" Fourthly, The ultimate dominion was asserted, and, as a consequence, a power to grant the soil while yet in the possession of the Natives. Hence, such dominion was incompatible with an absolute and complete title in the Indians. Consequently thej' had no right to sell to any other than the government of the first discoverer, nor to private citizens without the sanction of that government. Hence the Indians were to be considered mere occupants, to be protected indeed while in peace in the possession of their lands, but with an incapacitj' of transferring the absolute title to others.

" Fifthly, The United States have acceded to those principles which were the foundation of European title to property in America. The Declaration of Independence gave us possession, and the recognition of Independence by Great Britain gave title to all the lands within the boundary lines described in the treaty that closed onr revolutionary war, subject only to the Indian right of occupancy, and we thus became possessed of all the right Great Britain had, or which before the separation the provinces possessed, but no more. Hence the exclusive power to extinguish tliat right, was vested in that government whicli might constitutionally exercise it. Therefore each State before the Union in 1789, and each State since, (within its circumscribed territorial jurisdiction) possessed, and possesses, by its government the exclusive right to purchase from the Indians.

""Sixthly, That the allodial property in the territory of this State, or that which has become exclusively vested in the United States, is solely in the governments respectively, and that no foreign grant or title can be recognized by the Courts of Justice of this State, or of the United States.