blackmer argued january decided february karl schulyer denver george gordon battle new york city frederick de faust charles wilson washington eugene millikin denver petitioner attorney general atlee pomerene sp counsel leo rover washington frank harrison cleveland ohio brief cleveland ohio chief justice hughes delivered opinion petitioner harry blackmer citizen resident paris france adjudged guilty contempt district columbia failure respond subpoenas served upon france requiring appear witness behalf criminal trial two subpoenas issued appearances different times separate proceeding respect two cases heard together fine costs imposed case satisfied property petitioner seizer order decrees affirmed appeals district granted writs certiorari subpoenas issued served proceedings punish contempt taken provisions act july stat tit usca statute provided whenever attendance trial criminal action witness abroad citizen domiciled therein desired attorney general assistant district attorney acting judge action pending may order subpoena issue addressed consul served personally upon witness tender traveling expenses sections act usca upon proof service failure witness appear may make order requiring witness show cause punished contempt upon issue order may direct property belonging witness within may seized held satisfy judgment may rendered proceeding sections usca provision made personal service order upon witness also publication newspaper general circulation district sitting section usca upon hearing charge sustained may adjudge witness guilty contempt impose upon fine exceeding satisfied sale property seized section usca statute proceedings petitioner assailed repugnant constitution first principal objections statute violates due process clause fifth amendment contentions power authorize consuls serve process except permitted treaty act provide valid method acquiring judicial jurisdiction render personal judgment defendant judgment property act require actual notice defendant offense government claim property provisions hearing judgment entire absence accused without consent invalid act capricious unreasonable appears petitioner removed residence france year undisputed continued citizen continued owe allegiance virtue obligations citizenship retained authority bound laws made applicable foreign country thus although resident abroad petitioner remained subject taxing power cook tait disobedience laws conduct abroad subject punishment courts man respect exercise authority question international solely purport municipal law establishes duties citizen relation government legislation congress unless contrary intent appears construed apply within territorial jurisdiction question application far citizens foreign countries concerned one construction legislative power american banana fruit ann cas bowman supra robertson labor board doubted possesses power inherent sovereignty require return country citizen resident elsewhere whenever public interest requires penalize case refusal compare bartue duchess suffolk case dyer eng knowles luce moore eng england prerogative ereign respect pertains constitutional system national authority may exercised congress virtue legislative power prescribe duties citizens also beyond controversy one duties citizen owes government support administration justice attending courts giving testimony whenever properly summoned blair congress may provide performance duty prescribe penalties disobedience present instance question concerns method enforcing obligation jurisdiction absent citizen far binding effect legislation concerned jurisdiction personam personally bound take notice laws applicable obey bowman supra exercise judicial jurisdiction personam must due process requires appropriate notice judicial action opportunity heard notice opportunity statute provides authority require absent citizen return testify necessarily implies authority give notice requirement attendance needed appropriate congress authorize direct notice given customary form subpoena obviously requirement nugatory provision made communication witness foreign try efficacy attempt provide constructive service country rest upon presumption notice given manner calculated reach witness abroad mcdonald mabee question validity provision actual service subpoena foreign country one arises solely government citizen mere giving notice citizen foreign country requirement government shall return sence invasion right foreign government citizen standing invoke supposed right consular privileges foreign countries appropriate subjects follow every act consul communicating citizens country must predicated upon specific provision treaty intercourse friendly nations permitting travel residence citizens territory presupposes facilitates communications selecting consul service subpoena congress merely prescribed method deemed assure desired result sense essential consul directed perform function involving consular privileges depending upon treaty relating simply act designated person might act government conveying citizen actual notice requirement attendance point raised petitioner respect provision service subpoena abroad without merit congress define obligation prescribe penalty enforce default lay disobedience authorized direction constituted contempt congress provide procedure appropriate contempt cases provision statute punishment contempt applicable proof made service default section usca proof affords proper basis proceeding provision made personal service upon witness order show cause adjudged guilty reasons sustain service subpoena abroad competent provide service order like manner hearing pursuant order show cause upon proof sustaining charge impose penalty petitioner urges statute require notice offense order show cause issued witness failed obey subpoena demanding attendance order made required appear sufficient apprise witness nature proceeding full opportunity heard contention made offense criminal one violation due process hold hearing proceed judgment absence defendant argument misconstrues nature proceeding contempt may offense law subject appropriate punishment certain since foundation government proceedings punish offenses regarded sui generis prosecutions within sixth amendment common understanding myers see also bessette conkey michaelson ex parte grossman requirement due process case satisfied suitable notice adequate opportunity appear heard cf cooke authorization seizure property belonging defaulting witness within upon issue order show cause punished contempt section act usca affords provisional remedy propriety rests upon validity contempt proceeding witness liable punishment fine upon hearing found guilty contempt reason appears property may seized provide security payment penalty proceeding conforms familiar practice absence circumstance makes provisional remedy appropriate see cooper reynolds wall order served upon witness contains direction seizure property held pending hearing applied satisfaction fine imposed unless paid given obligation witness respond subpoena showing default service validity provision fine case default excused basis objection seizure upon constitutional grounds argument statute creates unreasonable classification untenable disobedience defaulting witness lawful requirement fact owns property ground liability subject unconstitutional discrimination simply property may appropriated satisfaction lawful claim second already said also disposes contention statute provides unreasonable search seizure violation fourth amendment authorizes levy upon property witness place within manner provided law rule levy seizure execution levy manner either provisionally finally satisfy liability owner within constitutional prohibition petitioner raises distinct point statute limits availability subpoena government excluding defendants criminal prosecutions right subpoena violates provision sixth amendment accused shall process obtaining witnesses favor need consider whether statute requires construction petitioner contends event petitioner recalcitrant witness entitled raise question nelson southern railway king jeffrey manufacturing blagg blair supra page third statute valid question remains procedure application petitioner insists showing issue subpoenas requiring attend inadequate showing required purpose satisfying subpoenas issue petitions instant cases presented judge official representatives government statement materiality importance testimony expected witness unquestionably sufficient give jurisdiction issue subpoenas unless vacated upon proper application petitioner bound obey necessary subpoenas statute issued petitioner citizen chargeable knowledge law attendance witness required sufficient subpoenas required attendance testify behalf time place stated equally unavailing objection petitioner refused appear response subpoenas orders show cause punished contempt specify offense statute prescribed served subpoenas defaulted also served order directed show cause adjudged guilty contempt provided seizure property held satisfy judgment might rendered proceeding notice thus received sufficient inform character charge hearing opportunity present defense petitioner also insists seizure made case abandoned virtue seizure property order issued second levy antagonistic first proceedings consistent contention made petitioner subpoenaed attend april case testimony desired tried april suggestion petitioner appeared april compliance subpoena record shows case subpoenaed continued later date subpoena contained usual provision witness depart without leave district attorney cf rev stat tit usca duty petitioner respond subpoena remain attendance excused government representatives decrees affirmed justice roberts took part consideration decision case footnotes act follows enacted senate house representatives america congress assembled whenever letters rogatory shall issue either without interrogatories addressed foreign country take testimony witness citizen domiciled therein witness personally notified according practice appear testify pursuant letters rogatory witness shall neglect appear appeared shall decline refuse neglect answer question may propounded authority required make answer examined issuing letters said letters issued may upon proper showing order subpoena issue addressed consul within country witness may commanding witness appear said time place therein designated whenever attendance trial criminal action witness citizen domiciled therein beyond jurisdiction desired attorney general assistant district attorney acting judge action pending sit trial may upon proper showing order subpoena issue addressed consul within country witness may commanding witness appear said time place therein designated shall duty consul within country witness may request clerk issuing subpoena act request officer causing subpoena issued serve personally upon witness also serve orders show cause rules judgments decrees requested marshal make return thereof issued first tendering witness amount necessary expenses traveling place sits attendance thereon amount shall determined judge issuing order subpoena supplied consul making service witness served shall neglect refuse appear subpoena directed issued shall upon proof made service default issue order directing witness appear time order designated show cause adjudged guilty contempt punished accordingly upon issuing order may upon giving security damages recusing witness may suffered charge dismissed except security shall required direct part order property recusing witness place within much thereof value may direct shall levied upon seized marshal said manner provided law rule levy seizure execution held satisfy judgment may rendered witness proceeding instituted marshal made levy shall thereupon forward consul country recusing witness may copy order show cause witness adjudged guilty contempt request said consul make service personally upon recusing witness shall cause published order show cause sequestration property witness newspaper general circulation district within issuing order sits week six consecutive weeks return day order later day hearing may continued proof shall taken charge recusancy witness shall sustained shall adjudge guilty contempt notwithstanding limitation upon power generally punish contempt impose upon fine exceeding direct amount thereof costs proceeding satisfied unless paid sale property witness seized levied upon sale conducted upon notice required manner provided sales upon execution judgment rendered pursuant act upon service publication may opened answer within time manner provided section judicial code law nations prevent state exercising jurisdiction subjects travelling residing abroad since remain personal supremacy oppenheim international law ed vol story conflict laws ed moore international law digest vol pp hyde international law vol borchard diplomatic protection citizens abroad pp compare nereide cranch rose himely cranch apollon wheat schibsby westenholz illustrations acts congress applicable citizens abroad provisions found chapter criminal code relating operations government tit usca bowman provisions relating criminal correspondence foreign governments act january stat tit usca see also hyde op vol pp instant case present questions arise cases obligations inherent allegiance involved see pennoyer neff galpin page wall harkness hyde riverside dan river cotton mills menefee mcdonald mabee wuchter pizzutti cf dainese hale ross see also tit et seq usca et seq hyde op sec pp