Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-09-28
Yadkin, N c., Aug. "a, 1861.
RICHMOND HILL, Aug. 20, 1876

RICHMOND HILL, Aug. %, 1861.
JAMES R. DODGE, ESo-Dear Sir: Upon the facts
stated in your note of the oath inst, my opinion is,
that the act of the Congress Of the Confederate
States promulgated by the President does not apply
to your case for the reason that by the act of re-
moving to this State in 1920, with an intention Of
remaining here permanently and becoming citizen
of the State of North Carolina, you became one Of
our citizens "by election" fully, to all intents
and purposes, as if you had been born here. Alter
that act you no longer owed allegiance to the State
of New York-the State ofNorth- Carolina was then
entitled to your allegiance, as of right
The facts stated by you-holding offices of trust
and profit being now acting Justice Of the Peace
&c,-have an important bearing, and furnish I'M
euuiyoca evidence of the intention to become cti-
zen of this State.
When a foreigner citizen of France, for inst
ance, removed to the United States although with
an intention of remaining permanently and becom-
ing citizen, he dId not become citizen, until
naturazed according to the forms required 10y law
But when citizen Of Oneo the States Of the United
States removed to another of the States with like
intention, his purpose was ipso trctO, accomplished
There being no law requiring any particular mode
of proceeding in order to his naturalization his act
of election had the legal effect of making him ct
zen of the State to which he had removed This
difference results from the relation created among
the several States of the United States by force Of
their Union. Such has been the universal under
standing and instances without number could be re-
ferred to- where citizens of other States have, by
this mode of election, become citizens of North
Carolina, (Chief Justice RuItin, the late Judge
Strange Judge French, Judge Heath, occur to mel
and where citizens of our State have ccasei to he
such and become citizens of other States, simply by
the act of removing and settling there.
1t follows that when the State Of North Carolina
withdrew from the United States and became one of
the Confederate States, you like all of her other
citizens became citizen of the Confederate States
So of course, you do not fall back under the des-
cription of ian alien"-Indeed being already citi-
zen of this State and such citizen of the Con-
Tolerate States it would be inconsistent for you no
to make declaration of an intention to become
citizen of the Confederate States.
The act of Congress was intended to apply to that
description of persons who, being citizens of States
adherng to the United States happened to be in
some of the Confederate States for temporary pur-
pose, without intention of becoming citizens and
with an intention of returning in respect to whom,
it was deemed eXpedient to require them to leave
the Confederate States unless the condition things
induced them TO change their purpose of returning
to the State oc which they continued to be citizens
and to become citizens of the Confederate States,
which intention they required to declare /" in
due form, acknowledging the authority of this gov
eminent" Persons of this description having come
into what is the Confederate States, enti-
tied, under the Constitution Of the United States,
art t. sec. 2, "ro all privileges and mmunities of
citizens of the several States" without in fact be-
coming citizens OF the State in which they hap
pened to be- not having elected to do so and it
proper, under existing circumstances, to put them
to their election and require formal evidence of it.
If they staid among u.s. This policy has no more
application to you, who have already made your
election and become a citizen of this State than to
any other citizen of any State of the Confederate
States
Yours &C.,