Mr. Fox to Mr. Forsyth.
WASHINGTON, February 6, 1838.
Hon. JOHN FORSYTH, etc.
SIR: With reference to the letters which, by direction of the President, you addressed to me on the 5th and 19th ultimo, respecting the capture and destruction of the steamboat Caroline by a Canadian force on the American side of the Niagara River, within the jurisdiction of the State of New York, I have now the honor to communicate to you the copy of a letter upon that subject which I have received from Sir Francis Head, lieutenant-governor of the Province of Upper Canada, with divers reports and depositions annexed.
The piratical character of the steamboat Caroline and the necessity of self-defense and self-preservation under which Her Majesty's subjects acted in destroying that vessel would seem to be sufficiently established.
At the time when the event happened the ordinary laws of the United States were not enforced within the frontier district of the State of New York. The authority of the law was overborne publicly by piratical violence. Through such violence Her Majesty's subjects in Upper Canada had already severely suffered, and they were threatened with still further injury and outrage. This extraordinary state of things appears naturally and necessarily to have impelled them to consult their own security by pursuing and destroying the vessel of their piratical enemy wheresoever they might find her.
I avail myself of this occasion to renew to you the assurance of my high respect and consideration.
H.S. FOX.
TORONTO, UPPER CANADA, January 8, 1838.
His Excellency HENRY S. FOX,
Her Majesty's Minister, Washington.