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RELATION TO THE DIFFERENCES 
 
 
 WHICH SUBSISTED BETWEEN THE 
 
 LATE COMMODORE O. H. PERRY 
 
 CAPTAIN J. D. ELLIOTT. 
 
 WASHINGTON 
 1821. 
 
 BOSTON : 
 1834. 
 
When the late Commodore Perry was about to sail on the 
 cruise which terminated his valuable life, he requested Com 
 modore Decatur to take charge of the following documents to 
 keep Captain Elliott in check during his absence ; and, if any 
 accident happened to him while on his cruise, that they might 
 be published, as the most effectual means which would then be 
 left, of guarding his character against the baseness and false 
 hood of Captain Elliott. 
 
 The original documents of which these are copies, had all 
 been transmitted to the Navy Department by Commodore Perry, 
 some time before ; but, in consequence of a great proportion 
 of the necessary witnesses being on the Mediterranean station, 
 a court-martial could not be convened prior to his sailing. 
 
 M139016 
 
The Hon. BENJAMIN W. CROWNINSHIELD, 
 
 Secretary of the Navy Department. 
 
 SIR : I have the honor to lay before you copies of a letter 
 lately received by me from Captain Jesse D. Elliott of the 
 Navy, and of certain certificates enclosed therein, with copies 
 also of my letter in reply, and of the affidavits of Lieutenants 
 Turner, Stevens, and Champlin, and Dr. Parsons. 
 
 The conduct of Captain Elliott, partially presented to view in 
 these papers, and still more clearly marked by other acts of 
 that officer within my knowledge, and fully susceptible of proof, 
 imposes on me the duty of preferring against him the charges 
 which accompany this letter ; and I now accordingly do prefer 
 said charges against Captain Elliott, and request that a court- 
 martial may be ordered for his trial thereupon. 
 
 The facts upon which some of these charges are founded 
 (particularly those relating to the behaviour of that officer dur 
 ing the engagement on Lake Erie,) having been long in my 
 possession, you will expect me to account for my not having 
 sooner made them known to the government, and for having 
 mentioned favorably, in my official report of that action, an 
 officer whose conduct had been so reprehensible. 
 
 At the moment of writing that report, I did in my own mind 
 avoid coming to any conclusion to what cause the conduct of 
 Captain Elliott was to be imputed ; nor was I then fully ac 
 quainted with all the circumstances relating to it. Having pre 
 viously to the engagement given all the orders which I thought 
 necessary to enable every officer to do his duty, and feeling 
 confidence in them all, I was, after it commenced, necessarily 
 too much engaged in the actual scene before me to reflect de 
 liberately upon the cause which could induce Captain Elliott to 
 keep his vessel so distant both from me and the enemy. And 
 after the battle was won, I felt no disposition rigidly to ex 
 amine into the conduct of any of the officers of the fleet ; and, 
 strange as the behaviour of Captain Elliott had been, yet I 
 would not allow myself to come to a decided opinion, that an 
 officer who had so handsomely conducted himself on a former 
 occasion, (as I then in common with the public had been led to 
 suppose Captain Elliott had) could possibly be guilty of cowar 
 dice or treachery. The subsequent conduct also of Captain Ell 
 iott ; the readiness with which he undertook the most minute 
 services ; the unfortunate situation in which he now stood, which 
 he lamented to me, and his marked endeavors to conciliate 
 protection were all well calculated to have their effect. But 
 still more than all, I was actuated by a strong desire that in the 
 
fleet I then had the honor to command, there should be no 
 thing but harmony after the victory they had gained, and that 
 nothing should transpire which would bring reproach upon any 
 part of it, or convert into crimination the praises to which they 
 were entitled, and which I wished them all to share and enjoy. 
 The difficulties produced in my mind by these considerations, 
 were, at the time, fully expressed to an officer of the fleet in 
 whom I had great confidence. If I omitted to name Captain 
 Elliott, or named him without credit, I might not only ruin that 
 officer, but, at the same time, give occasion to animadversions 
 which, at that period, I thought would be little to the honor 
 or advantage of the service. If my official report of that trans 
 action is reverted to, these embarrassments with respect to 
 Captain Elliott, under which I labored in drawing it, will, I 
 believe, be apparent. That report was very different from 
 what had been expected by the officers of the fleet ; but, having 
 adopted the course which I thought most prudent to pursue 
 with regard to Captain Elliott, I entreated them to acquiesce 
 in it, and made every exertion in my power to prevent any fur 
 ther remarks on his conduct and even furnished him with a 
 favorable letter or certificate for the same purpose, of which 
 he has since made a very unjustifiable use. 
 
 These, sir, are the reasons which induced me at the time 
 not to bring on an inquiry into his conduct. The cause and 
 propriety of my now doing so will, I trust, require but few ex 
 planations. 1 would willingly, for my own sake as well as his, 
 (after the course I had pursued for the purpose of shielding 
 him,) have still remained silent; but this, Captain Elliott will 
 not allow me to do. He has acted upon the idea, that by as 
 sailing my character he shall repair his own. 
 
 After he was left in the command on Lake Erie, I was soon 
 informed of the intrigues he was there practising, some of which 
 are detailed in these charges. These I should not have regard 
 ed as long as they were private ; but I then determined and 
 declared to many of my friends in the navy, that should Cap 
 tain Elliott ever give publicity to his misrepresentations, I would 
 then demand an investigation of the whole of his conduct. 
 This necessity is now forced upon me. 
 
 Believing my hands to be bound, and even braving me with 
 the very certificate afforded to him in charity, this officer at 
 last addresses directly to myself, and claims my acquiescence 
 in the grossest misrepresentations not only of his own con 
 duct on Lake Erie, but of conduct and declarations which he 
 imputes to me. 
 
 Thus has Captain Elliott himself brought his own conduct 
 on Lake Erie again into view, and, by involving with it impu 
 tations upon mine, has compelled me to call for this inquiry. 
 
He can make no complaint, therefore, of delay in bringing for 
 ward any of these charges. Those which regard his conduct 
 on Lake Erie, and his justification, (if he has any,) are besides 
 as perfectly susceptible of proof now as at any earlier period. 
 . Whatever the character of that behaviour was, it was witness 
 ed by such numbers as to leave nothing in it equivocal or unex 
 plained. Some of the officers who were with him may still be 
 called upon, and although two or three others are deceased, 
 yet so were they when Captain Elliott himself called for a Court 
 of Inquiry. Certificates also were obtained from those officers 
 by Captain Elliott while living, the originals of which are in the 
 Department, and it may be seen by them that those officers, if 
 present, would have no testimony to give which could at all 
 militate with these charges. There are as many officers de 
 ceased from whose testimony Captain Elliott would have much 
 more to fear, than he would have to hope from that of the offi 
 cers above alluded to. A Court of Inquiry consisting of three 
 officers was once called at the request of Captain Elliott, in 
 consequence (if I recollect rightly) of some allusions to the 
 conduct of the Niagara, supposed to be contained in the Bri 
 tish Commodore Barclay s report ; and though that inquiry (of 
 which no notice to attend as witnesses was given to any of the 
 commanders of vessels on Lake Erie) could only be a very lim 
 ited one, and could involve no actual trial upon Captain Ell 
 iott s conduct, yet he undoubtedly had before that Court all 
 such witnesses as could testify in his favor, and the record of 
 that testimony (if any of those witnesses are deceased) will 
 avail him. Captain Elliott, therefore, can suffer nothing from 
 the lapse of time, and it would indeed be a strong pretension 
 in him to claim protection from inquiry into his conduct, at the 
 same time that he is giving notoriety to his own representations 
 of it, and that too to the prejudice of others. 
 
 I am, sir, fully sensible how troublesome the frequent exami 
 nations into the conduct of officers has been to the government, 
 and how disagreeable they must have become. I am aware, 
 also, that the public are justly dissatisfied with them, and that 
 reproach has brought upon the service by means of them. I 
 have>, therefore, avoided asking for this investigation as long 
 as I possibly could do so with any justice to the service, or to 
 my own character. 
 
 I have the honor to be, 
 
 Sir, 
 Your most obedient servant, 
 
 O. H. PERRY. 
 
8 
 
 CHARGES 
 
 Preferred by Captain Oliver H. Perry against Captain Jesse D. 
 Elliott, of the United States Navy. 
 
 FIRST CHARGE. 
 
 That the said Captain Elliott having, on the 10th Septem 
 ber, 1813, during the engagement on Lake Erie, between the 
 American and British fleets, before the eyes of the enemy, con 
 ducted himself in his command of the United States brig Nia 
 gara, in such a manner as to incur the reproaches of the Amer 
 ican fleet, and of the American army, then stationed in the 
 neighborhood under the command of Major General Harrison, 
 and of the citizens of the surrounding country ; and having, in 
 this unfortunate situation, experienced from his commanding 
 officer all the relief, and the most friendly countenance and 
 support, which, (without absolute inconsistency with truth,) it 
 was in the power of that officer to afford him, was, as soon as 
 left in the command on that Lake, and after the departure of 
 his said commanding officer, guilty of conduct unbecoming an 
 officer and a gentleman, by immediately entering upon and 
 pursuing a series of intrigues, designed to repair his own re 
 putation at the expense and sacrifice of his said commanding 
 officer. 
 
 Specification first. 
 
 Because the said Captain Elliott, on or about the month of 
 November, 1813, procured a certificate from Lieutenant Smith, 
 whom the said Elliott had attempted to dishonor, by repre 
 senting him as guilty of misconduct during said engagement ; 
 which certificate was intended to reflect on the said Captain 
 Perry ; insidiously to misrepresent his conduct during said en 
 gagement, and to impeach the truth of his official report there 
 of. And because, at or near the same time, the said Captain 
 Elliott procured a certificate to be signed by Lieutenant Ed 
 wards, Purser Magrath, Dr. Parsons, and acting Sailing Mas 
 ter Webster, having the same import and design, and contain 
 ing a perverted statement of the conduct and language of the 
 said Captain Perry, when he came on board of the Niagara du 
 ring said battle, although the said Elliott well knew that neither 
 of the said officers were then present ; that the said Edwards 
 was on the forecastle, that the said Magrath was at the time 
 absent from that vessel, and the said doctor and Sailing Master 
 were in the cockpit, or elsewhere below, and could neither of 
 
9 
 
 them have had any personal knowledge of the pretended facts 
 stated, which they could only have taken from the representa 
 tions of the said Captain Elliott himself; which certificates, 
 in such manner obtained, were, by the said Captain Elliott, 
 without notifying the said Captain Perry, procured to be trans 
 mitted to the Secretary of the Navy, for the purpose of injur 
 ing the reputation of the said Captain Perry in the opinion of 
 the government. 
 
 Specification second. 
 
 Because the said Captain Elliott, at Baltimore, in or about 
 the month of January, 1815, in presence of Captain Charles 
 Ridgely, of the United States Navy, did falsely, and with ma 
 lice, represent the conduct of his said commanding officer in 
 said engagement on the 10th September, 1813; insinuating 
 that, when the said commanding officer came on board of the 
 Niagara during said battle, he was in despair, and ready, to all 
 appearance, to surrender the fleet ; but the said commanding 
 officer, finding no reason to believe that he, the said Captain 
 Elliott, would consent to such a measure, the fight was renew 
 ed, and he, the said Captain Elliott, cheered and reanimated 
 his said commanding officer. And, at Lake Erie, on or about 
 the month of January, 1814, in the presence of Lieutenant 
 Concklin, did make the same, or similar, false imputations upon 
 the conduct of his said commanding officer. 
 
 Specification third. 
 
 That he, the said Captain Elliott, during the months of Octo 
 ber and November, 1813, repeatedly stated to Doctor Wal 
 lace, of Erie, and to others, that his said coramanding officer 
 had, under the influence of fear or despair, thrown overboard 
 his flag, called the motto-flag, which had been prepared by Cap 
 tain Perry to excite and encourage his men containing the 
 dying words of Lawrence, after whom this ship was named, 
 " don t give up the ship," and the said flag had been picked up 
 by another officer; which said assertions, said Elliott knew to 
 be false, and that said flag was still flying on board of the Law 
 rence when Captain Perry left that vessel and was never lost 
 or thrown overboard by any one. 
 
 Specification fourth. 
 
 That the said Elliott, about the month of September, 1813, 
 made, or procured to be made and exhibited to some of the of 
 ficers, a false drawing or sketch of the battle of the 10th of Sep- 
 
 2 
 
10 
 
 tember, 1813, in which drawing he placed himself in the Nia 
 gara, and in the Somers, in positions of danger and service he 
 never had occupied during the engagement; and represented 
 other vessels, which had gallantly fought and distinguished 
 themselves, in situations distant from the scene of action, and 
 as rendering no service. 
 
 Specification fifth. 
 
 That, on or about the 22d October, 1813, at Erie, he, the 
 said Captain Elliott, in presence of General Harrison, asserted 
 that he, the said Elliott, was in close action during the whole 
 of said engagement ; that the said Captain Perry had done him 
 injustice in not so stating in his official report ; and that said 
 Perry had promised, before said official report was despatched, 
 to alter that part of it to which he, the said Elliott, objected, 
 but had failed to do so ; all which representations he, the said 
 Elliott, knew to be wholly without truth. 
 
 Specification sixth. 
 
 Because the said Captain Elliott, at Erie, in the months of 
 November and December, 1813, and, from that time, until he 
 left the station at Lake Erie, about the month of May 1814; 
 and, also, at Buffalo, during the same period, and particularly 
 in November and December, 1813, did, in a manner calculated 
 to bring contempt and reproach upon his profession, and upon 
 the service, continually assail and beset the inhabitants of 
 those towns, and the vicinity, (especially those most ignorant, 
 and easily imposed upon,) with verbal accounts and descrip 
 tions of the engagement of the 10th September on Lake Erie, 
 destitute of all truth, and calculated to reflect on the said Cap 
 tain Perry; and falsely to assume to himself a principal share 
 in the victory obtained on said Lake. 
 
 Specification seventh. 
 
 Because the said Elliott, at Lake Erie, on or about the 28th 
 October, 1813, did descend to various unmanly acts, in order 
 to prevail upon Lieutenant Turner to give him such a certificate 
 of good conduct, in the engagement of the 10th of September, 
 as he knew could not be given with truth ; and, although Lieu 
 tenant Turner not only resisted his importunities, but showed 
 a strong repugnance to giving him any certificate whatever, 
 yet the said Captain Elliott pursued and urged him : and, final 
 ly, appealed to his feelings, by saying that the unfavorable 
 reports of his conduct, during the said battle, had come to the 
 ears of his wife, had rendered her unhappy, and declaring, upon 
 
11 
 
 his honor, that, if Lieutenant Turner would give him a cer 
 tificate, he would make no other use of it than as a means of al 
 laying her uneasiness ; and, by such unworthy means, the said 
 Captain Elliott succeeded in extorting from said Lieutenant 
 Turner such a certificate as that gentleman hoped he might 
 venture to give for such an occasion. 
 
 Specification eighth. 
 
 Because the said Elliott, in the months of October and No 
 vember, 1813, resorted to unbecoming acts and persuasion, in 
 order to prevail on other officers, then under his command, 
 (particularly Sailing Masters Champlain, Brownell, and M Don- 
 ald,) to give him certificates of good conduct in said engage 
 ment of 10th September, so contrary, to their opinions, that all, 
 or most of them, refused to give any such certificate. 
 
 Specification ninth. 
 
 Because the said Captain Elliott, at Erie, on or about the 
 10th November, 1813, in a manner derogatory to the character 
 of an American officer, questioned some of the British officers, 
 then prisoners, of whom he had the charge, (particularly Lieu 
 tenant Bignall,) relative to his, the said Captain Elliott s con 
 duct in the late engagement, and for the purpose of obtaining 
 from them a favorable declaration of his having been in close 
 action in the Niagara during said engagement. 
 
 Specification tenth. 
 
 Because the said Captain Elliott, on the night of the 19th Sep 
 tember, on Lake Erie, (having first, in a previous interview, 
 exciting the compassion of his commanding officer, by lament 
 ing the injury his character had sustained, and declaring that he 
 had lost the finest opportunity that ever man had of distinguishing 
 himself,) did address to the said officer a note in the style of friend 
 ly solicitation, calculated to produce in his favor, from said offi 
 cer, an expression of the friendly disposition and wish to relieve 
 the said Captain Elliott, manifested by that officer in said in 
 terview ; and did afterwards, in the Erie Gazette of 1st No 
 vember, 1813, cause a false copy of said note (of his) to be 
 published ; by which, said note was made to assume a differ 
 ent tone and import ; and did, also, at the same time, cause to 
 be published, in said Gazette, the friendly letter or certificate of 
 his said commanding officer as being a reply thereto. 
 
 All which practices, stated in the foregoing specifications, 
 were resorted to by the said Captain Elliott, after his com- 
 
12 
 
 manding officer had exerted, to his utmost personal influence 
 with the officers of the fleet and others, for the purpose of 
 screening the said Captain Elliott from the consequences of 
 his conduct during said engagement; and had, in drawing his 
 official report of that engagement, studiously labored to devise 
 some pardonable mode of representing that transaction, by which 
 he might be able, happily, to get over the objectionable part of 
 said Elliott s conduct on that day, and, at the same time, to name 
 him with credit and honor. 
 
 Specification eleventh. 
 
 Because the said Captain Elliott did, on the 14th May, 1818, 
 address to the said Captain Perry a letter, enclosing therein, 
 as the cause of said letter, copies of certain certificates, stat 
 ing expressions, alleged to have been made use of by Captain 
 Perry towards the said Captain Elliott, without calling upon the 
 said Captain Perry to avow, deny, or explain, or justify said ex 
 pressions, descending to the most unmanly and vulgar abuse. In 
 which said letter, also, the said Captain Perry is represented 
 wholly without truth, as having declared to Capt. Elliott, at Erie, 
 that, if he would not dwell on the action, he, the said Perry, 
 would write a private letter to the Honorable Secretary of the 
 Navy, and express his surprise that the country did not give 
 him, the said Captain Elliott, half the honor of the victory, and 
 in the same letter, the said Elliott again misrepresented the 
 style and import of his said note, mentioned in the last specifi 
 cation, giving it the tone of a categorical demand upon the said 
 Captain Perry, to contradict the reports which were put in cir 
 culation prejudicial to the character of the said Captain Elliott, 
 as if he, the said Captain Elliott, would insinuate that at the 
 time of writing of the said note he considered said reports to 
 have been put in circulation by the said Capt. Perry, and that he 
 accordingly called upon him, in said note, to contradict them. 
 
 CHARGE SECOND. 
 
 Conduct unbecoming an officer, and manifesting disregard of 
 the honor of the American flag. 
 
 Specification first. 
 
 Because the said Captain Elliott, about the 1st of October, 
 1813, on board the gunboat Scorpion, commanded by Sailing 
 Master Champlain, then on Lake St. Clair, in the presence 
 of said Champlain, intemperately and unjustly abused the said 
 Captain Perry, his said commanding officer on lake Erie, and 
 expressly declared that he had had it in his power to destroy 
 
13 
 
 the fleet, and the said Perry with it, and he only regretted that 
 he had not done so ; and further there declared, that the offi 
 cers and men of the Lawrence were not entitled to prize mo 
 ney, on account of the vessels of the enemy captured on lake 
 Erie, but that the officers and crews of the other vessels of the 
 American fleet were entitled to prize money for the recapture 
 of the Lawrence. And because the said Captain Elliott did 
 again, at Buffalo, in November and December, 1813, publicly 
 express the same v "ish, that he had sacrificed the American 
 fleet on lake Erie, together with the said Captain Perry its 
 commander. 
 
 Specification second. 
 
 Because the said Captain Elliott, at Erie, on or about the 
 26th October, 1813, declared, in the presence of Dr. Wallace 
 of that place, that it would be a serious question between the 
 two governments (meaning the American and British) whether 
 Captain Perry was not to be considered as a prisoner of war. 
 
 Specification third. 
 
 Because the said Captain Elliott, in the month of November, 
 1813, at Erie and at Buffalo, asserted publicly, that the Ameri 
 can flag, for the first time since the declaration of war, had 
 been disgraced on board the Lawrence, (meaning that such dis 
 grace had been incurred by that vessel, in the engagement on 
 10th September, on lake Erie.) 
 
 Specification fourth. 
 
 Because the said Elliott, at Erie, in the months of October 
 and November, 1813, declared in presence of Dr. Wallace of 
 that place, and others, that the American fleet had gained no 
 honor in the engagement on the 10th September on lake Erie, 
 and that, from the superiority of force, the British fleet might 
 have been taken in fifteen minutes ; although he, the said Cap 
 tain Elliott, well knew that the force of the enemy, in that en 
 gagement, was superior to that of the American fleet. 
 
 CHARGE THIRD. 
 
 That the said Captain Elliott was guilty of oppression to 
 wards certain officers and men under his command on Lake Erie. 
 
 Specification first. 
 
 Because the said Captain Elliott, on Lake Erie, on or about 
 the month of January, 1814, put Lieutenant Conklin under ar- 
 
14 
 
 rest, without any other cause than that the said Lieutenant 
 Concklin went out of said Captain Elliott s cabin, declaring to 
 him that he would not remain there to hear such reflections 
 upon the character of Captain Perry, as were then made by 
 the said Captain Elliott, which reflections are stated in the se 
 cond preceding specification, first charge. 
 
 Specification second. 
 
 Because the said Captain Elliott violently beat with a trum 
 pet one of the men on board of the gunboat Somers, for laugh 
 ing when he perceived, or supposed, the said Captain Elliott to 
 dodge a chain-shot, which happened to pass over that vessel, 
 near to Captain Elliott, during the engagement of 10th Septem 
 ber, 1813. 
 
 Specification third. 
 
 Because the said Captain Elliott, during the months of No 
 vember and December, 1813, while left in command on Lake 
 Erie, took every opportunity of manifesting an unjust hostility 
 towards the surviving officers and men of the Lawrence, and 
 particularly towards such officers of the fleet as had declined 
 giving him certificates of good conduct ; on all occasions select 
 ing such officers and men for the most severe duties, and pla 
 cing them in the most uncomfortable situations ; in such man 
 ner as to excite the observation of the whole fleet. 
 
 CHARGE FOURTH. 
 
 That the said Captain Elliott, on the 10th September, 1813, 
 being then a Master Commander in the Navy of the United 
 States, and commanding the United States brig Niagara, one 
 of the American squadron on Lake Erie, did not use his utmost 
 exertion to carry into execution the orders of his commanding 
 officer to join in the battle on that day between the American 
 and British fleets. 
 
 Specification of the fourth charge. 
 
 Because the American squadron having sailed, in search of 
 the enemy, a few days previous, the following orders and in 
 structions were issued by the commanding officer, viz. 1st 
 An order directing in what manner the line of battle should be 
 formed ; the several vessels to keep within half cable s length 
 of each other, and enjoining it upon the commanders to pre 
 serve their stations in the line, and, in all cases to keep as near 
 
15 
 
 to the commanding officer s vessel, the Lawrence, as possible ; 
 2d An order of attack ; in which order the Lawrence was 
 designated to attack the enemy s new ship, (afterwards ascer 
 tained to have been named the Detroit,) and the Niagra, com 
 manded by the said Captain Elliott, designated to attack the 
 enemy s ship " Queen Charlotte ;" which orders were then 
 communicated to all the commanders, including the said Cap 
 tain Elliott, who, for that purpose, and to receive further orders 
 and instructions, were, by signal, called together by the said com 
 manding officer, and all the said commanders, including the said 
 Captain Elliott, were then, by the said commanding officer, ex 
 pressly further instructed, that " if, in the expected engage 
 ment, they laid their vessels close along side of those of the 
 enemy, they could not be out of their way." 3d When com 
 ing into action, an order was passed, by trumpet, for the ves 
 sels astern to close up in the line ; and, after the enemy had 
 commenced firing, the signal was made, by the said command 
 ing officer, for the fleet to come into action, each vessel against 
 her opponent, as before designated ; yet did he, the said Cap 
 tain Elliott, notwithstanding said orders, and in violation there 
 of, keep his said brig, the Niagara, nearly a mile s distance 
 astern of the Lawrence, and a still great distance from the 
 whole of the enemy s fleet, during more than two hours of the 
 battle, although but a few moments before its commencement 
 he was within hail of the Lawrence, and might with ease have 
 followed that vessel into close action, instead of which he, the 
 said Captain Elliott, failed to come into close action and to en 
 gage the enemy s ship the Queen Charlotte, ns he was bound 
 to do by snid order and by the example of the commanding 
 officer s vessel, and did remain, during the whole period be 
 fore mentioned, at such a distance from the enemy as to ren 
 der all the guns of the Niagara useless, except two long ones, 
 which, consequently, were the only guns fired from that vessel 
 during all the said time, and by which, at so great a distance but 
 little, if any, effect upon the enemy could be produced ; of 
 which misconduct and breach of orders the said Captain Elliott 
 was guilty, without any necessity, cause, or excuse, his said 
 vessel being, in all respects, in size, force, equipment and crew, 
 and sailing, fully equal to the Lawrence and the ship he was 
 ordered to engage ; and, being also to the windward of the 
 enemy, said vessel could not easily have been kept out of 
 close action, unless the said Captain Elliott had, for that pur 
 pose, kept, as he did, her main topsail aback and her jib brail- 
 edup; by doing which, and by keeping the wind, instead of 
 bearing down upon the enemy, he, the said Captain Elliott, 
 finally carried his said vessel on the outside of the Lawrence 
 and Caledonia, placing those vessels between him and the ene- 
 
16 
 
 my, and was, when his said commanding officer went on board 
 that vessel, keeping her on a course by the wind, which would, 
 in a few minutes, have carried said vessel entirely out of the 
 action, to prevent which, and in order to bring the said vessel 
 into close action with the enemy, the said commanding officer 
 was under the necessity of heaving to and immediately wearing 
 said vessel and altering her course at least eight points. 
 
 CHARGE FIFTH. 
 
 That the said Captain Elliott, on the 10th September, 1813, 
 being then commander of the United States brig Niagara, one 
 of the American squadron on lake Erie, through cowardice, 
 negligence, or disaffection, did not, in the action on said lake 
 on that day between the American and British fleets, do his ut 
 most to take or destroy the vessel of the enemy which it was 
 his duty to encounter. 
 
 Specification. 
 (Same as to charge fourth.) 
 
 CHARGE SIXTH. 
 
 That the said Captain Elliott, in said engagement on lake 
 Erie, on the said 10th of September, through cowardice, negli 
 gence, or disaffection, did not do his utmost endeavor to afford 
 relief to the United States brig Lawrence. 
 
 Specification. 
 (Same as to charges 4th and 5th, with the following addition :) 
 
 In consequence nf which conduct of the said Captain Elliott, 
 the enemy s said ship the Queen Charlotte, was enabled to 
 unite her force with that of the Detroit against the Lawrence ; 
 instead of preventing which, or affording any assistance to said 
 brig Lawrence, the said Captain Elliott left that vessel, her of 
 ficers and crew, (eighty-three of whom were killed or wound 
 ed,) a sacrifice to the enemy, although his, the said Captain El 
 liott s vessel, remained perfectly uninjured, with not more than 
 one or two of his men (if any) wounded, while Captain Elliott 
 continued on board of her. 
 
 August S, 1818. O. H. PERRY. 
 
17 
 
 Copy of Lieutenant Turner s affidavit. 
 
 In the battle of the 10th September, 1813, on Lake Erie, be 
 tween the American squadron commanded by Commodore Per 
 ry and the British squadron under Commodore Barclay, the ac 
 tion began when the two squadrons were about a mile apart, 
 by a firing commenced by the enemy ; the signal having been 
 made by Commodore Perry, for our vessels to engage as they 
 came up, each against the enemy s vessel, as designated in pre 
 vious orders, which made the Queen Charlotte the antagonist 
 of the Niagara, commanded by Captain Elliott. It was under 
 stood by the American officers before the fight, that it was Cap 
 tain s Perry s intention to bring the enemy to close action as 
 soon as possible. The Lawrence accordingly closed with the 
 Detroit very soon. The Queen Charlotte made sail for the 
 purpose of assisting the Detroit. The Niagara might have re 
 lieved the Lawrence from the Queen Charlotte s fire, if she 
 had made proper exertions to bring her to close action ; but, 
 by keeping her maintop sail aback and her jib brailed up, she 
 kept at too great a distance from the enemy to do him any ma 
 terial injury, and sustained scarcely any herself until the Com 
 modore took command of her, who immediately bore up and 
 passed through the enemy s line, firing both his broadsides with 
 such tremendous effect, as compelled him instantly to surrender. 
 
 It was the general opinion of the American officers, and ex 
 pressed with much indignation, that Captain Elliott did not do 
 his duty in the battle, as a gallant and faithful officer ; inasmuch 
 as he did not bring his vessel, as soon as he might have done, 
 into close action, which circumstance only, made the result of 
 the battle for a short time doubtful. Soon after the victory, 
 Captain Elliott s conduct was spoken of, as well in General 
 Harrison s army, as in the fleet, with great disapprobation and 
 censure. Captain Perry heard of it, and spoke to me of it one 
 evening ; said that he was sorry reports were in circulation so 
 ruinous to Captain Elliot s reputation wished they might be 
 silenced, and desired me to go on shore to the camp, and do 
 all that I could, with propriety, to counteract them I did so 
 accordingly the next morning. He said the American flag had 
 gained much honor that day, and he wished all his compan 
 ions in battle to share it w ith him. Several weeks after this, 
 Captain Perry told me that Captain Elliott wished him to alter 
 that part of his official report which stated that the Niagara did 
 not, until a late period of the engagement, get into close action 
 and asked me whether I thought that part of his report, in 
 correct, as it had been agreed to leave the question to be de 
 cided by two commissioned officers of the fleet, (Lieutenant Ed 
 wards, who was present, and myself being the officers selected,) 
 3 
 
18 
 
 I answered, I thought that part of his official report was entire 
 ly correct, to which Lieutenant Edwards assented. 
 
 Some time after, Captain Perry left the lake, and when the 
 squadron was under Captain Elliott s command, he applied to 
 me and repeatedly urged me to give him a certificate respecting 
 his conduct in the battle. He said that his only reason for 
 wishing one, was to have it in his power to calm his wife s un 
 easiness, who had heard that his conduct had been questioned ; 
 and declared to me, upon his honor, that he would make no 
 other use of it than as a means of relieving her unhappiness. 
 Thus delicately and unpleasantly situated, I wrote such a cer 
 tificate as I thought I might, for such an occasion, venture to 
 give Captain Elliott. DAN. TURNER. 
 
 Sworn to before, 
 
 HOLMES WEAVER, Jus. Peace. 
 
 Copy of Dr. Parson s Affidavit. 
 
 In the action of the 10th September, 1813, on lake Erie, I 
 was stationed in the wardroom of the Lawrence, to act as sur 
 geon. I well recollect, that the wounded, from the first of their 
 coming down, complained that the Niagara (commanded by 
 Captain Elliott,) did not come up to her station and close with 
 the Queen Charlotte, although he had been ordered by signal ; 
 and this complaint was frequently repeated by them) till the 
 Lawrence struck, and repeatedly by Lieutenants Brooks, Yar- 
 nal and Claxton. It was at the same time observed that the 
 Caledonia was in close action, while the Niagara, a faster sail 
 er, was quite out of the reach of the enemy. After the action 
 closed, the censures upon Captain Elliott s conduct were so ge 
 neral and severe, not only among the Lawrence s officers, but 
 those of the small vessels, that in writing to my friends, the day 
 following, I did not hesitate to say, that Captain Elliott had dis 
 graced himself in the action ; and the same sentiment was ex 
 pressed in the letters of every officer on board who was able to 
 write. These letters were on the point of being sent, when 
 Mr. Hambleton, who had just had a private interview with 
 Commodore Perry, told us the Commodore wished us to be si 
 lent on Captain Elliot s conduct ; that whatever might have 
 been the appearances during the action, he was then unwilling, 
 after its happy result, to destroy an officer of his rank ; and that 
 honor enough had been gained by the action, to permit of its 
 being shared by every one engaged in it. 
 
 This request of Commodore Perry was complied with, as far 
 as was practicable ; one of Mr. YarnalPs letters, however, had 
 
19 
 
 slipt from his hands before this message was received and was 
 published. 
 
 The second day after the action, I attended the wounded of 
 the Niagara, (the surgeon of that vessel having been sick,) and 
 out of twenty cases, not more than one or two, said they were 
 wounded while Captain Elliott was on board the ship. On 
 board all the small vessels which Captain Elliott brought up 
 towards the close of the action, the number of killed and 
 wounded did not exceed two or three. The number of killed 
 and wounded on board the Lawrence, before she struck, was 
 eighty-three. 
 
 In conversation with two officers of the Queen Charlotte, a 
 short time after the action, I asked them why the Queen di 
 rected her fire wholly upon the Lawrence instead of the Nia 
 gara? He replied, "because the Niagara was so far off we 
 could not injure her." 
 
 From all these facts, and others, the officers of the Lawrence 
 and some of the other vessels, felt exceedingly disappointed 
 and displeased with the official report of Commodore Perry, on 
 account of the honorable mention there made of Captain El 
 liott. We have, nevertheless, been willing to believe that the 
 error proceeded from the best motives. 
 
 Midshipman Lenox, who commanded one of the small ves 
 sels, has repeatedly told me that Captain Elliott had said, in his 
 presence in Buffalo, that he regretted he did not sacrifice the 
 fleet, when it was in his power, and Captain Perry with it. 
 
 USHER PARSONS. 
 
 Sworn to before me, 
 HOLMES WEAVER, Just. Peace. 
 
 Letter from Captain Elliott, to Captain Perry, [no date affixed.] 
 
 SIR : Communications which have recently been made me, 
 and exact copies of which I herewith enclose you, render it 
 necessary that I should hear from you immediately. As soon 
 as I heard of your late visit to Washington, I lost no time in 
 hurrying off from this place, with a hope that we should meet 
 and settle those differences which have *o long existed ; your 
 sudden, and to me unexpected, departure from that city, pre 
 vented the contemplated meeting; and my orders to sit on a 
 Court Martial, in Baltimore which detained me from this place 
 longer than I at first expected, has induced me to return to 
 Virginia, and instead of the personal interview, which had alone 
 
20 
 
 carried me from home, and which I had so anxiously hoped for 
 would take place, now compels me to address you at a moment 
 when I might seem if prompted by the late public investigation 
 of your Mediterranean command. 
 
 The wrongs which I have suffered are many ; and after tak 
 ing a retrospect of all the transactions connected with our af 
 fairs which have been made public, 1 am at a loss to know how 
 it was possible you could have made such representations as 
 are contained in the certificates herewith enclosed. Immedi 
 ately after the action on Lake Erie, you must recollect, that 
 reports prejudicial to my character were put in circulation ; 
 when I called on you for a written contradiction of them, (your 
 answer, I presume, is in your possession) you say in your letter, 
 " You have no fault to find with myself, officers, and crew 
 compliment me by saying, you are indebted in a great measure 
 for the victory, my bringing the small vessels into close action," 
 and conclude, with a positive assertion, that the Niagara would, 
 from her superior order, have taken the Queen Charlotte in 
 twenty minutes, had she not made sail and engaged the Law 
 rence. 
 
 What, sir, has since occurred, to draw from you such base, 
 false, and malicious reports, as contained in the certificates en 
 closed ? I will conclude my remarks with one or two observa 
 tions, and permit you to draw such inferences as your feelings 
 of honor may dictate ; hoping, that you will never again have 
 occasion, either in the society of the ladies, or that of young 
 navy officers, to make use of expressions of a similar nature, 
 and which, too, intended to my injury. Pray sir, has your me 
 mory been so treacherous, as to fail recollecting an interview 
 at Erie, and that you then said, " if I would not dwell on the 
 action, that you would write a private letter to the Hon. Secre 
 tary of the Navy, and express your surprise that the country 
 did not give me half the honor in the victory f" 
 
 With proper respect, 
 
 J. D. ELLIOTT. 
 
 Capt. O. H. Perry, &c. 
 
 Copies of the Certificates alluded to in the foregoing Letter. 
 
 NORFOLK, Feb. 2, 1818. 
 
 SIR : In conversation with some of the officers of the U. S. 
 ship Washington, your name was mentioned, in connexion 
 with the action on Lake Erie, when Lieutenant W. B. Shubrick 
 observed, that Captain Perry had publicly said your reputation 
 was in his hands, and that the least you and your friends can say 
 on the subject of that action the better for you. 
 
21 
 
 I at the same time said I was your friend, and as soon as an 
 opportunity presented, would make known to you the assertion 
 which is now communicated. 
 
 W. H. BRECKENRTDGE. 
 
 To Capt. Jesse D. Elliott. 
 
 I certify that the above is a true copy of the original, which 
 I have seen in the possession of Captain Elliott. 
 
 May 1, 1818. GEORGE T. KENNON. 
 
 WASHINGTON, Feb. 27, 1818. 
 
 SIR : You having called on me for some assertions made by 
 Captain Perry, I can only state, that some time in the year 1813 
 I saw Commodore Perry in New York, and mentioned I had 
 received a letter from Captain Elliott respecting the engage 
 ment on Lake Erie. 
 
 Commodore Perry replied, that Captain Elliott had better 
 be quiet on that subject ; that he had understood other letters 
 had been written by him to his friends. 
 
 The above conversation between Commodore Perry and my 
 self has never been directly or indirectly mentioned by me to 
 Captain Elliott, until called upon by him here. 
 
 JOHN HALL. 
 
 I certify the above is a true copy of the original, which I have 
 seen in the hands of Captain Elliott. 
 
 G. T. KENNON. 
 
 Hospital Surgeon, Gosport. 
 
 To the Post Master, Erie Station, New York, for Capt. Elliott. 
 
 [Captain Elliott s particular station not being known at this time, you are equested to 
 forward the enclosed to him in such manner as it will be sure to reach him, and you will 
 oblige his friend, M. G. R. RUSSELL.] 
 
 It is with the deepest regret that the friends of merit observe 
 how much you have been overlooked in the late engagement 
 on Lake Erie. You are bound in justice to yourself, to lay be 
 fore your country and the world your own share of the glory 
 of that day. You may rest assured that Perry is endeavor 
 ing to rob you of all. I have a correspondent who resides in 
 Newport, and who heard Perry say, in a private circle, when 
 he was representing the action, that when he went on board 
 the Niagara, he found you pale and trembling like an aspin 
 leaf, and all your officers, and that it was with difficulty he could 
 
22 
 
 get you to obey his commands. Although I have not the ho 
 nor of your acquaintance, I feel bound, by my attachment to 
 worth and gallantry, to give you this information, trusting to 
 your honor as a gentleman and officer not to betray me ; for 
 my friends would highly condemn a step of the kind, and Perry, 
 too, knows my hand writing. But I feel confident you will con 
 fine this information to your own breast ; it is only for your ben 
 efit that I give it. 
 
 It would afford me much pleasure to know that you have re 
 ceived this in safety. If you wish to acknowledge the receipt, 
 direct to " Miss Mary G. R. Russell, Petersburg, Virginia." 
 
 Captain Perry s reply to Captain Elliott. 
 
 NEWPORT, (RHODE ISLAND,) June 18, 1818. 
 
 SIR : The letter which I have lately received from you has 
 evidently been written for the purpose of being exhibited to your 
 friends, and in the hope that, passing without reply, it might 
 gain credit among those upon whom you have been long in the 
 habit of practising similar impositions. You had much reason, 
 sir, to indulge in such a hope. 
 
 It is humiliating to be under the necessity of replying to any 
 letters written by a person who so little knows what becomes 
 a gentleman. I must not, however, permit you to derive from 
 my silence any countenance to the gross falsehoods contained 
 in your letter, and which it would be an affectation of decorum 
 to call by any other name ; such, particularly, is the absurd de 
 claration you impute to me in the close of i-t, and the perverted 
 account you give of the manner in which I was once induced to 
 write a letter in your favor. How imprudent, as well as base, 
 it is in you, by such misrepresentations, to reduce me to the 
 necessity of reminding you of the abject condition in which I 
 had prefiously found you, and by which I was moved to afford 
 you all the countenance in my power ; sick (or pretending to 
 be sick) in bed, in consequence of distress of mind, declaring 
 that you had missed the fairest opportunity of distinguishing 
 yourself that ever man had, and lamenting so piteously the loss 
 of your reputation, that I was prompted to make almost any 
 effort to relieve you from the shame which seemed to over 
 whelm you. This, you very well know, was the origin of the 
 certificate I then granted you ; and that your letter to me, (of 
 which you once furnished a false copy for publication, and 
 which you now represent as making a demand upon me,) was 
 merely an introduction to mine. Another motive I had which 
 you could not appreciate, but which I urged with success on 
 
23 
 
 the other officers : it resulted from a strong, and I then hoped 
 pardonable, desire that the public eye might only rest upon 
 the gallant conduct of the fleet, and not be attracted to its blem 
 ishes, as I feared it would be by the irritation excited by your 
 conduct among the officers and men, most of whom, I hoped, 
 had acquired sufficient honor to gratify their ambition, even 
 should that honor be shared by some one who might less de 
 serve it. 
 
 The expressions stated in your two certificates to have been 
 made use of by me, when speaking of your unmanly conduct, 
 were probably the most lenient I have for a long time employ 
 ed when called upon to express my opinion of you ; and, thor 
 oughly known, as you must be conscious your character is to 
 me, it was quite needless for you to have procured certificates 
 of the contempt with which I have spoken of you. You might 
 readily, however, have furnished much more ample ones, and 
 of a much earlier date, than those it has suited you to produce; 
 for you allowed but little time to elapse, after receiving the ben 
 efits of my letter, before your falsehoods and intrigues against 
 me made me fully sensible of the error I had committed in en 
 deavoring to prop so unprincipled a character. 
 
 If it be really true that you hurried to Washington for the 
 purpose of inviting me to a meeting, it is indeed unfortunate 
 that intentions for which you give yourself so great credit have 
 evaporated in a pitiful letter, which none but a base and vulgar 
 mind could have dictated. The reputation you have lost is 
 not to be recovered by such artifices ; it was tarnished by your 
 own behaviour on Lake Erie, and has constantly been rendered 
 more desperate by your subsequent folly and habitual false 
 hoods. You cannot wonder at the loss : that reputation which 
 has neither honor nor truth, nor courage for its basis, must ever 
 be of short duration. Mean and despicable as you have proved 
 yourself to be, I shall never cease to criminate myself for having 
 deviated from the path of strict propriety, for the sake of screen 
 ing you from public contempt and indignation. For this of 
 fence to the community I will atone, in due time, by a full dis 
 closure of your disgraceful conduct. But that you, of all men, 
 should exultingly charge me with an error committed in your 
 favor, and by which you were (as far as a man in your situation 
 could be) saved from disgrace, is a degree of turpitude of 
 which 1 had before no conception. O. H. P. 
 
THE foregoing documents were published without 
 the knowledge of the relations of the late Commodore 
 Perry. It is with regret the} 7 find that the publication 
 has led to a controversy in which they would not will 
 ingly have engaged ; believing as they do, that the 
 reputation of Commodore Perry in the estimation of 
 the Government and the nation is too well established 
 to require any defence. 
 
 Capt. Elliott having however asserted in a newspaper 
 publication, that he had in his " possession the evidences 
 necessary to destroy the object of this attack, and that 
 he had prepared the materials to justify the rank which 
 had been conferred on him, and which he only withheld 
 from publication from motives of forbearance," I con 
 sidered it my duty publicly to call on Capt. Elliott to 
 exhibit the documents on which he relied for his justi 
 fication against the charges in the publication to which 
 Commodore Perry s name was attached. 
 
 Capt. Elliott has published those " evidences;" and 
 I now in conformity with my pledge, and discharging 
 the duty which I owe to the memory of my brother, lay 
 before the public the following additional documents, 
 which (with the exception of Lieut. D. Forest s letter) 
 have been copied froai the original affidavits in the pos 
 session of the Committee appointed by the Legislature 
 of Rhode Island to collect documents relative to the 
 action on Lake Erie between the American and British 
 fleets. 
 
 MATTHEW C. PERRY. 
 
 New York, April 6th, 1821. 
 
25 
 
 Copy of the Affidavit of Lieut. Thomas Holdup Stevens, Commanding 
 United States Sloop Trippe, in the action of the IQth Sept. 1813. 
 
 When the American squadron had approached the enemy 
 within about a mile, and the enemy had commenced firing, 
 the signal was made by Com. Perry, to " engage as you come 
 up, every one against his opponent, in the line as before desig 
 nated ;" agreeable to this signal, the situation of the Niagara 
 should have been abreast of the Queen Charlotte, and within 
 half a cable s length. The Lawrence went gallantly into close 
 action, and her example was followed by the Caledonia, Lieut. 
 Turner; but the Niagara continued to hug the wind, and re 
 mained in the position she had taken at the commencement of 
 the action till a few moments previous to Com. Perry s board 
 ing her. There could not be any rational object in the Nia 
 gara s keeping at long shot with the Queen Charlotte, as the 
 amount and description of their force was equal, and being 
 principally carronades, no effect could be made by them at 
 the distance Capt. Elliott kept his ship. From the number of 
 light sails the Niagara had, and there being a leading wind, 
 Capt. Elliott might at any period of the action have closed with 
 the enemy, and relieved the Lawrence from the dreadful and 
 destructive fire kept up upon her from the united forces of the 
 Detroit and Queen Charlotte. 
 
 It was the general opinion of the officers and men of the 
 squadron, that Captain Elliott did not do his duty in the action of 
 the 10th of Sept. ; and that had he been impelled by a be 
 coming bravery, he would have made greater exertions to 
 have taken an active part in the figlit. Great irritation was 
 produced in the fleet in consequence of it, and this opinion con 
 tinued to be freely expressed till it was made known that Com. 
 Perry was desirous of protecting Capt. Elliott from the effects 
 of such reports. Every exertion was made by Com. Perry to 
 screen Capt. Elliott from the injurious impressions made by 
 his conduct : but the volunteers in the fleet did not pay the 
 same regard to Com. Perry s wishes as was done by the officers; 
 and many of them having witnessed the conduct of Captain 
 Elliott, gave full expression to their feelings and opinions re 
 specting him. 
 
 It was a received opinion in the fleet, that previous to Com 
 modore Perry s going on board the Niagara, she had but one 
 man wounded, and that her opponent, the Queen Charlotte, 
 from the account of the British officers, had suffered but very 
 slightly previous to being engaged in close action with Com 
 modore Perry. 
 
 When the action closed, Captain Elliott was on board the 
 Somers, and the accounts from that vessel were very unfa- 
 4 
 
26 
 
 vorable to Capt. Elliott s bravery, as it was reported he beat 
 the Captain of the gun very severely with a speaking trumpet, 
 for having laughed at his dodging a shot which passed over him 
 from the enemy. 
 
 Signed, THOS. HOLDUP STEVENS. 
 
 WASHINGTON, Jan. 29th, 1821. 
 
 SIR, To bear testimony against the character of a brother 
 officer, is no pleasing task ; but there is a paramount obligation 
 that we all owe to our country, which cannot be overlooked 
 but with the implication of personal honor, and to the suprema 
 cy of which all private friendship and personal respect must be 
 compelled to bow. 
 
 Uninfluenced by other motives, I do now most willingly, 
 (but with regret for the occasion) offer my testimony with re 
 gard to the conduct of Captain Jesse D. Elliott, on the 10th 
 day of September, 1813, during the action with the enemy s 
 squadron on Lake Erie. I was the second Lieutenant of the 
 brig Lawrence, Com. Perry s flag vessel, at the time and on 
 the occasion alluded to. I was the officer of the watch at the 
 moment the enemy was first seen on that day, and reported 
 them to Coin. Perry, when our squadron immediately got un 
 der weigh and worked out of the bay after we got out, the 
 wind changed in our favor, and we run down to meet the ene 
 my. After the commencement of the action, Captain Elliott, 
 in the Niagara, instead of keeping on with us, and engaging 
 his opponent as directed, put his helm down and sheered to 
 windward of the Lawrence, leaving the Lawrence exposed to 
 the fire of the enemy s two largest vessels. Some time after 
 the Lawrence had been in close action, and much cut up, I 
 said to Com. Perry, " that brig (meaning the Niagara) will not 
 help us ; see how he keeps off; he will not come to close ac 
 tion." " Pll fetch him up," said Commodore Perry ; and im 
 mediately ordered his boat. As he left the Lawrence, he said, 
 " If a victory is to gained, I ll gain it." As soon as he got 
 on board the Niagara, she bore up and run down, and in a 
 short time was in close action between two of the enemy s 
 largest vessels. I was on deck from day-light till after the 
 battle was over; and I believed at the time, and do still most 
 solemnly believe, that Captain Jesse D. Elliott was influenced 
 either by cowardice, and fear prevented him from closing with 
 the enemy, or that he wished to sacrifice the Lawrence, and 
 the claim the victory for himself. 
 
 It was my firm belief, at the time Com. Perry was making 
 
27 
 
 out of his report of the action, and I believe other officers were 
 of the same opinion, that Com. Perry endeavored so to word 
 it, as to screen Capt. Elliott as much as he could, and that this 
 was done solely from feelings of benevolence. 
 Respectfully, &c. 
 
 DULANY FORREST, U. S. N. 
 
 Copy of the Affidavit of Lieut. Stephen Champlin, commanding 
 U. S. Schooner Scorpion, in the battle of the IQth Sept. 1813. 
 
 In the action of the 10th of Sept. 1813, between the Ameri 
 can squadron, commanded by Com. Perry, and the British, 
 under Com. Barclay, on Lake Erie, when we were within 
 the distance of a mile from the enemy, who had commenced 
 firing, the signal was made by Commodore Perry, " engage as 
 you come up, every one against his opponent, in the line be 
 fore designated" The situation of the Niagara should have 
 been abreast of the Queen Charlotte, and of course as near as 
 she could get, as previous to the action I had always under 
 stood from Com. Perry that it was his intention to bring the 
 enemy s fleet to close action in case of a conflict. The Law 
 rence went into close action in the most gallant style, followed 
 by the Caledonia under the command of Lieutenant D. Turner, 
 who kept her in her station, agreeably to signals. The Queen 
 Charlotte made sail and closed up with the Detroit shortly 
 after the action commenced, and directed her fire at the Law 
 rence. The Niagara still continued to remain a long way 
 astern, and firing at long shot; a short time before Commodore 
 Perry s going on board of her, she ranged ahead of the Law 
 rence and to windward of her, bringing the Commodore s ship 
 between her and the enemy, when she might have passed to 
 leeward and relieved the Lawrence from their destructive fire. 
 The wind being at that time S. E. and the American squadron 
 steering large, (with the exception of the Lawrence, she being 
 at that time entirely disabled and lying like a log upon the 
 water,) the Caledonia took and maintained her station in the 
 line, which was just astern of the Commodore during the whole 
 of the action. It was the opinion of the officers and men of 
 the squadron that Captain Elliott did not do his duty in the 
 action on that day, and that had his conduct been that of a 
 brave man, there is no possible reason that can be given why 
 his vessel should not have been brought into close action with 
 
28 
 
 the British squadron, before Commodre Perry went on board of 
 her. 
 
 Great indignation was expressed by the officers in general 
 at the base conduct of Capt. Elliott in neglecting to support 
 the Lawrence as he ought to have done. But understanding 
 that the Commodore desired to screen him, they forbore to 
 make any remarks publicly upon his conduct. The volunteers 
 in the fleet, however, not being actuated by the same motives 
 which induced those under Com. Perry s command to remain 
 silent, expressed their feelings without any reserve whatever. 
 At the close of the action, Capt. Elliott was on board of the 
 Somers, and behaved (as was reported by the officers and crew 
 of that vessel) in a manner totally unbecoming an officer, by 
 beating the Captain of the gun severely with a speaking trum 
 pet for his laughing while he, Capt. Elliott, dodged a shot. 
 
 On or about the 1st of October, 1813, while commanding 
 the U. S. Schooner Scorpion, on Lake St. Clair, Capt. Elliott 
 came on board : in the course of conversation the battle of 
 Lake Erie being introduced, he observed, " that the officers 
 and men of the Lawrence, including Com. Perry, were by no 
 means entitled to prize money ; and still further, that the 
 other officers and men of the squadron were even entitled to 
 prize money for her, she being a recaptured vessel." He also 
 observed, that in the action he was so far from the enemy that 
 he only fired his 12 pounders during two hours and a half; the 
 reason he assigned was, that he had no signal from the Com 
 modore to change his situation: complained much of Commo 
 dore Perry s injustice towards him, and said, " He only regret 
 ted that he had not sacrificed the fleet when it was in his power to 
 have done so, on that account" He also expressed sentiments to 
 that effect frequently afterwards at Buffalo, as I was informed 
 by the citizens, and Midshipman Senatt, who was present when 
 the observations were made. 
 
 (Signed) STEPHEN CHAMPLIN. 
 
 Copy of an Affidavit of Thomas Breese, Esq. Purser U. S. N. 
 who was stationed on the quarter-deck of the Lawrence during 
 the action of the 10th of Sept. 1813. 
 
 On the 10th of Sept. 1813, the action on Lake Erie com 
 menced by a firing from the enemy s flag-ship, on the Law 
 rence, about the distance of a mile. The signal was pre 
 viously made by Commodore Perry, for our vessels to engage as 
 
29 
 
 they came up, each against his opponent in the British line, de 
 signated ly the order of battle, which made the ship Queen 
 Charlotte the antagonist of the Niagara, commanded by Capt. 
 Elliott ; it being understood by the Commanders of the Ameri 
 can vessels, that it was the intention of Commodore Perry to 
 bring the enemy to close action as soon as possible. The 
 Lawrence immediately closed with the Detroit, and her ex 
 ample was gallantly followed by the Caledonia, Lieutenant Tur 
 ner, the Scorpion, and Ariel. Shortly after the commencement 
 of the battle, the enemy s ship, Queen Charlotte, made sail 
 and passed ahead of the opponent of the Caledonia, and 
 opened a destructive fire on the Lawrence, in conjunction with 
 the Detroit ; but the Niagara, from some mysterious cause, 
 remained in the position she held at the commencement of the 
 action. The conduct of Captain Elliott, in thus keeping his 
 vessel out of close action, was evidently the cause of the great 
 length of time the action lasted, and made the result, for a 
 time, doubtful. When the Niagara passed to windward of the 
 Lawrence, she appeared to have sustained little or no injury. 
 After the action closed, the censure on the behavior of Captain 
 Elliott was general and severe, not only by the officers of the 
 Lawrence, but those of the small vessels ; so much so, that 
 the officers did not hesitate to say, that Capt. Elliott must have 
 been actuated by cowardly or ambitious motives, until it was 
 made known, through Lieut. Turner, that it was the wish of 
 Commodore Perry to suppress any reports prejudicial to Capt. 
 Elliott. In conversation with some of the British officers, 
 some time after the action, I heard them give as a reason for 
 the Queen Charlotte s changing her position and firing upon 
 the Lawrence, was in consequence of the Niagara, Captain 
 Elliott, being at so great a distance, that the short guns of their 
 vessels could not be used with effect. It was reported, that 
 Captain Elliott, at the close of the action, behaved in an unoffi- 
 cer-like manner on board the schooner Somers, by beating a 
 Captain of a gun with a trumpet, for laughing as he dodged a 
 shot which passed over him from the enemy. It was the re 
 ceived opinion in the fleet, that the Niagara had but one or two 
 men wounded, on board of her, when Commodore Perry took 
 the command, and that she had sustained but slight injury pre 
 vious to that time. I frequently heard, after Commodore Per 
 ry left the station, that Captain Elliott, then in command, had 
 circulated reports, among the citizens as well as officers, re 
 specting the conduct of Commodore Perry immediately after 
 he got on board the Niagara, which were calculated to injure 
 Commodore Perry, and were honorable to himself. 
 
 Signed, THOS. BREESE. 
 
30 
 
 Copy of the Affidavit of Captain Thomas Brownell, Sailing Mas 
 ter of the United States Schooner Ariel, in the action of the Wth 
 September 1813. 
 
 In the action on the 10th of September, 1813, between the Ameri 
 can squadron, commanded by Commodore Perry, and the British, un 
 der Commodore Barclay, on Lake Erie, when we were about a mile 
 distant from the enemy he commenced firing. The signal was 
 made by Commodore Perry, " Engage as you come up, each vessel 
 against her opponent, as previously designated." The situation of the 
 Niagara should have been abreast of the Queen Charlotte, and as near 
 as she could get ; as, previous to the action, I had always understood 
 that it was Commodore Perry s intention to bring the enemy to close 
 quarters as soon as possible in case of an action. 
 
 The Lawrence went gallantly into close action, but the Niagara con 
 tinued to keep at a much greater distance astern than when the action 
 commenced. 
 
 The Queen Charlotte made sail soon after the action began and 
 closed with the Detroit, for the purpose of directing her fire at the 
 Lawrence in conjunction with the Detroit. The Niagara, by backing 
 her maintop sail and brailing up her jib, was not enabled to fire but at 
 long shots, with her bow guns, for a long time during the action. A 
 few minutes before Commodore Perry went on board the Niagara, she 
 ranged ahead of the Lawrence and to windward of her, bringing the 
 Commodore s ship between her and the enemy, when it was in Captain 
 Elliott s power to have passed to leeward and relieved the Lawrence 
 from the destructive fire of the Detroit and Queen Charlotte, the 
 wind being at that time S. E. and the American squadron steering 
 large, with the exception of the Lawrence, she being at that time en 
 tirely disabled and unmanageable. It was the opinion of the officers 
 and men of the squadron, that Captain Elliott did not do his duty on 
 the 10th of September, and that, had his conduct been that of a brave 
 man, there is no possible reason that can be given why his vessel was 
 not brought into close action with the British squadron long before 
 Commodore Perry went on board of her, she being equal in point of 
 sailing with the Lawrence. Great indignation was expressed by the 
 officers in general at the base conduct of Captain Elliott in neglecting 
 to support the Lawrence ; but understanding from Lieutenant Turner 
 that Commodore Perry wished to screen Captain Elliott, we forebore 
 to make any remarks publicly on his conduct. The Volunteers, how 
 ever, not being actuated by the same motives that induced those under 
 the command of Commodere Perry to remain silent, expressed their 
 feelings without any reserve whatever. At the close of the action, 
 Captain Elliott was on board of the schooner Somers, and behaved, as 
 I am told by the officers of that vessel, in a manner altogether unbe 
 coming an officer, by beating a Captain of a gun severely with a 
 speaking trumpet for laughing when he (Captain Elliott) dodged a 
 shot. 
 
31 
 
 He also arrested the commanding officer of that vessel (Sailing 
 Master Almy) for intoxication, and I have frequently been informed, 
 by the officers and men of that vessel, that he was in a perfect state of 
 sobriety, and did every thing that a brave man could do to destroy the 
 enemy. I was ordered to that vessel a few hours after the action and 
 found him perfectly sober, but his feelings much wounded by Captain 
 Elliott s false report. I was told by Lieutenant Champlin and others, 
 that Captain Elliott said he regretted he did not sacrifice the American 
 fleet, and that it was decidedly in his power to have done so. Captain 
 Elliott applied to me for a certificate of his conduct in that action ; I 
 told him I could not say any thing in his favor, and that I stood ready 
 at any time to give my sentiments before a Court of Investigation. 
 After the action, I was on board the Caledonia, when Captain Bignall 
 of the British Navy remarked, that had Captain Elliott belonged to the 
 British Navy, he would have been hanged. 
 
 Mr. Magrath, who signed a letter prejudicial to the character of 
 Captain Perry, told me, he would sacrifice his right arm if he could 
 withdraw his name from that paper. 
 (Signed) 
 
 THOMAS BROWNELL. 
 
 Copy of the Affidavit of Lieutenant William F. Taylor, Sailing 
 Master of the U. 8. brig Lawrence, in the action of the \.0th of Sept. 
 1813. 
 
 I am requested to state such facts as came within my knowledge re 
 lating to the battle on Lake Erie on the 10th of September 1813, at 
 which time I was Sailing Master on board the Lawrence. Our squad 
 ron was then laying in Put-in-Bay, with some small islands, of which 
 Snake Island was the chief, to the leeward. At day light, the enemy s 
 squadron was discovered in the N. W. from the mast head of the 
 Lawrence; when Commodore Perry immediately ordered the signal 
 made, to get under weigh. After we had got under weigh, he asked 
 me, if I thought we should be able to work out to windward of the 
 islands in time to gain the weather gage of the enemy. 1 replied, 
 that I did not think we could, the wind then being at S. W. and light. 
 The Commodore then said he would wear ship, and go to leeward of 
 the islands, as he was determined to bring the enemy to battle that day, 
 even if he gave them the weather gage. The wind, however, at this 
 time hauled to the southward and eastward, and enabled us to clear 
 the islands, and keep the weather gage. At 10 A. M. the enemy, de 
 spairing of gaining the wind, hove to in line, with their heads to the 
 westward, at about three leagues distance ; the wind then about S. E. 
 and a light breeze. The signal to prepare for action was made from 
 the Lawrence, at a quarter before meridian. The enemy s flag ship 
 fired a single shot at the Lawrence. Signal was made for each vessel 
 
32 
 
 to engage her opponent, as designated in previous orders ; which made 
 the Lawrence opposed to the enemy s new ship Detroit, and the Nia 
 gara to the Queen Charlotte. Commodore Perry then ordered the 
 word passed by trumpet, through Captain Elliott, for the American 
 squadron to close up, as before prescribed, which was at half cable s 
 length distance. At meridian, finding the enemy within reach of our 
 carronades, opened our fire, and continued neanng them until within 
 cannister range, and were gallantly supported by the Caledonia, Lieu 
 tenant Turner, and by the Ariel and Scorpion, both on our weather 
 bow. Shortly after the action commenced, I observed the Niagara to 
 be a considerable distance astern, with her main topsail to the mast, 
 and her jib brailed up : and I am strongly impressed with the belief, 
 that her top gallant sails were never set until Commodore Perry went on 
 board of her, after the Lawrence had been disabled. Once or twice 
 during the engagement I asked Captain Perry if he observed the con 
 duct of that ship, and the different conduct of the Caledonia. The 
 enemy s ship, Queen Charlotte, taking advantage of the great distance 
 at which the Niagara kept herself, closed with the Detroit, and opened 
 her fire in concert with that ship upon the Lawrence, which proved so 
 destructive that, by half past one o clock, P. M. we were completely 
 disabled, and our decks covered with killed and wounded : but the an 
 imating exertions of Captain Perry kept alive the spirits of the small 
 remnant of our crew, and the action was continued until only one gun 
 could be fired, at which Captain Perry assisted himself. He then de 
 termined to quit the Lawrence, and take command of the Niagara, 
 which ship he observed did not appear to be much injured. The 
 American flag, he said, should not be hauled down from over his head 
 on that day. At the time of Captain Perry s leaving the Lawrence, 
 the Niagara was passing our larboard beam, at from a quarter to half 
 a mile s distance ; leaving the Lawrence between that ship and the 
 enemy. The Caledonia at the same time passing our starboard beam, 
 and between us and the enemy. I anxiously watched the course of 
 our noble commander, after he left the Lawrence for the Niagara. 
 The enemy had discovered his design, and directed their fire at the 
 boat he was in. He however remained standing up in her stern, until 
 the entreaties of the men prevailed upon him to sit down. I learnt 
 afterwards, that they had implored him with tears not to expose him 
 self as a mark for the enemy s fire ; and finally declared, that they 
 would lay on their oars, unless he sat down. It was a considerable 
 time, with all the exertions of the boats s crew, before Captain Perry 
 could come up with the Niagara. When he did get on board that ship, 
 he immediately brought her into action ; and passing through the ene 
 my s squadron, poured into them a tremendous fire from both sides. 
 In a few minutes, the enemy s vessels surrendered to him, and struck 
 their colors, except two small vessels, which attempted to escape, but 
 were pursued and captured. 
 
 I had assisted in the equipment of the Niagara, as well as the Law 
 rence. The former ship was in all respects fully equal to the latter, in 
 size in number, weight, and description of guns in rigging and 
 equipment, and in point of sailing. Before Captain Elliott arrived on 
 
33 
 
 Lake Erie, the Niagara was commanded by Lieutenant Turner, and 
 the squadron had already been out one cruise, manned chiefly with 
 volunteer militia. Captain Elliott brought up with him from Ontario 
 from 90 to 100 prime men ; the chief part of which he took on board 
 the Niagara, which ship was much better manned than the Lawrence ; 
 a great proportion of whose crew was on the sick list, and most of the 
 remainder not effective men ; consisting chiefly of volunteer militia of 
 all descriptions, and exhausted by previous exertions. I was on board 
 the Niagara, when Captain Elliott took command of her, and when 
 that part of her crew which came from the Ontario first came on board, 
 and I observed that as they came alongside in their boats, he called 
 out from among them the men previously designated for the different 
 posts and stations about the ship and tops ; so that it appeared that his 
 men were already selected. This occasioned my observing to Com 
 modore Perry, that the different vessels of the squadron were very un 
 equally manned, in consequence of so great a proportion of the ef 
 fective men being engrossed by the Niagara alone. He did not think 
 proper, however, to make any alteration. All necessary orders pre 
 vious to the engagement were distinctly given in writing, and put into 
 the hands of each commander ; and the last words of Commodore 
 Perry, to all the officers assembled on the eve of the battle, (as was re 
 lated to me at the time) were, that he could not advise them better 
 than in the words of Lord Nelson " If you lay your enemy alongside, 
 you cannot be out of your place" After the firing had commenced 
 on the part of the enemy, at about a mile s distance, Commodore Per 
 ry gave an order by trumpet for the vessels astern to close up in the 
 line, The Niagara was then near enough to the Lawrence to receive 
 and pass this order. I do not think she was, during the engagement, 
 much nearer to the enemy than she then was, until brought into ac 
 tion by Commodore Perry. It was generally understood, that one or 
 two only of her men had then been wounded. If it had been the de 
 sire of the commander of the Niagara to have joined in the action, 
 and engaged the Queen Charlotte, as ordered, I know of no cause 
 which could have prevented his so doing. The wind, though light, 
 10 as favorable, and there was as much of it for the Niagara as for the 
 Lawrence. It was the general opinion of the officers after the battle, 
 that had the Niagara followed the example of the Lawrence, the ene 
 my would havo been compelled to surrender in a much shorter time, 
 and with much less loss on our side. So much indignation was excited by 
 the conduct of the Niagara, that even the seamen broke out in open 
 murmurs : but Commodore Perry requested the officers to silence eve 
 ry complaint against Captain Elliott, saying, that sufficient honor had 
 been gained for all ; and he was desirous that the public attention 
 might not be attracted to any differences in the fleet. His official ac 
 count, when read at Erie, gave much dissatisfaction to most of the of 
 ficers. They thought Captain Elliott too honorably mentioned in it. 
 (Signed) W. V. TAYLOR, 
 
 Lieut. U. S. N, 
 4 
 
34 
 
 Extracts from the official letter of Commodore Barclay, Commander of 
 the British fleet on Lake Erie, respecting the action of the Wth Sep 
 tember, 1813, taken from Niles Weekly Register , vol. 6, pp. ISO, 1-81, 
 copied from " The second supplement to London Gazette" of Tues 
 day, February 8th, 1814. 
 
 " At a quarter before 12 I commenced the action by a few long 
 guns ; about a quarter past, the American Commodore, also support 
 ed by two schooners, one carrying four long 12 pounders, the other a 
 long 32 and 24 pounder, came close to action with the Detroit The 
 other brig of the enemy, apparently destined to engage the Q,ueen Char 
 lotte, supported in like manner by two schooners, kept so far to 
 windward as to render the Queen Charlotte s 20 pounder carronades 
 useless." 
 
 " The action continued with great fury until half past two, when I 
 perceived my opponent drop astern, and a boat passing from him to the 
 Niagara (which vessel was, at this time perfectly fresh.) The American 
 Commodore, seeing that, as yet, the day was against him, (his vessel 
 having struck soon after he left her,) and also the very defenceless 
 state of the Detroit, which ship was now a perfect wreck, principally 
 from the raking fire of the gun boats ; and also, that the Queen Char 
 lotte was in such a situation that I could receive very little assistance 
 from her, and the Lady Provost being, at this time, too far to leeward, 
 from her rudder being injured, made a noble and, alas ! too successful 
 an effort to regain it, for he bore up, and, supported by his small ves 
 sels, passed within pistol shot, and took a raking position on our bow." 
 
35 
 
 There are many other documents in corroboration of the pre 
 ceding charges within the control of the relations of the late 
 Commodore Perry, but they have concluded to publish only the 
 evidence of those Officers who are, at present, living and in 
 the United States ; and, in adherence to this determination, the 
 evidence of Lieutenants PACKETT and YARNALL, (deceased,) 
 one commanding the schooner Ariel, the other 1st Lieutenant 
 of the Lawrence, have been withheld. 
 
 In regard to the evidences adduced by Capt. Elliott, it may 
 not be improper to state, that Lieutenants Smith and Edwards, 
 and Purser Magrath, are deceased ; Lieutenant Conklin and 
 Mr. S. Wardvvell Adams, are no longer in the Navy. There 
 was no officer, in the American fleet, by the name of W. 
 Nicholls. 
 
The following is a list of the Officers, and where sta 
 tioned, whose testimony is published in the preceding 
 pages. 
 
 Lieut. Com. Daniel Turner, commanding U. S. schr. 
 Nonsuch, New Orleans station. 
 
 Lieut. Thomas Holdup Stevens, New York station. 
 
 Lieut. Dulany Forrest, Navy Yard, Washington. 
 
 Lieut. Wm. V. Taylor, Newport station. 
 
 Lieut. Stephen Champlin, Newport station. 
 
 Thomas Breese, Esq. Purser U. S. frigate Constitu 
 tion. 
 
 Dr. Usher Parsons, Boston station. 
 
 Capt. Thos. Brownell, commanding a merchant ves 
 sel out of Bristol, Rhode Island. 
 
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