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described in the 4th section of the act.

It was intended that the lands should be made use of to conserve the interests of the refugees and freedmen, and that so far as it might be necessary for the Commissioner to supervise, manage, and control the lands in order to execute the primary design of Congress, which was to provide, as I have said, for loyal refugees and freedmen, it was intended that he should exercise authority over them. In other words, his authority with regard to the lands is, in the contemplation of the statute, an incident of his power in regard to the persons mentioned in the act.

This is the spirit, I believe, of the legislation, and so interpreting the act, I am of opinion that it is the duty of the Commissioner to take and have control of only such portions of the lands described in the statute as he may, in the exercise of the authority given to him by the act, and under the direction of the President, set apart for the use of loyal refugees and freedmen.

Very respectfully, 
Your obedient servant, 
(Signed) James Speed, 
Attorney General.

Official Copy
J. S. Fullerton
Asst. Adjt. Genl.

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