The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-06-06
McCIenIan ga British Cftfzen's..-
Another PhnSe Of the
kemper Affair.

case SO far as to cause an official inquiry
into the matter at the instance of Her
Majesty's representatives to the United
States. The delicious bit of intelligence
was whispered into the ear Of Mr.
Smally, the \. Y. Times correspondent,
who, it appears, lost no time in COM
municating it to the British authorities,
and they in. turn called the attention of
the Secretary Of State, Mr.. Evarts, to
the subject. Mr.. Evarts has communi-
Gated with the Attorney General who
has instructed Hon. Luke Lea, u. S.
District Attorney, to make the necessary
inquiries concerning McClenlan, in an
swer to the request of the British Minis
ter.
1t will be found, OH investigation, that
the mischief workers have magnifed a
very diminutive molehill into a mountain;
that they have blown up very consid-
cradle bubble, which will vanish as soon
az pricked, and that their reward for
their trouble will be the pains they have
taken in getting up an affair which will
amount to nothing. On inquiry it will
be ascertained that McClenlan has resided
in Kemper county probably twenty years
or more that he was there before, dur
ing and since the war that he had lost
MS quality of British subject, if he was
ever one, by changing his domicile, and
fixing his residence permanently in this
country, with no intention whatever of
ever living again in the country of his
birth That he followed his occupation
in this country, and here made his liv
ing, acquired property, enjoyed the pro-
lection of its laws and recognized his
responsibility to them to this country, as
any native-born citizen would have done.
According to the public law as ex-
pounded by Mr. Webster, Secretary of
State, in answer to a resolution Of the
House Of Representatives in 1851, con
corning the case of j. S. Thrasher, his
allegiance to the country of his birth had
ceased, and he could not have been en-
titled to Its protection.
Mr.. Webster said
The general rule of public law is that
every person person of full age has right
to change his domicile, aud it follows that
when he removes to another place Nth The
intention TO make ttdt place his pernldHence or
his residence FOR an lHdeaHHe period, becomes
instantly his place Of dDDglct(e, and this Is so
notwithstanding he may entertain floating
intention of returning to his original resi-
hence or citizenship at some future time.
The Supreme Court OF the L. ). has decided
that "a person who removes TO foreign
country, settles himself there, and engages in
the trdde Of ne country, furnishes by these |
acts such evidences of an intention perma- |
nenty to reside in that country, as 10 stamp |
him Nth its national chardcter.' In |
questions on this subject, the chief point to
be considered is the minus llanendt or in !
tention OF continued residence. and this he |
decided by reasonable rules and the general |
principles of evidence"
Applying these principles to the case of |
Thrasher, former citizen of the United |
States, who had taken up his abode in
Cuba and engaged in business in that
country Mr.. Webster, in behalf of the
United States, refused to afford him the
of this government.
The facts we're different in the case of
Martin Kotzsta treated By Mr.. Marcy,
of State, in 1888, bat the same
principles of public law were announced
in his correspondence with the Austrian
Minister. Whether Mr.. McClenlan had
thought proper to take out naturalization
papers or not, nothing is more certain
to all intents and purposes, and
by voluntary eXpatriation had lost his
tight to claim the protection of any other
IT he vas British subject,
he was exempt from service aa & mem
Der of the sheritf's possee in Kemper
but we learn that so far from
claiming exemption he voluntarily as
,umed the service at the entrance, and
Is the friend of, Chis0lm. Our informa-
ion is that he was not on duty as a n.eI;3-
Der of the posse when he was killed,
nut had become involved in an ARRAY
With persons in the crowd during the ex-
element. The following incidents in the
ife of McClenlan, 10y the Meridiqn Mer
,urv, will show that he was not averse 10
luarrels, and that with his irascible dis
position when he assumed the champion
hip of the Ckisom side in the affair, it
vas not strange that he lost liz life:
McClenlan, the British subject" killed
II the KEN per riot, was, nevertheless, amen
bic to our State laws. He was indicted
nee for bloody minded demonstration
gaiaSt citizen of KEN per, which was
lroGa bly,, penitentiary oHense. He did !
ot then claim nor receive British protection. I
lie had no need o it, for be had better pro-
pction nearer home-the protection of the l
'hiSolm- Gilmer clique. On one occasion ,
e thrust a double barrel gun at Dr. Fox
Tho was making no hostile demonstration
owardS him whatever, and warned him if :
e mogad he would kill him. His murder
US intent was preVented 1--WE have forgot .
en how and old Scotcta %ES Indicted for .
n assault with intent To Kill. In face of :
he facts, his friends, who, as is we'll known, .
rejected their murderers and would-b be :
lurdererS, about that time, in kemper, :,
erv easily got him OFT with a verdict of
lisdemeI poF,-they did not have the
heck to have iIiul acquitted outright,- and ,
e was fined $50. Aud, before the court
1iourned, they considered that was too i
luch money to throw away for only COM
lifting an assault with intent to Kill a
emper county rebel, and they got half the \
ne remitted Sir Edward Thornton .
light interfere in behalf of worthier Brit
h sd bjects.
CONGRESSMAN ELLIS, of Louisiana.
no arrived in Washington the other