Melville Fuller

“ Counsel contend with great ability that the law under consideration is necessarily subject to being impaled on one or the other of two horns of a dilemma, either inflicting a fatal wound. The one alternative is that the law delegates to the District of Columbia criminal court the exclusive jurisdiction and power to punish as contempt the acts denounced, and thus deprives the houses of congress of their constitutional functions in the particular class of cases. ”

“ Reference is there made to the case of William Blount, who was expelled from the senate in July, 1797, for 'a high misdemeanor entirely inconsistent with his public trust and duty as a senator.' The offense charged against him, said Mr. Justice Story, was an attempt to seduce an American agent among the Indians from his duty, and to alienate the affections and confidence of the Indians from the public authorities of the United States, and a negotiation for services in behalf of the British government among the Indians. ”

“ In our opinion, the law is not open to constitutional objection, and the record does not exhibit a case in which, on any ground, it can be held that the supreme court of the District, sitting as a criminal court, had no jurisdiction to render judgment. ”

“ The senate, by the action taken, signifying its judgment that it was called upon to vindicate itself from aspersion, and to deal with such of its members as might have been guilty of misbehavior, and brought reproach upon it, obviously had jurisdiction of the subject-matter of the inquiry it directed, and power to compel the attendance of witnesses, and to require them to answer any question pertinent thereto. ”

“ The history of congressional investigations demonstrates the difficulties under which the two houses have labored, respectively. in compelling unwilling witnesses to disclose facts deemed essential to taking definitive action ”