily established by explaining that the Americans were the

most inveterate liars upon the face of the earth. By their deceptive and

fraudulent accounts they had beguiled the English, a self-distrustful

and self-depreciating people, into believing that they had been

defeated, where they had really been victorious. Heroes, indeed, can be

overcome by sufficient odds; and James was always prepared with ample

explanations to account for failure in special cases. He also convicted

the officers of the American navy not merely of lying in their official

reports--which was a duty expected of them both by government and

people--but of cowardice in action, of misconduct in their operations,

and of brutality toward enemies whom the chance of war threw into their

power. A work like this not merely filled a gap in historical

literature, it supplied a national want. It was accordingly received

with such favor that its author went on to produce a history of the

British navy from 1793 to the accession of George IV. In this he

embodied his previous narrative; and a grateful people has never ceased

to cherish a work which showed it that it had succeeded where previously

it had been laboring under the impression that it had failed.

For James and his history Cooper had unbounded contempt. This

horse-doctor, as he termed him, he looked upon as being as well fitted

to describe a naval engagement as the proverbial horse-marine would be

to take part in one. Besides being incapable, he regarded him as

eminently dishonest; as vaunting impartiality while elevating

discreditable and improbable hearsay into positive assertion, and

fortifying his falsehoods by a pretentious parade of figures and

official documents. It is hardly going too far to say that, in (p. 207)

Cooper's opinion, the remarks of James on American affairs combined all

possible forms of misstatement from undesigned misrepresentation to

deliberate falsehood. There may be difference of opinion on this point;

on another there can be none. The period covered by the British writer

is on the whole the most glorious in the long and brilliant naval

history of the greatest maritime power the world has ever known. Never

was there a greater contrast between the spirit with which things were

done and the spirit with which they were told. In no other history known

to man does tediousness assume proportions more appalling, do figures

seem more juiceless, do the stories of heroic achievement furnish less

inspiration than in this of James. If it be true, as some modern writers

say, that history to be of value must be void of interest, it may be

conceded that this particular work is entitled to that praise of

perfection accorded it by the Edinburgh Reviewer.

The judgment that held up such a history as a model was not likely to

impress a man, who was still under the sway of the old-fashioned notion,

that there was no absolutely necessary connection between dullness and

accuracy. To this particular criticism Cooper replied in the "Democratic

Review" for May and June, 1842. In the first article he exposed the

ignorance and dishonesty of James. In the second he devoted himself to

the assertions of the "Edinburgh." The game was hardly worth the candle.

His arguments could not reach the men who alone needed to know them. In

international quarrels of any kind there are few who read both sides.

The feeling exists that it is not safe to contaminate the purity of

one's faith in his country by the doubts that might arise from (p. 208)

merely fancying that an opponent has reasons for his course worth

considering. So it was in this case. Few people in the United States saw

the "Edinburgh Review," none believed what it said. In England fewer

knew even of the existence of the "Democratic Review."

The controversy that arose in this country was on an entirely different

ground. It was one that could hardly have been foreseen. The personal

hostility which Cooper had succeeded in drawing upon himself was never

so conspicuously shown as in the treatment which his "Naval History"

underwent. At first, indeed, it was received with general favor, though

by many it was thought to give too much credit to the English. In a

short time, however, attacks were made upon it so virulent, so

causeless, and withal so simultaneous, that the mere fact would of

itself afford reason for the suspicion that they were concerted. This

was practically the case. A certain amount of preliminary detail will

make the circumstances clear. The controversy was entirely about the

account of a particular action in the war of 1812, and a work containing

over fifty chapters was absolutely condemned as partisan and worthless

for what was found on a few pages of one chapter.

The battle of Lake Erie was fought and won by Commodore Perry on the

10th of September, 1813. It presented the peculiarity that the Lawrence,

the flagship of the victorious squadron, had struck to the enemy in the

course of the engagement. There was a feeling prevalent among many at

the time that Elliott, the second in rank, had not been cordial in his

support of his commander, and had left him to bear for a long while the

brunt of the fight without hastening in his vessel, the Niagara, (p. 209)

to his help. This was, in particular, the general belief among those on

board the Lawrence. Perry did not sanction this view at first. Urged by

good-nature, according to the theory of his friends, he praised

Elliott's conduct in his official report. He went even farther in a

letter of the 19th of September. This was in reply to a note from

Elliott stating that rumors were current that the Lawrence had been

sacrificed because of the lack of proper exertion on the part of the

second in command. "I am indignant," wrote Perry, "that any report

should be in circulation prejudicial to your character as respects the

action of the 10th instant. It affords me pleasure that I have it in my

power to assure you that the conduct of yourself, officers, and crew was

such as to merit my warmest approbation. And I consider the circumstance

of your volunteering and bringing the smaller vessels up to close action

as contributing largely to our victory." Such was the situation at the

time. A few years later, however, a bitter quarrel sprang up between

Perry and Elliott, which apparently owed a good deal of its rancor to

the exertions of good-natured friends of both in communicating to each

remarks made, or supposed to be made, by the other. An envenomed

correspondence took place in 1818. It led to Elliott's challenging

Perry, and Perry preferring charges against Elliott for his conduct at

the battle of Lake Erie. In the letter accompanying the charges he gave

as his reason for changing his opinion as to the behavior of his second

in command, that he had been put into possession of fresh facts. The

government took no action in the matter, and in the following year Perry

died. In 1834 Elliott became the mark of hostility of the Whig press on

account of his putting the figure of Andrew Jackson at the (p. 210)

figure-head of the Constitution, the war-ship of which he was in

command. The old scandal about his conduct at Erie was revived. Elliott

did more than defend himself. A life of him was published in 1835,

written by another, but from materials evidently that he himself had

furnished. It claimed that the success of the battle of Lake Erie was

mainly due to his efforts. It naturally produced a feeling of intense

bitterness among Perry's friends and relatives. This was the way matters

stood at the time that the "Naval History" was brought out.

Cooper entered upon the account of the battle of Lake Erie with the

common prejudice against Elliott. Nor were efforts lacking to keep it

alive and strengthen it, when it was reported in naval circles that he

had begun to be uncertain about the justice of his original impressions.

Captain Matthew Perry, the brother of the Commodore, forwarded him all

the sworn documentary evidence that made against Elliott. He neglected

to send any that was given in his favor. Cooper was not the man to be

satisfied with this way of writing history. As he examined the subject

more and more, he was struck by the conflicting character of the

testimony, and the doubt that overhung the whole question. He came

finally to the conclusion that it was not a matter he could settle, or,

perhaps, any one. He accordingly contented himself with giving as

accurate an account of the battle of Lake Erie as he could without

entering at all into the details of the controversy. He made not the

slightest effort to detract from the praise due to Perry, and, indeed,

paid the highest tribute to his skill and conduct. Nor did he give to

Elliott any prominence whatever.

He had committed, however, the unpardonable sin. He had refused (p. 211)

to attack Elliott. He had preferred to accept Perry's original account

of the battle, written within five days after it had taken place, to the

view he took of it not only five years later, but also after a bitter

personal quarrel had sprung up between him and his former second in

command. While Cooper had made no special mention of the latter, he had

spoken of him respectfully. There was a general feeling that Elliott

ought to have been attacked. He was a very unpopular man, and, perhaps,

deservedly so; while Perry was both a popular favorite and a popular

hero. The refusal of Cooper to join in the general denunciation brought

down upon him, not only those who honestly believed him in the wrong,

but the whole horde of his own personal enemies who knew little and

cared less about this particular subject. In the long list of

controversies which the student of literature is under the necessity of

examining, none seems so uncalled for and so discreditable to the

assailants as this. For it is to be borne in mind that the historian had

not made the slightest attempt to injure Perry in the popular

estimation, or to elevate the subordinate at the expense of the

commander. Yet assertions of this kind were constantly bandied about,

though it would not have taken five minutes reading of the work to have

shown their falsity. Cooper was frequently spoken of by the press as the

detractor of American fame and the slanderer of American character,

because he refused to say, on one-sided evidence, that an officer of the

United States navy had been willing to sacrifice his superior in a hotly

contested battle and imperil the result for the sake of ministering to

his own personal ambition, or of gratifying a feeling of personal (p. 212)

dislike and envy, of the existence of which at the time there was no proof.

Space here exists to notice only the elaborate attacks to which Cooper

himself felt constrained to reply. The first of these appeared in four

numbers of the "New York Commercial Advertiser" during June, 1839. The

articles were written by William A. Duer, who had lately been president

of Columbia College. They purported to be a review of the "Naval

History," but nothing whatever was said about that work beyond the few

pages in which the battle of Lake Erie is described. They were,

moreover, so personal in their nature and contained imputations so gross

on his character, that Cooper began a libel suit against the journal in

which they were published. This finally resulted in one of the most

extraordinary trials that has ever been recorded in merely literary

annals. The attack in the "Commercial Advertiser" was followed by a

similar one in the "North American Review." This was written, however,

with more decency, though it again devoted itself mainly to the battle

of Lake Erie. It was the work of Alexander Slidell Mackenzie, a naval

author, who by three books of travel had gained at the time some

literary notoriety. But the notoriety never rose to reputation; and the

history which preserves his name at all, preserves it in connection with

an event it were well for his memory to have eternally forgotten. It is

to be added that he was the brother-in-law of Captain Matthew Perry, and

that Duer was his uncle. Hardly had his broadside been delivered, when

another attack appeared. The victor of Lake Erie had come from Rhode

Island, and Rhode Island rushed to the fray, not to defend her son--for

he had not been attacked--but to build up his reputation by (p. 213)

ruining that of his enemy. Tristam Burges, when the biography of

Elliott, already referred to, had appeared, had delivered a lecture on

the battle of Lake Erie before the Rhode Island Historical Society. It

was not printed at the time; but no sooner was Cooper's work published

than, at the request of Perry's friends and relatives, it was brought

out with documents appended. The lecture reads very much like a stump

speech of the extreme florid type. It is needless to say that in it

Elliott got his full deserts for betraying his commander. It made no

direct reference to Cooper, but the whole object was to discredit the

account of the battle which he had given.

Even this was not all. Mackenzie prepared a life of Perry, which was

published early in 1841. In it he attacked Elliott with great

bitterness, and was careful to give in an appendix all the sworn

testimony on one side, and leave out all the sworn testimony on the

other. The biography met with general favor. It was styled a noble work,

and the courage manifested by the author in assailing an unpopular man

and celebrating a popular hero was, for some reason hard now to be

understood, highly commended on all sides. The intense partisanship of

the biography can be read on almost every page. But it was warmly

welcomed everywhere, for Elliott had few friends even in his own

profession. The "North American Review" for July, 1841, in an article

written by the late Admiral Charles H. Davis, congratulated the navy on

now having a work which gave a true and faithful report of the battle of

Lake Erie, and stigmatized Cooper's account as false in spirit,

statement, and comment.

This was, indeed, the general charge. For a while Cooper was (p. 214)

under as heavy a bombardment as Perry himself had been in his flagship.

That his feelings were outraged by the injustice of it there can be no

question, but it never daunted his spirit. Yet he took not the slightest

step without being sure of his ground. He went over the evidence again

and again. He talked with officers of the navy who held views opposed to

his own; though he said afterward he rarely found that they knew

anything about the matter beyond common report. With the exception of a

few newspaper articles, however, he published nothing directly in reply

until four years after his history was published. In the mean while he

pressed the suit against William L. Stone, the editor of the "Commercial

Advertiser." That paper at first took the prosecution in the jocular and

insolent way then common with the press. Under an announcement of "Stand

Clear," it informed its readers early in August, 1839, that "the

interesting Mr. J. Effingham Fenimore Cooper is to bring a libel suit

against us. None will approach it in interest, importance, or

amusement." The editor was telling more truth than he thought. No

action, however, was taken by Cooper for nearly a year to carry out his

expressed intention. But he could always be depended upon. His suits,

though sometimes long in coming, were sure to come at last. Great was

the surprise of the editor when, in May, 1840, a process was served upon

him for a libel printed eleven months before. He was indignant that the

prosecutor had waited so long. A demurrer was filed and argued in July,

1840, at the Utica term of the Supreme Court. The decision was against

the defendant. Things now began to look more serious; for while the

importance of the suit was increasing, its amusement was diminishing.

It, however, hung on in the courts for a year and a half longer. (p. 215)

The defendant was naturally unwilling to hasten a trial which was almost

certain to end in an adverse verdict. Negotiations between the parties

in the autumn of 1841 resulted in a novel agreement. Cooper did not care

for damages. It was not money he sought; it was to vindicate the truth

of his history and his character as an historian. When, therefore, his

adversary suggested that an ordinary jury of twelve men could not well

pass upon a question involving the value of conflicting evidence, and

minute technical detail, he seized upon the occasion to arrange that it

should be tried before a body of referees, consisting of three

distinguished lawyers. The proposal was accepted. Never was the eternal

question between author and reviewer settled in a more singular and a

more thorough way. For the referees were to decide, not merely upon

legal points, but upon moral ones. They were to decide whether the

author had written a truthful account of the battle of Lake Erie, and

whether he had written it in a spirit of truth. On the other hand, they

were to decide whether the reviewer had written matter libelous enough

to justify a verdict from a jury, and whether in the treatment of the

subject for which he criticised the history he had been just and

impartial. If the decision were in favor of the author the defendant was

not to pay more than two hundred and fifty dollars besides the costs. In

any case the beaten party was to publish the full text of the decision,

at his own expense, in the cities of New York, Albany, and Washington.

The referees agreed upon were Samuel Steevens, named by Cooper; Daniel

Lord, Jr., named by Stone; and Samuel A. Foot, chosen by mutual consent.

The attendance of many witnesses was rendered unnecessary by the (p. 216)

stipulation that a vast mass of documentary testimony in possession

of Cooper should be taken in evidence.

The referees met in the United States court room in New York city, on

the afternoon of Monday, May 16, 1842. A large crowd was in attendance.

Public interest had been aroused, not only by the question involved and

the novel character of the suit, but by the fact that the historian was

to assume the principal conduct of his own side. The trial lasted for

five days. After the opening speeches had been made, the taking of oral

testimony began. Among the witnesses for the defense were Sands,

Mackenzie, and Paulding, all officers of the navy. They were examined in

reference to Cooper's account of the battle of Lake Erie and the

diagrams by which he represented the positions of the vessels during the

engagement. Their views were in all respects opposed to the theory of

operations which he had assumed. After the taking of the oral testimony

was ended and certain legal questions had been argued, the summing up

was begun by William W. Campbell of Otsego, the leading lawyer for the

defense. His speech was exceedingly able and effective. Men who were

present at the proceedings asserted, when it was finished, that there

was no possible way in which its reasoning could be shaken, still less

overthrown. At eight o'clock on Thursday evening Cooper began summing up

for the prosecution, and continued until ten. On Friday he resumed his

argument at four in the afternoon, and six hours had passed before he

concluded. His conduct of the case from the beginning had excited

surprise and admiration. Friends and foes alike bore witness to the

signal ability he had displayed throughout; but his closing speech (p. 217)

made an especially profound impression. Its interest, its ingenuity, and

its effectiveness were conceded by the defendant himself. It was for a

long time after spoken of as one of the finest forensic displays that

had ever been witnessed at the New York bar. Among those present at the

trial was Henry T. Tuckerman, who has left us an account of the

circumstances and of the bearing of the man. "A more unpopular cause,"

he wrote, "never fell to the lot of a practiced advocate; for the hero

of Lake Erie was and had long been one of the most cherished of American

victors. We could not but admire the self-possession, coolness, and

vigor with which the author, on this occasion, played the lawyer. Almost

alone in his opinion,--the tide of public sentiment against his theory

of the battle, and the popular sympathy wholly with the received

traditions of that memorable day,--he stood collected, dignified,

uncompromising; examined witnesses, quoted authorities, argued nautical

and naval precedents with a force and a facility which would have done

credit to an experienced barrister. On the one hand, his speech was a

remarkable exhibition of self-esteem, and on the other, a most

interesting professional argument; for when he described the battle, and

illustrated his views by diagrams, it was like a chapter in one of his

own sea-stories, so minute, graphic, and spirited was the picture he

drew. The dogmatism was more than compensated for by the picturesqueness

of the scene; his self-complacency was exceeded by his wonderful

ability. He quoted Cooper's 'Naval History' as if it were 'Blackstone;'

he indulged in reminiscences; he made digressions and told anecdotes; he

spoke of the manoeuvres of the vessels, of the shifting of the wind, of

the course of the fight, like one whose life had been passed on (p. 218)

the quarter-deck. No greater evidence of self-reliance, of indifference

to the opinion of the world, and to that of his countrymen in

particular, of the rarest descriptive talent, of pertinacity, loyalty to

personal conviction, and a manly, firm, yet not unkindly spirit, could

be imagined than the position thus assumed, and the manner in which he

met the exigency. As we gazed and listened, we understood clearly why,

as a man, Cooper had been viewed from such extremes of prejudice and

partiality; we recognized at once the generosity and courage, and the

willfulness and pride of his character: but the effect was to inspire a

respect for the man, such as authors whose errors are moral weaknesses

never excite."

On the 16th of June the referees rendered their decision on the eight

points submitted to them for adjudication. In regard to five of these

they were all in full agreement; but in three instances one of the

referees dissented from certain portions of the report made by the other

two.

The first point was whether, according to the evidence and the rules of

the law the plaintiff would be entitled to the verdict of a jury in an

ordinary suit for libel. They agreed that he would, and accordingly

awarded the damages that had been fixed by the original stipulation.

The second point was whether in writing his account of the battle of

Lake Erie, Cooper had faithfully fulfilled his obligations as an

historian. The majority of the referees decided that he had so done. Mr.

Foot dissented to this extent, that Cooper had intended to do so, but

that from error of judgment or from some cause not impugning the (p. 219)

purity of his motives, he had failed in one specified point. This was

that the narrative gave the impression that Elliott's conduct in the

battle had met with universal approbation, which it had not. The

arbitrator added, however, that this was the only particular in which it

appeared to him that the historian had failed in fulfilling the high

trust he had taken upon himself.

The third point was whether the narrative of the battle of Lake Erie was

true or not in its essential facts, and if untrue, in what particulars.

The majority decided that it was true. Mr. Foot dissented on the same

point, to the same extent, and for the same reason, for which he had

dissented from the second.

The fourth point was whether the account of the battle was written in a

spirit of impartiality and justice. They all agreed that it was so

written.

The fifth point was whether the writer of the criticism, upon which the

suit was founded, had faithfully fulfilled the office of a reviewer. If

not they were to give the facts upon which their conclusion was based.

They unanimously agreed that the writer had not faithfully discharged

his obligations as a reviewer; that he had indulged in personal

imputations; that he was guilty of misquotations which materially

changed the meaning; that his statements were incorrect in several

particulars; and that his charge that Cooper had given to Elliott equal

credit with Perry in the conduct of the battle was untrue. This last

assertion, they add, was made after a careful examination by them of the

history itself.

The sixth point was whether the review was true or not in its essential

facts; and if untrue, in what particulars. They all agreed that (p. 220)

it was untrue, and gave the particulars.

The seventh point was whether the review was written in a spirit of

impartiality and justice. The majority decided that it was not so

written. Here again Mr. Foot made a partial dissent. He considered the

review to have been written under the influence of a wakeful

sensibility, inconsiderately and unnecessarily aroused in defense of the

reputation of a beloved and deceased friend.

The eighth point was to settle which of the two parties should be

required to publish the full text of the decision at his own expense in

newspapers published in New York, Washington, and Albany. The referees

agreed that this was to be done by the defendant.

Thus ended this suit. For Cooper the result was a great personal

triumph. He had had to contend with the prejudices of a nation. For

months and years he had been persistently assailed with all the weapons

that unscrupulous partisanship or unreasoning family affection could

wield. He had been compelled to identify his own cause with that of a

man who, in addition to unpopularity with members of his own profession,

had drawn upon himself the hostility of a political party. He had been

under the necessity of controverting, in some particulars, a generally

accepted belief. Against him had been arrayed two of the ablest lawyers

of the bar. Naval officers of reputation had on the witness stand

criticised his theory of the battle and contradicted his statements. He

had been assisted in the conduct of the case by his nephew; but outside

of this he had received help from no one. Sympathy with him, there was

little; desire for his success, there was less; and the referees (p. 221)

could hardly fail to feel to some extent the influence that pervaded

the whole country. In the face of all these odds he had fought the

battle and won it. He had wrung respect and admiration from a hostile

public sentiment which he had openly and contemptuously defied. Upon the

essential matters in dispute the verdict of three men, of highest rank

in their profession and skilled in the weighing of conflicting evidence,

had been entirely in his favor.

Cooper followed up his victory by a pamphlet which appeared in August,

1843, entitled, "The Battle of Lake Erie: or, Answers to Messrs. Burges,

Duer, and Mackenzie." In this he went fully over the ground. No reply

was made to it; there was in fact none to be made. The popular tradition

could best be maintained by silence. Silence at any rate during his

lifetime was preserved, and silence in cases where it would have been

creditable to have said something. It certainly affords justification

additional to that already given, for the contemptuous opinion expressed

by Cooper of the American press, that the newspapers which had been

loudest in the denunciation of his history, never so much as alluded to

the result of the trial brought to test authoritatively the fairness and

impartiality of the narrative for which he had been condemned.

After reading patiently all that has been written on both sides of this

question, it seems to me that not only was the verdict of the

arbitrators a just one, but that Cooper was right in the view he took.

Still, where evidence is conflicting there is ample room for difference

of opinion; and in regard to the conduct of Elliott at Lake Erie the

evidence is diametrically opposed. The only secure method, therefore, of

obtaining and maintaining a comfortable bigotry of belief on the (p. 222)

subject is to read carefully the testimony on one side and to despise

the other so thoroughly as to refrain from even looking at it. This was

then and has since been the course followed by the thick and thin

partisans of Perry. But whether the conclusion be right or not at which

Cooper arrived, there was never the slightest justification for the

gross abuse to which he was subjected. He had everything to gain by

falling in with the popular tradition and attacking Elliott. Nothing but

lofty integrity and love of truth could have made him take the course he

did. If a mistake at all, it was a mistake of judgment. But the charges

brought against him were based in most instances upon deliberate

misrepresentation of what he had said. This was especially true of the

criticisms of Duer and Mackenzie. The perversion of meaning of one of

his foot-notes is a striking instance of the unscrupulous nature of

these attacks. In this Cooper had spoken of the vulgar opinion which

celebrated as an act of special gallantry Perry's passing in an open

boat from one ship to another as being the very least of his merits;

that the same thing was done in the same engagement by others, including

Elliott; that there was personal risk everywhere; and that Perry's real

merit was his indomitable resolution not to be conquered, and the manner

in which he sought new modes of victory when old ones failed. If this be

depreciatory, it is depreciatory to say that greater honor is due to him

who manifests the skill and fertility of resource of a commander than to

him who exhibits the mere valor of a soldier. But in Duer's review of

the "Naval History," and Mackenzie's "Life of Perry," the purport of the

note was entirely changed. The concluding portion was dishonestly (p. 223)

omitted, and a paragraph that gave to the victor of Lake Erie credit for

generalship rather than soldiership was converted into an assertion that

the risk he had run was of slight consequence.

This controversy brought in its train another libel suit. To the editor

of the "Commercial Advertiser" the result had caused deep mortification.

The reviewer also was naturally dissatisfied with a decision which left

upon him the stigma of a libeler. He offered, if the case could be

brought before a common jury for another trial, to pay double the amount

of damages awarded, provided the result was against him. With such an

arrangement Mr. Stone declined to have anything to do. He had had, he

said, annoyance enough already with the suit. But he was tempted in a

moment of vexation to indulge in remarks which implied that Cooper was

in a hurry to get the sum awarded, with the object of putting it into

Wall Street "for shaving purposes." The insinuation was uncalled for and

unjustifiable; and as the editor subsequently admitted that it was only

made in jest, it may be imputed to his credit that he had the grace to

be ashamed of it. A libel suit, however, followed. It was at first

decided in Cooper's favor. It was then carried up to the Court of

Errors, and in December, 1845, more than a year after Mr. Stone's death,

that tribunal reversed the decision. The result of the trial was hailed

with the keenest delight by the Whig press of the state. "The Great

Persecutor," as he was sometimes styled, had been finally foiled. "The

rights of the press," said one of the newspapers, "are at last

triumphant over the tyranny of courts and the vile constructions of the

law of libel." The value of the victory, however, was largely lessened

by the little respect in which the Court of Errors was held. This (p. 224)

tribunal, which consisted in the majority of cases of the Chancellor and

of the members of the state Senate, was swept away by the Constitution

of 1846. Its influence had gone long before. Cooper was doubtless giving

expression to the general feeling as well as venting his own indignation

at this particular decision when he spoke of it, as he did a little

later, as a "pitiful imitation of the House of Lords' system," by which

a body of "small lawyers, country doctors, merchants, farmers," with

occasionally a man of ability, were constituted the highest tribunal in

the state.

Two other results followed incidentally this controversy about the

battle of Lake Erie. One had the nature of comedy, the other partook

rather of that of tragedy. Perry, as has been said, was a Rhode

Islander, and many of the men he had with him had come from that state.

Tristam Burges, in his lecture, had, in many instances, allowed his

eloquence to get the better of his sense. In the preface to it, when

published, he abandoned the latter altogether. He twice asserted, and

gave his reasons for it, that "the fleet and battle of Erie" were to be

regarded "as a part of the maritime affairs of Rhode Island."

Apparently, however, the whole state took the same view. There seemed to

be a feeling prevalent in it that its own reputation lay in destroying

the reputation of Perry's second in command. In 1845 Elliott had a medal

struck in honor of Cooper. It bore on one side the head of the author

surrounded by the words, "The Personification of Honor, Truth, and

Justice." At the suggestion of John Quincy Adams copies were sent to the

various historical societies of the country. That statesman himself

undertook their transmission. Accordingly one was forwarded among (p. 225)

the rest to the Rhode Island Society. It reached its destination in

March. It threw that body into a tumult of excitement. The trustees

reflected upon it anxiously. They referred it to a committee. After

prolonged brooding the committee gave birth to a preamble and two

resolutions. These were reported to the Society at the meeting of the

10th of September. In one of the resolutions the letter of Adams was

embodied, and he was thanked for the care and attention he had displayed

in the discharge of the trust committed to him by Commodore Elliott. The

second resolution recited substantially that Cooper had not been

conducting himself properly in the matter, and had published opinions

which the Society could not adopt or sanction. It therefore declined to

accept the medal in his honor, and directed the president to transmit it

to Adams with the request to return it to Commodore Elliott. Vigorous as

this action may now seem, it did not then come up to the level of

offended justice. There was to be no tampering with iniquity, even in

high places. Elliott was not to succeed in his impudent effort to skulk

behind the character of Adams, nor was Adams to escape reproof for the

base uses to which he had allowed himself to be put. A motion was

accordingly made to strike out the resolution conveying to that

statesman the thanks of the Society. It was carried unanimously. The

medal was accordingly returned to him with the request that he send it

to Elliott with an attested copy of the resolution. Adams's conception

of an Historical Society was different from that then entertained in

Rhode Island. He clearly thought it no part of their business to be

officially engaged in upholding the reputation of favorite sons, (p. 226)

or defending the character of heroes. His reply was curt, not to say

tart. "I decline the office," he wrote, "requested of me by the

Historical Society of Rhode Island, and hold the medal and the copy of

the resolution, which they request me to transmit to Commodore Elliott,

to be delivered to any person whom they, or you by their direction, may

authorize to receive them."

Cooper apparently said nothing about this action at the time. He had

before been solemnly warned by the Providence newspapers not to risk a

controversy with Burges, or, as they more graphically expressed it, not

to "get into the talons of the bald-headed eagle of Rhode Island." The

threatened danger, however, had not deterred him from exposing the

absurdities into which even eagles fall when they use their pinions for

writing and not for flying. Not even did he have the fear of the

Historical Society itself before his eyes. In 1850 he took occasion to

pay his respects to that body. He was then bringing out a revised

edition of his novels. In the preface to "The Red Rover," he mentioned

the stone tower at Newport, and referred to the way in which he had been

assailed for his irreverence in calling it a mill. He repeated this

assertion as to its character. He expressed his belief that the building

was more probably built upon arches to defend grain from mice than men

from savages. "We trust," he added, "this denial of the accuracy of what

may be a favorite local theory will not draw upon us any new evidence of

the high displeasure of the Rhode Island Historical Society, an

institution which displayed such a magnanimous sense of the right, so

much impartiality, and so profound an understanding of the laws of

nature and of the facts of the day, on a former occasion when we (p. 227)

incurred its displeasure, that we really dread a second encounter with

its philosophy, its historical knowledge, its wit, and its signal love

of justice. Little institutions, like little men, very naturally have a

desire to get on stilts; a circumstance that may possibly explain the

theory of this extraordinary and very useless fortification. We prefer

the truth and common sense to any other mode of reasoning, not having

the honor to be an Historical Society at all." No reply, at least no

public reply, came from that quarter during his life, to the views he

had expressed. It was only when he was unable to defend himself that he

was again assailed. In February, 1852, an account of the battle of Lake

Erie was delivered before the Rhode Island Historical Society by Usher

Parsons, who had been assistant surgeon on board the Lawrence. His

testimony had been somewhat severely criticised by Cooper. Now that the

latter was in his grave he took occasion to cast imputations upon the

motives of the historian, and asperse the honesty of his statements.

Parsons added nothing new of moment to the discussion, for what he said

was merely a rehash, made in a very bungling way, of the old facts and

assertions. But the spirit in which he wrote and the insinuations in

which he indulged furnish ample justification for the low opinion which

Cooper held of the evidence he had previously given.

With the parting shot in the preface to "The Red Rover," the

controversy, on Cooper's part, concluded. He had, however, been

concerned in another matter, in which the fortunes of his own work and

the fortunes of one of its critics were strangely blended. In 1841 an

abridged edition of his "Naval History" was brought out in one (p. 228)

volume. The publisher was desirous of having it included in the list of

books purchased for the district school libraries of New York. With this

object in view he offered it, without Cooper's knowledge, to the

Secretary of State, John C. Spencer, who was also superintendent of

public instruction. To him was confided, by virtue of his office, the

selection of the works which should constitute these libraries. He

rejected the proposal with uncomplimentary brevity. He would have

nothing to do, he informed the publisher, with so partisan a

performance. Soon after this he emphasized his opinion of its

partisanship by directing the purchase of Mackenzie's "Life of Perry"--a

work which was almost avowedly one-sided. There was a retribution almost

poetical in the tragedy that followed; for the same lack of mental

balance and judgment that had been exhibited in this biography of Perry

was to show itself under circumstances peculiarly harrowing. In October,

1841, Spencer joined the administration of John Tyler as Secretary of

War. In December, 1842, Mackenzie, then in command of the United States

brig Somers, gave a still further proof of his impartiality by hanging

on the high seas Spencer's son, an acting midshipman, for alleged

mutiny. It was done without even going through the formality of a trial.

It was an act of manslaughter, not committed, indeed, from any feeling

of malice, but merely from the same lack of judgment that he had

displayed in the literary controversy in which he had been engaged.

Mackenzie was brought before a naval court-martial, and succeeded with

some difficulty in securing an acquittal. In 1844 the proceedings of the

trial were published, and annexed to them was an elaborate review of the

case by Cooper. It was written in a calm and temperate tone, but (p. 229)

it practically settled the question of the character of the act.

Cooper's interest in the navy led him also to write a series of lives of

officers who had been prominent in its history. The first of these

appeared originally in "Graham's Magazine" for October, 1842, and the

others are scattered through the volumes of that year and the years

succeeding. In 1846 they were published in book form. Among them was a

life of Perry. In this he took occasion to reaffirm what he had

previously said about the battle of Lake Erie. But the injustice which

had been done to him did not lead him to treat with injustice the man

whose life he was writing, though it was impossible for him to say what

would be satisfactory to Perry's partisans without falsifying what he

believed to be the truth.

In spite of the numerous attacks made upon it the "Naval History" was

successful, as success is measured in technical works of this kind. A

second edition, revised and corrected, appeared in April, 1840, and in

1847 a third edition was published. At the time of his death Cooper was

projecting a continuation of it, and had gathered together materials for

that purpose. The original work ended with the close of the last war

with Great Britain. He intended to bring it down to the end of the

Mexican War. This was done by another after his death. In 1853 a new

edition of the "Naval History" appeared with a continuation prepared by

the Reverend Charles W. McHarg. The matter that Cooper had collected

was used, but there was very little in what was added that was of his

own composition. Of the original work, it is safe to say, that for the

period which it covers it is little likely to be superseded as the (p. 230)

standard history of the American navy. Later investigation may show

some of the author's assertions to be erroneous. Some of his conclusions

may turn out as mistaken as have his prophecies about the use of steam

in war vessels. But such defects, assuming that they exist, are more

than counterbalanced by advantages which make it a final authority on

points that can never again be so fully considered. Many sources of

information which were then accessible no longer exist. The men who

shared in the scenes described, and who communicated information

directly to Cooper, have all passed away. These are losses that can

never be replaced, even were it reasonable to expect that the same

practical knowledge, the same judicial spirit, and the same power of

graphic description could be found united again in the same person.

James Fenimore Cooper American Men of Letters · 第 10 / 12 章