The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-20
Circuit Court-Mr. Starbuck.

We have waited until there could be full
investigation of the presentmcnt made
against D. Fl. 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.
From a deep sense of duty, which owe to the
Court, to my family and myself, rise to make q
motion affecting me 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 that having been
member of the State Convention which passed
the Ordinance of Secession, that /, therefore,
POu1d not consistently take said oath District
Attorney.
Now, wish, and intend to meet this charge
l. therefore, respectfully ask your Honors to ap-
point some member of the Bar to take charge OF
the case tor 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-
tously.
These are the facts of the case in regard to this
| libellous charge. In the month of June or July,
1865 lust after the close of the war, received
letter from friend in Washington, informing
me that the Attorney General had requested him
| to ask nae if would accept the appointment of
United States District Attorney for North 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 l 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, Set, u.u uSCu iol d par VA tho .iAo
! a member of the Convention which passed the
Ordinance of Secession, but was not member
when it was passed, and was utterly opposed to
| it's passage. That this Ordinance was passed on
| Goth May, 1861, and that did not become mem
Der of the Convention until February, 1852 That
was elected as q well known Union man, over
an opponent entertaining the opposite principles.
| That while candidate before the people, eX-
pressed a desire and hope that the Convention,
before it adjourned, would repeal the Ordinance
| of Secession. 1 took my seat entertaining these
hopes, and did what uld to aid in protecting
our people in their civil liberty, and relieving
And did no act with any hostile intent towards
the Union, and never for one moment abandoned
INV earnest desire for its preservation.
| Entertaining these sentiments, which were
well known to my acquaintance, 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 I
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 solicit
tation of mine, with the hope of aiding in the re-
establishment of the civil authority of the United
| have done, has been done honestly and conscien-
| tiously, with the appreciation of the Attorney
| General of the United States. And 1 now re-
spectfully ask that some member of the Bar be
| appointed to investigate this charge, in order
that may have an opportunity of indicating my
| innocence. d. Ii. STARBUCK,
| U. S. District Attorney.