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the opinions of the ablest critics. The writer says: "I had met Powers previous to visiting his studio, and a finer face it is not possible to conceive, or one more overflowing with genius and imagination; there is an almost superhuman lustre in his eyes, which gives one an idea that they in themselves contain a creative power, and that he could look a soul into the images he forms. As for his busts, the power of art-almost of nature-can no further go. The statue of Eve-still in the clay-is beautifully moulded-more beautiful, I think, than that of the Venus in the Tribune." I will only add, that I have heard but one opinion expressed of Powers' busts. It may not be mal-apropos to remark, that in Europe a very different opinion prevails in regard to the merits of the Sculptor who executes a fine bust. With us he is in popular opinion, reduced almost to a level with the worker of plaster-of-paris heads. In Italy, the Sculptor who excels all others in busts, stands at the head of one of the most esteemed, and really the most important branch of sculpture-for the primitive design of that noble art is to transmit to future times the human frame, with all its expression and all its peculiarities, as the character beamed from the countenance. The head of any statute in marble is as peculiarly the great point of interest as it is in the body of a man, and for this reason, the artist who can make a perfect bust can make a perfect statute for all that delicate perception of character and feeling necessary to make any bust that ever came from the studio of Powers, would ensure the triumph of the artist in any ideal work whatever.

But the time has gone by when visitors come to Mr. Powers' studio to see his busts. It is the opinion of the most celebrated connoisseurs, that Powers has as far surpassed all his rivals in his ideal works as he has done in his busts; and those artists I have met in Florence, whose judgment in such matters is regarded with great respect, frequently assured me, that they esteemed the Eve, the Slave and the Fisher Boy, incomparably superior to any similar works now existing. My own opinion would certainly add little to the decision of such men; but after some years residence in Italy, during which time I have been necessarily favored with considerable facilities for observation, I could not withhold from Mr. Powers' chief works, an admiration I have never been able to feel,

with all the concurrence of education and popular opinion to the contrary, for any of the works of the ancient masters of a corresponding style.

All who gaze upon the Slave and the Eve, seem to go away with that beautiful emotion which long lingers around one, like some ideal form that sometimes in the calm sleep of an early spring morning flits over the fancy, but cannot be forgotten:-it wakes us-we quiet ourselves and try to sleep, and bring back the vision again. In these compositions, there is the highest style of the ideal and the purest expression of nature. They seem like his busts to have been copied from life (and they are)-but as Mr. Powers remarked, they were composed from a great variety of models. Unlike other female statues I have seen, they combine all that is beautiful in the ideal

that glows in the fancy-and all that is cheerful and home-like in the fair beings who cluster around our own firesides and live in our hearts. They are perfectly nude figures-and yet so pure is every line, movement and expression about them, one feels that he stands in the garden, where Eve stood, among the flowers-with Angels and with Godand "was naked and was not ashamed." An impure thought cannot rise in the bosom of the gazer, unless he be one who is unfit for the society of a pure woman. I think my residence abroad has only made me prize more than ever the bright gem which adorns the American woman

that primitive virtue which recoils from the very shade of impurity. And so far from feeling any apprehension that the exhibition of these statues in America, would have any tendency to introduce among our women foreign indelicacy, characteristic of every country in the world, but our own and the British Islands at home, I am persuaded they would be warmly greeted by all the enlightened and all the pure of both sexes, and leave every spectator with more exalted conceptions of the beauty and the divinity of virtue. And I would even venture to say, that I should be compelled to fear of every one, who, after seeing them, should pronounce a different opinion, that the character of the spectator was not right. They are as pure as Milton's magical picture of the Garden of Eden, and over every pure-minded person they will exert as high and pure an influence.

I have not spoken of Mr. Powers' ge

nius in the other great departments of Sculpture. But he has gone farther. Some time last year, he received a commission for a statue of Mr. Calhoun, for the city of Charleston, and the model is nearly done. It displays the same consummate talent that appears in his other works-particularly the head, which I regard as finer than any he has ever executed. The attitude is erect-in his right hand he holds up, on a level with his eye, a scroll, on which is inscribed his political creed-the folds of his drapery are falling gradually around him, and the whole expression is a fine personification of the old Roman Senator. But in the expression of the face and form, there is an air of majesty, I have never seen equalled in any full statue, and the likeness is as perfect as any one of his busts.

But Mr. Powers will not content him self, 'till he has triumphed in every field of Sculpture. He is to begin, as soon as Mr. Calhoun's statue is done, a magnificent group, the subject of which I am not now at liberty to mention, but which will constitute, I believe, if executed as well as his other works, the most superb group in the world. It is a subject which has never been attempted in sculpture or painting, and yet it illustrates the greatest fact in the history of the human race. But it will be the work of years.

In the meantime, he has trained up a large number of workmen, who are superior to any in Florence, and they are all occupied. His orders are increasing faster than he can execute them, although his prices are higher than any other Sculptor can command. The Slave has been finished and sent to England, and two copies of it have been ordered; the price of the original, was $3,500, but he has $10,000 for duplicates. The Eve is done, and he is varying the model to make a duplicate, which, while it retains all its general proportions, will be different in some of its arrangements, to make it strictly speaking not a duplicate. The Fisher Boy is commissioned. His Proserpine, a single ideal bust, was ordered by Mr. Carey of Philadelphia, for $500, and a large number of duplicates, mostly from foreigners, have been ordered. He is desirous not to occupy most of his time on busts, and he hoped that by raising his price, orders would cease-from $300, he rose to $500, and his commissions have increased so rapidly, it is probable he will soon double the sum. This will be neces

sary, for even at this price, he is obliged to deny many applicants. He told me, he could not now make busts even at that price without loss-This may appear strange, but he not unfrequently passes many days upon a bust after the best judges suppose it is done. Of all his workmen, and he has some he pays as high as four dollars a day, (which in Italy is unprecedented,) he cannot depend upon one of them for the finishing of a single work. It is a singular fact, that the first time Mr. Powers took a chisel in his hand, he made a bust entire, and finished it in a style superior to any workman or artist in Florence. His mechanical skill is as extraordinary as his creative genius.

There may be many who would be glad to possess some work of Mr. Powers, whose means would not justify them in the expense of a statute; or even of a bust of themselves. To such, I would recommend a copy of the Proserpine, which I promise any lady shall be even more perfect than herself. For a boudoir, there is nothing so beautiful, and a more classic conception could not adorn a library. It is an exquisite ideal female bust, resting in a basket of Acanthus leaves, and it forms perhaps the gem of his studio.

In addition to these uninfluenced decisions of European journals and connoisseurs, the opinion-simply, firmly, frequently expressed-of the great Danish Sculptor will be of authority with every one. The account of Thorwalsden's visit to his studio, as related by Mr. Powers, is of interest in itself and important in the respect above-mentioned.

"Just before the clay model of Eve was done, I received the honor of a visit from the great Thorwalsden. He was passing through Florence on his journey to Rome. He had but a short time to spend, and this he wished to pass with his friends. But being strongly urged by a gentleman who had been often at my studio, he consented to drop in for a moment. The first intimation I had of his visit was from a servant, who came hastily into my studio and announced that Thorwalsden was at the door and begged permission to come in. This was a trying moment-I could bear the gaze and the criticism of others with composure, but to pass the scrutiny of such a man, for whom I had a greater veneration than for any artist living-it was no common ordeal.

"Presently he came lumbering in-the

Patriarch of Sculptors! His air was confident, but not haughty-his chest large-his head grand and square, but he had a look of great benevolence and intelligence. His long grey locks were floating loosely over his shoulders, and his walk was full of majesty and simplicity. He was the very man I should have taken for Thorwalsden, had I met him on the desert. I had never seen any likeness of him-but I had pictured just such a man.

"He uncovered his head and bowed in the most respectful manner, and only put on his hat after my repeated solicitations. He said he was very sorry to disturb me, for he found me at work. I replied, of course, as an humble disciple in the art might; but what I said on that occasion is a matter of little importance. He cast an eye over the studio, and the first thing that seemed to arrest his attention was a bust of Mr. Webster. He examined it with great attention, and as he did so he stood back a few steps from it, and again taking off his hat, he declared with surprise, I never saw so grand a head before-a greater compliment to the orator, as was right, than to the artist-for there is nothing of mine about it. He then stood before General Jackson, which bust he regarded with as much attention and satisfaction, apparently, as Webster's. After examining most of the busts, I took him behind a screen to see the Eve. He examined it very attentively, and turned it around several times on the rollers, upon which all statues, when modeling, are placed, to be made to turn easily. Without saying by your leave, sir,' he took out a large piece of clay from a portion of the hair with his fingers: 'now 1 see the flesh under it, and can trace a connection of the parts of the shoulders.' He touched the hair in another place: and I get a glimpse of this contour,' pointing it out. Then coming down he made a mark on one of the knees: this movement should be a little more pronounced. He then appeared to have done. I told him I should always feel grateful for his criticisms, and begged he would speak freely, and I never perhaps felt more inwardly a desire than I now felt, to have him go on. I have point

ed out all that seemed to me to detract

from your statue-I can see nothing else.' When he was about leaving I told him I expected to come to Rome during the winter, and I should esteem it a great honor if I could be allowed to take his bust. He kindly condescended to say, he would do so with unfeigned satisfaction. He then expressed very warmly the pleasure and the surprise he had felt during his visit, and wishing me all the success I desired he very cordially pressed my hand and took his leave."

Mr.

I have heard this visit related by a friend, who heard a minute account of it from the gentleman who accompanied Thorwalsden on this occasion. Powers has, in this conversation, withheld the most interesting part of the story. I am informed (from the source above alluded to) that Thorwalsden felt reluctance to go to Powers' studio only because he was pressed for time; and he gave up an important visit in order to make this. He had a great desire to see the works of an artist who was already eclipsing most Sculptors of his time. During the interview, which lasted much longer than he had intended, he expressed the warmest admiration of all Powers' works. But when he drove off in his carriage he exclaimed with the greatest earnestness—“ I can't make such busts--and I never saw a man that could-nor do I believe he ever had an equal in that department of the art. I esteem Mr. Powers not only the first Sculptor of his age, but the greatest since Michael Angelo. He will form a school of his own which will be a new era in art." These sentiments he often

expressed afterwards on several occasions, particularly in Rome, where he often made use of the singular declaration, that "Mr. Powers was without a rival in modern times, except Michael Angelo; that no ancient or modern, of any age, had ever made such busts; and he believed he would be equally great in any branch of Sculpture."

When Powers raised the curtain that covered the Eve, he felt that in justice to himself he ought to say that this was his first attempt at a statue, and it was not yet finished. Thorwalsden replied"You say, sir, it is your first statueany other man might be proud of it as his last."

POLITICAL ELEMENTS OF THE CONSTITUTION.

HISTORICAL NOTES ON ITS ADOPTION.

THE history of the Constitution of the United States remains to be written. In interest and importance it is a subject second to none in the circle of human transactions; and this interest increases constantly as we recede from the era of the founding of the Republic. It is understood that a man of consummate genius, ability, and great acquirements, who has studied profoundly the origin of the government, and traced the sources of all the powers conferred upon it, is bestowing some part of the little leisure allowed by his manifold public duties, to the preparation of that history. We trust that it is so. In no other way can he confer a more abiding and beneficial obligation upon his countrymen, than by instructing them and their posterity in a clear knowledge of the formation and objects of that government, whose principles he has done so much to illustrate and to unfold.

The foundations of the National Constitution were laid at a time of the great est anxiety-in a crisis when the fathers of the Republic had come almost to a resignation of themselves in despair of the establishment of a united government, or indeed of any government of an independent and republican form-when they had begun to feel that they had labored through the war of the revolution in vain, and wasted their counsels and spent their strength for nought-when discontents were rife throughout the whole country, and in some parts of it, as in Massachusetts, insurrection was with difficulty repressed by armed force-when the Confederation, always weak and inefficient, and only sustained by the pressure from without of enemies and of war, was very rapidly falling to pieces after the removal of that pressure, its recommendations slighted, its ordinances contemned, and several of the States acting as independent sovereignties, as if no Confederation existedwhen, in short, the whole country appeared to be on the verge of irretrievable anarchy, and its enemies and the enemies of liberty were already congratulating themselves in anticipation of the speedy failure of the experiment of republican institutions and of man's capacity for self-government.

It was only owing to this critical and almost desperate state of the country, its affairs and prospects, that many of the wisest and ablest of those men who assembled at Philadelphia, in the memorable Convention of 1787, had been induced to leave their respective stations of retirement, or of public or private duty, and to risk well-earned and hard-earned fame in essaying, what hitherto in the history of the world had never been accomplished, the striking out and modeling at a heat a constitution and form of government acceptable to a free people, and adapted as well to their present condition as to their changing circumstances and increasing numbers through succeeding ages. They felt that the last hope of their country depended on the result of that meeting; and at her summons they came up to mingle in its deliberations. Washington, covered with glory-whose name filled all lands—who had acquired and deserved the title of Father of his Country-Washington was led by the new and surprising perils of his country, to abandon home and needful repose after an exhausting war, and sacrifice his peace of mind, and stake his spotless and immortal fame on the success of a most doubtful enterprise. Franklin-the philosopher, diplomatist, statesman-the Patriot Sage,

"Who drew the lightning from the o'erAnd dashed its beauteous terrors at his rushing cloud,

feet"

full of years and full of honors, then at his very advanced period of life, acting as President of Pennsylvania-a just tribute of respect from his adopted State to her most renowned citizen-Franklin, too, came forward with his counsels and his admonitions, and gave character and dignity to the proceedings. There, also, were Sherman, and Wythe, and Rutledge, and the Pinckneys, Madison, Hamilton, Robert and Gouverneur Morris, and Strong, and King, and Gerry, and Ellsworth, and other not inferior names. In all the States the selection of Delegates to the Convention had been singularly judicious-perhaps we should say preëmi

Mr. Webster.

nently fortunate. Men of tried and competent abilities-men experienced alike in the inflexible tyranny of kings, and in the vicious caprices of the populacemen who, while they loved, as they had fought and bled for, republican institutions, were yet affected by a just apprehension of the terrors and calamities of anarchy, and would not forget to restrain and repress license while framing safeguards for liberty. Such were the men who composed the majority of that august body of legislators. If there were some too sensitive to the rude breath of popular clamor, from the relaxation of the laws and a license of the times under the Confederacy, and who were hence disposed to give the government too much of the monarchical cast, their influence was restrained and counteracted by that of others of ultra-democratical tendencies.

They met in the same hall in which, eleven years before, the Declaration of Independence had been pronounced. That independence had been achieved, glori ously-but the fruits of it were likely to be lost, unless a system of government effective and uniform over the whole country, could be planned at this time, and by this Convention. Deeply impressed by the magnitude and great difficulties of the undertaking, with no plactical models to guide them, with a deepseated apprehension that, should they agree upon a plan, it might, when promulgated, be rejected by the States or the People--oppressed by these sentiments, fears, and responsibilities, the Delegates entered upon their duties.

The first act of the Convention was to elect Washington to preside over its deliberations. He had guided the armies of the country successfully through the war--it was quite appropriate that he should preside over this great council of peace. After framing rules to govern the proceedings-rules which provided, as well for the regular, methodical and expeditious, yet deliberate conduct of business, as for the most full and free expression of the sentiments of the members on all the important topics there to discussed, by imposing the strictest secresy upon all, they proceeded at once to the consideration and discussion, in committee of the whole, of the great fundamental principles which it was proposed should form the basis of the new Constitution, leaving the details to be drawn up afterwards in subordinate committees.

The problem before them was, to provide a remedy for the existing and the threatened evils of the country-evils arising from the acknowledged defects of the Articles of Confederation. All agreed that something must be done-that the Government must be remodeled and reformed; but whether this should be effected by engrafting improvements upon those Articles, as some wished, and as the credentials of many of the members indicated or whether, as the sentiment of the majority from the first seemed to be, rejecting the confederacy altogether, as incurably defective, they should create a new and stronger government-one which should originate from, and act directly upon, the people as individuals, and contain within itself the principles of life and preservation. This was the great and difficult question.

The basis of their deliberations was a series of resolutions, introduced by Mr. Randolph of Virginia, in conformity with the opinions of the delegation from that State--as containing some of the leading principles which that delegation were willing to see engrafted into the Constitution. And these resolutions, after undergoing very great changes and modifications--so great, indeed, that Mr. Randolph, the mover of them, refused to assent to the plan, as adopted-became, in fact, the basis of the Constitution as it now exists.

It was readily and generally conceded, in Convention, that the Government to be formed-whether national, that is, springing from and acting upon the people-or federal, that is, acting on the States as political bodies-must be supreme and have the power, in some way, of coercing obedience to its enactments. The radical defect of the old Confederation had been the want of this coercive power. The States had obeyed, or disobeyed, its requirements, as suited their convenience, or the caprices of the parties dominant in them respectively. This was to be remedied. The distribution of the powers of the new government, it was also readily settled, in accordance with the established maxims of political science in modern times, should be into legislative, execu tive, and judiciary departments. As to the structure, power, and duties of these several departments, there was by no means the same concurrence of opinions. Some debate arose on the question, whether the legislature should consist of one, or of two, houses or branches.

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