“ Can they do it whithout inquiring into the subsequent conduct of Matthews, and determining how far the whole case entitles the party to the aid of a Court of Equity? It seems to us that they cannot. And we insist that in this Court these inquiries cannot be made: the 25th section of the judiciary act expressly forbids it.
Again; upon the construction of the acts of Congress insisted on by the plaintiff, the certificate of purchase granted to him by the Register of the land office at Marietta, on the 16th of May, 1804, vested in him a legal right to the possession of the lands in dispute. ”

“ Certainly it cannot be contended, but that the lands within the military tract, attached to the Chillicothe District, by the fifth section, might have been brought into market as soon as surveyed, without any additional legislative provision. The plaintiff is, therefore, totally mistaken, as to the legitimate consequence of giving to the 6th section an immediate operative effect. Such construction tends to bring the public lands into market, not to shut them out. ”

“ The right of every individual holding a warrant to appropriate to himself waste lands, was not more substantially, or forcibly given, by the laws of Virginia, than the right to purchase any vacant tract of the United States land is given, by the act of May 10, 1800. ”

“ The two leading points in the public policy are the same in both, that is, national strength and prosperity, and revenue; and however deeply laid in the nature of political society the right to carry on trade and commerce may be, we have, it is conceived, sufficiently shown that the right to settle and improve new land enters as deeply into the nature of political society in this country ”

“ Although no time is fixed at which that power shall be executed, yet the power itself is created, and if it exist, then it is repugnant to the previous power, given to sell at Marietta, and repeals that power. ”

“ One feature in the reason of the general rule is, that it would be practically impossible to fix on any time for laws to take effect so as that each person affected by them, or liable to be affected, could, with certainty, have notice ”

“ The payment of the money required by the act is obviously indispensable to the purchase. Without such payment, the sale prescribed by law could not be made; and certainly no sale, had the Register attempted to make one, could be valid if made in opposition to the law. But the Register has not attempted to sell, nor could Mr. ”