In 1801, John and Richard Penn, heirs of William, brought a federal lawsuit seeking compensation for the uncultivated lands of Delaware which they claimed they were entitled to as former proprietors.
The damages they sought were allowed under the Midnight Judges Act signed into law by President John Adams before the end of his term.
The Act was repealed in 1802.
In 1804, the case was heard in a trial at the New Castle Court House.
The case was notable for the prominence of the legal teams assembled on each side.
The Penns were represented by Jared Ingersoll, Joseph McKean (son of Thomas), and Moses Levy; the state of Delaware was represented by Caesar A.  Rodney, James A. Bayard, Sr.,
George Read, Jr., and state Attorney General Nicholas Van Dyke, Jr..
Presiding over the case was U.S. Judge Gunning Bedford, Jr. and Justice Samuel Chase.
After hearing the legal arguments from each side, Chase determined that the repeal of the 1801 Act left the court without authority to decide the case, and he dismissed it with a memorable opinion:
The question is whether this Court now have a jurisdiction, not whether they have had.
The question is very different whether Judicial power extends to a particular case & whether the jurisdiction of a particular Court embraces the case.
Congress has certainly power to vary a jurisdiction created by Statute—tho not by Constitution.
The question here is whether there is a statutory jurisdiction.
This is to be determined by the consideration whether we are to be governed by Statute in force or repealed.
The Act of 1801 is repealed without a saving.
This is not an ex post facto law—it is retrospective as to rights, I agree, but against no part of the Constitution.
I know that in England construction has gone a great way in construction of the words of Statutes.
This doctrine I explode.
If the words of Statutes are clear, I am bound, tho the provision be unjust.
This I hold to be the duty of an American Judge.
A Judge has in this Country only to say Sic lex est scripta.
Here is a Statute which gave a jurisdiction.
It has been repealed.
What are we to do.
No power remains.
The law repealed is dead & is as if it never existed.

The Penns had Lord Gambier bring the claim up to Bayard when the two were negotiating the Treaty of Ghent, but Bayard claimed he had no authority to negotiate the issue, and the Penns made no further legal attempts at the claim.
In 1801, John and Richard Penn, heirs of William, brought a federal lawsuit seeking compensation for the uncultivated lands of Delaware which they claimed they were entitled to as former proprietors. The damages they sought were allowed under the Midnight Judges Act signed into law by President John Adams before the end of his term. The Act was repealed in 1802. In 1804, the case was heard in a trial at the New Castle Court House. The case was notable for the prominence of the legal teams assembled on each side. The Penns were represented by Jared Ingersoll, Joseph McKean (son of Thomas), and Moses Levy; the state of Delaware was represented by Caesar A.  Rodney, James A. Bayard, Sr., George Read, Jr., and state Attorney General Nicholas Van Dyke, Jr..
Presiding over the case was U.S. Judge Gunning Bedford, Jr. and Justice Samuel Chase. After hearing the legal arguments from each side, Chase determined that the repeal of the 1801 Act left the court without authority to decide the case, and he dismissed it with a memorable opinion:
The question is whether this Court now have a jurisdiction, not whether they have had. The question is very different whether Judicial power extends to a particular case & whether the jurisdiction of a particular Court embraces the case. Congress has certainly power to vary a jurisdiction created by Statute—tho not by Constitution. The question here is whether there is a statutory jurisdiction. This is to be determined by the consideration whether we are to be governed by Statute in force or repealed. The Act of 1801 is repealed without a saving. This is not an ex post facto law—it is retrospective as to rights, I agree, but against no part of the Constitution. I know that in England construction has gone a great way in construction of the words of Statutes. This doctrine I explode. If the words of Statutes are clear, I am bound, tho the provision be unjust. This I hold to be the duty of an American Judge. A Judge has in this Country only to say Sic lex est scripta. Here is a Statute which gave a jurisdiction. It has been repealed. What are we to do. No power remains. The law repealed is dead & is as if it never existed.
The Penns had Lord Gambier bring the claim up to Bayard when the two were negotiating the Treaty of Ghent, but Bayard claimed he had no authority to negotiate the issue, and the Penns made no further legal attempts at the claim.
New Castle Court House Museum