ersy about the battle; a controversy never settled, and
probably now not susceptible of settlement, because the President of
the United States, Mr. Monroe, pigeonholed the charges formulated by
Perry against Elliott in 1818. There is thus no American sworn
testimony to facts, searched and sifted by cross-examination; for the
affidavits submitted on the one side and the other were _ex parte_,
while the Court of Inquiry, asked by Elliott in 1815, neglected to
call all accessible witnesses--notably Perry himself. In fact, there
was not before it a single commanding officer of a vessel engaged.
Such a procedure was manifestly inadequate to the requirement of the
Navy Department's letter to the Court, that "a true statement of the
facts in relation to Captain Elliott's conduct be exhibited to the
world." Investigation seems to have been confined to an assertion in a
British periodical, based upon the proceedings of the Court Martial
upon Barclay, to the effect that Elliott's vessel "had not been
engaged, and was making away,"[84] at the time when Perry "was
obliged to leave his ship, which soon after surrendered, and hoist his
flag on board another of his squadron." The American Court examined
two officers of Perry's vessel, and five of Elliott's; no others. To
the direct question, "Did the 'Niagara' at any time during the action
attempt to make off from the British fleet?" all replied, "No." The
Court, therefore, on the testimony before it, decided that the charge
"made in the proceedings[85] of the British Court Martial ... was
malicious, and unfounded in fact;" expressing besides its conviction
"that the attempts to wrest from Captain Elliott the laurels he gained
in that splendid victory ... ought in no wise to lessen him in the
opinion of his fellow citizens as a brave and skilful officer." At the
same time it regretted that "imperious duty compelled it to promulgate
testimony which appears materially to differ in some of its most
important points."

In this state the evidence still remains, owing to the failure of the
President to take action, probably with a benevolent desire to allay
discord, and envelop facts under a kindly "All's well that ends well."
Perry died a year after making his charges, which labored under the
just imputation that he had commended Elliott in his report, and again
immediately afterwards, though in terms that his subordinate thought
failed to do him justice. American naval opinion divided, ap