Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-09-28

R czxazD Hnz. NJ Anr. &c. Is

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james Dodge, Esq Dear Sir: Upon the facts
STATED IN your note Of the 24sh inst my opinion ia
That the act Of the Congress Of the Confederate
osAUs promulgated By the President does not apply
20 your case; fer the reason that By the act Of re-
moving TO this State in 1920 with an intention Ct
remaining here permanently and becoming citizen
OF me state Of North Carolina you became one Of
our citizens 'by elee6Ou,7 as fully to al interests
and purposes, as if you had been born here. After
11At aet you no longer owed allegiance to the State
o. New 1otk-the State Of North Carolina was
then entitled to your allegiance, as of right.
: ina faets stated By you-holding ol7ce of trust
aud profit being now acting Justice of The Peace
6c.,-hSye an important bearing and furnish un-
e9aiEoeai evidence Of tie intention 10 become cit
zsn Of this State.
!. When foreigner, citizen Of France. for in.
stance, removes 10 the United States, although
VAN A intention Of remaining permanently ana
becoming citizen he did not become citizen until
nstqr1azsa according 70 the fOrma required By
I-ss 2nt when ciuzen Of one Of the States Of the
United States renewed 70 auC tier Of the States
: Htsn hks inteniion, his purpose was iDsO
tGcfo. accomplished. There being no Law r..
curing any particular mode of proceeding IN
order % ms naturalization, his act Of election had
the legal effect Of making him citizen Of ~ ss.ta
t. which he bad removed The difference rsEult-
from the relation created among the several tase.
Of the United States by force Of their Union. Such
has been the universal understanding and instances
without number could be referred to where eifi
zepsof other States hare, BY sis mode Of election
becoms citizens Of North Carolina, (Chisf Justice
Rufhr the late Judge Strange, Judge French Ju;gs
Heath, occur to mel and where citizens Of our
State have ceased to be such and become eitizsus
Of other States, simply By the act Of removing and
sJtt.ing there. - - - -. ~
1t follows that when the S.ats Of North Carolina
Withdrew from the United States, and became one
OF the tonfedeFate States, you, ike ali Of her other
eihz7ns became citizen Of the O0nfederare States;
So OF coarse yOu do not fall back under the descrip
ton Of ian ahen.' Indeed, being already citizen
OF this State and as such citizen Of the Confeder.
ate states. 1t would be inconsistent for you nav to
make declaration Of an intention to become eti-
zen Of the Confederate States
The act Of Congress was intended to apply 10 that
description OF persons who being citizens Ct States
sdhering 70 the United States, happened to be in
some OF The Confederate States for a temporary
purpose without an intention Of becoming citizens
and with an intention Of returning; in respect to
whom i vas deemed exDed.sns 70 require thea
70 Leave the Confederate STATES, unless the con
tinOa Of Things induced them to change their
purpose Of returning to tie State Of which
-hey continued q be citizens. a3d to become citi-
zens Of the GogedeFats States which intentipnthey
arc Tsqualed 2 deere in due to-m. ackno wledg-
ng t-5 authority OF THIS Cove naent.' Persons Of
his desert tfDl having COM into what is now the
Confederate States, were emitted, ander the Consti
utol Of Jne Cnited States, art. 4, sec. q 80 all
he privileges aud immuniues Of citizens OF the
sVeFa States, without in fac becoming citizens Of
ne site in which they happened TO be, not having
elected to do so and It was proper. under exist
ng circumstances, 70 put tHcm to their election
nd require formal evidence Of II, if they stiid
uong Us This policy has no more application to
ou who have slreaIy made your election and be-
ON citizen Of this Sta-e- than to any other
idz9n Of any S.ste Of the Csaseders.s States.
ours, &c, X M. PEARSON.