The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-10-02
WHO ARE ALIENS,


WHO ARE ALIENsi
Col. Jas. R. Dodge, of Yadkln county,
made application TO Chief Justice Pearson
for advice whether he is citizen of North
Carolina under the act Of the Confederate
States, or is he required to do any act to be-
come SO; stating that he was born in New
York in l795, removed TO this State in 1890,
married here. has resided here ever since, all
his property is here, is and has been for many
years Justice Of the Peace, has held State
offices, repeatedly sworn allegiance to the
State. and has no intention 10 change his
permanent residence here.
The Chief Justice replied as follows -
Richmond Hill, Aug. 26. 1861.
JAMES r. DoDoE, Eso.-Dear Sir. Upon
the facts stated in your note Of the oath
inst, my opinion is, that the act Of the Con.
gress Of the Confederate States promulgated
by the President does not apply to your case !;
Tor the reason. that by the act Of removing
to this State in 1890, with an intention Of
remaining here permanently aud becoming
citizen of the State Of North Carolina, you
became one of our citizens "by election"
as fully, TO all intenis and purposes, as ,f
you had been born here. After that act, you
no longer owed allegiance to the State Of
New York-the State Of North Carolina was
then entitled to your allegiance, as OF right.
The facts stated by you holding Office of
trust and profit. being now an acting Justice
Of the Peace, &c.,-haye an important bear
Ing, and furnish unequivocal evidence Of the
intention TO become citizen Of this State.
When foreigner. a citizen Of France, for
instance. removed TO the United States, al
though with an intention Of remaining per-
manently and becoming cllizen, he did not
become citizen until naturaliZed accord.
ing to the forms required by law. But
when a citizen of one oil the States OF the
United States removed to another of the
States with like intention, his purpose was,
ipso facio. accomplished. There being no
law requiring any particular mode Of pro-
ceehng in order to his naturalization. his
act Of election had the legal effect Of making
him citizen of the State IL 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 understanding,
and Instances without number could be re-
ferred 10, where citizens ui other States have.
by this mode of election. become citizens Of
NORTH Carolina, (Chief Justice Ruffin. the
late Judge Strange, Judge French. Judge
Heath, occur to me, aud where citizens Of
our State have ceased to be such aud be-
come citizens Of other States. simply by the
act Of removing and settling there.
Ii follows that when the State of North
Carolina withdrew from the United States
and became one Of the Confederate States,
you, like al of her nthrr citizens, became a
citizen IL the Confederate States; 80, II
course, YOU do not fall back under the de-
scription of "an alien" Indeed, being al
ready a citizen Of this State. anil as such a
citizen Of The Confederate States. IL would
be Inconsistent for you nn~ 10 make dec
larstion Of intention 10 become citizen Of
the Confederate States.
The act of Congress was intended 10 APP
ply 10 that description Of persons. who. being
citizens Of States sdhefing 10 the United
States. happened 10 be 10 some 81 the Con-
lederate States. for temporary purpose.
without an Intention Of becoming citizens,
and with an intention nf returning; IN re.
speei t. whom, il was deemed expedient 70
require them IL leave the Confederate States,
unless the condition Of things induced them
10 change their purpose Of returning TO the
State Of which they continued TO be citizens.
aud to become citizens Of The Confederate
States. which intention They are required u
declare in due firm. acknowledging The
authority Of this government" Person. OF
this, description having come into what Is
now the Confederate States. were entitled.
under the Constitution u The United States,
art. 4. sec. 2, 30 al privileges aud immu.
mites Of citizens Of the several States,
without, in fact. becoming citizens OF the
State IN which they happened 70 be. noI
having elected % 30 50 aal il wss proper,
under existing circumstances, 70 put them
70 their election, and require formal eyi.
dence Of it. il they siaid among Us. Jhi.
policy has no more application TO you. whu
have already made your election and become
citizen 81 this State. than % any other eli.
zen Of any State Of the Confederate States.
Yours. &C., X. ~. PEARSON.