rstood, 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
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