Cooper, the ablest of Elliott's champions, has insisted so strongly upon the obligation of keeping the station in the line, as laid down, that it is necessary to examine the facts in the particular case. He rests the certainty of his contention on general principles, then long exploded, and further upon a sentence in Perry's charges, preferred in 1818, that "the commanding officer [Perry] issued, 1st, an order directing in what manner the line of battle should be formed ... and enjoined upon the commanders to preserve their stations in the line" thus laid down.[87] This is correct; but Cooper omits to give the words immediately following in the specification: "and in all cases to keep as near the commanding officer's vessel [the "Lawrence">[ as possible."[88] Cooper also omits that which next succeeds: "2d, An order of attack, in which the 'Lawrence' was designated to attack the enemy's new ship (afterwards ascertained to have been named the 'Detroit'), and the 'Niagara' designated to attack the 'Queen Charlotte,' which orders were then communicated to all the commanders, including the said Captain Elliott, who for that purpose ... were by signal called together by the said commanding officer ... and expressly instructed that 'if, in the expected engagement, they laid their vessels close alongside of those of the enemy, they could not be out of the way.'"[89] An officer, if at once gallant and intelligent, finding himself behind a dull sailing vessel, as Cooper tells us the "Caledonia" was, could hardly desire clearer authority than the above to imitate his commanding officer when he made sail to close the enemy:—"Keep close to him," and follow up the ship which "the 'Niagara' was designated to attack."

Charges preferred are not technical legal proof, but, if duly scrutinized, they are statements equivalent in value to many that history rightly accepts; and, at all events, that which Cooper quotes is not duly scrutinized if that which he does not quote is omitted. He does indeed express a gloss upon them, in the words: "Though the 'Niagara' was ordered to direct her fire at the 'Queen Charlotte,' it could only be done from her station astern of the 'Caledonia,' ... without violating the primary order to preserve the line."[90] This does not correctly construe the natural meaning of Perry's full instructions. It is clear that, while he laid down a primary formation, "a line of battle," he also most properly qualified it by a contingent instruction, an "order of attack," designed to meet the emergency likely to occur in every fleet engagement, and which occurred here, when a slavish adherence to the line of battle would prevent intelligent support to the main effort. If he knew naval history, as his quotation from Nelson indicates, he also knew how many a battle had been discreditably lost by "keeping the line."

With regard to the line, however, it is apt to remark that in fleet battle, unless otherwise specially directed, the line of the assailant was supposed to be parallel to that of the defence, for the obvious reason that the attacking vessels should all be substantially at the same effective range. This distance, equal for all in fleets as usually constituted, would naturally be set, and in practice was set, by the commander-in-chief; his ship forming the point through which should be drawn the line parallel to the enemy. This rule, well established under Rodney, who died in 1792, was rigidly applicable between vessels of the same force, such as the "Lawrence" and "Niagara;" and whatever deductions might be made for the case of a light-framed vessel, armed with long guns, like the "Caledonia," keeping out of carronade distance of an opponent with heavy scantling, would not in the least apply to the "Niagara." For her, the standard of position was not, as Cooper insists, a half-cable's length from her next ahead, the "Caledonia;" but abreast her designated opponent, at the same distance as the "Lawrence" from the enemy's line. Repeated mishaps had established the rule that position was to be taken from the centre,—that is, from the commander-in-chief. Ships in line of battle, bearing down upon an enemy in like order, did not steer in each other's wake, unless specially ordered; and there is something difficult to understand in the "Niagara" with her topsail sharp aback to keep from running on board the "Caledonia," although the fact is in evidence. The expression in Perry's report of the action, "at 10 A.M. ... formed the line and bore up," would by a person familiar with naval battles be understood to mean that the line was first formed parallel to the enemy, the vessels following one another, after which they steered down for him, changing course together; they would then no longer be in each other's wake, but in echelon, or as the naval phrase then went, in bow and quarter line. Barclay confirms this, "At 10 the enemy bore up under easy sail, in a line abreast."[91] Thus, when the distance desired by the commander-in-chief was reached,—a fact more often indicated by his example than by signal,—the helm would bring them again in line of battle, their broadsides bearing upon the enemy.

The technical point at issue is whether Perry, finding the long-gun fire of the "Detroit" more destructive than he had anticipated, and determining in consequence to shorten the period of its duration by changing his original plan, increasing sail beyond the speed of such slower vessels as the "Caledonia," had a right to expect that his subordinates would follow his example. In the opinion of the writer, he had, in the then condition of the theory and practice of fleet battles; his transfer of his own position transferred the line of battle in its entirety to the distance relative to the enemy which he himself was seeking to assume. Were other authority lacking, his action was warrant to his captains; but the expression in his report, "I made sail, and directed the other vessels to follow, for the purpose of closing with the enemy," causes increased regret that the exact facts were not ascertained by cross-examination before a Court-Martial.

Elliott's place therefore was alongside the "Queen Charlotte," so to engage her that she could attend to nothing else. This he did not do, and for failure the only possible excuse was inability, through lack of wind. The wind was light throughout, yet not so light but that the "Lawrence" closed with the "Detroit," and the "Queen Charlotte" with her flagship when she wished. None of Elliott's witnesses before the Court of Inquiry state that he made sail before the middle of the action, but they attribute the failure to get down to the lightness of the wind. They do state that, after the "Lawrence" was disabled, a breeze springing up, sail was made; which indicates that previously it had not been. Again, it is alleged by the testimony in favor of Elliott that much of the time the maintopsail was sharp aback, to keep from running into the "Caledonia;" a circumstance upon which Cooper dwells triumphantly, as showing that the "Niagara" was not by the wind and was in her place, close astern of the "Caledonia." Accepting the statements, they would show there was wind enough to fan the "Niagara" to—what was really her place—her commodore's aid; for in those days the distance between under fire and out of fire for efficient action was a matter of half a mile.[92] Perry's formulated charge, addressed to the Navy Department, and notified to Elliott, but never brought to trial, was that when coming into action an order was passed by trumpet for the vessels astern to close up in the line; that a few moments previously to the enemy's opening fire the "Niagara" had been within hail of the "Lawrence," and nevertheless she was allowed to drop astern, and for two hours to remain at such distance from the enemy as to render useless all her battery except the two long guns. Perry himself made sail at the time the hail by trumpet was passed. The "Niagara" did not.

There is little reason for doubt that the tenor of Perry's instructions required Elliott to follow the "Queen Charlotte," and no doubt whatever that military propriety imperiously demanded it of him. The question of wind must be matter of inference from the incidents above stated: the movement of the "Lawrence" and "Queen Charlotte," and the bracing aback of the "Niagara's" topsail. A sentence in Perry's report apparently, but only apparently, attenuates the force of these. He said, "At half-past two, the wind springing up, Captain Elliott was enabled to bring his vessel, the 'Niagara,' gallantly into close action." Alluding to, without insisting on, Perry's subsequent statement that he endeavored to give as favorable a color as possible to Elliott's course, it is clear enough that these words simply state that Captain Elliott at 2.30 reached the range at which the "Lawrence" had fought since a little after noon.

Quitting now the discussion of proprieties, the order of events seems to have been as follows: Perry having taken the initiative of bearing down, under increased sail, Elliott remained behind, governed by, or availing himself of—two very different motives, not lightly to be determined, or assumed, by the historian—the technical point, long before abandoned in practice, that he could not leave his place in the line without a signal. Thus his action was controlled by the position of his next ahead in the line, the dull-sailing "Caledonia," a vessel differing radically from his own in armament, having two long and for that day heavy guns, quite equal in range and efficiency to the best of the "Detroit's,"[93] and therefore capable of good service, though possibly not of their best, from the distance at which Perry changed his speed. Elliott's battery was the same as Perry's. He thus continued until it became evident that, the "Queen Charlotte" having gone to the support of the "Detroit," the "Lawrence" was heavily overpowered. Then, not earlier than an hour after Perry bore down, he realized that his commander-in-chief would be destroyed under his eyes, unless he went to his support, and he himself would rest under the imputation of an inefficient spectator. He ordered the "Caledonia" to bear up, in order that he might pass (position 3; C1, C2). Though not demonstrably certain, it seems probable that the wind, light throughout, was now so fallen as to impede the retrieval of his position; the opportunity to close, used by Perry, had passed away. At all events it was not till between 2 and 2.30 that the "Niagara" arrived on the scene, within effective range of the carronades which constituted nine tenths of her battery.

With this began the second stage of the battle (3). Perry's bearing down, receiving only the support of the long guns of the "Caledonia" and of the schooners ahead of him, had brought the "Lawrence" into hot engagement with the "Detroit," supported a half hour later by the "Queen Charlotte." By a little after two o'clock both flagships were well-nigh disabled, hull and battery; the "Lawrence" most so, having but one gun left out of ten on the broadside. "At 2.30," wrote Barclay, "the Detroit was a perfect wreck, principally from the raking fire of the gunboats." Which gunboats? Evidently the "Ariel" and "Scorpion," for all agree that the rear four were at this hour still far astern, though not absolutely out of range. To these last was probably due the crippling of the "Lady Prevost," which by now had gone to leeward with her rudder injured. Up to this time, when the first scene closed, what had been the general course of the action? and what now the situation? Assuming, as is very probable, that Barclay did not open with his long 24's until Perry was a mile, two thousand yards, from him,—that distance requiring six degrees elevation for those guns,—an estimate of speeds and courses, as indicated by the evidence, would put the "Lawrence" in action, at two hundred and fifty yards, at 12.10. This calculation, made independently, received subsequent confirmation in consulting Barclay's report, which says 12.15.[94] The same time, for the duller "Caledonia" and the "Niagara," would place them one thousand yards from the British line. This range, for the 32-pounder carronades of the "Niagara," and the 24's of the "Queen Charlotte," required an elevation of from four to six degrees. Coupling this with the British statement, that the carronades of the "Charlotte" could not reach the "Niagara," we obtain probable positions, two hundred and fifty yards and one thousand yards, for the principal two American vessels at quarter-past noon.

From the general lightness and occasional failure of the wind up to 2 P.M., it is more than likely that no great change took place before that hour. What air there was might touch all alike, but would affect least the "Lawrence," "Detroit," and "Queen Charlotte," because their sails were being rent; and also they were in the centre of the cannonade, which is believed usually to kill the breeze. The tendency of the "Caledonia," "Niagara," and American vessels in rear of them, between 12.30 and 2 P.M., during which period, to use Barclay's report, "the action continued with great fury," would therefore be to approach slowly the scene where the "Lawrence," supported by the long guns of the "Ariel," "Scorpion," and "Caledonia," maintained the day against the "Detroit" and "Queen Charlotte," backed by the schooner "Chippewa" and the 6 and 4 pounder pop-guns of the "Hunter." How near they drew is a mere matter of estimate. Taking all together, it may be inferred that the "Niagara" had then been carried as close as five hundred to six hundred yards to the British line, but it would appear also towards its rear; rather, probably, that the British had advanced relatively to her, owing to her course being oblique to theirs.

The situation then was as follows: The "Lawrence," disabled, was dropping astern of the "Detroit," "Queen Charlotte," and "Hunter." More than half her ship's company lay dead or wounded on her decks. Her loss, 83 killed and wounded out of a total of 142,—sick included,[95]—was mostly incurred before this. With only one gun left, she was a beaten ship, although her colors were up. The "Detroit" lay in the British line almost equally mauled. On her lee quarter,—that is, behind, but on the lee side,—and close to her, was the "Queen Charlotte." Her captain, second to Barclay, had been killed,—the first man hit on board,—and her first lieutenant knocked senseless; being succeeded in command by an officer whom Barclay described as of little experience. The first lieutenant of the "Detroit" was also wounded mortally; and Barclay himself, who already had been once hit in the thigh, was now a second time so severely injured,—being his eighth wound in battle, though now only thirty-two,—that he was forced at this critical instant to go below, leaving the deck with the second lieutenant. The "Hunter" was astern of her two consorts. The "Lady Prevost," fifth in the British order, had fallen to leeward with her rudder crippled. The position of the leading and rear British schooners is not mentioned, and is not important; the reliance of each being one long 9-pounder gun.