The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-06

Rosecrans is approaching with eleven regiments It was
with view TO meet him on his march that Generals
foyd and Wise have proceeded the Wilderness road to
Meadow Bluff. If the movement Of Con. Rosecrans be
correctly reported we may expect to hear Of another
Da,te III that direction In few days The enemy con-
sderaby outnumbers us, and the tight will come OIL II at
al, before the rcnorcements Just ordered on to Con.
Floyd viii be able to reach him. but notwithstanding
htle army whose metal has been twice tried and proved
Will give good report Of itself.
FL0yDs FLIGHT OVER THE GAULEy RIVER.
western Virginia Correspondence (sept 10y Iynchburg
Republican
Had Gen. Wise reinforced us with / 900 men, or, had it
been possible for the North Carolina and Georgia rcg
men's % nave come 70 our assistance in time we could
doabshsS nave whipped Rosocrans as badly on tho
morning Of the Nth had done on tho evening of the
IVln indeed we think it highly probable could have
whipped him anyhow; but, retreat would have been
impossible under tho fire of the enemy and in the posi-
oe event Of defeat should all have been slaughtered
or captured prudent thought dangerous TO
naru 30 much upon the cast of single die TO retire to
TINS sue OF the Gauey therefore, was the only sac
alternative lett us, and the wisdom of this movement
lmy endorsed on the next day by dispatch from Gen.
Lee advising us of our danger and suggesting the step
we had taken. Our withdrawal was as brilliant success
rs our defence We lost in this movement not
nin, gun. OF a wagon, ana Would not nave iost
single article OF value had not the removal of our
large number OF sick required the lss Of unusual
portion Of our means OF transportation. The road
was very narrow and wiio enough only for tho
PASSAGE OF single wagon, while the rapid and rugged
Gaucy hai 10 be crossed on two HAT boats and tompo-
rary foot bridge, just completed tbs morning OF Tho
night Tho feat was accomplished in less thaa five hours
ana IN The darkness of the night Our subsequent move
mehls have been entirely governed by those OF the enemy
Inc night after the fight eneamped Dogwood GAP
on the main turnpike midway between tho Saturday and
sunday roads, and about ten miles from Camp Gauley.
On Thursday intelligence reached that the on my was
cros sing IN Gauloy at Hughes ferry, with view Of
tipg US OIL by tho Wilderness road, at Meadow Bluff six
teen mics this slaa OF Lewsburg Wc at moved
back TO this point to place ourselves in striking dis
lance Of the enemy should h. appear that quarter
AZ the same time to hold the strongest and most deens
bio position this side Of Gauley bridge, limo Coxs
advance. If we are attacked here with many ton
mo- SAND men, think we can defeat them and we are
nxlousiy anticipating fight m few days. Tie writer
urges The great Importance of The government sendng
Forward men and provisions Immediately
ALIEN ENEMIES or THE CONFEDERATE STATES
From The Richmond Dispatch, Sept 231
This Is the last day of grace allowed by tho statute Of
the tohed rate Congress for taking the oath of citizen
snip IN The Confederate states These aliens who ot
qualify may subject themselves to the dagrccab, alter
native OF being sent forth by Tho marsais yond the
limits OF the southern con.cdcracy As the question:
what residents Of the South aliens Liable to b. treated
as snch under the statute in question publish to-day
an opinion of Judge Pearson who tho Judge
II North Carolina whose reputation urist gives his
letter on tho subject Of acnage especial value aud i'm
portance at til, present juncture Of affairs.
The following are the letter to Judge Pearson and his
Hcnor's opinon:-
HIS Honor CHEF JusTfsE rEARsoy:--
Having seen tho proclamation of tho President OF the
Cnnfcdcrac States, an DESTROYS of knowiag whethcrl
am Affected by il, Or wcul BE- considered citizen "a If
native. was born in thu state OF New York in I7g5
and in 1920 removed to North Carolina where have ~,
sided ever since married in North Carolina: all MY
property IS here; am an acting Justice Of tho Peace in
iW'kl ana have been for miay years, and have he'd
CHIC Of trust aud profit under The state and have re-
Peitsd!y sworn Allegiance to North Carolina. settled
here to remain permanently and have a!tcrn my
intention Of remaining. Am l required do any net
under that procamations An viii obiigc you're
truly, JAS r. DOit,n
YADKIS N. c., August 81, 1861
RcHa, HIM. August 90, 1861
JAMES T. DODGE Esq Dear Sirpon the facts stated
n your note q the 24t inst my opinion is that tho act
~ St ngrs OF IN, Confederate States prom BIZ the
rcs lent does not apply your case reason that
by tn act Of removing TO this state in 1920 with
tenlon OF remaining here permanently. and b. coming
citizen of the state Of North Carolina you became one of
our citizens Shy election fully 10 all atcn,s a1,d
purposes you had been born here After that act
you longer owed allegiance the State cr New York;
the State Of North Carolina then entitled to your
allegiance as Of right the facts stated by yo-holdng
office Of trust and profit, being acting Juse a.
the Peace &c-have an important b, arng aud furnish
evidence Of the intention become citizen
o. this state. When Foreigner citizen Of France
Or insiancc-rcmnvad to tho United States al
though with intention rem inning permanently and
becoming cn7en ne did not become citizen until ma
ra izcd according to the forms required by law. But
when citizen Of ono Of the States United Sahes r.
moved toanosher Of the States with like intention his
purpose wair ilso faco accomplished There being
law requiring any ticular mode Of proceeding in order
to his naturaEzaor his act OF election had the legal Ell 1T
OF making him citizen Of tho state to which 10 had ro
moved. This difference results from the rcla ions created
among e acSera States Of the United States by force Of
their unon Such has been the uniye,s sal understanding
and instances without nanhcr could be referred whore
citizens of other States have, by this mode election be-
come ci.iaans of North Carolina Chief Justice Rufn the
me and where citizens of State have ceased DO
such and become citizens of other States Simply by tho
act If removing and settling there.
1t ollws tAat when the State OF North Carolina with
drew from the United states Joined issue with tho
Confederate States you, having boon elected to Office by
her ct1ns became citizen OF tho Confederate States,
Of curse not fall back under tho description OF
san alien" Indeed, being a citizen Of this state,
aHi as such citizen OF tho Confederate States. it
"o'ild not be consistent for you 10 make dccarn
ton Of an intention TO become citizen Of the Ccaedoraie
States.
ID WAS Mod IN npnly tat Init
crpton Of persons who being citizens states aihcrng
10 The United states, happened be tho Con-
ederate States for temporary purpose without in
IGNITION OF becoming citizens, and with intention
-ctu ming in respect to whm it deemed cxpedient
require them 10 leave the Confederate tho
condition of thlngs induced them chance their PURPOSE
returning to the State OF which cy continued DO
which intention they required to declare Sin due
orm, acknowledging tho authority Of this gavorrneat'
Persons Of this description having come into w. noa
he Confederate states, were entitled under the consthu
or the United states (artic.c 4 section p o all the
privileges and imnuntes Of citizens Of the several I
States without In fact becoming citizens of the Siatean
which they happened 10 be, not having cccd to do
and proper under existing circumstances, ap
them to their election and require formal evidence Of Ia
II thoy stay ed among This policy has apyl-
cation to YOU, who have already made your cectan anal
become citizen this State than to any other ctiaes
of any State q the Confel crate States Yours &c,
r, NJ. PEARSON
ARRIVAL or UNION PRISONERS AT CHAELEsn0B.
From the Charleston Mercury Sept Ia.
Yesterday the Yankee prisoners of War who had beer
expected on Thursday, reached tho city at h,Mr |
when citizens probably still SunieSing
in their beds Tho arrangements for their psion
which had been made by Col Branch commanding tho
military, carried out quietly and in the most salts
factory The detail for this service the
First regiment rifles to which was attached squadron
OF cavalry Owing to the fact that the train expect
cd at midnight, tlc dciail was larger than ID wca have
otherwise been.
The several companies under arms all night
At quarter to ak A. NJ, tho order TO form given
the train having beon signaied The 2onaye Cadets,
Capt Chichester, specially detailed Ia receive the
prisoners ffora the This done 5y forming in
ranks-n intervals Of two raccs--tasing inwars
giving vadth Of twelve pacns ON the right Of
the youaycs tho first platoon &C. Tho Louisiana
volunteers were pasted; tho LOFT, tho second
plaoon--iavng opening for the prisoners
march INTO the square tho officers enaerng FIRST follow
ed BY TIE soldiers. AS this completed the
prisoners with their guard marched into other
hollow sluare, formed Of the Washington Light Infantry
The right the German Riemcn tho cit, the Beau
regards Light Infantry and Moultrc Guard on the right
Hank and the Palmetto Riemen, Carolina Light Infantry
and Jamison Rides the left iank. Ia this order
ccrlsnic by the Charleston Lh Dragons in front ant
tho German ussaYs in the both under command "A
MAJOR Ryan, the clrps being under command of Colonel =
T. Branch pro- eedcd through Washington Calhoun, Gun
ng, Beaulsin, Iazyck and Magazine streets to the l,
where proper arrangements hal previously been nade
for thor Temporary reception by Captain Theodore e.
sDcci detailed for prisoners