The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-09-23
fadhdn, Y, c., Aug. 81, 1851.
RIcnhosp Hill. Aue. c6 1ss,

RIcHMoSp Hill, Aug. 60 1851
JaInas R. DodPf, Esq-Dear Sir: Upon the
iacts stated Ia your note of the 2+th inst, my
opinion is, that the act OF the Congress Of HI.
Confederate States promu lSated by The Presi
dent Goes not apply TO your case for the rea =
son, that by the act of removing 10 this State
Ill iH2o, with an intention Of remaining here
permanentiy and becoming 4 citizen OF the
state oi North Carolina, You became one OF
our citizens 'by election" rs fully, TO all in
tents ana purposes, as If you had been born
mere. Alter that act, YOU no longer owed al =
iegiance 10 the State of New Yorl-tha State
OF North Carolina was then entitled 10 Your
allegiance, as OF right.
The facts stated by you--holding office OF
trust ana profit, being now an acting Justice
OF the Peace, &c. have an important bear
ing, and furnish 3uequivoeal evidence of The
intention 10 become citizen of his State.
Hen II foreigner, u citizen OF France. for
instance, removed 10 the United States al
though Win an intention OF remaining per
mdhentiy and becoming Il citizen, hc did not
become q citizen until natnraiiZed accorIing =
10 the forms required 10y law. But when a
citizen OF one OF the States OF the United res
removed 10 another Of the States with 4 like
iatention, hls purpose was, ipso fact0, accom-
p!iSheG. There being no law recurring apy
particular mode of proceeding in order to his
naturalization, his act OF election had the
legal effect of making him a citizen CT Tie
Sttte TO which lie had removed. This differ
ence Results from The relation created among
the several States Of the United States by
/ .
yersal understanding. ana instances without
number could be referred to where citizens
OF other States have, by this mode of election.
become citizens OF North Carolina ,lhi.i
Justice Ruflin, the late Judge Strange Judge
French - uuge Heath, occur to me aud where
citizens OF our State have ceased 20 be sue b
and become citizens Of other States, simply
by the act ofremovinG and settling there
II follows that when the State OF North
| Carolina withdrew from the United States
ana became one OF the Confederate States,
YOU, Ike all Of her other citizens became Il
citizen of the Confederate States. 50, of course
you 60 not fall back under the description OF
" an alien Indeed, being alre ldy q citizen
of this State, and as such n citizen OF the
Confederate States. il would be inconsistent
Tor you now - make Il declaration Of an ia
/ L"nfion to become Il citizen OF the Goufadera te
States
Ihe act OF Congress w&s in tended to apply
10 that desert btian OF persons who being cit
l.ans OF states adheriag TO The United States
h1ppenrd 10 b. IN scIae of the COnfed erat.
States Tor :. temporary purpose, without an
Intention of becoming citizens, and with an
Intention CT returning in respect TO wtoIl
il was deemed eEDedient 10 REQUIRE them 70
leave The Con nfeder..te STAT tes, unless the con-
GltiOn uI things induced chem 10 change their
purpose OF returning 20 the State OF wh!ci!
they continued 10 be citizens, and to become
citizens OF the Confederate States, which in
tentlon they are required to declare 'ln due
form, acKuoW ledciIig the au thoritv Of this
| Government Persoas OF this descri,tion.
having come into what is now the ConledeT-
ate States, We're entitled under the Constitu-
tion of the United States, (aI-t /, sec. . ''To
all the privileges and iIumuuities of citizens
OF the several States without, IN f;lct be-
coming citizens of the State in which they
happened To be, hot having elected TO do SO
ana II WAS proper, under existing circum-
stances, TO put them TO their election, and re-
Guire formal evidence OF IL, If they staid
among us. This policy has no more applica-
tion TO You, who have already made vou.
election and become citizen of This State
than 10 any other citizen OF any State of the
Confederate States. Yours, &c,
II. N. PEARsoy