Ex parte, In the Matter of David Secombe

• Decision Date: 01 December 1856
• Citation: Ex parte, In the Matter of David Secombe, 60 U.S. 9, 19 How. 9, 15 L.Ed. 565 (1856)
• Parties: EX PARTE, IN THE MATTER OF DAVID A. SECOMBE
• Court: U.S. Supreme Court

60 U.S. 9

19 How. 9

15 L.Ed. 565

EX PARTE, IN THE MATTER OF DAVID A. SECOMBE.

December Term, 1856

THIS was a motion for a mandamus to be directed to the judges of the Supreme Court of the Territory of Minnesota, commanding them to vacate and set aside an order of the court, passed at January term, 1856, whereby the said Secombe was removed from his office as an attorney and counsellor of that court.

The subject was brought before this court by the following petition and documents in support of it:

To the Hon. the Judges of the Supreme Court of the United States:

The petition of David A. Secombe respectfully showeth:

That he resides in the city of St. Anthony, in the Territory of Minnesota; that on the ninth day of July, 1852, he was July admitted and sworn to practice as an attorney and counseller at law and solicitor in chancery of the said Supreme Court of the Territory of Minnesota, and was thereby entitled also to practice as such in the various District Courts of said Territory, as will appear by the certificate of the clerk of the said Supreme Court, hereunto annexed and made part of this petition; that from the said time up to the 5th day of February, 1856, he was a practising attorney and counsellor as aforesaid in the said courts, and solely thereby obtained the means of support for himself and his family; that on the said 5th day of February, an order of the said Supreme Court was made, and entered of record, to remove him from his said office of attorney and counsellor, and to forbid and prohibit him from practising as such attorney and counsellor in any of the said courts, an exemplification of which said order, with the certificate of the clerk of the said court accompanying the same, is hereunto annexed, and made part of this petition; that, previously to the making and entry of said order, no notice or information whatever was given to or had by him, that any accusation whatever had been made or entertained, or any proceedings had or were about to be made, entertained, or had, against or in relation to him, in the said premises; that he was not present in court at the time of the making and entry of said order, not did he have any knowledge whatever of the same until several days thereafter, and then only by rumor; that there existed no good cause whatever, as your petitioner believes, for the making of the said order; that he has no knowledge or information, or means of obtaining either, save by rumor, of the alleged cause of the making of the said order; that in consequence of the making and entry of the said order, he has been and now is hindered and prevented from practising as such attorney and counsellor in any of the said courts, and thereby has lost the said means of providing for the support of himself and his family; that he believes that the said order of court is not only in fact entirely without cause, but also in law wholly null and void; and that in the said premises 'he has been deprived of his liberty and property without due process of law.'

Wherefore, your petitioner prays that this honorable court will allow and cause to be issued the United States writ of mandamus to the judges of the Supreme Court of the Territory of Minnesota aforesaid, commanding them to vacate, set aside, and disregard, the said order of court by them made and entered, that thereby speedy justice may be done to your petitioner in this behalf; and thus will your petitioner, as in duty bound, ever pray.

DAVID A. SECOMBE.

Dated May 30, 1856-

DISTRICT OF COLUMBIA,

County of Washington, ss:

Then comes before me, personally, David A. Secombe, the above and foregoing named petitioner, and being by me duly sworn, deposes and says, that the statements made in the above and foregoing petition, by him subscribed, are true of his own knowledge, except to those matters therein stated on his information or belief; and as to those matters, that he believes them to be true.

[SEAL.] N. CALLAN, J. P.

SUPREME COURT,

Territory of Minnesota:

Ordered, That Isaac Van Etten, Theodore Parker, De Witt C. Cooley, David A. Secombe, William H. Welch, Charles L. Willis, Lucas R. Stannard, Edward L. Hall, Warren Bristol, and William H. Wood, be sworn and admitted to practice as attorneys and counsellors at law and solicitors in chancery of this court.

I, George W. Prescott, clerk of the Supreme Court above named, certify that the above is a true copy of an order of said court, entered of record upon the 'minutes of court' for and upon the 9th day of July, A. D. 1852, being the 4th day of the general term of said court for said year.

In testimony whereof, I have hereunto set my hand and affixed the seal of said Supreme Court, at St. Paul aforesaid, this 7th day of May, A. D. 1856.

GEORGE W. PRESCOTT, Clerk.

[SEAL.]

SUPREME COURT,

Territory of Minnesota:

JANUARY GENERAL TERM, A. D. 1856, 17TH DAY, TUESDAY MORNING, FRBRUARY 5, 1856.

Court met pursuant to adjournment.

Present, Chief Justice Welch and Justice Chatfield.

It appearing to this court that David A. Secombe, one of the attorneys thereof, has by his acts as such in open court, at the present term thereof, been guilty of a wilful violation of the second subdivision of section seven by chapter ninety-three of the revised statutes of this Territory, and also of a violation of that part of his official oath as such attorney by which he was sworn to conduct himself with fidelity to the court: It is therefore

Ordered, That the said David A. Secombe be and he hereby is removed from his office as an attorney and counseller of this court, and of the several District Courts of this Territory, and that he be henceforth forbidden and prohibited from practising as such attorney in any of said courts. It is further

Ordered, That the clerk of this court deliver to said David A. Secombe a copy of this order.

A true record. Attest: GEORGE W. PRESCOTT, Clerk.

I, George W. Prescott, clerk of the Supreme Court in and for the Territory of Minnesota, certify the foregoing to be a true and complete copy of the order of court made and entered of record as above set forth on said 5th day of said February, A. D. 1856; and I further certify, that the above and foregoing is the whole and entire record in any way or manner relating to the said order of court at the said term or at any other term; and that the said order was made and entered of record in the following and no other manner, to wit: On the said day, the said David A. Secombe not being present in court, as the said judges rose to leave the court room after having fixed the adjournment day for holding said court, one of the said judges delivered to the undersigned clerk the said order in writing, directing the same to be entered of record as the order of said court, and the said court was thereupon immediately adjourned to the 15th day of July then next. And no further or other order whatever in relation to the subject matter of the said order was made at the said term.

In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at St. Paul, this 7th day of May, A. D. 1856.

GEORGE W. PRESCOTT, Clerk.

[SEAL.]

SUPREME COURT OF THE UNITED STATES.

THE UNITED STATES ex relatione DAVID A. SECOMBE v. THE JUDGES OF THE SUPREME COURT OF MINNESOTA TERRITORY.

To the Judges of the Supreme Court of the Territory of Minnesota:

Please to take notice, that I shall move the Supreme Court of the...