It is related that, in 1832, while he was at Paris, an article was shown
him in an American newspaper, purporting to be a criticism on one of his
works, but reflecting with much asperity on his personal character. "I
care nothing," he is reported to have said, "for the criticism, but I am
not indifferent to the slander. If these attacks on my character should
be kept up five years after my return to America, I shall resort to the
New York courts for protection." He gave the newspaper press of this
state the full period of forbearance on which he had fixed, but finding
that forbearance seemed to encourage assault, he sought redress in the
courts of law.
When these litigations were first begun, I recollect it seemed to me
that Cooper had taken a step which would give him a great deal of
trouble, and effect but little good. I said to myself--
"Alas! Leviathan is not so tamed!"
As he proceeded, however, I saw that he had understood the matter better
than I. He put a hook into the nose of this huge monster, wallowing in
his inky pool and bespattering the passers-by; he dragged him to the
land and made him tractable. One suit followed another; one editor was
sued, I think half-a-dozen times; some of them found themselves under a
second indictment before the first was tried. In vindicating himself to
his reader, against the charge of publishing one libel, the angry
journalist often floundered into another. The occasions of these
prosecutions seem to have been always carefully considered, for Cooper
was almost uniformly successful in obtaining verdicts. In a letter of
his, written in February, 1843, about five years, I think, from the
commencement of the first prosecutions, he says, "I have beaten every
man I have sued, who has not retracted his libels."
In one of these suits, commenced against the late William L. Stone of
the Commercial Advertiser, and referred to the arbitration of three
distinguished lawyers, he argued himself the question of the
authenticity of his account of the battle of Lake Erie, which was the
matter in dispute. I listened to his opening; it was clear, skilful, and
persuasive, but his closing argument was said to be splendidly eloquent.
"I have heard nothing like it," said a barrister to me, "since the days
of Emmet."
Public-domain text, read in full here on John Shaqi.
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