exclusive power to extinguish that right, was vested in that government which mi constitutionally exercise it. {E} The act in UTE! in Vrrginia, proceeded to annul all made by Indians to individuals, for the private use of purchasers. The exclusive I' purchase from the Indians resided in the government. [7") The lands in controversy within the chartered limits of 1inr'ginia, and were ceded with the whole country no of the river Ohio. This grant contained reservations and stipulations, which could o made by the owners of the soil; and concluded with a stipulation, that "all the land ceded territory, not reserved, should he considered as a common fund, for the use benefit of such of the United States as have become, or shall become, members of confederation,rr Etc. \"according to their usual respective proportions in the general and expenditure, and shall be faithfully and bona fide disposed of for that purpose, for no other use or purpose whatsoever." (8} The US maintains, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degr sovereignty, as the circumstances of the people would allow them to exercise. {Ell} absolute must be an exclusive title which is that of the crown, subject only to the I right of occupancy, and the crown has the right to extinguish that right. (Ill) If the