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_.
SIR: I have the honor to inclose you the copy of a special message sent
by His Excellency Governor Marcy to the legislature of the State of New
York, in relation to a matter on which your excellency will desire the
earliest and most authentic information. The message only reached this
place yesterday, and I lose no time in communicating with your
excellency on the subject.
The governor of the State of New York complains of the cutting out
and burning of the steamboat _Caroline_ by order of Colonel McNab,
commanding Her Majesty's forces at Chippewa, in the Province of Upper
Canada, and of the destruction of the lives of some American citizens
who were on board of the boat at the time she was attacked.
The act complained of was done under the following circumstances:
In Upper Canada, which contains a population of about 450,000 souls, the
most perfect tranquillity prevailed up to the 4th day of December last,
although in the adjoining Province of Lower Canada many of the French
Canadian inhabitants had been in open rebellion against the Government
for about a month preceding.
At no time since the treaty o
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