FIFTY-FOURTH CONGRESS, 1895-1897. 1769 
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 Secre- 
tary of the Treasury asking him when and how this money was reim- 
bursed 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 Insti- 
tution 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- 
