Wrong. He was arrested April 12, 1807. Get your facts straight.
As Secretary of State, James Monroe wrote to France to assure them he was, in fact, a US citizen and thus should be released:
“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”
I am aware of this. That is why I cited the November 27, 1811 date before our government took any action. They let him stew in French custody for three years and some months. Even then, they only put forth the claim that he was a US Citizen based on the Affidavits of Citizenship obtained from South Carolina alleging that he possessed South Carolina citizenship which convinced the US Government to act. They knew he was born in South Carolina from the very beginning, yet they chose to NOT ACT.
As pointed out by James Madison in his letter, The man's claim to citizenship was contingent upon what was the law in South Carolina, and specifically what the naturalization statute of South Carolina said regarding existing offspring of a man who has been naturalized.
Without those documents from South Carolina, and the Certification by an Associate Supreme Court Justice, the US Government would have continued to ignore the plight of James McClure.
The entire point, which you are too stubborn to comprehend, is that being born in South Carolina was not enough for US Citizenship as far as James Madison was concerned. James McClure had to be grandfathered in as a South Carolina citizen (and therefore through South Carolina laws) or he would not possess Federal Citizenship at all.
This example is a complete contradiction to your theory. If Madison believed birth in the US was all that was required, he would have acted immediately. He obviously did not so believe.
“Get your facts straight.”
Hmmm...you claimed, “James McClure, who though having been born in South Carolina in 1785, was rejected as an American citizen by his government because his English father did not naturalize until two months AFTER he was born. “
Seems you ought to get your facts straight. He WAS held to be a US citizen. And no, having spent 5 minutes finding out you are wrong on that rather important point, I don’t plan on wading thru birther crappola on the internet.
Bottom Line: US citizen by birth. Sworn to by the US Government.
“Wrong. He was arrested April 12, 1807. Get your facts straight. “
Feeling generous, I spent another 2 minutes researching James McClure. According to Mario Apuzzo:
“Even though McClure had a U.S. passport issued tohim by the “American minister in London,” showing that he was a “native citizen of the United States,” the French Minister of War, based on information that hereceived from the French police and the “Minister plenipotentiary of the U. States,”issued an order on April 12, 1810 directing that McClure be detained in France as an “English” prisoner of France (emphasis in the original). Pursuant to that order,McClure was “placed under surveillance at Tours” (emphasis in the original).”
http://www.scribd.com/doc/95113318/Apuzzo-re-McClure-Rodman-Publius-citizenship-Obama
Now heres a question...
My 3rd great grandfather was born in Canada in 1797...
Both his parents and both sets of grandparets were born in the US before the Constitution..
However both sets of parents were also Loyalists and chose to flee to Canada from where they never chose to return and so were not “under the jurisdiction of” at the time of his birth..
Was my 3rd great an American citizen ...and a NBC
and eligible to come back to the US and be POTUS ???
He married a woman born in the US but their children were all born in Canada ...
Were those children Americans or Canadians ???
You see where it gets murky ???
Either the children of US citizens are also American citizens regardless of where they are born or they are not...
Thats where the 14th Amendment part of “under the jurisdiction comes into play and CANNOT be ignored...
Or one day we will have for our president the anchor baby of an illegal alien woman who laughed along with her relatives as they rolled her across the border from Mexico into Texas as she was in the final minutes of labor so that the child could be born in the US...
Local LE can only stand there helpless as this goes on and have to put the females in an ambulance and take them to an American hospital..
Now is that mother “under the jurisdiction of” ???
And yet the child cannot be prevented from being one day president of the US..