The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-09-24
RICHMOND HILL. Aug q, 1861

JAMES L. DODGE, ESQ.-Drnr Sir: l pur
the facts stated III your note IF the 81 inst, my
opinion is, that the act Of the Congress Of The
Confederate States plomui gated by the President
does hot apply to your Case; for the reason, thnt
by the OF removing to this Srafe in 1920, with
an intention of remaining here permanently and
becunIing citizen OF the Sat. IF North Carolina
you became one of cit.z "by election, y
as fully, to all ntents and purposes if you ha1
been born here. Alter that act. You no longel
owed aleg glance to the State Of New 1ork-the
State of North Carolina was then entitled to your
Allegiance, Of right.
HE facts stated by you-holding Offices OF
trust and profit, being now an acting Justice OF
The Peace, &c.,-have an important bearing, and
furnish unequlvoca evidence of The Intention to
become Il citizen of :his State
" hen ii fOrriyhrr. Il citizent of France. for in
stance, removed to the United States, although
with an intention of remaining permanently aud
heconing citizen he did not become citizen
until naturaized according to the forms required
hy law. But when cttizrn OF mr. If tie Inurd
Stntes removed to another Of the States with IA
like intention his purpose was. ioso facto, accom-
plshed. There being no law requiring any par
| Tlcular mode OF proceeding III order to his natu
razation, his act Of election had the legal effect
of making him citizen of the State 70 which H.
had removed. This difference results trom the
United States by force OF their Union. Such has
been the universal understanding. and instances
without number could he referred to, where cItl
Gems OF other States have, by this mode OF eiecto
become citizens Of North Carolina, (Chiet Justice
Rufin, the late Judge Strange, Judge French
Judge Heath, occur to me) and where citizens OF
our Stnte have ceased to be such aud become citi-
zens Of other States, simply by the act Of renov-
ing and settling there
1t follows that when the State Of North Carroll,
la withdrew from the United States aud became
OF the Confederate States, you, like all of her
other ctizens became citizen of the Confeder
ate States; so, of course, you do not fail back
der the description Of IAN alien. Indeed, bein:.
Ilre ady citizen OF this State, and such citi
yea of the Confederate States, 1t would be inc"n
sistent for you to make declaration Of Il"
infe1tiem to Jccpnac citizen of the Confederate
States.
The act Of Congress was intended to apply to
that description of persons. who, being citizens
Of States adhering to the United States, happened
to be in some Of the Confederate States for TEN
porary purpose, without an intention of becoming
citizens, and with an intention of returning; III
respect to whom. it deemed expedient
cure them to leave the Confederate States, un-
less the condition of things induced them to
change their purpose OF returning to the State OF
which they continued to be citizens. and to be-
come citizens of tie Cuntrderate StateS which in
tentn they req uired to declHre Sin due form
acknowlvdg gng the authority Of this Government
2. rSuns ut this descrirt:' having come Mt what
is now The Confederate Mates. entitled, un-
der the Constitution Of the United States. art. 4
sec. 2, TO all privileges and immunities OF cti-
zens Of the several States" without, in fact, be
coming citizens of inc State in which they hap
pened t" be, not having elected to do SO; and it
was proper, under existing circumstances, to put
them to their election, and require formal evi-
dence Of it, if they said among us. The policy
has more application to you, VIII" have already
made your election aud become citizen Of this
State. than any other citizen OF any State OF
the Confederate States Yours, &C.,
r. NJ PEARSON