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United States v. Tynen U.S. 88 (1871)

handle is hein.slavery/ussccases0375 and id is 1 raw text is: UNITED STATES V. TYNEN. [Sup. Ct. Syllabus. to the question before us can.be made between the case of an appeal under the act of 1803, and of a writ of error; and that the decisions referred to directing the dismissal of the latter from the docket for want of jurisdiction, apply with equal force to the former. This result disposes of the mo- tions on the part of the appellant to amend the petition of appeal, citation, and bond, and also the motion to amend The libel. MOTION TO DISMISS GRANTED. Mr. Justice SWAYNE (with whom concurred Mr. Justice BRADLEY) dissenting: I dissent from the conclusions announced by the court in this case. The defect objected to is, in my judgment, amend- able under the 32d section of the Judiciary Act of 1789, and I think an amendment should be permitted to be made. UNITED STATES V. TYNEN. 1. When there are two acts of Congress on the same subject, and the latter act embraces all the provisions of the first, and also new provisions, and imposes different or additional penalties, the latter act operates, without any repealing clause, as a repeal of the.first. Accordingly, the thirteenth section of the act of Congress of 1813 for the regulation of seamen on board the public and private vessels of the United States, which defined certain offences against the naturaliza- tion laws, and prescribed their punishment, was held to be repealed by the act of Congress of 1870, to amend the naturalization laws, and to punish crimes against the same, and for other purposes,. which de- clared not only that the commission of the several acts mentioned in the thirteenth section of the law of 1813 should constitute a felony, but that also a great number of other acts of a fraudulent character, in con- nection with the naturalization of aliens, should constitute a similar offence, and made the infliction of a larger punishment for each offence discretionary with the court. 2. By the repeal of an act, without any reservation of its penalties, all criminal proceedings taken under it fall. There can be no legal con- viction, nor any valid judgment pronounced upon conviction, unless the law creating the offence be at the time in existence.

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