This was a departure from the usual tendency of American artists of the time to place themselves in Rome, a trend that was to accelerate in the coming years.

[2] In comparing this statue with others in the collection, the art historian E. Wayne Craven noted, “The statue of Livingston, though slightly larger than life, is dwarfed by surrounding giants in marble and bronze, but few can approach it in quality.

For many of the other statues, their inadequacies become all the more obvious as they increase in size, whereas the one of Livingston wears well.” [3] Webster in his biography and catalogue of Palmer's works reveals that the sculptor first produced a nude study of Livingston (with fig leaf) prior to executing the clothed statue, which was a common practice at the time.

[4] In Paris, Palmer made two casts of the work, one bound for the Capitol, the other for the New York Court of Appeals in Albany.

A plaster version was placed in Livingston Hall at the State University of New York at Albany.