The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-06-13

terfere in the case on his account, we
stated in our last issue that s'on inquiry
" it will be ascertained that McClenlan
4" has resided in Kemper county probably
d" twenty years or more; that he was
. there before, during and since the war
q that he had lost his quality of British
4" subject, if he was ever one, by chang
- ing his domicile, and fixing his resi-
@ dence permanently in this country,
- with no intention whatever of ever liv
g ing again in the country of his birth.
:" That he followed his occupation in this
q country, and here made his living, ac
"quired property, enjoyed the protection
q OF its laws and recognized his respon-
g sibiity to them to this country, as any
- native born citizen would have done. J"
TO avoid the possibility of error, We have
taken occasion to verify this statement,
and have ascertained from an indubitable
source that we were entirely correct, and
that there are other facts connected with
McClenlan's residence in this county
showing that by his voluntarily expatri-
ating himself from the country of his
nativity he had lost all right to be con-
sidered a citizen of the latter and had
absoIyed it from the duty of protecting
him in life, or concerning itself about the
causes of his death and the trial of the
persons by whom he was killed.
McClenlan (Angus was his given
nance was born in Scotland in 1917
Tie came with his parents to Nova Scotia
in 1919. Thence he removed to Maine
in 1913; thence to Mobile, Alabama in
1919. He came to live in Kemper
county, Mississippi, in 1865, just twenty
two years ago, and resided there until
his death in the memorable affair Of the
18th of April. As evidence that he had
established his domicile permanently in
Kemper county was his purchase Of a
tract of land consisting of 100 acres; a
house and lot in kemper, which he occu-
pied as his residence in DekaIb a work
shop; Il half interest III Il water grist
mill, and cotton gin and press, and 80
acres On which this property was situated
besides personal property amounting
in value to 81 ,845. Though he was never
naturalized, nor exercised the privilege
of suffrage, all his acts proved that he
never intended to reside in Great Britain
and that he intended 10 remain per-
manentIy in this country 1t is we'll
known that when the war commenced
notification was given to all temper
airy residents claiming foreign allie
glance that they were exempt from
military and civil service, and were
at liberty to leave the country. Nc
Clenlan never asserted such claim,
but volunteered for a short term in the
military service, and on his Own applica-
ton was assigned to the Confederate
workshops at Mobile, and continued in
that branch of the Confederate service
until the war closed, when he returned
to his abode in Kemper county.
Now, apply foregoing facts to the
Public Law as laid down by Daniel
Webster, Secretary of State, in answer
to Il resolution Of the House of Represen-
tatives in 1851, concerning tie case of j.
S. Thrasher, who was arrested and i'm
prisoned by the Spc nish government in
Cubs, and for whose liberation the inter-
ference of this government was invoked,
which application was refused, and
the preposterousness of the pretention
that McClenlan had not forfeited his
claim to protection as British subject,
will be readily seen.
Mr.. Webster said:
The general rule of public law is that
every person of full age has 4 right
TO change his domicile, and it follows that
when lie removes to 2nother place 1cith The
intention TO make that place MS PtrHanHent, or
his residence for an itdeHntte period, IL becomes
instQItfg his place OF d0micIe, and this is so
notwithstanding he may entertain floating
intratioJ. of returning to his original resi-
dence or. citizenship IA some future time.
The Supreme Court OF the L. =, has decided
that IA person who removes to u foreign
V.
the trade or the country, furnishes by these
acts such evidences of an intention ,perma-
nentIy To reside in that country, as to stamp
him with its RdtiOEal chardcter.' In
questions on this subject, the chief point 10
be considered is the dninfUS HdReHd{ or in
tention of continued residence. and this he
decided by reasonable rules and the general
principles of evidence"
On the subject of McClenlan's British
citizenship, and the plot of partisan
mischief-workers to involve our govern
mens IN trouble with the English govern
ment on that score, nothing further need
be said at present. 1t need only tG lie
&dded that we have the authority of the
Sheriff of kempev county for saying
that McClenlan was volunteer in the
Kemper affair; that the Sheriff and
other citizens admonished and urged him
time and again, early in the action, to
pledged him that he would not be mo-
Tested, but he DECLINED to do so, and
became involved IN the altereation that
resulted unfortunately in his death. 1t
is due to his memory to say that he was
personally brave, honest in his dealings,
and unhinchingly faithful to his friends.
CHIEF JCsTICE WAITE in his charge
to the Ellenton jury said That num-
q Der of citizens of the United States
g had been killed there can be no ques-
g ton, bat that is pot enough to enable
g the Government Of the United States
q to interfere for their protection. Under
. the Constitution that duty belongs to