The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-08
ANOTHER NAVAL DISPUTE.
when Fennimore Cooper Tried to Toll
About Perry and Elliott in 1912.
Now Bedford Standard.

AftN a
Maclay has attempted to write the his
tory of the Spanish war a few months after
It's occurrence and has failed TO satisfy
his readers. James Fennimore cooper
the war of 1872 for twenty-five years be-
fore he told its story, and in the telling
that, but simply to state the facts; yet
his very moderateness was as surely oil
to the fire of partisanism as the most Wig
orous taking of sides could have been.
When the battle of Lake Erie had been
fought and won the battle for the credit OF
the victory began TO wage. There was a
not been cordial in his support of Com
modore Perry, but Commodore Perry APP
parently did not sanction this view. for he
praised Elliotts conduct in his official re-
port, and later, at Elliotts request, he
wrote a letter in which he expressed ind1g-
nation at any reports preludicial TO Ell
iott's character and warmly commencing
the conduct of himself, his officers and
crew on the occasion of the battle. When,
however, a few years later a bitter quarrel
sprang up between Perry and Elliott. urged
on apparently by friends jealous for the
standing of their favorite. the situation
changed and at that late date, five years
after the battle had been fought. Commo-
dore Perry preferred charges against FL
lott for his conduct in that affair, claiming
TO have come into possession of fresh facts.
The government took no action in the mat
ter, and in another year Perry died.
Sixteen years later Elliott excited the dis
approval of the Wing press and the old
scandal about his conduct at Lake Erie
was revived. leading to the publication Of
a life of Elliott. inspired by, himself, al
though written by another, which not only
defended his conduct at Lake Erie, but
claimed that the success of the battle was
mainly due to his efforts. This aroused
the ire of Commodore Perry's friends, and
the battle for glory was renewed.
1t was at this time that Cooper's His
tory OF the United States" was brought out.
In his reference to the battle of Lake Erie
he made no attempt to settle the Perry
Elliott controversy. He gave an occount
Of the battle in accordance with what
seemed TO him TO be the facts. He paid
high tribute to Perry's skill and conduct,
but he did not attack Elliott, and this was
an inexcusable omission from the point OF
view of the Perryites. Prejudiced critics
opened fire upon Cooper in newspapers and
magazines. One set of articles, by William
A. Duer. whose nephew had married into
the Perry family. which were published in
the New York Commercial Advertiser. were
so personal In their charges and so Of
libel.
The suit. when II finally came to trial.
thoroughly vindicated Cooper, and. it may
characterized as one OF the most extraor-
binary trials ever recorded in merely lit
erary annals. winning for Cooper as a
lawyer the admiration that had previously
been accorded him as a writer. The case,
at the suggestion of the defendant. was
not taken before an ordinary jury. as IN
volving too great technical detail. but was
heard by three distinguished lawyers, one
chosen by each principal in the suit and
tVNA' ~hANNi "a Tia ldclllH
five days the referees decided that the
plaintiff was entitled to the damages fixed
in the original stipulation 80 the amount
was only $3.50. besides the cost, vindication.
rather than money. being sought: that
Cooper had been faithful TO his obligations
as a historian: that the narrative of the
battle was true In its essential parts and
written in a spirit of impartiality and JUS
tice; that the writer OF the criticism had
not faithfully fulfilled the Office OF a re-
viewer: that the review was not true i'm its
essential facts. nor written I'm a spirit OF
impartiaiity and justice. and the defendant
was ordered 10 have the decision published
at his own expense i'm New York. Wash
ington and Albany newspapers. On five OF
these points the decision was unanimous.
on three others the decision was two in
favor TO one, who agreed generally with
the others as 10 the outward facts. but
refused to ~criticise the motives of the acts
The result of the trial was a great tri-
umph for Cooper. He won respect and
sympathy from an opposing public through
sheer right TO them The controversy over
Perry and Elliott is not settled 10 this dav
and never Will be. and Cooper knew
enough 10 know that he could not settle
II. and so would better leave IL alone. Ed
gar s. Maclay has not the wisdom Of
Cooper. He preferred to take a hand I'm the
matter. and has by his attitude toward this
incident thrown discredit upon his whole
hOOk