The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-06-26
REPORT OF MIR. MOORE.

To the Honorable, the Circuit Court of the United
States for the District Of North Carolina:
In obedience to the order of this Honorable
Court Ia copy of which is hereto appended,) I
beg leave to submit the following report:
The circumstances which originated this pro-
ceeding of the Court in regard to Mr.. Starbuck,
the District Attorney of this State, is the present
ment by the Grand Jury during the present term
OF the Court Of Mr. Starbuck for perjury in ta-
king the oath Of office prescribed by act Of Con,
gress of July I'd, 1859, moth withstonding he had
been member of the Convention of the State,
assembled on the Goth day of May, 1851, COM
monty known as the I" Secession Convention
am Informed and do not doubt the fact that the
commission of Mr. Starbuck bears date near the
close of August 1855, and that his name had
been previously suggested for the Office to the
Attorney General of the United States by Mr.. B.
8. Hedrick, highly respectable citizen then Of
the District Of Columbia, and for many years
previous to the war citizen of the State OF
North-C Carolina That upon his recommendation
the commission Of Office was issued to Mr. Star
buck, who did not accept the same by taking the
Oath of office till about the middle of November,
1866. 1t appears from letter addressed by Mr.
Hedrick to Mr.. Starbuck, dated September 3Oth,
1865, that sometime heretofore, Mr. Starbuck
had written to Mr.. Hedrick and desired him to
lay his case before the Attorney General OF the
United States, and obtain his opinion whether he
was qualified for the appointment.
Mr. Hedrick replied by letter of the afore-
menCi0neQ GATE. so mucn VI WHICH dS reiateS
to the question presented to the Attorney Gen
eral, is as follows A'
1.-THE first letter which You wrote me and in
which you stated that you had been member Of
the Convention and had held the Office of Clerk and
Master in Equity. TO which you were, appointed
under the lawful State government, laid before
the Attorney General and these facts were not re-
garded as excluding you from Office. In fact,
what he wanted is men who have been uniformly
Union men throughout and who have not done
any act in hostility to the United States"
lam informed BY Mr.. Hedrick that at the time
when Mr.. Starbuck was nominated for the Office,
Mr. Starbuck was not apprised of the fact.
Mr.. Starbuck became member Of the Conyen-
tion about nine months after the Ordinance Of
secessi ln And it appears that be did not take
the ah of Office under the act OF July, 1859 till
after obtaining the advice Through his cores
pondent) Of the Attorney General OF the United
States. p $50, 81.
I submit the foregoing as the result Of my ex-
animation of the facts in this case; and as the
Court were pleased to intimate to me that
should express my opinion Of the course proper
to be pursued after Investigation, will add that
whatever Interpretation in law may be puton the
oath OF office Of July 2, 1892 am unable to per.
/ ceive that Mr.. Starbuck was corruptly Influenced
to take It, He resorted for advice upon the ques-
tion to the proper fountain and acted in conform.
| ity with the opinion given; and were Icharged
with the prosecution. should not hesitate to lei