by John Marshall Harlan

“ On the same principle, parol testimony to show that the land covered by a patent of the United States to a settler under the pre-emption laws was such swamp and overflowed land must be held to be inadmissible to defeat the patent. It is the duty of the land department, of which the secretary is the head, to determine whether land patented to a settler is of the class subject to settlement under the pre-emption laws, and his judgment as to this fact is not open to contestation in an action at law by a mere intruder without title. ”

“ The defendant based his claim on a patent issued by the United States in 1857 under the swamp land act of 1850. It thus appeared on the face of the papers-treating the grant by the swamp land act as one in praesenti, and any patent issued under it, no matter when issued, as relating to the date of the grant-that the better title was with the defendant, because the grant under which the railroad company claimed was not made until after the passage of the swamp land act. ”

“ Fyan, reaffirmed the general doctrine (to which there are some recognized exceptions, nor important to be here stated) that, when the law has confided to a special tribunal the authority to hear and determine certain matters arising in the course of its duties, the decision of that tribunal, within the scope of its authority, was conclusive upon all others. ”