the United States in trust, it shall be the duty of the Secretary of the Treasury to retain the whole, or so much thereof as may be necessary, of the percentage to which said State may be entitled of the proceeds of the sales of the public lands within its limits, and apply the same to the payment of said interest or principal or to the reimbursement of any sums of money expended by the United States for that purpose. The question, therefore, to be considered is: Has said act of August 4, 1894, as reported to Congress on February 23, 1895, been carefully, clearly, exhaustively, and equitably executed in the equal and mutual interest of the United States and of that State? Congress must ever remember that the Government of the United States stands the guardian and trustee, under sacred obligation, to guard and protect the trusts reposed in it, not only for the benefit of the Indians and their orphan children, the nation's wards at home, but in very honor, honesty, and gratitude occupy no less a relation to that generous donor-James Smithson-who, though speaking our language, yet never put foot on American soil, and who, though ever loyal to the land over which the flag of England floats, yet so loved his fellow-men and was so appreciative of the honest purposes and high destiny of our people that he bequeathed to our Government, in trust, the residue of his then large estate, to be honestly expended by us in diffusing knowledge among mankind, and in honor of whose name and high intentions the Smithsonian Institution now stands a monument beneath the very shadow of these legislative halls. But said monument thus erected was not erected with Smithson's funds, because, prior to its erection, said funds had been intrusted to the safe and sacred keeping and secure protection of the State of Arkansas, and as to how sacredly and safely said trust funds have been kept, and as to how securely they have been protected by that State, let the records presented to the Senate be the unimpeachable witnesses. The original attitude of the United States as a trustee only of said "Smithson fund" (5 U. S. Stats., 64, 267, 465) has been radically changed a change enforced by honor and honesty-so that the United States have been compelled, out of their own Treasury, to make good the default of the State of Arkansas. I wrote a letter to the Secretary of the Treasury asking him when and how this money was reimbursed by Congress to the Smithsonian Institution. Much to my surprise I was advised that there was no entry to be found upon the books of the Treasury as to when and how this money was reimbursed to the Smithsonian. A letter, however, from the Smithsonian Institution states that by a certain act of Congress, which I have not time to read or refer to [act of August 10, 1846], the money was reimbursed, as it should have been, by the United States, the United States being the custodian of that fund, and out of that money the present Smith sonian Institution was created, and out. of the annual appropriation, which amounts to 6 per cent on the land [fund] originally granted by James Smithson, that Institution is carried on and cared for by the Government, an institution which is the admiration not only of Congress but of the people of the whole United States-a people who will ever bear in mind a grateful recollection of the donor of that great fund. In order, therefore, that Congress might be fully, correctly, and officially advised as to the kind, nature, and amount of the respective claims of the United States and of the State of Arkansas, and the date when and manner in which the same arose, so as to be enabled to compromise and settle the same, Congress, on August 14, 1894, passed the act entitled "An act to authorize a compromise and settlement with the State of Arkansas." (28 U. S. Stats., 229.) On February 23, 1895, the Secretary of the Treasury and the Secretary of the Interior submitted to the Senate a report of their action had thereon, which was printed as Senate Executive Document No. 91, Fifty-third Congress, third session. Action in the Senate and House then and now seems to have been limited to making reports thereon in the Senate and House. House Report No. 1959, Fifty-third Congress, third session, seeming to contain nearly all the matters theretofore officially stated in reference to said act of August 14, 1894, a copy thereof will be submitted as a part of my remarks. From this report it is alleged and is made to appear that the State of Arkansas is indebted to the United States only in the sum of $1,611,803.61, appearing more in detail thus: ACCOUNT. The State of Arkansas in account with the United States on account of bonds issued by the State, with the interest accrued thereon, the claims of the State arising under the publicland laws of the United States, and the claim of the State for care of military prisoners, adjusted to January 1, 1895. 1. To State of Arkansas 6 per cent bonds (Nos. 1 to 500, inclusive), $1,000 each, issued January 1, 1838, and matured October 26, 1861, to secure a loan from the Smithsonian fund, held in trust by the United States, which bonds were subsequently acquired by the United States in their own right ... 2. To interest on 366 of these bonds (Nos. 135-500), at 6 per cent per annum, from July 1, 1842, to October 26, 1861 (19 years 9 months and 25 days) 3. To interest on 133 of these bonds (Nos. 1-133), at 6 per cent per annum, from July 1, 1860, to October 26, 1861 (1 year 3 months and 25 days) 4. To interest on 1 of these bonds (No. 134), at 6 per cent per annum, from July 1, 1852, to October 26, 1861 (9 years 3 months and 25 days), less $19.72 paid on one coupon in 1860... $500,000.00 425,235.00 10, 529. 17 539.44 5. To State of Arkansas bonds (6 per cent coupons) of $1,000 each, 38 in number (Nos. 282-294, 359–373, 401-410), issued January 1, 1838, to secure a loan from the Smithsonian fund, which bonds matured January 1, 1868, and now belong to the United States.. $38,000.00 59, 280.00 6. To interest thereon, at 6 per cent per annum, from January 1, 1842, to January 1, 1868 (26 years)... A statement showing the amount of bonds and interest accrued thereon to January 1, 1896, held by the United States against the State of Arkansas, disregarding all credits to which said State may be entitled on any account: 1. State of Arkansas 6 per cent bonds (Nos.1-500) of $1,000 each, issued January 1, 1838, and matured October 26, 1861, to secure a loan from the Smithsonian fund, held in trust by the United States, which bonds were subsequently acquired and are now held by the United States in their own right ... 2. Interest on 366 of these bonds (Nos. 135-500), at 6 per cent per annum, from July 1, 1842, to January 1, 1896 3. Interest on 133 of these bonds (Nos. 1-133), at 6 per cent per annum, 4. Interest on 1 of these bonds (No. 134), at 6 per cent per annum, 6. Interest thereon from January 1, 1842, to January 1, 1896, at 6 per cent per annum $500,000.00 1, 174, 860. 00 283, 290.00 2,590. 28 38,000.00 123, 120.00 [An act approved April 29, 1898, made a final compromise and settlement between the United States and the State of Arkansas. The State to pay to the United States $160,572, thus cancelling all indebtedness on the part of Arkansas for the bonds bought by the United States from the bequest of James Smithson.] April 14, 1896-House. SOCIOLOGICAL INSTITUTION. Mr. F. H. WILSON, of New York, introduced bill (H. 8192): Whereas any person or number of persons may by his or their last wills and testaments, or otherwise, give a sum or sums of money or property to the United States of America to found, at Washington, or aid and support an establishment for the increase and diffusion of sociological science among men, to be organized under this act, to be named and known as the "sociological institution;" and the United States of America may, by act of Congress, receive such sum or sums of money or such property and accept said trust or trusts for the faithful execution of all such trusts so received and accepted. Be it enacted, etc., That the President, the Vice-President, the Secretary of State, the Speaker of the House of Representatives, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Postmaster-General, the Secretary of Agriculture, the Attorney-General, the Commissioner of Labor, the Secretary of the Smithsonian Institution, the Commissioner of Education, and the Commissioner of the Patent Office, and such other persons as H. Doc. 732-111 they may elect honorary members, are hereby constituted an establishment, by the name of the sociological institution, for the increase and diffusion of sociological science among men; and by that name shall be known and have perpetual succession, with the powers, limitations, and restrictions hereinafter contained, and no other. SEC. 2. That the business of the institution shall be conducted at the city of Washington by a board of regents, named the "regents of the sociological institution," to be composed of the Vice-President, the Chief Justice of the United States, five members of the Senate, and five members of the House of Representatives, together with twelve other persons, other than Members of Congress, two of whom shall be resident in the city of Washington and the other ten shall be inhabitants of some State, but no two of them of the same State.. SEC. 3. That the regents to be selected shall be appointed as follows: The members of the Senate by the President thereof, the members of the House by the Speaker thereof, and the twelve other persons by joint resolution of the Senate and House of Representatives. The members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without reelection, their office as Senators. Vacancies occasioned by death, resignation, or otherwise shall be filled as vacancies in committees are filled. The regular term of service for the other twelve members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress. SEC. 4. That the regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the board of regents and called the chancellor of the sociological institution, and a suitable person as secretary of the institution, who shall also be the secretary of the board of regents. The board shall also elect five of their own body as an executive committee, and the regents shall fix on the time for the regular meetings of the board; and, on application of any three of the regents to the secretary of the institution, it shall be his duty to appoint a special meeting of the board of regents, of which he shall give notice, by letter, to each of the members; and at any meeting of the board seven shall constitute a quorum to do business. Each member of the board shall be paid his necessary traveling and other actual expenses in attending meetings of the board, which shall be audited by the executive committee and recorded by the secretary of the board; but his services as regent shall be gratuitous. SEC. 5. That the secretary of the board of regents shall take charge of the property of the institution and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in the institution, and shall also discharge the duties of librarian and of keeper of the sociological exhibits and material of the institution, and may, with the consent of the board of regents, employ assistants. SEC. 6. That the secretary and his assistants shall, respectively, receive for their services such sum as may be allowed by the board of regents, to be paid semiannually on the first day of January and July, and shall be removable by the board of regents whenever, in their judgment, the interests of the institution require such removal. SEC. 7. That the members and honorary members of the institution may hold stated and special meetings for the supervision of the affairs of the institution and the advice and instruction of the board of regents, to be called in the manner provided for in the by-laws of the institution, at which the President, and in his absence the Vice-President, shall preside. SEC. 8. That the regents shall make, from the interest of the fund, an appropriation, not exceeding an average of $25,000 annually, for the gradual formation of a library composed of valuable works pertaining to all departments of sociological science. SEC. 9. That all laws for the protection of public property in the city of Washington shall apply to and be in force for the protection of the property of the sociological institution. All moneys recovered by or accruing to the institution shall be paid into the Treasury of the United States, to the credit of the sociological institution fund, and separately accounted for. SEC. 10. That such money and so much of such property as may be received in money and paid into the Treasury of the United States shall be loaned to the United States Treasury at 4 per centum per annum interest; and 4 per centum interest on such trust funds received into the United States Treasury, payable in half-yearly payments, on the first of January and July in each year, is hereby appropriated for the .perpetual maintenance and support of the sociological institution; and all expenditures and appropriations to be made from time to time to the purposes of the institution shall be exclusively from the accruing interest, and not from the principal of the fund. SEC. 11. That whenever money is required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of this Act, or for making the purchases and executing the objects authorized by this Act, the board of regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and if they shall approve thereof shall certify the same to the proper officer of the Treasury for payment. The board shall submit to Congress, at each session thereof, the report of the operations, expenditures, and condition of the institution. SEC. 12. That upon the election or appointment of a secretary of the sociological institution, the authorized custodian of the Congressional Library building in Washington shall set apart and allot, for the exclusive use of the board of regents and other officials and assistants of the sociological institution and for the proper transaction of its business, suitable apartments and space in the new Congressional Library building, to be occupied and used by them so long as the requirements of the Congressional Library and its service may permit, free of charge and without payment of rent therefor. SEC. 13. That Congress may alter, amend, add to, or repeal any of the provisions of this Act; but no contract or individual right made or acquired under such provisions shall be thereby divested or impaired. Referred to Committee on Education. NATIONAL SOCIETY OF COLONIAL DAMES OF AMERICA AND SOCIETY OF COLONIAL DAMES OF AMERICA. May 4, 1896-House. Mr. H. C. BREWSTER introduced bill (H. 8673), to incorporate the National Society of Colonial Dames of America. Referred to Committee on the Library. May 7, 1896-Senate. Mr. H. C. LODGE introduced bill (S. 3087). May 14, 1896-Senate. Mr. G. P. WETMORE reported S. 3087. |