The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-10-01
It)s Rnnulrer.
RICHMOND. oC roBER /, 1871.
CASE oRIAMEs MCCLURE.


CASE Of JAMES MCCLURE.
The Case OF this nan has made d good
deal OF Stir IN the u. States and has late
ly been revived by letter. from a Mr..
John Rodman. dated Paris, 4th Ju!v 1911.
and addressed TO the Editor OF the " United
States Gazette" The facts appear TO be
these:
James Mcclure was born in the U. S. on
the 2lst OF April 1875 months after
ms birth, (that is. on the 2Oth Feb 1896
his father was duly naturalized, under The
laws OF the State Of South Carolina. The
son remained in the u $, until the year 1895
when'he was sent TO England for his edu
cation. He has not since returned to this
country; but resided for some years in Eng.
land, ADD then made trip to n 4 and aud
other partsef the continent.-His ather also
has LETT the ". y. udreturned ~ his native
country; U. Britain. Some time in The
year 1907. Mr. James Mcclure dispatched
from England he famous ship Horizon. des-
tined TO Lima which was wrecked on the
rocks oil Moriaix. and as is generally known.
was the very first case in which the Berlin
Decree was put into execution AGAINST the
u. S-Mr Nice. went TO France, to reclaim
the property nf the ship Carving with
him Passport from ne American Minis
ter in London confessmg nim to be native
citizen of the u. ). On the 18th April.
1910 an ord'r vas issued by tn Minister of
War, directing, that, in conseou nee of IN
formation to (nIm) from the minis, sr o. sc
neral police, aud which he has received from
nc Minister Penipotentiary of the u :, ates''
Mr. J. Mc.C, should be detained IN France
" as an HnSHSh prisoner OF France " Ac.
cordiDgly he was arres-ed a. L'Oueat-.
SEM under parole, and placed under sur
UeiLance ct Tours. Gcn. Armstrong would
not interfere in his b.hAlf--on The ton
March, 1910 he writes him that the c.fti-
hCates Of his fathers naturalization. ard OF
ms own birth and bsptia,n, were no. sufTici
.ent they ONLY prove that his father - an
American Citizen, and tbathe himself was
born in be u ) and th.g sAe evidence hat
,.wlll reach the case and Substantive (hisl
> claim. IS certificate c0pysof the act of S
Carolina. narurahzing (hisl father, prayi-
: ded mat act naturalizeS also the children
r OF (his} father born befoEe its own date"
Mr. Rodman afserw aids me+swith Mr. Nc.
ClWe al Tours, and being .yiched witt MS
sitHsuon, de ermined 20 inseFcede with Gen.
A en- his Re turn to ParfsS the general
was however abou 70 Ieaye lPfance--and
MIR X. though fit to address himself to MIR
Russell, Charge d'affaires at Paris. IL re
PLY, Mr.. X tells him that g Mr. Nice
must CLAIM 70 be citizen ofthe y. States
either under law thereof or uuder law
OF the state OF S., Carolina tina, Gen. A. not
nsidering the Lazy ot the u D. to embrace
The case otnM, MIR. Nice required that he
should show elmselt TO be WITHIN the proyt-
SONS It ne stqfe statute: nat the words if
dwethnSm Inc u appear to occasion the
wools flthcutty IN deciding IN the rights II
Air. Mc,C. SIS his dwelling Continues Mr.
X 10 be At the time of tRe NATURALIZATION
81 he father, at or after passing the Law,
o. he, time OF claiming TO be Considered A
citizen Gen. Armstrong, il seems, decided
,ga Rst tine first, and the two last are, con
clus's eagainsi Mr. Nc Clure, As I act
undes Gen 4 in this legation, it is not
competent ~ yet TO admit appeals from his
Judgement Rodman alsa applied 10
Mr.. Nc Rae, our Cqasul in Paris, to whose
department the granting of passports had
been transferred---their correspondence went
oil upon subordinate poInt, which il no,
IS necessary TO state-It IS certain, these APP
plications did no good 10 M. Nc G. who VET
remains perhaps uuderSur1eiIance at Tours.
la my judgement, how yer, our niniste7
has erred in his decisinn--aud Mr. MIC, Clure
ought TO have been held as a Citizen Of the
U. ,. M .rls We are not CONSIDERING ,yha,
the law ought 80 be but what il fs--It
the case OF Mr., lecture comes within any
OF the y. ). Acts. is the 4tn Section ofthr Al
of April, 1sO2-which Is in these words
The chldreg Of persons duly natu, allied
under any Vi the Jaws OF che United States.
or WHO previous to the passing Of any law on
that subject, by tbe government of the q. y
ma have become citizens Of an, one If ,he
said states, under me kazos thereof being
uader the age OF twenty one years, at the
time OF ther parsnPs being so na,ural;zrd
or admitted to he rights Of ciiizenship
shat, II dUehiJg ~ tie T.. ). be Considered
as Citizens Of the y states and the chill
d en- OF persons who nnw are, or have been
ci.Izens of he U0ited States, shall, though
born out Of the limits and jurisdiction of the
u 5. be Considered as citizens of the u
States; ProUded, that the right of Gil
zcnship shall uoS descend to persons whose
fathers have never resided within tAe u
States, &c. &c"
And now, what is the case of James
MEG?
His father was citizen Of the state al
, Carolina, before any act was passed By
the United States CD that subject"
James Nice. Is thea the child Of a oat
ralzsd cjuzga-A4lc was uhdcr the aOa 81