D. H. Starbuck

Darius Henry Starbuck (September 15, 1818 - May 26, 1887) was a North Carolina lawyer and political figure who served as United States Attorney for the entire state, and then for the Western District of North Carolina after the state was divided into two districts.

Early life

D. H. Starbuck was born Darius Henry Starbuck in Guilford County, North Carolina on September 15, 1818.^[1][2] He was the son of Reuben and Mary Beeson Starbuck. Reuben was born in Nantucket, Massachusetts on November 4, 1787.^[3] His mother Mary was born in Guilford on September 28, 1789.^[4] Both of his parents' were born into Quaker families. His parents married on February 12, 1812 in Guilford.^[1] Darius was one on eight siblings: Melinda (1812), Uriel (1814), Elihu (1818), Lewis (1822), Benjamin Beeson (1827), Thomas Clarkson (1832), and Matilda (1834).^[5] The Starbucks were early members of the Dover Monthly Meeting, having appeared in the church's records within the first few months of services.^[6]

Professional life

Sarbuck graduated from New Garden College, before studying law under John Adams Gilmer. In 1840 he was admitted to the bar.^[7] After settling in Salem around 1849,^[8] he soon took to his law practice in Forsyth.^[9]

Following the secession of South Carolina from the Union on December 20, 1860, citizens of Forsyth County were reported in local newspapers as having sparred over the subject of the possibility of the future secession of North Carolina. The county's Whig newspaper, The People's Press, is cited as having advised it's readers to "watch their tongues" in response to the recent outbreak of quarreling. A public meeting was arranged to be held at the court house in Winston on December 29 to discuss this issue. In 1860, Forsyth had a population of 12,692, of that population an estimated 800 citizens attended the meeting that day, roughly 16% of the total population. R. L. Patterson, who was asked to serve as chairman of the meeting, said that the event was held for members of the community to "counsel together" — "and to see if there was not some common ground on which all [local] parties could unite in the present crisis." D. H. Starbuck was one of five men who addressed the meeting. It was Starbuck's motion that the chairman appoint a committee of fifteen gentlemen to draft resolutions on how the meeting should act. Starbuck was among the men appointed to the committee. Rufus Watson Wharton, who Starbuck had previously shared a residence with in 1850,^[9] was also among them. Other notable members included lawyer and editor of The Western Sentinel Col. John Wesley Alspaugh, Dr. Beverly Jones, Dr. T. F. Keehln, Col. Joseph Masten, lawyer John Watson, and Judge Thomas J. Wilson. After two hours the committee returned with eleven resolutions. These resolutions consisted largely of rhetoric that was being argued throughout the country already. Notably, one of these resolutions proposed levying high tariffs on states which did not cooperate with the return of fugitive slaves. The fourth resolution stated "that waiving the Constitutional question of the power of a State to secede from the Union, such act of secession, if effected peaceably, is not an appropriate and adequate remedy for the injuries under which the Southern States are now laboring. To depart from the Union, leaving behind in the hands of her supposed enemies, all her accumulations of eighty years, in which she had proportional rights, would be a sacrifice on the part of a State, except under pressure of overruling necessity, as incompatible with her dignity as her interests.” The eleventh resolution called for the publication of these resolutions in all local newspapers, and that copies of these resolutions should be sent to the General Assembly and Congress. It was reported that all fifteen committee members voted unanimously in favor of the resolutions. The choice to vote unanimously was likely an influence of the Quaker teaching of Consensus decision-making, due to the community's religious heritage. To attest to the political attitudes shared among members of both political parties in Forsyth after the court house meeting, both The People's Press and the county's Democratic newspaper, The Western Sentinel, agreed that North Carolina should not secede from the Union. The People's Press ran a headline on the meeting stating, "Secession has no abiding place in Forsyth." The Western Sentinel concluded it's report of the events more cautiously with the statement "Union if we can, otherwise it's alternative."^[10]

Starbuck served as a delegate from Forsyth County to the state constitutional conventions of 1861 and 1865.^[11] He was first appointed to the U.S. Attorney's post in December 1865 by President Andrew Johnson. In 1868, he was elected a state superior court judge, but declined the office in hopes of continuing as U.S. Attorney under the new administration of Ulysses S. Grant. Grant eventually did reappoint Starbuck in 1870. In 1872, when the state was divided into eastern and western districts, Starbuck was made the first U.S. attorney for the western district, while his old post in Raleigh, now the eastern district, went to Richard C. Badger. In 1876 he was replaced in the western district by Virgil S. Lusk.

In 1880, Starbuck was one of ten men appointed to a committee to select Republican delegates from the state of North Carolina to vote in the 1880 National Convention. The other nine members of the committee were lawyer^[12] and Collector of the Port of Wilmington W. P. Cannady, former District 1 State Senator from Pasquotank County^[13] C. W. Grandy, D. A. Jenkins, James H. Harris, Orlando Hubbs, Col. Lott Williams Humphreys,^[14][15] the state Collector of Internal Revenue Dr. John James Mott, former District 7 Collector^[16] Pinkney Rollins, who was at the time of his committee appointment a Clerk in the Loans Division of the Treasury Department, and the committee's chairman Col. Thomas B. Keogh. Before the committee first met on January 29, 1880, it was believed that all members of the committee were supporters of president Grant, with the exception of Cannady, who was widely known to be a fervent supporter of Secretary Sherman. However, by the day of the committee meeting, when delegates would be elected, 5 new members had shifted their allegiances to Sherman. Among those five, were Darius Starbuck, along with Grandy, Harris, Mott, and Rollins. It was revealed, according to a nationally syndicated newspaper account which ran in the The New York Times, that Cannady, after having been privy to a personal conference with Sherman, had agreed to secure other committee members' loyalties by promising favors and government office appointments. If a majority could be made within the state committee of Sherman supporters, the delegate selection could be packed with Sherman supporters. According to the article, originally published in a Raleigh newspaper on February 3, "Cannady, casting around for the next capture, fixed his eye upon D. H. Starbuck, of Winston." — "[He] has been in very comfortable worldly circumstances ever since [his time as US Attorney], for such an office can be made profitable." — "It was not known that Starbuck still had any hard feelings about [Grant's choice not to reappoint Starbuck as US Attorney], but Cannady knew his man. To [Starbuck] was sent [former] Senator Joseph C. Abbott, now a Special Agent of the Treasury at $6 per day, with duties to secure Sherman delegates. Abbott approached Starbuck on the sore side of the lost District Attorneyship; he vividly portrayed to him his injuries in being so unjustly displaced, and insinuated that it would be the easiest thing in the world to get back again, especially as the term of Mr. Lusk, the present United States District Attorney, expired in May next. All he had to do was come out for Sherman. Starbuck came out." The author went on to write that two days before the committee was to meet, "[Starbuck] declared his conviction that the interests of [himself] and the Republican Party demanded the election of Sherman delegates to the National Convention —— Mr. Starbuck to be one of them." To be stated more clearly, Starbuck chose to nominate himself as one of his state's delegates at the Republican National Convention.^[17] In a follow-up to that report, first published on March 10, it was said that, "There [had] been so much disgust at the action of the State Committee on the 29th of January, that it is now asserted that Messrs. J. H. Harris and D. H. Starbuck have recanted and are for Grant. The pressure may become so great that they will properly represent the sentiment of the party at Chicago, but their action cannot be foretold." It was also reported at this time that a new appointment deal had been struck with Starbuck in the event of a presidential win for Sherman. Gen. Rufus Barringer was to have been given the appointment of US Attorney for the Western District, though the choice to remove Lusk from his post had not yet been definitively decided, as Lusk had recently declared support for Sherman. Even so, the likelihood of Barringer's appointment was still considered to be "probable", as Lusk had "been compelled in the execution of his office to make himself very unpopular, and [had] no influence in his district." Now, "Starbuck stipulated that if Sherman succeeded, he [Starbuck] should succeed Dr. W. H. Wheeler as the Collector of the Fifth District." This decision was made because of Wheeler's allegiance to Grant.^[18] John Sherman did not become president, nor did he win his party's nomination. Starbuck was never appointed as District 5 Collector.

In the years following Starbuck's fade from political life, he returned to his law practice in Forsyth. He was mentioned by name in the biography of John Cameron Buxton. In it, it is said that by the time of Buxton's arrival in Winston around 1875, "Watson and [William B.] Glenn"^[19] — "[with] Colonel Joseph Masten, and Judges [Thomas] J. Wilson and D. H. Starbuck had the entire [law] practice of Forsythe County." It goes on to say that Masten, Wilson, and Starbuck soon there after "retired on account of age", creating a void in the city's law practice which Buxton was able to, in part, help fill.^[20]

Following Starbuck's death in 1887, his only son, Henry Reuben Starbuck, took over the family's law practice. Henry attended the Salem Boys School as a child, and graduated from the University of North Carolina with a BA degree. Henry spent a year studying law under Col. George Nathaniel Folk in Caldwell County. He was admitted to the bar by 1888. After having received his own license two years prior in 1886, Adolphus Hill Eller moved to Forsyth, where he became a partner with Henry in the family practice. Henry Starbuck met Eller while they were both attending the University of North Carolina, where the two were roommates. Henry Reuben Starbuck was elected as a Superior Court Judge in 1894. Upon his elevation to the bench, Eller took over the former Starbuck offices alone. Later, in 1913, Eller added Richard Gordon Stockton as a new partner.^[21] Henry Reuben Starbuck kept his position as Superior Court Judge for eight years. He was elected to the North Carolina Senate in 1909 and 1911. In 1925 the state legislature appointed him as the first Judge of the newly created Forsyth County Court, where he was reappointed by the Governor for three additional terms. After his time in the Forsyth County Court, Henry Reuben returned to law practice with his son William. He continued to practice until a few months before his death in 1958.^[22]

Personal life

Starbuck's mother died on July 17, 1840 at the age of 50. She was buried in the Dover Friends Meeting Church Cemetery in Colfax, where the family attended meetings.^[4] Darius was 21 years old at the time of his mother's death. Uriel, Starbuck's oldest brother, was disowned in the Dover Friends Meeting Church records on May 27, 1841. Following his brother's dismissal, Darius himself was disowned from the Quaker church on March 30, 1843.^[8] On July 14, 1844, his youngest sister Matilda died at the age of 10 and was also buried in the Dover Friends Meeting Church Cemetery.^[23] Uriel died at the age of 30 on November 23, 1844. Though Uriel had been disowned by the church, he was still allowed burial with his family in the church's cemetery.^[24] His oldest sister Melinda died on December 12, 1846 at the age of 34, she was also buried with her family.^[25] Respectively, Darius was 24, 25, and 27 at the times of his siblings' deaths. Starbuck's father, Reuben, remarried some time after 1845 and before 1850. Reuben's second wife was Rachel Trueblood Stanley.^[26] Her birth was recorded on November 21, 1809 in Guilford County, the daughter of Isaac and Mary Outland Trueblood.^[1] Rachel's first husband, Jesse Stanley, died around 1845.^[27] Starbuck's brother Elihu was disowned by the Quaker church on August 29, 1850, and his brother Thomas Clarkson on May 29, 1858.^[8]

On February 24, 1840 Darius Starbuck was written into the will of his "friend" Thomas Adams of Stokes County, Starbuck was also named executor. This was witnessed by Thomas J. Wilson. In the will, Starbuck was named heir of a family of slaves Adams owned after the death of his wife Lucy, on the condition that Starbuck would emancipate them "as soon as the law will allow." They were named Syphax, Letty, and their children Syphax L., Mary Addine (Mary Magdeline), and Sarah Jane (Sally).^[28] The will was notarized on 15 July 1843.^[29] On June 22, 1844, however, Starbuck purchased the family for $85.20. The Adams' were to continue using the family for labor until both Thomas and Lucy died, but under the new terms Starbuck was to instead free the family after they had "worked out the consideration money and interest", essentially a form of indentured servatude in which the family had to work for Starbuck until the price Starbuck paid for them (with interest) was returned to him either in labor or in money. This bill of sale also mentions two more children, Emeline (Nancy Adeline) and Lewis. At the time of purchase in 1844 Syphax was aged about 26 and his wife Letty was about 30. This deed of sale was witnessed by John Hasten, who had to confirm this in court in April 1845.^[8] The estate files of Thomas Adams were probated in 1848.^[29]

Starbuck is believed to have moved to Winston-Salem around 1849 when he purchased three lots (lots 50, 51, and 52) for $503 during one of the earliest land auctions in Winston.^[8][30][31] At the age of 30, Starbuck appears in the 1850 Census living at the residence of landlord Adam Butner. Along with Butner's wife and seven children, Augustus Staub (a farmer from Prussia) and Rufus Watson Wharton (a lawyer from Beaufort County) are also listed as residents in the home.^{[7][9][32][33]} According to the Slave Schedule of that year, Darius owned one male slave who was recorded as being 37 years old,^[34] this may have been Syphax Adams who appears from his fluctuating age in written records to have not known his exact age.^[8][29][28] Sometime after the 1850 census and before a special state census which was conducted on July 22, 1852, Darius's younger brother Benjamin moved to Warren County, Iowa.^[35][36] Darius was about 32 years old at the time of his brother's departure to the west. At least one letter survives that attests Darius maintained contact with Benjamin after the move.^[37] Around 1851 Starbuck built his home in Winston on the lots he purchased about two years prior.^[30] The property was later sold to the city to build the Winston-Salem City Hall.^[22][30]

Darius married Ellen Blickensderfer on January 1, 1856 in Lancaster County, Pennsylvania. Their wedding announcement ran in the Raleigh Register on January 23, 1856.^[38] Ellen was born February 14, 1834 in Lititz, Pennsylvania. She was the daughter of Henry Blickenderfer (1808 - January 31, 1896)^[39] and Elvina Lucinda Beitel Blickenderfer (March 13, 1812 - January 17, 1904).^[40][41] However, soon after moving to the Moravian settlement in Salem in 1844 (about age 10),^[42]:4762 Ellen was adopted by Dr. Friedrich Heinrich Schumann (Frederick Henry Shuman) and his second wife Theodora Schultz Schumann (Shuman). As stated in congregational records of the Salem Moravian Church on June 4, 1844, "Dr. Schumann has adopted the girl Ellen Blickensdoerfer from Lititz."^[42]:4782 Ellen and Darius were residents of Forsyth County throughout most of their lives. The couple had three children.^[43]

Starbuck's father, Reuben, died on October 4, 1880.^[44] Darius Starbuck died on May 26, 1887. He was buried in Winston-Salem, North Carolina at "God's Acre" Salem Moravian Graveyard.^[2] After her death on March 8, 1920 in Old Richmond, North Carolina,^[41] his wife Ellen was buried next to him.^[45] Ellen's adoptive parents, as well as her adoptive father's prior wife Johanna (Jane) Salome Leinbach Schumann (Shuman), are also buried in the Moravian cemetery in Salem.^[46]

Children

with Ellen Blickensderfer Starbuck

1. Mary Theodora Starbuck Elbert
   • Birth: October 14, 1856 in Forsyth County, North Carolina, USA
   • Marriage: September 29, 1877 in Forsyth County, North Carolina, USA
     • Spouse: Eugene A Ebert (May 27, 1850 - April 18, 1821)
   • Death: February 29, 1924 in Forsyth County, North Carolina, USA
   • Burial: March 2, 1924 at "God's Acre" Salem Moravian Graveyard in Winston-Salem, Forsyth County, North Carolina, USA^[47]
2. Ella R. Starbuck Montague
   • Birth: July 25, 1859 in Winston-Salem, Forsyth County, North Carolina, USA
   • Marriage: December 4, 1879 in Forsyth County, North Carolina, USA
     • Spouse: Dr. Seth Jones Montague (September 26, 1850 - January 28, 1936)
     • Spouse's father: Dr. Henry Walter Montague (December 3, 1801 - December 2, 1887)
     • Spouse's mother: Ann Elizabeth Jones Montague (April 8, 1817 - March 27, 1893)
     • Family Residence: Harmony Plantation
   • Death: January 7, 1910 in Winston-Salem, Forsyth County, North Carolina, USA
   • Burial: Salem Cemetery; Winston-Salem, Forsyth County, North Carolina, USA ^[48]
3. Henry Reuben Starbuck
   • Birth: August 15, 1866 in North Carolina, USA
   • Marriage: 1891 in USA
     • Spouse: Nancy Lee "Nannie" Agurs^[22] (November 14, 1867 - October 21, 1913)
     • Spouse's father: Capt. John Lafayette Agurs (September 6, 1824 - January 20, 1904)
     • Spouse's mother: Mary Mobley Agurs (July 2, 1837 - April 25, 1914)
   • Residence: Conrad-Starbuck House
   • Death: June 21, 1958 in Winston-Salem, Forsyth County, North Carolina, USA
   • Burial: Salem Cemetery; Winston-Salem, Forsyth County, North Carolina, USA ^[49]

Ancestry

Darius is the descendant of Nantucket, Massachusetts settler Peter Foulger and his wife Mary Morrell Foulger through two family lines, (1) starting with their son Eleazer Folger (1648-1716) and his wife Sarah Gardner Folger (c. 1651-1792), and (2) their daughter Experience Folger Swain (1663/68-1739) and her husband John Swain (c. 1664-1738). Darius is a descendant of both siblings through his paternal grandmother Rachel Folger Starbuck (December 30, 1747 - August 30, 1842).^[50][51] Through both siblings Darius is the first cousin four times removed of Benjamin Franklin. He is also a descendant of the Starbuck Family of Nantucket, known for whaling. The family is an inspiration for the Moby-Dick character Starbuck, who is the namesake of Starbucks Coffee.

Sources

• The Papers of Ulysses S. Grant: June 1, 1871-January 31, 1872
• Forsyth County Historical Association
• Ancestry.com Historical Records Search

References