IGOPY

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Attorney Generals 0Hce, 2d Oct, ls4s. SRI have the honor, in reply to the questions propounded in your communication of the 27th of September, to state, as my opinion:

 lst. That the relinquishment, in the man. ner proposed by the act of the Legislature of Arkansas, of the claim and improvements oi settlers upon the public lands, entitled to pre-emption, cannot be regarded as restoring the land occupied by them to the class of "public lands," within the meaning of the Sth section of the act of 4th September, 1s4l, so as to authorize said State to select the same under the provisions of that act; and, 2dly That the "public land'' referred to Tn the said 8th section, is such as answered that description at the date of the passage of the act, and the unincumbered title to which was then in the United States, unaffected by any claim or lien whatsoever.

 The papers accompanying your communi- cation are herewith returned.

 have the honor to be,

 ------ very respectfully, sir, ,-...-.--

 your ob't servant

 (Signed) JNO. NELSON Hon. J. c. SPENCER, Secretary of Treasury