DEPARTMENT OF STATE,

_Washington, February 13, 1838_.

HENRY S. FOX, Esq., etc.

SIR: I have the honor to acknowledge the receipt of your note of the

6th instant, communicating a copy of a letter from Sir Francis Head,

lieutenant-governor of the Province of Upper Canada, 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, together with the reports and depositions thereto

annexed.

The statement of the facts which these papers present is at variance

with the information communicated to this Government respecting that

transaction; but it is not intended to enter at present upon an

examination of the details of the case, as steps have been taken to

obtain the fullest evidence that can be had of the particulars of the

outrage, upon the receipt of which it will be made the subject of a

formal complaint to the British Government for redress. Even admitting

that the documents transmitted with your note contain a correct

statement of the occurrence, they furnish no justification of the

aggression committed upon the territory of the United States--an

aggression which was the more unexpected as Sir Francis Head, in his

speech at the opening of the parliament of Upper Canada, had expressed

his confidence in the disposition of this Government to restrain its

citizens from taking part in the conflict which was waging in that

Province, and added that, having communicated with the governor of

the State of New York and yourself, he was then waiting for replies.

It is not necessary to remind you that his expectations have been met by

the adoption of measures on the part of the United States as prompt and

vigorous as they have been successful in repressing every attempt of

the inhabitants of the frontier States to interfere unlawfully in that

contest. The most serious obstacle thrown in the way of those measures

was the burning of the _Caroline_, which, while it was of no service

to Her Britannic Majesty's cause in Canada, had the natural effect of

increasing the excitement on the border, which this Government was

endeavoring to allay.

I avail myself of this occasion to renew to you the assurance of my

distinguished consideration.

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