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nius in the other great departments of sary, for even at this price, he is obliged Sculpture. But he has gone farther. to deny many applicants. He told me, he Some time last year, he received a com- could not now make busts even at that mission for a statue of Mr. Calhoun, for__price without loss—This may appear the city of Charleston, and the model is...strange, but he not unfrequently passes nearly done. It displays the same con many days upon a bust after ihe best summate talent that appears in his other judges suppose it is done. Of all his works-particularly the head, which I workmen, and he has some he pays as regard as finer than any he has ever high as four dollars a day, (which in Itexecuted. The attitude is erect-in his aly is unprecedented,) he cannot depend right hand he holds up, on a level with upon one of them for the finishing of a his eye, a scroll, on which is inscribed single work. It is a singular fact, that his political creed—the folds of his dra- the first time Mr. Powers took a chisel in pery are falling gradually around him, his hand, he made a bust entire, and finishand the whole expression is a fine per- ed it in a style superior to any workman sonification of the old Roman Senator. or artist in Florence. His mechanical But in the expression of the face and skill is as extraordinary as his creative form, there is an air of majesty, I have genius. never seen equalled in any full statue, There may be many who would be and the likeness is as perfect as any one glad to possess some work of Mr. Powers, of his busts.

whose means would not justify them in But Mr. Powers will not content him. the expense of a statute ; or even of self, 'till he has triumphed in every field a bust of themselves. To such, I would of Sculpture. He is to begin, as soon as Mr. recommend a copy of the Proserpine, Calhoun's statue is done, a magnificent which I promise any lady shall be even group, the subject of which I am not now more perfect than herself. For a boudoir, at liberty to mention, but which will consti- there is nothing so beautiful, and a more tute, I believe, if executed as well as his classic conception could not adorn a li. other works, the most superb group in the brary. It is an exquisite ideal female world. It is a subject which has never bust, resting in a basket of Acanthus been attempted in sculpture or painting, leaves, and it forms perhaps the gem of and yet it illustrates the greatest fact in his studio, the history of the human race. But it In addition to these uninfluenced dewill be the work of years.

cisions of European journals and conIn the meantime, he has trained up a noisseurs, the opinion-simply, firmly, large number of workmen, who are su- frequently expressed-of the great Danish perior to any in Florence, and they are all Sculptor will be of authority with every occupied. His orders are increasing fast one. The account of Thorwalsden's visit er than he can execute them, although to his studio, as related by Mr. Powers, his prices are higher than any other is of interest in itself and important in Sculptor can command. The Slave has the respect above-mentioned. been finished and sent to England, and “ Just before the clay model of Eve was two copies of it have been ordered; the done, I received the honor of a visit from price of the original, was $3,500, but he the great Thorwalsden. He was passing ħas $10,000 for duplicates. The Eve through Florence on his journey to Rome. is done, and he is varying the model to He had but a short time to spend, and this make a duplicate, which, while it retains he wished to pass with his friends. But all its general proportions, will be differ- being strongly urged by a gentleman who ent in some of its arrangements, to make had been often at my studio, he consentit strictly speaking not a duplicate. The ed to drop in for a moment. The first inFisher Boy is commissioned. His Pro- timation I had of his visit was from a serpine, a single ideal bust, was ordered servant, who came hastily into my studio by Mr. Carey of Philadelphia, for $500, and announced that Thorwalsden was at and a large number of duplicates, mostly the door and begged permission to come from foreigners, have been ordered. He in. This was a trying moment-I could is desirous not to occupy most of his time bear the gaze and the criticism of others on busts, and he hoped that by raising his with composure, but to pass the scrutiny price, orders would cease—from $300, he of such a man, for whom I had a greater rose to $500, and his commissions have veneration than for any artist living-it increased so rapidly, it is probable he will was no coinmon ordeal. soon double the sum. This will be neces “Presently he came lumbering in-the

Patriarch of Sculptors! His air was from your statue I can see nothing confident, but not haughty_his chest else. When he was about leaving I told large-his head grand and square, but he him I expected to come to Rome during had a look of great benevolence and in the winter, and I should esteem it a great telligence. His long grey locks were honor if I could be allowed to take his floating loosely over his shoulders, and bust. He kindly condescended to say, he his walk was full of majesty and simpli. would do so with unfeigned satisfaction. city. He was the very man I should He then expressed very warmly the pleahave taken for Thorwalsden, had I met sure and the surprise he had felt during him on the desert. I had never seen any his visit, and wishing me all the success I likeness of him—but 1 had pictured just desired he very cordially pressed my such a man.

hand and took his leave.” “He uncovered his head and bowed in I have heard this visit related by a the most respectful manner, and only put friend, who heard a minute account of it on his hat after my repeated solicitations. from the gentleman who accompanied He said he was very sorry to disturb me, Thorwalsden on this occasion. Mr. for he found me at work. I replied, of Powers has, in this conversation, withcourse, as an humble disciple in the art held the most interesting part of the story. might; but what I said on that occasion I am informed (from the source above alis a matter of little importance. He cast luded to) that Thorwalsden felt reluctance an eye over the studio, and the first thing to go to Powers' studio only because he that seemed to arrest his attention was a was pressed for time ; and he gave up an bust of Mr. Webster. He examined it important visit in order to make this. He with great attention, and as he did so he had a great desire to see the works of an stood back a few steps from it, and again artist who was already eclipsing most taking off his hat, he declared with sur. Sculptors of his time. During the interprise, • I never saw so grand a head be- view, which lasted much longer than he fore’-a greater compliment to the ora had intended, he expressed the warmest tor, as was right, than to the artist--for admiration of all Powers' works. But there is nothing of mine about it. He when he drove off in his carriage he ex. then stood before General Jackson, which claimed with the greatest earnestness—" I bust he regarded with as much attention can't make such busts--and I never saw a and satisfaction, apparently, as Webster's. man that could-nor do I believe he ever After examining most of the busts, I took had an equal in that department of the him behind a screen to see the Eve. He art. (I esteem Mr. Powers not only the examined it very attentively, and turned first (Sculptor of his age, but the greatest it around several times on the rollers, since Michael Angelos He will form a upon which all statues, when modeling, school of his own which will be a new are placed, to be made to turn easily. era in art.” These sentiments he often Without saying by your leave, sir,' he expressed afterwards on several occasions, took out a large piece of clay from a por- particularly in Rome, where he often tion of the hair with his fingers : ' now made use of the singular declaration, that I see the flesh under it, and can trace a “ Mr. Powers was without a rival in moconnection of the parts of the shoulders.' dern times, except Michael Angelo; that He touched the hair in another place: no ancient or modern, of any age, had and I get a glimpse of this contour,' ever made such busts; and he believed he pointing it out. Then coming down he would be equally great in any branch of made a mark on one of the knees: this Sculpture.” movement should be a little more pro When Powers raised the curtain that nounced. He then appeared to have covered the Eve, he felt that in justice to done. I told him I should always feel himself he ought to say that this was his grateful for his criticisms, and begged he first attempt at a statue, and it was not would speak freely, and I never perhaps yet finished. Thorwalsden repliedfelt more inwardly a desire than I now “ You say, sir, it is your first statuefelt, to have him go on. I have point. any other man might be proud of it as his ed out all that seemed to me to detract last.

POLITICAL ELEMENTS OF THE CONSTITUTION.

HISTORICAL NOTES ON ITS ADOPTION.

The history of the Constitution of the It was only owing to this critical and United States remains to be written. In almost desperate state of the country, its interest and importance it is a subject affairs and prospects, that many of the second to none in the circle of human wisest and ablest of those men who astransactions; and this interest increases sembled at Philadelphia, in the memoconstantly as we recede from the era of the rable Convention of 1787, had been infounding of the Republic. It is understood duced to leave their respective stations of that a man of consummate genius, ability, retirement, or of public or private duly, and great acquirements," who has studied and to risk well-earned and hard-earned profoundly the origin of the government, fame in essaying, what hitherto in the and traced the sources of all the powers history of the world had never been acconferred upon it, is bestowing some part complished, the striking out and modof the little leisure allowed by his mani. eling at a heat a constitution and form of fold public duties, to the preparation of government acceptable to a free people, that history. We trust that it is so. In and adapted as well to their present no other way can he confer a more abid- condition as to their changing circuming and beneficial obligation upon his stances and increasing numbers through countrymen, than by instructing them succeeding ages. They felt that the last and their posterity in a clear knowledge hope of their country depended on the of the formation and objects of that gov- result of that meeting; and at her sumernment, whose principles he has done mons they came up to mingle in its de80 much to illustrate and to unfold. liberations. Washington, covered with

The foundations of the National Con- glory—whose name filled all lands—who stitution were laid at a time of the great. had acquired and deserved the title of est anxiety-in a crisis when the fathers Father of his Country-Washington was of the Republic had come almost to a led by the new and surprising perils of resignation of themselves in despair of his country, to abandon home and needthe establishment of a united government, ful repose after an exhausting war, and or indeed of any government of an inde- sacrifice his peace of mind, and stake his pendent and republican form-when they spotless and immortal fame on the suchad begun to feel that they had labored cess of a most doubtful enterprise. Frankthrough the war of the revolution in vain, lin—the philosopher, diplomatist, states. and wasted their counsels and spent their man—the Patriot Sage, strength for nought—when discontents were rise throughout the whole country,

“ Who drew the lightning from the o'erand in some parts of it, as in Massachusetts, And dashed its beauteous terrors at his

rushing cloud, insurrection was with difficulty repressed

feet"by armed force—when the Confederation, always weak and inefficient, and only full of years and full of honors, then at sustained by the pressure from without his very aulvanced period of life, acting of enemies and of war, was very rapidly as President of Pennsylvania—a just trifalling to pieces after the removal of that bute of respect from his adopted State to pressure, its recommendations slighted, its her most renowned citizen-Franklin, ordinances contemned, and several of the too, came forward with his counsels and States acting as independent sovereign- his admonitions, and gave character and ties, as if no Confederation existed - dignity to the proceedings. There, also, when, in short, the whole country ap were Sherman, and Wythe, and Rutpeared to be on the verge of irretrievable ledge, and the Pinckneys, Madison, Hamanarchy, and its enemies and the enemies ilton, Robert and Gouverneur Morris, and of liberty were already congratulating Strong, and King, and Gerry, and Ellsthemselves in anticipation of the speedy worth, and other not inferior names. In failure of the experiment of republican all the States the selection of Delegates to institutions and of man's capacity for the Convention had been singularly judi. self-government.

cious—perhaps we should say preëmi* Mr. Webster.

new

nently fortunate. Men of tried and com The problem before them was, to propetent abilities—men experienced alike vide a remedy for the existing and the in the inflexible tyranny of kings, and in threatened evils of the country-evils the vicious caprices of the populace- arising from the acknowledged defects of men who, while they loved, as they had the Articles of Confederation. All agreed fought and bled for, republican institu- that something must be done—that the tions, were yet affected by a just appre. Government must be remodeled and rehension of the terrors and calamities of formed; but whether this should be efanarchy, and would not forget to restrain fected by engrafting improvements upon and repress license while framing safe- those Articles, as some wished, and as the guards for liberty. Such were the men credentials of many of the members indiwho composed the majority of that au cated—or whether, as the sentiment of gust body of legislators. If there were the majority from the first seemed to be, some too sensitive to the rude breath of rejecting the confederacy altogether, as popular clamor, from the relaxation of the incurably defective, they should create a laws and a license of the times under the and

stronger government-one which Confederacy, and who were hence dis- should originate from, and act directly upposed to give the government too much on, the people as individuals, and contain of the monarchical cast, their influence within itself the principles of life and prewas restrained and counteracted by that servation. This was the great and diffiof others of ultra-democratical tenden- cult question. cies.

The basis of their deliberations was a They met in the same hall in which, series of resolutions, introduced by Mr. eleven years before, the Declaration of Randolph of Virginia, in conformity with Independence had been pronounced. That the opinions of the delegation from that independence had been achieved, glori. State--as containing some of the leading ously—but the fruits of it were likely to principles which that delegation were be lost

, unless a system of government willing to see engrafted into the Constitueffective and uniform over the whole tion. And these resolutions, after undercountry, could be planned at this time, going very great changes and modificaand by this Convention. Deeply im- tions--so great, indeed, that Mr. Ran. pressed by the magnitude and great diffi- dolph, the mover of them, refused to asculties of the undertaking, with no piac sent to the plan, as adopted-became, in tical models to guide them, with a deep- fact, the basis of the Constitution as it now seated apprehension that, should they exists. agree upon a plan, it might, when pro It was readily and generally conceded, mulgated, be rejected by the States or the in Convention, that the Government to be People--oppressed by these sentiments, formed-whether national, that is, springfears, and responsibilities, the Delegates ing from and acting upon the people-or entered upon their duties.

federal, that is, acting on the States as The first act of the Convention was to political bodies--must be supreme and elect Washington to preside over its de- have the power, in some way, of coercing liberations. He had guided the armies obedience to its enactments. The radical of the country successfully through the defect of the old Confederation had been war--it was quite appropriate that he the want of this coercive power. The should preside over this great council of States had obeyed, or disobeyed, its repeace. After framing rules to govern quirements, as suited their convenience, the proceedings-rules which provided, or the caprices of the parties dominant in as well for the regular, methodical and them respectively. This was to be remeexpeditious, yet deliberate conduct of died. The distribution of the powers of business, as for the most full and free the new government, it was also readily expression of the sentiments of the mem- settled, in accordance with the establishbers on all the important topics there to ed maxims of political science in modern discussed, by imposing the strictest se times, should be into legislative, execucresy upon all

, they proceeded at once to tive, and judiciary departments. As to the consideration and discussion, in com the structure, power, and duties of these mittee of the whole, of the great funda- several depariments, there was by no mental principles which it was proposed means the same concurrence of opinions. should form the basis of the new Consti- Some debate arose on the question, whetution, leaving the details to be drawn up ther the legislature should consist of one, afterwards in subordinate committees. or of two, houses or branches.

A portion of the delegates holding that nity; he admitted that we had been too it was more conformable to republican democratic, but was afraid we should ideas, to have no senate or second branch; incautiously run into the opposite exthat as such was the structure of the Con- treme." Mr. Wilson “ was for raising gress of the Confederacy, this form would the Federal Pyramid to a considerable be more familiar and acceptable to the altitude and for that reason, wished country; that the example of the House to give it as broad a base as possible.” of Lords in England, which had been re Mr. Madison “considered the popular ferred to, was no model for us, inasmuch election of one branch of the National as that House represented a distinct Legislature as essential to every plan estate in the realm—which estate, happily, of free government.” He was an advodid not exist here.

cate for the policy of refining the popuOthers contended, and this was greatly lar appointments by successive filtrathe prevailing sentiment, that two dis- tions, but thought it might be pushed tinct houses or branches were necessary, too far. He wished the expedient reas a check upon each other, and to pre- sorted to, only in the appointment of vent hasty and inconsiderate legislation; the second branch of the legislature, that the people were accustomed to this and in the Executive and Judiciary form in many of the State legislatures; branches of the government. also, that a senate would be needed as a The mode of electing, the powers, the counsel in some cases, to advise, and duration of office, and the reëligibility, perhaps control, the Executive. To make of the Executive, were questions which, the senate the representative of the States, -as was to be expected, as well from the in their corporate capacities, was an idea importance of the office, as the state of which grew up afterwards, in the course feeling in the Convention and in the of the discussions as to the relative shares country, at that period of jealousy of and influence which the respective States concentrated power-excited great dewere to have in the new government.

bates. It was, indeed, discussed with But the question that first excited con- animation, whether the Executive should siderable debate in the Convention, had not consist of more persons than one. reference to the mode of electing the Mr. Randolph, for instance, “strenumembers of the first branch of the Le- ously opposed an unity in the Execugislature—the House of Representatives. tive magistracy. He regarded it as the Whether the election should be directly fætus of monarchy.” While Mr. Sherby the people, or by the State Legisla. man “considered the Executive magistures, or in some other indirect mode. tracy as nothing more than an instituOn this question, men of leading minds, tion for carrying the will of the legisand of undoubted adherence to republi- lature into effect; and that the person can principles, were divided in opinion. or persons ought to be appointed by, Sherman and Gerry, and Butler, (of South and accountable to, the legislature only, Carolina,) advocated an election by the which was the depository of the su. State Legislatures. Mr. Sherman thought preme will of the society. He wished “ the people immediately should have as the number might not be fixed, but that little to do, as may be, about the Gov. the legislature should be at liberty to ernment. They want information, and appoint one or more, as experience are constantly liable to be misled.” might dictate.” Other members, also, Gerry said, “the evils we experience, were strenuous against a single execuflow from the excess of democracy. tive, as having too much the semblance The people do not want virtue, but are of monarchy. But the majority were of the dupes of pretended patriots." He a different opinion; and the Convention mentioned the “ popular clamor in Mas soon settled down upon one, as the numsachusetts for the reduction of salaries, ber of which the Executive should conand the attack made on that of the sist. Governor, though secured by the con In respect of the duration of the office stitution itself.” On the other hand, of the Executive, the members were at Madison and Mason, of Virginia, and first divided in opinion between the terms Wilson, of Pennsylvania, argued strongly of three and of seven years. And those for an election of the larger branch of who advocated the longer term, were opthe National Legislature by the people. posed to a reëligibility in the Executive. Mason said “it ought to know and sym. Of those who opposed the longer term, pathize with every part of the commu. Mr. Bedford, (of Delaware,) “begged

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