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position upon this subject, that the Smithsonian Institution, which may fairly claim to be the representative scientific institution of the government, cannot purchase any one of our numerous prehistoric monuments for the purpose of its preservation, (as was done in the case of the Serpent Mound in Ohio,) for want of the necessary legal authority.  More than that, it cannot accept and hold the title of any such monument however great its value, the necessity for its preservation, or the desire of the Institution, even if such monuments shall be presented as a gift.