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.

"Spain though deriving a grant from the Pope, was compelled to rest her title on discovery ; Portugal to the Brazils ; France to Canada, Acadia, and Louisiana ; Holland to the discoveries of Henry Hudson. England, though she wrested the Dutch possessions on the ground of pre-eminent right, asserted it on the same principle, tracing her right to the discover}' of the Cabots, though they merely sailed along the coast of America, and extending her claim from 34° to 48° of north latitude. This principle of ultimate domain, founded on discovery is recognized in the wars, negotiations, and treaties of the European nations claiming territory in America. Such were the contests of France and Spain as to the territory on the north coast of the Gulf of Mexico ; between France and Great Britain from their nearly contemporaneous settlements, till the treaty of Paris in 1763, when France ceded and guaranteed to Great Britain, Nova Scotia or Acadia, Canada and their dependencies. The cessions and reti-ocessions of the European powers in America were all made while the greater portion of the territories so ceded and retroceded were in the