Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-09-19
RIcHNOND I'LL. Anr. Z

RICHMOND HILL. Aug. Is, 1861.
JAMES Z, DoDGE, EsQ-Dsar Su: Upon the facts
stated in your note Of the oath inst my opinion is, that
the OF tie Congress OF the Confederate States pro-
muQAled By lie President doe8 apply your case
Tor tie Reason, ttaj y the oct Ct removing to this
State IN 1920, with :E:cntIon of remaining here
permanently aud becoming h citizen Of the State OF
North taroIioa, you became one Of our citizens by
tecon, uiy to a!l ineuis and purposes, if you
had been /. tn herr. After that act, you no longer
owed aleeia 10 the State OF New York the State
Of North Carolina was then entitled to your allegiance
as OF right
The facts stated by yonholdng office Of trust and
profit, being acting Justice of the Peace &c.
DaVe important berrng, and furnish unequivocal
evidence Of the intention to become citizen of this
State.
When foreigner, q citizen Of France, FOR instance
removed to the United States although with an nten
ton of remaining permanently aud becoming Citizen
he did not become citizen until naturazed according
to the forms required By law. But when citizen of
one # the States of the United States removed to another
Of the States with a Ike intention, his purpose was
1pS0 tuC0 accomplished There being law requiring
any particular mode Of proceeding order to bis uatu
raz4t0n, his act Of election had the legal effect OF
making him citizen Of the State to which be bad
moved This ference 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-
frred to- where ctzaus OF other States have, by this
mode of election, become citizens of North Carolina
(Chef Justice Rutn, the late Judge Strange, Judge
French Judge Heath to me) and where citizens
of State have ceased to be such and become citizens
of other States simply by the act Of removing and set
| ting there.
1t follows that when the State of North Carolina
withdrew from the United States and becank one OF
the Confederate States y0u like all of her other citi-
zens, became citizen OF the Confederate States so,
Of course you do fall back under the description of
" an alien" Indeed, beng already citizen of this
State, and such cit2en Of the Confederate States,
ton OF intention 10 become citizen Of the Confede-
rate States
The act Of Congress Nag intended to apply to that
description Of persons who being citizens of States
adherDg to the United States happened to be some
Of the Confederate States, for temporary purpose
without intention of becoming citizens and with
intention Of Feturning in respect to whom, it was
deemed expedent 10 require them leave the COnfade
rate States unless the condition of things Induced them
to change their purpose OF returning to the State Of
which they continued to be citizens aud to become ci
zens of the Confederate States which intention they
are required to declare in due FORM acknowledging the
aubosity Of this government Persons of this descrp
ton having come into what is now the Confederate
States were entitled, under the Constitution of the
United States art 4, sec. g To all privileges and i'm
munities of citizens OF tie several States" without ir
fact becoming citizens OF the State in which they hap
pened to be, not having elected to do so and it
proper, under existing circumstances put them tt
their election and require formal evidence OF it, If they
staid among This policy has application
to you, who have already made your election and be
come citizen of this State, than to any other ctzel
of any State o. the Confederate States.
4 Yours &c, R. M. PEARSON.