Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-06-20
Judge Thomas n. Duvsl.

judge Thomas H. Duvsl.
EDITOR OF The STAR I'm your paper of
this afternoon there is an editorial headed
Z" Another Impeachment Trial in Prospective"
which does great injustice to very meritorious
gentleman. The fact that you refuse your en-
dorsement Of the story, although coming to you
''from apparently good authority" induces us
to ask the the publication Of this contradiction;
q long time United States Judge for the West
ern District Of Texas" And it is true that
"after the late rebellion had been in progress
for s0me time Judge Duval made his way
through the rebel lines and came North to this
city, where he made satisfactory representa-
tions as to his uninterrupted loyalty to the
federal government, took the irOn-clad oath,
and was paid from the national treasury his
salary for such time as he was prevented from
discharging the functions Of his ofice In Texas,
and until peace was sufficiently restored to re-
sumo them, and. in point of fact, ever SINCE"
But IL is utterly rue that ''from the time that
State seeded up to the date of his coming North
Judge Duval acted as district judge under the
So called confederate government, and drew his
pay as such officer from the treasury OF thas
concern"
Your informers simply uttered what they
must have known to be gross slander. Thomas
II. Duval never held any office under the Con-
federate government. When the secession con-
ventiOn OF Texas was in session members OF that
body demanded that he should resign his Office
of United States district judge, and although
they knew his devotion to the Union they offered
their influence to procure for him the same Of
fice under the Confederate government. Judge
Duval firmly refused, and no mans position as
Unionist was more clearly defined. Like many
other UniOnists he remained in Texas until he
could protect himself no longer. He was at
first above the age of conscription: but by the
second rebel conscript law he was brought with
in its rule. His name was twice put in the
wheel for the draft of State trOsps-Once under
the special order of the Governor OF Texas
No longer able to protect himself Judge Duval
escaped through the Confederate lines and
found protection under the old flag ct ricks-
burg. He came to Washington and received
his salary. But no asseverations OF his 10 yalty
were necessary. His position as devoted friend
of the Union was wen known. 1t had been told
by all the loyal Texans who had preceded him.
Although he had held no office, agency, ap-
pOintment or calling under the Confederate
government, the Commissioner Of the General
Land ONCE Of the State of Texas had given
Judge Duval employment as a clerk and had
paid him out of the State Treasury in 1861; and
District Surveyor had given him a nominal
in Texas 1t was hoped that these mere clerk
ships would save him from forced military ser
vice against his government. But those who
had been offended because Judge Duval would
not resign his judgeship, determined that he
should not have this protection. Judge Duval
made no concealment Of these agencies or State
offices" if you will. The facts were laid before
President Lincoln and his Cabinet; they were
fully discussed, and 1t was decided that they
were not the exercise of the functions OF any
office whatever, under any authority or pretend
and that he had voluntarily done nothing which
disqualified him from receiving his salary and
exercising the functions of his office SO soon as
the Urited States should be able to protect him.
Judge Duval returned to Texas with the expe-
diion of Gen. Banks in the fall of 1868, the only
invasion Of that State. His family were sent
out OF the State with the family of Gov. Ham
iltOn, by the rebel authorities in December,
1854
The argument that Judge Duval had vacated
his office was urged upon President JohnsOn's
M hu To ubn had
themselves at a very safe distance from danger,
and it was considered and disregarded by Attor
ney General Speed.
As soon as marshal was appointed for his
district, Judge Duval resumed his duties as
judge, which were more 0nerous than the duties
OF any other judge in the United States.
As Secretary of State Of Florida and of Texas,
as Supreme Court reporter of Texas, and as a
State judge before he was a Federal judge. no
bsn imam can point to RurfT FL S M & Pfeaons Of
inc, as citizen and patriot, he has too few peers
and no superiors. Modest and unobir Isive, yet
tn m, he can well challenge an inves igation by
Congress, and compare his every act with those
of the parties who have "latterly arrived in
this city from Texas" When they say that
Judge DIS original oath of allegiance to the
Southern Confederacy," be you assured that if
those " latterly arrived" were in Texas in 1852,
twill be as certainly found that they themselves
took that same oath, as that the aged Senator
from Texas took it on the same day and in the
same hour with Judge Duval. The rebel pro-
NOst mdTsudi lett no alternative out TO ", did
Gov. Hamilton, or to subscribe an oath renoun-
cling all allegiance to the United States and
swearing allegiance to the Confederate States,
as did his since more fortunate brother.
1t is not believed that there is a Senator or
member Of Congress from Texas (save the two
northern men who went there with the United
States army who did not take that "oath OF
allegiance to the Southern Confederacy, ;" forced
upon all by martial law and rebel bayonets.
The present Governor Of Texas may not have
taken the oath; but he was paid his salary as
State judge after the secession OF Texas, until
the end of his OH cial term.
1t Is for Congress to determine, whenever a
proper case shall be presented, what is a dis
qualifcati0nsunder the third section of the four
teenth amendment of the Constitution, as we'll
as under the test OATH Neither Judge Duval
nor his friends will object to the Investigation
commencing with him, even though it shall end
with Senators and Representatives.
These over-plumb "northern ioyalists' who
believe themselves to be the only tit officers Tor
the South, did not have to pass through our
dark day. GEO. w. PAscHAL,
GEO. w. PAsCHAL, Jr.,
A. j. HAMILTON,
X. \. LANE, Of Texas.
WAsHINGTON, June lS, 1870.
We beg that any paperS which NAV have