1822. Matthews V. Zane. The plaintiff brought an ejectment against the defendants for the lands in controversy; and, the judgment of the State Court being against him, the cause was brought by writ of error into this Court. tion, which extends the judicial power to all cases arising under treaties made by authority of the United States. This is not a case arising under the British treaty; and whether an outstanding title be an obstacle to the plaintiff's recovery is a question exclusively for the decision of the State tribunal. But it must be understood that this Court has appellate jurisdiction where the treaty is drawn in question, whether incidentally or directly. Whenever a right grows out of, or is protected by, a treaty made under the authority of the United States, it is sanctioned against all the laws and judicial decisions of the respective States; and whoever may have this right under such treaty, is to be protected. Thus, if the British subject, in whom was supposed to have been vested the outstanding title protected by the treaty, or his heirs, had claimed in the cause, it would have been a case arising under the treaty. But as neither his title, nor that of any person claiming under him, could be affected by the decision, it was held not to be a case arising under a treaty. Owings v. Norwood, 5 Cranch, 344. But where the decision is against the validity of the treaty, or against the title, specially set up by either party to the cause, under the treaty, this Court has jurisdiction to ascertain that title, and determine its legal validity, and is not confined to the mere abstract construction of the treaty itself. Smith v. The State of Maryland, 6 Cranch, 286. Martin v. Hunter, ante, vol. I. p. 304. 357. The last clause in the 25th section of the judiciary act, which restricts the grounds of reversal to such as appear on the face of the record, and immediately respect the construction of the treaty or statute in dispute, applies only to cases where the parties claim under various titles, and assert various defences, some of which may and others may not regard the construction of a treaty or In February, 1809, the judgment of the State Court was affirmed, this Court being of opinion that the erection of the Zanesville District suspended the power of selling the lands lying within that district, at Marietta. 1822. Matthews V. Zane. Court in Mat 5 Cranch, 92. opi-med. The counsel for the plaintiff contends, that several Decision of this material circumstances which are now disclosed, did thens v. Zune, not appear in that case. But the Court is of opi- revised and connion, that the additional circumstances relied on in argument can, in no degree, affect the point decided in that case, which was, that the power of selling at Marietta ceased when the new district was established, so far as respected the land in that district. This point has been re-argued with great labour and talent, and has been re-considered by the Court. The result of that re-consideration is, that the original opinion is correct. We still think, that on the passage of the act by which the District of Zanesville was created, and the land within it directed to be sold at that place, the power of selling the same land at Marietta necessarily ceased. It is, we think, impossible to look at these acts without perceiving that the lands lying in one district could not be sold in any other. Their words and their policy equally forbid it. The land in controversy might have been sold at Marietta by the Register and Receiver of that place, previous to the statute, and was intended to limit what would otherwise unquestionably have attached to this Court, the right of revising all the points in dispute, and to confine it to such errors as respect the questions specified in the section. Martin v. Hunter, ante. vol. I. 357. 1822. Matthews V. Zane. 3d of March, 1803, because it lay in the district, the lands of which were directed by law to be sold at that place by those officers. Had the land been out of that District, it could never have been sold at that place, or by those officers. When, by law, a new district was formed, comprehending this land, and its sale was directed at a different place, and by different persons, the land is placed as entirely without the District of Marietta, as if it had never been within it. The power of the officers of the land office at Marietta to sell, is expressly limited to the lands within the district; and land which ceases to be within the district, is instantly withdrawn from that power. That the effect of this construction is to suspend the sales of land in the new district until the proper officers should be appointed, does not, we think, operate against it. An immense quantity of land was in the market; and the laws furnish no evidence in support of the opinion, that the eagerness to keep the whole continually within the reach of every purchaser, was so great as to hazard the confusion which might arise from any uncertainty respecting the office at which any portion of it might be acquired. If this intention had been so predominant, the legislature would certainly have provided that the lands in the Zanesville District might still be sold at Marietta until some day to be fixed in the law by which it might be supposed that the office at Zanesville would come into operation. The omission to make such a provision forbids the opinion that Congress considered the necessity of keeping all their lands in a state to be instantly acquired, as being so urgent that a Court would be justified in construing one of their statutes contrary to its words. The known rule being, that a statute for the commencement of which no time is fixed, commences from its date, the act of the 3d of March, 1803, separated this land from the Marietta District on that day, and withdrew it from the direction and power of the officers of that district. It was legally competent to those who possess the power of appointment immediately to appoint necessary officers to carry on the sales at Zanesville, and Congress did not think proper to provide for continuing the sales at Marietta until such officers should be appointed. This Court, then, retains its opinion, that, independently of the act of the 26th of March, 1804, the entry made by Matthews on the 12th of May, 1804, would be invalid. That opinion is still further strengthed by the act last mentioned. That act, considering its 5th and 12th sections together, directs all the lands in the Zanesville District to be sold under the authority of the proper officers on the third Monday of the ensuing May. Consequently there could be no power to sell any of the land within that district at Marietta. The case of the plaintiff may be, and probably is, a hard one. But to relieve him is not within the We think the plaintiff is not power of this Court. entitled under the laws of the United States to the land he claims; and that the decree ought to be 1822. Matthews V. Zane. Rule as to the mencement of time of the com statutes. Affirmed with costs. Feb. 25th. March 2d. HOOFNAGLE and Others v. ANDERSON. A patent is a title from its date, and conclusive against all those whose rights did not commence previous to its emanation. Courts of equity consider an entry as the commencement of title, and But they never sustain an entry made after the date of the patent. APPEAL from the Circuit Court of Ohio. This cause was argued by Mr. Scott and Mr. Doddridge for the appellants, and by Mr. Talbot and Mr. Brush for the respondent. Mr. Chief Justice MARSHALL delivered the opinion of the Court. This suit was brought by the appellants, who were plaintiffs in the Circuit Court for the District of Ohio, to obtain a decree for the conveyance of a tract of land of which the respondent has the legal title. The land lies within the tract of country reserved by the Commonwealth of Virginia, out of her cession to the United States for the officers and sol |