In Jonathan Meredith and Thomas Ellicott v. The United States, the plaintiffs in error argued that they were entitled to compensation for damages caused by a government surveyor who had trespassed on their land while surveying public lands. The Supreme Court held that the trespass was not actionable because it did not cause any actual damage or injury to the plaintiffs' property rights. Furthermore, since there was no legal remedy available for such an act of trespass, the court concluded that no award of damages could be made against either party. This decision established an important precedent regarding governmental immunity from liability when conducting surveys on private property without permission or consent from landowners.

In the case of Jonathan Meredith and Thomas Ellicott v. The United States, the plaintiffs argued that they were entitled to compensation for damages caused by a government surveyor who had trespassed on their land while surveying public lands in Ohio. The Supreme Court disagreed with this argument, finding that no such right existed under existing law or common law principles. Justice McLean dissented from this opinion, arguing that it was unjust to allow an agent of the government to trespass on private property without any liability whatsoever. He further noted that if there was no remedy available for such wrongs then individuals would be left powerless against agents of the federal government who could act with impunity when dealing with private citizens' property rights. In conclusion, Justice McLean believed that allowing a surveyor's trespass without consequence would lead to injustice and should not be allowed under American jurisprudence.