Peyton, was sustained in his opinion of him by some of the ablest jurists of Virginia, amongst them was Benjamin Watkins Leigh, who said to him that "Mr. Peyton was the greatest lawyer west of the Blue Ridge."

The then Senator from this district, a personal enemy, without cause, however, of Mr. Peyton, exerted all his popularity and power in favor of Mr. Thompson, and on his election, said that he had accomplished a long cherished wish, that of defeating an ambition of Mr. Peyton. But he signally failed. It is well known that Mr. Peyton did not wish the office of Judge, much preferred to retain the greatly more lucrative and equally honorable situation of public prosecutor, as in the interest of a large and growing family.

Major James Garland, now Judge of the Hustings Court of Lynchburg, himself a great lawyer and statesman, about the time I went to the bar of Nelson county, said in a conversation with me: "I was a member of the Legislature that elected Thompson. But for the course of the Senator from Augusta and Rockbridge, your father would have succeeded in the election of John Howe Peyton, than whom there is no greater lawyer in the Commonwealth."

Mr. Frazier has so well described him as a common law lawyer and the most eminent prosecutor that Virginia has ever had, that I forbear to say anything further with reference to that matter. That is a part of the history of the jurisprudence of this State. I will add, that I have seen his c.o.ke Littleton, (studied by him as a student of law) with the marginal pages filled with annotations and references, indicating the application and devotion he felt for his profession. I am told that he had a grim way of preventing such as had not the ability from entering into the profession of the law. In his library there was a rare old edition of Littleton on Tenures. He considered this book as the basis of the laws of real property in England, and he thought that it should be first read without c.o.ke's Commentary. When a young man desired to study law under him, whom he knew to have no capacity to succeed, he placed this work in his hands, asking him to read it again and again, and strive to understand it without recourse to the Commentary, and return for examination after a fortnight's or three weeks' perusal, of such part as he had mastered. It rarely happened that the young man did not hand him back the book, at the end of a short time, announcing his purpose of seeking a livelihood in some other field. Thus he was instrumental in keeping some from the profession, who, by entering into the law, would have derived no profit to themselves, nor reflect credit upon the profession. And on the other hand, when he discovered merit in a young man, no one was more prompt, active and generous in encouraging it.

His conversation with his son and myself above referred to, on Uses and Trusts, exemplified the fact that he had not forgotten, in his maturer what he had learned in his younger years. I have been told that Mr.

Peyton had acquired the habit of reading, or at least looking over, Blackstone once a year, and it was rarely the case that he referred to precedents and decisions of the courts, which has become the bane of the profession of this day, but for authority he went down to the deep foundations of the law, treating and regarding it as a fixed and accurate science, not depending upon the opinion of this jurist or that, and thus arriving at just conclusions alike convincing to judge and jury. There have been many men whom the accident of applause or fortune have made great, but few who were great in themselves. Amongst the latter, Mr. Peyton stands in the front rank. As a man, he was true, n.o.ble and generous; despising the low, vulgar and ign.o.ble, and valuing only the pure and elevated; by genuine courtesy and kindness, he won all hearts, and by stern integrity he retained the golden opinions he gained. As a father and husband, he was active and earnest in his endeavors to fill the part of a true man; as a lawyer he stood second to none, and by the breadth of his learning and knowledge, his clear and comprehensive manner, and his earnest and determined performance of duty as a public prosecutor, he has won a position such as few lawyers have ever attained. As a statesman, the high praise which his generation gave him, the deep respect in which he was held by the eminent men of his time, and the undying record which history bears to his genius and achievements, mark him as one of the great men of Virginia, who may be proud of her son, while she can justly regret that he should have sought privacy and retirement, in preference to national glory. Modest, sincere, learned and determined, Virginia has had few to equal--none to surpa.s.s him. In the past, he moulded and controlled the opinions and actions of the times, so in the future may he ever serve as a model for the true and the good, and prove an incentive to the ambitious. May the young learn to emulate his life and example, while the old revere and respect his memory.

SKETCH OF JOHN HOWE PEYTON,

BY

JOSEPH ADDISON WADDELL, B. L. OF W. & L. UNIVERSITY.

From my earliest recollection, I was familiar with the personal appearance of Mr. Peyton. His figure was too distinguished to pa.s.s un.o.bserved by even the youngest children in the streets of Staunton. He was tall, erect and portly; his head set gracefully on his shoulders; his garments always appeared to fit well, and exactly corresponded with his age and station; so that altogether, in his person, he came nearer my ideal of gentlemanly elegance than any one I have ever known.

Mr. Peyton discontinued the practice of his profession before I was capable of forming an independent and intelligent estimate of his ability as a lawyer. During my boyhood I frequently heard him speak in the Court-house; but I was then unable to appreciate forensic efforts.

From the attention and the deference to his utterances shown by the citizens generally, I had no doubt that he was a legal oracle. According to my recollection of him, he never attempted flights of eloquence.

There was nothing, I believe, flowing or ornate in his style. He used no "big words," but in the plainest language spoke directly to the question at issue, making himself understood by the most illiterate juryman; and whatever the verdict, he never failed to excite admiration for his ability and the dignity of his deportment. He was often eloquent, in the highest and best sense of that word. While I was a boy I heard an intelligent citizen endeavoring to repeat a part of one of Mr. Peyton's recent speeches, which he seemed to admire very much, commenting at the same time upon the simplicity of the phraseology and the absence of all mere rhetorical display.

My impression of Mr. Peyton's talents is derived chiefly from my father's estimate of him. My father, although a physician, was fond of discussions at the bar, and during the sessions of the courts spent most of his leisure time at the court-house. He considered Mr. Peyton a great lawyer, and a man of great intellect. Although fastidious in his taste and a severe critic, I never heard him speak otherwise than in terms of respect and admiration of Mr. Peyton's efforts.

I well remember the scene in the old county court, when Mr. Peyton formally retired from the bar. That tribunal was one of the most beneficent inst.i.tutions which we inherited from our mother country. The body was self-perpetuating and very careful to maintain its respectability in the election of new members. To be a member of the Bench under that system, was generally conclusive of the fact that the individual was worthy of and enjoyed the confidence and respect of the community. The Justices were not professional lawyers, and depended greatly upon the attorney for the commonwealth for advice and a.s.sistance in Court. Mr. Peyton was for many years Commonwealth's Attorney for the County Court of Augusta, as he was also for the Circuit Superior Court.

When he resigned his office in the former Court, the a.s.sembled Justices were visibly affected. They adopted resolutions expressive of their appreciation of his ability, uprightness and uniform and marked courtesy to the Court. He doubtless always exhibited the same respect for the County Court of Augusta, composed of his familiar friends and neighbors, professionally unlearned as they were, as he ever did for the Judges of the Supreme Courts of Virginia or the United States. The Justices were unwilling to give him up, however, and as the next best thing to having him as their legal adviser, they elected him a member of their own body.

He accepted the office in the spirit in which it was tendered, and I remember to have seen him on one or more occasions afterwards sitting on the County Court bench with the other Justices.

While I have disclaimed any competency to speak of my own judgement, of Mr. Peyton as a lawyer, I had the pleasure of knowing him personally as intimately as a boy and youth could know a gentleman of his age and position. My father was his physician for many years before his death, and his confidential friend. I have heard it said of Mr. Peyton, and I believe truly, that if he liked a man he liked everything belonging to him--his children and even his dogs. Liking and trusting my father, he seemed to extend the same feeling to me. While I was still a small boy, he found me out, and wherever he met me would familiarly accost me by name. I remember to have encountered him on one occasion on the highway leading from town to Montgomery Hall; he could not let me pa.s.s without special notice. He stopped me on the spot and detained me for a considerable time in conversation. He was exceedingly fond of a good joke and his style of conversation was often sportive. On the occasion referred to, there was something in his manner or expression suggestive of mirth and I was suspicious that he was amusing himself a little at my expense; yet I parted from him with a feeling of elation at enjoying the familiar acquaintance of such a man. He appeared to act habitually in the spirit of Lord Bacon's saying in his 52nd essay "amongst a man's inferiors one shall be sure of reverence, and therefore it is good a little to be familiar." His witticisms and sarcasms were keenly relished by my father, who rarely returned from a visit to him without having something of the kind to report. He had no toleration for dishonesty, impudence or sham. To people whom he considered honest and well behaved, however, ignorant or lowly, he always felt and acted kindly, but from others, whom he thought unworthy, he could not conceal his disapprobation. He was not in the habit of giving utterance to censorious or unfriendly remarks about persons, and I am sure I never heard him speak unkindly of any one. He was eminently a just man in all his dealings with his fellow men. Requiring from others what was his due, he most scrupulously gave to every man whatever belonged to him, as far as he could. _Suum quipue tributo_ is one of the few maxiums of Rudiman which I remember, and it after occurred to me in connection with Mr. Peyton. I early learned to regard him as the personification of justice. While Mr. Peyton was living I heard my father eulogize this trait in his character.

I have no recollection of having been in Mr. Peyton's law office while he occupied it, but towards the close of his life, I often met him in his home. His manner then to me and other guests was all that could have been desired. He was not reserved and distant on the one hand, nor on the other did he embarra.s.s by excessive attentions. Recognizing the presence of each visitor and extending a cheerful greeting, he made all feel welcome. His hospitality was proverbial. Possessed of ample wealth, he admitted a large number of persons to partic.i.p.ate in it around his family table. Upon principle, he discountenanced wastefulness, but he used his money with an enlightened liberality, freely expending it for all useful and proper purposes, and contributing bountifully to all public enterprises.

I have understood that Mr. Peyton had for many years kept by him a last will and testament written by his own hand. But about a year before his death, when he was physically unable to write, except to sign his name, owing to some changes in his family or estate, he desired to execute a new instrument. It was necessary for him to obtain the a.s.sistance of a friend, and my father was called upon to aid him. On returning from Mr.

Peyton's, one day in the latter part of April, 1846, my father handed to me a voluminous ma.n.u.script in his handwriting, blotted and interlined, accompanied by a request from Mr. Peyton that I would make a pair copy of it by a particular day, when the latter proposed to come to town and append his signature before witnesses. The copy was duly made and on the appointed day Mr. Peyton came to my father's house. He selected as additional witnesses, Messrs. George M. Cochran and Benjamin Crawford, and I was dispatched to request the attendance of those gentlemen. While I was unwilling to appear obtrusive by remaining in the room uninvited, the scene interested me so deeply, that I could not go away entirely.

Withdrawing into an adjoining apartment, I heard all the preliminary conversation, which I felt sure Mr. Peyton would not object to. He explained the provisions of the will, as far as he thought necessary, and appeared anxious to satisfy his friends present of the justice and propriety of his course. Amongst other matters, he referred to the n.o.ble sorrel horse which he had ridden for seven years, and expressed a desire that the animal should be well cared for. When about to sign his name, he discovered my absence, and hearing him call for me I returned to the room, and in obedience to his wishes subscribed my name as a witness.

This scene greatly impressed me at the time, and has often recurred to me as one of the most interesting of my life. It was like the performance of an imposing drama. Mr. Peyton, of course, was the prominent figure and chief speaker; his bodily powers impaired, but his intellect as vigorous as ever; his presence dignified and commanding; his conversation flowing and sparkling like a stream of water in the sunshine, while there was something more in the tone of his voice, in his manner and the expression of his countenance, by me indescribable, which greatly interested and almost charmed me.

Mr. Peyton was always, as far as I know, a firm believer in the Bible and the great doctrines of the Christian religion. He was decided in his preference for the Episcopal Church, in whose communion he died, but he never was accused of bigotry. On the contrary, he respected and supported all good men of whatever denomination, and required no one to renounce his shibboleth, or to subscribe to his creed.

The foregoing is a very imperfect sketch of one whom I greatly revered; whom I found in all my intercourse with him, according to my ability to judge, a most polished gentleman; and whose kindly treatment of me during my boyhood and early youth, inspired me with feelings towards him akin to those of filial affection.

D. S. YOUNG'S IMPRESSIONS OF JOHN HOWE PEYTON.

_To Col. John Lewis Peyton_:

_Dear Sir_:--Arising from a laudable motive, that of respect and veneration for the memory of your late father, John H. Peyton, and the fact that I was intimately acquainted and a.s.sociated with him for a number of years before his death, I take pleasure in complying with your request and write out my recollections of him. Your request recalls memories of the past, and I undertake the task--a pleasing one to me--but with the regret that I feel incompetent to perform it in a manner satisfactory to those for whom it is intended.

Men have their entrances and exits, each playing his part, and it has been truly said their works do follow them. This should be so. The works of a bad man should be held up as a beacon to warn off those who follow from the rock upon which he split and went down, whilst the work of the good man should be held up as a bright and shining light to illuminate the difficult and rugged paths of those who follow after. We all have faults, at least foibles, and it may be too often the case in the weakness of human nature that even slight faults and foibles are held in remembrance, whilst the good qualities are permitted to go down and slumber in the grave. Mr. Peyton would not have been human if without fault or foible, yet I recall none--none that could not be covered with the smallest mantle of charity.

Without falling at least into the modern idea of universal equality, I undertake to say that Mr. Peyton was possessed of gifts and acquirements that made him the equal of any man. In physical developments he was quite a model, considerably over the average height of his fellow-men, well proportioned, with broad chest, and ma.s.sive head, his personal appearance struck the most casual observer, who but eyed him, as one of nature's n.o.blemen.

Mr. Peyton belonged rather to the generation that has gone before that of the writer, consequently Mr. Peyton was fully up to, if not beyond the meridian of life, when I became acquainted with him, which acquaintance commenced about the year 1827 and became intimate about 1839, and so continued until his death, which occurred in April, 1847.

I therefore, had no personal knowledge of Mr. Peyton's early history, of his opportunities, education, &c. Judging, however, from his superstructure the foundation must have been deep and well laid. His information was not confined to one particular thing, his mind was well balanced and powerful. Success was his in anything on which he concentrated his powers. Having made the law his princ.i.p.al study and profession, and believing that the best road to success in life was in one pursuit, he stuck to it until far advanced in life. I hazard nothing when I express the opinion that there was a time in Mr. Peyton's life, when with less push than other men who rose to distinction, had he given up the forum for the rostrum, the light that he would have shed would have gone forth over the land.

Mr. Peyton was by universal consent a lawyer from the commencement down to the latest statutes. As a counsellor he was always ready to answer touching any legal questions; as a speaker at the bar, always pointed and direct, confining himself directly to the points at issue. His manner was lofty, his gestures graceful; he hardly ever indulged his fancy, or attempted oratorical displays; never spread too much sail for his ballast, but just enough to keep him in the direct line of argument.

His speeches were made to and for the court and jury, and not for outside consumption and comment. As a high compliment to Mr. Peyton, when a young man he received from the late Judge Archibald Stuart, the appointment of Attorney for the Commonwealth for all the counties composing the judge's circuit. The judge knew too much of mankind to confer such an appointment on one incompetent or unworthy of the important position. In this the venerable judge was not disappointed.

The earliest recollections of the writer are a.s.sociated with seeing the venerable judge and his fine looking Attorney for the Commonwealth, pa.s.sing the public roads from court to court, commanding the respect of all good citizens, but a terror to evil doers.

Mr. Peyton was continued in the office of Attorney for the Commonwealth after the death of Judge Stuart by appointment from the late Judge Lucas P. Thompson. He also held the same appointment for the County Court of Augusta, and continued to hold both until 1839, when he was elected to represent the counties of Augusta and Rockbridge in the Senate of Virginia, which position he held until he was overtaken with sickness, from which there could be expected no recovery, when he gave up his position and retired to his home, Montgomery Hall, where he died, as before stated, April, 1847.

As a husband and father, no man better stood up to his obligations.

Having married a second time when somewhat advanced in life, he became the father of a large family of children. Seeing, as he did, that in the ordinary course of nature, he must leave a number of his children of tender years, ample provision for them was a matter of great solicitude.

In this he was successful--he left them in comfortable circ.u.mstances.

In his dealing with his fellow-man, Mr. Peyton was scrupulously honest.

The word honest might express everything. Mr. Peyton was exact in discharging his obligations, and men who practice upon that idea with reference to their obligations generally expect others to do likewise.

He required nothing that was not clearly right, and he was not the man to tamely submit to a violation of his rights. His hospitality at his always well supplied mansion was generous, cordial and elegant. He was a lover of law and order, and of pure religion. The writer is not informed whether or not he became an inside member of the church before his death. He was, however, what we may call an outside pillar of the Episcopal church (the church, I believe, of his ancestors) and contributed liberally of his means in not only the support of that church, but to the building up of other churches and objects calculated to extend the Christian Religion. He was in favor of a sound progress (not much of a reformer) and gave a helping hand to all enterprises calculated to improve.

I will now close this communication with an allusion to Mr. Peyton's generosity, and ill.u.s.trate that by giving an incident that occurred many years ago. Such incidents are so few and far between, and when they do occur they ought to be recorded on paper, as memory must fail.

At the June term of the Circuit Court of Augusta county, e839, a young man who had procured his license to practice law, presented himself at the Staunton bar, then well filled with able and experienced lawyers.

Our young man had broken down at another pursuit, and had upon him the cares of a growing family. An important criminal trial was coming on.

Mr. Peyton was the leading and princ.i.p.al counsel in the cause for the Commonwealth, the last of his life. Those two whole-souled and generous gentlemen, the late Judge Briscoe G. Baldwin and Thomas J. Michie, then at the bar, and in full practice appearing for the defence. Messrs.

Baldwin and Michie seeing, no doubt, the hard struggle our young man was making, kindly proposed to him that if he desired to make an appearance at the bar, to select any of their cases and appear with them. Availing himself of this invitation, he proposed to them that he would select the criminal case then coming on. That he would take no part in the examination of the testimony, but would simply make a short opening speech for the defence. The arrangement was a.s.sented to and the young man took his position. After thus entering into the cause, he met with a gentleman of the bar who had attained considerable distinction, and said to him that he thought that he was venturing too far--a failure would be most disastrous. This was exceedingly discouraging to the young lawyer.

It was however life or death, sink or swim, and he must go forward. The testimony gone through with, the argument came on. Mr. Fultz, who was a.s.sisting Mr. Peyton in the prosecution, opened the cause for the Commonwealth. Then came the trying time on our young lawyer, when he arose and delivered his speech in about 35 minutes. Whether he had been of any service in the cause or not he could not tell, he did not feel however that he had made a failure. When turning round to take his seat Mr. Peyton in the most pleasing manner extended to the young man his right hand, took the hand of the young man and shook it most cordially, and in the presence of a crowded Court-house, remarked in his emphatic way, "Sir, you've made a good speech, a very good speech, indeed."

Between Mr. Peyton and our young man there was no tie of blood or kindred, no obligation, whatever, on his part. He was surrounded with considerable wealth and friends; had made character and reputation; had just been elected to the State Senate of Virginia by a large majority.

The young man was poor--comparatively friendless; had never been surrounded by any advent.i.tious circ.u.mstances; had by his own efforts and without material aid, worked his way to the bar. This most generous act of Mr. Peyton gave him encouragement; he went forward in the profession, and although he may not have attained distinction, he has had the respect of the profession, and used it as the means of raising a large family. And now, although forty winters have rolled over since the occurrence referred to, leaving the head of that then young man almost as white as the frost, the manly form, pleasing face and generous conduct of Mr. Peyton are fresh and green in his memory, and he has here undertaken this imperfect sketch of his recollections of Mr. Peyton as a small tribute to his memory.[27]

DAVID S. YOUNG.

Staunton, Va., January 31st, 1879.

[27] The young man above mentioned was D. S. Young himself.

FROM HON. GEO. W. THOMPSON,

FORMERLY M. C. FOR THE WHEELING DISTRICT, W. VA., AND UNITED STATES DISTRICT ATTORNEY FOR WESTERN VIRGINIA.

HIS IMPRESSIONS OF JOHN HOWE PEYTON.

Steenrod, near Wheeling, W. Va., June 11th, 1879.

_To Col. John L. Peyton, Staunton, Va._:

_Dear Sir_--Your note of May 31st was forwarded to me at the "Hills" in Marshall county, and thence to the court at Clarksburg, from which I have returned this week. I have hastened, and possibly with too much haste, to reply to your note. Herewith I send you the impressions your father made upon me. It is perhaps a little severe and stern for the effeminate men of these times, but the latter would be benefitted by comparison or contrast with the men of that day in which John Howe Peyton and Briscoe G. Baldwin were the samples of excellence.

My acquaintance with John Howe Peyton became more intimate in 1828, when I was Attorney for the United States for the Western District of Virginia. He was then prominent as a remarkable man, and as an able and distinguished lawyer. He was a man of that tone and quality of mind, which soft and vacillating natures, or other minds not well grounded in high principles of conduct, _might_ term austere. The logical character of his mind was that of severity of thought, and well trained in historical criticism. From such a mental const.i.tution and from such culture all his motives of conduct, public and private, may well be supposed to have been the convictions of principles. As a statesman such a man could not do otherwise than shape his public life to the loftiest patriotism, as a lawyer to the sternest integrity of public right and justice, and as a man to all that was above what was low, base, or corrupt, or even common-place. Hence as a party leader or defender of right he had no mercy, in the public discussions of his times, for the mere trickster and demagogue, as public prosecutor he had no compromises with crime or guilt, and as a lawyer was inflexible and professionally just in the application of the principles of the law, which he looked upon as a science which tended to secure the rights of men and preserve the purity of the general life. There were not many men who could make such quick and decisive a.n.a.lysis of facts, and generalise from them the principles by which they should be governed, and state the results to which they lead, and this both in the domain of politics and of professional life. Young men, who desired to reach eminence and solid character, would seek his company and find a friend and counsellor, but not a companion in the familiar sense, while those of feeble texture of mind would, in a certain sense, be overawed and repelled. I should say his mind belonged to the Doric order--ma.s.sive, almost severe in its simplicity, and strong, and in these qualities, conservative.