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The freedmen planted their crops early in the season, under the direction of an Agent paid by the Government, and received government rations, it having been distinctly understood with them that in return for the rations and other necessary expenses the Government should receive half of the crop.

It was not merely the case of land "cultivated by freedmen" referred to in Circular No. 3 of this Bureau approved by the Sec'y of War, but of land within the custody and under the direct control of the Government, and worked in great measure at Government expense.

Had it been otherwise Mr. Middleton could not have claimed the benefits of Circular No. 3, because he was a "disloyal person", not receiving his "special pardon" from the President until very recently, and under the circular "the application for the restoration of their lands by this class of persons was "in no case" to be entertained by any military authority."

The "prescribed oath" referred to could avail him nothing, because he was excepted from amnesty, and required a "special pardon". Having abandoned his property he was not qualified to make a contract