Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-28
THE WILMINGTON JOURNAL
The Case of MFR. Starbuck.

Grand Jury, at the recent term OF the Olr
cult Court, we desire to do him the justice
to give his statement of the facts of his APP
pointment and ticking the oath.
When the matter was called up Mr.
SrARBUCK asked an investigation, and ad
dressed the Court as follows
Please your Honors
From a deep sense of duty, which owe to tho
Court to nv family and myself, rise to make
motion affecting me as me prosecuting 9licer r, o.
Grand jury has presented me and other gentle.
men on the ground that we took the test oath OF
July, 1862 when we had 10 right to take it.
The charge against me is, that having been a
member of the State Convention which passed the
Ordinance of Secession, that /, Therefore could
not consistently take said oath as District Attor
ney.
Now, wish. and intend to meet this charge fair
IL ana suuarelv. and challenge an investigation.
[, therefore, respectfully ask your Honor TO ap,
point some member Of the Bar to take charge OF
the case for the Government. But, before taking
nv 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 cOnscen-
tiously,
These are the facts of the case in regard to this
lbellous charge. In the month of june or July,
1865. inst after the close of the war, received a
letter from a friend in Washington informing me
that the Attorney General had requested him to
SAX me If | would accept the appointment of Uni
ted States District Attorney for North Carolina,
and whether l could take the test oath, and re-
questing 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 answer his letter until some week or
7 then distinctly informed him by letter that a =
though had always been a Union man, as he well
knew. vet had been for part of the time q men,
Der of the convention which passed the ordinance
of secession, but was not member when 1t was
passed. and was utterly opposed to its passage
ordinance
1851. and that did not become member of the
Convention until February, 1862. That was elec-
ted as we'll known Union man, over an opponent
entertaining the opposite principles. That while
candidate before the people, expressed a desire
and hope that the Convention, before 1t adj
jOurned, would repeal the ordinance OF secession.
took my seat entertaining these hopes, and did
what l could to aid III 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 acquaintance, I felt that the spirit
of the oath did not exclude me- and requested 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. l received an
answer informing me that he had laid these facts
before the Attorney General who gave it his
opinion that there was nothing in the oath to eX-
clude me II ON taking 1t. These are the facts OF
the case
tation Of mine, with the hope of aiding III the
establishment of the civil authority of the United
States onc3 more in North Carolina. What | have
done, has been done honestly and cOnsientiOusly,
with the appreciation of the Attorney General of
the United States. And / now respectfully ask
that some member of the Bar be appointed to ill.,
vestigate this charge, i'll order that may have all
opportunity of vindicating my innocence.
Mr.. Moore, who had been assigned by
the Court to make the investigation, sub
mitted report, confirming the above state
ment of facts, concluding as follows
81 submit the foregoing the result of my ex-
animation of the facts i'll this case and az the
Court were pleased to intimate to nee that should
express my opinion of the course proper to be
pursued after investigation, viii add that what
ever interpretation in law may be pnt the oath
of Office, OF July 2, 1862, am unable to perceive
that Mr.. Starbuck cOrruptly influenced to
take it. He resOrted for advice upon the question
to the proper fountain and acted in conformity
with the opinion given and were I charged with
the prosecution, l should not hesitate to let the
matter rest, as well for the good of the pubic as
in justice to Mr. Starbuck.'
Based upon the report, the Court order
ed that all further proceedings in the mat
ter be dismissed.
we have no desire to do Mr.. STARBUCk
any injustice, but do most sincerely regret
that he was not made to answer before
jury of his countrymen upon the charge
for which he was presented. The times are
sadly out of joint and the people are much
demoralized, and never was there time
in the history of the State when public and
private virtue was SO necessary In the dis
charge of all duties towards the Govern
ment and to society. Our law-officers, at.
least, I" should be above suspicion
Attorney General Sized, informed a Mr..
Hedrick, to inquiries whether Mr.. STARBUCK
could take the test-oath, that "what he
wanted is men who have been uniformly
Union men throughout, and lUh0 hare not
done any act IN hostility to tie United States "
Mr.. STARBUCK, whatever may have been his
Union prociYities and prejudices in going
to the Convention, knew that the Conyen-
hon had passed the ordinance of secession,
and under its legislation troops were al
ready in the field, in armed hostility to the
United States, and that the object of the
adjourned session was to raise additional
troops and to provide the ways and means
to maintain them in the field, and to ena-
BILE North Carolina to carry on the war If
he never abandoned his earnest desire for
the preservation of the Union, he kept it
profound secret so far as the journals of the
Convention are concerned; and if he did |
not know voting to raise troops and provide
money was not hostile act towards the
Union, his ignorance is SO profound that
he certainly is not qualified for the respon-
sibie position which he holds.
Among the points decided by Attorney !
General SrANBERY, as engaging in the
and which has been established |
by the unanimous vote of the Cabinet, |
even the dissenting Secretary of War con-
curing, is as follows
"All those who, IN legislative other official
aCere engaged an the fi1therdnce of the
e0ntnllO1a ataLGagtM purpose, where the duties of
the office necessarily had relation to the support
of the rebellion, such as members of the rebel
conventions, congresses. and legislatures, diplo-
matte agents of the rebel Confederacy and other
officials whose Offices were created for the pur-
pose OF more efectually carrying on hostilities,
or echoes duties dppertd1aed to the support of the
rebel cause, must be held disqualified
The readiness with which Mr. SDprD 70