Ja?ne$ Feniwore Cooper to, and it was perhaps lucky that the lateness of the hour prevented him. Even the friendly correspondent of the Democratic Albany paper, the Argus, noted that when he was through with his minute exciting account of the battle and proceeded to a discussion of the libel "a feeling of regret could easily be perceived in the countenance of every one, that he should find himself compelled to turn from a subject so interesting to them to one so unattractive if not odious." The arbitrators' a\vard directed Stone to pay Cooper $300 (the sum that had been agreed on in advance if he won) and to publish their decision in New York, Albany, and Wash- ington. They agreed unanimously that the AYjcj/ History was written in a spirit of impartiality and justice and that Duer's review was guilty of personal imputations, misquota- tions, misstatemenss, and untruths. One arbitrator, however, irrationally refused to find the review partial and unjust, because he felt that it had been written in defense of a dead friend. More soundly, he suggested that Cooper's duty as a historian necessitated his taking some notice of the contro- versy over the battle and that it was an error of judgment to write as if Elliott's conduct had been universally approved. He dissented also from the majority finding that Cooper's account of Lake Erie was true in its essential facts. Cooper's triumph on this point is the more remarkable because most later historians disagree with him. Henry Adams, Theodore Roosevelt, Alfred T. Mahan, and George R. Clark are cer- tain that Elliott was at fault in not coming to the aid of Perry. Maclay in his History of the United States ATarv, like Cooper, follows Perry's official report and makes both men heroes. During the years of his litigation the greater part of • 161 *