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It would seem that the constitutional grant of power to provide for the common "welfare", necessarily implied the power to provide for public instruction: for general intelligence is one of the many conditions of national welfare. There can be no doubt however that any attempts on the part of the Government to make such provision by an [appropriation] from the Treasury, would be sternly [resisted] in the ground of its unconstitutionality. Even its right to accept the trust of Mr Smithson has been denied, by members of the National Legislature; and its return to the English Court of Chancery has been moved, on that pretence. Fortunately better counsels prevailed; and [thus] by the favor of God, and James Smithson, means, to a small amount, have been provided "for the increase and diffusion of knowledge among men", without disturbing the Constitution, or [dismissing] the conscience of the most scrupulous guardian of the Treasury. The will of Mr. Smithson disposes of the bulk of his property in the words following "I bequeath the whole of my property... to the United States of America, to found at Washington, under the name of The Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men"