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To: 4Zoltan; woodpusher; DiogenesLamp; Ultra Sonic 007

The National Archives has the following letter which resolved the McClure case.

Joel Barlow Esq. Department of State
Paris Nov. 27, 1811

Sir
I have the honor to enclose several affidavits and certificates just handed to me by Mr. Cheves the Representative in Congress from the City of Charleston proving that James McClure now detained in France as a British Prisoner of War was born in Charleston since the Revolution. To these Papers is annexed a Certificate of W[illiam] Johnson Esq. one of the Justices of the Supreme Court of the United States before whom the affidavits were taken stating “that agreeable to the laws and usage of the United States, the said affidavits and Certificates are sufficient to establish the fact that James M McClure above named is a Citizen of the United States.” As such he must be considered by this Government. You will therefore interpose your good offices in his behalf and obtain his release from confinement as soon as possible.

I have [the honor]
James Monroe

Justice William Johnson in his dissent in Shanks v DuPont wrote this about the laws of South Carolina - “By an act of the state passed in 1712, the common law of Great Britain was incorporated into the jurisprudence of South Carolina. In the year 1782, when this descent was cast, it was the law of the land …”


136 posted on 01/16/2024 7:38:15 PM PST by 4Zoltan
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To: 4Zoltan; woodpusher
Found that a long time ago. What I want to see is Madison's response to Armstrong when Armstrong told him what he had done regarding McClure. (Alleging he was a British Subject rather than an American citizen.)

*THAT* is the part I will find interesting, but i've never been able to find it before.

Woodpusher has found a treasure trove of documents from this era, and Madison's response may very well be among them.

I would think Madison's response would be part of the official record, but the thought occurs to me that he may have sent Armstrong directions outside of official channels, in which case we might not see them.

Madison clearly wanted to keep McClure on ice in France, but he might not be willing to say so or say why in an official dispatch.

139 posted on 01/17/2024 8:21:10 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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