On leaving home to go the round of the circuit, Mr. Peyton always placed his wife and children under Ben's protection and never had cause to regret it. He was sober, industrious and honest--every way worthy of the trust reposed in him. Thirty odd years later, when Mr. Peyton was prostrated by paralysis in 1845, his attached servant and friend was ploughing in a field near the Montgomery Hall Mansion. Hearing cries of alarm from the family, he abandoned his team and ran to the house, and elbowing himself into his master's room a.s.sisted in ministering to him till the arrival of the family physician.

From that hour to Mr. Peyton's death in 1847, he slept in his room, helped to watch over him, administered his medicine, drove him in his phaeton, when his health admitted of it, and looked after his comfort in every way, and was never over thirty minutes out of his presence till Mr. P. died, when he seemed broken-hearted. Mr. Peyton's executor offered Ben his freedom and a life annuity, which he declined--he preferred to remain with his old Master's children, and did so until his death, which occurred about 1855, the aged, trusted Servant sinking into the grave a sincere Christian, loved and respected by all who knew him, and with the confident hope that he would meet his old Master and friend among the Saints above. Among those whose admiration for the character of this faithful servant led them often to speak of him with pleasure, was the late Col. John B. Baldwin, who never, while he lived, allowed Ben, and the history of his good and faithful services, which for several years came under his observation, to go unmentioned--or unrewarded.

JOHN H. PEYTON TO MRS. PEYTON.

Warm Springs, Sept. 1st., 1823.

_My Beloved Ann_:

On the day we parted the Judge (Archibald Stuart) and myself arrived without adventure at General Blackburn's.

On the next day at Colonel Cameron's and on Tuesday at two o'clock arrived at Huntersville, the seat of Justice of Pocahontas county--a place as much out of the world as Crim Tartary. Owing to the bad conditions of the roads we were much fatigued and bore many marks of travel-stain. The so-called town of Huntersville consists of two ill-constructed time-worn, (though it is not time which has worn them,) weather-beaten cabins built of logs and covered with clapboards. My negro cabins on Jackson's river are palaces in comparison with them.

One of these wretched hovels is the residence of John Bradshaw, the other is called the Loom-house for these people are self-sustaining.

They spin and weave. The big wheel and the little wheel are birring in every hut and throwing off the woolen and linen yarn to be worked up for family purposes. The home-spun cloth, too, is stronger and more durable than that brought by our merchants from Northern manufacturers.

In Bradshaw's dwelling there is a large fire-place, which occupies one entire side, the gable end. The chimney is enormous and so short that the room is filled with light which enters this way. It is an ingenious contrivance for letting all the warmth escape through the chimney, whilst most of the smoke is driven back into the chamber. In the chimney-corner I prepared my legal papers before a roaring fire, surrounded by rough mountaineers, who were drinking whiskey and as night advanced, growing riotous. In the back part of the room two beds were curtained off with horse-blankets--one for the Judge, the other for myself. To the left of the fire-place stood old Bradshaw's couch. In the loft, to which they ascended, by means of a ladder, his daughter and the hired woman slept, and at times of a crowd, a wayfarer. The other guests were sent to sleep in the Loom-house, in which was suspended in the loom, a half-woven piece of cloth. Three beds were disposed about the room, which completed its appointments--one was allotted to Sampson Matthews, a second to John Baxter, the third to George Mays, and John Brown. The loom was used as a hat-rack at night and for sitting on, in the absence of chairs, in the day. As there was not a chair or stool beyond those used by the weaving women, my clients _roosted_ on the loom while detailing their troubles and receiving advice.

Bradshaw's table is well supplied. There is profusion, if not prodigality in the rich, lavish bounty of the goodly tavern. We had no venison, as this is a shy season with the deer, but excellent mutton with plenty of apple sauce, peach pie, and roasting ears. As a mark of deference and respect to the Court, I presume, we had a table-cloth--they are not often seen on Western tables and when they are, are not innocent of color--and clean sheets upon our beds. This matter of the sheets is no small affair in out of the way places, as it not unfrequently happens that wanderers communicate disease through the bedclothing. Old Bradshaw's family is scrupulously clean, which is somewhat remarkable in a region where cleanliness is for the most part on the outside. A false modesty seems to prevent those salutary ablutions which are so necessary to health, and I did not commend myself to the good graces of the hired woman by insisting on my foot-bath every morning.

We remained five days at Huntersville closely engaged in the business of the Court, which I found profitable. Pocahontas is a fine grazing county, and the support of the people is mainly derived from their flocks of cattle, horses and sheep, which they drive over the mountains to market. There is little money among them except after these excursions, but they have little need of it--even want is supplied by the happy country they possess, and of which they are as fond as the Swiss of their mountains. It is a pretty country, a country of diversified and beautiful scenery in which there is a wealth of verdure and variety which keeps the attention alive and the outward eye delighted.

On Sat.u.r.day the Judge and I visited Sandy Lockridge, where we were very hospitably entertained. His house is every way a respectable dwelling, with plenty of room and much good furniture. On Sat.u.r.day we returned to Col. Cameron's and this evening arrived here in sound health and excellent spirits, notwithstanding our rough experiences. I was much disappointed not to find a letter awaiting me from my dear wife. Ben Crawford has, however, relieved my anxiety, by telling me that he saw you on Sat.u.r.day sitting at the front window of your dining-room writing, and thought he heard the prattle of Susan in the room. I imagine you were writing to me and hope tomorrow's mail will fetch the coveted letter.

Your father's will has been recorded in Alleghany county and your brother William has qualified as sole executor--the sale is to take place day after tomorrow, but nothing will be sold but the live stock. I have seen none of our relations or connections since I left home--have learned these facts from others.

Accept the best wishes of your husband for yourself and our dear little girl, and believe me,

Yours affectionately, JOHN H. PEYTON.

LETTER FROM JOHN H. PEYTON TO HIS WIFE.

In 1826, John H. Peyton obtained an appointment as cadet at West Point for his brother-in-law, John B. Lewis, of the Sweet Springs. As young Lewis was inexperienced, had never traveled beyond the limits of Virginia, Mr. Peyton determined to accompany him to the United States Military Academy, though the journey at that day was long and tedious and his professional engagements made his absence at any time a matter of great inconvenience to himself and clients.

The following letter to Mrs. Peyton will be read at this day with interest and something like astonishment, so great has been our progress and development within the past sixty-five years--such changes would hardly have occurred in European countries in centuries. At that day the old-fashioned stage-coach was still in use, there were few macadamized roads and no railways. The entire journey, therefore, from Staunton in Virginia, to West Point, was made in what were called "hacks,"--most of them rickety and unsafe, and in steamboats no better, and not so safe as the Tug and Ferry boats of the present and as unlike as possible the floating palaces of our day. It must be remembered that railroads were not opened in the United States until 1830, and travel was somewhat in the unsatisfactory state described by Mr. Pickwick.

"Travel," said Mr. Pickwick, "is in a troubled state, and the minds of coachmen are unsettled. Stage-coaches are upsetting in all directions, horses are bolting, boats are overturning and boilers are bursting."

Such was true in no Pickwickian sense in our country in 1826, and the perils of traveling were increased by the use of high pressure engines on the boats, and unskillful drivers and bad horses in the coaches.

There was not much improvement in things in Virginia since A. D. 1665, when Colonel Valentine Peyton, of Nominy, in the county of Westmoreland, Virginia, thus remarks in his last will and testament [See April number, 1881, of the New England Historical and Genealogical Register] before leaving home, "_being about to take a voyage to Jamestown and knowing the life of a man to be uncertain. I doe make this my last will and testament_." If a man were indifferent to such dangers, there was little pleasure to be derived from traveling. The taverns were miserable, and the rural districts almost dest.i.tute of the comforts of civilized life.

Excitement there might have been in journeying then, but none of the pleasant exhilaration which attends a jaunt in a Pullman now-a-days. Mr.

Peyton makes no complaints, though it is obvious from his description of a half-hour's "nap" on the Baltimore boat, that he had not stumbled upon a bed of roses.

JOHN H. PEYTON TO HIS WIFE.

New York, June 18th, 1826.

_My Dear Ann_:

On the 15th at 5 o'clock we left Baltimore on the steamboat for Philadelphia. The view of the city, Fort McHenry, the light-house on North Point, and of the Chesapeake Bay, with its numerous vessels spreading their canvas to the winds just as the sun was sinking below the horizon, was animating and enlivening, majestic and sublime. From the prow of the vessel, I contemplated this interesting scene as long as the light enabled me to enjoy its beauties. Soon after dusk a pealing bell summoned us to the supper table, where we were surprised to find a sumptuous repast spread out. We had not antic.i.p.ated such variety or delicacy of food. After partaking of the good cheer, we drew lots for our berths. I was unlucky--my berth was so warm, not to say hot and stuffy, that before I could get any sleep our arrival at French town was announced. Turning out at 12 o'clock at night, but with no regrets, we shortly after continued our journey, and at 3 o'clock in the morning, found ourselves at New Castle. Here we re-shipped in a steamboat without berths. This I did not regret after my recent experience of them, and Benjamin and myself essayed to secure a half-hour's sleep stretched upon two pine benches. How long we might have courted sleep on these hard and narrow couches, I know not. We were not left to make the experiment any length of time, but were shortly roused up by the bustle among the seamen and pa.s.sengers preparatory to landing at Philadelphia. The breakfast table, when we entered the so-called saloon, was smoking with coffee and steak, and about the time we had paid our respects to both, the boat was at Chestnut street wharf. Landing here we proceeded immediately to Campbell's, and it was a glad surprise to find him astir, thanks to the business habits of the city of brotherly love.

Under his guidance, after another cup of coffee and a hot roll, we proceeded to attend to the numerous commissions with which we were charged. This occupied us something over four hours, when we bade our friends adieu and went aboard the New York steamer. About 6 o'clock p.

m. we reached Princeton, where I spent four of the happiest years of my youth, and which I had not seen since taking my degree in 1797. The stages were running with such rapidity, however, that it was impossible to call, as I wished, upon my old friends, Dr. Alexander and Prof.

Comfort, or deliver the letter for Miss Waddell, but I chanced to meet a young gentleman of my acquaintance from Washington, who stopped at Princeton, by whom I sent it to her.

I shall make it a point to stay over a day at Princeton on my return. In due time we arrived here. Benjamin is perfectly well, does not regard either the fatigues or loss of sleep, but I am worse for the wear and tear. And I would not advise those to take the trip whose only business is pleasure.

On yesterday I dined with Mr. Gallagher, where I met Mr. Reid, who, you may remember, preached some time since at the Presbytery in Staunton. He is to preach in New York to-day, and I hope to hear him. He is highly esteemed here as a preacher and man. In the evening I took tea with Mrs.

Murray, mother of my brother Rowze's wife, where all the family were collected round me making enquiries after their relatives and friends in Virginia. For the most part I was unable to gratify their curiosity, having recently neither seen nor heard of the kith and kin in Richmond or the Northern Neck.

At 10 o'clock tomorrow I shall set out for West Point with Gen. Huston, of Tennessee, to whom I was introduced on yesterday by Gen. Scott. [Gen.

Winfield Scott.] I requested Miss Heiskell of Philadelphia, to execute Jane and Lynn's commissions, which she promised to do against my return.

Give my love to all the family,

Yours affectionately, though in much haste, JOHN H. PEYTON.

ANECDOTE OF JOHN H. PEYTON IN A CRIMINAL CASE.

Shortly after his eldest son, William, entered upon the practice of law in 1823, when attending court at the Warm Springs, Bath Co., he mortified his father, John Howe Peyton, exceedingly by a piece of off-hand levity, which the latter regarded as a most undignified proceeding, unworthy of the profession. Young Wm. Peyton was employed to defend a man charged with horse stealing, and as there was only circ.u.mstantial evidence to prove his guilt, W. M. Peyton, who was much exhilarated, for it must be remembered that the case came on after dinner, set up the defence that according to the principles of science, and of a new science likely to prove both useful and ornamental, it was impossible his client could be guilty. He then referred to and explained the theories of Gall and Spurzheim, and declared that according to the phrenological b.u.mps on the head of his client, theft was a crime he was incapable of committing. He argued with much gravity and ingenuity in this direction, amidst the suppressed giggling of the bar, to the great chagrin of his father, who was the public prosecutor, and to the thorough mystification of the county court. This body was composed of country gentlemen unacquainted with law, and it was one of their boasts that they made up their decisions, not so much in accordance with the principles of common law, as of common sense. W. M. Peyton went on, and drawing from his desk a copy of Combe's phrenology, ill.u.s.trated it with plates, exhibited it to the jury, and declared that at the point on the pericranium of his client, where there should be a protuberance if he were capable of robbery, there was not the slightest development, and asked, what is the value of science, if we discard its teachings? He then made an animated and eloquent appeal to the feelings of the jury, based upon the humane principle of the common law, that it is better that ninety-nine guilty men should escape than that one innocent person should suffer, and declaring his conviction of the prisoner's innocence, asked them to give him the benefit of every doubt and lean to the side of mercy.

His father, in reply, commented severely upon the airiness of his son, as inconsistent with the administration of justice and the dignity of the profession. He ridiculed Gall and Spurzheim's far-fetched theories, which he declared were not scientific deductions, but only speculative opinions, and brought the whole defence into contempt, by referring to the human skeleton, saying, "If you run your eye down the spine it alights upon the _oscoccygis_." Neither the court nor the jury understanding what these words meant, but overcome by the ludicrous manner of Mr. Peyton, both burst into a hearty laugh. "Now," he continued, "this oscoccygis is nothing more nor less than a rudimentary tail, as Lord Monbeddo has well said, and I suppose we shall have some modern philosopher startling the world again with the proposition that man once flourished a tail, but of which the civilized use of a chair has, in process of time, deprived him." He continued, somewhat in this style, "I say nothing against philosophers nor tails, both are useful in their way. What would a cow do without her tail, especially on our fly-pestered prairies, or the Pampas of South America? What would a monkey do without this caudal appendage and its prehensile quality? With him it takes the place of hands. And shall we have philosophers telling us we received our hands when we lost our tails, and that the monkey lost the use of his hands because of his peculiar facility of using a tail? A beautiful science," said he, "is the phrenology, according to the theory of the learned counsel for the prisoner. To all standing in the unenviable position of his client, it will prove, if the learned gentleman be correct, not only a thing of beauty, but a source of comfort and a joy forever. To the murderer, the burglar, the highwayman, to all in fact, who wish to be rid of the responsibility which attaches to their actions, it will become a positive blessing. Not to these only, but to the entire community--it opens a brilliant prospect of life, of life as it should be in this enlightened age, at this advanced period in the progress of the world. Upon the ruins of our present immature civilization it will uprear a charming state of society. Under the vivifying influence of this new system, mankind will be happy, perfectly happy; and until the auspicious day when the new order commences, this 'consummation so devoutly to be wished,' need not be antic.i.p.ated.

Throughout the world, at least so much of it as is illuminated by the light of phrenology, perfect liberty will obtain, and the present generation will wonder at the darkness in which their ancestors groped.

Justice will reign supreme, and our statute books will be no longer disgraced by those dreadful laws founded in ignorance, superst.i.tion and cruelty, which consigns a helpless and irresponsible man, criminal you call him, to the merciless hands of the executioner. It will be clear as the noon-day sun, that law and liberty cannot co-exist, that they are natural enemies. Along with this knowledge will come a resolution to demolish the whole system of our jurisprudence, to cart off the rubbish and subst.i.tute in the place thereof a new, n.o.bler, and higher civilization. Poor weak man will no longer be held accountable for his actions. The infirmities of his nature will become a recognized principle, that men are but men, will be evident to all men. It will be understood that from the foundation of the world it was determined, pre-destined, and fore-ordained that he should act thus and thus, and that, therefore, he cannot be justly rewarded for any action however meritorious, nor punished for any crime, as we term it, how atrocious soever. Men will stand aghast that laws should have existed, and for so many ages, for afflicting a human being for actions, over which it is clear, according to the prisoner's counsel, he had no control--actions, in fact, which they were bound to perform, by an irresistible law of human nature. Then will it be seen that men commit murder, perpetrate rape, and apply the torch because they cannot help it. Gentlemen of the jury; no line of argument would be shorter. I leave you to determine its soundness."

"But to be serious," said Mr. Peyton, who though cheerful in his disposition, had a manner so tempered with gravity as to check the indecent levity, "I must refer, before closing, to the conduct of the prisoner's counsel, and remark that some speakers are more anxious to display their eloquence, than to promote the public good. Now when this is the case, as I must charitably suppose it to be on this occasion, oratory is a useless gift, and such fine speeches as we have had to-day are simply disgusting. When great talents are employed to support a bad cause, perhaps from selfish motives, I trust and believe that this is not the case now, they are objects of universal contempt. Oratory, with all its pleasing charms becomes an instrument of mischief, when used by an unprincipled man as, when resorted to by a good man, its happy influences almost exceed belief. An orator, who thus uses his talents, without reference to his personal interests, if he do not succeed in his efforts, at least enjoys self approbation and that of his G.o.d."

In this manner Mr. Peyton threw the defence into ridicule and disrepute.

This sound sense and keen sarcasm was too much for Wm. Peyton's after dinner eloquence, and from a brief consultation, the jury returned and delivered a verdict condemning the prisoner to the penitentiary for two years.

The Hon. David Fultz, of Staunton, recently judge of the circuit superior court of Augusta county, who was present on this occasion, told the writer twenty years ago that he had never, during his career at the bar, been so much interested or amused by any trial as this. The disgust of my father at such a defence being set up, the elation of his son at the probable success of his ruse, the bewilderment of the court and jury, both of whom seemed lost in a fog, the suppressed merriment of the audience, which did not comprehend exactly all that was transpiring, but which to some extent entered into the fun, rendered the whole scene inimitable.

MR. PEYTON'S VIEWS AS TO A FIDDLING LAWYER.

"Music," said Mr. P., "is out of place in a court house, I never knew a fiddling lawyer to succeed, especially if nature designed him to play that useful, yet much despised instrument, the 'second fiddle,'--a good enough instrument for a duet, but one on which no successful _solo_ was ever played."

MR. PEYTON ON RELIGIOUS AND POLITICAL TOPICS.

In 1840, Mr. P. and his brother-in-law, Colonel Wm. L. Lewis, met at the home of a mutual friend. In religion Col. L. was a Roman Catholic and in politics a disciple of John C. Calhoun. Discussion arose between them and became so warm on the part of Col. Lewis, that their friends feared they might result in a feud. Not so, however. Mr. P.'s moderation was equal to his vigor, and he soothed his brother's discomfitures by his logical reasoning.

"There is no necessity, William," he would say, "for difference of opinion creating hostility. It must be admitted by all that there is great variety in the tastes, habits and opinions of mankind, and it is necessary that it should be so. That partial discord tends to general harmony is more than poetically true, for, if all men were to set their minds upon living in the same climate, or under the same government; or, if all the people of a country had an unconquerable desire to live in the same town; if all the inhabitants of a town were to have a good opinion of only one physician, or of only one preacher, or lawyer or mechanic, or could only relish one article of food, or fancy only the same dress; or, if all men were to fall in love with the same woman, or all the women with the same man, what would be the consequence? Why from a feeling of seeming agreement, universal discord would result.

"Even the value of truth is best appreciated by the opposition it meets with, and falsehood and error are detected by the discriminating powers of opposite sensations and feelings. That there should not be uniformity upon many important subjects, such as the theory of government, etc., must be the stamp of heaven. For myself, I claim freedom of opinion as an inherent right, provided it does not disturb the established order of society. I fear your nullification views go this length. However, let me proceed: No man has a right to be offended at my opinion, or hold me in contempt for entertaining it, for it does him no injury; and what I claim for myself, common justice requires that I should allow to others; and did we well consider, that this disparity of an over-ruling Intelligence, we surely should not suffer it to be the cause of feelings of animosity to our fellow human beings, though their political or religious opinions should be the opposite of our own--still less such old friends as ourselves. For," continued Mr. Peyton, "unless we had been subjected to the same involuntary impressions and sensations that other persons have been, which is, perhaps, impossible, we can be no judges of the merits of their opinions, or how they have outraged truth and reason, even admitting that they are in error. If it should be contended that truth and reason are immutable, and when two differ upon a fundamental truth, there must be deviation from reason and truth in one of the parties. I would admit it to be so, if the question was susceptible of mathematical demonstration.