The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-06-26
Circuit Court-Mr. starbuck.

We have waited until there could be full
investigation of the presentmcnt made
against D. II. Starbuck, Esq. the United
States District Attorney, before noticing it
in our paper. We publish the full proceed
ings in the matter to-day, with the order of
the Court dismissing the charge as utterly
unfounded. Mr.. Starbuck, being an officer
of the Court, himself asked for an investiga-
ton, and B. F. Moore, Esq, was appointed
for the purpose. The facts elected fully vim
dictate his character and exonerate him from
the imputation.
We have report that other presentments
were made. We say nothing now of the
motive that may have influenced certain
members of the Grand Jury, but we have no
hesitation in expressing the opinion that the
charge of perjury against other gentlemen
who might be mentioned, is as groundless as
that against Mr.. Starbuck.
We may have more to say hereafter on the
subject of perjury.
Mr.. starbuck, the District Attorney, asks
for an Investigation Of. the charges against
him.
Please your Honors:
From deep sense of duty, which owe to the
Court, to my family and myself, rise to make
motion affecting Inc as the prosecuting officer of
this Court; seriously affecting my character.
The Grand Jury has presented me and other gen
tlemen on the ground that we took the test oath
OF july 1862, when we had no right to take it.
The charge against me is, til It having been a
member of the State Convention which passed
the Ordinance of Secession, that /, therefore.
could not consistently take said oath as District
Attorney.
Now, 1 wish, and intend to meet this charge
fairly and squarely, and challenge investigation.
l, therefore, respectfully ask your Honors to ar
point some member of the Bar to take charge of
the case for the Government. But, before taking
my seat wish to say in defence OF my character
which is dearer to me than life ITSELF that what
have done have done honestly and conscien-
tiously.
These are the facts of the case in regard to this
libellous charge. In the month of June or July,
1865, just after the close of the war, received
| letter from friend in Washington, Informing
| me that the Attorney General had requested him
| to ask me if l would accept the appointment of
United States District Attorney for North-C Caro-
lima, and whether could take the test oath, and
requesting an immediate answer by telegraph.
| had not before thought of the appointment, and
| then thought SO little OF it, that sent him no
telegram, and did not even answer his letter until
| some week or two afterwards.
then distinctly informed him by letter, that
| although, had always been Union man, as he
| well knew, yet, had been for part of the time
| member of the Convention which passed the
| Ordinance of Secession but was not member
| when it was passed, and was utterly opposed to
| its passage. That this Ordinance was passed on
Goth May, 1861, and that did not become men,
ber of the Convention until February, 1862. That
| was elected as well known Union man, over
an opponent entertaining the opposite principles.
| That while a candidate before the people, ex-
| pressed desire and hope that the Convention,
before it adjourned, would repeal the Ordinance
| of Secession. took my seat entertaining these
| hopes, and did what could to aid in protecting
our people in their civil liberty, and relieving
| them from the oppressive measures of the war.
| And did no act with any hostile intent towards
the Union, and never for one moment abandoned
| my earnest desire for its preservation.
Entertaining these sentiments, which were
/; well known to my acquaintances, felt that the
spirit of the oath did not exclude me, and re-
| quested my friend, in Washington, to lay these
facts before the Attorney General, the Honorable
Mr.. Speed, and ask his opinion, whether anything
| had done excluded me from taking the oath.
received an answer informing ME that he had laid
these facts before the Attorney General, who gave
it as his opinion that there was nothing in the
oath to exclude me from taking it. These are
the facts of the case.
:. I received the appointment without any solici
tation of mine, with the hope of aiding in the re
establishment of the civil authority of the United
| States once more in North Carolina What
have done, has been done honestly and conscien
tiously, with the appreciation of the Attorney
General of the United States. And I now re
spectfully ask that some member of the Bar b.
appointed to investigate this charge, in orde
that may have an opportunity Of vndicating my
innocence. D. II. STARBUCK, I
/ u s. District attorney.