The fountain is surrounded on three sides by government buildings, including the United States Court of Military Appeals, the H. Carl Moultrie Courthouse, and the former District of Columbia City Hall.
After the United States Commission of Fine Arts approved his design, Jennewein began working on the project.
The National Park Service, which owned and maintained the fountain, transferred ownership to the Government of the District of Columbia.
His parents had chosen to move to Due West because the town's schools had a good reputation of educating children.
Later that year, he began teaching, moving several times to other towns in South Carolina where he not only taught in schools, but worked as a private tutor as well.
In 1872, he accepted a teaching job in Rome, Georgia, where he remained for several years before moving to Washington, D.C., to practice law.
[1]: 65–68 When Darlington arrived in Washington, D.C., he came with an introduction letter written by Alexander H. Stephens, who had served as Vice President of the Confederate States of America during the Civil War.
His first dollars from the practice were given to Fifth Baptist Church, where he would attend for decades, as Darlington was a very religious person who read parts of the Bible each day, and did not smoke or gamble.
Darlington died on June 24, 1920, and there was an immense outpouring of praise from people involved with religious, judicial, and commercial interests.
He was constantly before the United States Supreme Court in cases of National note" and "His great intellectuality, his legal and literary attainments and his versatile accomplishments were crowned by a gentle and gracious spirit.
[5] Some of Jennewein's other works in Washington, D.C., include dozens of sculptural elements inside the Robert F. Kennedy Department of Justice Building, the Trylon of Freedom in front of the E. Barrett Prettyman United States Courthouse, the Noyes Armillary Sphere in Meridian Hill Park, and sculptures for the Rayburn House Office Building.
[5] On March 3, 1923, an Act of Congress approved the installation of the fountain on federal land, with a few exceptions, such as the National Mall and United States Capitol Complex.
[9] The sculpture had been completed the previous year and it was displayed in Baltimore and New York City until the rest of the memorial was ready.
[10] In describing the sculpture, Jennewein said "humanity is exemplified by a maiden so tender and gentle that the most timid of God's animals does not hesitate to seek her protection.
"[11] In November 1923, the 100 members of the Darlington Memorial Committee including chairman Charles C. Glover met at the home of attorney Frank J. Hogan to discuss the fountain's unveiling.
When the unveiling ceremony took place, and the sculpture was revealed, it had been turned around to face the United States Court of Military Appeals.
[12] The similarities between the fountain and Spirit of Justice, a statue by Jennewein in the Robert F. Kennedy Department of Justice Building, were brought to attention in 2002 when U.S. Attorney General John Ashcroft ordered a "modesty curtain" be installed in front of the statue to hide an exposed breast.