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diff --git a/38007.txt b/38007.txt new file mode 100644 index 0000000..4eaa3ac --- /dev/null +++ b/38007.txt @@ -0,0 +1,10208 @@ +The Project Gutenberg EBook of Memoir of John Howe Peyton, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Memoir of John Howe Peyton + in sketches by his contemporaries, together with some of + his public and private letters, etc., also a sketch of Ann + M. Peyton + +Author: Various + +Release Date: November 13, 2011 [EBook #38007] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIR OF JOHN HOWE PEYTON *** + + + + +Produced by Barbara Tozier, Bill Tozier, Julia Neufeld and +the Online Distributed Proofreading Team at +https://www.pgdp.net + + + + + +Transcriber's note: For this text version passages in italics are +indicated by _underscores_. Bold is indicated by =bold=. Small caps +have been replaced by ALL CAPS. + +Misprints and punctuation errors were corrected. A list of other +corrections can be found at the end of the text. + + + + + MEMOIR OF + + JOHN HOWE PEYTON, + + IN SKETCHES BY HIS + + CONTEMPORARIES, + + TOGETHER WITH SOME OF HIS PUBLIC AND PRIVATE + LETTERS, ETC., ALSO A SKETCH OF + + ANN M. PEYTON. + + COMPILED BY + + The Author of the History of Augusta County. + + _Rudis Indigestaque Moles._ + + [Printed for private circulation.] + + STAUNTON, VA.: + A. B. BLACKBURN & CO., + MDCCCXCIV. + + + + + PREFACE. + + +The following sketches of John Howe Peyton, by some of his +contemporaries, and the scanty material gleaned from an imperfect file +of the _Republican Farmer_ (newspaper) of 1811-12, and from the +_Staunton Spectator_ from 1838 to 1847, (between 1811 and 1830, only a +few mutilated and unbound Staunton newspapers exist,) and a small parcel +of family papers, letters, etc., which escaped destruction during the +civil war; are all that can be found to throw any light upon the life of +one of Virginia's purest men and greatest lawyers.[1] And thus his fame +must largely rest upon the applause and praises, which his efforts +called forth, with his immediate hearers and admirers. This deplorable +want of material for a portrayal of his life and character, is not +peculiar to his case. Few of those who have astonished their +contemporaries by their wit and genius, and who were held in the highest +admiration in their day, have left behind them memorials sufficient to +justify their fame. This is so as to many of Virginia's eminent lawyers, +and of even some of her most renowned public men. As to some of these +the record is decidedly nebulous. Patrick Henry left behind such scanty +remains, that great as were his oratorical talents and patriotic +services, his fame rests rather upon the praises of others, than upon +what he left behind of his own work. In this reflected or traditional +way, his record is splendid, and so is that of John Howe Peyton, who, +without overrating his merits and doing injustice to the memory of any +of the jurists of the time, may be styled the greatest legal genius of +his day. The universal opinion of his contemporaries goes to prove that +in the science of criminal or penal law, of civil injuries or torts, and +as a Public Prosecutor he had no equal, and it is as well established +that in no department of the law had he any superiors. And this want of +material is equally true of his great contemporaries, such as Daniel +Sheffey, B. W. Leigh, and Chapman Johnson, so that like his, their fame +rests on tradition. Alas, that they had not left something of their own +productions--enough, at least, to enable us to have measured them as +thinkers, writers and speakers. That they were all great men is beyond a +doubt, for it is only the great man who touches the heart of the people, +as well as their intelligence. + + [1] Note.--In the library and papers of his son, J. L. Peyton, + which were stored for safe keeping on his estate in Alleghany on Jackson's + River, and in the Valley of the Falling Spring, in the Spring of 1861, + there were many boxes of MSS., letters from various members of the + family, written between 1740 and 1860, and often the answers of them. + The letters were from John Peyton, who died in 1760, John Rowze Peyton, + John Sergeant, C. J. Ingersoll, Jos. R. Ingersoll, J. M. Berrian, Thos. + Jefferson, John Marshall, James Madison, Bishop Madison, Governor Tyler, + John Scott, of Fauquier, Dr. Alexander, D. D., Bishop Meade, B. W. + Leigh, Chapman Johnson, John S. Archer, Gov'r. McDowell, Governor + Campbell, Thos. H. Benton, Henry Clay, Daniel Webster, Wm. C. Rives, + Gen. Francis Preston, Wm. C. Preston, William Preston, J. M. Preston, + Wm. B. Preston, John Floyd, Judge A. G. Dade, John Yates, Bushrod + Washington, Gov. Thos. Mann Randolph, H. A. Wise, John Randolph, of + Roanoke, John Tyler, Spencer Roane, and others; and Mr. Peyton's letter + book, beginning about 1806. The whole of this invaluable mass was burnt, + or destroyed, together with Col. Peyton's library, by Federal troops + during the civil war. Cr. + +There was little of incident or stirring adventure in the life of Mr. +Peyton, and this is the case generally, as to literary and professional +men, but the life of such a man should not be permitted to sink into +oblivion. He is represented by his contemporaries to have been a great +and truly good man, who pursued his profession, not merely to gain a +subsistence, but to do good, to advance justice and humanity, to promote +the well being of his fellow creatures, and the general interests of +society. Not his eloquence alone, but all of his powers were ever +exerted for the cause of right and justice. And thus his gifts became a +public benefit and blessing. If such a man does not deserve to be +remembered, we might well ask, who does? + +During the two brief episodes in his professional life, when a member +first of the lower and then the upper House of the General Assembly, he +labored to improve the Criminal laws, the Land laws, the laws relating +to the rights of person and the rights of property; in fact, our whole +system of jurisprudence, and to advance the cause of popular education +and of internal improvements. + +He was a man of large and progressive ideas, ready to accept any and all +improvements, if persuaded that the remedies proposed were, indeed +improvements, but while always ready to correct abuses, he was far from +believing that all change meant reform--was too sagacious and far +seeing, too much alive to the public interests, to encourage rash and +ill advised men or measures, was wise and firm enough to oppose all +fanatics and _doctrinaires_, in their excesses. In fact he stood in the +way of these men and opposed their measures, as tending to the +subversion of existing laws and the Constitution, and the introduction +of anarchy and confusion. As a Public Prosecutor, it was both his duty +and ambition to see the laws faithfully executed, and an example made of +evil doers. In a word, he was a man who sought to do his duty, not to +gain the applause of men, but to meet the approval of his God. At all +times, and on all occasions, he was zealous for the common weal; and +such was his goodness and magnanimity, that he desired to conceal, +rather than display his deeds, and derive fame from them. If his course +was beneficial to mankind--advanced the interest and prosperity of +society and his country--he was content. For himself, he asked nothing, +and always derived happiness from the preferment of others. Public +honors were often bestowed upon others, which were looked upon as his +due. So far from regretting it, or envying those who got them, he +enjoyed seeing competent men promoted and when incompetent men were +advanced, he would say, "let us make the most of them," so far was he +from and above the littleness of vanity and jealousy. In a word he +belonged to the class which "finds tongues in trees, books in running +brooks, sermons in stones, and good in everything." Of ambition for +noisy honors, newspaper notoriety, or office, he had none. If ambition +he had, it was gratified by the general recognition of the purity of his +motives, the inflexibility of his personal integrity, by the evidences +he constantly received that his labors to alleviate human suffering and +to cure social disorders, were understood and appreciated. If he had +ambition, it was to do good to his forlorn fellow creatures, to excel in +his profession, and this latter he did so eminently that the great +lawyers in every part of the State consulted him on many if not all +important cases and abstruse points, and for years no law was passed, +nor any important change made in existing laws, by the Legislature of +Virginia, without members of the body, especially of the judiciary +committee, asking his opinion and advice. That he had true ambition, +loved honorable fame, we doubt not, and thus this exalted passion was, +as we opine, the source of those noble actions and life-long labors, +which caused him to be so much honored while living, and to be so +venerated now that he is dead. And it is the duty of posterity to +bestow on him that praise, after his death, which he declined while +living. + +Believing that the most efficacious method of exciting the talent of the +living, is to confer due honors on departed merit, we have, nearly fifty +years after his death, and thirty years after the destruction of his +papers and almost everything throwing light upon his life undertaken +this compilation. It must necessarily be very imperfect and incomplete, +but inadequate as it is, it seems well to preserve it, as showing a +wish, at least, to give to heaven-born talent its due. + +We should like to have had sufficient material for fully portraying this +remarkable man, his actions, his feelings, his thoughts and his +adventures. Such a work would have derived additional interest from the +fact that it would have recalled and preserved the recollection of his +companions and friends, the kindred spirits of his day, now dead and +nearly forgotten. As this could not be done, we have garnered up, in a +fragmentary way, and not always in chronological sequence, the material, +some of it light and trivial, [for it is said, P's 1st, "of the Godly +man" "his leaf also shall not wither,"] presented in the following +pages, and while it is only a half lifting of the veil of oblivion, it +gives us a glimpse, at least, into an almost forgotten life, and serves +too, to keep in memory his interesting family of Montgomery Hall. Like +all families, it has been dispersed, but it richly deserves to be held +in memory and handed down to posterity. + +In one of his eloquent sermons, Dr. Talmage thus speaks of oblivion, +which he styles the cemetery of the human race. "Why, just look at the +families of the earth how they disappear. For awhile they are together, +inseparable and to each other indispensable and then they part, some by +marriage going to establish other homes, and some leave this life, and a +century is long enough to plant a family, develop it, prosper it, and +obliterate it. So the generations vanish." + +Mr. Peyton's family, forming no exception to the rule, has been +dispersed, but it survives in its branches and without signs of decay. +Indeed, some of the young shoots exhibit the life and vigor, the virtue +and valor of the original stock, which has stood for centuries, in the +language of Lord Bacon, "against the winds and weathers of time." May +these vigorous branches spread out, increase, keep pace with the grand +march of humanity, and the oblivion of the family be as distant in the +future as was its origin in the past. + +This, we believe, will be the case, for we do not belong to those who +imagine that humanity is on the decline, that the energy of man is +decaying, that the heart is becoming harder, and the imagination and +intellect are dwindling away. On the contrary, in our opinion, man is, +on the whole, advancing, and will continue to advance, intellectually +and morally, until the world shall have answered all the purposes of its +creation and the immortal state begins. What else means the vast +improvement in morals, the ameliorations of war, the progress of +political science, the redemption of woman from her degradation and +bondage, the abolition of slavery, the general and wonderful progress of +the race the last hundred years. + +To his descendants now scattered through the States of Virginia, West +Virginia, Maryland, New York, and the far West, this compilation will +possess deep interest, if it possess none for others, and for them and +their connections alone, it is designed. May the remembrance and +contemplation of his virtues inspire them with a desire to imitate +them! + + + + + MEMOIR + + OF + + JOHN HOWE PEYTON. + + +John Howe Peyton, who acquired so much fame as a lawyer, statesman and +orator, was descended from Henry Peyton, of "Acquia", Westmoreland +county, Va., the first of the Peytons to leave England for Virginia, +which he did about the year 1644. Henry Peyton died at his home +"Acquia", in Westmoreland county, 1659. We learn from the National +Cyclopedia of Biography that from the period of their settlement in +Virginia to the present day, 250 years, the family has been "prolific of +men full of gallantry and public spirit, of thrifty habits, hospitable, +charitable and generous, whose lives have been useful and blameless, and +whose characters were without blemish". The grandson of the first +emigrant, or Henry Peyton the third, who removed to Stafford county, +left among other issue, a son, John Peyton, of Stony Hill, Stafford, who +was the grandfather of John H. Peyton, and is described as a man of +"undeviating rectitude of conduct, of unshaken constancy in friendship, +active in benevolence and pure in his habits." + +John Peyton left by his second wife a son, John Rowze Peyton, of Stony +Hill, Stafford county, who served seven years in the Revolutionary Army +and acquired by his dauntless valor and faithful discharge of duty, the +sobriquet of the "hero boy of 1776". He was a man of strong convictions, +probably of strong prejudices, and enforced his views in newspaper +articles, showing marked ability as a thinker and writer. His son, John +Howe Peyton, the subject of this sketch, was born at Stony Hill, April +27th, 1778, and died at Montgomery Hall, near Staunton, Augusta county, +Va., April 3rd, 1847. And it may be truly said that no one was more +loved, more honored or more mourned by those who knew him best. + +When a boy attending a country school near his birth place, young John +Howe Peyton was conspicuous for the beauty and intelligence of his +countenance, the comeliness of his person, the quaintness of his humor, +the vivacity of his spirits, and the pungency of his wit. The lad was +fond of outdoor sports and all athletic exercises, in which he engaged +daily, thus in good time developing his strength and securing for life a +sound mind in a sound body. These pastimes, however, did not interfere +with his studies, to which he devoted himself for years assiduously. And +he succeeded so well, in both mental and physical exercises, that it was +commonly said of him, that he was a boy who seemed to have come from the +hand of nature, formed and destined to do extensive good, and to excel +in every pursuit. So superior was he generally to his young companions +that he was, before twelve years of age, pointed out as one who already +gave evidence of his future abilities. When only sixteen years of age, +he had grown into a young man of remarkable strength of body and vigor +of mind, was full of pluck and spirit, and had acquired no small stock +of learning. His father determined to send him to the North for further +education. Accordingly he was entered at Nassau Hall Princeton +University, N. J., in 1794, then, as now, one of the most famous seats +of learning in the country, and much patronized by Southerners. His +previous training prepared him well for the University, where he quickly +took and kept a leading place till his graduation as A. M. in 1797. + +At Princeton he continued, as may be surmised, diligent in his studies, +and while going through the usual scholastic routine engaged in an +extensive private course of philosophical, metaphysical, historical and +general reading. His thirst for knowledge was insatiable, and he kept up +this habit in after years, and to give his family a taste for literature +was in the habit of reading aloud to his children of evenings the plays +of Shakespeare, the writings of Addison, Swift, Johnson, Goldsmith and +other standard authors. He also attended the debates in the Whig +Society, (an association of young collegians, formed for mutual +improvement,) where he won distinction as a speaker and debater. He was +singularly free from the usual vices of youth and that sensuality and +egotism, which is the source of so many miseries. In consequence of his +high standing as a scholar, orator and man--and no young man was more +noted for his exemplary habits, straightforward conduct and nice sense +of honor--he was held in great respect in the University, alike by +professors, tutors and fellow students. But he never showed the +slightest consciousness of his endowments or discovered any vanity at +the extent and variety of his attainments, and the impression they made +on others, but enjoyed his success with propriety and good sense. He +made many friends at Princeton, and if they were not afterwards of +service to him, they were certainly a comfort. His object then, as ever +afterwards, was not to shine, for ambition was not his failing, but he +was incited by a thirst for knowledge and a desire for excellence. +Having secured high academical honors, which are the laudable objects +of any young man's generous ambition, by taking his A. M. degree, he +returned to Virginia in 1797, immediately thereafter commenced, and in +due time completed his legal education, and in 1799 entered on the law +practice. Judge R. C. L. Moncure, President of the Supreme Court of +Appeals of Virginia, says of him in his private journal: "He took a +position on being admitted to the bar, which brought him immediate and +continued popularity as a lawyer, a pleader and a scholar." His progress +was indeed rapid, and he soon proved to be acute, deep, cautious, +methodical and persevering, with extraordinary administrative ability; +and was noted for his personal magnetism, his animal spirits and social +powers, as well as his forensic abilities. + +At this time he was six feet two inches high, of strong, lithe and +vigorous frame, weighing about 180 pounds. His manners were affable and +engaging, and were characterized by dignity and grace. He was fond of +conversation, and his conversation was animated and instructive. He +always, indeed, spoke with so much point that he appeared superior to +others of his age in wisdom and understanding. To his solid attainments +and well-bred and polished manners he joined a generous heart, virtuous +principles and a chivalric sense of honor. These gifts and +accomplishments soon inspired all who knew him with respect and esteem, +and this admiration was due to none of those artifices so common with +"people's men," or of that subserviency which so often leads to +popularity, and which contra-distinguishes the man without principle, +who wants office, from the man of principle whom office wants. It was +also discovered that he was broad and liberal in his views and opinions +on politics and religion, and indeed on all social questions--was free +from cant and hypocricy, and was without any of that duplicity in youth +which is the forerunner of perfidy in old age. Toward all men he was +charitable, and did not require them to see things as he saw them; he +allowed of a difference of opinion without treating a man as a heretic +in religion, or a knave and traitor in politics because he sought to +serve God or his country by a different course or policy from himself. +He not only respected but venerated all men who were loyal to truth. His +influence was consequently very great and was soon enhanced by the +discovery that he was a man of stern and uncompromising integrity and +inflexible firmness, or unlimited courage, a courage which extended to +rashness, a man who could not be moved from the path of duty by "fear, +favor or affection," and we may add that he went through a long, +eventful and trying life without suspicion of any kind of vice. He was +soon looked up to as a person not only of eminent merit but exalted +character, who would, if the occasion arose, become a hero, ready and +able to defend the rights of the people and the liberties of his +country. Early in the century 1802-3 he was commissioned captain of a +volunteer company of cavalry and drilled his command, composed of young +gentlemen of Stafford and Spottsylvania counties over the country from +Acquia Creek to Fredericksburg, and the annals of British Field sports +were never illustrated by more daring feats of horsemanship, the +clearing of fences, gates, hedges and ditches, than were performed by +these Virginian riders. + +In 1804 he married Susan, daughter of William Strother Madison, a niece +of the Right Rev. James Madison, Bishop of Virginia, and relative of +President Madison, by whom he left an only son, the late Col. William M. +Peyton, of Roanoke, who was himself a man of gifted intellect and +extensive acquirements, of upright and honorable character, who acquired +as a public speaker and member of the House of Delegates of Virginia, a +distinguished reputation for ability and statesmanship. We anticipate +events in order to state that after losing his wife by her untimely +death, he married in 1821 Ann Montgomery Lewis, a daughter of the old +Revolutionary hero, Major John Lewis of the Sweet Springs; by his wife +Mary, a daughter of the gallant Col. William Preston, of Smithfield, +Montgomery county, who was wounded at the battle of Guildford, from the +effects of which he died years afterward. By his second marriage he left +ten children. In 1806 he was elected to the House of Delegates. This +gave him little or no pleasure, as he preferred the profession but he +served several years, up to 1810 on public grounds. Though there was not +much scope in the House for his powers, he took an active part in all +business and in the debates, and such was his political sagacity, his +indomitable energy and his vehement eloquence, that he had almost +unrivaled power over his hearers and soon became a leader, inspiring his +followers with enthusiastic love and admiration, and was regarded by +them, if not by both sides of the Chamber, as the ablest man in the +House and the equal of any in the State. At that period he was as +remarkable for his wise and prudent counsels as for his invincible +eloquence. + +During the session of 1809-10 Mr. Peyton made the celebrated report as +to an amendment of the Constitution of the United States, which is +appended to this sketch. + +Staunton was early in the century a no inconsiderable town, and to +lawyer and litigant alike the most important point west of the Blue +Ridge Mountains, because the seat of the superior courts of law and +chancery--the jurisdiction of the chancery court extending over the +whole western part of the State. This fact caused many able and learned +lawyers to make it their home, among the most prominent were Judge +Coalter, Daniel Sheffey, Chapman Johnson, Briscoe G. Baldwin and Samuel +Blackburn, and the terms were attended by such legal lights, from other +circuits, as George Hay, William Wirt, P. P. Barbour, B. W. Leigh, L. W. +Tazewell, Henry St. G. Tucker and others. Staunton was then regarded, +and for many years later, as having the ablest resident bar in the +State. + +In 1808, Mr. Peyton removed to the town to enter the arena against these +great men, and in a very brief period, indeed, he gained, in the opinion +of the court and the lawyers and of the people, the first place at the +bar. Such was his vigor, originality and learning, that Col. Preston, +one of his biographers, says that "he met in contest the strongest men +in each department of the law and he made himself a champion in all." +Daniel Sheffey said "he possessed gigantic power without effort, was +leader in his circuit and at the head of the profession." + +From 1808 to 1846, when struck down by apoplexy, he bent the whole +energies of his mind and body to the profession--the only interruption +in this long period of practice being a brief episode of military +service, from 1812 to 1815, as Chief of Staff to Gen. Porterfield in the +war against England, and one of five years in the Senate of Virginia +from 1839 to 1845, when he resigned during his second term from ill +health. He did not desire, still less seek, a seat in the Senate, but +yielded to the importunities of his Rockbridge and Augusta friends, the +leading men of Rockbridge particularly importuning him to accept the +position, in order to promote, among other things, the fortunes of the +Virginia Military Institute; a school they esteemed of great importance +to the county and the cause of State education, and to which it was well +known Mr. Peyton was most friendly, for he was everywhere known and +recognized as the friend and promoter of learning and the liberal arts. +And his deep interest in the cause of education was evinced by his +acceptance of the position of trustee of Washington College in 1832, +which he held till he resigned in 1846, having during this long period +at great inconvenience to himself, attended the meetings of the Board, +of which he was an active and useful member. He also acted for many +years before and after 1832 as President of the Board of Trustees of the +Staunton Academy; was one of the founders of the Virginia Female +Institute at Staunton, and a member of the Board of Trustees; was one of +the most earnest advocates of the scheme for establishing the Virginia +Military Institute and suggested the union of the Institute and +Washington College under one management, believing that the United +University ought to be and would become one of the greatest seats of +learning in the country. He also accepted, in 1840, the position of +visitor to the U. S. Military Academy at West Point, and wrote the able, +interesting and instructive report of the Board for that year. This was +said at the time to be the ablest report ever written on the condition, +the mode of instruction, the changes and improvements which should be +introduced in the course of study and discipline and the future +usefulness of West Point. + +Education he considered the philosophy of the human mind, enriching it +with all that is useful or ornamental in knowledge, teaching us how to +avert evil and produce good. It was not so valuable for the learning +acquired, for to be well informed, was not, in his opinion, to be well +educated; as for the moral character it formed, for the habit of thought +engendered, for the preparation it was for the practical duties of +life--in a word, he regarded education or intellectual progress as the +sure forerunner of moral improvement. + +It may not be out of place to mention here that his interest in, and +sympathy for the unfortunate and afflicted was manifested in various +ways, but especially by his services as a member of the Court of +Directors of the Western Lunatic Asylum at Staunton for over twenty +years, during ten of which he was President of the board. + +Mr. Peyton's political life can be briefly summarized. He voted for the +election of James Madison and zealously supported his administration. He +also voted for James Monroe, and opposed the election of John Quincy +Adams, voting for Gen. Jackson. He voted for Jackson twice, reluctantly +when a candidate for a re-election, because of his refusal to sign the +bill to recharter the United States Bank, but under a belief that +Jackson's course was more due to the feelings created by the particular +time when congress passed the bill, it being just previous to his second +election, than to any settled hostility on his part to a United States +Bank, and he subsequently abandoned that party, and ever afterwards +adhered to the Whig party. + +Mr. Peyton thus gives his reasons for abandoning the democratic +party--he said: "shortly after his (Jackson's) re-election, he commenced +a train of measures, to which I was utterly opposed, measures of a novel +and alarming character, which in their origin and their subsequent +developments, brought distress and embarrassment upon the banks, upon +the country at large, and especially upon all our commercial interests. +I allude to his wild, violent and undigested schemes of finance, +commencing with his pet bank system and ending with his order in +council, the specie circular. This warfare upon the bank of the United +States, the currency and the commerce of the nation, reduced us in 1837 +to the degradation of witnessing a general suppression of specie +payments by the banks. These acts, connected with the corrupting system +of party discipline, introduced by that administration, with the view of +compelling private judgment to succumb to the behest of the party, +completely separated me from the administration of Andrew Jackson." (See +his letter of date May 1st, 1839, and addressed to the people of Augusta +and Rockbridge counties.) + +In the Senate, he opposed the annexation of Texas, a revenue tariff, and +a war with England on the question of the Oregon boundary line, saying +in regard to Oregon, "while our title to the whole of that vast region +extending westward from the Rocky Mountains to the Pacific Ocean, and +the 42nd degree of north latitude to 54 deg. 40' was certainly as good as +that of any other nation, and probably better, we had ourselves, on +repeated occasions virtually admitted that it was not so complete and +unqualified as to preclude all other claims to any portion of it; and +therefore a war for Oregon, unless an attempt was made to wrest it +forcibly from our possessions would be not only a blunder but a crime." + +The annexation of Texas he opposed on many grounds. He declared first +that America was already too vast to be national, and too rich to be +democratic, and any extension of her borders would increase the evils. +Secondly, he objected to a clause in the constitution of Texas which +refused to the legislature power to pass laws for the emancipation of +slaves. Thirdly, he was opposed to the United States Government assuming +the debt of Texas and he thought annexation might lead to useless wars +about boundary, etc. + +On the question of the tariff, he held that direct protection was a +legitimate object of legislation and he opposed any tariff which gave +merely incidental protection. He derived his doctrine on the question +both from the necessity and justice of the case, and the explicit +avowal of those who framed the constitution and of those who sat in the +first Congress under it, that it was designed and desired to lay duties +for the encouragement and protection of domestic manufactures and he +would allow no arguments of expediency to induce him to abandon his +ground and to fall in with the friends of a revenue tariff giving +incidental protection. This phraseology he denounced as a device of +demagogues who were willing to conceal or abandon their principles in +order to secure success. He also supported the "Monroe Doctrine," +opposed nullification and secession, and favored a United States bank +and popular education by means of State aid. He also spoke on behalf of +a generous system of internal improvement and against the great liberty +of divorce. In a word, he gave a general support to the principles of +the old Whig party and occupied a position of commanding influence. His +speeches in the Senate, like those at the bar, were distinguished for +their clear, nervous brevity. And the great men of the day, B. W. Leigh, +John J. Allen, R. E. Scott, William C. Rives, Vincent Witcher, Wm. +Daniel, R. C. Conrad, and others, declared were equal to anything ever +heard in a deliberative assembly. He was consulted and deferred to for +the wisdom, sagacity and moderation of his counsels and was usually +styled the "Nestor of the Senate." His influence was paramount and +always exerted for the public good, and the prosperity of Virginia, for +half a century; indeed, up to the civil war, was to no inconsiderable +degree, due to the wise advice of this patriotic and public spirited +man. + +Some years before he entered the Senate, he had grown stout, weighing +220 pounds, his fine silk-like hair was snowy white, his face florid, +his eyes bright, piercing and thoughtful, and in silence his calm and +serene countenance gave him a majestic and graceful appearance. +Alexander McD. Cowan, writing of him in the Vindicator newspaper of +Staunton, February 18th, 1887, says; "Mr. Peyton was a remarkably +handsome man, being of a fine figure and size, and with a face whose +every feature was well-nigh faultless in shape and expression. Indeed, +the word superb which used to be applied to the late Gen. Hancock's +commanding appearance, might with equal appropriateness have been +applied to John Howe Peyton." Gen. William Preston, of Kentucky, told +the writer he was, when he first met him in 1835-6 at the White Sulphur +Springs, the "finest specimen of the Virginia gentleman of the old +school, in his scrupulous, old fashioned courtesy, and open handed +liberality, in his dress and appearance, he had ever seen--was not only +an honor to the State but to human nature." His health was good up to +the age of 66 years, his step firm, his figure erect; in fact, he was as +straight as a dart, and there was something in his look which seemed to +arise from an innate disposition of the mind or the workings of a great +soul. + +He kept up a large establishment at his elegant home of Montgomery Hall, +having over fifty servants about his premises, entertained a great deal +of company in a delightful manner, gave sumptuous dinners and a great +many of them, and of other entertainments--in fact, he kept open house, +and while he set no bounds to his generous hospitality, there was no +ostentation or vain display, though his house and furniture were +thoroughly well appointed. His guests were among the most distinguished +for talents and acquirements, for rank and station in the State and +country. It was said, therefore, that at Montgomery Hall you were sure +to enjoy the "feast of reason and the flow of soul." While he +entertained so well, he was himself abstemious in his habits and denied +himself animal food one day in every week. + +He was wise and prudent in forming his intimacies and friendships, but +when once a man's friend, unless for some good cause, he was ever +constant and unchangeable, and there was no length to which he would not +go to serve a friend. On one occasion, when in the Senate, he sacrificed +the office of Governor of Virginia, to which he was about to be elected, +to serve a friend and to secure the election of his friend, as he did, +to the position of Judge. At another time, for he was a friend who +"abided in the day of trouble" he offered a friend in distress from +pecuniary losses, the occupation, use and proceeds of one of his estates +in Alleghany county, of nearly 5000 acres of land and a large number of +servants. In this munificent spirit of liberality and generosity, he +sought to provide for this unfortunate friend and his dependant family. +So constituted was he, that it was often said that if a man's friend, he +was the friend of his family, indeed of everybody connected with him--in +a word he took the whole tribe to his heart. As a master, he was kind, +humane, just and ever mindful of the wants of his servants, provided +every family with a good house and garden, extended to them the +privilege of raising poultry, pigs, etc., and of enjoying the fruits of +such care and industry as they chose to bestow on them, during time +allowed for this purpose. And he was so loved and respected by his +servants that they considered it a favor, not a task, to do his bidding. +But when there was occasion for it, he could be severe, and required a +strict account from all. + +Every community has its leading spirit, who, to a certain extent, +impresses his character upon it and brings it up, in a measure, to what +that choice spirit is, and that is precisely what Mr. Peyton did. He was +identified with every interest of the people, with their trade and +commerce, with the material development of the State, and its moral, +educational and religious prosperity. He was honest and upright in the +highest degree, and never violated a trust, but was ever faithful to +every obligation. His heart was full of that charity which "vaunteth not +itself and is not puffed up." The poor, the afflicted, the distressed, +whether "in mind, body or estate," were recipients of his kind deeds, +and the widow and orphan knew him in their extremity. Principle dictated +all his acts and he never departed a hair's breadth from the line of +duty. + +He was warm hearted, genial, and kindly, was fond of intellectual +society, in which he was sure to shine, was given to hospitality and +entertained more company probably than any gentleman of his day in +Virginia; in fact, lived with open house. + +Among other accomplishments, it should be remembered that he was a +refined and robust writer, and had his professional and business +engagements permitted, he would doubtless have been a famous author. Now +and again he indulged, in an hour of leisure, in preparing an article +for the British Reviews. They showed eminent literary talents. Those +productions were, for the most part, destroyed in the library of his +son, Col. J. Lewis Peyton, which was stored for safe keeping during the +Civil War, on his Jackson River estate in Alleghany county, where they +were burnt by Federal troops. His essays were generally on subjects of +utility to the State and country, but some times his disquisitions were +on moral and metaphysical science, and were remarkable for their +clearness and force--no man, indeed, could have presented his views in a +more perspicuous, more forcible or convincing manner. Judge McCue says, +"his conception of a great subject and mode of expression were as clear, +distinct and demonstrative as were those of Edmund Burke." + +In a brief sketch only his salient points can be touched upon. Enough +has been said, however, to present a fair idea of the superior mental +and moral endowments of this extraordinary man. For his wonderful +life-long labors he did not receive, though having a most extensive and +fairly lucrative practice--probably the largest of any lawyer in +Virginia--a tithe of the annual income of a modern millionaire, but he +accomplished great and noble ends, and no language can describe the +inward satisfaction, the mental pleasure he must have enjoyed. He +rejoiced in what riches cannot purchase, the love, admiration and +respect of every one, from the humblest mountaineer to the highest +official in the land. + +His name has not perished and will not, but will grow greener with years +and blossom through the coming ages. This little tribute, it is hoped, +will extend and confirm the reputation of a man worthy of universal +admiration. May it, however, do more. The fame of the truly great can +only be of use when stimulating by example. Let every reader of these +pages consider what he can contribute towards the same great cause of +social melioration, what sacrifices he will make to reclaim the vicious, +instruct the ignorant, cheer the disconsolate, what selfishness and +bigotries he will relinquish; what benevolence, justice, charity he will +exercise, and what, in a word, he will do to imitate the example of +heroic worth given us by this truly wise and good man. + +He was struck down by apoplexy in 1845, recovered sufficiently to walk +about his house, but was disabled in 1846, by a second attack +accompanied by paralysis. His mind, however, continued clear and +vigorous, though his voice was indistinct. This was illustrated by his +ability displayed on his sick bed, in a conversation with the late Col. +John B. Baldwin, in which he gave him the points and elucidated the +intricacies of an important and difficult law case, then in progress +and cited the authorities. Throughout his illness, he endured his +sufferings with patience and meekness, and died at Montgomery Hall, +April 3d, 1847, leaving the reputation of having been a perfect +gentleman, the soul of honor, and the pink of chivalry. + + + + + MR. PEYTON'S REPORT IN 1810. + + VIRGINIA LEGISLATURE. + + + EXTRACT FROM THE MESSAGE OF GOV. TYLER OF VIRGINIA. + + DECEMBER 4TH, 1809. + +A proposition from the State of Pennsylvania is herewith submitted, with +Gov. Snyder's letter endorsing the same, in which is suggested the +propriety of amending the constitution of the United States so as to +prevent collisions between the government of the Union and the State +government. + + + HOUSE OF DELEGATES. + + Friday, Dec., 15th, 1809. + +On motion ordered that so much of the Governor's communication as +relates to the communication of the Governor of Pennsylvania, on the +subject of an amendment proposed by the legislature of the State to the +constitution of the United States he referred to Messrs. Peyton, Otey, +Cabell, Walker, Madison, Holt, Newton, Parker, Stevenson, Randolph, +Cocke, Wayatt and Ritchie. + + Thursday, Jan., 11th, 1810. + +Mr. Peyton from the committee to whom was referred that part of the +Governor's communications which relates to the amendment proposed by the +State of Pennsylvania, to the constitution of the United States, made +the following + + + REPORT. + +The committee to whom was referred the communication of the Governor of +Pennsylvania, covering certain resolutions of the legislature of that +State proposing an amendment of the Constitution of the United States by +the appointment of an impartial tribunal to decide disputes between the +State and Federal judiciary, have had the same, under their +consideration, and are of opinion that a tribunal is already provided by +the Constitution of the United States to wit; the supreme court, more +eminently qualified from their habits and duties, from the mode of their +selection, and from the tenure of their offices, to decide the disputes +aforesaid in an enlightened and impartial manner than any other tribunal +which could be selected. + +The members of the supreme court, are selected from those in the United +States, who are most celebrated for virtue and legal learning, not at +the will of a single individual, but by the concurrent wishes of the +President and Senate of the United States; they will therefore have no +local prejudices or partialities. The duties they have to perform, lead +them necessarily to the most enlarged and accurate acquaintance with the +jurisdiction of the Federal and State courts together, and with the +admirable symmetry of our Government. The tenure of their offices +enables them to pronounce the sound and correct opinions they may have +formed without fear, favour, or partiality. + +The amendment of the Constitution proposed by Pennsylvania seems to be +founded upon the idea that the Federal judiciary will, from a lust of +power, enlarge their jurisdiction, to the total annihilation of the +jurisdiction of the State courts; that they will exercise their will +instead of the law and the Constitution. + +This argument, if it proves anything, would operate more strongly +against the tribunal proposed to be created, which promises so little, +than against the State courts, which, for the reason given, have every +thing connected with their appointment calculated to insure confidence. +What security have we, were the proposed amendments adopted, that this +tribunal would not substitute their will and their pleasure in place of +the law? The Judiciary are the weakest of the three departments of +government, and least dangerous to the political rights of the +Constitution; they hold neither the purse, nor the sword; and even to +enforce their own judgments and decisions, must ultimately depend upon +the executive arm. Should the Federal judiciary, however unmindful of +their weakness, unmindful of the duty which they owe to themselves, and +their country, become corrupt and transcend the limits of their +jurisdiction, would the proposed amendment oppose even a probable +barrier to such an improbable state of things? + +The creation of a tribunal, such as is proposed by Pennsylvania, so far +as we are able to form an idea of it, from the description given in the +resolutions of the Legislature of the State, would, in the opinion of +your Committee, tend rather to invite them to prevent collisions between +the Federal and State courts. It might also become in process of time, a +serious and dangerous embarrassment to the operations of the general +government. + +Resolved, therefore: That the Legislature of this State do disapprove of +the amendment to the Constitution of the United States proposed by the +Legislature of Pennsylvania. + +Resolved also: That his Excellency the Governor be, and he is hereby +requested to transmit forthwith a copy of the foregoing preamble and +resolutions to each of the Senators and representatives of this State +in Congress, and to the executives of the several states in the union, +with a request that the same be laid before the Legislature thereof. + +The said Resolutions being read a second time, were, on motion ordered +to be referred to a committee of the whole House on the state of the +Commonwealth. + + Tuesday, Jan. 23rd, 1810. + +The House according to the orders of the day, resolved itself into a +Committee of the whole house on the state of the Commonwealth, and after +some time spent therein, Mr. Speaker resumed the chair, and Mr. Stannard +of Spottsylvania, reported that the Committee had, according to order, +had under consideration the preamble and resolution of the select +committee, to whom was referred that part of the Governor's +communication which relates to the amendment proposed to the +constitution of the United States by the Legislature of Pennsylvania, +had gone through with the same, and directed him to report them to the +House without amendment, which he handed in to the clerk's table. + +And the question being put, on agreeing to the said preamble and +resolutions, they were agreed to by the House unanimously. + +Ordered that the clerk carry the said preamble and resolutions to the +Senate, and desire their concurrence. + + + IN SENATE. + + Wednesday, January 24th, 1810. + +The preamble and resolutions on the amendment to the constitution of the +United States, proposed by the Legislature of Pennsylvania by the +appointment of an impartial tribunal to decide disputes between the +State and Federal judiciary, being also delivered in, and twice read, on +motion was ordered to be committed to Messieurs Nelson, Currie, +Campbell, Upshur and Wolfe. + + Friday, January 26th, 1810. + +Mr. Nelson reported from the committee on the preamble and resolutions +on the amendment, proposed by the legislature of Pennsylvania, etc., +that the committee had, according to order, taken the said preamble and +resolutions under their consideration, and directed him to report them +without any amendment. + + * * * * * + +"This important state paper," says Judge McCue, "can be seen in the +works of Daniel Webster, vol. III, pp. 352-54, and so able were these +views and resolutions, considered at the time, as to attract the +attention of the leading Statesmen of the country, and they guided the +other States in the adoption of similar resolutions, thus overthrowing +the effort of Pennsylvania to establish a separate and distinct judicial +department as arbiter between the Federal and State Governments." + +In the great debate in the United States Senate between Daniel Webster +and Gen. Hayne, of South Carolina, Mr. Webster quoted Mr. Peyton's +preamble and resolutions, as so conclusive of the questions involved, as +to admit of no further discussion. In a subsequent pages of Judge +McCue's sketch, an interesting conversation between Mr. Webster and +Daniel Sheffey is reported. + + + DISEASE LEADS TO HIS CHANGE OF HOME. + +For several years previous to 1808, Mr. Peyton suffered with a disease +of the stomach and bowels--a chronic disentary, which baffled the skill +of his physicians. He consulted many of the eminent doctors of Virginia +and Maryland in vain. The numerous remedies they prescribed were taken +without good effect or gave only temporary relief. As a last resort he +determined, on the advice of his family physician and his most intimate +friends, to try the efficacy of the mineral waters of the Virginia +Springs, and accordingly spent the summer of 1806-7 at that famous +resort, the old Sweet Springs, in Monroe county. A use of the waters in +a very brief period, gave him relief from his sufferings, and at the end +of the season his health was re-established. He quickly decided, painful +as was the severing of early ties, and the separation from friends, to +leave the malarial regions of lower Virginia, and to make his home in +the healthy and bracing climate, west of the Blue Ridge. Accordingly in +1808 established himself in Staunton. + + + AGRICULTURAL SOCIETY. + +The deep interest taken by Mr. Peyton in all matters likely to promote +the thrift of the people and the public prosperity, and to which +repeated reference is made in the various sketches of his life, is +illustrated by the following facts: + +At a meeting of the people of Augusta, held in Staunton in June, 1811, +to form an agricultural society, the first ever organized in the county, +he was present and appointed on what was styled the Committee of +Correspondence, a committee, no doubt, raised to induce by letters the +leading men of the county to co-operate in the cause. + + + MILITARY SCHOOLS. + +In view of the war threatened with England the year following a military +association was formed in Staunton, and a committee was appointed at a +public meeting to deliberate and report on the best means to be adopted +in order to secure the establishment of military schools in the counties +of Augusta, Rockbridge and Rockingham for the instruction of officers +and men. This committee, of which Mr. Peyton was a member, reported to a +meeting of the association held in Staunton June 20th, 1812. It does not +appear by whom the report was written, but it embodies his sentiments on +the subject, and is therefore given as follows, namely: + +"The committee to whom was referred a resolution of the Staunton +Military Association, which has for its object the establishment of +military schools, having had the subject under consideration beg leave +to report. + +"The committee deem it unnecessary to refer to any other authority than +the good sense and honest feelings of every man, to prove the great +utility, at all times, but more especially at this, of military +instruction to the people of this country. The subject, there at least, +is a new and difficult one; and the committee are very sensible that any +plea which they can suggest will have many palpable obstacles to +encounter and may be exposed to various others, which they cannot +foresee. They rely for every hope of success upon the acknowledged value +of the object in view, upon the patriotism of the people, upon the order +of the present times, and upon the success of the experiment, which this +society has made. + +"A military school, in which could be taught the complete discipline of a +refinest, the different exercises of the rifle corps, the artillery and +the infantry, together with the cavalry exercises of the sword, though +it could not promise to teach the whole principles of war as a science +would certainly promise much that would be eminently useful to every +soldier and officer in the institution. And your committee cannot +refrain from suggesting that a school for these purposes, successfully +conducted, might serve as an introduction to some more extensive and +some more perfect system of military education. + +"To obtain a person capable of conducting such a school, would not always +be easy; such a person is not very readily to be met with, and what is +yet more difficult, funds to remunerate his services, are to be raised +by voluntary contribution. But at present, judging from their own +experience, in this society, your committee think that a person whose +skill, information and zeal in military affairs, would enable him to +conduct such a school, may be found in your commandant, and they hope +that funds to compensate his services are within the reach of an active +and spirited exertion. They hope that the neighboring counties of +Rockbridge and Rockingham would consider the subject as worthy of their +attention, and might be induced to unite with the people of Augusta in +their endeavors to attain it. A sufficient number of subscribers in the +county of Augusta alone would probably not be obtained, to induce any +one properly qualified, to devote his time to this service. But by the +union of Rockingham and Rockbridge this might be effected. + +"Your committee would therefore recommend to the society, the adoption of +the following resolutions: + +"Resolved, that subscriptions be opened in the county of Augusta, under +the immediate superintendance of a committee of seven persons, appointed +by this society, for establishing a military school in the town of +Staunton to be denominated the Staunton Military School, to commence on +the 15th day of July next, and continue for one year thereafter, and be +under the directions of Capt. George Turner; the present commandant of +this society--that the times of teaching and price to subscribers be +regulated by said committee and the commandant in conjunction, so that +the days of teaching be not less than one day in each fortnight, and the +price to subscribers be not more than ten dollars per annum, payable +quarterly in advance. + +"Resolved, that it be recommended to the commandant to endeavor to +establish similar schools in the neighbouring counties of Rockingham and +Rockbridge, and that the committee aforesaid be instructed to invite, +respectfully, the co-operation of those counties." + + + THE WAR OF 1812. + +The year following, President Madison sent a war message to congress and +such was the popular excitement growing out of the British claim +entitled the "Right of Search," and the collision between the United +States frigate, _Chesapeake_, and the British frigate, _Leopold_, in +1807, which had never been allayed, that war was declared by the United +States against Great Britain, on June 18th, 1812. + +The nation was much divided on this policy. By the opposition party, the +main strength of which was in the Northern and Eastern States, it was +considered a mere administration measure, resistance to which argued no +want of patriotism, but quite the contrary and so from the beginning to +the close of hostilities, the Federalists did all they could to stay +the course on which they thought the Government was driving to +destruction. The Hartford convention met, and some of the New England +States went so far as to nulify an act of Congress regarding enlistment. +During all this time, the country was in great want of resources, which +nothing but unanimity could supply. The army was but a handful, and the +Militia, instead of coming forward in large numbers, remained at home to +attend party meetings and discuss the right of the Government to call +them out; the supply of war material was very scanty, and the Treasury +almost empty. + +Such was the unpromising state of affairs, when John H. Peyton, who had +voted for Mr. Madison and warmly supported the war policy, came forward +and exerted every energy of mind and body to stir up popular enthusiasm +in support of the war. He volunteered at once, to serve in the army, +until peace was restored, and was immediately appointed Chief of Staff +to Gen. Porterfield, an old Revolutionary officer, who, while serving as +a lieutenant in 1780, at the siege of Charleston, S. C., had killed by +his side, Captain Valentine Peyton, a young and gallant cousin of J. H. +Peyton. Forgetting everything but his duty to his country, which was +with him, and every true patriot paramount, Mr. P. abandoned his +lucrative practice, which more selfish men sought to appropriate, and +his wife and family and joined the army on the James river in Eastern +Virginia, with the active operation of which he was identified until the +declaration of peace, February 17th, 1815. + +The "Republican Farmer" went out of existence, no newspaper took its +place for years and we have seen no account of the army services of +Major Peyton beyond the statement that he was "one of the most +enterprising and daring officers in the service," but more than thirty +years after the end of the war, and his death, his minor children +received from the Government, a pension for his services. + + + ANECDOTE OF THE FIGHTING MAJOR. + +The late Adam Bickle, of Staunton, father of R. G. Bickle and a member +of the Augusta Force, use to enjoy telling an anecdote of Major Peyton. +He said that repeated complaints were made by the soldiers as to the +musty flour and inferior bacon furnished by the commissary, to the +troops, while stationed at Camp Holly. On one occasion, Major Peyton +remonstrated with the commissary, on the character of the stores, when +that officer flew into a passion and grossly insulted the major, whom he +alleged, was not the proper officer to take him to task. Without a +moment's thought Major Peyton knocked him down with the hilt of his +sword, and gave him a thorough drubbing in presence of the men. This +would appear very curious to persons accustomed to European discipline +and standing armies, but with the raw levies, of eighty years ago, was +much enjoyed and thought not to be greatly out of place. It had the +effect of endearing the Major to the men who never in any kind of +subsequent trouble, failed to appeal to him. + +Many years after one of Major Peyton's young children hearing of this +affair, enquired if the commissary had challenged him. The Major replied +that he had not. But continued the child "suppose he had, what would you +have done?" "Why," said the Major, "I would have answered him as humorously +as did the gentleman spoken of by Dr. Franklin, A gentleman in a coffee +house," said the Major "desired another to sit further from him. Why so? +Because you stink! That's an insult, and you must fight me. I will +fight you, if you insist upon it, but I do not see how that will mend +the matter, for if you kill me, I shall stink too, and if I kill you, +you will stink, if possible, more than you do at present." + + + A WESTERN TRIP IN 1815. + +Shortly after the close of the war, Mr. Peyton made a visit to Kentucky +on business, one object being to look after fifteen hundred acres of +land belonging to his wife lying near Louisville, a property which has +since become of immense value. He was accompanied by Ned Phipps or Fibs, +his body servant during the war, a faithful negro, upon whose attachment +he could rely. In his station few men behaved, as a rule, better than +Ned, who had a certain amount of self respect, "nigger" as he was +styled, and knew how to conduct himself, if he did not always do it. +They made the entire journey from Staunton to Louisville, on horseback, +of course they were armed, as their route was through a wild and savage +country, infested by Indians, many of them dissatisfied with the close +and the result of the war; and a class of desperate whites, more +dangerous than the red men, some of whom had served under Gen. Harrison +in the North West, and were survivors of Fort Meigs, and the battle and +massacre of the river Raisin. The Eastern part of Kentucky, known as the +"Knobs," or the "Knobby country," is still a savage country in +possession of a savage people, though traversed by the Chesapeake and +Ohio Railroad which is supposed to have let in some of the light of +civilization, and has gained an unenviable notoriety within the past ten +years by reason of the bloody feuds between the Hatfields and McCoys. +Through this wilderness they travelled on miserable paths called roads, +which connected the settlements, swimming rivers, and other water +courses and resting of nights in log huts, called country taverns +promising accommodations for man and beast. And what is remarkable to +relate completed their outward journey and returned to Virginia in +safety. + +When we consider what our ancestors endured, what hardships and +privations they suffered, we are of the opinion that we enjoy to-day, +more physical, spiritual and intellectual benefits and blessings than +have ever before fallen to the lot of man. Notwithstanding the rough +experiences of this trip, Mr. Peyton found something bright in all he +saw and heard, allowed nothing to depress his spirits, still less +deepening sorrows, over the woeful complaints he listened to from back +woodsmen of hard times and worse coming. + +He was one of those men who make the best of every thing, there was +nothing splenetic, melancholy, or timid in his nature, and he returned +from his visit strengthened for his manly duties--his lawyer's life. +Such was his devotion to the profession that he would allow nothing to +permanently turn him from it, and he only served two years as Mayor of +Staunton, to which position he was elected in 1817-18 because, the +duties were so light that they did not interfere with his work, and his +friends urged him to accept the place as, at that time, the currency was +deranged, money scarce, and people depressed. From the fertility of his +resources it was thought he would find a remedy for these evils. During +his Mayoralty, the city made an issue of paper money and this +circulating medium brought no small relief to the people. One of these +"shin plasters," as they were termed in popular slang phraseology, was +found a few years since, over eighty years from the time it was put +forth; presumably in the stocking of some provident old woman, and was +sealed up as a curiosity in the corner stone of the Confederate Monument +in Thornrose Cemetery, at Staunton. + +During the month he gave himself for relaxation and rest in Kentucky he +enjoyed the society of such people as the Brown's, Green's Preston's +Gov. Shelby, Col. R. M. Johnson, Natl. Hart, Robert Scott and other +noted characters in that rich and lovely region. Some of these +afterwards from time to time visited him, and greatly enjoyed the +blandishments of Virginian society. + + + DECLINES AN APPOINTMENT. + +On his return from his Western trip he was appointed deputy United +States District Attorney for Western Virginia, and for a time discharged +the duties of the office for his friend William Wirt. He had served in +the Legislature in 1808-9, with Mr. Wirt and a strong mutual friendship +was the result. On Mr. Wirt's resignation of the position and his +removal to Baltimore, Mr. Peyton declined the office as conflicting with +his other appointments, (which were more lucrative) and his extensive +private practice. + + * * * * * + + We owe the following letters to the filial piety of Mr. Peyton's + eldest daughter, Mrs. Susan M. Baldwin, widow of the late Col. J. + B. Baldwin, who has preserved them since the Montgomery Hall family + was broken up at Mrs. J. H. Peyton's death in 1850. + + + OLD FAMILY LETTERS. + + Fawcett's Tavern, Green Valley, Bath Co., Va., June 1, 1822. + + JOHN H. PEYTON TO MRS. PEYTON. + +_My Dear Ann_: + +I left home in such haste that I forgot to tell you to send to Mr. +Johnson's for a carboy of wine. Though you do not like it yourself, +hospitality requires that you should always have it for those who do. +Baldwin [Afterwards Judge Briscoe G. Baldwin, his life-long friend] and +I were thoroughly drenched in the rain-storm on yesterday, but neither +of us felt the slightest inconvenience from it this morning. No news, so +far, from your mother or Mrs. Massie. Give my love to William [his only +son by his first marriage, the late Col. William M. Peyton, of Roanoke] +and be assured, my dear Ann, that you are, in your present delicate +situation, the source of constant solicitude to me. Take care of +yourself and go to no large parties. You will always have the company of +Mrs. Johnson, Mrs. Donagho, Mrs. Baldwin, Miss Telfair, and you can not +fail to enjoy such society. Write to me constantly. + +With sincerest affection, though in great haste, your husband. + + JOHN H. PEYTON. + + + SAME TO SAME. + + Lewisburg, Greenbrier Co., June 5th, 1822. + +_My Beloved Ann_: + +I received your affectionate letter of the 2nd of June this evening +which gave me great pleasure. When separated from you, there is nothing +that gives so much delight as to get one of your cheerful letters. I +regret to learn that you have been indisposed, however slightly, since +we parted. I feel confident, however, that with prudence and care you +will suffer as little as anyone from disease. You have a thoroughly +sound constitution. If you were a little older I would add, a well +preserved one. If I were to tell you how many kind enquiries and good +wishes have been expressed for you by friends here, you would be proud +and happy. + +I am much gratified to that you and my dear son William are again +friends. I trust the reconciliation will be sincere and enduring. +[Note.--It proved to be such and this reference is made to their +relations in the memoir of Col. Wm. M. Peyton, "after the loss of his +(Wm. M. Peyton's) mother, and Mr. Peyton's second marriage to her +cousin, Ann Montgomery Lewis, * * William extended to her not only +deference and respect, but a truly filial affection. Mrs. A. M. Peyton, +was therefore soon warmly attached to him and taught her children to +love him before they learned to do so for his own noble qualities, for +his native endowments and the extent of his accomplishments, as they +were developed to the family in after years."] Our good brother, James +Woodville, is now with me and we often talk of you. He is a most kind, +sympathetic and affectionate friend. Dr. Lewis has at last, set out for +Point Coupee. Massie and his wife are recovering. Your mother expected +to leave on a visit to you on yesterday. Whether she has actually gone, +I do not know. I hope she has. If not I shall return by the Sweet +Springs and endeavor to induce her to go back with me. Whether she comes +or not, be of good cheer. I shall be with you and will see that every +comfort is provided that love and foresight can suggest. Woodville says +your mother will certainly go down, and I trust she may, as it would be +a comfort to you and a pleasure to us all. Your father looks quite well, +is hale and hearty, and Mrs. Woodville, who is at the Springs, much +better. James sends his love to you and William. + + I am your affectionate husband, + JOHN H. PEYTON. + +P. S.--Mrs. Woodville was very anxious to have accompanied your mother +to Staunton, but James[2] bids me tell you he could not spare his wife +so long. + + + LEWIS LITTLEPAGE. + + [2] Note.--The James here mentioned was James Littlepage Woodville, who + married Mrs. Peyton's eldest sister, Mary Lewis.--Mr. Woodville resided + at Fincastle and Buchanan, and was a prominent lawyer and president of + the Bank of Buchanan. His father was Rev. John Woodville, Rector of St. + Mark's Parish, Culpeper Co., and a native of North Britain. He was a + nephew of the celebrated, but eccentric Lewis Littlepage, whose career + was brilliant and unequaled. Littlepage was born in Virginia in 1762, + and died at Fredericksburg in 1802. At the age of 17 he went to Europe, + and in 1779-80 accompanied Mr. Jay, American Envoy, to the Court of + Spain, Madrid. Though only a youth, his figure was fine and manly--his + dark eyes bright and penetrating. Among his acquaintances he was + regarded as a prodigy of genius and acquirements.--Shortly after + reaching Madrid, Littlepage separated from Mr. Jay's family, and joined + as a volunteer aid, the duke of Cuillon, and was with the army at the + siege of Minorca. At the siege of Gibralter he was on a floating battery + and blown up, but being uninjured was rescued from the sea and + distinguished himself during the further operations against that + fortress. On the return of the fleet to Cadiz, he was sent with + despatches to Madrid, where the Court received and treated him with much + distinction. He then proceeded to Paris, and was on terms of friendship + with Dr. Franklin, who was then living at Passy.--At Paris and + Versailles this adventurous, young Virginian moved in the best society + and attracted marked attention from all. After a brief visit to London, + he returned to the Continent and made a tour of Europe, establishing + himself at Warsaw, where he was so popular that he rose to be in effect, + the King's Prime Minister. He resisted and defeated the plans of + Zamoyski before the Diet. He afterwards went to St. Petersburg as + Ambassador from Poland, and acquitted himself with distinguished ability + and became a favorite of the Empress Catherine. The following letter of + Lewis Littlepage to Lewis Holiday takes up the history of his life where + our account ends and completes the story of his eventful career in + Europe. + + + LETTER FROM JOHN H. PEYTON TO MRS. PEYTON. + + Warm Springs, Sept. 2nd, 1822. + +_My Dear Ann_: + +I dined at the Hot Springs and arrived here last evening without +accident or adventure and without increasing the inflammation of my +wounded leg. [Note--While opening the front gate at Capt. Massie's, in +the Valley of the Falling Spring, Alleghany county, his riding-horse, a +spirited but badly trained animal, sprang forward, dashing him against +the gate-post, and the iron prong of the latch was driven through the +calf of his leg, inflicting a painful and dangerous wound. The wound was +so serious indeed that he was confined to the house for several weeks +and owed his recovery mainly, as was thought, to the kind attendance of +Mrs. Massie and her family.] Old Brinkly, who is here, and something of +a leech, and a kind and excellent fellow, examined and dressed the wound +last evening. He approves of all that was done by Mrs. Massie, and +insisted that I should take the warm bath this morning and let the "_leg +there soak for thirty minutes_." I followed his advice in the absence +of a more scientific authority, and have just returned from the bath +feeling all the better for having taking it. I thought the burnt alum +which sister Susan put on the wound healed it too rapidly, and the +effect of the bath has confirmed me in this impression. Immediately +after leaving the bath, the blood spurted in a lively stream from the +wound, which Brinkly soon stopped. He was not cast down at this +incident, but said it was a good sign, that it was a discharge of +bruised blood, and applied lint and Basilican plaster, and I now feel +quite easy and comfortable. Brinkly is not a quack; on the contrary, he +possesses some skill, and is anxious to be of service, not only to me, +but to all suffering humanity. + +There are a number of visitors still here, among them Norborne Nicholas, +Judge Roane, Dr. Adams, Mrs. Harvie and Malinda Bowyer. They meet daily, +Dr. Brockenbrough included in the party, in my apartments, and we enjoy +the reunion no little. All are exceedingly kind, they even oppress me +with their friendly attentions. Having accepted the guidance of old +Brinkly, I shall adhere to him as long as I improve. It may not be the +best course, but it would be difficult to ascertain the wisest policy +among such a multitude of counsellors, each one with an infallible +remedy, and all advising a different course of treatment. But it is +interesting to hear these good people discuss their theories. They are a +remarkably cultured coterie to have remained behind the annual exodus, +and all full of kindness of feeling. This I take to be culture, or the +powers we acquire of sympathizing with others, of feeling the conditions +under which they act and of regarding them and their interest rather +than our own wishes and gratifications. Roane, who will stop with us +three days, on his return from Richmond, and whom you have not met, +though I have known him for 20 years, is a man of superior abilities, +and with considerable literary attainments, is accurate in legal +learning and one of our best lawyers and judges. He is a good, but not +what is styled a "brilliant talker," ready in his wit and pat in +illustration. He amuses the mind by his happy conceits which, like a +good conscience, act as medicine for both mind and body. I regret to say +that his health is bad. [Judge Roane died Sept. 4th, 1822.] + +Girard Stuart has just arrived from the Sweet Springs and says 160 +visitors are yet there, and about 60 at the White Sulphur. I hope to see +you and little Susan, Captain and Mrs. Massie, on Friday. Present me +affectionately to Capt. M., Susan and the family. + + Your affectionate husband, + JOHN H. PEYTON. + + + SPEECH OF JOHN H. PEYTON 72 YEARS AGO. + +The following interesting extract from the records of the Superior Court +of law and chancery for Bath county, 1822, will no doubt be read with +keen zest at the present time:-- + + + EXTRACTS FROM THE RECORDS. + +At a Superior Court of law holden for Bath county at the court house on +the 5th day of September, 1822. + +John H. Peyton addressed the court to the following effect:-- + +"The melancholy task devolves upon me [Mr. Peyton was Attorney for the +Commonwealth in the county and circuit] of announcing to the court the +death of Hon. Spencer Roane, one of the Judges of the Supreme court of +Appeals of Va. He departed this life on last evening at this place +where he came a few weeks since for the recovery of his health. + +"In him the country has lost one of her most useful and distinguished +citizens, liberty one of her most enlightened, firm and determined +advocates, and the judiciary, one of its brightest ornaments. + +"As a small tribute of respect to the memory of the deceased, rendered +peculiarly appropriate as it emanates from a department to which he was +both personally and professionally attached, and from a court over which +presides one who has long been his political associate and personal +friend, I offer for adoption the following: + +"Resolved, That the court do forthwith adjourn and that the Judge, the +Bar and the other officials of the court attend the funeral of the +deceased. + +"The court and the Bar assenting to the resolution immediately +adjourned."--_Spectator_, 1894. + + + SAME TO SAME. + + Isleham, Jackson's River, March 7th, 1823. + +_My Dear Ann_: + +I arrived here on Thursday about 12 o'clock, after a very disagreeable +and fatiguing journey. The day I left home, I had good roads and fair +weather, and I reached Roadcap's on the great Calf Pasture River, near +the Panther's Gap, where I lodged. The next day I traveled in the rain +from morning till night, and over wretched roads, often a half leg deep +in mire. My horse was so wearied and exhausted I could get no further +than the Hot Springs, twenty miles. The next day I rode through sleet +and rain, mire and mud to Capt. Massie's, where I stopped until the +weather improved. I then took your brother Benjamin with me to this +point, where we have since been enjoying fine weather--the sky is now +serene and the air mild. + +The day I left Staunton Mrs. Massie set out for Fincastle on a visit to +her sister, Mary, (Mrs. Woodville), who is, I am sorry to say, in +declining health. She will make an effort to fetch Mary to her home, +thinking the air and water of the Valley cannot fail to be of service to +her. Capt. Massie and the children, your father and mother, and, indeed, +all the family are in their usual good health and spirits. + +A thaw has set in, the ice is breaking up, and the water courses rising. +Vegetation is a fortnight later than last year at this time. The maple +sugar season, which usually occurs in February, is just now beginning. +Nelly is very busy over her pots and pans, but has only made +thirty-three pounds. This she sends you to-day by Ben, who also carries, +among other things, the cloth for a suit of clothes sister Massie +presented me--the cloth is of her own manufacture and of fine and +durable texture. Have this suit made up for me immediately and have the +pantaloons cut by my wedding small clothes--they fit better than any of +my others. If you are too busy to give this matter your attention ask +Miss Tapp to attend to it. William will purchase the trimmings from Mr. +Cowan. [Note--Joseph Cowan then the leading dry goods merchant in +Staunton.] + +I have decided to send your carriage horses by Ben and to run the risque +of making my journey through Pendleton on the mare I bought of Capt. +Massie. She is rough, much marked with harness, but is young, active and +though spirited, gentle. I prefer such a riding horse, unsightly though +she be, to the slow, lifeless movements of Kelly, who is at the best a +shuffling nag. + +I am adding to the furniture and comforts of our house here--have +directed Mrs. Walton to make you some handsome counterpanes and some +linen sheets, table cloths and towels from the flax grown on the farm. I +have also bought a supply of feather beds and pillows, and purchased a +mirror and dinner service of Liverpool ware, the latter for use on great +days and holidays when you favor the place with your presence. + +The servants have put up 5,900 pounds of pork and large supplies of +lard. There is every prospect that we shall have plenty of fruit and +vegetables, so that you will want none of the creature comforts when on +your visit in August. The ice-house has not been commenced, and I fear +will not be finished this season. Walton's delays are vexations--I +suspect he has an object in them--he fears to make this place too +comfortable lest you may prefer it to Staunton, in which case his +services might, and would be dispensed with. If I should be forced by +his repeated neglect of my orders to decline his services for the +future, he will have fared as he hath wrought. + +I hope to get a letter from you at the Warm Springs--do not expect +another from me before my return. Ben unites with me in love to you, +William and Susan. + +I remain your affectionate husband, + JOHN H. PEYTON. + +P.S.--Tell William the river could not be forded, or I should have sent +for his minerals and other curiosities at McClintic's. Ben will take him +his Indian arrows and stone cannon ball, though there is no account of +the _Indians ever having used big guns_. Nelly sends Susan some maple +sugar. + + + MAJOR JOHN LEWIS. + +Mrs. Peyton made a visit to her mother at the Sweet Springs after the +death of her father, Major John Lewis, which occurred at the Springs in +1823. Major Lewis ought to live in the memory of posterity, as he was in +more ways than one a remarkable man, renowned among his comrades for +courage, integrity, his high sense of honor and indomitable +perseverance. Let us premise a word as to this heroic old man. He had +long served in the Indian wars on the border and was present at the +battle of Point Pleasant in 1774, an officer under command of his +distinguished uncle, Gen. Andrew Lewis, commander-in-chief. During the +arduous march from Fort Union through the wilderness and at the battle +he infused his own spirit and energy into all about him, was already +renowned for his precocious military talent at the opening of the +Revolutionary war. About two years later he joined the Continental army +as a Lieutenant, was engaged in nearly all the battles in the Northern +Colonies, Monmouth, Saratoga, Trenton, etc., and spent the winter of +1777, at Valley Forge. Though a very young man he attracted and made the +lasting friendship of Washington. He rose to the rank of Major, in which +rank he served at the battle of Monmouth. At the close of the war, to +which he had devoted his energies, and just as he was in sight of the +glorious summit "where fame's proud temple shines afar," and his +services would doubtless have been rewarded by high command, the strife +ended by the recognition of American Independence. In 1783, Major Lewis +returned to his Virginia home, without having won that extended fame +which was so liberally meted out to those in high commands. From 1783, +to Wayne's victorious campaign against the Western Indians, in 1794, +Major Lewis was much on the frontier, had many encounters with savages +and border ruffians, had many hair-breadth escapes and won great +applause for his personal strength and boldness. In his frays with these +fierce borderers he displayed extraordinary physical strength as well as +indomitable pluck. He was only five feet ten inches high, but was +strongly and compactly built, and his muscular power was enormous. It +was commonly said that he was the strongest man in Virginia. His +shoulders were broad and his chest deep. His countenance was frank, +open, manly and cheerful, but at periods of danger stern and severe. In +nature he was kind and gentle, was a humane and benevolent man, neither +showing ferocity nor indulging in cruelty. He died an Elder in the +Presbyterian church, universally respected by all who knew him. During +his career he made the acquaintance of Gen. Jackson, afterwards seventh +President of the United States, who entertained and expressed the +highest opinion of his military genius and of his pure and upright +character. In 1830, when South Carolina threatened nulification, General +Jackson declared to a Virginian gentleman then in Washington, "That if +he had a man like John Lewis to second him, he could go to South +Carolina, hang Calhoun and end nulification within a month and forever." +In 1830, the United States government made a large grant of lands to his +heirs as a further recompense for his military services. It was during +Mrs. Peyton's visit to her home in the Sweet Springs Valley, after her +father's death, that the following letter was written:-- + + + JOHN H. PEYTON TO MRS. PEYTON: + + Staunton, June 24th, 1823. + +I duly received the letter of my dear wife on the 15th, giving me the +agreeable intelligence that she and Susan had improved in health and +were well. Let me say a word here on the subject of your and her health. +Do not let her habits of life become too delicate. If you will both +continue the practice of taking a cold bath every morning, you will soon +regain your former healthy tone, and Susan become stronger and teethe +easily. Whenever you suffer with heat and need refreshment resort to the +warm bath, not oftener, however, than once a day. Do not allow the nurse +to carry Susan in her arms as much as heretofore; let her place the +child on the floor to there exercise by getting on her own way--"We must +crawl before we can walk." Nothing can supply the want of exercise, it +gives the child confidence and the conversation of the nurse and the +pointing out of objects pleases its fancy and arouses its faculties. +Children that are too much nursed and coddled are apt to be weak and +delicate and are sometimes even deformed by the carelessness of nurses +in keeping them too long in improper positions. We cannot be too +particular with this lovely child in whom we so much delight. The +Masonic procession occurs to-day; it is in honor of John the Baptist. +Dr. Stephens delivers the address [Rev. Dr. Stephens, Rector of Trinity +Church, Staunton,] and the dinner is given at Mrs. Chamber's tavern. I +can only participate in the dinner, as there is a trial of a negro for a +rape committed on a white married woman, which will occupy my attention +throughout the day. Now that he is within the toils of justice, I shall +see that he does not struggle out and make his escape. Such brutal deeds +must meet their just punishment. + +Your friend Mrs. Baldwin is much engaged entertaining her brother and +his family, who are on a visit from Winchester. Such spare time as I +have is spent with Johnson and his family, where I am almost domiciled, +[Chapman Johnson the distinguished lawyer.] Johnson's health is much +improved and his spirits are better. He no longer suffers with +depression. He makes many friendly enquiries after you and his +god-daughter, Susan Madison. He goes to the Sweet this summer with his +family and sister-in-law, Agnes Nicholson. + +I have directed the servants to make you a supply of currant jelly and +walnut pickles. Sinah has also salted down, for winter use, a quantity +of excellent butter. Is there anything else you would like to have done? +If so, speak--you will not have to speak twice. + +On Thursday I commenced my harvest. The wheat is much better than last +year, and than I supposed it would be. The recent rains have improved +the oats and corn, and there is promise of an abundant yield. Our hearts +should be filled with thankfulness for the countless blessings God +showers upon us. Why are we not stimulated to more and greater acts of +beneficence. + +My health has improved since I last wrote--my cold is gone, my appetite +good and my spirits buoyant. I do not think I will ever lay aside my +flannel again, certainly not before May is out. Dr. Boys and Gen. Brown +both told me recently that they never removed theirs without taking +cold, and for several years they have worn it all the year round. + +I received a letter from Capt. Massie a few days since, from which I am +happy to learn that he is recovering. I hope to meet Woodville soon, on +his way to see his friends in Culpeper. I hear that Aunt McDowell is at +Smithfield with your grandmother Preston, whose health is much impaired. +James M. Preston writes urging me to make them a visit and to fetch you +and Susan along. Ballard is a stirring and promising lad. [afterward Wm. +Ballard Preston, Secretary of the Navy in President Taylor's Cabinet.] + +My engagements will not admit of my writing more.--Remember me +affectionately to your mother, to Sister Woodville, to Sarah, Lynn, and +all the children. Kiss Sue for me, and for yourself accept my best +wishes for your health and happiness. Write as often as possible. + + Your affectionate husband, + JOHN H. PEYTON. + +Note.--Ben was by birth an African chief, and became Mr. Peyton's +favorite man-servant. Captured on the African coast in 1807, he was +brought to Virginia with a cargo of negroes and sold. At the auction Mr. +P., who happened to be on the Lower James river at the time, became his +purchaser. He was then about twelve years old, a strong, athletic boy, +who grew to be 6 feet 2 inches high, and was as black as ink. He was +named Ben Potter, probably after one of his captors. The interpreter +gave an interesting account of Ben, and of the deference and respect +paid him on the voyage by his fellow captives.--The young negro was so +much impressed with the appearance and bearing of Mr. Peyton that he +begged him through the interpreter, to become his purchaser. This he +consented to do and Ben continued his faithful servant through life, +till his (Mr. Peyton's) death in 1847. Ben was soon deeply attached to +his master, was confided in, and trusted by Mr. Peyton and his family. +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 assisted 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 Saturday 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 Saturday 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 Saturday 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 destitute 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 anticipated 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 passengers 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 +circumstantial 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 bumps 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, illustrated 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 anticipated. +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, superstition 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 substitute in the place thereof a new, nobler, 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 God." + +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. + +"This is rarely the case--were I to meet a man who should contend that +two and two do not make four, or that the amount of degrees in three +angles of a triangle are not equal to the amount of degrees in two right +angles, I must justly charge him with folly or wilful falsehood; but, in +whatever does not admit of demonstration, our convictions are our +feelings; and our feelings depend more upon involuntary impressions than +we are often willing to allow. Certainly truth and reason are the most +likely to prevail with cultivated minds, for truth and reason are the +most likely to make the right impression, but we are too apt to +over-value our own kind of knowledge, while we underrate that of others. + +"In point of real utility, the knowledge of the man who is skilled in the +breeding and feeding of cattle is more valuable to society than is the +knowledge of him who is skilled in mathematics, yet the latter will look +down upon the former, when, perhaps, the only advantage he has over him +is the being able to convey his knowledge in more correct and +perspicuous language; and unless we possessed all kind of knowledge in +an equal degree, we are liable to be imposed upon in some things, either +by thinking too much upon them, or too much, to the exclusion of other +branches of knowledge, the possession of which, though seemingly foreign +to the subject, may be necessary to its clear elucidation; for it is by +possession of general knowledge only that we can claim a superior title +to correctness in every particular. A may be able to solve a difficult +problem in mathematics; B can not do this, but B can make a plow upon +true mechanical principles which A can not; if C can do both, C must be +superior to A or B; but all mankind are in the situation of A or B, as +possessing only partial knowledge. We should all, therefore, be +indulgent to each other's deficiencies. Still, my superior in general +knowledge and learning, may be the dupe of a weak prejudice, without +justifying an impeachment of either. I have a brother-in-law," he would +look askant at Colonel Lewis when getting off this kind of fillip, "of +whose cleverness and general knowledge I have a very high opinion, yet +in politics we are quite opposite. We indeed worship different idols, +and the only superiority I can pretend to claim over him is, that I can +bear for him to adore his idol, even in my presence, and yet keep my +temper--a compliment he can not always repay." + +"Fudge!" exclaimed the Colonel, jumping to his feet and walking hastily +to and fro across the room, "I may warm with the subject, but as to +being offended with you it is out of the question. I never have and +never will so far forget myself." + +"Come, come, be seated," Mr. Peyton would rejoin, giving him a friendly +tap on the shoulder. "Let me proceed. Of course you will not think I +wish to depreciate the value of truth and reason, I only wish to urge +that the seeming want of them in others may be deceptions, and should +not be the cause of contempt, acrimony or ridicule. All are enamoured +with even the shadow of truth, and should see the substance, if in their +power, but placed in a variety of lights and shades, some can only see +the shadow, and mistake it for the substance." Thus their fraternal +discussions proceeded and terminated in the discomfiture of Col. Lewis, +who though a clever man, an eloquent talker, full of confidence, and +abundance of zeal, was no such logician as Mr. Peyton, and left not the +slightest pain rankling in his bosom. + +"Now, William," said Mr. Peyton, "I cannot flatter myself that I shall +convince you of any errors, which, in my opinion, you have been guilty +of in this respect. That is no reason, however, why I should not attempt +to make you entertain a disbelief of all foolish impossibilities. For +example, there is the fallacious science of astrology--it has been the +game of a few designers in all ages, for sordid interest, to have duped +others and been duped themselves. In ancient times they were, in +Alexandria, compelled to pay a certain tax, which was called the 'Fool's +Tax,' because it was raised on the gain that these impostors made from +the foolish credulity of those who believed in their powers of +soothsaying. Well may believers in this science be called 'fools,' when +they do not seem to consider that if the principles of judiciary +astrology were correct, and its rules certain, the hands of the Almighty +would be tied, and ours would be tied also. All our actions, all our +most secret thoughts, all our slightest movements: would be engraven in +the heavens in ineffaceable characters, and liberty of conduct would be +entirely taken away from us. We should be necessitated to evil as to +good, since we should do absolutely what was written in the conjectured +register of the stars, otherwise there would be falsehood in the book, +and uncertainty in the science of the astrologer. How we should laugh at +a man who thought of settling a serious matter of business by a throw of +the dice. Yet the decision of astrology is just as uncertain. Our fate +depends upon places, persons, times, circumstances, our own will; not +upon the fantastical conjunctions inspired by charlatans. + +"Suppose two men are born on our planet, at the same hour and on the same +spot. One becomes a hewer of wood and a drawer of water, and the other +an emperor, or a commander-in-chief of an army. Ask an astrologer the +cause of the difference. In all probability he will reply, 'It was so +willed by Jupiter.' + +"Pray what is this Jupiter? Why it is a planet, a body without +cognizance, that acts only by its influence. How comes it then that +Jupiter's influence acts at the same moment and in the same climate in +so different a manner? How can that influence differ in its power? How +can it take place at all? How can it penetrate the vast extent of space? +An atom--the most minute molecule of matter would stop it, or turn it +from its course, or diminish its power. Are the stars always exercising +an influence, or do they exercise it only on certain occasions? If they +exercise an influence only periodically, when the particles which, it is +intended, are detached from them, are moving to our sphere, the +astrologer must know the precise time of their arrival in order to +decide rightly upon their effect. If on the other hand, the influences +are perpetual, with what wonderful speed they must rush through the vast +extent of space! How marvelous too must be the alliance they form with +those vivacious passions which originate the principal actions of our +lives! For if the stars regulate all our feelings and all our +proceedings, their influence must work with the same rapidity as our +wills, since it is by them our will is determined." + + + HIS RELIGIOUS BELIEF. + +Mr. Peyton was a firm believer in the doctrines of Christianity, and the +experience of his life was that true happiness is only found in the +observance of her precepts. He held that man must have some religion and +the most perfect was that handed by Christ to his Apostles. He did not +attach great importance to sects, and when asked whether he was a +Catholic, Presbyterian or Episcopalian, answered that he did not find +such words in the Testament--he was merely a Christian; he believed in +what was revealed to us in the Bible and submitted himself with humility +to the Almighty power. He was brought up in the Episcopalian church and +died a member of it. + + + MR. PEYTON'S ORIGINALITY AND POWER OF ILLUSTRATION. + +"I recall a conversation," says one of Mr. P.'s biographers, "just after +a protracted term of the Augusta Circuit Court, in which the late Judge +Lucas P. Thompson and Gen. B. G. Baldwin bore the leading parts. Gen. B. +was paying generous tribute to Mr. Peyton's force and originality. Judge +Thompson remarked in substance, that he had never seen Mr. Peyton go +through a cause deeply interesting and moving him, in which he did not +utter some view or sentiment illuminated by genius, or at the least, +some illustration marked by a bold originality; and he instanced two +causes, tried at the last term--one a civil suit and a very heavy will +case, in which he made a novel and scorching application of a familiar +fable of AEsop. I forbear to give its details, because both the critic +and his subject have passed from earth. + +"In the same cause three signatures were to be identified and +proved--that of the testator and also of the attending witnesses--all +three having died since their attestation. Many witnesses were called to +prove the genuineness of the three names. Opposing counsel sought to +badger the witnesses by urging them to specify what peculiar marks there +were in the handwriting and signatures, whereby they could speak so +positively as to their identity and genuineness. This of course for the +most part they could not do, and in the argument of the cause before the +jury the same counsel strove to throw discredit and contempt upon those +witnesses (all men of good character) for their failure and inability so +to describe the quality and peculiar marks in the calligraphy of the +signers as to show they were familiar with their handwriting. In his +reply to those sallies of his opponents, Mr. Peyton swept away the whole +airy fabric by a single happy illustration: + +"'_Gentlemen,' he said, 'You have often been assembled in crowds on some +public or festive occasion. Your hats have been thrown pell-mell in a +mass with perhaps a hundred other hats, all having a general +resemblance. Suppose you had attempted to describe your hat to a friend +or servant, so that he might go and pick it out for you. It has as many +points for accurate description as a written signature--its color, +height of crown, width of brim, its band, lining, &c. Do you think that +friend or servant could by any possibility have picked out your hat for +you? And yet when you went yourself, the moment your eye would light +upon it, you instantly recognize it amongst a hundred. Familiarity with +it has stamped its picture on your mind and the moment you see it, the +hat fills and fits the picture on your mind as perfectly as the same hat +fits your head_.' + +"The jury were evidently won, and gave full credence to the ridiculed +witnesses. + +"The other instance during the same term (cited by Judge Thompson) +occurred in the celebrated prosecution of Naaman Roberts for forgery--in +forging the name of Col. Adam Dickinson to a bond for six hundred +dollars. + +"The body of the bond was confessedly the handwriting of the prisoner at +the bar. That was admitted. The signature was a tolerably successful +attempt at imitating the peculiar handwriting of Adam Dickinson. But no +expert could look at the whole paper and fail to see a general +resemblance between the body of the instrument and the signature, +raising a strong conviction in the mind that both proceeded from the +same hand. + +"The defense strongly insisted upon excluding the body of the instrument +from the view of the witness, by covering it with paper, or turning it +down, and so confining the view to the signature only--upon the familiar +doctrine of the law of evidence forbidding a comparison of various +handwritings of the party, as a ground for an opinion upon the identity +of genuineness of the disputed writing. And this point was ably and +elaborately argued by the prisoner's counsel. + +"The learned prosecutor met it thus: + +"'_Gentlemen this is one entire instrument, not two or more brought into +comparison. Let me ask each one of you, when you meet your friend, or +when you meet a stranger, in seeking to identify him, what do you look +at? Not his nose, though that is the most prominent feature of the human +face; not at his mouth, his chin, his cheek; no, you look him straight +in the eye, so aptly called the "window of the soul." You look him in +the eye, but at the same time you see his whole face. Now put a mask on +that face, leaving only the eyes visible, as the learned counsel would +have you mask the face of this bond, leaving to your view only the fatal +signature_. + +"'_If the human face so masked was the face of your bosom friend, could +you for a moment identify him, even though permitted to look in at those +"windows of the soul?" No; he would be as strange to you as this +accursed bond has ever been strange to that worthy gentleman, Colonel +Adam Dickinson, but a glance at whose face traces the guilty authorship +direct to the prisoner at the bar_.' + +"This striking illustration seemed to thrill the whole audience as it +virtually carried the jury." + + + MR. PEYTON DECLINES A JUDGESHIP. + +In 1824-5, Mr. Peyton received a highly complimentary letter from the +late Col. S. McD. Moore, of Lexington, then a delegate to the +Legislature from Rockbridge and attending the sessions in Richmond. The +Colonel informed him that a caucus of members had been held on the +subject of a judgeship then vacant, or about to become so, and that Mr. +Peyton's friends were so largely in the ascendancy that his nomination +by the caucus and election by the Assembly was certain, if only he would +declare his willingness to accept the position. The caucus had +adjourned over to await his reply. The Colonel went on to say that he +and two others had been deputed by the caucus with the agreeable duty of +communicating with him, to ascertain his views as to the matter. We do +not recollect what judgeship it was, but remember distinctly that +Colonel Moore mentioned that in case of election, it would lead to, or +require (we know not which) Mr. Peyton's change of residence to +Richmond. In this letter Col. Moore on behalf of himself and his +colleagues urged his friend to accept and presented many cogent reasons +why he should do so. Proof against all importunities, Mr. Peyton +politely but firmly rejected these overtures and declined under any +circumstances to allow his name to be used in connection with the +office. This circumstance is mentioned, not as an evidence of Mr. +Peyton's indifference to preferment, which has sufficiently appeared, +but to show the estimate in which he was held by the profession and to +present, so far as possible, clearly and truthfully, the history of his +life. + +There is an old Spanish proverb which says, "Tell me whom you live with, +and I will tell you who you are." We can infer what manner of man he was +from the fact that through life, he was held in the highest esteem by +the enlightened men of the day. From the ranks of the virtuous and wise +came his friends, and what a source of happiness it must have been to +him. It has been well said: "There is no blessing of life that is in any +way comparable to the enjoyment of a discreet and virtuous friend. It +eases and unloads the mind, clears and improves the understanding, +engenders thoughts and knowledge, animates virtue and good resolutions, +soothes and allays the passions and finds enjoyment for most of the +vacant hours of life." If this be true, and who can doubt it? how much +greater the happiness to be blessed, not with one, but with many +friends, and those friends, themselves worthy of every honor and praise. +The steadiness and devotion of his friends is worthy of mention in this +connection, they never deserted or betrayed him--on the contrary, +through life, they gave him innumerable evidences of their appreciation. +Some of his youthful college friends, they were not simply companions, +among them Professor Comfort and the late John Yates, of Jefferson +county, Virginia, visited him at Montgomery Hall, forty years after they +parted at Princeton. And Mr. P's papers disclosed a correspondence with +numerous others, such as John Sergeant, Joseph R. Ingersoll, Richard +Rush, William Gaston, J. M. Berrien, of Georgia, and others of his +earlier friends, all of whom became prominent men. + +For clearness of thought, force of reasoning and statesmanlike views on +all questions of moment he had no superior, and such was his sense of +justice and his impartiality, his powers of judicial analysis and +insight, or the judicial character of his mind, that we have often heard +the most gifted of his contemporaries regret that he had never sat upon +the Justice Seat, where in their opinion, he would have equaled, if he +did not surpass, the greatest judges who had adorned the bench of +Virginia. + + * * * * * + +Notwithstanding his refusal to stand as a candidate for a Judgeship, he +was voted for, in the General Assembly of Virginia in 1831-32, and came +within a few votes of election. The result gave him satisfaction, for +had he been chosen, he must have resigned, as unceremoniously as he was +elected. He always explained to his supporters that he could not give up +his extensive and lucrative practice, on account of his large and +expensive family, for a poorly paid judgeship--and besides he preferred +the active and exciting life of a lawyer, to that of a judge, or in a +word, the bar to the bench. + + + MR. PEYTON'S LETTER ON THE CONVENTION OF 1829-30. + +For several years previous to 1829, the question of calling a Convention +to form a new Constitution for Virginia was agitated. There was a kind +of political fermentation on the subject of innovation, with many +persons, a strong desire to up-root the laws under which the State had +so long prospered, and make a new experiment in government. The Ultras +objected to the freehold basis of representation and demanded the white +basis, or manhood suffrage, they opposed a judiciary elected for good +behavior and demanded the election of judges at short intervals, by a +popular vote. They objected to various other conservative provisions of +the Constitution of 1776. Party spirit infused itself in all discussions +and no small excitement was created in the public mind--as a result of +the agitation on the subject. A convention, though opposed by the wisest +men in the State, was finally ordered, and persons nominated for +election were called upon to give their opinions through the newspapers, +on the various questions which would come before it. + +Among those asked for their views was Mr. Peyton, who published in the +Staunton papers a long and able letter, in which he opposed the white +basis; the election of judges by a popular vote and for a term of years; +and advocated their election during good behavior, by the Legislature. +He advised the retention, generally, of the conservative features of the +old Constitution, and while he admitted that a few changes might be +made with advantage, warned the people against tampering with the laws, +the currency and the peculiar institutions of the South. He added that +he had voted against calling a Convention, believing that the +Constitution of 1776, was better than any the people were likely to get +from a new Convention; in a word, he bade them bear the "ills they had +rather than fly to others they knew not of." + +The letter was so conservative in character and so conclusive of the +points at issue, that it was thought it would have gone a long way +towards preventing the call of a convention, had it been published +earlier. As it was, it only made the friends of organic change, more +determined. They were bent on giving form and substance to their dreams, +their passions were up and they would be satisfied with nothing else. + +Some of the most advanced enthusiasts advocated, what are styled +"women's rights," their right to vote, to serve on juries, to hold +office and the like--others were opposed to allowing a man to enjoy the +fruits of his industry, and favored dividing out his income when it had +reached a certain sum; no doubt some would have liked the principal +divided also, others favored free inquiry, if any one knows what this +means in a country where investigation and thought are as free as the +air we breathe; free religion, which was supposed to have been settled +by Mason's act of 1776, legalizing all forms of worship, commonly called +the act of religious freedom, free morals and opinions, and it is not +unlikely there were others who favored free love as a means of +squelching out polygamy. One of the most notorious and eccentric of +these social reformers, was Fanny Wright, not, however, a native or +resident of Virginia; and it was said, with what truth we know not, that +the sum of her teachings amounted to this, that any man who donned a +whole coat and a clean shirt was an aristocrat and ought to be put down. + +These misguided people sought to break the force of his views by a loud +outcry, saying he was an old Bourbon, entirely behind the age, a praiser +of times past, like Nestor in the Iliad; who wished the laws of Virginia +to remain unchanged and as unchangeable as were those of the Medes and +Persians, and would have it so if left alone. A looker-on would have +supposed this enlightened man and moderate conservative, from this kind +of ultra nonsense, as extreme in his policy as the notorious Lord John +Manners, a man of phlegmatical repulsiveness of manners, who in +admiration of his class, once exclaimed, with idiotic fatuity: + + "Let wealth and commerce, laws and learning die + But leave us still our old nobility." + +The loss of Mr. Peyton's letter cannot be too much regretted. If +reviewed the whole history of the Judiciary previous to and from the +time of William III., when by act of Parliament the Judges were to hold +office during good behavior, up to a later act of one of the George's, +providing that their commissions were not to cease by demise of the +Crown, and down to his day. He argued earnestly also, in favor of an +independent judiciary, this question arousing his deepest interest, and +showed up the curse of a venial and corrupt one, having in its unsafe +keeping the lives, reputation and property of the people. He entered +also, into an elaborate discussion of the question of popular +representation, the first instance of which, it was stated, occurred in +Aragon in the twelfth century, &c., and discussing the basis of +representation, expressed himself, in case the freehold basis was +discarded, as in favor of the mixed basis, taking into account both +population and prosperity. + +The letter breathed a really liberal and enlightened spirit in politics +and religion, and made him the idol of the liberal conservatives. The +extremists were, however, antagonized by it, and in their rage and +disappointment, set to work to mar, if not destroy, his influence. While +distorting and misrepresenting him and his opinions, they had the +"cheek," to say, they did it "more in sorrow, than in anger." + +Not at all disturbed by the hurly-burly, he laughed heartily at their +nonsense, and said that these enthusiasts in their efforts to emancipate +man socially, morally, politically and otherwise from all the ills of +life, were innovators running after something they would never reach, as +the hind wheel of the carriage which is in constant pursuit of the fore +one without ever overtaking it. And when he got a chance at one of the +Ring Bosses, and he sometimes cornered one, he handled him after such a +fashion, that the Boss never wished to see him again. To these Bosses +distance ever afterwards, lent enchantment to the view, of this man of +relentless logic, keen irony and withering sarcasm. Many of these +so-called Reformers aimed at nothing worse than their own advancement. + + * * * * * + +From the foregoing synopsis of Mr. Peyton's letter it is evident, if he +did not say so, that, in his opinion, love of variety and change, a +desire to subvert the existing state of things, indicated both weakness +and ignorance; that it is not the strong-minded and right thinking who +desire to cut loose from the past, its traditions and customs and its +endearing associations, but the stupid, whose wild and dangerous +projects carried out, would, however, unconsciously to themselves, give +us poverty in lieu of prosperity, licence instead of liberty. + + + MRS. ANNE PEYTON. + + HER REMOVAL TO AUGUSTA COUNTY. + +During the year of 1829, Mrs. Anne Peyton, the widow of John R. Peyton, +the hero boy of '76, and mother of John H. Peyton, broke up her +establishment at Stony Hill and removed to Staunton. Some years before, +namely on February 1st 1826, her son, Rowze Peyton, was married to a +second wife, Eliza Murray, daughter of John B. Murray, a citizen of New +York City, but a native of England. His Northern bride did not find +plantation life congenial to her tastes and induced her husband to leave +Virginia. After a brief sojourn in New York City, Mr. and Mrs. Peyton +removed to Geneva, N. Y., where they long lived and both died, leaving a +large and interesting family, now connected by marriage with many of the +leading families of the Empire State--such as the Sewards, the Cuttings, +Spensers, deZengs, Wilmerdings, Rathburns and others. + +The venerable and respected mother of John H. Peyton was affectionately +invited by her son and his wife, as soon as they heard of her intention +to leave Stony Hill, to make her home at Montgomery Hall, which she +decided to do. Mr. Peyton had built immediately, for her exclusive use, +a comfortable brick residence in the grounds of and near the mansion. +Here she took up her residence in the summer of 1829, and in that snug +abode, she spent in singular ease and tranquility the rest of her life. +At this time Mrs. J. R. Peyton was of large and striking person, +dignified and graceful in manners. She was over 70 years of age, dressed +in black, with a high-crowned white muslin cap and frill, a cap in the +style of what is now known as the Martha Washington cap, and she looked +at first sight eminently neat, precise and stately. She was in fine +physical preservation and her mind and memory unimpaired. She was very +accessible and companionable, she liked to see her friends and to chat, +and her conversation was always full of thought and poetry. Her +acquaintance with and knowledge of the leading Southerners of the pre +and Revolutionary era was extensive, and she possessed a large fund of +information on social, literary, and political topics. This and her +anecdotes, racy and amusing, caused her society to be courted by such +men as Gen. Baldwin, Daniel Sheffey, and Chapman Johnson. Her parlor was +the center of attraction and the rallying point of the family. Her +grandchildren especially gathered round her chair, and listened with +infantile delight, to her graphic accounts of the war, of the officers +and soldiers, of their hair-breadth escapes, of the battles, &c., and at +that early day became familiar with the names of the Washingtons, +Masons, Conways, Fitzhughs, Lees, Scotts, Marshalls, Moncures, Daniels, +Greenes, and other prominent people of the Northern Neck, and all more +or less connected with the bloody drama of the war. + +At the premature death of her husband, when only 45 years of age, she +was left with the heavy responsibility of a large and helpless family, +and an extensive plantation and many slaves. Had she possessed less +character and spirit, less force and ability, she must have been +prostrated. The disaster, however, seemed to call forth her strength, +and gave such firmness and elevation to her character, that her friends +and neighbors were filled with admiration and delight. This excellent +woman, who had been during the prosperous period of her husband's life, +all weakness and dependence, now displayed heroic qualities, showed +herself equal to the trying position in which she was placed, displaying +a mental force and firmness truly astonishing,--every difficulty was +overcome, every obstacle put aside. She entered on her new career +soberly and seriously, devoted herself to the education of her children +and the management of their property. The children were taught to think +justly of themselves and kindly of others. She aimed to store their +minds with useful information and to form their moral and religious +characters--thus giving them correct, practical ideas and good habits. +Religion was the basis of her teachings and her children went into the +world with just notions of human life, prepared if prosperity smiled +upon them, to receive it with humble gratitude, and if calamity +supervened to endure it with dignified patience. A kind Providence +prolonged her life to see them a joy and a comfort to herself, and an +honor to Virginia. She governed and directed the affairs of her estate +with such skill and discretion that Old Stony Hill [3] put on a new +face, showed successful husbandry and yielded abundant crops--so much +so, that the casual observer even could not fail to see that both white +and black there enjoyed prosperity and content. Greatly attached to this +old family seat, where she had lived a half century, nothing but the +marriage of her six children and their departure for new homes of their +own, could have torn her from it. But when her only remaining son, +Rowze, who had married a New York lady, mentioned his purpose of leaving +Virginia and settling in New York, she quickly made up her mind to +accept the invitation of her favorite son, John Howe, and to end her +days at Montgomery Hall. + + [3] STONY HILL. NOTE.--It may not be uninteresting to mention + that the Stony Hill mansion was an old red brick building erected in the + 17th century, with a wide hall and Grecian portico, commanding an + extensive and beautiful view of Aquia creek and the Potomac river. The + dwelling had grown to be a large and rambling domicile under the + additions of four generations of the Peyton's, and all of them improving + men. This fine old colonial house was demolished during the first year of + the Civil-war, 1861-62, by Federal troops, on the spurious pretext that + it was a necessity to have at once material for baking ovens. The old red + bricks of this stately home, brought from England, as ballast in sailing + vessels sent out to fetch back tobacco to Bristol, were used to erect + many ovens in which bread was baked for the invading northern army. + + When John Peyton lived at Stony Hill the estate consisted of 1900 acres + of fine land, and as far as the writer knows, still does. It is owned + and occupied in 1894, by Mr. Moncure, a son of the late President of the + Virginia Court of Appeals, Judge R. C. L. Moncure, whose widow still + lives, and is a descendent of John Peyton. + +Mrs. Anne Peyton was a woman of worth, thoroughly honest, sincere and +straightforward, with a fund of practical common sense. Her +conversational powers were of no ordinary kind. A sincere, devout and +humble Christian, a good wife, devoted mother, kind and sympathetic +friend, she was in all respects a remarkable person. While it does not +come within our scope to here enter at length into her life and +character, it is right and due to her memory, that reference should be +made to her exalted piety. So domestic, unobtrusive, and retired was her +plantation life, that her name is little more than an echo in the age in +which she lived, and might scarcely be even that, if it had not been +kept somewhat in mind by the fame of her distinguished son. A +considerable part of her time, after she fixed her residence at +Montgomery Hall, was spent in the seclusion of her apartments, and much +of every day was given to meditation and prayer. She left behind many +voluminous manuscript books, in which she had copied the Psalms, the +Proverbs, and Ecclesiastes, and many striking passages from other parts +of Holy Writ, and containing many prayers, (original and quoted,) and +ejaculations, suited to various occasions. These were of the following +character, which will give an idea of the whole: "Supply, Oh Lord, the +wants of a heart which knows not even how to lay them open before thee, +which does not so much as think of doing it, and which too often shuts +out the light and consolation of which it stands in need." And-- + +"These, O Jesus, are the things I ask. Intercede for me, that I may be +truly sensible of the diseases that I labor under, and thankfully +embrace the means which thy goodness has ordained for my recovery. Grant +that the end of all my actions and designs may be the glory of God. +Enable me to resist all the sinful appetites of my carnal nature. Grant +that I may hunger and thirst after righteousness" &c., &c. + +These MS. books contained also evidence that she prayed often, fervently +and importunately, and that like Anna, she served God with fastings and +prayers night and day. Luke ch. 2, v 37. She was never, however, "rash +with her mouth," heeding. Eccl., ch. 5, v 2. On the contrary, her words +were few and innocent of those vain repetitions against which our +Saviour warns us in Matthew, ch. 6, v 7. + + + AFRICAN COLONIZATION. + +He advocated the colonization of our African population in Liberia and +was one of the managers of the Augusta County Colonization Society, +founded in 1831-32 to promote this end. + +The managers submitted to the Society their annual report on the 21st of +April, 1832, the following extract from which will show the object and +purposes of the Society: + + Concerning the colony of Liberia, we have no information to + communicate but such as the public prints have given from time to + time, to all who wished to know what was going on at that + interesting establishment. The sum of this information is, that the + colony, gradually advancing in numbers, advances also in every + branch of improvement and prosperity. We believe that in the whole + history of colonization, there has never been an instance elsewhere + of so cheering a degree of success from a similar amount of means + and exertions. Divine Providence has evidently smiled upon the + enterprise, and encouraged its friends to prosecute it with + untiring perseverance. + + Shall we close this paper here? A feeling which we assuredly know + to be no other than a sincere regard for the honor and welfare of + our country, prompts us to offer to the society some additional + reflections. + + It was never expected by any man of sense that the voluntary + association of which we form an humble part, would be able to + effect, by its own very limited energies, any sensible diminutive + of the large and pernicious mass of our colored population. But we + did hope to evince the practicability of acquiring an extensive and + fertile territory in a suitable climate and of removing our negroes + to it and setting them in it, with fair prospects of their becoming + a respectable and happy nation; and thus to pioneer the way for + delivering this otherwise favored land of ours from a burden, the + sorest that ever afflicted any people under heaven. And this hope, + thanks be to God, we are permitted to see realized. The colony + exists and flourishes. It remains that the legislative authorities + of these Southern States, invigorated by the attainable and + powerful aid of the Federal Union, take this business under their + efficient patronage. And surely the period is now emphatically come + for putting into action on this momentous subject our utmost + talents and our utmost resources. After ages already lost in + supineness, shall we still waste our precious time in + disquisitions, as needless as they are unreconcilable with our + boasted republican character, on what we call the right of property + in our slave; while the deadly evil which we all profess to + deplore, is gaining ground upon us with gigantic strides every year + and every hour. We say needless disquisitions; for such they appear + to us to be. Let liberal means be provided for removing far away + those unfortunate beings amongst us whom we denominate free blacks, + together with those slaves who shall be voluntarily manumitted for + the purpose of removal. On this single condition, we are satisfied + that there will be no necessity to interfere in a compulsory way + with any man's right of property in his slaves. Public sentiment, + incessantly acquiring expansion and strength will much better + achieve the glorious consummation. + + But suppose this to be a visionary picture. Suppose that yet + greater sacrifices shall be found indispensable. What then? Shall + we shrink from the making of those sacrifices for the salvation of + our native land, the loveliest and the choicest of all lands? Shall + we tamely sit still, and see Virginia despoiled of much of her + strength by unexampled emigration to other regions, and by this + means ripening the more speedily as a harvest for the scythe of the + assassin. Shall we, after all that we have seen and heard within + nine months past, persist in the slumber and indolence of + infatuation? Or shall we soon arise in all our zeal, and all our + united strength, to devise and to pursue the measures by which + alone such a tremendous issue may be arrested, and our country + rendered truly prosperous and happy? How these questions are to be + answered by facts, time must discover, and God only, who is + omniscient, can certainly foresee. For our part, though we deeply + lament that the equally able and eloquent discussion which recently + took place on this most important topic in the hall of our + legislature was suffered to float away into the air, yielding no + practical results; yet we think we ought not to abandon the cause + of liberating our beloved country from the abominations and the + curse of slavery, in utter despair. A better day may be about to + dawn upon us. Perhaps the discussion to which we have referred, + itself a wondrous phenomenon in Virginia, may not die away as a + fruitless expenditure of feeling and genius. And in the meanwhile, + let us continue our labors for the improvement of the Colony, that + it may become a more capacious, and in every way convenient + receptacle for drawing off, when the good season for the extended + operations shall arrive, the pestilential nuisance of our African + population. + +The prominent men of that period associated with Mr. Peyton in this good +work were Rev. Conrad Speece, Joseph Cowan, Samuel Clarke, John McCue, +George Eskridge, Charles A. Stuart and others. + + + RETIRES FROM THE BAR AND IS ELECTED TO THE SENATE. + +Mr. Peyton determined some years before he was 60 years of age, to +retire from the bar when he reached that time of his life, and did so. +After he was sixty he took no new cases, only in one case making an +exception to this rule in favor of an old and valued friend, who +earnestly implored and begged for his services. He gave them to this +friend and lost the case in the circuit superior court of Augusta, but +was so well satisfied that the case was erroneously decided that he took +an appeal, and after Mr. Peyton's death the decision of the lower court +was reversed and thus his client ultimately gained his cause. After he +reached the age of 60 he only attended his office and the courts to wind +up his business. + +His friends knowing his purpose to give up the bar determined, if +possible, to secure his services in the Senate. He was solicited on all +sides to go to the Senate, and the following letter appeared in the +Lexington and Staunton papers: + +_To the Voters of the Senatorial District of Rockbridge and Augusta_: + +FELLOW-CITIZENS-- + +The next session of the Legislature will be the most important which has +occurred for many years past. The criminal laws of the Commonwealth are +all to be revised, the subject of education is to be thoroughly +considered, and the great schemes of internal improvement are to be +brought forward and vigorously pressed by their respective friends. +Under these circumstances it is particularly important that this +District should be ably represented in the Senate of Virginia, the body +that must supervise and give the finishing touches to the Legislation on +all three subjects. Rockbridge and Augusta, long famed for their +morality and good order, have a deep interest in having the system of +fixed laws brought to the highest state of perfection. They have their +primary schools, the academies and colleges all requiring an _able +champion_ and _enlightened patron_, and they have their respective +schemes of improvement: the James River canal, the extension of the +Louisa railroad and continuation of the macadamized turnpike from +Staunton to Buchanan, demanding the support of a powerful intellect and +matured experience. + +In looking around for a suitable representative of the District, the +eyes of everyone seem attracted to _John H. Peyton, Esq._, of Augusta, +as the man. He is a gentleman of distinguished ability and unblemished +integrity. He has long been known to Virginia as the ablest criminal +lawyer in her borders, and hence he is peculiarly qualified to discharge +the duties incident to the revision of those laws. His general +attainments and enlightened views of, and on all subjects qualify him in +a high degree to aid in constructing a system of public education which +shall diffuse the genial rays of knowledge through all classes of +society, and he has evinced his deep interest in the success of the +James river improvement by the most substantial of all proofs--the +investment of large sums of money in its work. + +Mr. Peyton now holds several lucrative offices and he is in the +enjoyment of an extensive and extremely profitable law practice, but it +is understood that he is willing to relinquish them all if his +fellow-citizens should require his services in the Senate. It is a +subject of congratulation to the district that such is the fact, and I +cannot believe that the district will hesitate for a moment to avail +itself of the services of so distinguished an individual. It would be a +subject of just pride to our district to send such a man to the Senate. +He would tower head and shoulders above any other man in that body, and +the impress of his talents and learning would be permanently visible +upon the statute books of Virginia. Let the voters of the district then, +go forward as one man, and record their votes for John H. Peyton. Let +them recollect that it is a duty which they owe their country to select +the man who, from his talents and acquirements, is best suited to +discharge the duties of the station. When in the management of his +private affairs, it becomes necessary to employ an agent or an attorney, +they always seek the man best qualified, and upon the same principle, +when they are about to choose an agent not only for themselves but for +their country and posterity, (for in the administration affairs we are +trustees for posterity) they should elect the man who is able to render +the most efficient services to the public. + +The office of Senator is at all times an important one; but under +present circumstances, there is a peculiar propriety in selecting the +strongest man, for it is universally conceded that there is a woeful +deficiency of talent in the Senate. The election of Mr. Peyton would +therefore be hailed with satisfaction by the whole State; and he would +be from our district, the Senator of Rockbridge and Augusta.--Lexington +Gazette and Spectator, May 2, 1839. + A VOTER. + + +MR. PEYTON'S LETTER CONSENTING TO RUN FOR THE SENATE. HIS POLITICAL +SENTIMENTS. + +_To the voters of the Senatorial district composed of the counties of +Rockbridge and Augusta._ + +FELLOW-CITIZENS: + +Having authorized my name to be placed before you as a candidate to +represent you in the Senate of Virginia, I deem it a duty I owe alike +to you and myself to make a plain and distinct avowal of my political +sentiments. + +Though it is true that a member of the Senate of Virginia, has little to +do with Federal politics, and may not during his whole term of service +be called upon to express a single opinion upon them, yet, in a +representative republic it is not only proper that the political +sentiments of a candidate should be distinctly understood, but it is +equally proper that he should possess political sentiments congenial +with those of his constituents. + +Under this impression, the following brief statement is made. + +I came into public life about the period of the election of James +Madison as President of the United States.[4] I served as a member of +the House of Delegates of Virginia the two sessions of 1808-9, 1809-10. +I was a friend to the election of Mr. Madison and a warm and zealous +advocate of the measures of his administration. + + [4] FOOT NOTE.--Mr. Madison was elected President in 1809 and re-elected + in 1813. + +Among the measures to which I gave my hearty support was the +establishment of the late Bank of the United States. Since that period I +have not mingled in politics. As a citizen, however, I approved +generally of the administration of James Monroe, and was opposed to the +election of his successor, John Quincy Adams. + +I advocated the election of Andrew Jackson, and supported most of the +measures of his administration during his first term. I also voted +reluctantly for his re-election, I disapproved of his veto to the bill +to recharter the Bank of the United States, and the _ad captandum_ +arguments used by him to justify the measure. I attributed the act then, +however, more to the feelings created by the particular time when +Congress passed the bill--it being just previous to his second election, +than to any settled hostility on his part to a United States Bank. + +Shortly after his re-election, he commenced a train of measures to which +I was utterly opposed; measures of a novel and alarming character, and +which in their origin and subsequent developments, brought distress and +embarrassment upon the banks, upon the country at large, and especially +upon all our great commercial interests. I allude to his wild, violent +and undigested schemes of finance--commencing with his pet Bank system +and ending with his order in council, the Specie circular. + +This warfare upon the Bank of the United States, the currency and the +commerce of the nation, reduced us in 1837 to the degradation of +witnessing a general suspension of specie payments by the banks. + +These acts connected with the corrupting system of party discipline +introduced by that administration with the view of compelling private +judgement to succumb to the behests of party, completely separated me +from the administration of Andrew Jackson. + +His successor who pledged himself in advance "to follow in the footsteps +of his predecessor," and who has gone a bowshot beyond him in +obstinately pressing upon a free and intelligent people; his thrice +rejected scheme of a sub-treasury--to him and his measures I have always +been strenuously opposed. + +Upon those subjects which fall more legitimately within the scope of the +duties of a Virginia State Senator--in advancing and promoting the great +cause of internal improvement, and in the diffusion of light and +knowledge among our people, and in the general objects of legislation, +my interest is identified with yours. + +Finally, occupying the relation I now do, fellow citizens, towards you, +by no procurement of my own, but having been pressed into it by the +solicitation of friends, I have thought it right thus briefly, but at +the same time explicitly, to state my political views. I have felt this +duty the more imperative--because having been once a supporter of +General Jackson's administration, and no public occasion having since +occurred, except at the polls, to make my subsequent opinions known were +I silent some might cast their votes in this election under a +misapprehension of my sentiments. Whilst, then, I would regard an +election to the Senate of Virginia as a flattering proof of your +confidence--I could not but regard that confidence misplaced and +valueless, were it bestowed by the people without knowing where and how +I stand. + JOHN H. PEYTON. +[_Spectator, May 9, 1859._] + +He was duly elected and took his seat at the next session of the Senate. + + + MORE OLD LETTERS. + +For want of a better place, the following bundle of old letters, running +in date from October, 1823, to April, 1839, are here given. They possess +a peculiar interest to the children of Mr. Peyton, unimportant as they +are, since they exhibit, the domestic side of his character: are pages +in the history of the family and it has been well said that, "Every +family is a history in itself and even a poem to those who know how to +search its pages." + + + JOHN H. PEYTON TO HIS WIFE. + + Charlottesville, Oct., 9th, 1823. + +_My Dear Wife_: + +It is now Thursday morning, and we are not yet through with the trial of +the first criminal, and there are three others waiting trial. When we +will finish with them I cannot undertake to say. + +I have employed as overseer for my farm near Staunton, a relative of my +present overseer, who bears the same name. As you seem so partial to +your countyman, old O'Sullivan, I will send him to my farm on Jackson +river. Don't expect me till you see me, for it is impossible to say when +I can return--the Judge thinks of holding a court next week. If so I +will write you. + +Keep everyone busy preparing winter clothing for the negroes--send for +the overseer and tell him that it is my particular wish that he should, +as soon as the seeding is finished, plough the large field around +Sinaugh's house. Tell him to have the wheat threshed out. Adieu. Kiss +little Susan for me, and believe me, + + Your affectionate husband, + JOHN H. PEYTON. + +P. S.--Miss Nicholson is here and well. + + + SAME TO SAME. + + Harrisonburg, Feb. 18, 1824. + +_My Dear Ann_: + +I was exceedingly gratified to get your affectionate letter of the 16th +inst., written in that calm spirit of fortitude and resignation which +convinces me that you take a right view of our late misfortune (supposed +to be the loss of a child). I was fearful until I received your letter +that you would be uneasy at my detention here, and am delighted that you +are acquiring patience and learning to submit with composure to the +inevitable. When you have learnt well these practical lessons you will +be much better prepared to encounter the trials and disappointments of +life, and nothing is truer than that all mankind must and will +experience calamities. When we are prosperous we should always look for +a reverse of fortune, and when we are in adversity we should recollect +that it is the common lot of humanity. No one ever yet enjoyed +uninterrupted happiness, and those who have most nearly approached it, +are the sober, the virtuous, and industrious. The indolent are always +unhappy and nearly always vicious. If you wish to be happy attend to the +duties of your household--these will give you exercise and exercise will +insure you health of body and mind. When the mistress takes an interest +in domestic affairs--sees that the servants do their duty, that the +house is neat and in order; that regular hours are kept by all, in a +word, when good house wifery prevails, it affords more real happiness to +the well regulated mind of the mistress than any, or all of the +so-called fashionable amusements of the gay world. Such a house wife +cannot fail to be loved at home and respected abroad. + +No one is exempt from trouble, mental or physical, and the weight of +both may seem at times bearing you to the ground, but take heart and the +sum of your enjoyment will always outweigh your troubles. The Almighty +in his infinite wisdom, mercy and goodness, has so constituted our +minds, that past pleasures and enjoyments can always be vividly recalled +to our recollection, past sufferings with difficulty, and seldom in +detail. I would advise you to attempt by all means to divert your +attention from your own person and surroundings, to other objects. The +providence of God has surrounded us with objects of improving +distraction, by which we may be led to think of Him. The same hand that +strews pleasures in your way, has left no situation, however painful or +disagreeable, where an antidote to your distress has not been placed +within reach. You must, however, rouse yourself and seek for it. We +constantly meet persons who complain that everything goes wrong with +them, while with another "whatsoever he doeth prospers." This striking +difference is generally to be accounted for, not by the doctrine of +chances, but by a reference to the temper and character of the +respective parties. Imprudence, or ill temper, for instance, will either +mar the success of any project, or present it in a distorted and +unfavorable aspect. + +It must not be forgotten that this advice comes from your best friend, +from one who has had large experience and who has made the springs of +human action much his study. + +What a field of rational enjoyment is opening before you in little +Susan. You can watch the shooting idea, can restrain any exuberance, +instil in her right principles, make her reverence virtue, detest vice. +It is astonishing how soon good principles may be made to take root, and +bad ones be eradicated. Never tell her, or suffer others to tell her she +is beautiful. If she is so she will find it out too soon. Teach her to +place her claims to distinction upon good sense, good principles, +modesty, delicacy, affectionate deportment to her parents--respectful +behavior to all. Let her respect herself and respect others. Then she +will be in the widest and best sense a lady. It is astonishing how early +in life the temper of children begins to be formed, and consequently how +soon that important part of the business of education, which consists in +the training of the mind to habits of discipline and submission, may be +commenced. "I wish very much to consult you about the education of my +little girl," said a lady some years since to a friend, "who is now just +three years old." "Madam," replied the friend, "you are at least two +years late in applying to me on the subject." Lose no time in instilling +the principles of unhesitating obedience and thus, lay the foundation of +paternal authority, while teaching your children self-control, +self-denial, and how to gain a mastery over their passions. Warn her of +the trials and difficulties, which more or less come to us all, but +especially to the careless and indifferent. + +The suit in which I am engaged will probably be spun out till Friday +evening. I will endeavor in this case to be with you the next day. + + With sincerity of affection, your husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Lewisburg, June 7th, 1824. + +_My dear Ann_: + +Baldwin and myself arrived here the third day after we left Staunton, in +good health. We passed Captain Massie's on Monday and regretted to find +both Mrs. Massie and the Captain indisposed. Sarah and the rest of the +family were well. Susan has a fine daughter, but has been so unfortunate +as to take the milk fever. She was, however, better of it, and I hope by +the time I return will be entirely well. General Breckenridge and family +and Woodville and family are here and in their usual health. Colonel +Andrew and Capt. John Lewis are also here. + +I hope to leave on Thursday next--on Friday shall stop at my farm, +surveying the land I have entered, and on Saturday leave on my return to +Staunton, if nothing happens to prevent it--on Sunday evening I hope to +be with my beloved wife and child--send at once to Maupin (the overseer) +and direct him to detail hands to work the vegetable garden. + +We were all invited to dine to-day with Lewis Stuart, but his wife was +taken ill last night and the invitations were recalled. It was a +disappointment, but as the day is exceedingly warm I think we have lost +nothing. The Colonel has not been at Captain Massie's yet, and I think +Sarah looks a little dejected. No news of William Lewis as yet. The sale +I expect will be postponed until August.[5] + + [5] This refers to the sale of the personal property of Colonel John + Lewis, Mrs. Peyton's father. + +Present Woodville affectionately to Lynn and Benjamin. He unites with me +in love to you and little Susan. + +I am, with anxious desire to be with my dear Ann, + + Your affectionate husband, + JOHN H. PEYTON. + +The "little stranger" mentioned in the following letter is the present +Col. John Lewis Peyton, the eldest son by the second marriage of Mr. +Peyton. Business engagements making it impossible for Mr. P. to be in +Staunton at the birth, intelligence was sent him of the event by his +favorite man servant, Ben Potter, who rode on horseback to Lexington +during the night. + + + Lexington, 16th September, 1824. + +_My Dear Ann_: + +Ben Potter arrived this morning bringing the glad tidings that you had +presented me with a fine son, and that you and the infant were as well +as could be expected. For this I feel grateful, and I regret that I +could not have been with you in the hour of tribulation--everything, +however, happens for the best. I am engaged in a cause of importance, +the evidence in which was closed this evening. The argument takes place +tomorrow, after which I will leave here and try to reach Colonel +McDowell's on my way home. If nothing unusual occurs, I will reach home +on Saturday evening, in the meantime take good care of yourself and the +baby. Be particular not to expose yourself and take cold. Present me +affectionately to my good friends, Mrs. Baldwin and Mrs. Williamson, and +tell them I shall not forget their kind and friendly attentions to you. +Mr. and Mrs. Woodville have not yet arrived--I presume they are detained +by bad weather. + +Direct Ben, on his return, to open a cask of wine for the entertainment +of your friends. Ben is careful and may be trusted. Give my love to the +family, and kiss the little stranger for me. + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Warm Springs, April 3, 1823. + +_My Dear Wife_: + +I had Just got off my horse from Pocahontas when the post going to +Staunton arrived. I delayed it long enough to put in this note for +you.[6] The Judge and myself have fared very well among the people of +Pocahontas and arrived here safely and in good health, the snow, rough +weather and bad roads to the contrary notwithstanding. I have barely +time to tell you this and to say that my anxiety to see you, my +children, my sister and brother was never greater. + + [6] The mail was then carried on horseback, and the postoffice was in + the office of the tavern. + +I have made money on the circuit, enough to pay every debt. + +In great haste, but as ever your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Charlottesville, Oct. 11th, 1826. + +_My Dear Ann_: + +I stayed at Mr. Diver's (Farmington) on the night of the day we parted, +and on the next morning about 10 o'clock reached here. + +Monday evening I spent at Mr. Kelley's in company with Mr. and Mrs. +Cochran, Mr. and Mrs. Hatch, Mr. and Mrs. Gilmer. Lynn is living in a +sedate, pious, gentle family, and is surrounded by every comfort, and +has an affectionate, good husband, who appears to be doing a good paying +business (as a merchant). + +Our court business progresses slowly, so that I do not expect to get off +before Saturday or Sunday. + +If Mr. Cochran (G. M.) has not obtained the bacon I ordered from Mr. +Hogg, you must keep up the supply on the farm from the market, and by +now and again killing a mutton. + + In great haste, your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Callaghan's Tavern, Nov. 4th, 1827. + +_My Dear Ann_: + +I am informed by Judge Taylor that my sister, Lucy Green, of Kentucky, +arrived a few days since in Montgomery county on a visit to my late +brother's family, (Capt. Garnett Peyton's.) She is on her way to see my +mother at Stony Hill, and will not, of course, pass us without a visit. +Though she is impatient to get on, do not let her go until I return, for +nothing could give more pleasure than to see her. + +I missed seeing the wedding party at Capt. Massie's, (marriage of John +Hamden Pleasants to Capt. M.'s daughter Mary.) They had gone to +Fincastle on a visit to the Woodville's. They intend paying us a visit +on their return. Woodville is with me and well. + +Present me affectionately to the children and make my kind regards to +Mrs. Talfair. + + Sincerely your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Richmond, January 19th, 1828. + +_My Dear Ann_: + +I had intended to leave here this morning, but the weather would not +admit of it. It has been raining the whole day. I think the weather will +admit of my continuing my journey tomorrow, for though I have been +treated with great hospitality since my arrival, I had rather be at home +with my dear wife and children than anywhere on earth. + +Mary Green, of Kentucky, is here, and is an affectionate, good girl. She +appears to be sincerely attached to you, and says she had a great deal +rather be at Montgomery Hall with Aunt Ann, than in Richmond, with all +its fashion and gaiety. Bernard has given me two dining parties since we +have been here. We were also invited to dine at Johnson's, (Chapman,) +but could not attend, owing to a previous engagement at Leigh's, (B. W. +Leigh's.) I was obliged also to decline dining at Dr. Brockenbrough's +for the same reason, and I have, for the same reason, had to decline the +invitation to dine with Mr. Daniel. One day I dined with Gen. Sam'l H. +Lewis at Duval's; on another, with the Triplett's; on another day was +invited to dine by all the members of the Legislature at the Bell +Tavern, and did so. Many distinguished strangers were present. On +another occasion, I dined, by invitation, with all the members of our +party. We have been well, with the exception of a cold I caught +attending a book auction. I am, however, getting the better of it, and +hope by the time I reach Stafford to be well. My stay in Stafford will +be short. I shall stop with sister Lynn (Cochran) on my return. Cochran +has a very snug, cosy establishment. I have purchased a lot of nice +things for you; had them boxed and sent to Bernard's (Gen. Bernard +Peyton's) commission house to be forwarded home by the first conveyance, +with a number of law and miscellaneous books bought here. I am fearful +these articles will not reach Staunton soon, as the condition of the +roads is at present wretched. + +I must conclude with the hope that I will receive a letter from you in +Stafford. + +Amanda, (Mrs. General Bernard Peyton) and all send their best respects +and regards to you. + +Kiss my little cherubs for me, and believe me, as ever your affectionate +husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Stony Hill, Stafford, Feb, 24, 1828. + +_My Dear Ann_: + +I had the happiness to receive your letter of the 19th upon my arrival +here, which gives me great pleasure indeed. My detention in Richmond +will prevent my return home as soon as I expected. On Saturday next I +expect to leave here. + +Rowze's wife has a fine daughter, [The present Mrs. T. R. Spenser, of +Geneva, N. Y.] was born the day before our arrival. My mother, Lucy, +Miss Gallagher and Rowze all send their love to you. + + Your affectionate husband, + JOHN H. PEYTON. + + + 1828. + + Warm Springs, 14th March, 1828. + +_My Beloved Wife_: + +The day I left you I reached Colonel McDowell's, (near Fairfield, +Rockbridge county,) where I spent the night in the agreeable society of +the family and my dear old aunt. On the next day about 12 o'clock, I +arrived in Lexington and dined with Mr. Taylor.[7] I spent the evening +and night with James McDowell, Jr.[8] Next day I settled my business in +court, spent the afternoon and night with Taylor, and in the morning set +out for Jackson River, and on Friday reached Captain Massie's, having +crossed the mountain by McGraw's gap, and after an hour's delay +proceeded to my farm where I lodged. Captain Massie and his son, Henry, +dined with me next day, and the same evening my son William arrived from +Pocahontas. He remained with me until Sunday when we went to Captain +Massie's to dinner. After dinner William proceeded to the Hot Springs +and I returned to the farm. + + [7] Hon. James Taylor, M. C. for this district and an old and intimate + friend of Mr. Peyton, who served with Major Peyton in the army during + the war of 1812-15 and whose friendship was continued up to the time of + Mr. Peyton's death in 1847. + + [8] Subsequently M. C. for this district and Governor of + Virginia--Governor McDowell and Mrs. Taylor were both first cousins of + Mrs. Peyton. + +On Monday I rode to Alexander Paris', the old Morris tavern, to dinner, +and thence to William McClintic's, where I remained all night. On +Tuesday, I rode out in the rain to the Warm Springs. When I arrived the +water streaming from my neck, arms, cuffs, and my body was wet to the +skin, a warm bath, change of clothing, a good dish of roast beef by a +blazing fire, washed down with a bottle of rum negus soon warmed me to +life and spirits. Since then I have been busily occupied in court until +this evening. Tomorrow I leave for the Supreme court of Pendleton and +expect to arrive there by Tuesday evening. It distressed me to see my +learned brethren of the bar returning to their families when I was +doomed to another week's absence. But my wife will love me the more for +this privation; when she recollects that both duty and interest demand +the sacrifice. I found all well at the farm, all lazy and happy, all +idle and contented. I did not disturb them, left them to enjoy life in +their own way. I hope sister Sarah and cousin Susan Preston will remain +with you until I get back--nothing affords me more gratification in my +unavoidable absence on the circuit than the thought that you are happily +consoled by the society of your friends. + +Tell Ben to lose no time with the work of gardening and to transplant +from the old garden near the stone spring house the currant and +raspberry bushes. + +Tell Dempster to keep the wagons busy getting out the manure, and to +see that George and Dick are constantly engaged in rail-splitting--the +fences need repairing. Give my love to Sarah Lewis and Susan Preston, to +my little chicks, Susan, John and Ann. + + As ever, my dear Ann, your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Lewisburg, June 17th, 1828. + +_My dear wife_: + +I spent Tuesday and Wednesday after we parted at the Warm Springs. On +Thursday, Mayse, Terrell, and Grattan dined with me at my plantation on +Jackson's river--the same evening we rode to Callaghan's Tavern and on +Friday reached this place. I have a beautiful crop of corn on Jackson's +river, and indeed, the crops of all kinds look promising and the negroes +are healthy, contented and happy. I am in good health and closely +occupied in court. Woodville has not yet arrived, he is detained in the +courts of Botetourt and Monroe, I expect him in a day or two--Col. +Andrew Lewis and Capt. John Lewis are both here attending the court. How +do my little children come on? I suppose Susan is attending her school +regularly and that John with his innocent and lively prattle, and Ann +keep up their mother's spirits. How does Dempster get on securing the +hay crop? Tell him to have the cradles prepared for the harvest. Have +your wool packed and sent to Ben. Crawford's store with directions to +forward it to Barr's to be carded. By doing so the rolls will be ready +to be spun as soon as the women can be spared from the harvest field. + +Isaac Bowyer has arrived here and tells me that the commissioners +appointed to assign Mrs. Mary B. Lewis her dower in Dr. Lewises lands +at the Sweet Springs, have set off to her 204 acres out of the land of +your brother William, including the meadow and brick house. Your old +neighbor, Susan Bowyer, near the Sweet Springs, is dead--the rest of +your old friends and neighbors are well. + +Tell Mrs. Baldwin that her husband [Judge Briscoe Baldwin] is in good +health and spirits. He had the ill luck to have his gig broken to pieces +on the road to the Warm Springs--one of the shafts of the sulky broke, +this alarmed the horse--Baldwin perceived it and leaped from the gig, +the horse then ran off with the gig at his heels and broke it in a dozen +pieces. He had a bottle of old wine rolled up in the foot-board and +though the board was kicked to atoms the bottle was not broken. Was +there ever such luck! We went on to Miller's where we recounted our +misfortunes over the wine which prevented undue depression of spirits. +The horse was uninjured and procuring a saddle, Baldwin mounted the +reclaimed steed who was dripping wet, his eyes dull and his whole +countenance dejected, and we jogged on very pleasantly, cheered by the +Madeira and the reflection that things were not so bad as they might +have been. + +When I write again I will be able to give you more information of our +friends. In the meantime be of good cheer and believe me, + + Your affectionate husband. + + + SAME TO SAME. + + Warm Springs, March 13th, 1829. + +_My dear Ann_: + +I have business at the Superior Court of Pendleton, which I cannot well +postpone, or I would return directly home. My stay at Pendleton, +however, will be short. As usual on first leaving home in the spring I +have taken cold. There is a great difference between the log cabins of +these mountains and the substantial and comfortable houses of Augusta. +For example, it snowed last night and when I waked this morning my bed +was covered with snow which beat in through the window--the floor was +nearly covered also, the snow coming in under the door. At this +inclement season a journey to Pendleton can't be styled a pleasure trip. + +William has been here during the court and leaves to-day for Botetourt. +He appears to be in pretty good health. + +Tell Mrs. Telfair I stopped at the Wilderness (General Blackburn's) on +my way out and found all well--many affectionate inquiries were made +about her. Keep up your spirits--when you look at Susan, John and Ann it +ought to satisfy you with my absence. + + Yours affectionately, + JOHN H. PEYTON. + + + SAME TO SAME. + + Lewisburg, Nov. 18, 1830. + +_My Dear Ann_: + +After your return home, I remained several days at the Warm Springs, and +after court rose, went with William, Sam'l McD. Moore, (subsequently M. +C.,) and Alexander P. Eskridge, son-in-law of Judge Allen Taylor and +brother-in-law of William Madison Peyton, to the Hot Springs, where we +found Sally and the children, (the wife and children of Wm. M. Peyton,) +and were hospitably and elegantly entertained. They all made many +friendly enquiries after you, sister Sarah and Thomas.[9] On Friday I +went to my plantation and procured of Mann a deed to the Mill and the +land in the Falling Spring Valley. Saturday I reached Callaghan's, and +thence took the stage to this place, after sending my horse back to the +farm to remain till my return, a fortnight hence. Woodville arrived on +yesterday and reports his wife better. As soon as he gets back to +Fincastle, they intend making us a visit as he will be detained some +time in Staunton attending the Chancery Court. From Staunton he will go +to Culpeper on a visit to his father. Tell Thomas to stick closely to +his studies, particularly Arithmetic and Algebra. The overseer should +secure the corn crop and cart out the manure. Tell him to thresh fifty +bushels of rye and send it to Major Summer's distillery, to be made into +whiskey. + + [9] The late Major Thomas Preston Lewis, the youngest son of Major John + Lewis, of the Sweet Springs, a man of many noble traits of character, + who died unmarried in Augusta county in 1877, deeply regretted. + +I hope Susan and John are diligently employed at school, and that the +rest of our small fry are doing well. + +The mildness of the season has presented my feeling any inconvenience +from having no woolen shirts. Woodville joins me in love to yourself and +the children, to Sarah and Thomas. + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Lexington, Va., Sept. 19th, 1834. + +_My Dear Ann_: + +On the day I left home I reached here in good time, but by some +misadventure took a cold which has kept me coughing ever since. The heat +of the weather and my heavy clothing has caused a reaction and I hope +soon to be myself again. + +I found Col. Benton and his family[10] at James McDowell's, and spent +some time with them very pleasantly--they will pay us a visit in +October. I am stopping as usual at Taylor's, they are so pressing in +their invitations and will admit of no excuses that I have fallen into +the habit of making their house my home while here. + + [10] Hon. Thomas H. Benton, U. S. Senator for Missouri, and author of + "_Thirty Years' View; or, a history of the working of the American + Government for thirty years, from 1820 to 1850_." Colonel Benton married + Miss McDowell, a sister of Governor James McDowell, a cousin of Mrs. J. + H. Peyton. + +Mr. Poindexter is in Lexington, and will marry to-day the widow Lewis. +The wedding is to be private, and the happy pair will leave immediately +in their barouche for Eastern Virginia. + +James McDowell and wife have just gone to a meeting of the Preston +family in Abingdon with a view to the adjustment of your grandfather and +grandmother's estates, and though your mother will not be represented in +this meeting her claim, while the claims of others is adjusted, cannot +be overlooked. I hope therefore, when they return to hear something +satisfactory. Nath'l Hart, of Kentucky, has been chiefly instrumental, I +understand, in bringing about this meeting. Write me on Monday addressed +to the Warm Springs and let me hear how you all are. Give my love to my +mother and the children. + + I am your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Norfolk, Dec. 19, 1835. + +_My dear wife_: + +Whilst Susan and Miss Robinson, who accompanied her from Richmond, are +drinking tea at Mr. Loyal's,[11] under the care of Mr. Valentine, I take +the pen to scribble you a few lines. On Wednesday we came down the river +from Richmond in the Steamer Patrick Henry, with all Gen. Blackburn's +emancipated slaves and their luggage on board. On the next day I +delivered them to the agent of the Colonization Society and paid their +passage to Liberia. On Friday the girls took tea at Mr. Smith's. The +evening before they spent at Mr. Robertson's. To-day we visited Old +Point, making the trip in the steamer, Old Dominion. After visiting the +fortifications, which I had not seen since 1814, with Col. Bankhead and +Capt. Washington we dined at the Hotel and returned in the evening. +Tomorrow we shall go to hear my old friend, Bishop Meade, preach. On +Monday we expect to visit the navy yard, Gosport and the dry dock, and +on Tuesday return by the Patrick Henry. Both Susan and myself are in +good health. + + [11] Mr. Loyal was the father of Mrs. Admiral Farragut--the gallant + Admiral so much distinguished during the war. + +My stay in Richmond will be brief. I never wished more to be at home. The +people everywhere are very kind and hospitable; my friends are attached +and attentive in different ways, but I do not enjoy my trip, because I +am away from those most dear to my heart. I derive more pleasure from an +evening in the midst of my family than any to be derived from travel. I +love the society of my own family, of John, clinging to my knees, Ann, +Mary, Lucy, the girls singing abed. "No man can tell," says Jeremy +Taylor, "but he that loves his children, how many delicious accents +make a man's heart dance in the pretty conversation of these dear +pledges; their childishness, their stammering, their little angers, +their innocence, their imperfections, their necessities, are so many +emanations of joy and comfort to him that delights in their person and +society." I may misquote, as I quote from memory, but if the words are +wrong, the ideas are right. + +I have exchanged with Mr. Valentine, Malvina for a man cook, named +Smith, about 18 years of age. He is a good tempered, quick and efficient +general servant, and though young, already skillful as a cook; and is +anxious to go to the upper country, as he suffers with chills and fever +here. He will be of much service on the return trip, as I have a lot of +packages containing articles of furniture, mantle ornaments, books, +clothing, &c., to be looked after. I would have left this miserable +place sooner, but the steam boats run but twice a week. I console myself +with the hope that Susan is enjoying and profiting by the excursion. I +long to be with you. I am, as ever, + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Lewisburg, July 14th, 1857. + +_My dear Ann_: + +I arrived here on yesterday in time for the court, but the business is +delayed by the failure of Johnson and Baldwin to appear. They are +expected tomorrow. I hope you are spending your time pleasantly, making +Miss Herring's visit agreeable. Tell Susan it is my particular wish that +she should write me frequently and at as great length as her +engagements will admit of. She is young and thoughtless and requires +the counsels and advice of her father, which I will take much pleasure +in giving her in letters, where it will be more permanent than if merely +spoken. She is at an age when her acts and sayings are the subject of +observation and comment, hence she cannot be too circumspect--next to +the consciousness of acting right, the public voice should be regarded, +and we should endeavor, by a prudent behavior, even in trifling matters, +to secure it in our favor. + +I hope my dear wife that you will also write me often. Mr. Rodgers, the +stage driver, will take charge and safely deliver to me any letters you +may wish to send. + +Have you made the acquaintance yet of Dr. and Mrs. Nelson? You will find +them agreeable and pleasant acquaintances--they are very intimate with +Bernard's family. Have you visited your pretty little farm near the +Springs. If not, go to see it, and let me know what you think of the +property.[12] + + [12] This was a farm of 350 acres lying in the Sweet Spring Valley, + inherited by Mrs. Peyton from her father, and in 1894 is owned by her + nephew, Dr. J. Lewis Woodville. + +Judge Fry, who married a daughter of Parson McElhaney, will be at the +Sweet next week. They are worthy people and I will be glad if you can +call on them. I think you will like them. The good parson has long been +one of my most particular friends, and I want you to be civil to his +daughter. + +Excuse this hasty scrawl. My engagements do not admit of my saying more +than that I send affectionate regards to Ben, Tom, sister Caroline and +all the kith and kin about you. + +I hope those agreeable New Yorkers--the Clarkes, are still at the +Springs. The society of people of so much information and intelligence +who have traveled abroad, is really improving. + + Your affectionate husband, + JOHN H. PEYTON. +Mrs. John H. Peyton, Sweet Springs. + + + SAME TO SAME. + + Lexington, Va., April 20th, 1839. + +_My Dear Ann_: + +I have only time to write you a few lines to advise you of my safe +arrival in good health at Lexington, where our friends and connections +are all well. Tell Aunt Towles I have met her grandson, John Dabney, who +recognized her son Thomas as he rode up to Taylor's. Taylor invited Mr. +Dabney's family and John to take tea with us on yesterday evening, and +to-day we are to dine with the Dabneys'. I am much pleased with Mrs. +Dabney and her sister, Mrs. Price, and more so with John Dabney, who +strikes me as a superior young man. Taylor is expecting his son, Dr. +James Taylor, from Philadelphia, every day, where he has successfully +concluded his medical studies. Their daughter Susan, who has been +spending the winter in Alexandria, is also expected home in a few +days.[13] They wish to give them a royal reception, and wish our +daughter Susan to come up for the merry making. Mrs. Taylor says if she +will do so she will send her to the Natural Bridge, &c. I have told her +I knew you would not part with Susan at this time, but I thought it +probable you would allow her to spend a week with them in May, after my +return from the courts. She was glad to hear this and said she would +send her son Robert and John Dabney to Staunton to escort her at that +time. + + [13] Susan Taylor married some years subsequently Hon. John B. Weller, + M. C. from Ohio, and afterwards Governor of California. + +Tell the overseer to take the calves off my grain, and let them run in +the clover field back of the house--the grain is so far advanced now +that the calves will injure it. I hope he has finished corn planting. +Write me at the Warm Springs, either by Tom Michie or Wm. Frazier, +telling me how the farming operations are going on, and how aunt Towles +and our dear little children are. + +Aunt McDowell, who is here, sends her best love to you, Mrs. Towles and +sister Green. Mrs. Taylor says if Susan will come to her in May, she +will meet her relations, the McDowells, who will return from Abingdon in +April and be at home, and also Jane Preston, and other relatives who are +coming with the McDowells, from Southwest Virginia for a visit to +Lexington. I have time to say no more, as I am called to court. + + Yours affectionately, + JOHN H. PEYTON. + + +The following extract from the Spectator possesses such interest that we +make no apology for introducing it here: + + + JEFFERSON, STUART, PEYTON. + +We have been much interested recently in reading the early history of +the University of Virginia as developed in the unpublished letters of +Jefferson and J. C. Cabell. One of the letters particularly struck us. +It is from Mr. Jefferson to Mr. Cabell, and dated Monticello, May 13th, +1825, and contains the warmly expressed opinions of two of our former +citizens as to the professional ability, general qualifications and high +character of the late Judge Dade, who was urged by his friends as a +suitable person to be made Professor of Law in the new institution, +Judge Stuart and Hon. John Howe Peyton were on a visit to Monticello at +the period when Jefferson was perplexed by the declension of this +Professorship by Mr. Gilmer, and Mr. Jefferson gives the substance of +what Judge Stuart and Mr. Peyton said to him. + +The letter will be read with interest by all, but more particularly by +those who remember Judge Stuart and Mr. Peyton, two of our famous men of +the past, both of whom died full of years and honors, bequeathing +fortunes and leaving families, which have inherited their genius. + + + JEFFERSON'S LETTER. + +DEAR SIR:--Every offer of our law chair has been declined, and a late +renewal of pressure on Mr. Gilmer has proved him inflexibly decided +against undertaking it. What are we to do? The clamor is high for some +appointment. We are informed, too, of many students who do not come +because that school is not opened; and some now with us think of leaving +us for the same reason. You may remember that among those who were the +subjects of conversation at our last meeting, Judge Dade was one; but +the minds of the board were so much turned to two particular characters; +that little was said of any others. An idea has got abroad, I know not +from what source, that we have appointed Judge Dade and that he has +accepted. This has spread extensively, perhaps from a general sense of +his fitness, and I learn it has been received with much favor, and +particularly among the students of the University. I know no more myself +of Judge Dade than what I saw of him at our Rockfish meeting, and a +short visit he made me in returning from that place. As far as that +opportunity enabled me to form an opinion, I certainly thought very +highly of the strength of his mind, and the soundness of his judgment. I +happened to receive Mr. Gilmer's ultimate and peremptory refusal while +Judge Stuart and Mr. Howe Peyton, of Staunton, were with me. The former, +you know, is his colleague on the bench of the General Court; the latter +has been more particularly intimate with him, as having been brought up +with him at the same school. I asked from them information respecting +Mr. Dade, and they spoke of him in terms of high commendation. They +state him to be an excellent Latin and Greek scholar, of clear and sound +ideas, lucid in communicating them, equal as a lawyer to any of the +judiciary corps, and superior to all as a writer; and that his character +is perfectly correct, his mind liberal and accommodating, yet firm and +of sound Republican principles. + + * * * * * + +This is the substance, and these, I may say, the terms in which they +spoke of him, and when I consider the character of these two gentlemen, +and their opportunities of following what they attested, I could not but +be strongly impressed. It happened very much to my gratification, that +General Cocke was here at the same time, received the same information +and impression, and authorizes me to add his concurrence in proposing +the appointment to our colleagues; and to say, moreover, that if on such +further inquiry as they may make, they should approve the choice, and +express it by letter, in reference to a meeting for a conference on this +subject, I might write to Judge Dade, and on his acceptance, issue his +commission. I should add the gentlemen above named were confident that +he would accept, as well from other circumstances, as from his having +three sons to educate. Of course this would put an end to the anxieties +we have all had on this subject. The public impatience over some +appointment to this school, renders desirable as early an answer as your +convenience admits. Accept the assurance of my great esteem and respect. + + TH. JEFFERSON. + + + MR. PEYTON'S WELCOME TO HENRY CLAY. + +In August, 1839, Henry Clay passed through Staunton on his return from +Washington to his Kentucky home. The people determined to give him a +warm greeting. A meeting was held and arrangements were made for his +reception, and John H. Peyton was selected to make a speech of welcome. + +A procession of gentlemen on horseback met the coach, in which Mr. Clay +was travelling from Charlottesville, near Glendale, the present +residence of George L. Peyton, Esq., and escorted him to town. On +arriving in front of the Eagle Hotel, now the Spectator office, Mr. Clay +descended from the coach and was met by _Mr. Peyton_, who welcomed him +in a handsome and appropriate address in which he referred to his long +and distinguished public services, his championship of constitutional +freedom and his patriotic labors on behalf of the best interests of the +country and tendering him the warm hospitalities of the town during his +stay.[14] + + [14] NOTE.--The late Wm. Frazier, who was present, informed us + that it was the most felicitous address he ever heard from one great man + to another, and he greatly regretted that a stenographer had not been + present to take it down. + +Mr. Clay, though laboring under a cold and great fatigue, replied in his +usual happy manner. After entering the Hotel, and a short rest, he held +an informal reception, when the principal people of the town and +neighborhood were presented. There was, of course, no time for +conversation, but Mr. Clay made many facetious remarks to his admirers +as they passed one after another during the hand-shaking. + + + CAMPAIGN OF 1840. + +In December, 1839, Mr. Peyton was a delegate to the National Whig +Convention, which met at Harrisburg, Penn., to decide between the claims +of several rival candidates for the Presidency. General Harrison, of +Ohio, was nominated for the Presidency, and John Tyler, of Virginia, for +Vice President. And immediately afterwards the celebrated "log-cabin and +hard cider" campaign commenced. Log cabins and hard cider became the +party emblems, and both were features of all the political +demonstrations of the canvass, which witnessed the introduction of the +enormous mass meetings and processions which have since become common in +all Presidential elections. There was more clap-trap and less appeal to +reason in this than in any Presidential election in our history. +Harrison was chosen by a vote of 234 against an electoral vote for Van +Buren of 60, and was inaugurated at Washington March 4th, 1841. + + + MR. PEYTON'S SPEECH IN THE CANVASS OF 1840. + +On his return to Virginia, such was his taste and so pressing the +nature of his private affairs, that he took little active part in the +celebrated canvass. + +But upon the occasion of a grand mass meeting at Staunton on the 28th of +October, 1840, he spoke in the Court House to a crowded audience of +ladies and gentlemen, and made a magnificent speech, showing up the +political life and character of Martin Van Buren, his political +tergiversations, intrigue, subserviency, treachery and heartless +selfishness. It was like a prosecution of a prisoner at the bar, and +persons who were present declared that they had never seen or heard +anything like or to equal to it. + + + MR. PEYTON'S SPEECH IN CHARLOTTESVILLE. + +Having much business to be settled Mr. Peyton attended the Autumn term, +1840, of the Superior court of Albemarle and was invited by the "Central +Tippecanoe Club" to address the people. The "Charlottesville Advocate," +edited by the talented Thomas Wood, a man who had few superiors in +Virginia as a writer, thus refers to it: + +"_Mr. Peyton_ made one of the most felicitous efforts we have heard +during this whole canvass. We shall not undertake to report his speech; +we would do him injustice by such an effort. We will say, however, that +few speakers are better qualified to entertain and instruct the public +mind in reference to the great questions now agitating the country. He +understands thoroughly the character of Martin Van Buren. + +"He has watched him closely ever since he entered public life, in 1812, +the opponent of James Madison, and drew a most faithful picture of him +from that time down to this. Van himself, could he have heard Mr. P., +would have been forced to admit, that a more exact likeness never was +drawn. He traced him with much minuteness throughout his tortuous and +slimy career, and showed to the satisfaction of every man present, that +he had been alternately the lickspittle and libeller of almost every man +in the country. So in reference to almost every important question which +has agitated the country for the last 30 years, Martin had been found on +both sides--and no man could tell what his principles were. Mr. P. +ridiculed in a most inimitable manner, amid roars of laughter from his +audience, the claim set up by Van's Southern friends, that he 'is a +Northern man with Southern principles.' Even were it true, Mr. P. +contended that it did not elevate Martin in his estimation, for that if +there were any one thing he abominated more than another, it was a +Northern man with Southern principles or a Southern man with Northern +principles. He went for no such half-frog half-tadpole animal. + +"Mr. P. laughed at the very idea of Martin Van Buren being held up to the +country as a Republican. He remembered well the part he took in the +memorable contest between Mr. Madison and DeWitt Clinton. He was then +leagued with the blue light Federalists, and his course ever since had +been in utter disregard of the good old Republican doctrines of '98 and +'99." + + + VISITOR TO WEST POINT. + +Sometime before, June, 1841, he was appointed a visitor to the United +States Military Academy at West Point, and attended the meetings of the +Board of Visitors, where he so impressed the Board, that he was +selected to write their report for that year, which he did. + +From West Point he visited his brother, Col. Rouze Peyton, at his home +in Geneva, and in the company of the late Randolph Harrison, of Elk +Island, James river, General Bernard Peyton, of Richmond, Colonel Hill +Carter, of Shirley and others, and made a delightful excursion to +Niagara Falls. + +At the next session of the Senate Mr. Peyton was a working member. He +never discharged any duty in a perfunctory manner, but as chairman of +the committee on the Judiciary labored zealously in behalf of reform in +our laws. + + + MR. PEYTON'S LETTER ON BEHALF OF THE BAR TO JUDGE TUCKER. + +In 1841, H. St. George Tucker resigned his position as a Judge of the +Court of Appeals, in order to accept the position of Professor of Law in +the University of Virginia. The following proceeding took place. A +meeting of the bar assembled over which Mr. Peyton presided, and the +meeting appointed him a committee of one to express their sentiments on +the occasion which he did, and the Court adopted them as its sentiments +and ordered them to be placed on record, as follows: + +Virginia: At a Court of Appeals held at Lewisburg on Thursday, the 5th +day of August, 1841: + +Present: The Honorable Francis T. Brooke, William H. Cabell, Robert +Standard and John I. Allen. The remaining members of the Court of +Appeals cordially concurring with the Bar in their sentiments expressed +in their letter to the late President of the Court on his retiring from +office, it is ordered that their letter and reply to it be put upon the +records of the Court: + +_Dear Sir_: + +At a late meeting of the Bar of the Court of Appeals at Lewisburg, +assembled for the purpose of giving expression to the feelings +occasioned by your retiring from the office of President of that Court, +I had the honor to act as Chairman, and to be instructed by the meeting, +with perfect unanimity, to communicate to you their sentiments of +sincere regret and most kind and respectful regard. We know from +observation the great responsibility, the arduous labor and high +qualifications required by the eminent station which you have so long +and so ably filled. The talent, the learning and research displayed in +your judicial opinions are known to the country at large. But none can +know and appreciate, so well as the officers of your Court, the spirit +in which your duties have been most promptly and unremittingly +discharged. Your untiring application, unaffected zeal and exemplary +fidelity, have won our humble applause; but our hearts have been touched +by your uniform gentleness, kindness and courtesy of deportment, as well +in the hall of justice as in the private circle; and you take with you +our regrets, not merely for the loss of the public officer, but of the +delightful companion and friend. I have thus endeavored, though +imperfectly, to express the sentiments of our public meeting, to which +let me add the assurances of my + + Great respect and regard, + JOHN H. PEYTON. +Lewisburg, August 1, 1841. + + + NOMINATED FOR JUDGE TUCKER'S JUDGESHIP. + +There seems never to have been a time that people did not wish Mr. +Peyton on the bench, and immediately after Judge Tucker's resignation, +they began to nominate him, through the papers, for the vacant +judgeship. He quickly put a stop to it, however, by declaring his entire +unwillingness to take the office, not that he did not consider it an +honor, but because at his then age, he was not willing to enter upon its +onerous duties. We regret that among the beautiful tributes paid to him +at this time, in the Richmond papers, we have not been able to get any +other than that which follows. + + + JOHN H. PEYTON FOR THE COURT OF APPEALS. + +_Sir_: + +It will doubtless be incumbent on the next Legislature to elect a Judge +of the Court of Appeals (to fill the vacancy caused by the resignation +of Judge Henry St. George Tucker). This is the Supreme Court of the +State, whose decisions have the weight of law, and, therefore, it is of +the highest importance that a profound lawyer should be elected. I +propose for this place a man who has no superior as a sound reasoner, a +profound lawyer and thinker, a good logician and a persevering worker; a +man who possesses both genius and learning, I allude to that able, +dignified and learned Senator for Rockbridge and Augusta, JOHN HOWE +PEYTON, ESQ. For many years Mr. Peyton has practised in the Courts of +Common Law and Chancery, and in the Court of Appeals and no one has +acquired a higher reputation as a Jurist. If elected, his decisions will +command the respect of every able jurist and honest man in the State. + +It is not my wish to lessen the merits of others when I say Virginia has +no better man, no abler lawyer, + ALLEN. +August 12, 1841. + + * * * * * + +The following very interesting reminiscenses are taken from the +Spectator of 1891. They were written by one of the most intelligent and +cultivated gentlemen of Augusta, who is still, in 1894, living in the +county. He wrote under the signature of "Senex." The opening sentences +of Mr. Michie's speech constitute in themselves a splendid biography of +Mr. Peyton: + + + AN INTERESTING REMINISCENCE OF JOHN H. PEYTON AND THOMAS J. MICHIE. + +At the November term, 1843, of the Circuit Superior Court, Staunton, a +case which had excited great public interest, in which the late Hon. +John H. Peyton was one of the parties, was tried. It had reference to a +change in the Hebron Church road through Montgomery Hall, on the lands +of Mr. Peyton. Some time before a portion of the public road running +entirely through these lands was closed by order of the County Court +upon Mr. Peyton's motion, and another road established--the same road +now, in 1894, in use. The closing of the road gave great offense to a +neighborhood commonly called the North Mountain neighborhood. Upon +their petition at a subsequent term of the County Court the order +obtained by Mr. Peyton was, during his absence in the Senate at +Richmond, rescinded, thus re-establishing the road which had been closed +at his instance. From this decision Mr. Peyton shortly afterwards +appealed to the Circuit Court, then the appellate tribunal in such +cases. Before the case came on for trial there was an excited +controversy in the newspaper in regard to the whole matter in which it +was freely charged that the order of Court obtained by Mr. Peyton was in +the nature of a purchase and sale of the public rights in the road. When +the case came up for argument before Lucas B. Thompson, the excitement +among the friends of the parties was intense, the Court house was +crowded to overflowing, principally by the people of the North Mountain +neighborhood. + +For Mr. Peyton two of the most prominent members of the Staunton bar +appeared, Thomas J. Michie and Hugh W. Sheffey; the other side was +represented by A. H. H. Stuart and David Fultz. + +The opening argument for Mr. Peyton was delivered by Mr. Sheffey, the +junior counsel. He made a strong legal argument, closely following the +record and confining himself strictly to the merits of the case. He was +followed by Messrs. Stuart and Fultz, who maintained the very remarkable +proposition that the order of the County Court obtained by Mr. Peyton +was an invasion and violation of the public rights, which could be +redressed in no other way than by annulling that order at a subsequent +term of the County Court as had actually been done, and unless this last +proceeding could be sustained, they contended that their clients would +be the victims of a wrong for which they would be absolutely without +remedy. In some of their remarks they were understood by Mr. Michie to +assail Mr. Peyton personally. The Court adjourned until the next +morning, when the excitement was greater and the crowd larger. + +In the opening of his remarks the next day, Mr. Michie, who was +evidently much excited, said: _"I regret the course which the counsel on +the other side have pursued in going out of the record to assail my +client--a man who has served his country with distinguished ability in +various civil positions in time of peace, who has honorably and +gallantly served and sacrificed his property for his country in time of +war--a man whose honor and integrity have never been impeached in this +or any other community, before this or any other tribunal. And so help +me God, I will not suffer him, old, respected and honored as he is, to +be hunted down by the blood-hounds now on his track."_ At this point Mr. +Stuart jumped to his feet and disclaimed any intention to assail Mr. +Peyton, to which Mr. Michie retorted, "_I suppose the gentleman will not +have forgotten that he charged that the public rights had been bought +and sold._" Mr. Stuart insisted that he had made no attack on Mr. +Peyton. Mr. Michie then delivered a powerful and earnest speech in which +the position of his adversaries were literally pulverized. He declared +as to the North Mountain people that they had come to Staunton in crowds +and had attempted to brow-beat the halls of justice. + +Judge Thompson, in delivering his opinion on the case, decided that the +original order of the County Court obtained by Mr. Peyton was a valid +and legal order, and that the remedy which the other parties had, if, +indeed, the public convenience required that the old road should be kept +open, was to petition the Court under the general road law of Virginia +to open the road _de novo_--thus deciding the whole case in Mr. +Peyton's favor. Thus ended a controversy which had excited a degree of +feeling rarely exhibited in a case where so small a pecuniary, or +property interest was involved. + + + PROTECTS A WEAK MINDED GIRL. + +I remember Mr. Peyton's personal appearance and manners well. He made a +great impression on me as a youth and I never knew any man who had more +of what Edmund Burke styled the "chastity of honor, which felt a stain +like a wound." His humanity and sense of right were deeply aroused in a +case which occurred in Bath county in 1842, in which a man for +speculative purposes sought to take the person and property of a girl of +weak mind from the custody of her brothers. He was represented by John +W. Brockenbrough, afterwards United States Judge for Western Virginia. +Mr. Peyton appeared for the girl and her brothers and in opposition to +the proposition made by Brockenbrough's client delivered an impromptu +speech in which the mean, selfish, cruel and avaricious nature of the +proposition was so clearly and mercilessly exposed that Brockenbrough +did not even attempt to reply, and the presiding Judge E. S. Duncan, a +half-brother of Judge John J. Allen, dec'd, instantly decided that the +custody of the girl and her property should remain in the hands of her +brothers. It was evident that Mr. Peyton's high and generous nature was +filled with indignation at what he regarded as a most atrocious +proposition, and he spoke with an animation, warmth and energy, probably +never exceeded in any other effort of his long and distinguished +professional career. + SENEX. +_Spectator, 1891._ + + + LETTER FROM JOHN HOWE PEYTON, ESQ., TO THE + COMMITTEE OF THE AMHERST FESTIVAL. + + Staunton, October 8th, 1843. + +_Gentlemen_: + +Your letter of the 2nd instant inviting me on behalf of the Whigs of +Amherst county, to be present at a festival to be held at Amherst Court +house, on the 19th of the present month, for the promotion of the Whig +cause, has just reached me. I regret, that for reasons unnecessary to +detail, it will not be in my power to accept your polite invitation. You +judge rightly, however, in supposing that I cordially unite with you in +the objects which you have in view. The next Presidential election is a +subject so important and so deeply interesting to the nation, that it +cannot be taken into consideration too soon. The issues involved in it +are the same with those before the people in 1840, and affect so vitally +the public welfare, that too much care cannot be bestowed upon our +proper organization--not only to prevent the evils arising from +misrepresentation and falsehood, by disseminating among the people +correct information, but to secure a full and fair expression of the +public sentiment. If these issues are fully and fairly explained, +together with the mode and manner in which the Whigs have been +disappointed in carrying their measures into effect by the lamentable +death of President Harrison, I do not fear a different result in the +ensuing election from that which occurred in 1840. Our opponents have +not yet designated their candidate. We are as yet uninformed whether we +are to encounter the subtle abstractions of the South Carolina +nullifier, or the wiley artifices of the "Northern man with Southern +principles" or whether we are to face both. Not so with the Whigs. +Henry Clay is so identified with the Whig cause and with Whig +principles, that "all tongues speak of him, and the blear'd sights are +spectacled to see him." He is distinctly pointed at by Whigs, in all +parts of the Union, as the candidate for this distinguished station. + +Let Whig clubs then be established in every county in the State; let the +people be correctly informed what Whig principles are, and why the +battle of 1840 is to be fought over again; let the people know that the +Whigs are not only in favor of a sound currency but of a currency of +uniform value throughout the Union--a national currency, consisting +partly of the precious metals and partly of paper, convertible at +pleasure into specie; and that they maintain, that in the present +commercial condition of our country and of the world, this species of +currency can be best attained by a well-regulated national bank. Let +them know that we prefer indirect to direct taxation--that we are the +friends of a tariff, to raise the necessary revenues for the general +government--so arranged as to protect our home industry, and to create a +home market. Let them know that we are the friends to a distribution of +the monies arising from a sale of the public lands, according to some +equitable ratio, and that we are not willing that a fund pledged by the +States for specific objects, shall, after those objects are secured, be +diverted to others not contemplated by the parties at the creation of +the trust. Let them know that we, as our name indicates, are the friends +of rational liberty; that we are for preserving the balances of power as +established by the Constitution, among the three co-ordinate branches of +the Government--that we are the enemies of monarchy and all the +monarchical tendencies of our Government--that we are in favor of +restraining Executive power and patronage; and for an economical +administration of the finances. + +If these topics are fully discussed, and the people made clearly to +comprehend their bearing, the election of a Whig President in 1844, can +scarcely be questioned. + +You will pardon me for entering upon these subjects so much at large, +when addressing myself to those who are more capable of doing them +justice, and more interested in the issue than myself. I am an old man, +and cannot expect to reap many of the fruits of a Whig victory, but I +have a country and family that will enjoy them; and therefore I feel a +deep interest in their success. + +As I cannot be personally present, permit me to offer as a sentiment: + +_May a retreating Whig in the contest of 1844, be a character unknown +and unheard of._ + +Accept the assurances of my respect--Your fellow citizen. + + JOHN H. PEYTON. + _Spectator, Nov. 23, 1843._ + + + A DEPLORABLE ACCIDENT. + +During the summer of 1843, while Mr. and Mrs. Peyton and the entire +family were outing, on his Jackson river estate, called Isleham, or the +"upper farm," for he owned another estate lower down the Jackson river, +he accompanied, on horseback, a surveying party, engaged in locating or +rectifying certain lines. At many points on their route, the surface was +rough and hilly, and near the high banks of the river overgrown with +brush. While riding up one of these steep banks, through undergrowth and +brambles, his horse, a spirited animal, was beset by a swarm of bees. +The animal began to plunge and soon became unmanageable, and rushing +through the trees and brush, either dragged Mr. Peyton off or he was +thrown, falling heavily to the ground, stunned and helpless. It was +thought at the time that he was fatally injured, but after being removed +to the dwelling, he revived, after one of his tenants, Mr. Meadows, had +drawn from his arm a quantity of blood. Dr. Payne, of Covington, an old +friend and skillful physician, was by his bedside in less than two +hours, and through his care and attention, Mr. Peyton was enabled to +return to Montgomery Hall within a fortnight, and soon resumed his +ordinary life. It is supposed that this accident was the beginning of +the end, the commencement of his decline, that he never fully recovered +from his injuries, which affected the hips and spinal cord. The +following summer he was prostrated by an attack of apoplexy, but such +were the recuperative energies of his vigorous constitution, that he +recovered from it, and attended the next session of the Senate after +having made a visit to Col. Wm. M. Peyton, in Roanoke, where he was +extensively and elegantly entertained and where it is thought he may +have indulged imprudently--in his then state of health, in the luxuries +of the table. The writer was with him on this visit, and remembers well +the numerous and splendid dinner parties given him by General Edward +Watts, George B. Tayloe, Mr. Oliver, Mr. Bowyer, Mr. Preston, of +Greenfield, Mr. Langhorne, Mr. Burrell, Colonel Lewis, Dr. Griffith, Mr. +Johnston and others. + +His friends in the Senate, saw with pain and regret his declining +health, and Mr. Peyton himself realizing it determined to abandon all +public employment. Accordingly in the month of December, 1843, he +announced in the following letter his purpose to retire: + + + Richmond, Dec. 1843. + + TO THE PEOPLE OF AUGUSTA AND ROCKBRIDGE. + +_Fellow Citizens_: + +The term for which I was elected your senator is drawing to a close, and +as it is not my intention to become again a candidate for your +suffrages, I feel it a duty incumbent on me to apprize you of it thus +early, that you may have full time to select for yourselves a suitable +successor. + +In taking leave of the district I tender you my grateful +acknowledgements for the distinguished honor which you conferred upon me +four years ago by electing me to the station I now occupy. Whilst acting +in the discharge of the duties devolved upon me by this elevated trust, +it has been my anxious desire to promote your interests and the general +welfare of my native State. That such is the opinion of my constituents +I have not had the slightest reason to doubt. Under such circumstances +it would be both my pride and pleasure to again serve you were it not +for my peculiar situation. + +I have now arrived at a period of life when the quiet and repose of the +domestic fireside are much better suited to my tastes and more congenial +to my feelings than the arena of politics and the strife of parties. +Besides this I have duties to discharge to a young and growing family +incompatible with a longer continuance in public life. + +I have felt the less difficulty in coming to this conclusion because I +know I can do so without injury to the Whig cause or Whig principles, in +the success of which the people of my district feel so deep an interest. +Their intelligence furnishes ample assurance that my place will be +filled wisely and judiciously; and that they will call into their +service some one fully competent to the discharge of all the high duties +of the station, and who will devote himself to the furtherance of those +great principles and sound measures of public policy, which in the +enlightened judgment of my constituents, lie at the basis of national +prosperity. + + Your fellow citizen, + JOHN H. PEYTON, +Richmond, 1843. + + +There were universal expressions of regret on this occasion. The +Richmond Whig, edited by the distinguished and unfortunate, John Hamden +Pleasants, who was killed a few years later in a duel with Thomas +Ritchie, Jr., said: "The people of Rockbridge and Augusta and of the +State generally, will see, with regret, the announcement of Mr. Peyton's +purpose to retire from the public councils. Mr. Peyton came into the +Senate of Virginia three years ago, and his accession contributed +greatly to the object at that time much considered and desired by the +State, to elevate the greatly declined and declining standard and +character of that body for ability. The last spring elections have +started another retrogradation in the same way and we are greatly +concerned at any circumstance calculated to accelerate the down-hill +march. The withdrawal of Mr. Peyton's rare talents, large experience, +legal and general knowledge, moderation, firmness and courtesy, from any +legislative body whatever, would be seriously felt." + +_John S. Gallaher_, Senator from Frederick, said in the "Winchester +Republican": + +"Mr. Peyton has long been known to the public as a gentleman of great +ability and manly bearing, and his associates in the Senate will +sincerely regret a severance of the agreeable, social and business +relations so long and pleasantly subsisting between them and him. We are +happy to add for the information of Mr. Peyton's friends abroad, that +there is now a reasonable prospect of his restoration to some degree of +comfortable health. Such extracts from the papers of the day might be +indefinitely extended and every mail came loaded with private letters to +him of regret." + +After the publication of Mr. Peyton's letter, several announced +themselves as candidates for the Senate, among them John McCue and R. S. +Brooke, of Augusta and R. B. Barton, of Rockbridge. Considerable feeling +originated among the aspirants and the difficulties were adjusted in the +manner disclosed by the subjoined correspondence, which explains also +Mr. Peyton's continuance in public life. + + + LETTERS TO THE CANDIDATES, McCUE, BROOKE & BARTON. + + Lexington, April 17th, 1843. + +_Gentlemen_: + +You are fully aware of the difficulties which attend the Senatorial +canvass, from the circumstances that three Whigs are in the field, and +the consequent danger which may attend the Whig cause, and the Whig +representation of the Senatorial District, of Rockbridge and Augusta. + +Having the fullest confidence in your political principles, and being +well assured that either of you would ably and faithfully represent the +district, renders still more difficult the task of discriminating among +you. We, therefore, in order to secure a Whig representation, and in +order to enable the people assembled here to-day to solicit a +continuation of the able services of _John H. Peyton, Esq._, propose to +you this plan, that you all retire from the canvass in order that a +_call may be made on Mr. Peyton_, to offer his services. An immediate +answer is respectfully requested. + JOHN ALEXANDER. + JOHN RUFF. + WM. MOFFETT. + WM. C. LEWIS. + J. T. SHELTNER. + CHAS. P. DORMAN. + + + THE CANDIDATE'S REPLY. + + Lexington, Va., April 17th, 1843. + +_Gentlemen_: + +We cheerfully acquiesce in the plan proposed in your communication, and +retire from the canvass with the expectation that Mr. Peyton will +consent to become a candidate. + + Yours, &c., + R. S. BROOKE. + JOHN McCUE. + ROB'T R. BARTON. + + + Lexington, April 17th, 1843. + +_John H. Peyton, Esq._, + +Dear Sir: At the suggestion of our friends, and with the desire of +concentrating the vote of the Whig party of the District, we have +consented, as the most agreeable course to us all, and one which we +think will meet the approbation of our district, to decline the canvass +for the Senate, _provided you will consent to run_. + +We hope you will submit to the proposed sacrifice for the sake of union +in our party, and the promotion of the country's good. + +With great respect, your ob't servant, + ROB'T S. BROOKE. + JOHN McCUE. + ROB'T R. BARTON. + + + MR. PEYTON'S REPLY. + + Lexington, April 17th 1843. + +_Gentlemen_: + +Your note of the above date was handed me a few minutes ago by Mr. +Michie, stating that, at the suggestion of our friends, and with the +desire of concentrating the vote of the Whig party of this Senatorial +district, you had consented as the most agreeable course to all, and one +which you think will meet the approbation of the district, to decline +the canvass for the Senate, provided I will consent to become a +candidate. + +I feel greatly flattered by this testimonial of your confidence, and +though I had fondly hoped to spend the residue of my life at home upon +my farm; yet the object to be attained is so important, as disclosed in +your note, and as I have learned from other sources, I cannot refuse to +become again a candidate for a seat in the Senate of Virginia. + +You are at liberty therefore to announce me as such, in such manner as +you may think best. Business calls me out of the district, and will +detain me from it until the day of election in Augusta. + +I am with great respect, your ob't servant. + JOHN H. PEYTON. +To R. S. Brooke, John McCue, and R. R. Barton. + +Accordingly, at the election in May, he was chosen for a second term, of +four years, to the Senate, and while he was still absent from the +district attending to the private affairs of his estates, mills, &c. in +the counties of Alleghany and Monroe. + + + A BUNDLE OF MISCELLANEOUS LETTERS. + +The following letters are derived from the same source with those +previously given. They are not a selection from the bundle, but the +bundle itself. So little was the little bundle, we ventured not to make +that little less: + + + JOHN H. PEYTON TO HIS DAUGHTER, SUSAN MADISON PEYTON. + + Staunton, Friday, 13th April, 1837. + +_My Dear Susan_: + +Your mother has shown me your letter, in which you request that I shall +write you. Why is this request made after such a short separation? Do +you already feel the necessity of counsel? If so, it is at hand in your +two Aunts, with whom you should communicate freely and fully, and whose +opinions you should not only respect, but implicitly follow, certainly +as to all matters relating to etiquette, behavior and conduct. + +You are very young and inexperienced in the ways and wiles of the world, +and yet your size would indicate maturer years, hence strangers will +expect manners, conduct and conversation suited to your size and not +your years. Do not permit the buoyancy and vivacity of youth to betray +you into levity of manners. Be circumspect, be dignified, and be good +humored. The control of the temper is of the first importance to the +elevated standing of every woman. Learn to be cheerful, sociable and +agreeable. This you cannot be without controlling your temper. Be not +hasty to take offense, or captious, and recollect that though she that +will not resent an insult when offered, is a contemptible beast of +burden, yet she that is captious and ill-natured, and ready to take +offense at trifles, is a beast of prey. Half the difficulties and +disappointments and vexations we meet with in the world, had as well be +the subject of our amusement as our tears, and so far as it regards our +intercourse with the world, had a great deal better be the subject of +our amusement, for in general there is little sympathy felt for the woes +of others. In your conversation be careful that you speak grammatically +and avoid all rude or coarse expressions. The best way to acquire +colloquial power, so important to a well educated woman, is to listen to +those of your sex attentively, who are most remarkable for these gifts. +You thereby acquire correct pronunciation, good gestures, easy delivery, +and a knowledge of those topics of conversation that are most likely to +enable you to beguile an hour agreeably. + +Present me affectionately to your Aunts, and believe me to be, with +solicitude for your conduct and appearance and permanent happiness, + + Your affectionate father, + JOHN H. PEYTON. + + + JOHN H. PEYTON TO HIS WIFE. + + Richmond, Jan. 15th, 1840. + +_My Dear Wife_: + +Your affectionate letters, one written on the 5th, the other on the +11th, have been duly rec'd and read with delight. + +I presume that ere this reaches you, that Mr. Woodville will have +arrived and delivered to you those beautiful specimens of plate which I +forwarded to him, and which cost so much that it has greatly +straightened my pecuniary means--Mrs. Telfair's loan having been +invested in State stock. He will also have given you all the information +as to what has transpired since we parted. On yesterday I dined with +Judge Tucker, where I met, among others, Mrs. Wm. Moncure, and two +sons, of Stafford--old friends. In the evening, I attended, with Gerard +Stuart and Mr. Worthington, of Jefferson, a party at Anthony Robinson's, +but finding the company too youthful for my enjoyment, I returned and +was in bed before ten o'clock. To-day I dine with Mr. Patton (J. M.), on +tomorrow with Dr. Brockenbrough, so that you see that I have plenty of +good eating and drinking, but I really do not enjoy it. It gives me a +fullness in my blood vessels, and is such an inroad on my habits that I +would greatly prefer being at home. These sensual pleasures are not to +my taste, and in the future I shall avoid night parties. The business of +legislation, so far as the Senate is concerned, has hitherto been +anything but laborious. We meet at twelve o'clock, sit about an hour, +pass a turnpike bill, or some such frivolous bill, and then adjourn. + +This, however, will not be the case in the latter part of the session +when bills of more importance are sent to us. + +Who will be Senator or Governor is as yet altogether uncertain--numbers +are nominated for each station, of course, many must be disappointed. + + * * * * * + +The wound inflicted on Dr. Stribling and the death of the Rev. James C. +Wilson have filled me with grief. I do not think the Superintendent of +the Hospitals should permit the lunatics to carry arms and wander about +town. You know that I have more than once expressed apprehensions as to +our connection Towles.[15] + + [15] He was an inmate of the Asylum but allowed to go at large. + +I have not seen Anne Robertson since my return. I was invited to an +evening party at Judge Robertson's to-day, but declined. + +Many enquiries have been made by Susan's friends as to her reasons for +not coming down with me. Rumor assigns as the season that she is to be +married. I have contradicted it and asked Anne Robertson to do so. + +If Channing declines going to my Calf Pasture farm, I will rent it to +Crawford. If you see Crawford tell him so, and ask him to call on me +when I return. Tell Brown not to let slip this opportunity or he may not +hereafter be able to fill the ice house. Give my love to all and accept +the same, + + From your affectionate husband, + JOHN H. PEYTON. + + + JOHN H. PEYTON TO HIS WIFE. + + Charlottesville, Oct. 11th, 1840. + +_My Dear Wife_: + +I reached here on my return from Richmond, where I received your letter +of the 6th of October. The reports you have heard are true in part and +in part false. It is true I had my pockets picked as soon as I reached +Richmond, which was between 12 and 1 o'clock on Saturday, but it is not +true that I had so large a sum of money with me as rumored. I had only +$500 with me, which was stolen, together with my umbrella, tobacco bag, +pipe, etc. + +It occurred thus: My trunk was in the baggage car of the train, with my +overcoat and umbrella strapped on top. The cars were crowded to +overflowing, and on reaching Richmond the younger part commenced +cheering for "Old Tippecanoe and Tyler too." The station was surrounded +by an immense crowd when the train arrived, which cheered lustily by way +of welcome to us. About this time the Fredericksburg train arrived, +which increased the crowd, the noise and confusion. After leaving the +train, I pressed forward to secure my baggage. This I succeeded in doing +as to the trunk, which was, however, _minus_ the overcoat and umbrella, +and, placed it in charge of Tom Preston,[16] who was traveling with me. +I then returned to the cars in search of the lost articles, though it +was very difficult to get through the mass of human beings, and when in +the densest part of the crowd felt a man pushing me forward from behind +and one in front pressing me back. The one in front interfered with my +progress so much that I seized him with both hands and dashed him out of +the way, at the same time demanding what he meant by his conduct. He +apologized humbly, saying it was an accident due to the crowd. +Re-entering the cars I heard the conductor crying out "beware of +pickpockets." Upon which, feeling my pocket, I discovered that my purse +and pocket-book were gone. I have no doubt my pocket was robbed while I +was between the two scoundrels outside. Many others fared no better than +myself. Next morning a man was arrested while his hands were in a +gentleman's pocket. I visited this fellow in jail with Mr. Seymour, and +he was very much the size and appearance of the man I thrust out of my +way, but I could not identify him fully. He said he was an Englishman +and had only been three months in America--was in Baltimore when Mr. +Webster came to Virginia, that Mr. W's fame in England was so great that +he felt a strong desire to hear him speak, and came on to Richmond for +that purpose; that he had no acquaintances in Richmond nor other +business there, and had brought no baggage. His extraordinary account +satisfied me that he was one of a gang of professional pickpockets from +abroad, who had come here to plunder during the excitement of our +Presidential election. I have no hope of recovering my money or any part +of it, which I much regret as I intended purchasing you a new carriage. +We must use the old one a little longer. + + [16] Thomas L. Preston, of Abingdon, and brother of Hon. Wm. C. Preston, + of South Carolina. + +Your sister Sarah arrived here the same day with myself. She looks grave +and depressed. The term of the court will be short, so that you may +expect my return soon. With love to Susan and the rest of the family, + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Richmond, January 8th, 1841. + +_My dear wife_: + +I send as presents to you and my daughter Mary, two of the most superb +cloaks that I have ever seen and such is the opinion of others who have +seen them. Yours is grave, elegant and becoming, Mary's is rich, +magnificent, dashing and unsurpassed for beauty, and is of the kind now +all the rage. She will look beautiful in it. + +I carried the old toddy spoon and the broken silver spoons to Mr. +Mitchell, and he agreed to let me have in exchange a half dozen silver +spoons. He has also agreed to let me have a dozen silver table spoons +and a dozen small spoons, and some forks, but I do not know what they +will cost. + +The Senate after altering the title of the bill for shortening the +sessions of the legislature, a bill to reduce the wages of the members +of the legislature was introduced and passed unanimously. + +Sarah Lewis and Miss Lewis have been visited by all my brother's family +and by the Governor and family, and perhaps others. + +I hope to send your cloaks by Mr. Valentine, who proposes to leave here +on Tuesday in the cars. I have them boxed and ready. They cost heavily, +as you will see from the bills in the box, viz: $58.93. Woodville is +here, and is with Judge Allen, Judge Baldwin, and myself every day. + +I purchased at auction to-day a Pier glass with a Marble top, to occupy +the place in front of the mirror in the drawing room, as you requested. +It is handsome, and the mirrors below the table I think will fit the +place precisely. + +The affectionate leave-taking we had on the morning we parted, sank +deeply into my heart, and I shall long recollect it. Present me +affectionately to my dear children and accept my sincerest regard. + + Your affectionate husband, + JOHN H, PEYTON. + +P. S. Gen'l Baldwin and myself are to visit Miss Deborah this evening. + PEYTON. + + + SAME TO SAME. + + Senate Chamber, March 15th, 1841. + +_My Dear Ann_: + +I shall leave here, if no accident occurs to prevent, on Thursday next, +on my return. I will stop in Charlottesville on Friday to confer with +Cochran on business matters, and expect to reach home on Saturday. I +regret to leave before the Senate adjourns, as this is a period of +interest as to our general legislation, but I have paired with Carter, +and I have an engagement at home which is imperative. I feel great +anxiety to see you and the dear little stranger who has never seen her +father. Would not Virginia be a good name for the child, as I was denied +the pleasure of seeing her earlier, in the service of the State. I +submit the matter, to you.[17] Farewell till we meet. Love to all. + + In haste, your affectionate husband, + JOHN H. PEYTON. + + [17] The child was named Virginia Frances, and is, in 1894, the widow of + Col. Joseph F. Kent, of Wytheville, Va., and the mother of three fine + children. + + + FROM JOHN H. PEYTON TO HIS SON, JOHN LEWIS PEYTON. + + Richmond, Dec. 29th, 1841. + +_My Dear John_: + +Your letter of the 23d of December is before me. It is true that I have +been unwell with a cold, but this has not confined me at any time to my +room, and I am now much better. As to your plans, it was not my wish or +intention that you should resume your studies until after the holidays. + +You entirely misunderstood my letter to your mother, if you suppose that +I am opposed to your continuing the study of Greek, Latin or French. In +my letter to your mother, I was contrasting the benefits to be derived +from a study of the languages, ancient and modern, with those to be +derived from the Mathematics, in which I gave a decided preference to +Mathematics. I did not intend that you should infer that I was opposed +to your acquiring the languages. So far from this, I have no idea that a +man can have any pretensions to the character of a scholar without a +knowledge of them as well Mathematics. It is my wish, therefore, that +you should devote yourself to these studies under the care and direction +of Mr. Waddell. If you have time to read at home, I wish you to peruse: +1st, Gillie's Greece; 2d, Rollins' Roman History; 3d, Gibbons' Decline +and Fall of the Roman Empire; 4th, Hume's History of England, and +postpone Philosophy and Chemistry for the present. At a later period, I +will give you a list of authors you should read, in the order in which +they should come, for it is true, as Locke says, to quote him as near as +I can from memory, "educations begins the gentleman, but reading, good +company, and reflection, must finish him." I may remark here, that in a +course of reading, you should pursue method, and in order to make +yourself familiar with the literature of a country and people, say our +mother country, England, you should confine yourself for a time to the +authors of a particular era, such as the Anglo-Saxon period; then the +Anglo-Norman period, which will bring you down to about 1350, when the +character styled Black-letter, or Old English, was used, and so on. You +will find a fund of historic lore in Hall's History of the Houses of +York and Lancaster, Hollingshead's Chronicles, Stowe's Chronicles, +Camden's Britannia, Lord Bacon's Henry VII., nearly all of which is in +my library. + +There is one thing, my son, that is indispensable now, and you will find +it equally so in all your undertakings through life--and is something in +which you are wanting, that is industry and a firm resolution to make +yourself master of every study or pursuit in which you engage. Have +unity of aim, perseverance, and you must succeed. Most of the miseries +and vices of mankind proceed from idleness and a wrong direction given +to their energies. I ardently desire your success and the progress you +make now will decide whether or not I shall be gratified or +disappointed. Address yourself anew to your books, and though from your +previous neglect and want of training, you may progress slower than you +would wish, and than some would do in your position, I know enough of +your parts to feel a perfect conviction that you can reach the goal as +certainly as the brightest of your youthful companions. A word more as +to your studies. While I consider a knowledge of the languages essential +to a gentleman, I regard mathematics as essential to a liberal +education, and as, indeed, the most important part of it, mathematics is +the perfection of reason, and its peculiar excellence consists in the +fact that its principles are demonstratable--especially is this the case +in geometry, the most general and important of the mathematical +sciences. Every proposition that it lays down is subjected to the most +accurate and rigid demonstration. Mathematics is, in fact, the only +science whose truths are clearly demonstrated, and whose results are +conceded by all rational beings. If you state a proposition in morals, +philosophy, in law, politics or religion, which you think correct, you +will find few of your listeners willing to acknowledge its truth. You +debate the question, but you have no means of deciding who is right. Not +so in mathematics. There demonstrations are so clear and conclusive that +all rational men yield to them. Hence it has been called the science of +certainty. By acquiring mathematics then you acquire a science that you +know to be founded upon correct reasoning, and when you are disputing a +point of law, politics, theology or morals, you will be enabled to +ascertain more certainly those arguments that lead to a correct +conclusion, and at the same time with the more ease to discover those +that are fallacious and sophistical. He who gives a portion of his time +and talents I have somewhere read, to the investigation of mathematical +truth, will come to see all other questions with a decided advantage +over his opponents. He will be in argument what the ancient Romans were +in the field; to them the day of battle was a day of comparative +recreation, because they were each accustomed to exercise with arms +much heavier than they fought with; and their reviews differed from a +real battle in two respects, they encountered more fatigue, but victory +was bloodless. Therefore determine to make yourself a mathematician, as +well as a linguist--a thorough scholar. The pursuits of knowledge lead +not only to happiness but to honor. "Length of days is in her right hand +and in her left are riches and honor." Even in the most trifling species +of knowledge, in those which can amuse only the passing hour, it is +honorable to excel--how much more so to excel in those different +branches of science, which are connected with the liberal professions of +life, and which tend so much to the dignity and well-being of humanity. +Such excellence raises the most obscure to esteem and attention, it +opens to the just ambition of youth, some of the most distinguished and +respected situations in society; and it places them there with the +consoling recollection, that it is by their own industry and labor, +under Providence, that they are alone indebted for them. + +Remember me to the family and such persons as may be visiting you. + + I am your affectionate father, + JOHN H. PEYTON. + + + JOHN H. PEYTON TO HIS WIFE. + + West Point, June 9th, 1841. + +_My Dear Ann_: + +I reached here without accident at 10 o'clock, the 7th inst., the day +appointed for the meeting of the Board, having traveled 400 miles +between Wednesday evening and Monday morning, including Sunday, on which +day I rested in New York. Consequently I saw none of our friends in +Richmond, Washington, Baltimore or Philadelphia. Nor did I call on any +in New York. On reaching here on Monday, I was glad to find my old +friend, Commodore Stewart, of the Navy, Miss Taggart, and Mr. and Mrs. +Hugh Campbell, of Philadelphia. They were all delighted to see me, but +greatly disappointed that I had not brought Susan. There is a large +crowd of ladies and gentlemen at the Point attending the examinations. +The Virginia cadets maintain their high character for talents and +character at the Academy, which gives me great pleasure. + +I have just received a letter from Rowze, pressing me to visit him in +Geneva. Whether I shall be able to do so is uncertain, as the +examinations will last at least a fortnight. I have not received a line +from any member of the family since I left. Pray write. Give my love to +all. In haste, + + Your affectionate husband, + JOHN H. PEYTON. + +P. S.--June 10th. I neglected to post the above. Commodore Stewart has +just offered to take John on his ship as his private secretary for a +cruise round the globe. I declined, as it would interfere with his +education and give him roving habits, which would probably alter the +whole course of his life. It was very kind, however, in Stewart, and I +thanked him heartily. + +J. H. P. + + + SAME TO SAME. + + Richmond, Dec. 13, 1841. + +_My Dear Ann_: + +Your welcome letter of blank date, but post-marked the 9th instant, was +duly received to-day, informing me that you were all well. On Monday +last I entered Ann at Mrs. McKenzee's to learn not only reading, +writing, arithmetic, and geography, but manners, dancing, &c. She stays +with my brother's family, goes to school with Julia A. Peyton, and is +apparently very contented, as I see her every other day. I have carried +her to see your cousin, Mrs. John Robertson, and Miss Deborah, both of +whom received her and treated her affectionately, as if she had been +their own daughter. She is to go out on Saturday to Anthony Robinson's +to spend Saturday and Sunday. She has already written to you. + +Tell Susan that on this morning I breakfasted, by invitation, with Miss +Deborah Couch, where I met Miss Ann Robinson--that after breakfast Miss +Robinson went with me to the music store of Wm. Daniel, where I +purchased for Susan music to the amount of $3 or $4, embracing all the +most choice new songs, waltzes, &c., for the piano and some music for +the guitar. Mr. Daniel has promised me to have it bound, with her name +upon it, by Thursday evening. If this is done, I will send it up by +Points or Worthington Smith, who are here upon Lodge business, and who +expect to return on Friday next. We had heard before your letter reached +us, of the deplorable accident which befell Mayo Cabell. I hope and +trust that his life will be saved to his family. + +I am to dine to-day with Dr. Brockenbrough, and so must conclude, with +the sincerest good wishes for yourself and family. + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Richmond, Jan. 10th, 1842. + +_My Dear Ann_: + +On yesterday I bought you a Brussels carpet, which cost $220. It is a +handsome and most excellent carpet. Also a rug. It will be carefully +packed and left with Mr. T. R. Blair, to be forwarded to Staunton. The +cadets are here from Lexington, undergoing an examination before the +Legislature. Col. Smith is staying at Bernard's, (Gen. Peyton's.) I saw +Ann (his daughter) yesterday. She is greatly improved and is getting +over, in some degree, her timidity. She begins to dance very well. I +visited Dover[18] a fortnight since, and was greatly delighted with the +appearance of everything. + + [18] An estate of Gen. Bernard Peyton's on the upper James River. + +I explained to Mrs. Robertson your wishes as to a mantilla. She has +promised to go out with me the first good day I am at leisure, and +select one for you. Tell my good daughter Susan, that I have received +her letter and will give it prompt answer. Love to all. + + Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO MRS. PEYTON. + + Isleham, March 6th, 1844. + +_Dear Ann_: + +I arrived here in two days; the first night I staid at Blackburn's, the +second here, I have not been well since my arrival, but am better +to-day. Our nephew, Henry Massie, is with me, and has been good enough +to remain. Eugenia Gatewood is at Henry Massie's, and I feel inclined to +go over to see them all. Everything here is as I expected. So far, no +maple sugar has been made, owing to the mild weather, but they will +begin with it tomorrow, and I hope, to bring back at least, enough to +satisfy the children. + +I sent to Callaghan's on yesterday hoping to get a letter from James A. +Lewis in regard to my business in his hands on the Kanawha, but was +disappointed. + +Tell Leonora Stack that nothing has been heard of Mr. Edward White and +his family. If she has any intelligence of them let her advise me by +letter, addressed to the Warm Springs. Patrick Meddins is building me a +new stable. Richardson has not yet removed. + +In the division of his father's servants Reuben fell to Tom Massie, and +as he is married to one of my servants, I proposed to exchange Julius +for him. Thomas has not yet decided what he will do. + +I do not know when I shall return as I am anxious about my mills on the +lower farm and wish to meet Mr. White. + + My love to all. Your affectionate husband, + JOHN H. PEYTON. + + + SAME TO SAME. + + Richmond, January 16th, 1842. + +_My Dear Ann_: + +This will be handed you by Gilbert Guy, a servant of good character, who +will fill the departments at Montgomery Hall, formerly filled by George +Martin, and better. He is sober and obliging, a fair carpenter, wood +cutter, cradler, gardener and coachman. I wish you to employ him about +the house as "Jack of all trades." I think he will make himself very +useful, and I hope you will be pleased with him. He carries your fine +carpet in the boat to Scottsville, to be left with Matthew Blair, who +will forward it to Staunton, to the care of Benjamin Crawford. I have +never known times as hard as they now are, so you must bear with me for +the present as to other purchases. + +I am, with sincere affection for you and the children, your husband, + + JOHN H. PEYTON. + + + SAME TO SAME. + + Senate Chamber, March 23d, 1842. + +_My Dear Ann_: + +This is the day on which both houses had resolved to adjourn, but the +following bills have got to be passed by both houses: the tax bills, +appropriation bill, bank bill, and the James river and Kanawha bill. +Consequently we shall be forced to remain in session till Saturday. +Immediately after adjournment, Ann and myself will leave here. I have +purchased a velvet scarf for you, and another for Susan, at $23 each. + +William is here, but will soon return to Roanoke by way of Lynchburg, +not Staunton. I hope he will bring his family to see us in the summer. +He promises to do so. + +Give my love to Susan, John and the rest of the children, and accept for +yourself the assurance of my sincere and devoted attachment. + + Your husband, + JOHN H. PEYTON. + + + SAME TO JOHN LEWIS PEYTON AT THE UNIVERSITY OF VA. + + Staunton, Dec. 29, 1842. + +_My Dear Son_: + +Mr. Kinney has promised to deliver you this letter. Inform me, after +enquiry of the Proctor, what sum I must deposit for the next half term. +Write so that I may get your letter a few days before leaving home for +Richmond. The young Mr. Peyton, who has just entered the University,[19] +is a son of Mr. Townsend Dade Peyton, formerly of Loudoun county, Va., +then of Frederick, who emigrated to Ohio, and a son of Col. Francis +Peyton, of Revolutionary fame. His grandmother was a Miss Dade and a +sister of my grandmother on the mother side. He is, therefore, on both +the paternal and maternal sides a blood relative of yours. I hope he is +a worthy, studious young man and that you may become friends. Be kind +and attentive to him and encourage him. I would like to know and to have +him at my house. Invite him to spend the entire vacation with you here, +and at Jackson river and at William's in Roanoke. + + In haste, your affectionate father, + JOHN H. PEYTON. + + [19] Robert Ludwell Yates Peyton, afterwards a distinguished lawyer + State Senator of Missouri, a Colonel in the Confederate army and Senator + for the State of Missouri in the Senate of the Confederate States of + America. He died from disease contracted before Vicksburg, Miss. + + + JOHN H. PEYTON TO HIS DAUGHTERS, ANN AND MARY PEYTON. + +This letter was written a year after Mr. Peyton was paralyzed and when +he was obliged to employ an amanuensis. + + Montgomery Hall, Nov. 30th, 1846. + +_My Dear children_: + +I had the pleasure to receive Ann's letter this evening and was so much +pleased with it that I determined to answer it by the post of tomorrow. +Ann's letter is characterized by a good style and evinces much warmth of +heart. It shows that the pains I have taken with the education of my +children has not been bestowed in vain. + +I was glad to hear that your aunt Lynn, had treated you with the utmost +affection and kindness, and surprised that you have found any difficulty +in returning your visits. What has become of Cochran's fine carriage and +horses? Had I supposed you would have had any trouble in getting about I +should have ordered my horses and carriage to remain in Charlottesville +during your visit. Tell Cochran he must provide a way for you to return +your visits in the town and at the University. You speak in your letter +regretfully of your short stay, but it can't be helped owing to the late +period of the year. I am apprehensive of a change in the weather and +wish you to return. But an accidental circumstance will prolong your +visit for a few days. It is this. John Baldwin[20] goes to +Charlottesville tomorrow week to attend court. He will remain only two +days and will take charge of you and fetch you back in the stage coach. + + [20] The late distinguished Col. John B. Baldwin, who married Mr. + Peyton's eldest daughter Susan. Col. Baldwin was Colonel of the 52nd + Regiment during the Civil war and member of the Confederate Congress, + and was a man of eminent ability. + +My health is very much what it was when you left. I received a present +yesterday of a saddle of venison weighing 40 pounds from Mr. Callaghan. +I intended having it cooked to-day and wish you were here to partake of +it. + +A young gentleman by the name of Holcombe, from Lynchburg, who brought +John a letter of introduction from Mr. Charles L. Mosby, will dine with +us.[21] + + [21] NOTE.--Wm. H. Holcombe, physician and Swedenborgian + writer--a brother of James P. Holcombe--and the author of "Our Children + in Heaven," "The other life," etc., etc. + +Why has Mary not written me? + +Remember me to Cochran, Lynn and the children and to Louisa Coleman. + + I am, your affectionate father, + JOHN H. PEYTON. + +To this letter the following P. S. is appended: + +_My Dear Sisters_: + +As father was too feeble to write you a longer letter, he requested me +to add a few lines in order to give you the Staunton news. I proceed to +do so briefly and hurriedly. Since you left, the town has been more +lively than usual. One of the excitements has been a flock of wild +pigeons--millions of them--which rested 24 hours in the neighborhood, +and afforded the sportsmen rare fun. Thousands have been killed, and as +much powder and shot used as if we had been repelling a Mexican +invasion. + +Another stir has been caused by the Governor's proclamation calling for +troops for the Mexican war. Nearly everybody wants to go, only a few can +be accepted, as Virginia is permitted to furnish only two regiments. The +early bird catches the worm, and V. E. Geiger and Wm. Harman have gone +to work actively to recruit a company. Thirty have already volunteered +to go with them, and the two militia regiments of the county will be +mustered in a few days, at their usual training grounds, that these +gallant young men may speak and thus fill the ranks of their company at +once. Though it is not necessary, speeches will be made at the big +musters to the regiments [we can't do anything in our country without +speaking] by Mr. Michie, Judge Thompson, Geiger, Harman, Harper, and +others. It is believed that hundreds more than are needed will +volunteer. Baldwin's company declined to volunteer as a company. Harper +is to command the new company, at least the command will be tendered to +him, as it is said he is anxious to go to Mexico. His health is very +bad, and he thinks service in Mexico will do him good, besides he is +full of fight. + +Another excitement was a fire in Long's grocery, near the Virginia +Hotel. It was soon put out by the crowd, which quickly assembled after +the alarm. As I was returning from the fire, I met the engines, followed +by a hilarious crowd, crying out, at the top of their voices, as if they +were celebrating a political victory. + +But to come nearer home. Notwithstanding my father's crippled and +prostrate physical condition, he is, as ever, bent on hospitality, and +we give a dinner party next Wednesday. Invitations have already been +sent out and accepted by Judge Thompson and family, Mr. and Mrs. Michie, +Mr. and Mrs. Castleman, Mrs. Judge Baldwin, Mr. McElroy, Baldwin and +Susan, Emma Terrill, Holcombe, John Dabney, Rosa Boys, and others. + +Holcombe is a clever young man from Lynchburg attending law lectures, +said to be worth capturing, so come back and let us see which of you +three can bag the game. + +We have been visited by the _Harmonicons_, of Boston, whose performances +have been very successful. One would hardly suppose the peculiarities of +the negro dialect and character could be so accurately reproduced by a +company from the "Hub." All the town ladies attended, among them, +somewhat to my surprise, Rosa Boys and Susan Baldwin. + +When Dabney called yesterday and asked when _Mary_ was coming back--I +lashed him into a silent fury and enjoyed the fun, by saying you might +be absent six weeks or two months. He smoked five pipes in gloomy +abstraction, and then left, apparently considerably "cut up," that is +to say, in the dumps. + +Sue Tapscott and Mary Eskridge are at Stuarts still. No news of Add., +but I saw Kate and Martha yesterday for the first time since you left. +Hendren has taken a law office in the old frame building on Augusta +street formerly occupied by the Deaf and Dumb pupils. Charles H. +Lewis[22] has become the owner and editor of a newspaper published in +Martinsburg and will soon leave here to make that town his permanent +home. It is to be hoped that he will now give up poetry and enter on +practical life. Poetry is too unprofitable for a man working for his +daily bread. He will be much missed in Staunton, especially by the nest +of singing birds of which he has always been a warbler of the first +feather. + + [22] NOTE.--During the administration of President Grant + appointed Minister Resident to Portugal. + +John Harman has returned from Texas and tells many strange stories of +the rangers and life on the border. + +Cousin John R. Green has just written, giving us news of our Kentucky +kin, who are generally _in status quo_. He says Bat is leading an idle +life there, is, indeed, so lazy that he can't make love to his +sweetheart, who, though she prefers Bat to other lovers, is about to +accept the offer of another suitor, despairing of Bat's ever getting +enough energy to propose! I have heard of lazy men before, but never one +who filled this description. + +I received a letter from B. Gallagher on yesterday. He will make us a +visit within a few weeks. Lieut. Getty[23] has removed his recruiting +quarters to Lynchburg. I am sorry for it, as I have none of the +ridiculous prejudices of some for West-Pointers, and like Getty very +much. He is a sensible, well mannered, highly educated and +companionable man and officer. It is said he is engaged to be married to +Miss Elizabeth Stevenson. I have just complied, in a way, with father's +request. + + [23] Afterwards Gen. Geo. W. Getty, U. S. A. + +I have only room to say good-bye. With love to Uncle and Aunt Lynn and +all, including, if the word is permissible, Miss Lou Coleman, + + I am your affectionate brother, + J. LEWIS PEYTON. + + + JOHN H. PEYTON TO HIS DAUGHTERS, ANN AND MARY. + + Montgomery Hall, Dec. 9th, 1846. + +_My Dear Children_: + +On consideration I have determined to send Ned and the carriage to +Charlottesville for you. You can return in it more comfortably than in +the stage coach. I leave it to you to decide whether you will make the +journey back in one or take two days for it. If the weather continues +dry and the roads are as good as to-day it will be advisable to make the +journey in one day. It is difficult to count on more than three bright, +dry days at this season. As you return call for a few minutes on my old +friends, the Bowens. I am apprehensive that if you remain longer, though +I well know the hospitality and kindness of your uncle and aunt, that +you will make them _twice glad_--a thing I have never done, and I hope +never will. + +Present me kindly to Cochran and Lynn. I am glad they have been so kind +and do not think Lynn ought, in the condition of her health, to give you +the party she speaks of. Remember me to Lou Coleman and tell her to +return with you in the carriage. Baldwin will take charge of her and +your trunks and fetch them back in the stage coach. I have supplied Ned +with money for his journey to and fro, for tolls, feed, &c. + + Your affectionate father, + JOHN H. PEYTON. + + + JOHN L. PEYTON TO HIS MOTHER. + + Baltimore, 1848. + +_My Dear Mother_: + +I reached here to-day on my return from the west, but am so much +fatigued by a continuous journey of 800 miles that I have decided to lay +over Saturday and Sunday for rest and recuperation. It will give me an +opportunity also to see the Hulls, Howards, Williams and other friends. +On Tuesday morning I expect to reach Staunton and will be glad to find +the carriage at the Virginia Hotel to take me home. Tell Sheets to send +my riding horse to Gregory, and have him shod all round. I write in +great haste and will defer any account of my travels until I get back. I +will tell you of the new scenes, the strange people and all the keen +excitement consequent upon my wanderings. + +Thank Lizzie for her letter which I received at Niagara, also Gallagher, +for his received at the same place. He says you have had nothing but +rain since he reached Montgomery Hall. I am glad he hasn't had a dry +time and presume from the spirits in which he writes that his suit is +likely to end in success. What says Mary. + +I met my cousin, Dr. James McDowell, son of Governor McDowell, of +Lexington, and his western wife, _nee_ Bent, of St. Louis, in Buffalo, +N. Y. He was recently married and from the way he wined and dined (on +Champagne, etc.,) I presume he is on his bridal tour with a pocket full +of money. His wife is an amiable and sensible woman, is not pretty, but +inherited four hundred thousand dollars. This will cover over a +multitude of small deficiencies if she should have any, besides plain +looks. They urged me to go down the St. Lawrence with them, but the +scenery of the 1000 Islands would hardly compensate a third party for +the boring society of a newly married pair. I therefore withstood all +their importunities, and they were so earnest that I began to think they +were tired of each other. + +With much love to all the family, believe me my dear mother, your +dutiful and affectionate son, + J. LEWIS PEYTON. + +P. S. If I should not arrive on Tuesday send Gilbert in with the +carriage, from day to day, until I do reach Staunton. I expect, however, +certainly to get back on Tuesday. + J. L. P. + + + FROM WM. MADISON PEYTON TO MRS. JOHN H. PEYTON. + + Philadelphia, June 20th, 1847. + +_My Dear Cousin_: + +I arrived in this place a few hours since and finding from consultation +with my children, that our respective purses are so nearly exhausted as +to make it necessary that we should husband what remains and take the +straight _chute_ for home. I have determined to confide the articles +purchased for you to the care of Lawyer Davidson, of Lexington. Both the +children and myself regret exceedingly our disappointment in the visit +to Staunton, but their and my unexpected long absence from home, and +the extreme anxiety of my wife for our return, leaves us no alternative. +We must select some more appropriate occasion and pay you a special +visit from Elmwood. I have ransacked the whole country for teachers +without success. The young lady recommended by Dr. Nandain, was engaged +by Wyndham Robertson before I reached here. None others unite the +qualifications specified in your memorandum, without requiring a salary +greatly beyond your limit. I have, however, set a good deal of machinery +to work, which will in a short time put me in possession of a great deal +of information on this subject, and enable me to provide you with a good +teacher, at a reasonable price. My children are improving very much +where they are at present, and I regret exceedingly the necessity of +their removal. Sally, (his daughter,) has employed a Dolce Cantati, a +Dolce Digetati, a Danseuse, a chirographist and a "_parlez vous +Francais_" professor--that is, a singing mistress, a pianist, a dancing +mistress, a teacher of penmanship and a teacher of the French +language,--with her fine _he_ and _she_ professors, she enjoyed the +greatest advantages, fullest opportunities for information in the +branches taught by them, and I think she has shown a most commendable +disposition to profit by them. She goes to work as if she expected to +make her living by teaching. + +Susan[24] is so absorbed with religion that I think she heeds little +except a professor of Theology in the form of an antiquated spinster, +who daily mounts the tripod, and delivers her oracles to Susan and other +anxious and enquiring spirits. Susan, however, is "a gem of purest ray +serene," and promises to be to her parents a source of just pride and +heartfelt gratulation. I like her religious temper, but would be pained +to see her run wild with her youthful fervor and disfigure by +fanaticism, what would otherwise be so beautiful. + + [24] Col. Peyton's eldest daughter, afterwards Mrs. Jos. H. White. + +I have purchased for my sisters, Ann, Mary and Lucy, three of the finest +and prettiest breastpins to be found in the Northern cities, and such as +are in vogue at present. They are jewels for a lifetime, being of the +finest and best workmanship. I also send them a pencil and gold pen +each. I will add to this my daguerreotype for my sister Susan, who +honored me by requesting it. To you, I send your granddaughters grouped +with their father. Susan is reading her favorite book, the Bible, to her +attentive father and affectionate sister. The likeness of Sue is +perfect. Sally's doesn't do her justice. Mine looks like an Othello. +Give my love to all the family, and accept for yourself the love of +yours. + + Truly and affectionately, + W. M. PEYTON. + + * * * * * + +On the 3d of April, 1847, John H. Peyton died at Montgomery Hall in his +69th year, and it has been truly said that there was no one in his +public and private relations who was more honored and beloved by those +who knew him best. Among the numerous letters received on this occasion +is the following. It alone has been preserved. It is from his brother, +Col. Rowze Peyton, of Geneva, N. Y., to Col. John B. Baldwin: + + Geneva, N. Y., April 15th, 1847. + +_My Dear Sir_: + +The receipt of your letter conveying the melancholy intelligence of the +death of my much loved brother shocked me indescribably, notwithstanding +his long illness and the helpless condition he was in when I left twelve +months ago. I then hoped he might be spared a few years, as, if not +actively useful to himself, he could be, by his advice, exceedingly so +to his young and promising family. He was a most noble and generous man, +a true man in every sense, and in heart and mind a great and good man, +to whom I was ardently attached, and the thought that I shall never see +him again in this world, causes a sorrow and sadness which may be +imagined, but cannot be described. I sympathize, from the bottom of my +heart with his dear wife and children. It is a terrible loss to them, +and I pray they may have strength to bear it with Christian fortitude, +knowing that it is the fiat of the Sovereign Ruler of the Universe, who +disposes of us as he will, and to whose will we should bow with humble +submission. That this melancholy event may be sanctified to the +salvation of each individual member of his family, and all connected +with them, is the earnest prayer of, dear Baldwin, + + Your sincere friend, + R. PEYTON. + + +MR. PEYTON'S RESIGNATION OF OFFICE OF ATTORNEY FOR THE COMMONWEALTH. + +In our last paper, the appointment of Thomas J. Michie, Esq. to the +office of Commonwealth's Attorney for Augusta county, in the place of +John H. Peyton, Esq., resigned, was announced. We now learn from a +friend (having been absent from town at the time,) that upon returning +into the hands of the court the office which he had so long and so ably +and faithfully filled, _Mr. Peyton_ delivered a short but pertinent and +touching valedictory. He said it was just thirty-two years since he had +been honored by the court with the appointment, that in casting his +eyes along the bench, he recognized but a single magistrate[25] who was +present on that occasion. He saw the sons, however, the relatives and +friends of his former friends; and that alike from the fathers and the +sons, he had received tokens of confidence which had greatly gratified +him in the discharge of his duties during this long lapse of years. His +great purpose had always been to protect the rights of the Commonwealth, +and perform faithfully the duties of an officer of the court; and he +thanked the court for their forbearance when he had erred, and for their +uniform courtesy and kindness and the confidence they had ever shown +him. + + [25] L. Waddell, Sr. + +When _Mr. Peyton_ concluded his remarks so inadequately reported, +_Lyttleton Waddell, Esq._, a member of the court, presented the +following minute, which was adopted by a unanimous vote, and ordered to +be spread upon the records: + + "AUGUSTA COUNTY COURT, } + 1st day of June term, 1844. } + +"_John H. Peyton, Esquire_, who has acted as Commonwealth's Attorney in +this county for thirty-two years, having on this day resigned the said +office, the Justices of the county, in full session at their June term, +do, with unanimous consent, express their high sense of Mr. Peyton's +long and valuable services. They add a willing testimony to the +distinguished ability, fidelity and zeal, with which he has guarded the +interests of the Commonwealth within the limits of the county--to his +impartiality, prudence, and firmness as a public prosecutor, and to the +commendable courtesy which has marked his intercourse with the Court, as +becoming a public officer and a representative of the Commonwealth. And +it is the will of the Court that this testimonial, as an additional +tribute of respect, be spread upon the records." + +_Spectator, July 4, 1844._ + +Immediately after his resignation, the County Court, as the only honor +yet in their power to confer, elected him a member of their body, and on +several occasions, before his death, he presided in the Court where he +had so long practiced. + +Mr. Peyton was a member of the committee, appointed in 1843, to prepare +an address to the people of Virginia, and aided in the preparation of +that able and interesting document, but as it covers over fifty pages +and may be found in the newspapers of the day, it is not necessary to +insert it here, in order to make clear what were his political opinions. +The committee was composed of B. W. Leigh, Robert W. Carter, James R. +Hubbard, Chas. J. Faulkner, Wyndham Robertson, Chapman Johnson, and John +H. Peyton, and was said to have united more talent than any similar body +ever raised in Virginia. + + + SKETCH OF JOHN HOWE PEYTON, + + BY + + COL. JOHN T. L. PRESTON, A. M., OF YALE, PROFESSOR OF + MODERN LANGUAGES &c., IN THE V. M. INSTITUTE. + +The late John H. Peyton, Esq., of Staunton, Va., was one of the finest +specimens that we have ever known of the complete lawyer. During the +prime of his life he pursued the profession with a laborious assiduity +rarely equalled, and though as age advanced upon him he remitted his +efforts, he did not discontinue his practice until a short time before +his death, [he took no new cases after his 60th year]. None of his +contemporaries secured a more ample reward in either reputation or +pecuniary emolument. + +We have spoken of Mr. Peyton as a complete lawyer. Law as a practical +profession, has several departments, and it is not unusual to see a +lawyer distinguished in some of them, with a compensating deficiency in +others. Some practitioners are successful collectors; some are much +esteemed as judicious advisers in matters not strictly legal; some are +designated good judges of law, or, in other words, safe counselors, and +with some the _forte_ is, Common law practice, while others are +distinguished as Chancery lawyers. The organization of the courts in +Virginia, and the nature of the business, at least in the interior, +requires every lawyer to enter upon the whole of this miscellaneous +practice; and it is not to be wondered at, that some, even good lawyers, +are not equally strong in every part. Mr. Peyton knew every part of his +profession thoroughly. He had studied diligently as a student, and had +known the expectant struggles of the young practitioner; he had +practised under the old system before the reorganization of the +judiciary, and afterwards under the new; he had met in contest the +strongest men in each department of the profession, and he had made +himself a champion in all. We may add that some lawyers who exhibit the +highest skill in securing the rights of their clients, are foolishly +ignorant of their own; in other words they let slip the fair, +well-earned profits of their profession. Not so with Mr. Peyton. He knew +the value of his professional services, he gave them to the fullest +extent to those who applied for them, and then he insisted upon just +remuneration. We notice this point, not at random, but to present a +feature belonging to the character of the complete lawyer. + +The characteristic of Mr. Peyton's life was efficiency. This efficiency +had for its elements native vigor of intellect, great resolution of +character and courageous self-confidence, ample and thorough +acquirements and the quickness, precision and dexterity of action that +belong only to those who have been taught by a varied experience to +understand thoroughly human nature. In conversation, Mr. Peyton was +ready, entertaining and instructive. But conversation was not his +_forte_, though he was fond of it. He was not fluent. His manner was +sometimes too direct for the highest style of polished social +intercourse of a general nature, and besides he had a remarkable way of +indulging in a strain of satirical banter, when his words would be so +much at variance with the expression of his countenance, and +particularly with the expression of his mouth, that the hearer was often +in an uncomfortable state of uncertainty how to take him. His person was +large and his bearing dignified, but not graceful. His manner was +unaffected, but not without formality, nor was it perfectly +conciliatory. Some styled him aristocratic, while none could deny that +his self-respect and confident energy gave an imperious cast to his +demeanor. We have oftener than once thought applicable to him, in a +general way, those lines of Terence, + + "Ellum, confidens, catus, +Cum faciem videas, videtur esse quantivis preti, +Tristis severitas inest in voltu, atque in verbis fides." + +His voice was true and clear, and capable of sufficient variety, but +without a single musical intonation, and a little sharper than you would +expect to hear from a man of his size and form. If it is asked what is +the style of his speaking, it may be replied, just what might be +expected to belong to such a man as he has been described, that is to +say, never was the speaker a more complete reflection of the man than in +his case. We cannot believe that any one who knew him was ever surprised +when they heard him speak; what he said was just what they could expect +him to say. This is often the case with speakers and writers, but not +always. Energy, reality, and efficiency were his characteristics as a +man, and equally so as a speaker. Distinctness of conception lay at the +foundation of his excellence. Some great speakers, some even +pre-eminently great speakers, not unfrequently hurl unforged +thunderbolts. They feel the maddening impulse of the god, but give forth +their utterance before the true prophetic fury comes on. + +Mr. Peyton's mind was no sybils cave whence came forth wind-driven +leaves inscribed with mighty thoughts disposed by chance, but a spacious +castle, from whose wide open portal issued men at arms, orderly arrayed. +He had hardly opened his case when the hearer was aware that he had +thought over the whole of it, had given a course to pursue, and would +close when he came to the end of it. This distinctness of conception +comprehended the subject as a whole, and shed its light upon each detail +belonging to it. This insured the most perfect method in all that he +said. Before he began to speak he had determined in his own mind, not +only the order of the different parts of his discourse, but also their +relative importance in producing the general impression. Hence, he was +never led away by the tempting character of any peculiar topic, to +expatiate upon it unduly; he did not take up matter irrelevant to the +case because it might touch him personally; he never spoke for those +behind the bar, nor did he neglect to secure the fruits of victory in +order to pursue an adversary to utter discomfiture. He spoke as a +lawyer, he spoke for the verdict, and expected to gain it by showing +that he was entitled to it. Some speakers hope to accomplish their +object by single, or at least, successive impulses--now a clinching +argumentative question, now a burst of brilliant declamation, and now a +piece of keen wit, or a rough personality. Such speakers forget, or do +not know, that a jury may admire, may be diverted, and even moved, +without being won. He that gains the verdict must mould, and sway, and +lead, and this is to be effected by continued, persistent pressure, +rather than by _tours de force_. This Mr. Peyton knew well and observed +it with perfect self-command. His hearers came away satisfied with the +whole, rather than treasuring up remarkable points and passages. Let it +not be supposed, however, that he was a cold speaker, who treated men as +mere intellectual machines, to be set in motion by the pulleys, screws +and levers of logic, far from it; he understood human nature well, and +knew the motive power of the feelings; but then he knew, too, that the +way to excite the most effective sympathy is not to make a loud outcry, +but to make a forcible exhibition of real suffering--that the best way +to rouse our indignation against fraud, deceit or oppression, is not to +exhort us to hate it, but to show its hatefulness. One of his most +distinguished contemporaries upon the same circuit was celebrated for +his powers as a criminal advocate; his manner was obviously upon the +pathetic order, perhaps a trifle too declamatory. We have seen them in +the same cause, and have thought that if the eloquence of Gen. Briscoe +G. Baldwin flushed the countenance quicker, the earnestness of Mr. +Peyton stirred the heart deeper. Of the oratory of a class of speakers +by no means rare (not, however, including in his class the distinguished +jurist above alluded to,) it has been well said, "declamation roars +while passion sleeps," of speaking justly characterised by this line, +Mr. Peyton's was the precise reverse. With him thought became passionate +before the expression became glowing, as the wave swells before it +crests itself with foam. + +Mr. Peyton's language was forcible, pure and idiomatic. It served well +as the vehicle of his thoughts, but contributed nothing to them. There +is a real and legitimate advantage belonging to the masterly use of +words, of which many great speakers know how to avail themselves. Mr. +Peyton attempted nothing of the sort. His diction was thoroughly +English, with a marked preference for the Anglo Saxon branch of the +language, and his sentences came out in the most natural order with +unusual clearness and vigor, but not unfrequently with a plainness that +bordered upon homeliness. His style, however, was always that of +speaking, as distinguished from mere conversation--a distinction which +some of our modern speakers forgot, when in order to appear at their +ease, they treat, with no little disregard, not only the rules of +rhetoric, but the rules of grammar as well, and use words and phrases +which are (to take a word from the vocabulary which we are condemning) +nothing better than slang. On the contrary, there was in Mr. Peyton's +style the fruit of early studies and high-bred associations, a classical +tinge, extremely pleasant to the scholar, though not perhaps appreciable +by those for whom he generally spoke. It must not be supposed from what +has been said of his excellent method, that he resembled in this respect +some of our able, but greatly tedious lawyers, who take up, in regular +succession, every possible point in the case, however minute, and worry +us by officiously offering help where none is needed. So far from it, he +showed his consummate skill as well in what he omitted as in what he +handled, and, as a general thing, his speeches were shorter in +duration, and yet fuller of matter than those of his opponent. His use +of figurative language was easy and natural, and not stinted; but his +figures were always introduced as illustrations and not as arguments. It +is not unusual to meet with a speaker who is unable to enounce +distinctly the general principles he wishes to use, throw out an +illustration to enable himself to pick out the principle from it, or at +least to give his hearers a chance to do it for themselves; not so with +Mr. Peyton. He held up the torch of illustration, not to throw a light +forward to guide himself in his own investigations, but to enable those +following the more readily to tread the road along with him. He had a +very noticeable fondness for recurring to the primary fundamental +principles of morals, and doubtless he was restrained, by his practical +judiciousness, from indulging this disposition to the full. One of his +favorite books was Lord Bacon's essays, and under other circumstances he +might himself have been a distinguished moral essayist. + +As well may be supposed, his general vein was grave. The high idea he +entertained of the dignity of his profession, and the earnestness with +which he gave himself to it, alike precluded either levity or +carelessness. However, he was fully able, quite ready upon occasion, to +avail himself of a keen wit, that was all the more effective, because it +was dry and sarcastic. It occurs to us to mention an instance, well +known to his circuit, not illustrative of his severity, but of his +pleasantry, in a criminal prosecution. He, as prosecuting attorney, was +opposed by two gentlemen of ability, whose pathos had been so great as +to draw abundant tears from their own eyes. One of them, a gentleman who +has since filled a distinguished national position (Hon. A. H. H. +Stuart, Secretary of the Interior of the United States, 1850-53) was +noted for the facility with he could cover over his brilliant eloquence +with the liquid varnish of his tears. On this occasion he had been +singularly lachrymose, and supported by his colleague, General, +afterwards Judge Baldwin, in the same way, the sensation produced was +very considerable. Mr. Peyton commenced his reply by regretting the +disadvantage the Commonwealth labored under in being represented by him +who was a very poor hand at crying, and certainly was not able to cry +against two at a time. The ludicrousness of the expression completely +neutralized the pathos of his opponents. He was not averse either to a +bit of farce, now and then, as is shown by a story told of him. In a +remote part of the circuit a lawyer wished to adorn a moving passage of +a speech he was just rising to make, with an apposite example, and +applied to Mr. Peyton, sitting beside him, to help him to the name of +the man in the Bible who would have his pound of flesh. With +imperturbable gravity, he answered Absalom! The effect of thus +confounding Shakespeare and the Bible may be imagined. + +We have said that Mr. Peyton was thoroughly furnished in every part of +his profession; in one department his qualifications were peculiar and +unsurpassed. Without disparagement to others, it may be said, we think, +that he was the best Commonwealth's Attorney in the State of Virginia. +He was the lawyer of the Commonwealth, and he treated the Commonwealth +as a client, and he labored for her with the same industry, zeal and +fidelity that he manifested in behalf of any other client. The +oft-quoted merciful maxim of the common law, "better that ninety and +nine guilty men should escape than one innocent man suffer," he +interpreted as a caution to respect the rights of the innocent, and not +as an injunction to clear the guilty, and he labored to reduce the +percentage of rogues unwhipt of justice, as low as possible. With a +clearness and force rarely equaled would he point out the necessity of +punishing the guilty in order that the innocent might be safe, thus +exhibiting the absolute consistency of strict justice with true mercy. +So simply and earnestly would he do this, that he not only bound the +consciences of the jury, but also made them feel that they were +individually interested in the faithful execution of the laws. Here his +clear perception of the moral principles upon which rests the penal +code, and his fondness for recurring to general principles, stood him in +great stead. It was delightful to hear him expatiate upon this theme, +for upon no other was he more truly eloquent. + +Mr. Peyton served at different times in both branches of the +Legislature, but we speak not of him as a politician. Our purpose has +been solely to exhibit some of the qualities which made him an eminent +member and ornament of the legal profession. + + + SKETCH OF JOHN HOWE PEYTON, + + BY + + WILLIAM FRAZIER, A. M., OF YALE. + +"My personal acquaintance with Mr. Peyton," says Mr. Frazier in the +History of Augusta County, "commenced in October, 1824, when I entered +upon the practice of my profession at the Staunton bar. He was then, as +I learn from his biography, in his fifty-seventh year, and from that +circumstance only, it might be inferred he had passed his climatric. +Certainly nothing in his physical appearance or his forensic display +betokened a decay of power, bodily or mentally. + +"Yet having amassed a handsome fortune, he established himself in a +beautiful home, surrounded by a large and interesting family, and he +felt himself entitled to some relaxation from the arduous demands of his +profession--or at least from its drudgery. He, therefore, relegated to +the younger members of the bar all minor causes, in the matter of taking +depositions and the like vacation duties. But for ten years following +the date of my introduction to him, there was hardly an important or +celebrated cause tried at the Staunton bar, whether in the State Courts +or the United States Courts, without the aid and illumination of his +splendid intellect; whilst also in Albemarle, Rockbridge and Bath +counties, he largely participated in the like weighty causes. + +"In the Supreme Court of Appeals of Virginia, his reputation throughout +the State enlarged the theatre of his professional service much beyond +that of his local circuit. + +"I wish it were in my power to give a just and discriminating analysis of +his processes in the investigation and conduct of a great cause, or even +a fair description of his style of forensic argument. This much may be +safely said: that he seized, by apparent intuition, upon the strong and +dominating points in a case, not infrequently finding those, or some of +them, buried out of sight from a scrutiny less searching than his, +beneath a mass of irrelevant or conflicting testimony. + +"Having thus entrenched himself in one, or a few strong positions, his +array of the facts was so masterly, his presentation of them so +luminous, and his arguments from them so logical, that he rarely failed +to carry the tribunal with him safely and irresistibly to his +conclusions. Discarding thus the minor points and less material phases +of the cause from his examination and discussion, or dismissing them in +a few rapid, searching sentences, his debate was conspicuous for its +compactness and logical order. Accordingly, his speeches did not +ordinarily exceed one hour, and even in the most complex and voluminous +causes they rarely went beyond two hours. I can recall but one occasion +in which he consumed nearly three hours. His style was fluent, but not +of that fluency which comes of redundant words and phrases, for I have +never listened to one so terse and vigorous. I think it can be said +there was hardly a superfluous word, and every sentence bore upon the +conclusion aimed at. It was, therefore, never a weariness to hear this +great advocate, and the promiscuous audience followed his argument, his +sarcasm or his invective, with as much apparent interest as did court +and jury. + +"It has been written of him that he was equally versed and at home in +every department of the profession (unless admiralty and maritime law be +excepted) but I think it was as a common law lawyer that he excelled, +and that it was in the common law he found his chief delight. He was +perfectly conversant with the principles of the Feudal law and +immemorial usages of England as expounded by Littleton, Coke, Bacon, and +all the fathers and great interpreters of English jurisprudence. + +"Having come to the Bar while special pleading was yet a legal science +and carefully practiced system, and before popular and not too well +informed legislatures sought to 'simplify' the practice of the law by +Statutes of Jeofails, he was, without doubt, one of the most practiced +and expert special pleaders of his time. His naturally astute and +logical mind, finding its expression through the channels of a terse and +luminous style, caused his pleadings in all their stages to be master +pieces of art. + +"His fame as a prosecutor of the pleas of the Commonwealth has never been +surpassed, if equaled, in Virginia. On this field he achieved triumphs +of the most brilliant kind. His pride in his profession, and the great +principles of right and justice underlying it, no less his inborn +contempt for chicanery and fraud, not to speak of crime in its grosser +forms, combined to make him a terror to evil doers. Some critics, even +among the profession, sometimes were disposed to censure him as too +harsh and unrelenting towards the prisoner at the bar, but if every +circuit throughout our land possessed at this day so able, fearless and +conscientious a prosecutor as did the Augusta and the surrounding +circuit at that happier day in our history, perhaps we might find less +cause to deplore the depreciation of the public morals, which so +painfully invest the present era. + +"It would be a halting and very defective sketch of this eminent jurist +which failed to speak of his striking originality. Negatively speaking, +there were little or no common-place and hum-drum in his forensic +arguments, his debates in the Senate or his addresses from the hustings +to his constituents. In a positive sense, his speeches, at least on +great occasions, and when his powers were thoroughly roused, rarely +failed to be marked by some flash of genius. I recall a conversation +just after the close of a protracted and laborious term of the Augusta +Circuit Court, in which the late Judge Lucas P. Thompson and Gen. +Briscoe G. Baldwin bore the leading parts. The last named was paying +generous tribute to Mr. Peyton's force and originality. Judge Thompson +remarked, that he had never seen Mr. Peyton go through a cause, deeply +interesting and moving him, in which he did not utter some view or +sentiment illuminated by genius, or, at the least, some illustration +marked by a bold originality, and he instanced two causes, tried at the +late term, one a civil suit and a very heavy will case, in which he made +a novel and searching application of a familiar fable of AEsop. I forbear +to give its details, because both the critic and his subject have passed +from earth. + +"In the same cause, three signatures were to be identified and proved, +that of the testator and also of the two attesting witnesses, all three +having died since their attestation. Many witnesses were called to prove +the genuineness of the three names. Opposing counsel sought to badger +the witnesses, by urging them to specify what peculiar marks there were +in the handwriting and signatures, whereby they could speak positively +as to their identity and genuineness. This, of course, for the most part +they could not do, and in the argument of the cause before the jury, the +same counsel strove to throw discredit and contempt upon those witnesses +(all men of good character) for their failure and inability so to +describe the quality and the peculiar marks and the calligraphy of the +signers as to show they were familiar with their handwriting. In his +reply to those sallies of his opponents, Mr. Peyton swept away the whole +airy fabric by a single happy illustration: + +"'Gentlemen,' he said, 'you have often been assembled in crowds upon some +public or festive occasion. Your hats have been thrown pell-mell in a +mass with perhaps a hundred other hats, all having a general +resemblance. Suppose you had attempted to describe your hat to a friend +or servant, so that he might go and pick it out for you. It has as many +points, for description as a written signature--its color, height of +crown, width of band, lining, &c. Do you think that a friend or servant +could, by any possibility, have picked out your hat for you? And yet +when you went yourself, the moment your eye would light upon it, you +instantly recognize it among a hundred or five hundred hats. Familiarity +with it has stamped its picture on your mind, and the moment you see it, +the hat fills and fits the picture in your mind, as perfectly as the +same hat fits your head.' + +"The jury were evidently won, and gave full credence to the ridiculed +witnesses. + +"The other instance during the same term (cited by Judge Thompson,) +occurred in the celebrated prosecution of Naaman Roberts for forgery--in +forging the name of Col. Adam Dickinson to a bond for $600.00. + +"The body of the bond was confessedly the handwriting of the prisoner at +the bar. That was admitted. The signature was a tolerably successful +attempt at imitating the peculiar handwriting of Adam Dickinson. But no +expert could look at the whole paper and fail to see a general +resemblance between the body of the instrument and the signature, +raising a strong conviction in the mind that both proceeded from the +same hand. + +"The defense strongly insisted upon excluding the body of the instrument +from the view of the witness, by covering it with paper or turning it +down, and so confining the view to the signature only--upon the familiar +doctrine of the law of evidence forbidding a comparison of various +handwritings of the party as a ground for an opinion upon the identity, +or genuineness of the disputed writing. And this point was ably and +elaborately argued by the prisoner's counsel. + +"The learned prosecutor met it thus: + +"'Gentlemen, this is one entire instrument, not two or more brought into +comparison. Let me ask each one of you, when you meet your friend, or +when you meet a stranger, in seeking to identify him; what do you look +at? Not his nose, though that is the most prominent feature of the human +face; not at his mouth, his chin, his cheek; no, you look him straight +in the eye, so aptly called "the window of the soul," you look him in +the eye, but at the same time you see his whole face. Now put a mask on +that face, leaving only the eyes visible, as the learned counsel would +have you mask the face of this bond, leaving to your view only the fatal +signature. If that human face, so masked, was the face of your bosom +friend, could you for a moment identify him, even though permitted to +look in at those windows of his soul? No; he would be as strange to you +as this accursed bond has ever been strange to that worthy gentleman, +Col. Adam Dickinson, but a glance at whose face traces the guilty +authorship direct to the prisoner at the bar.' + +"This most striking illustration seemed to thrill the whole audience, as +it virtually carried the jury. + +"Mr. Peyton never was a politician. His taste and predilection lay not in +that direction. But no man was better informed of the course of public +affairs, or had a keener insight into the character or motives of public +men. Once, and so far as I knew, once only, did he participate in the +debates of a Presidential canvass. It was the memorable one of 1840, and +the speech was delivered from the Albemarle hustings. His analysis of +the political character of Martin Van Buren, and his delineation of his +public career from his desertion of DeWitt Clinton, down to his +obsequious ingratiation with Andrew Jackson, was incisive and masterly +and all the more powerful and impressive because pronounced in a +judicial rather than a partisan temper. Competent judges, long familiar +with the very able harangues and debates on that rostrum, declared it +one of the ablest that had been listened to by any Albemarle audience. + +"Of his services in the Virginia Senate, I need only say, what every one +would naturally expect, they were most valuable from their enlightened +conservatism in the prevention of crude and vicious legislation. In the +last session of his first term in the Senate, a vigorous effort was made +for the passage of a stay-law rather than an increase of taxation. + +"It hardly needs to be said that he opposed the former and sustained the +latter measure with all the vigor of his honest and manly nature. Nor +could he ever have looked with any patience upon that brood of +enactments since his day--the stay of executions, homestead exemptions, +limitations upon sales of property, _et id omne genus_, professedly +passed in the interest of the poor and the laboring man, yet in fact +more detrimental to that class than any other, and most damaging to the +State abroad. + +"Let me say, in conclusion, that the person and figure of Mr. Peyton were +fine and commanding. His carriage was always erect, his head well poised +on his shoulders, while his ample chest gave token of great vitality. On +rising to address court or jury, there was something more than commonly +impressive in his personal presence and whether clad in 'Virginia +home-spun,' or English blue broadcloth with gold buttons, (and I have +often seen him in both), whenever you saw him button his coat across his +breast and slowly raise his spectacles to rest them on the lofty crown, +you might confidently expect an intellectual treat of no mean order. + +"There never was a broader contrast presented in the same person than +that between Howe Peyton, the lawyer, the public prosecutor, or even the +Senatorial candidate amongst the people, and the same individual in his +own home. Here in the midst of his family, or surrounded by friends, the +rigor of his manner relaxed, and he was the model of an affectionate +husband and father, and the most genial of companions. He was 'given to +hospitality,' and there was no mansion in all this favored region where +it was more generously and elegantly dispensed, through many years, than +at 'Montgomery Hall.'" + + + SKETCH OF JOHN HOWE PEYTON, + + BY + + JUDGE JOHN H. McCUE, B. L., UNIVERSITY OF VIRGINIA. + +One of the truest tests of the greatness of a man is very often the +impression, I think, which, without intending, he makes upon the minds +of the young with whom he may come in contact. There are few of us who +do not remember having met, in our earlier days, with men whose presence +filled us with respect and awe, before even, perhaps, we had learned +their names and reputations, and who, in after years, seemed to stand +out from amid our youthful recollections, apart and distinct from the +memories of other men--men who, unconsciously, stamp their individuality +not only upon our minds, but who often serve, though we may not perceive +it, as models upon which our own conduct is, or ought to be, moulded, +and the impress of whose attributes and virtues serve as standards by +which we judge of other men. The impressions I have of John Howe Peyton +are those which I formed when a youth, but they were such as to stamp +him, not only as an able and good man, but as a great man in the truest +acceptation of the term. When a boy at the school at Waynesboro, Augusta +county, of the Rev. James C. Wilson, D. D., a famous criminal trial was +progressing in the Circuit Superior Court at Staunton. Mr. Peyton was +the prosecutor, and was regarded as the ablest prosecuting attorney +then, or who had ever been, in the Commonwealth of Virginia. Everybody +was talking of this trial, in which, for various reasons, not necessary +to be here detailed, the community was deeply interested. Shortly after, +as I remember, I saw standing, in the porch of the hotel at Waynesboro, +a gentleman of splendid form, broad shoulders and extended chest, with a +magnificent head which was carried erect, and which might be aptly +compared to that of Daniel Webster. His eyes were large and bright, his +features straight, finely chiseled, forming a face of Grecian lineaments +and expression. I did not then know who he was. The idea formed on my +youthful mind was that he must be a great and famous man. I inquired +respecting him, and was told that he was Mr. Howe Peyton, the famous +lawyer and prosecutor. I had often heard my father speak of Mr. Peyton +as one of the great lawyers of Virginia, then having her Johnson, +Wickham, Tazewell, Baldwin, Sheffey, Wirt, Leigh, Tucker, Stannard, and +other eminent men, who were his contemporaries. I had never seen Mr. +Peyton until now. There was something, however, in the noble and +dignified appearance and bearing of the man now standing before me, that +at once arrested attention and impressed the beholder. The opinion +formed by me of his greatness was afterwards, upon a better +acquaintance, fully justified. + +I knew little of Mr. Peyton personally until after I entered the +University of Virginia, with his son, John Lewis Peyton, in 1842, both +of us members of the law class under the late Henry St. George Tucker. +Mr. Peyton, at that time Commonwealth's Attorney for Albemarle, and the +other counties composing the circuit of Judge Thompson, when in +Charlottesville attending the court, sojourned at the residence of his +brother-in-law, John Cochran, Esq., now (1879) surviving in his 86th +year. Upon these occasions, at his request, his son and myself spent +much time with him. Mr. Peyton manifested a deep interest, naturally, in +the progress of his son, and in my own, because of his warm and intimate +friendship for my father. It was during the frequent conversations which +it pleased him to hold with us, that I learned to appreciate the great +powers of his mind, not perhaps as to its capacity, but more especially +as to the wonderful faculty he possessed of simplifying and rendering +clear the most abstruse subjects. And in this perhaps, as much as in +anything else lay the secret of his success as a lawyer. He could take, +for instance, the most difficult point of law, and in a few well chosen, +pithy sentences, place it clearly and forcibly before the minds of his +hearers. As an illustration, I remember, shortly after we had commenced +the study of law in the junior department, he made special inquiry as to +our progress, examined us upon what we had gone over, and inquired the +subject of our next lecture. We replied that it was "Uses and Trusts," +frankly confessing that although we had read the text, we still felt +ignorant of the subject. He then said, "Listen to me boys;" and went +into a dissertation upon the intricate and difficult subject, and in a +conversation of perhaps two hours, gave us a history, accurate in +chronology, minute in detail, profound and clear, as an exposition of +the whole science, and this without reference to book or note, thus +indicating the profoundest learning, and rendering the subject so clear +to our minds that when we went to the review the whole field seemed to +be laid open before us. In this simple way he demonstrated not only his +power before courts and juries, but likewise the rare ability he +possessed to impart to others, in the clearest and most comprehensive +manner, what he knew and what had heretofore seemed to them insuperably +difficult. + +It was one of the noticeable traits of his character that he was ever +anxious to impart information and knowledge to the young, to encourage +and advance them. He rarely lost an opportunity of instructing, and +this, in such an easy, unaffected, conversational style that it both +captivated and instructed the mind. In the many conversations with his +son and myself, during this, and the next succeeding term at the +University, seemed to be his constant desire to communicate to us a +historic and philosophic knowledge, and to lead us insensibly into the +deep delights of history and literature. In this connection, I must say +that after a longer and more extended acquaintance with Mr. Peyton I +learned to regard him as a man of the profoundest learning, not only in +the great principles and science of the common law, but also in general +history and literature; and he expressed himself with more precision, +condensation, vigor, and beauty of language than any man I have ever +known. I never heard Mr. Peyton speak at the bar or on the hustings. +From what I know, and have heard of him, his conception of a great +subject and mode of expression were as clear, distinct and demonstrative +as that of Edmund Burke. Judge Tucker who had known him intimately for +over forty years, once said to me: "I regard Mr. Peyton as one of the +profoundest and most learned of lawyers." During one of my summer +vacations I visited his son John L. Peyton at Montgomery Hall. I had +formed an intimate friendship with him which yet continues. On this +visit I was a witness and subject of the splendid hospitality of Mr. +Peyton and his amiable and accomplished wife. One morning shortly after +sun rise John Lewis Peyton and myself leaving our chamber, strolled into +the park-like grounds admiring the venerable and wide-spreading oaks and +beautiful scenery. On the porch in front of his office which contained +his law and miscellaneous library was the dignified figure of Mr. Peyton +seated in his accustomed arm chair, book in hand and a long pipe in his +mouth. (He was much addicted to the Virginia weed.) On our approach he +rose, and politely exchanging with us the morning salutations, bade us +be seated. He then said: "I am looking over, for a second time, the +first volume of Allison's History of Europe. Though it has faults of +style, and is marred by political prejudices, it is the most remarkable +historical work of the country." + +The book was closed, his finger between the leaves. In this attitude he +proceeded, as was a habit with him, upon a disquisition upon the value +and importance of historical study. "It instructed," said he, "the young +whose destiny it might be, in time to guard the rights or secure the +welfare of the community." He declared in general terms that the object +of history, the great object, was to make men wiser in themselves and +better members of society. By recalling the past it opened up a wider +field for observation and reflection than any personal experience could +do, and thus prepared a man to act and advise in present contingencies. +He continued in this vein for a half hour, illustrating his views by +reference to ancient, medieval, and modern history, displaying a +soundness of view and extent of research, a manliness of principle, an +accuracy of learning, and a vigor of style surpassing anything I have +ever heard. + +There have been few truly great men who were not noted for their +courtesy and hospitality. Both of these traits Mr. Peyton possessed in a +high degree. His manner to his son and myself was most courteous and +ever of such a nature as to impress us with the idea, if possible, that +we were men entering upon the great theatre of life, with the prospect +before us of attaining eminence in our profession, of rendering +ourselves useful to the State, and of service to society. There was +something in the appearance and manner of the man, when you first come +into his presence and under his influence, before he had uttered any +thing more than the ordinary salutations, that convinced you at once +that you were in no ordinary presence, and upon closer intimacy, that +you felt that you were under the influence and power of _a great man_; +_a master spirit_. In public, in his intercourse with men generally as I +have seen him, there was a hauteur, a dignity and ever a majesty that +repelled rather than attracted men. At his own fireside, that feeling +was entirely dispelled, and the boy even was drawn to him, listened to +and talked to him, as though he were his equal. Such were the warm +sympathies, tender feelings, the affectionate nature of this, to the +world, reserved and haughty man. + +Mr. Peyton, as a legislator and Senator, representing Rockbridge and +Augusta, made his mark as one of the leading Statesmen of Virginia, +stamping his genius and learning upon the statute laws of the State, +establishing for himself such a reputation as would have placed him, had +he been a member of the Senate of the United States by the side of +Webster, Clay, and Calhoun. But his love for home and family, devotion +to his profession, and natural fondness for rural pursuits, suppressed +all desire for public life and extended reputation. He was fond of +horses, dogs, and the occupations of the country gentleman. Had he +desired and entered public life, his reputation would have been +national, and he, a noted character in history. It is well here to say, +that Mr. Peyton had been thoroughly trained, not only in classical and +mathematical schools of the country in early youth, but was also a +graduate, with the degree of Master of Arts, of Princeton College, where +his great abilities were early and fully manifested and recognized by +the erudite and eminent men under whose charge that institution of +learning was then conducted. + +Mr. Peyton--then a young man--was a member of the lower house of the +Legislature of Virginia in 1808, 1809 and 1810, from the county of +Stafford, and wrote and offered a series of resolutions, as chairman of +a committee, raised upon certain resolutions adopted by the Legislature +of the State of Pennsylvania, and communicated by the Governor of that +State to Governor Tyler (afterwards President of the United States) with +reference to an amendment to the Constitution, so as to prevent a +collision between the State Governments, and the Government of the +Union, as to their judicial departments, which preamble and resolutions, +drawn by Mr. Peyton, were adopted unanimously by both branches of the +Legislature. This important State paper can be seen in the Works of +Daniel Webster, vol. III., pages 352, 353, and 354. So able and +important were these resolutions at the time, as to attract the +attention of the leading Statesmen of the country, and guide the other +States in the adoption of similar resolutions, thus overthrowing the +effort of Pennsylvania to establish a separate and distinct judicial +department as arbiter between the Federal and State Governments. + +In the great discussion between Daniel Webster and General Hayne, of +South Carolina, Mr. Webster, in his second speech in reply to Mr. Hayne, +referred to and quoted the preamble and resolution spoken of, as +conclusive of that question as to admit of no further discussion. + +Mr. Webster was so much struck with Mr. Peyton's resolutions, that he +wished to know something of their author. Meeting Daniel Sheffey, long +one of the representatives in the Lower House of Congress from Virginia, +the following conversation, in substance, occurred. Mr. W. asked: + +"Do you know a gentleman in Virginia by the name of Peyton, the author +of some resolutions in the House of Delegates in 1810, on the subject of +a conflict between the government of the Union and the State +governments." + +"Yes," replied Mr. Sheffey, "he lives in Staunton, and is the leader of +the bar in the circuit." + +"I am not surprised to learn it," rejoined Mr. Webster. + +"Is he a speaker," said Mr. Webster. + +"Not in a popular sense," replied Sheffey. "He is not a florid speaker, +indulges in no meretricious display of rhetoric, but thoroughly armed in +the strength of his knowledge, research and cultivated ability, without +any effort to display it, he possesses gigantic power, and by it he has +risen to the head of the profession. And he is not only a great, but a +good man." + +"It is a misfortune to your people and the country that such a man +should not have been sent to Washington long ago," said Mr. Webster. "He +would have maintained Virginia's proud intellectual supremacy, and by +the soundness of his views enhanced her influence."[26] + + [26] In 1851-52, Mr. Webster then Secretary of State, dispatched his + son, John Lewis Peyton, to Europe and expressed a wish to have him + permanently in the diplomatic service. + +At the death of Judge Stuart, in 1830, the vacancy occasioned by the +death of that jurist, Lucas P. Thompson, of Amherst county, then a +young man who had distinguished himself in the Constitutional Convention +of 1829 and 1830, became a candidate for the office of Judge. Mr. Peyton +was brought forward by his friends. Thompson had made himself popular on +the basis question, and was regarded as one of the most rising young men +of his contemporaries. He was the junior of Mr. Peyton. My father, at +that time, was a member of the House of Delegates from Augusta county. +The contest for Judge came off. My father, the ardent advocate of Mr. +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 Coke 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 Coke'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, +noble and generous; despising the low, vulgar and ignoble, 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 +surpass 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 pass +unobserved 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 institutions 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 assistance +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 assembled 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 pass 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 embarrass 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 participate 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 assistance 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 manuscript 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 noble +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 associated 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 massive head, his personal +appearance struck the most casual observer, who but eyed him, as one of +nature's noblemen. + +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 principal 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 associated with seeing the +venerable judge and his fine looking Attorney for the Commonwealth, +passing 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 circumstances. + +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 illustrate 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 principal 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 assented 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 +assisting 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 adventitious circumstances; 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 constitution 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 analysis 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--massive, almost severe in its +simplicity, and strong, and in these qualities, conservative. + + With great respect and esteem, + Yours truly, + GEO. W. THOMPSON. + + + + + PRESENTATION OF MR. PEYTON'S PORTRAIT TO THE COUNTY OF AUGUSTA. + + +In order to preserve, in a permanent form, the interesting proceedings +on the occasion when Mr. Peyton's portrait was presented to the county +of Augusta, the little pamphlet containing them and printed at the time, +is here reproduced. + +The pamphlet was entitled: "John Howe Peyton. Ceremonies attending the +presentation of his portrait to the county of Augusta." + +_"Great men heighten the consciousness of the human race, and it is our +grateful duty to magnify him whose genius magnifies mankind."_ + + (Printed for Private Circulation.) + + + + + THE STOUT AND PEYTON CORRESPONDENCE. + + Staunton, October 29th, 1892. + +_To Col. John L. Peyton_: + +_My Dear Colonel_--In accordance with the wishes of the bar and people +of the county generally, it is the purpose of the county court to place +in the Court House, if they can be obtained, portraits of our eminent +lawyers of the past. Among the most distinguished of our jurists was +your father, Hon. John Howe Peyton, distinguished alike for his varied +abilities as a scholar, lawyer and statesman, for the extent of his +learning and the purity of his private and public morals. For nearly +forty years he displayed his great qualities on this theatre to the +admiration and advantage of the public, and I trust you may be able to +accede to my request and supply a copy, life size, of his portrait. + + I am, very truly, your friend, + JOHN W. STOUT, + Judge of Augusta County. + + + Staunton, October 31st, 1892. + +_Hon. John W. Stout, Judge of Augusta County_: + +_My Dear Judge_--I have had the honor to receive your kind and courteous +note asking for a copy of my father's portrait, to be placed in the +County Court House, among those of the eminent lawyers of Augusta, and +hasten to say in reply that it will give me great pleasure to comply +with your request. + +I have the honor to be, Judge, with great respect and esteem, + Your friend + J. L. PEYTON. + +In accordance with his promise to Judge Stout, Col. Peyton instructed +Mr. Edmund Berkeley, of Staunton, to employ an experienced and competent +artist of New York City to make, in oil, a portrait of his father. Some +delay took place in the matter, as Col. Peyton had promised a portrait +of his father to Washington and Lee University, Lexington, which was +executed by the same artist and sent to Lexington last year. + +In the month of July, 1894, the portrait of Mr. Peyton was finished in +New York and expressed to Staunton, where it safely arrived. Col. Peyton +duly advised Judge Chalkley, the successor of Judge Stout in the office +of County Judge, of the fact and received the following letter from him. + + + Staunton, July 2nd, 1894. + +_My Dear Col. Peyton_: + +I am very much pleased to know that the portrait of your father, Hon. +John Howe Peyton, which was gotten by you at the request of Judge John +W. Stout, to be hung in the County Court House, has arrived in Staunton. +As far as it is in my province to speak, accept my assurances that it +will be received by the people of Augusta county with the most cordial +feelings toward you, and with the greatest admiration for the memory of +one who has reflected so much credit upon Augusta county. + +It will give me great pleasure to go with you to the Court House at any +time that it may be convenient to you, for the purpose of selecting a +place to hang the portrait. + +Believe me to be, with the greatest respect and consideration. + + Very truly yours, + LYMAN CHALKLEY. + + +A few days later, on behalf of the County Court, an invitation was +extended to the leading families of the town and county to attend a +public meeting of the county officials and the general public, at the +Court House, on July 20th, at 12 o'clock, M., when the portrait would be +formally presented to the county by Capt. James Bumgardner, Jr., on +behalf of Col. Peyton, and be accepted by Major T. C. Elder on behalf of +the county, these gentlemen, two of the ablest and most eloquent members +of the bar, having been selected by Judge Chalkley for these pleasing +duties. + + + THE PUBLIC MEETING. + +The meeting announced to take place at 12 o'clock, July 20th, for the +reception of Mr. Peyton's portrait, was duly held in the Court House on +the day and at the hour specified. It was largely attended by the county +officials, among them Hon. Lyman Chalkley, Judge of the County, N. B. +Watts, Sheriff, Wm. A. Burnett, County Clerk, and others, including the +Supervisors, namely, Elijah Coiner, T. M. Smiley, H. B. Wilson, Samuel +Forter, Silas H. Walker, and Wm. A. Crawford, the members of the Bar and +many others, among whom were a number of fashionable and elegant ladies, +including Mrs. and the Misses Atkinson, Mrs. Elder and daughter, Mrs. W. +P. Tams, Mrs. Wm. Frazier, Miss Malcomb, Mrs. W. E. Craig, &c., &c. + +On motion of Capt. Thos. D. Ranson, seconded by Wm. P. Tams, Esq., Capt. +George M. Cochran was called to the chair. Capt. Cochran explained +briefly the object of the meeting, when Capt. Bumgardner arose and said: + + + CAPT. JAMES BUMGARDNER'S SPEECH. + +_Gentlemen of the Board of Supervisors_: + +The late lamented Judge Stout, who did much to entitle him to be +gratefully remembered by the people of Augusta County, requested that a +copy of the portrait of John H. Peyton might be made, to be placed on +the walls of this Court room. + +In accordance with that request the portrait has been made, and on +behalf of Col. John Lewis Peyton and the other descendants of John H. +Peyton, I deliver this portrait to you, as the representatives of the +County of Augusta, in order that the purpose of Judge Stout may be +carried into effect; and that this portrait may be placed in that group +of illustrious citizens, with all of whom he was closely associated in +life, and with whom he is entitled to be grouped and remembered in all +time to come, as one of the men who have made the Staunton bar famous +and honored, and who in their day enjoyed and deserved to enjoy, the +esteem and admiration of their countrymen. + +John H. Peyton was born in Stafford County, Virginia, in the year 1778. +He inherited the virtues of patriotism, devotion to duty, courage and +honor from his father, who illustrated them in the highest degree as a +soldier of the Revolution. His academic career was distinguished by +faithful application and great ability, and he graduated at Princeton, +taking with high honors the degree of Master of Arts in the year 1797. +After finishing his academical course he went earnestly to work to +prepare himself for his professional career in which he rendered such +faithful and honorable service to the Country and in which he earned so +much honor and distinction. He studied law under the advice and tuition +of Judge Bushrod Washington of the Supreme Court of the United States, +and with his ability, and taught by such a master, it is not surprising +that the accuracy and extent of his legal knowledge placed him in the +front rank of the great men of his profession, who were his +contemporaries. He commenced the practice of the law on the +Fredericksburg Circuit. In the year 1806 he was elected as a Member of +the House of Delegates from the County of Stafford, and was again +elected in 1807. As a debater he had no superior on the floor of the +House. + +Mr. Peyton removed to Staunton and commenced the practice of the law in +the Courts held in Staunton and the adjoining Counties in the year 1808, +and he devoted himself to the practice of the law from that time until +near his death in 1847. His great and recognized ability in the practice +of his profession is shown by the fact that he was appointed Attorney of +the Commonwealth for this Circuit immediately after his removal to +Staunton, and three years later in 1812, Attorney for the Commonwealth +for Augusta County. Chapman Johnson, who said he himself was not suited +for the office, resigning it that Mr. Peyton might be elected, whom he +declared was the ablest public prosecutor in Virginia. During the year +1812 he served as Chief of Staff of General Porterfield. In his army +service he established his reputation as an able, enterprising and +gallant officer. With the exception of his service in the House of +Delegates, in the Senate and in the Army, his time and energies were +spent in the arduous duties of his profession. + +He was Mayor of Staunton in the years 1816 and in 1817, but his +performance of the duties of that office was not, of course, any serious +interruption to the laborious work of his profession. From 1812 (when he +was appointed Attorney for the Commonwealth for the county of Augusta) +he filled that office continuously until 1844, serving in the mean time +for two terms in the Senate of Virginia from 1836 to 1844, when he +resigned from ill health. And now, because sirs, during that long +period he was one of the great men of this bar, because he was one of +the great citizens of Augusta and of Virginia, because it is of interest +and benefit to the Commonwealth, that the memory of her great and able +men be preserved and cherished, this picture was asked for, that its +presence on these walls might be a perpetual evidence of his ability and +virtues, and evidence of how the people of this county recognize, +reverence and honor those lofty attributes of mind and heart, which give +fame and distinction to the locality in which they are displayed. It is +now forty-seven years since Mr. Peyton passed away. Since his death +nearly two generations have been born and died. Of the men now living in +this county very few personally knew Mr. Peyton, or personally know the +position he occupied in the estimation of the bar, of the men, and of +the community of his day and time. That position is clearly shown by the +written expressions of many great men of his day, and as these +expressions will convey a clearer idea of Mr. Peyton's character than I +am able to give in any other way, I think it most proper on this +occasion to quote them. + +Mr. Peyton was the author of the celebrated report opposing the +Amendment of the Constitution of the United States, proposed by the +State of Pennsylvania, for the alleged purpose of preventing collisions +between the Federal Government and the State Governments; concerning +which report Mr. Webster said, that "the reasoning and conclusions were +unanswerable" and on another occasion said, "it was a misfortune that he +was not in Congress." + +Benjamin Watkins Leig said, "He was the greatest lawyer west of the Blue +Ridge." + +Chapman Johnson said, "He was the greatest criminal lawyer and public +prosecutor I have ever seen." + +Judge Henry St. George Tucker said, "He was one of the most profound and +learned of lawyers." + +Daniel Sheffy said, "He possessed gigantic power without effort, and was +not only a great but a good man." + +Major James Garland, of Lynchburg, said, "There was no greater lawyer in +the Commonwealth." + +Judge Alexander Rives wrote that "I know no lawyer in Virginia for whom +I have the same admiration, respect and esteem." + +John B. Baldwin said, "He was the greatest common-law lawyer he ever +knew." + +Judge Briscoe G. Baldwin said, "He had more strength, originality and +learning than any lawyer of his acquaintance." + +Judge Lucas P. Thompson said, "His sentiments were illuminated by +genius." + +Sidney S. Baxter, late Attorney General of Virginia said, "No lawyer in +Virginia equalled him in debate." + +Thomas J. Michie said of him: "That he was a man who had served his +country with distinguished ability in various civil positions in time of +peace, who has honorably and gallantly served and sacrificed his +property in time of war, a man whose honor and integrity have never been +impeached in this or any other community." + +Judge R. C. L. Moncure in speaking of him as a young lawyer said: "He +took a position on being admitted to the bar which brought him immediate +and continued popularity as a lawyer, a pleader and a scholar." + +T. M. Green, a distinguished lawyer and author, of Kentucky, said: "John +Howe Peyton was eminent as lawyer, statesman and orator." + +Professor J. T. L. Preston, late of Virginia Military Institute, said: +"He was a champion in every branch of his profession." + +The late James D. Davidson, of Lexington, said: "I regarded him +altogether as a superior being." + +The late William Frazier said: "His pleadings were master pieces of +art." + +The late Judge McCue said: "In his discourses he displayed a soundness +of view, an extent of research, a manliness of principle, an accuracy of +learning and a vigor of style surpassing anything I ever heard." + +Mr. Peyton was as eminent for stern integrity as for learning and +ability, and in that connection a writer, whose name I will not call, as +he is still living, said: "I never knew a man who had more of what +Edmund Burke styled 'the chastity of honor which felt a stain like a +wound.'" + +I have heard many lawyers who personally knew Mr. Peyton as a lawyer, +speak of him, and, without exception, they placed him in the very front +rank of the great lawyers of his day, and the late Judge H. W. Sheffey, +with whom I was associated for so many years as a partner, spoke of him +often and alluded to his appearance in a celebrated cause, which at the +time of the trial, made a most profound impression upon the community +and said that Mr. Peyton's description of the facts connected with the +_corpus delicti_, and the behavior of the accused at the time was the +most dramatic, powerful and stirring burst of eloquence he had ever +heard or read, and that during the utterance of the speech there was not +a dry eye in the crowded Court House. + +It will be observed that these statements are made by men qualified in +the highest degree to estimate justly human character and ability, and +who had the very best opportunity of judging the character and ability +of Mr. Peyton, as they were intimately associated with him at the bar +and in public life; and their testimony therefore is conclusive, that +Mr. Peyton was a man of commanding ability, of the highest culture, of +profound legal learning, of the sternest integrity and the strictest +honor, and is worthy to be commemorated in the manner proposed by +placing this portrait in the group which now adorns these walls, and I +now take great pleasure in presenting it to you for that purpose. + + * * * * * + +At the close of his discourse the audience warmly applauded Captain +Bumgardner, as it had repeatedly done during its delivery. + + + MAJOR ELDER'S ADDRESS. + +Major Elder then rose and spoke in the following terms: + +TO COL. JOHN LEWIS PEYTON whom I see before me, and who by right of +primogenture now stands at the head of the descendants of John Howe +Peyton, and through him to all the descendants of this eminent man, I +would say that the people of the county of Augusta, represented by the +Judge of their County Court and Board of Supervisors, have requested me +to signify the acceptance by the county of the admirable portrait of Mr. +Peyton which has just been tendered it by Capt. Bumgardner in such +appropriate and beautiful terms. Col. Peyton, in presenting to his +native county this portrait of his distinguished father, has done well, +in that he has at once performed an act of filial piety and conferred a +public benefit; for whilst Col. Peyton has by this act given apt +expression to the tender and loving relations which should exist between +a dutiful son and an honored parent, it must also be remembered that +the father whom he loved so well was amongst the most distinguished of +Augusta's adopted sons, and she is now given an opportunity of +manifesting towards him those sentiments of affection and pride which a +mother cherishes for her honored children. Individuals and families +honor themselves in honoring their worthy ancestors, and communities and +states offer the highest incentive to industry, virtue and patriotism by +honoring the memory of those who have filled the public stations with +fidelity and zeal for the public good. + +I shall not attempt a biographical sketch of Mr. Peyton. Capt. +Bumgardner has told us of his birthplace and honorable lineage, of his +collegiate education and subsequent preparation for the bar, of the +commencement of his professional career in his native county of +Stafford, and in connection therewith of his early selection for the +office of Commonwealth's Attorney for that county, and of his having +been chosen several times to represent it in the popular branch of the +general assembly of the State before his removal to Staunton in 1808. We +have also been told of the course of his life after his removal to this +place. Some account of his merits must have preceded him, for almost +immediately after settling here he was appointed Commonwealth's Attorney +for this Circuit by its presiding judge, and in two or three years +afterwards the distinguished Chapman Johnson resigned the office of +prosecuting attorney for this county, in order, as it is said, that Mr. +Peyton, because of his peculiar fitness, might be chosen for the place. +It seems that from the time Mr. Peyton came here to live until he was +disabled by the disease that ended his life, his time and talents were +devoted to the study and practice of his chosen profession; for he +belonged to that class of lawyers who do not stop studying when they +begin to practice. During almost the whole of his professional life in +this county he was Commonwealth's Attorney either for the County or the +Circuit, and for the most part for both. The reputation he made as a +prosecuting officer has rarely, if ever, been excelled in this State. + +But whilst devoted to the law, which he studied as a science, and +practiced only as a great and noble profession should be practiced, he +was by no means unmindful of the duties he owed the community in which +he lived and the State and country of which he was a citizen. As a +military officer of the war of 1812, and as a member of the Senate of +Virginia for a number of years, he discharged his duties incumbent upon +him in these positions with honor to himself and with benefit to the +State. And over the public assemblage of the people of this town and +county occurring in his day, he was frequently called on to preside, +upon which occasion he always acquitted himself with dignity and grace. +He took a lively interest in everything of a public character that was +going on around him. + +He was one of those who think that every man should be more than his +work; wider and higher than the business or calling by which he earns +his daily bread. Some there are indeed who, whilst thinking this should +be so, have barely the capacity to discharge the duties of their +vocations, and are without time or strength for anything else; and hence +must submit to be driven-- + + "Round the daily scene + Of sad subjection, and sick routine," + +until death relieves them of their bondage. + +But we have been told by Capt. Bumgardner that Daniel Sheffey, a +competent judge surely, in speaking of Mr. Peyton, said--"He possessed +gigantic power without effort." No greater compliment could be paid to +the intellect of any man. Mr. Peyton had time enough to become great in +his profession, and to spare for other things. With him his daily work +was a pleasure rather than a burden. Fortunate indeed is the man who is +so gifted. The consciousness of the possession of such powers and the +use of them in the right directions must be a delight to the possessor. + +This appears to have been the thought of Macauley, when contemplating +Milton in his poetic flights, after the constructive and artificial +parts of his was done, he fancies the great poet might have said to +himself:-- + + "Now my task is smoothly done + I can fly, or I can run." + +Nature was in various ways lavish in the bestowal of her favors upon him +of whom we speak to-day. Not only did she endow him with high +intellectual gifts, but he had _mens sana in sana corpore_. He was a +large, well proportioned man, of dignified bearing and pleasing address, +with a glow and color indicative of a fine physical constitution. Like +jewels in a setting, at once strong and graceful, the mental powers of +Mr. Peyton were displayed to the best advantage through his magnificent +form and presence. How we all do admire intellectual power, and if +associated with physical size and strength and manly beauty, we admire +it all the more. But, it may be repeated, intellectual power, talent and +genius are always admired for their own sake. The fact that they are +associated with bad moral qualities, and indeed with great vices, does +not wholly deprive them of their charm. Lord Bacon, sometimes described +as the "greatest, meanest of mankind," will never cease to be admired by +even the best of men for his towering and resplendent intellect. Satan, +as depicted by Milton, while revolting in the hideousness of his moral +deformity, excites our interest, and, in a sense, extorts our admiration +by the grandeur and independence of his masterly mind. But it was the +crowning excellence of him whose memory we honor to-day, that he was as +pure and noble in heart as he was great in mind. In him there was that +fine and harmonious combination of high moral qualities and great +intellectual powers which make the model man. This combination of moral +and intellectual qualities is what so greatly commended this man to the +regard and esteem of his contemporaries, and it is what still keeps his +memory fresh. + +And the moral qualities now referred to are not merely such as truth, +sincerity, honesty and integrity, which, and the like of which, Mr. +Peyton, it is true, possessed in an eminent degree, but also the rarer +virtues of firmness, self reliance, persistence in the right, +fearlessness in the discharge of duty, a strong sense of justice and a +refined sense of honor. + +And displaying constantly, as he did, these noble qualities in the +practice of his profession, he left the lawyers of this bar and of the +bar throughout the State an example worthy of the closest imitation. In +the discharge of his duties as a prosecuting attorney, whilst he never +permitted those he believed to be guilty to go wholly unwhipped of +justice if he could prevent it, on the other hand he would have +considered it a crime in himself to have asked for the conviction of one +whose guilt was not sufficiently established. He was an independent and +conscientious practitioner in the civil departments of his profession. +Well it is for the lawyers of the present day, and well it will be for +those who are to follow them, that the portrait of such a lawyer should +be ever looking down upon them from the walls of this hall of justice. + +Its presence here will be at once an inspiration and a restraint. + +With the form and features of John Marshall, the great expounder of the +Federal Constitution and the founder of our Federal Jurisprudence, and +with the forms and features of such of his disciples as John H. Peyton, +Thomas J. Michie and John B. Baldwin, ever before them, the lawyers who +come here to practice their profession should not go wrong. + +Nor is the presence of the portraits of these great men in this public +place without its purifying and elevating influence on the great body of +the people who are wont to congregate here. Every community is deeply +interested in the qualifications and character of its lawyers. Like +people, like bar. If the people want clean and competent lawyers to +transact their business, such will be forthcoming; if, on the other +hand, lawyers of a different kind are wanted and encouraged, they will +abound. + +But it is not only because the men whose likenesses adorn these walls +were great lawyers that they are entitled to the admiration of the +public; but also because they were upright and honorable in all the +relations of life, both private and public. In political matters they +were candid and straightforward, and, above all things, patriotic. They +were not office-seekers. So far as they were office-holders, the offices +sought them. None of Mr. Peyton's contemporaries ever supposed that he +would of his own motion actively seek a political office. But when the +people amongst whom he lived desired his services in a public capacity, +they were not withheld; and they were rendered with strict regard to the +public interests and without any regard at all to his personal +promotion. With him, and with those like him, public office was indeed a +public trust. John Howe Peyton was never the man to sacrifice a +political conviction for office. He was a leader rather than a follower +of public opinion, and he always guided it in the ways of justice, of +honor, and of patriotism. + +What was it that first gave to this county of Augusta her high and +enviable position amongst the counties of Virginia? It was the custom of +putting forward her best men to represent her in the legislature, and in +the various public assemblages of the State. The name of Augusta is +indissolubly linked with the names of her distinguished sons who are +gone. In the eloquent language of a great patriot--"The past is at least +secure." + +I claim to be a man of progress, and I trust duly appreciate the +wonderful advances of recent years in the development of the resources +and material wealth of our State and Country and in diffusion of +education and other blessings; but at the same time, I would hold fast +to the former things that are good. In this respect at least, if +necessity required, I would rather adopt the motto engraved on the +public seal of our country _Redeant in aurum secula priscum_, "Let the +ages return to the first golden period." + +May God bless the county of Augusta and may He raise up men, great and +true, to serve and honor her in the future as John H. Peyton and her two +other sons whose portraits adorn these walls served and honored her in +the past. + +When Major Elder resumed his seat he was greeted with loud applause. + + + COL. JOHN L. PEYTON'S REMARKS. + +Silence being restored there were calls from all parts of the house for +Colonel Peyton, who came forward in response to them and spoke in +substance as follows: + +He said he was taken entirely by surprise, but gladly availed himself of +the occasion to thank Captain Bumgardner and Major Elder for their +polished and eloquent speeches, and the lofty tributes they had paid to +his father; he was pleased that his father's portrait would henceforth +adorn the walls of this hall, which had so often resounded to his +eloquence, and would be evermore displayed in the midst of a people he +loved so well, and for whom he labored so faithfully. He confessed to a +devout veneration for great and good men--the heroic masters in virtue, +and felt a desire to exalt them as ideals, which would exert an +influence to mould to their likeness those who earnestly contemplated +them. Leaving out of view all other aspects of his father's character, +he might be permitted to say that no man had a deeper or more +inextinguishable thirst to promote human liberty and happiness, and such +was his unselfish patriotism that it could be truly said of him that it +ever was "his country first, his country last, his country all the +time." [Loud applause.] + + + JOHN RANDOLPH TUCKER'S LETTER. + +Major Elder then read the following letter from Hon. J. Randolph Tucker. + + Lexington, Va., July 18th, 1894. + +_T. C. Elder, Esq._: + +MY DEAR FRIEND:-- + +I should be glad to be present at the presentation of the portrait of +the late Hon. John Howe Peyton to the county of Augusta, and to hear the +addresses appropriate to its presentation and reception, delivered by +Capt. Bumgardner and yourself. + +The adornment of your Court House by the pictures of the men whose +genius has honored the county, and whose eloquence still lives in the +memory, as its echoes linger in the walls of the old forum of its +mighty people, is a noble method of perpetuating the virtues of her +great men and holding them up as models and examples for the rising +generation. + +I was too young to know and fully appreciate the eminent abilities of +Mr. Peyton as they deserved to be. But I remember him, when as a boy, in +1839-40, I traveled with him from Charlottesville to Richmond, when the +snow obstructed travel and detained us at Trevilian's for more than a +day. His genial and cordial manners to a lad [Mr. T. was then about 19 +years of age] and his charming conversational powers, mingling vivacity +of humor, with grave disquisition on more serious matters--fascinated me +then, and so live in my memory as to make me sympathize in all honors +done to his name, and attract me to the scene where that is to be so +worthily manifested. + +But I am not quite well and my duties here forbid my attendance on the +occasion. + +In full sympathy with the occasion, and wishing the ceremonies to be +fully successful, I am, sincerely, + + Your friend, + J. R. TUCKER. + +Major Elder then remarked that he had just been furnished by Judge +George M. Harrison with an extract from a speech made by Mr. Peyton when +only twenty-two years of age--a speech made to the grand jury of his +native county--which threw a light upon Mr. Peyton's whole life and +character as a public prosecutor. The Major then read this extract from +Mr. Peyton's speech: + +"_The history of man from the primeval simplicity of our first parents +to the present day has satisfactorily proven that neither the dictates +of reason, the light of philosophy, nor the divine precepts of our holy +religion furnish adequate restraints to his vicious propensities._" + +The meeting then, on motion of the Hon. Marshall Hanger, adjourned. + + GEO. M. COCHRAN, + Chairman. + + + + + EDITORIALS FROM THE STAUNTON PAPERS. + + +It will not be uninteresting in this connection to read the following +editorials from the leading Staunton papers. + +In the Daily Post of the same evening, this article appeared: + + + JOHN HOWE PEYTON. + + PORTRAIT OF THIS EMINENT VIRGINIA JURIST PRESENTED TO THE COUNTY. + +CAPT. JAMES BUMGARDNER MAKES THE SPEECH OF PRESENTATION, AND MAJOR ELDER + + THAT OF ACCEPTANCE--BRIEF SKETCH OF HIS CAREER. + +As previously announced, the oil portrait of the late Hon. John Howe +Peyton, which, at the suggestion of the late Judge Stout and the Board +of Supervisors was placed in the Court House of Augusta County, was +formally presented and received to-day at noon. + +Captain George M. Cochran presided over the meeting. The jury box was +occupied by the Supervisors and within and around the bar inclosure was +gathered many of the leading members of the bar, ladies and relatives of +the late Mr. Peyton. Among them was Captain James Bumgardner, who, on +behalf of the family of Mr. Peyton made the formal presentation address, +Major Thomas C. Elder, who received the portrait on behalf of the +county, Colonel John L. Peyton, son of the gentleman honored, Mrs. +Peyton and others. The portrait was hung in its place upon the north +wall in rear of the bench and to the east of that of the late Chief +Justice Marshall. + +Captain Bumgardner's address reviewed the circumstances leading up to +the presentation, and the life and eminent achievements of the +distinguished jurist. His address was chiefly biographical, and quoted +many distinguished gentlemen in eulogy of Mr. Peyton as a complete +lawyer, patriotic citizen, and great and good man. He was born in +Stafford County, April 3d, 1778; was educated in Fredericksburg and at +Princeton, from which he was graduated with the A. M. degree, studied +law under Judge Bushrod Washington, of the United States Supreme Court, +and further equipped himself for his profession by an extensive course +in literature. In 1799 he began the practice of law in Fredericksburg, +and soon achieved distinction. In 1804 he married Susan, daughter of +William S. Madison, a cousin of President James Madison. In 1806 he was +elected to the Virginia House of Delegates, and served with ability for +four years. He was considered the most brilliant debater in that body. A +series of resolutions written by him opposing a constitutional amendment +providing a tribunal to settle disputes between the State and Federal +Judiciary were quoted by Daniel Webster in his memorable debate with +Hayne, and were characterized by him as unanswerable. + +In 1808 Mr. Peyton located in Staunton and was made Public Prosecutor of +the Judicial Circuit of Augusta, Albemarle, Rockingham and Rockbridge. +During the war of 1812 he served with distinction on the staff of +General Porterfield, and on his return was made Mayor of Staunton. In +1822 he was married to Miss Ann Montgomery, daughter of Colonel John +Lewis and his wife, Mary Preston. + +In 1836 he was elected State Senator from Augusta and Rockbridge, and +served there until 1845, when he resigned. In June, 1844, after a +continuous service of 32 years, he resigned the office of Commonwealth's +Attorney for Augusta. He died at Montgomery Hall, near Staunton, April +29, 1847. + +Maj. T. C. Elder, on behalf of the county, received the picture in a +polished and scholarly address, which was generally pronounced one of +the finest addresses of the kind ever heard here. The son, said the +speaker, had done an act of filial piety and at the same time a service +to his county in presenting this portrait of his honored father. The +speaker then reviewed the career of Mr. Peyton, paid a splendid tribute +to his legal abilities, which was acquiesced in by many of Virginia's +most distinguished men. He held up for the emulation of the bar his +untarnished integrity, devotion to duty and loftiness of life and +purpose as exhibited in his practice in this court, and referred to the +portrait along with those of Michie and Baldwin as among the household +gods of the county. In the name of Judge, Supervisors and people he +accepted the portrait and promised that it would be highly prized. + +Col. John L. Peyton, being called for, responded briefly, thanking the +gentlemen who had spoken for their lofty tributes to his father. + +The meeting then adjourned. + + + [From Staunton Spectator.] + + PORTRAIT OF HON. JOHN HOWE PEYTON. + +PRESENTED TO THE COUNTY OF AUGUSTA BY HIS SON COL. JOHN LEWIS PEYTON. + + +At the request of the late Judge John Stout, Col. John L. Peyton had a +portrait of his distinguished father painted to be presented to the +county to be placed on the wall of the Court-room beside the portraits +of Chief Justice John Marshall, Thos. J. Michie, and Col. John B. +Baldwin. The formal presentation of this portrait took place at a +meeting held in the Court house at 12 o'clock last Friday, July 20th, at +which the Supervisors of the County, the members of the Staunton Bar, +some ladies, and a large number of others were present. + +On motion of Capt. Thos. D. Ranson, Hon. Geo. M. Cochran was made +Chairman of the meeting. + +On taking the chair, he announced its object and said that the meeting +was ready for business. Then Capt. Jas. Bumgardner, on behalf of Col. +John L. Peyton, delivered the presentation speech, which was done in +fine style. He prefaced his speech, with the following remarks:-- + +"Gentlemen of the board of Supervisors: + +"The late lamented Judge Stout, who did much to entitle him to be +gratefully remembered by the people of Augusta county, requested that a +copy of the portrait of John H. Peyton might be made, to be placed on +the wall of this court room. + +"In accordance with that request, the portrait has been made, and on +behalf of Col. John Lewis Peyton, and other descendants of John H. +Peyton, I deliver this portrait to you, Augusta, in order that the +purpose of Judge Stout may be carried into effect; and that this +portrait may be placed in that group of illustrious citizens, with all +of whom he was closely associated in life, and with whom he is entitled +to be grouped and remembered in all time to come, as one of the men who +have made the Staunton bar famous and honored, and who in their day +enjoyed and deserved to enjoy the esteem and admiration of their +countrymen." + +Then followed a very interesting succinct biographical sketch of the +able lawyer, orator, and legislator whose portrait he was deputed to +present to the county. It embraced Mr. Peyton's distinguished services +from his early manhood to the time of his death in 1847. Capt. +Bumgardner quoted the remarks of quite a number of able lawyers and +others, the contemporaries of John Howe Peyton, as to his ability as a +lawyer and legislator, and all concurred in the opinion that he was one +of the ablest lawyers of the State of Virginia, and Virginia has had, +and still has, a great many very able and learned lawyers. We regret +that we have not space for these eulogistic quotations. They show that +he was not only an able lawyer, but a great and good man, whose +integrity and patriotism was above reproach. + +After the quotations from these distinguished men, Capt. Bumgardner +concluded his address as follows: + +"It will be observed that these statements are made by men qualified in +the highest degree to estimate justly human character and ability, and +who had the very best opportunity of judging the character and ability +of Mr. Peyton, as they were intimately associated with him at the bar +and in public life, and their testimony therefore is conclusive, that +Mr. Peyton was a man of commanding ability, of the highest culture, of +profound legal learning, of the sternest integrity and the strictest +honor. And it is worthy to be commemorated in the manner proposed by +placing this portrait in the group which now adorns these walls and I +now take great pleasure in presenting it to you for that purpose." + +Then Major Thos. C. Elder on behalf of the Supervisors of the county +made his speech accepting the portrait, which duty he performed in good +taste and in an able and admirable manner. He began his speech by +referring to the donor of the portrait and said:-- + +"To Col. John Lewis Peyton, whom I see before me, and who by right of +primogeniture, now stands at the head of the descendants of John Howe +Peyton, and through him to all the descendants of this eminent man, I +would say that the people of the county of Augusta represented by the +judge of their county court and board of supervisors have requested me +to signify the acceptance by the county of the admirable portrait of Mr. +Peyton, which has been tendered it by Capt. Bumgardner in such +appropriate and beautiful terms. Col. Peyton, in presenting to his +native county this portrait of his distinguished father has done well, +in that he has at once performed an act of filial piety and conferred a +public benefit; for whilst Col. Peyton has by this act given apt +expression to the tender and loving relations which should exist between +a dutiful son and honored parent, it must also be remembered that the +father whom he loved so well was amongst the most distinguished of +Augusta's adopted sons, and she is now given an opportunity of +manifesting towards him those sentiments of affection and pride which a +mother cherishes for her honored children. Individuals and families +honor themselves in honoring their worthy ancestors, and communities and +States offer the highest incentive to industry, virtue and patriotism by +honoring the memory of those who have filled public stations with +fidelity and with zeal for the public good." + +Then Major Elder spoke of the great abilities and noble virtues of John +Howe Peyton. It was the happy combination of both that made him the +great and good man that he was. The good influence of such a character +was ably presented, and the beneficial effect of the presence of the +portrait of such a man in the court-room would have on the bar. + +We regret that we have room only for a few brief extracts which we give +as follows:-- + +"But we have been told by Capt. Bumgardner that Daniel Sheffey, a +competent judge surely, in speaking of Mr. Peyton said: 'He possessed +gigantic power without effort.' No greater compliment could be paid to +the intellect of any man. Mr. Peyton had time enough to become great in +his profession and to spare for other things. With him his daily work +was a pleasure rather than a burden. Fortunate indeed is the man who is +so gifted. The consciousness of the possession of such powers and the +use of them in right directions must be a delight to their possessor." + + * * * * * + +"But it is the crowning excellence of him whose memory we honor to-day, +that he was as pure, as noble in heart as he was great in mind. In him +there was that fine and harmonious combination of high moral qualities +and great intellectual powers which makes the model man. This +combination of moral and intellectual qualities is what so greatly +commended this man to the regard and esteem of his contemporaries, and +in what still keeps his memory fresh." + + * * * * * + +"Well it is for the lawyers of the present day, and well it will be for +those who are to follow them, that the portrait of such a lawyer should +be ever looking down upon them from the walls of this hall of justice. + +"Its presence here will be at once an inspiration and a restraint. + +"With the form and features of John Marshall, the great expounder of the +Federal Constitution and the founder of our Federal jurisprudence, and +with the forms and features of such of his disciples as John H. Peyton, +Thos. J. Michie and John B. Baldwin, ever before them, the lawyers who +come here to practice their profession should not go wrong." + +At the conclusion of Major Elder's speech, calls were made on Col. John +L. Peyton, who arose and responded in a few brief remarks which can be +found on another page of this book. + + + [From Yost's Weekly.] + + PRESENTATION OF A PORTRAIT. + +A goodly company, including a number of ladies, assembled in the +Court-house at noon on Friday last to witness the presentation to +Augusta County of the portrait of Hon. John Howe Peyton, than whom the +old county never had a more distinguished son, for although born outside +of her confines, the major part of his long and useful life was spent in +her service, and the lustre of his fame forms one of her richest +heritages and indissolubly interwoven with her history and progress. + +The meeting was called to order by Capt. T. D. Ranson, and, upon his +motion, George M. Cochran, Esq., was designated to preside. Mr. Cochran +briefly stated the object of the meeting was the presentation to the +Board of Supervisors of Augusta County of a portrait of the late Hon. +John Howe Peyton and its acceptance by the authorities. + +On behalf of Col. John Lewis Peyton and other descendants of the great +lawyer, Capt. James Bumgardner made the presentation address. It was a +theme worthy of the best effort and the address was worthy of the theme, +and worthy too of the head and heart of the learned and gallant +gentleman chosen for the task. He sketched the distinguished career of +John Howe Peyton from his birth in Stafford county in the year 1778. +Endowed with talents of a high order, Mr. Peyton entered Princeton at an +early age, graduating from that institution as Master of Arts in 1797. +He studied law under Judge Bushrod Washington of the Supreme Court of +the United States, and commenced the practice of his profession on the +Fredericksburg circuit. In 1806 he was elected as a member of the House +of Delegates from Stafford County, and re-elected the following year and +served until 1810 and 1811. In 1808 he removed to Staunton, and was +immediately appointed Attorney for the Commonwealth for the circuit +surrounding Staunton, and subsequently also Commonwealth's Attorney for +Augusta County. This latter position was resigned by Chapman Johnson, +himself a great lawyer, for the reason, as he declared, that Mr. +Peyton's qualifications for the office were so superior that justice to +the county demanded his services. During the war of 1812 Mr. Peyton +acted as chief of staff to General Porterfield, and in the field as well +as the forum rendered distinguished service. From 1816, when he was +appointed Deputy U. S. District Attorney to aid William Wirt, until his +health became impaired in 1844, Mr. Peyton continued to fill the office +of State's Attorney, serving also terms as Mayor of the city and for +eight years as a member of the State Senate. + +His busy, useful life closed in 1847, but the fragrance of his memory +lingers to this day, and his fame is one of the memories of the county. +Captain Bumgardner quoted the opinions of a long list of eminent men who +were contemporaries of Mr. Peyton and recognized his great power as a +lawyer. Among them was Daniel Webster, who in speaking of the celebrated +report written by Mr. Peyton in opposition to the amendment of the +Constitution of the United States, said that the "reasoning and +conclusion were unanswerable." + +In closing, Captain Bumgardner earnestly and eloquently summed up the +salient points in the career of Mr. Peyton, declaring him to have been a +man of commanding ability, of the highest culture, of profound legal +learning, of the sternest integrity and strictest honor; worthy to be +commemorated by placing his portrait in the group of great lawyers which +now adorns the Court House. + +Major Thomas C. Elder was selected by the court to receive the portrait +on behalf of the Board of Supervisors. The selection was a happy one. +Never have we heard in that Court House an address so chaste, so +scholarly, so rich in beautiful worded thought, so thoroughly impressive +and appropriate. It was a literary gem. To sketch it would be to mar it, +and we regret that our limited space does not permit its publication in +full, together with the address to which it was a response. + +Col. John L. Peyton, son of Hon. John Howe Peyton, was present in the +house, and calls were made for him to come to the stand. In recognition +of this manifestation, the Colonel said he was taken by surprise in the +call that was made, and could only say that he felt gratified with the +enthusiastic manner the gift to the county had been received, and the +elegant and affecting remarks which had accompanied the presentation of +the portrait and its reception. That he was pleased to see his father's +likeness on the walls of the hall where his eloquent voice had so often +resounded, and suspended in the midst of a people he had loved so much +and served so faithfully, for with him it always was "his country first, +his country last, his country all the time." + + + LETTERS. + + FROM THE REV. J. HENRY SMITH, D. D., PASTOR OF THE FIRST + PRESBYTERIAN CHURCH, GREENSBORO, N. C., ONE OF + THE FEW SURVIVORS OF MR. PEYTON'S + OLD FRIENDS. + + Greensboro, N. C., July 24th, 1894. + +_Col. John L. Peyton_: + +_My Dear Sir_--I have just received from your hand a copy of the +"Staunton Daily News" of the 21st inst., and I have read with very great +pleasure, the beautiful and eloquent and richly deserved tributes to +your honored father at the public meeting in your town called for the +acceptance of your father's portrait. It well deserves to be placed +among the purest and ablest and noblest of his talented and honored +associates and contemporaries. I congratulate _you_ on so interesting an +occasion, and I sympathise with you in the filial joy and pride and +gratitude to God that your heart, I know, felt, as those tributes were +paid to your noble father's character and influence. Next to the fear of +God, is the feeling we cherish for a father, who has taught us in the +right way of virtue and honor, who has exemplified such a life and led +us onward and upward. I think the _5th Commandment_ stands in the +decalogue where it does, because the love and reverence to parents is +next to the love and fear of God, in the estimation of God himself. + +Greek and Latin writers often classified and summed up human duty in the +following three-fold way,--"to fear the gods--to honor one's parents and +to obey the laws of the land." This was I think in the mind of _Cicero_ +when he said "_in aris et focis est Republica_." _Plato_ says "let us +believe then that we can have no religious image more precious in the +sight of heaven than a father, or a grandfather or a mother worn out +with age, and that in proportion as we honor or delight in them with a +religious joy, in the same proportion does God himself rejoice." Such +sentiments, I believe, are fragments of the true and primitive religion +carried abroad--but also, soon afterward, in so many respects corrupted, +we recognize such sentiments as a part of the original Divine law not +wholly obliterated, thanks to God, by the fall. + +For the sake of dear old Virginia, I thank you that your father's form +and face is where it is--to be an incentive to virtue and patriotism, as +it looks down from year to year upon all who enter your court of +justice. + +For your considerate kindness in sending me the paper, and awakening +thoughts of the long past, and with apologies for this longer letter +than I had thought to write, I am, + + Gratefully yours, + J. HENRY SMITH. + + + FROM GEN. ECHOLS. + + Louisville, Ky., July 28, 1894. + +_Major Thos. C. Elder, Staunton, Va._: + +_My Dear Major_--After an absence of several days, I returned to this +city yesterday, and find your postal of the 23rd inst., and also the +newspaper containing an account of the ceremony of the delivery to, and +acceptance by, the county authorities of Augusta county, of the portrait +of the late distinguished John Howe Peyton. I am very much obliged to +you for thinking of me, and giving me an opportunity of reading the +addresses made by yourself and Captain Bumgardner on the occasion +referred to. I have read the speeches with a great deal of interest, and +I have been very much impressed and pleased with your chaste, striking, +and eloquent address, as the representative of the Supervisors of the +county, in accepting the portrait. You have, with a master's hand, +delineated the character of Mr. Peyton, and I hope that your address +will be preserved as a fitting accompaniment of the skillful personation +of the striking countenance that the artist has presented. I recollect +Mr. Peyton very well. When I was a boy I saw him, and heard him +frequently at the bar, generally in Lexington. I have also a very +pleasant recollection of having enjoyed his elegant and generous +hospitality at his home. + +When I can first remember Staunton, the Staunton bar was made up of men +who will long live in the memory of those who had the good fortune to +know them. + +Judge Thompson was on the bench, and around him Thos. J. Michie, A. H. +H. Stuart, John B. Baldwin, David Fultz, H. W. Sheffey and a number of +other gentlemen, all of whom together formed a notable group that would +have made any forum illustrious. + +It is certainly a most fitting thing that the noble county of Augusta +should have her Pantheon, in which shall be gathered the statues and +likenesses of her great sons, in order that those who come after shall +see the men who have given to her her proud pre-eminence among the +counties of the "Old Dominion." + +Again thanking you for your kindness, and hoping to see you in a few +days, I am, very truly yours, + JOHN ECHOLS. + +Many other interesting letters have been received from distinguished +gentlemen in different parts of the State, but neither time nor the +limits of this pamphlet admit of their insertion. + + + + + LETTERS FROM CONTEMPORARIES AT THE BAR. + + +From a number of letters received from persons to whom Col. Preston's +sketch was posted, nearly fifteen years ago, the following extracts are +selected, because written by Mr. Peyton's colleagues at the bar. + + FROM JUDGE ALEXANDER RIVES. + (FEDERAL JUDGE.) + + +In a letter addressed to Hon. John L. Peyton, and dated Eastbourne, +Charlottesville, Jan. 29th, 1881, Judge R. says: + +"There was no one at the bar, with whom I was associated, for whom I +cherished the same admiration, respect and esteem, as for him. + +"So much of our State's worth and greatness was in the ranks of the bar +and the bench, that I have felt it to be a shame to the State that it +has never been chronicled, as it should have been, for after ages. Such +men as Wickham, Leigh, and Johnson survive only in brief obituaries. I +am glad your filial piety has, in some measure, rescued your father's +name from that neglect." + + + FROM JOHN B. MINOR, LL. D., + + PROFESSOR OF LAW, &C. + + University of Virginia, February 3d, 1881. + +_My Dear Sir_: + +I pray you to accept my thanks for the brief memoirs of your +distinguished father, which you were so kind as to send me. + +It is very pleasing to have before my eyes the well remembered features, +expression and attitude of a man for whom, through my whole professional +life, I have cherished the most unreserved respect and admiration. + +For many years I have been accustomed to regard the county of Augusta as +occupying the first position in the Commonwealth, in respect to the +_morale_ and intelligence of its people, and the soundness of its public +sentiment, and have ascribed the pre-eminence, in a marked degree, to +the lofty character of its bar--a pre-eminence in uprightness, as well +as in abilities and learning, which has now subsisted continuously for +near a hundred years. There is no community in the State, I believe, +which has been blessed, for a blessing indeed it has proved, for so long +a period of time, with such a wonderful and uninterrupted succession of +great and virtuous lawyers. + +In that remarkable series, your father is a most conspicuous figure, and +by his example and influence contributed as much as any one to the noble +result, as I apprehend it to exist, in the elevated tone of the people +of Augusta. + +Doubtless the highest influences of religion co-operated powerfully to +accomplish what has been achieved, but I do not doubt that one of the +chief auxiliaries was the stainless purity existing for so many years +among the practitioners of the law, rendered more conspicuous and patent +by the extraordinary capacity which accompanied it. + +I look with trembling anxiety to the young men who now compose the bulk +of the Augusta bar, many of whom are my pupils, to sustain and transmit +unimpaired the illustrious reputation for lofty integrity and eminent +ability and learning, which has come down to them through so many +successions of their predecessors, so that for the next hundred years, +as for the last, old Augusta may continue to enjoy the distinction she +has won. + +Thanking you again for kindly remembering me in the distribution of the +sketch, I am, with great respect and esteem, + + Yours truly, + JOHN B. MINOR. + +James D. Davidson, in a letter dated Lexington, Va., January 25th, 1879, +and addressed to Col. John L. Peyton, says: + +"When I knew Mr. Peyton in practice in Rockbridge county, I was +comparatively a young member of the bar, and I looked up to him, as a +man of imperial, far seeing, commanding intellect, and in every respect +as a superior being, not only as a lawyer, but as a man." + +Letters and excerpts from letters to whom the little pamphlet giving an +account of the presentation of Mr. Peyton's likeness to the county were +sent: + +_Judge S. Bassett French_, of Mynchester, says: + +"Mr. Peyton was a wonderful man in his day, and had few peers in any +age." + +_Col. Wm. A. Anderson_, in a letter to Col. Peyton, dated Lexington, +August 8th, 1894, says: + +"Accept my thanks for the memorial pamphlet of your honored father. Some +knowledge of his splendid gifts, his eloquence, learning and lofty +traits of character had come down to me among the traditions of the +Lexington bar, at which he was for many years a distinguished +practitioner, and I am very glad to have in more enduring form the +sketches of his life, character and services." + + + PROF. JOHN B. MINOR, LL. D. + University of Virginia, Law Department, + August 9th, 1894. + +_My Dear Sir:_ + +I received yesterday, the pamphlet containing the account of the +"Ceremonies attending the presentation of the portrait of John Howe +Peyton," your honored father, to the county of Augusta, and beg you to +accept my cordial thanks therefore. + +I apprehend that no county in the State, nor in the United States, can +exhibit such an aggregation of judicial worthies as Augusta, not merely +lawyers of distinguished learning and power, but men no less +distinguished for incompatible integrity. The county authorities do +themselves great credit in thus commemorating the virtues and abilities +which have so illustrated their community. + +Among these great and good men your father was conspicuous, and well +deserves to be enshrined in the esteem and admiration, not of Augusta +only, but of Virginia, and the whole country. With renewed thanks for +the pamphlet, + + I am, yours very truly, + JOHN B. MINOR. +Col. John L. Peyton, Staunton, Va. + + +_Hon. John W. Rieley_, judge-elect to the Supreme Court of Appeals, of +Virginia, says: + +"I have read with deep and intense interest the addresses and all that +was said of Mr. Peyton by his contemporaries, and as a Virginian I am +proud of such an illustrious citizen, and congratulate old Augusta that +her people have for contemplation, and emulation for all time the life +and character of one of such worth and commanding ability." + + +_Col. Jos. H. Sherrard_, under date of Lexington, August 12th, 1894, +writes: + +"I have read the pamphlet with a great deal of pleasure, and am glad to +see this departure from the rule too long prevalent of doing honor only +to statesmen and military men, and the system inaugurated of 'rendering +unto Caesar the things that are Caesar's.' Truly among professional men +there is oft-times as much virtue, genius and patriotism as in the +former classes, and this was the case as to your great and good father, +and is so as to many modest citizens, who are as worthy to be +commemorated. Many a youth will be taught that honor and glory are not +alone to be achieved at the cannon's mouth, or in the halls of Congress, +and to emulate such examples of virtue in private life. Would that this +precedent of your good people could be repeated by those of every county +in the State, until all of our court-houses are ornamented by their +illustrious citizens. Surely we might then say: 'Lives of great men all +remind us we may make our lives sublime and departing leave footprints +in the sands of time.'" + + +_John F. Lewis, Esq._, writes from Charleston, W. Va., under date of +October 12th, 1894: + +"While it was not my good fortune to have known personally the subject +of these eloquent tributes to worth, I know full well how richly +deserved they are. From the days of my youth I have heard from the lips +of those who knew John Howe Peyton well and honored him, the most +beautiful and feeling tributes to his high toned honor, his brilliant +intellect, his fervid patriotism and his spotless life. It is eminently +fitting that this speaking likeness of him should adorn the walls of the +Temple of Justice of old Augusta, those same walls which erstwhile +echoed back his eloquent words in defence of the right." + + +_Rev. Wm. H. Ruffner, D. D._, writes from Lexington, under date of +August 10th, 1894: + +"I have read all [the pamphlet containing ceremonies attending the +presentation of Mr. Peyton's portrait to the county] with interest and +sympathy. Your father was one of the heroes of my early days. I saw and +heard him often, and the impression I received of his character and +abilities was correct." + + +_Dr. R. A. Brock_ writes from Richmond, October 10th, 1894: + +"I am thankful in the inspiration that the contemplation of so benign a +presence, and the consequent retrospect of so admirable a life, will +command in posterity." + + +_Rev. Geo. Gordon Smeade_, Rector of Magill Memorial Church, Pulaski +City, writes: + +"For the sake of the rising generation who may frequent your Court of +Justice, it was most timely in placing upon her walls the portrait of so +distinguished a personage as your father. He who has left so deep an +impress upon the community in which he lived, and I may say also upon +his age, cannot help being an incentive to the very _highest type of +virtue_ and patriotism." + + +_C. B. Thomas, Esq._, writes from Wytheville, August 11th, 1894: + +"I have read the pamphlet with much interest. I will have my boys to +read it, hoping that they may be stimulated to strive to emulate some of +the virtues which characterized your distinguished father in such an +eminent degree." + + +_Miss M. J. Baldwin_, the gifted and accomplished Principal of the +Augusta Female Seminary, under date of August 15th, 1894, writes: + +"No one takes more pleasure in seeing your father's memory honored than +I do. May his descendants ever prove worthy of so distinguished an +ancestor." + + + FROM MRS. LOUISA DUPUY. + +The talented and accomplished Mrs. Louisa Dupuy, who was intimately +acquainted with Mr. Peyton and his family, and who spent much time at +Montgomery Hall in early days, thus writes: + + Staunton, Thursday Afternoon. + +_Dear Col. Peyton_: + +I am very much obliged for the pamphlet containing an account of the +presentation and acceptance of your honored father's portrait. "Honor to +whom honor is due," and I am always glad to see any indication that +virtue and integrity and intellectual ability are held in high esteem, +and brought prominently before the public. It is cause of deep regret, +that in these days, so much of the reverse is prominent. If I had known +it in time, and that ladies were to be present on the interesting +occasion, I should have gone down to the Court House, but I do not take +a daily paper and did not know of it. + +I remember your father as an elegant and courtly gentleman, genial and +kind to all, both old and young; and that he belonged to a noble set of +such men belonging to Staunton in those days. + +I have read the pamphlet through (I had read the account in the papers), +and have mailed it to Sam and the boys. + + Your old friend, + LOUISA DUPUY. + +Many other interesting letters have been received from distinguished +persons in all parts of the State, from the South and West, but space +does not admit of their introduction. We feel the less difficulty in +omitting them, though coming from such men as Gen. G. W. C. Lee, from +judges of the Court of Appeals of Maryland, North Carolina and Ohio, +Hon. R. Taylor Scott, Col. Jesse E. Peyton, of New Jersey, R. L. Parrish +and other eminent men and lawyers, because they knew Mr. Peyton only by +reputation, not personally. + + + MRS. JOHN H. PEYTON. + +We have mentioned Mr. Peyton's second marriage, in 1821, to Anne +Montgomery Lewis. The happiness derived from this auspicious union was +such that it may be classed among the matches "made in heaven." + +As a becoming conclusion to this compilation the following sketch of +Mrs. Peyton is appended: + +Among the noteworthy women of Virginia during the early part of the +present century--our comparatively unknown and entirely unsung Southern +heroines--was the subject of this sketch. Remarkable for her practical +ability and efficiency, her graceful and accomplished taste, the extent +and variety of her literary attainments, the unselfish generosity of her +heart, and her unostentatious charities, no one was more highly esteemed +while living, or was more mourned when, in her bright and useful career, +struck down by the hand of death. Nor is there one of those departed +Matrons--the peerless women of Virginia,--whose memory is more cherished +by those among whom she lived; for, it was her peculiar good fortune to +be at once the life and joy of her family, the "bright particular star" +of the society in which she moved, and the pride and ornament of the +community. + +Anne Montgomery Peyton was born at the Sweet Springs Monroe County, +Virginia, in the year 1802. Her father Major John Lewis, was a man of +large fortune, having inherited this extensive and valuable estate from +his father, Col. William Lewis, commonly called the "Civilizer of the +border." Major Lewis was a distinguished officer of that branch of the +military forces of the "Thirteen United Colonies," styled the +"Continental line," and served under Washington until the close of the +revolutionary war. A little more than two years after the surrender of +the British Army at Yorktown, by Lord Cornwallis, October 17th--19th, +1781, namely, in the winter of 1783 when Washington relinquished the +command of the army, Major Lewis returned to the Sweet Springs where he +spent the rest of his life, improving his property and enjoying the +society of his friends. He married, in 1795, Mary Preston, the fourth +daughter of Col. William Preston of Smithfield, County of Montgomery. +Mary Preston Lewis is reported to have been a woman of great personal +charms and of uncommon vivacity of intellect, and of varied +accomplishments. As spirited as beautiful, she was one of the true type +of that Virginia character which has made itself known and felt +throughout the world.[28] + + [28] When little Anne Lewis left the Sweet Springs for Mr. C's school, + she bore the following letter from her mother to him. + + Sweet Springs, July 23rd, 1811. + + _Mr. Crutchfield_: + + _Dear Sir_--With the sincerest pleasure I send my dear little Anne to + you again. I hope nothing will happen, not even an indulgence of my + affection for her, to cause her coming home again shortly, for to you, I + confide with confidence her entire education, and I hope your labors + will be crowned with success by Him above, who is able to give + abundantly. + + It has been with much persuasion and many difficulties I have succeeded + in getting Mr. L's consent to Anne and Margaret Lynn being sent to you. + I need not say anything as to Anne's temper and disposition. I know your + penetration is sufficient, and in your judgment and tenderness [to + improve both] I have entire confidence. You can do more to improve her + than I can and I know you will. I have many happy proofs of the great + good, both in mind and manners, that have accompanied your exertions + towards my family. + + Heaven bless and prosper you, is the wish of your friend, + MARY P. LEWIS. + + P. S. My respects to Mrs. Crutchfield. I have sent a cot and bedding for + Anne and Lynn. + +Mary Preston Lewis died at an early age, leaving a large family of young +children, and it devolved upon the subject of this sketch, as being one +of the oldest, to act the part of mother and sister towards them--a duty +which she nobly performed, ever extending to them Christian care and +true sympathy. The portals of Montgomery Hall were always open to +receive them and her younger brothers. In fact it became the home of her +sisters, three of whom were subsequently, at different periods, married +from it: namely, Margaret Lynn, to John Cochran, of Charlottesville, +Va., Sarah, to her cousin, Col. John Lewis, of Kanawha, and Polydora, to +John Gosse, of Albemarle. Her two younger brothers, John Benjamin and +Thomas Preston, also resided with her several years while attending +school in Staunton. + +Anne Lewis, the third child of Major John Lewis and Mary Preston, and +according to contemporaneous accounts, the most favored of them all; was +entered in her ninth year at the school--a school in great repute at +that day--of Mr. Crutchfield, situated in the Falling Spring Valley near +the Peytona Cascades, Alleghany County.[29] + + [29] The following letter from John Preston, Treasurer of the State of + Virginia, gives a brief account of the death of his sister, Mary Preston + Lewis. + + Greenfield, Botetourt County, Va., + February 8th, 1824. + + _Dear Sister_: + + The painful duty of informing you of the death of our beloved Sister + Lewis devolves on me. She expired on Wednesday the 4th, (Feb. 4th, 1824) + at her home at the Sweet Springs. She had lingered for some time but no + dangerous symptoms appeared in her complaint, nor was any alarm excited. + She, however, became suddenly worse, and sent for Mary Woodville, who + set out instantly and took with her Doctor Patterson, of Fincastle, but + before they arrived she was struggling with death. She died with all the + firmness of a Christian hero, firmly relying on the merits and mediation + of an all-sufficient Saviour, and declared that her hope and confidence + were so great that death presented not one solitary terror to her, but + rather that he appeared to her as a friend who was to conduct her out of + this into a far better world that she had long looked forward to with + ardor--and called on her relations and friends around her to witness + with what composure a real Christian could die, and actually closed her + eyes with her own hands. + + The family are now dispersed, and the house locked up and the plantation + forsaken for awhile. + + Sarah, Lynn and Thomas are at Mr. Woodville's, Ben and Polly down at Mr. + Massie's. What future disposition will be made of them or the property + is not yet decided on. She did not make a will. + + My wife is very sick and confined to her bed with something like the + nettle-rash. Sarah is well and I am in my general health. + + Your affectionate brother, + JOHN PRESTON. + + To Mrs. Elizabeth Madison, Montgomery Co. + +The reader will probably excuse a brief reference to this valley which +is so remarkable for its scenic charms, the cascade being the most +striking point, that one cannot pass through it without feeling the +truth of Cowper's beautiful line--"God made the Country and man made the +Town." The variety, the perfection, and indeed everything about a lively +country scene so eclipse the noise and bustle and turmoil of a large +town that I have sometimes been so uncharitable as to think that those +who did not love the country, could scarcely love their Maker; but to +indulge such a thought would be illiberal, decidedly wrong. And yet the +country has many, many charms, peculiar to itself and of a peculiar +character; and although it is certain that a vicious mind will think of +God nowhere, while a pious one will behold him in everything, it +nevertheless cannot be doubted that there are natural tendencies in the +bustle, parade, and business of large commercial towns, to turn away the +soul from God; while innumerable objects are presented in the country +which lead the mind of the reflective "through Nature up to Nature's +God." + +The general truth of these remarks has always been impressed on our mind +when in the country, and more especially when rambling during the summer +through the enchanting regions of western Virginia. + +In one of the loveliest spots in this picturesque land, Mr. Crutchfield +had wisely established his school--no doubt influenced in his choice by +its central position in the State, its retired situation and the extreme +healthfulness of the climate. Amidst these rural scenes in the "sweet +sequestered vale," Anne Lewis spent her early youth, making much +progress in learning and acquiring a fund of valuable information. +Studying with unexampled industry, she carried off the highest prizes. +But even in this, the school of highest grade at that period in Western +Virginia, she was in a measure deprived of that thorough and liberal +education which her ambition craved. When she completed the course and +returned home it was with a painful consciousness on her part of how +little she knew and how much she had yet to learn. + +She often spoke in after years in a lively and amusing way of her life +at this remote seminary, and of how the scholars had to rough it; of +what would now be styled their hardships, but which did not seriously +effect these light-hearted girls. She alluded to her own life at this +season of her early joys, as smooth and pleasant, and to the valley of +the Falling Spring as a kind of earthly paradise. Her opening years here +and at her home at Sweet Springs, were eminently happy and this sunny +morning betokened the short, but cloudless day that was coming. + +Concerning their life at Mr. Crutchfield's generally she said it was not +uncomfortable or unpleasant. His table was liberally supplied with +whatever the country produced, such as beef, mutton, poultry, and now +and again with game and fish furnished by the forests, and the mountain +streams. Of foreign luxuries they saw little or nothing. Their coffee +was generally roasted rye, or a mixture of rye and "Rio," and their +evening drink was milk or Sassafras tea. When they visited distant +friends they rode on horseback, or were crowded into Mr. Crutchfield's +cariole--a kind of covered spring cart. + +In their intervals of toilsome labors, and Mr. C. was far from allowing +his pupils to neglect their studies, they passed much of their time +gathering wild flowers in the green fields or on the mountain sides, +visiting from time to time the cottages of the hearty mountaineers, +whose good wives always welcomed them with a glass of sweet milk, some +new laid eggs, or delicious fruit. + +It must be remembered that these hours of leisure were not given to +enjoyment only,--hours so favorable to improvement were better employed. +When they returned from the fields, their hands tinted with the rich +purple and crimson of the flowers they had gathered, it was not the +blood stain of murdered time. On the contrary they were only signs of +the eagerness with which they pursued knowledge as well as pleasure, in +some department of natural history, for they were always accompanied in +their outdoor excursions by a teacher. Trees were waving, flowers +blooming, birds singing, and insects revelling around them--the very +pebbles in their pathway contained a history of the past within them; +the stream flowing by them had its finny tribes, most wonderfully +adapted to their element, and these lighter hours were given to an +examination, almost a study, of these objects--animate and inanimate, as +they came from the hands of our Creator. And it may be safely asserted +that few professional botanists were deeper versed at a little later +period in the virtues of various herbs and plants, and how they might be +made subservient to our uses, domestic and medicinal, than was Anne +Lewis. + +It was during her sojourn at this school, while spending a holiday with +her sister, Mrs. Massie, at the Valley Farm, that she first met John +Howe Peyton, then in the zenith of his professional success and one of +the handsomest and most accomplished men in Virginia. He had recently +returned from active service with the army of 1812-15, of which he was a +daring and enterprising officer. She was at this time in the flush of +opening womanhood, at the romantic age, and listened with wrapt +attention and delight to his eloquent conversation, his graphic and +animated accounts of the camp and field. She was herself rich in what +has been styled with poetic license the fatal dower of beauty and was as +clever as pretty. The result may be as easily imagined as told--they +were speedily betrothed and shortly after her return to the paternal +roof, though her beauty drew suitors for her hand from far and near, +were married (1821.) + +It was a fortunate marriage and brought her all the happiness promised +by a union with the chosen of her heart. Her home was thereafter in +Staunton for a few years and subsequently till her death at Montgomery +Hall. She thus returned to the original location of her great +grandfather the "lord of the hills," to pass her life amidst the scenes +rendered historic by his and his brave companions' long struggle with +their savage enemies and almost within sight of the ruins of that Fort +Lewis, under whose stout walls the colony grew, in time, strong enough +to defy every foe. + +Civil life, as we know it, hardly existed in those days in Virginia; all +that was powerful, all that was honored, was connected with war; the +ideas of the time more or less insensibly took a military color; men's +callings and necessity were in one way or the other to fight; and to +fight with effect needed combination, endurance, and practice, and the +rude forts of the frontier were camps or barracks where there was +continual drill and exercise, fixed times, appointed task, hard fare, +incessant watchfulness, an absolute obedience to officers. Armed men, +with sentinels posted to give warning of an enemy's approach, tilled the +fields. Cattle were herded at night around the strong places; patrols +scoured the country day and night, and, in fact, all the precautions +were taken which are necessary to intruders in an enemy's country. Many +a dark tale of massacre has been connected with the settlement of West +Augusta; and the story of the Lewises and other pioneers, forms a +romantic and memorable feature in the history of those turbulent times. +Fort Lewis was the only place of security west of the Blue Ridge and +south of Winchester. It was a fortress of little architectural extent or +pretension, but in its associations one of the most popular and +interesting of our historical places. + +In her new home Anne Peyton soon developed more fully the noble +qualities which so much endeared her to a numerous circle of friends and +the intellectual parts by which she was afterwards so widely known. +There was no object of a humane and laudable kind to which she did not +devote her time and attention, but particularly was her active +philanthropy displayed in connexion with the large slave population on +her husband's estates. She made herself intimately acquainted with the +real condition of the negroes on these plantations and set on foot +remedies for the evils necessarily incident to their condition. Her +labors were attended with success, and not only the physical but the +intellectual and moral condition of these unfortunate beings was +improved and advanced. + +Happily the prosperity of Virginia was in her day so exuberant, that +there was little poverty of any kind. There are, however, always cases +of want to be found in every community, and these she sought out and +relieved when and where the world was not cognizant. In a word she +offered bread to the famishing and hope to the desperate. Her tender +sympathy extended even to the brute creation. She could not patiently +endure to see dumb creatures suffering from cruelty or want of proper +care, and the very animals instinctively regarded her as their +thoughtful friend. + +Anne Montgomery Peyton became the mother of ten children, all of whom +reached years of maturity, and with two exceptions married and have +families of their own, and all now survive but her second daughter, Anne +Montgomery, who died unmarried in 1870, and her son Yelverton. She was, +as we shall see, a most careful mother and affectionate wife, looking up +to her husband as a superior being, and took upon herself the heavy +burden of care in connection with the rearing and education of this +numerous family, to which her husband could give little attention from +the absorbing pursuit of his profession and the overwhelming character +of his engagements. + +It was truly in the domestic sphere that she most shone, and her +children owe so much to her teachings and example, to her maternal +tenderness and training, that the recollection of their days at the Hall +is the most precious remembrance they carry with them through life. + +Her mind was always active in devising means for the benefit of her +children. Nor would she allow any personal inconvenience of discomfort +to interfere with her plans for carrying them out. She often entered +into their juvenile games and amusements with all the vivacity of her +nature. Nor did it lessen the deference and respect they felt for her. +She knew when to be little and when to be great. When to exercise her +authority, how to enhance her influence, and the value of example in +enforcing both. Thus obedience became so easy that her children soon +combined the pleasure of anticipating her wishes with the duty of +compliance. Of course in every family there are to be found wrong +tempers, feverish ailments, and perverseness of disposition, and willing +obedience cannot be, at all times and on all occasions, obtained however +consistently authority may be maintained. But as far a child however +helpless, ignorant, and inexperienced could be brought into habits of +obedience by a judicious exercise of parental authority, without an +approach to undue severity, it was accomplished by her tact and +discretion. + +Some one has called the boy the "father of the man," but the mother is +more especially the parent of the child, forming, directing and +educating its mind and heart. The very pulses of its life throb +responsively with hers, from heart it springs into being and her heart +should be its natural shelter and resting place while life lasts. A +Christian mother she was who made the well-being for her children, +spiritual and physical next to her duty to God and her husband, the +object of her most watchful attention, and whether in the nursery, the +play grounds or school rooms, or the household bestowed upon them the +utmost care, instructing them at one time and romping with them at +another. + +In their sports it was, indeed, her habit frequently to join. She +considered play not merely essential to a child's happiness, but to its +physical, moral and spiritual well being. She therefore interested +herself in the amusements of her children with as much zeal and +enjoyment apparently as they themselves--thus at very little expense and +trouble to herself adding greatly to their pleasures. She would now and +again pull the children's wagons around the nursery, make a flag for a +little boat, or dress a doll in the style of our Revolutionary matrons +from a few scraps of silk and calico. She studied the characters of her +different children as they were developed in play and thus gained an +insight into their inner life which guided her as to their future. Some +children are naturally of a robust constitution and their play is +characterized by noise and action; others not so strong are of a more +gentle and studious disposition, pursue the amusements in comparative +quiet. She observed this and regulated her coarse accordingly for she +considered it a sign of ill health, if one of the brood sat silently and +mopingly apart from the group; and at once sought the cause of such an +unnatural state of things and to remove it. In the merest trifles she +exercised a wise judgment and considered nothing trivial which concerned +the happiness of her children. For example, so minute and particular was +she that she never allowed the children to play with one particular set +of toys until they had lost all their interest and were cast aside. +This, she asserted, taught them two bad habits--to wear out a pleasure +threadbare, and reckless destruction. She did not interfere violently to +deprive the children of them, but joining in their play for a moment +would suggest a change. With flushed cheeks and laughing eyes would draw +them into lively romp or game of "puss in the corner;" in order to get +them away from a spot where they had been too long over kites, puzzles, +or dolls dresses. + +Few families of children indeed had more care bestowed upon them, and no +one can fail to admire the good sense and tact of a mother who with such +rare skill contributed to the happiness of her little brood. Often did +she with a box of paints, a pencil and some paper employ the children +during a wet afternoon, or in fine weather having a game of hoop or _les +graces_ in the grounds. Considering play one of the first necessities of +a child's existence, she encouraged hers to play with all their +hearts--but never to the neglect of graver studies. These were attended +to in proper season. But when play time came they were free to enjoy +themselves thoroughly, so that their fun did not run into mischief. Thus +her children associated their mother with their pleasant memories of +enjoyment and she never went amongst them that her presence was not +hailed with joy. + +With their education strictly so speaking, she was equally particular, +though her duties prevented her from conducting it herself. She saw +however, that the person, Miss Lucy Stone, a native of Massachusetts and +educated in Boston, to whose care they were for some years confided, and +afterwards Miss Forneret, the daughter of a retired officer of the +British army and educated in Paris, was worthy of the charge. + +With their school tasks she was herself familiar and saw that their +minds were not overtasked, and now and again cautioned Miss Stone to +suit the lessons to their ages and capacities, saying "strengthen and +instruct, do not tire the mind." + +Sometimes she questioned them herself to ascertain whether they +understood their own lessons rather than learnt them by _rote_ without +taking in the meaning of them. Often during hours of recreation, she +spoke of the means of acquiring information and said there were five +eminent methods whereby the mind is improved in the knowledge of things, +namely by observation, reading, instruction by lectures, conversation +and thought or study. What was meant by these terms she fully explained, +and lest she might fatigue and create a distaste for learning by such +serious discourse, would on occasions with much tact glide into lighter +themes, and tell stories teaching valuable lessons, through this medium, +every story having a moral which the young people were left to draw from +the incidents of the narrative. Information was thus conveyed to their +minds without fatiguing them, so that to learn from her was a positive +pleasure. She taught them also to write little stories by making +pleasant suggestions to them. Never shall the writer forget his +admiration for her talents, readiness and efficiency when she would at +their request sometimes condescend to write one herself. It was sure to +be effective and set us thinking. Nor his gratitude for aid, when he +was confronted with the task of answering his first letter. A few days +after its receipt sitting down in the presence of his mother he +commenced a reply. His ideas would not flow in orthodox channels, he +could think of nothing to say that did not have reference to the farm +and stable, and begged his mother to give him some assistance. "No," she +answered, "do your best, I will then examine and correct it, or write +something for you." + +After completing his note which was redolent as may be imagined of the +farm and barn yard with its pigs and fowls, he gave it to her. She +laughed heartily at his first effort, but sweetened what he thought her +irony by a little praise. It was not, however, she said, the kind of +letter his aunt would expect or care to read. She then in a few moments, +without taking her pen from the paper, dashed off a letter of sparkling +diction and fascinating humor. Surprised, amazed indeed, at her +readiness and power of description, delighted at what appeared to him +her wonderful success, proud of her as his mother and withal grateful +for her assistance, he threw his arms round about her neck, covering her +with kisses and exclaiming, "Why Mamma, you are indeed a genius--a giant +of the pen. I never will be able to write like that." + +His first guide and his earliest critic, he soon learned from her that +affection for literature which has afforded him so much solace in his +chequered life. Availing herself of this occasion the mother impressed +upon the son the advantages of aiming at perfection in everything he +undertook. + +The tenor of her remarks may be thus summarized: unless aimed at we +certainly would never attain perfection while frequent attempts would +make it easy. She animadverted upon idleness and indifference, remarking +that in the comparatively unimportant matter of writing a letter as it +was considered, we should give it our greatest care, that it might be as +perfect in all its parts as we could make it. The subject should be +expressed plainly and intelligibly, and in as elegant style as we were +capable of. Before writing a sentence we should examine it, that it +might contain nothing vulgar or inelegant in thought or word; that we +should guard ourselves against attempts at wit, which might wound, or +too much levity and familiarity which was foolish and impertinent. And +seek to express ourselves with manly simplicity, free of affectation. +This was the usual style of Cicero's epistles and rendered them deeply +interesting and improving. No one could reach such excellence, without +purity in the choice of words, justness of construction, joined with +perspicuity of style. That in our letters we should not attempt what is +called fine writing, but have them, like our conversation, unstudied and +easy, natural and simple. + +In fact, she said Cicero's were the most valuable collection of letters +extant in any language, written to the greatest men of the age, composed +with purity and elegance, and without the least affectation and without +any view to their publication, which adds greatly to their merit. + +She particularly disliked extravagant, what she called "random talking," +and early warned her children against exaggeration, quoting in this +connection from her favorite work:-- + +"He that hath knowledge spareth his word, and even a fool when he +holdeth his peace, is counted wise: and he that shutteth his lips is +esteemed a man of understanding." + +Her children were also earnestly admonished against evil speaking, as +indicating a want of regard to the high and loving authority of God who +has positively forbidden it,--"If any man offend _not_ in word, the same +is a perfect man, and able to bridle the whole body"--such evil +speaking denoted a want of brotherly love and charity, of humility in +our hearts, which would teach us that we are too vile ourselves to +complain of others. + +In all her teachings the Bible was the basis of all direct religious +instruction, its facts, doctrines, histories--the law, the Gospel. She +endeavored not only to make it plain to the understanding and to impress +it on the memory, but to bring it to bear on the conscience and the +affections. Her children were taught to reverence the Sabbath-day, to +engage in daily prayer, not only for a blessing on their efforts +generally, but very especially for the "exceeding greatness of that +mighty power," which, whatever means are used, can alone raise us from +the death of sin to the life of righteousness. The Scriptures furnished, +she declared, many examples of the power of prayer. Nothing seemed to be +too great, too hard, or too difficult for prayer to do. Prayer opened +the Red Sea. Prayer brought water from the rock and bread from Heaven. +Prayer made the Sun stand still. Prayer brought fire from the sky on +Elijah's sacrifice. Prayer turned the counsel of Ahithophel into +foolishness. Prayer overthrew the Army of Senhacherib. Prayer has healed +the sick, raised the dead, procured the conversion of souls. Prayer, +pains and faith can do anything. "Let me alone," is the remarkable +saying of God to Moses, when Moses was about to intercede for the +children of Israel.--EXO., CH., XXXII. V. 10. + +So long as Abraham asked mercy for Sodom, the Lord went on giving. He +never ceased to give till Abraham ceased to pray. + +It was Anne Peyton's belief that there is no condition in life, no +occupation or profession however unfavorable it may appear to the +cultivation of religion, which precludes the possibility, or exempts us +from the obligation, of acquiring those good dispositions and exercising +those Christian virtues which the Gospel requires. + +In this manner this model woman sought to teach her children to +persevere in the right direction in spite of all discouragements, but +not to expect harvest in seed time. + +She also endeavored betimes to instil in their minds prudence and +practical knowledge, and repeated in this connection the significant +language of a motto which she had been informed, by a traveller, was to +be seen over the doorway of a Chalet in the mountains of +Switzerland:--motto containing a volume of worldly wisdom-- + +"Speak little, speak truth, spend little, pay cash." + +In the household her presence was felt from the kitchen to the attic. +She ordered all the domestic arrangements--neither handing over the +management of her house to the servants, or her children to nurses and +governesses. She superintended in a way to see personally that all was +as it should be. Careful in these matters, she was equally solicitous +that her daughters should understand the proper method of regulating a +household, and how to provide for the want of a family. For this purpose +she instructed them herself how to purchase, or select the different +articles required for home consumption; how to choose the various kinds +of meat, fish and poultry, and then how properly to cook them. They were +also instructed in the art of making tarts, puddings and even +confectionary, many a happy evening has the writer spent with his +sisters and their young school friends at what juveniles called a +"toffee-party." She said this kind of knowledge made them independent of +ignorant servants, and was not detrimental to the dignity of any lady, +mother, or daughter. She always sought to make them adepts in the +science of good house wifery, as being the most useful and honorable +knowledge for those whose destiny it is to become the mothers of +families. + +It may not be uninteresting to say a few words at this point as to the +good uses to which she applied the knowledge acquired at Mr. +Crutchfield's school, of the virtues of various herbs and plants. A case +of illness or an accident never occurred in the family, among either +whites or blacks, numbering between 60 and 100 souls, that she was not +early by the bed side of the unfortunate sufferer, and as soon as she +understood the case, prompt to apply some simple, homely remedy; for she +had specifics for all mortal maladies. If accidents occurred she had +balsams, cataplasms, ointments, &c., &c., prepared from flowers and +herbs for external application, and in cases of fevers, or other +diseases, she prescribed her decoctions, draughts, electuaries, &c., and +required these nostrums to be gulped down. From the hoarhound indigenous +to our fields, she prepared a decoction for colds, from the wild cherry +an extract for coughs, from tansey and the bark of the dogwood tree, a +tonic, from camomile, a tea of reputed virtues, from the dandelion, the +buds of the Balm of Gilead cures for dyspepsia, &c. In a word she was +provided against all forms of disease with pills, plasters, powders, +syrups, tinctures, elixirs--a whole catalogue of her own medicinal +preparations. Of course the simple manner in which she extracted the +virtues of these and other plants rendered them less potent and probably +less efficacious than the preparations of the professional chemist, but +they were generally applied or taken with good effect. + +The value of her practical knowledge in such matters can hardly be +overestimated, when it is considered how "few and far between" were the +medical men in those days in Virginia; how difficult it was to procure +drugs, or medicines and when they could be obtained, how often they +were impaired in quality by adulterations. + +These brief facts illustrative of the efficient and practical character +of this excellent mother, will, the author trusts, tend to direct the +attention of others to the study of nature as a most useful, as well as +inexhaustible source of pure and refined pleasure. + +"Not a plant, a leaf, a flower, but contains a folio volume. We may +read, and read and read again and still find something new--something to +please and something to interest, even in the noisome weed." + +Order, as may be supposed, reigned in her establishment and it was +delightful to see the children assembled at table together, with clothes +neatly put on, hands and faces clean, hair properly arranged, the table +itself laid as if company was expected. The board at the hospitable Hall +was, however, rarely spread without being enlivened by the presence of +guests. John Howe Peyton's public position no less than his social +tastes made it a necessity as well as a pleasure for him to see a great +deal of company. He entertained the Federal and State judiciary and +their respective bars during term time; the Federal, State and County +officials; Congressional, Senatorial and Legislative representatives of +both parties; the Rectors, Visitors and Professors of our great seats of +learning; the Bishops and Clergy; such officers of the Army and Navy as +were from time to time in the county, and of the Militia; and all +strangers. The Hall was thus the resort of eminent persons, male and +female, and it may be truly asserted that all received there lessons in +accomplishments. The wisest and most gifted men found beneath that +refined roof something beyond woman's prerogative, the power to call +forth, as with a fairy's wand, all that is most intellectual in their +masculine natures; they found assistance and advice, as well as +interest and sympathy. Eloquence, politics, philosophy were alternately +discussed; and when these proved too severe, the lighter arts of +conversation were successfully tried, varying to the humor of the +moment. + +She was, in a word, the light and ornament of her home, presiding over +it with dignity and grace, looking after her children and providing for +the wants of a large dependent population of negroes; and yet finding +time to seek out and relieve the necessitous in the community. + +Though at this time many of Mrs. Peyton's good qualities were not +sufficiently obvious to the writer, such as her practical household +virtues, because he was still too young to understand how much good +management and general good sense is required to conduct domestic +affairs properly; and fancied she took upon herself too much the duties +of a housekeeper, he has had sufficient experience in after life to set +the right value upon them, and to do her full and ample justice. + +In those days it was his great delight to see her in company, displaying +her wit and knowledge. She acquitted herself so well, never asking a +silly question, or giving a foolish answer and sustained her part by her +general abilities and knowledge so admirably in intellectual +conversation, and inspired such respectful attention from clever men +that he keenly appreciated her accomplishments and was as proud of her +talents and address, as he has since been of her character, which +comprehending fully in maturer years he recognizes as a combination of +all that is noble and excellent. + +With this insight into her character and domestic life it is easy to +understand that she was universally respected and drew all, more +especially her children, to her by the cords of love,--that perfect +confidence existed between her and them. They felt they could trust her +with the full faith of innocent childhood, and never did she turn them +away by coldness, sending back the warm current of their love chilled to +its source: never did she check the outpourings of their confidence by +severity; never did they turn from her grieved and disappointed by want +of sympathy. + +To the writer she was peculiarly affectionate, kind and considerate. She +never wearied of imparting good advice to him making opportunities to +expatiate on certain virtues and vices. She particularly dwelt upon the +necessity of industry, if a young man wished to secure anything good, +valuable, or worth having in this world. The substance of her teachings +was that the world and all things around us, remind us of the necessity +of labor, for though the earth, by the blessing of the Almighty, +produces food sufficient for man and the various animals that inhabit +it; yet, without labor, it would become a wilderness, covered with +briars and thorns. But besides food and clothing our nature required +that we should provide shelter against the inclemency of the weather; +these are continual calls upon us for self-exertion which contributed as +much to our happiness as to health. Moderate labor promoted the free +circulation of the blood, and carried off disorders, which indolence +would occasion; the laboring man eats his bread with an appetite to +which the idle and the voluptuous are strangers; his sleep is sweet, and +his rest undisturbed. As for industry it was rewarded in many ways: "The +hand of the diligent maketh rich. He that gathereth in summer is wise, +but he that sleepeth in harvest causeth shame."--Prov., ch. x, v. 4. "He +that would thrive, should rise by five;" and as Poor Richard observes, +"Himself hold the plough or drive." + +"The difference between rising at five or seven in the course of 40 +years, supposing a man to go to bed at the same time he otherwise would, +amounts to 29,000 hours, or three years, 121 days and 16 hours, which +will afford 8 hours a day for exactly ten years; so that it is the same as +if ten years were added to our lives, in which we command 8 hours a day +for our improvement in useful things." + +But besides lengthening, industry sweetens life; the habitation of the +industrious man is comfortable and clean, and his careful wife is truly +his counterpart, always usefully employed. Difficulties in this life, +however, must be expected--they should not depress or discourage +us,--they were necessary to quicken us to exertion and disappeared +before a determined resolution to accomplish our object. Even in +Paradise man was not allowed to be idle: "The Lord God put him into the +Garden of Eden to dress it and to keep it."--Gen., ch. ii, v. 15. And +ever since the fall, as part of the curse entailed by sin and mortality, +its consequence, the sentence of God has come forth--"In the sweat of +thy face shalt thou eat bread."--Gen., ch. iii, v. 19. The very angels +of Heaven were ministering Spirits who performed the Divine will +cheerfully, actively, and diligently. A man's affairs run fast to ruin +who allows his powers to lapse into indolence and sloth, and thus +according to the wise man: "He becometh poor that dealeth with a slack +hand; but the hand of the diligent maketh rich;" and "seest thou a man +diligent in business; he shall stand before Kings; he shall not stand +before mean men." + +This was the general direction of her thoughts when in graver moments +she sought to prepare her children for the career of life. Having +represented the means and the value of success in worldly matters lest +the imagination might be unduly excited, she would suddenly remind them +that there was a purer, brighter, nobler world than this; a world where +there is no ignorance to darken, no error to mislead, no infirmities to +lament, no enemies to assail, no cares to harass, no sickness to endure, +no changes to experience, but where all will be perfect bliss, unclouded +light, unspotted purity, immortal tranquility and joy. + +It is easy to understand that their childhood was happy, and that all +their recollections of it are associated with their mother, who in her +capacity as wife and mistress of the family was responsible, by reason +of their father's repeated absences, for the general arrangement and +combination of the different elements of social and domestic comfort. +She was arbiter in all their trivial disputes, the soother of all +jarring and discord, the explainer of all misunderstandings, and in +short the main-spring of the machinery by which social and domestic +happiness was constantly supplied both in her household and within the +circle she adorned. + +In the wider sphere, beyond the family circle, she was known by acts of +benevolence, rather than as one endeavoring to conform to the world. She +did not strive at the same time to be a follower of the fashions and +maxims of the world and a friend to Him who has declared "The friendship +of the world is enmity with God: Whosoever therefore will be a friend to +the world is the enemy of God." + +Her piety was sincere and unostentatious. Her religion was that of love +and good works. Her daily life was her most beautiful teaching and all +her children, more particularly the elder ones, carry into their lives +the influence of the time spent in daily intercourse with her. + +Yet she did not neglect the cultivation of social happiness--only she +knew where to draw the line between light and darkness--how to enter +into and enjoy the blandishments of society without lapsing into +worldliness of spirit. In conversation she was ready, animated and +interesting, and impressed all with her superiority. + +After her marriage Anne Peyton devoted every hour she could appropriate +from other engagements, for several years, to a regular course of +reading, and to the end of her life gave much time to books. She was +familiar with the classic authors of the Grecian and Roman worlds, and +the choicest belonging to our English and American literature. From them +she quoted freely both in conversation and letters. She was particularly +fond, among the poets, of Chaucer, Shakespeare, Milton, Dryden, Pope, +Cowper, Gray, Burns, Wordsworth, Byron, and of those pleasing essayists, +Addison, Goldsmith, Dr. Johnson and Washington Irving. Under the advice +of her husband she read the histories of Robertson, Hume, Gibbon, +Prescott and Bancroft, and the novels of Defoe, Richardson, Fielding, +Scott, Cooper and Irving. + +In public affairs she was well informed and took a lively interest. A +supporter of the Old Whig party, few men, not in public life, were more +thoroughly acquainted than herself with political affairs. Conservative +in her feelings, she strongly disapproved the ultra democratic opinions +of "Old Hickory" and his successor in the Presidency, Martin Van Buren. +Periodical election for offices; the ostracism of political opponents; +the extension of suffrage to non-property holders; the recurrent +election at short intervals of Judges by popular vote, she considered +one and all fatal innovations on our ancient laws. It was her belief +that such measures would lead to degeneracy in our Statesmen, drive from +public life the better class of citizens, and let in demagogues, and +with them introduce speculation, public plunder, and general corruption +and incompetency. And the recent (1874-75) disclosures at Washington of +bribery in connection with the War-office under General Belknap, one of +the principal Secretary's of State, the trial of General Babcock, the +President's private Secretary, for complicity in the Whiskey frauds, the +credit mobilier combinations, or "rings," and other instances of +official rottenness and corruption go a long way to establish her far +seeing sagacity. A true lover of her country, she exercised her power as +a Christian mother to inspire in the hearts of her children a profound +and thrilling sense of patriotism. + +In every respect a remarkable and attractive character, her history may +be safely studied as a model and example. There is not a house in +Virginia where the story of her domestic virtues, were it properly told, +would not be welcomed, and in which it would not do good. Had she not +been encumbered with the cares of a large establishment and the rearing +of a numerous progeny, to both of which she devoted herself with +thorough self-abnegation, she would doubtless have turned her attention +to the pursuit of literature and might have rivalled the fame of Hannah +More, Maria Edgeworth, Caroline Burney, Frederica Bremer, Mrs. Stowe, or +any of the distinguished female writers of America, past and present. + +A true type she was of the mothers of our Colonial and Revolutionary +era, the mothers of those great and good men, bred amidst the trials of +the border, who founded our Government upon the principles of liberty, +equality and fraternity. + +This is the picture, roughly sketched, of the character of that +excellent woman attempted to be brought out by brief forcible touches +from personal impression of her leading features, rather than by +carefully weighed and balanced summaries. She was "one of many," a model +of the mothers of Virginia from whom have sprung that long list of +illustrious sons from Washington and Lewis to Lee and Jackson, men who +have shed imperishable glory upon their race and country, and won for +Virginia the proud title of being the "Mother of Statesmen as well as of +States." + +In April 1847 a great sorrow fell upon that happy home of Montgomery +Hall, by the death of the great and good head of it. + +Shortly after this event her health failed and she died surrounded by +her children, July, 1850. An event of which the writer has never lost +the impression, and in connection with which more than once have Gray's +words recurred to memory, when, near the close of his life the poet, in +writing to a friend says:--"I had written to inform you that I had +discovered a thing very little known, which is, that in one's whole life +one can never have more than a single mother. You may think this obvious +and what you call a trite observation. You are a green gosling! I was at +the same age very near as wise as you; I never discovered this with full +evidence--I mean till it was too late. It is thirteen years ago and +seems but as yesterday; and every day I live it sinks deeper into my +heart." + +So it is in the author's case, he never knew the extent of his +misfortune until it was irreparable. And now when looking back upon her +life, after a quarter of a century, it is with a sorrow chastened, and +brought into subjection, but not obliterated by time! Taking a +retrospect of her life the writer can think of nothing with which her +friends could reproach her, unless it be a disregard of her own health +and comfort. + +So unselfish was she that it pleased her most to bestow upon others the +best of every thing she could obtain. If her charities and sphere of +usefulness were limited it was no fault of hers--within her sphere she +did her duty and her whole duty. All her actions sprang directly and +solely from a sense of duty and was sustained by a healthy delight in +its performance. Her life was a sincerely happy one. She was happy in +her marriage and in her children, in her literary and domestic pursuits. +She busied herself in philanthropic and educational reforms, and was one +of the warmest advocates of the foundation of the Virginia Female +Institute in Staunton, one of the most flourishing colleges in the Southern +States for the education of women. To this fund John Howe Peyton +liberally subscribed, and he was President of the first Board of +Trustees. + +Although of an impulsive nature, her religious feelings, like her +social, were deep and permanent. Socially she was genial and +companionable and a favorite with both old and young. With the young she +was ever ready to talk and encourage them in their plans and studies, +and she always had sympathy, advice and counsel for old and young when +in trouble. + +Her temperament was naturally somewhat quick. She was conscious of this +infirmity and happily overcame it. Not giving herself credit, however, +for the patience she had acquired, she has often with a womanly tear in +her eye, regretted to the author that she was so easily excited and in +the excitement so precipitate. She begged her children to be on their +guard against such an enemy to our peace, quoting, "he that is slow to +anger is better than the mighty; and he that ruleth his spirit than he +that taketh a city." + +In our intercourse with society, she urged that it was our duty to curb +any tendency to hastiness of temper, for as a gentleman cannot take an +affront, she said, he should be very cautious how he gives one; we +should persevere in all that is right, and allow no weak desire of +pleasing to tempt us from the paths of virtue. In this way she proved +herself the sincerest of friends and the wisest of counsellors, and +prepared her sons for "The court, the camp, the field, the grove." + +Such in general terms was this model matron, this "mother in Israel" who +deserves more than this brief notice, especially from her children whom +she loved so well. This simple outline of her character and career, it +is hoped, may not be considered unworthy of perusal. Gentle, +affectionate and lenient, she was beloved by all who knew her. Happy in +herself, she diffused happiness not only through the immediate circle +which she, like a star illumined, but warming with a brilliance as +effective as beautiful, all within her range. + +Her understanding was good as her heart, and few human beings ever lived +blest with a more cheerful disposition, a more generous spirit or a +tenderer soul. + + + + + TO THE MEMORY OF + + MRS. ANNE MONTGOMERY PEYTON. + + OF "MONTGOMERY HALL," AUGUSTA COUNTY, VA. + + + True daughter of Virginia's soil, + Scion of a noble race, + Thy virtues, tho' by bards unsung, + Hold in fond heart's a place, + Which time with its dark sullen tide + Can ne'er dim or efface. + + Reared in a "sweet sequestered vale," + Where flowers the fairest grew, + And blossoms on their native hills, + In beauty's varying hue; + Mere crystal streams down Mountain's side + Bright sprays of silver threw. + + And thou, so like those blushing flowers, + Whose buds the Sun's soft ray + Had kissed, until new beauties burst + With every dawning day, + And thy young heart free as those streams + Whose waters idly play. + + Endowed with learning's richest gift, + A bright peculiar star, + Thou mov'dst in social widening range, + With not a shade to mar + Or dim the lustre soft and bright + That blazed and shone afar. + + The mystic spell of nature's charms + Thy being closely bound, + And in each changing, passing scene, + Thou some new pleasure found, + And youthful hopes, and youthful dreams, + By fortune's smile was crowned. + + And when removed to other spheres, + The love that warmed thy breast + Shed 'round its rays with power that soothed + Sad, aching hearts to rest, + For of all gifts to fellow-man + Sweet sympathy's the best. + + Then children gamboled 'round thy knee, + In childhood's glad delight, + Thy watching eye marked well the road + Which led them to the right; + The straight and narrow way which leads + Up to the heavenly height. + + True daughter of Virginia's soil, + Mother of an honored race, + Thy memory in thy children's hearts, + Still holds its loyal place, + And years in their mad sweep and rush, + Will ne'er dim or efface. + + Wren's "_Echoes from the heart_," p. 214. + + + + + APPENDICES. + + + A. + + THE DESCENDANTS OF JOHN H. AND ANN M. PEYTON. + + 1. Susan Madison Peyton, born 1822, m. Col. John B. Baldwin, no issue. + + 2. John Lewis Peyton, born 1824, m. Henrietta E. C., daughter of Col. + John C. Washington, of North Carolina, and niece of Gov. Wm. A. + Graham, Hon. James H. Bryan, etc., and have issue, one son, _Lawrence + Washington Howe Peyton_, born 1872, a distinguished graduate + V. M. I., having taken the 2d Jackson-Hope medal and the degree of + C. E. In 1894-'95, Capt. Lawrence W. H. Peyton, after a law course + at the University of Virginia, is Assistant Professor of Mathematics + in the Virginia Military Institute, Lexington. + + 3. Anne Montgomery Peyton died unmarried. + + 4. Mary Preston, m. R. A. Gray and has issue: 1. Robert; 2. Susan + Peyton, m. to Rockingham Paul, brother of Hon. John Paul, United + States District Judge for Western Virginia, and have one son, John + Gray Paul; 3. Isabella, m. Dr. Salmon Welsh, of Annapolis, Md., one + daughter; 4. Howe Peyton Gray, m. Bessie Massie and has issue, two + children: 1. Sally Waterman; 2. a son; 5. Preston L. Gray, who m. + Mary S. Bingham, of North Carolina, and has issue, one daughter. Mrs. + Gray and all of her children, except Mrs. Welch, are residents of + Bristol, Tenn. + + 5. Lucy Garnet Peyton, m. Judge John N. Hendren, of Augusta, and they + had a large family, but only one living; 1. Anne Peyton, m. Wm. + Patrick, of Staunton, and at her death left an only daughter, Anne + Hendren Patrick; 2. Samuel R. Hendren, a distinguished graduate of + Washington and Lee University, and in 1894-'95 a student of Johns + Hopkins University, Baltimore. + + 6. Margaret Lynn Peyton, m. George M. Cochran, of Staunton, and they + have living issue: 1. Susan Baldwin; 2. Anne Peyton; 3. John; 4. + Margaret Lynn; 5. Peyton Cochran. + + 7. Elizabeth Trent Peyton, m. Hon. Wm. B. Telfair, of Ohio, and at her + death left three children: 1. Wm. B. Telfair, Jr. Susan Peyton + Telfair m. James Dougherty, and they have two sons. + + 8. Yelverton Howe Peyton, who died unmarried in Texas. + + 9. Virginia Frances, who m. Col. Joseph F. Kent, of Wythe, and have + issue: 1. Joseph F.; 2. Susan Peyton; 3. Mary Preston. + +10. Cornelia Bernard, m.: 1. Dr. Thos. Brown, and they had issue: J. B. + Brown and Peyton Brown. After Dr. B.'s death, she married Wm. H. + Greene, and they have issue, two sons, Peyton W. and Newport Barnett. + + + B. + + MRS. SUSAN M. BALDWIN. + +Susan, the eldest daughter of this marriage is so remarkable for the +vigor of her intellect, her literary tastes and acquirements, for her +unselfish generosity of heart, her noble charities and lovely Christian +character, that we insert with much pleasure from the Spectator of +1891, the following tribute. + + A VENERABLE AND RESPECTED LADY. + +Mr. Wm. P. Johnson, now (1891) in the his 58th year, recently read to +the Superintendent, teachers and scholars of the Staunton Baptist +church, an interesting account of his connection with Staunton Sunday +Schools. In his narrative he says, "I can remember the old school-room +in the basement of the old (Episcopal) church, which stood where the new +(present) church stands, and the first teacher who taught me, I will +give the name of, and it will be the only teacher whose name I shall +mention. It was then Miss Susan M. Peyton, who was after several years +teaching, married and became the beloved wife of one of Augusta's most +brilliant and gifted lawyers, the Hon. John B. Baldwin. I shall never, +no never forget the kind Christian teachings of that grand and noble +Christian lady. It was in this school, through her teachings, that I +first learned of that dear Saviour, who came into the world to suffer +and die that I might live:" + +The publication of the above affords us the pleasing opportunity to say +that Mrs. John B. Baldwin still survives in our midst near seventy years +of age, but so impaired in health by a severe illness some years since, +that she rarely leaves her house, and then only in a carriage. She is an +object of universal love and respect: all venerate her for her piety, +accomplishments and charities. None know her but to "love her, nor name +her but to praise." A woman of gifted intellect, under the eye of her +good amiable mother, she enjoyed every advantage which precept and +example could afford, and no daughter was ever more sensible of the +obligations which she owed to maternal care. + +To a liberal and munificent spirit she joins charity, philanthropy and +beneficence and an uncommon share of dignity and firmness of spirit, for +while she converses with the lowly, even with her servants as her humble +friends, no one knows better how, in the highest society, to support +their due consequence and state. She is a great reader and full of +general information and can discourse on easy and equal terms alike with +scholars, statesmen or divines. Few indeed excel her in wit and +judgment. At Montgomery Hall, the charming home of her eminent father, +Hon. John H. Peyton, she met nearly all of the distinguished men and +women of Virginia, of his day, and has since mingled much in the society +of Richmond, Washington and New York, making the acquaintance of the +Websters, Clays, Fillmores, Tylers, Tuckers, Randolphs, Lees, Davises, +and in fact all the leading public men of the country before and after +1861. Such were her personal charms and the vivacity of her conversation +and manners that she was the life and ornament of every circle graced by +her presence. The late Judge H. St. George Tucker, father of Hon. J. +Randolph Tucker, who was, like Blackstone, a poet as well as a jurist, +wrote some beautiful lines addressed to her on her entrance into +Richmond Society in 1839, which we hope some of these days to give in +our columns.--_Staunton Spectator, March 11th, 1891._ + + + C + + CONTENTS OF A PIGEON HOLE. + +We cannot resist the temptation of preserving here the contents of a +pigeon hole in our desk. + + + A LIST OF PEYTONS IN THE REVOLUTIONARY ARMY. + + 1. Peyton, Dade, cornet 4th Continental Dragoons, 1779. lieutenant June 2, + 1779, served to 1783. + + 2. Peyton, Henry, major, and killed at Charleston May 12, 1780. + + 3. Peyton, John, 1st Lieutenant 2nd Virginia Regiment, 1776, wounded at + the battle of Brandywine 1778. + + 4. Peyton, Robert, of Virginia; 2nd Lieutenant 3d Va. Regiment, 1777, + killed at Brandywine Sept. 11, 1777. + + 5. Peyton, Valentine, Captain 1777, killed at Charleston, S. C. May 12, + 1780. + + 6. Peyton, William, of Kentucky. + + 7. Peyton, John Rowze, 1776 to 1783, the "hero boy of '76." + + 8. Peyton, Robert, of Tennessee, killed by the Indians. + + 9. Peyton, Yelverton, of Virginia. + +10. Peyton, Captain John, 1776, Clothier General 1779. Quartermaster + General 1782, of Fluvana Co. + +11. Peyton, Harrison, Captain 1776, of Albemarle Co. + +12. Peyton, Colonel Henry, Co., Lieutenant of Prince William 1755, Member + Legislature 1761, Sheriff 1779 (see Sharp, life of Washington, vol. + 2nd, p. 73.) From whom descends Col. John B. Baldwin, and Mrs. A. + H. H. Stuart. + +13. Peyton, Major Henry, of Lee's Legion, died in the service. + +14. Peyton, Timothy Killed by the Indians in Ky., 1786-7. + +15. Peyton, Colonel Francis, of Loudoun, Colonel 1776, Member of Va., + Convention of 1776. Member of Legislature 1780, of the Senate + 1789 to 1803. + +16. Peyton, Francis, M. D., Surgeon in Lee's Legion. Washington said he + and his brother were two of the best officers in the army. (see + Sharp, Washington, vol. II, p. 273.) + +17. Peyton, Yelverton, of Stafford, Va., born during the Revolution and + ensign in U.S.A., 1st Infantry 1794. + +18. Peyton, Valentine, M.D., Surgeon in Rev'y. army, brother-in-law of Col. + Wm. Washington, of S.C. + +19. Peyton, Ephraim, of Tenn., served 1774 vs. the Indians, from him Balie + Peyton springs, also Chief Jus. E. G. Peyton, of Mississippi. + +20. Peyton, Capt. Valentine 3rd Comp., 3rd Va., Reg't 1778, from him + springs Col. Charles L. Peyton, of Greenbrier Co., W. Va. + +21. Peyton, John jr., of Frederick Co., from him springs Capt. Wm. L. + Clark, Peyton Randolph, late of the R. & D. Railroad, John S. + Peyton U.S.A., and H. J. Peyton, the old Clerk of the Staunton + Chancery Court. + +22. Peyton, George, ensign to Rev. Army 1776, ancestor of Col. George L. + Peyton, of Glendale, Augusta Co. + +23. Peyton, George of Ky., Continental line 1776. + + + LIST OF PEYTON'S IN THE U. S. ARMY. + + 1. Peyton, Yelverton, of Virginia, ensign in sub-legion, Aug. 1st, 1794; + lieutenant 1799; resigned June, 1800. + + 2. Peyton, Garnett, of Virginia; captain in 8th Infantry, 1799. + + 3. Peyton, Francis H., of Virginia, surgeon in 7th Infantry, 1799. + + 4. Peyton, Robert, of Virginia; captain in 2nd Infantry, 1812; died 1813. + + 5. Peyton, James R., of Virginia; captain in 1st Infantry, 1813; died + 1814. + + 6. Peyton, John S., of Virginia; captain in 2nd Infantry, 1813; resigned + 1816. + + 7. Peyton, Bernard, of Virginia; captain 1813; resigned 1816; Adjutant + General of Virginia and ex-officio President of the Board of + Visitors of the Virginia Military Institute 1839-'40. + + 8. Peyton, Richard H., of Virginia; a distinguished graduate of West + Point, standing among first in his class; lieutenant of artillery + 1831; captain 1838; served in the Seminole War, Florida, and died + November 11th, 1839, while on duty at Tampa, in Florida, and P. M. + of that place. He was one of the 12 persons who bought the land and + laid out the city of Chattanooga, Tenn., foreseeing its future + importance. + + 9. Peyton, Balie, of Tennessee; member of Congress in 1833; United States + District Attorney for Louisiana 1837; in 1841 appointed Secretary of + War by President Harrison, but declined to accept it under President + Tyler; colonel of 5th Louisiana Regiment in the Mexican War; aid to + Gen. W. J. Worth and mentioned for gallantry in the battle of + Monterey; voted a sword of honor by Louisiana, said sword is now a + trophy of the Civil War and in the capitol of Minnesota. He was + envoy ext. and minister plenipotentiary to Chili from 1849 to 1853; + presidential elector on Bell and Everett ticket in 1860; member of + the Senate of Tennessee 1865-1869. The town of Peytonville, Tenn., + named in his honor. Recommended by Thurlow Weed to President Lincoln + for Sec. of War in 1860 (see 5th vol. of C. L. Webster's history of + American Literature.) + + + EARLY LAND GRANTS TO THE PEYTON'S. + +Peyton, Henry, Book 4, p. 255, 400 acres in Westmoreland Co., Va., Nov. + 1st, 1657. + +Peyton, Valentine, Book 4, p. 42?, 1600 acres in Westmoreland Co., July + 20th, 1662. + +Peyton, Major Robt., Book 7, p. 81, 1000 acres in New Kent Co., April 23, + 1681. + +Peyton, Robert, of Gloucester, Book 7, p. 233, 150 acres in Kensington + parish, Gloucester Co., Va., Feb. 20th, 1682. + +Peyton, Thomas, Book 17, p. 524, 100 acres in Gloucester Co., June 16th, + 1738. (See Benning, vol. 3, p. 566, and Land Registry office). + + + ANECDOTE OF GEN. PEYTON OF KENTUCKY. + +It was customary, thirty years ago, for the ladies to attend political +pic-nics, or "barbacues" as they are called "out west." This was +particularly the case in the exciting contest between General Leslie +Coombs and John C. Breckenridge for a seat in Congress in 1840. Out of +this affair grew the authentic story of the beautiful widow--called the +"gem of the prairies." Not far from the Elkhorn river lived the pretty +little widow; Mrs. Fauntleroy, whose nearest neighbor was Major-General +John Peyton. The gallant general looked upon the widow very much as he +did upon his thorough-bred horse, Powhatan. She was the finest woman +and Powhatan the finest horse in the "Blue grass" district. Mrs. F. had +mourned the loss of her husband more than twelve months; while the +General--who was punctilious as to etiquette--waited patiently for the +time to elapse in order to propose: The widow kept, with a woman's art, +her lover at bay. He with her attended a pic-nic and on their return he +declared his confidence in the success of the Whigs. The widow was +equally confident of the success of the Democrats and offered to wager +her palfrey "Gipsy" against Powhatan--the General accepted the wager and +said, "it should be Powhatan or anything else she preferred on his +estate." They had now reached the river (Elkhorn) and were about to ford +it, when they were overtaken by the General's only son and heir John +Peyton, an athletic and spirited young Kentuckian of 24 years. The party +struck into the water. The east bank was steep and slippery, and as the +horses were clambering up, the girth of Mrs. F.'s saddle broke, and the +lady and saddle fell back into the stream, while the unencumbered horse +mounted the bank with the swiftness of an arrow. In an instant John +Peyton leaped from his horse into the stream and seizing the floating +lady bore his lovely burden to the shore. The frightened lady recovering +her self-possession requested the General to secure her horse, which was +making off rapidly. The General disappeared and soon returned with the +animal, finding his son and the widow in fine spirits and very merry +over the adventure. She was soon mounted again and proceeded home with +the General, while John struck across the meadows for his father's +mansion. On reaching the Fauntleroy seat, General Peyton was easily +persuaded to remain to dinner, after which the widow entertained him +with some of her sweetest music. When he bid her adieu that night, his +ponderous frame thrilling with the electrical touch of her hand, he +inwardly felt that she was the most perfect woman and sweetest +songstress in all Kentucky. + +That night in his dreams the little widow was so often repeated that he +resolved to propose on the next meeting. Business called him to +Louisville the next day and detained him until after the election which +resulted in the defeat of the Whigs and in the election of Breckenridge. +General Peyton was both astonished and indignant. + +"Mr. Clay's district has disgraced itself," was almost his first remark +to his neighbor, Colonel Beaufort. + +To his son John, he communicated his intention of bringing Mrs. F. to +adorn his establishment. + +"Sir, she is" said he, "the finest woman in Kentucky--the pride of the +'blue grass' district. I hope you will, notwithstanding her youth, treat +her with deference and respect, and yield her the love she has a right +to expect from my son!" + +John, with a quiet but knowing smile, assured the General of his +determination to accord affectionate respect to whomever he might choose +for a wife. The old soldier was delighted and ordered Powhatan to be led +to Mrs. Fauntleroy's. "Sir," said he to his son, "the Whig party has +disgraced itself and Mr. Clay's district, and I must part with my +favorite horse Powhatan, who has no equal in the Commonwealth. I have +just ordered him to be delivered to Mrs. F. and am about to call, will +you accompany me?" The son consented, and when they arrived they found +Mrs. F. and two lady friends admiring the splendid animal. + +"Madam," said the General, addressing the pretty widow, "I have come to +pay the wager I have lost--Powhatan is yours." + +"But General," interposed the lady, "I believe the wager was +conditional. It was the horse or anything else I might prefer on your +estate, was it not?" + +"Right you are madam," said the General, "but I can never allow you to +select an inferior animal, and I have none that approaches Powhatan." + +"You have a very superior biped on your estate, General," replied the +blushing widow, "your son, John, whom I have already promised to accept +instead of Powhatan." + +The astonished General, defeated for the first time, summoned his +fortitude, and after recovering from the stunning effect of the widow's +speech, rose and in his blandest manner bade the party adieu. To his son +he said--"Sir, you will remain and do your duty." + +The General never entirely forgave his daughter-in-law her practical +joke. In after years he used to say, "Lilley is the finest woman in +Kentucky, but she always lacked taste." + + + COL. HENRY PEYTON--A HERO OF 1776. + + INTERESTING LETTER FROM JEFFERSON TO C. PEYTON, OF ALBEMARLE. + +We publish below an interesting letter written by the illustrious +Jefferson, author of the Declaration of Independence, to his connection, +the late Craven Peyton, Esq., of Monteagle, Albemarle county, Va. Craven +Peyton was one of the first gentlemen of his day in Virginia, but his +tastes were social and literary rather than political, and he passed a +long and useful life in the quiet of his plantation, loved and admired +by all who enjoyed the privilege of his friendship and partook of the +elegant hospitalities of his old Virginia home--one of the stately +mansions and most extensive landed estates in Virginia. He married Miss +Lewis, a niece of the President, and left among other issue a son, +Charles L. Peyton, of Greenbrier, now surviving at an advanced age, and +a daughter who married an esteemed townsman, William C. Eskridge, Esq., +the father of William Peyton Eskridge, of this city. Craven Peyton was a +nephew of the Revolutionary patriot, Colonel Henry Peyton, whose third +and last son, old enough for military duty, was killed by a cannon ball +from the British fleet during the siege of Charleston, S. C. He fell +into the arms of the late Lieut., afterwards Gen. Porterfield, of +Augusta, who immediately communicated the sad intelligence of his death +to his father. Col. Peyton, when he heard of it, was struck dumb with +grief, but in a moment recovering his equilibrium and self-control, +exclaimed, "_Would to God I had another to put in his place._" Such was +the stuff of our Revolutionary heroes. Col. Henry Peyton was the father +of Miss Fanny Peyton, wife of Chancellor Brown, and great-grandfather of +the late distinguished and still lamented Col. John B. Baldwin and Mrs. +Alexander H. H. Stuart:[30] + + [30] From this branch of the Peytons are also descended Mrs. J. M. + Ranson, of Jefferson county, W. Va., Captain William L. Clark, of + Winchester, Va., Mrs. R. T. W. Duke, of Albemarle, the late Judge J. E. + Brown, of Wythe, Mrs. Hunter McGuire, of Richmond, Mrs. Robert Gibson, + of Cincinnati, and many others of worth and distinction in Virginia, the + South and West.--R. A. B. in Richmond Standard. + + Monticello, August 12, 1821. + +_Dear Sir_--Instead of answering your letter yesterday, I desired the +bearer to tell you I should see you at Monteagle to-day, being anxious, +also, to see my sister before I set out for Bedford, whom you mention to +be still unwell. I accordingly mounted my horse just now to visit you, +but found him so lame I was obliged to turn back. With respect to the +fodder I had, on Mr. Bacon's suggestion, searched for and found the +account of it, which he had given me, at the time and I had forgotten; +that, therefore, is right and there can be no difficulty between us. I +have not yet learned from Mr. Estor Randolph when he will be able to +make me payment. The moment he does I will transmit to you. I have not +yet urged him, because I know he is a most anxious man always to pay a +debt and that he will soon inform me. With respect to ----, if he ever +becomes a sober man, there will be no difficulty of reconciliation on +Anne's account, but as long as he is subject to drink, his society is +dangerous and we shall reject it. + +I shall be glad to know the exact state of my sister's health; and pray, +if she needs it, that Dr. Watkins may be requested to attend to her, and +to place it on my account. I shall not stay more than a week in Bedford. + + Affectionately yours, +Craven Peyton, Esq. TH. JEFFERSON. + + + OLD LETTER OF COL. JOHN L. PEYTON. + + TO HIS UNCLE, MAJ. T. PRESTON LEWIS. + + Shirley, near Staunton, Feb'y 28th, 1858. + +_Dear Uncle:_ + +I was much gratified to get your letter, brief as it was, a few days +since, and was surprised to hear that you had been so long and so +seriously indisposed. I hope by this time you have entirely recovered, +and if not, I must renew my suggestion and invitation to you again. My +suggestion that you ought to leave Washington for a time, and my +invitation that you should pass that time in the fresh air and quiet +comforts of my house at Shirley. By coming and staying a month or two +with me you might be permanently improved in health, and it would not, +as you seem to apprehend, increase your expenses, or cut off your salary +in Washington. Gov. Floyd, under the circumstances of the case would not +hesitate to grant you a furlough. The pleasure I would enjoy from your +society would be very great, and my wife asks me to assure you that +nothing would give her more pleasure than to have you come. + +The weather here is charming, and spring-like, which is something +unusual at this season, but is what we expected after the vile "spell" +we have had for the past five weeks. + +Staunton has been quite up in the books this winter between lectures, +concerts, auctions, exhibitions and other pastimes and amusements. + +Among the eminent strangers we have had lecture here, was George D. +Prentice, of the "Louisville Journal." I did not hear his lecture, but +dined with him one day while here at Judge J. H. McCue's, and confess I +was not much impressed which is still further evidence of the soundness +of the opinion I formed when travelling west in 1848, namely: The +farther I went west the more convinced I was that the wise men came from +the East. + +Few persons left here for Richmond on the 22nd, and those who did were +so worried by the great crowd that they saw little, and enjoyed what +they saw, less. + +Everett's[31] oration surpassed any anticipations I had formed of it, +while Hunter's fell far below the public expectation. What can +compensate a man for falling below the public estimate on such an +occasion! It almost drives a man to believe every effort a mockery--and +that he is apt to reap by his efforts not fame, but despair. + + [31] Edward Everett's Oration on Washington. + +Crawford's statue of Washington is said to be the finest specimen of +the kind extant, by the side of which that hobby-horse concern, Mill's +Statue of President Jackson, in Washington is a miserable failure. The +"horse" of Crawford is agreed to be above praise, while that of "Mills," +in front of the President's house is said to be a ewe-necked tacky, a +mealy-mouthed, wall-eyed brute, who looks as if old Jackson, in the +language of a Tennessee poet: + + "Had placed on him a bridle and a saddle, + Then on his back had leapt astraddle." + +and had been ever since fastened there by iron rods, which are said to +run up the horse's hind legs, keeping him on an equipoise, and forever +facing the White House. + +Among those who were attracted to Richmond was Howe, but what, (if any) +impressions were made on his mind, is not known, as he has since +observed a severe silence. + +I was not surprised to learn of the rage for fashion and extravagance in +Washington. It is always so with the _parvenues_, whether in Washington +or on 5th Avenue. The "new-rich" have no other way of bringing +themselves into notice and contempt. They constitute a beastly crew, who +change their principles much oftener than their linen. I cordially +participate in your feelings of disgust for such a gang. + +Betty joins me in affectionate salutations. Hoping to hear from you +soon, I am dear Uncle, as ever, + + Your affectionate nephew, + + Thos. P. Lewis, Esq.,} JOHN LEWIS PEYTON. + War Department, } + Washington, D. C. } + + + LETTER OF COL. JOHN LEWIS PEYTON. + +A DISPUTED POEM--PROOF THAT THE EARL OF DERBY DID NOT WRITE THE POEM TO + GENERAL LEE. + + Staunton, Va., December 3, 1877. + +_To the Baltimore Gazette:_ + +In your paper of the 30th of November you introduce the following lines, +with the remark, "_On the fly-leaf of the copy of the Iliad given by the +late Earl of Derby to General Robert E Lee were the following verses_:" + + The grave old bard, who never dies, + Receive him in our native tongue; + I send thee, but with weeping eyes, + The story that he sung. + + _Thy_ Troy has fallen--thy dear land + Is marred beneath the spoiler's heel; + I cannot trust my trembling hand + To write the grief I feel. + + Oh, home of tears! But let her bear + This blazon to the end of time; + No nation rose so white and fair, + None fell so pure of crime. + + The widow's moan, the orphan's wail, + Are round thee; but in truth be strong; + Eternal right, though all things fail, + Can never be made wrong. + + An angel's heart, an angel's mouth, + (_Not Homer's_) could alone for me + Hymn forth the great Confederate South; + Virginia first--then Lee. + +Permit me to say that you are in error in attributing these lines to the +late Earl of Derby. Lord Derby was an eminent statesman, as well as +distinguished scholar, and during the whole period of the civil war in +our country was the leader of the opposition, or Tory party in the +British Parliament. Never during this time did he criticise adversely +the policy of Lord Palmerston in refusing recognition to the Confederate +government. So far from it, he distinctly and repeatedly announced his +concurrence in the course of the British cabinet. Had he been at the +head of her majesty's government at that period I am satisfied that he +would have adhered strictly to the policy of Palmerston and Gladstone in +this particular. This was his firm position, though urged to use his +influence to secure Confederate recognition by many influential +gentlemen of the Tory party, among them Sir Seymour Fitzgerald, the +present governor of Bombay; Mr. Beresford Hope, M. P.; Mr. Gregory, M. +P. for Galway, and others not so well known in this country. + +Such was Lord Derby's anxiety to relieve the distress arising from the +cotton famine in Lancashire, lest it might lead to popular agitation in +favor of a recognition of the Southern States, that he made a single +subscription to the relief fund of L5,000. Not only in this case, but in +many others throughout the war, he showed himself anything else than +what was styled in those days in England "a friend and sympathizer with +the South." + +It is not at all likely, then, that his lordship would, whatever his +admiration of the character and military genius of General Lee, have +addressed him the foregoing lines, nor is it true. The lines were +written by a young and gifted English poet, now no more, _Philip +Stanhope Worsely_. Mr. W. was a scholar of Corpus Christi College, +Oxford, and died about ten years since. He gave the world in 1861 a +translation of the Odyssey in the Gregorian stanza--one of the most +pleasing hitherto produced--and in 1865 published a translation of the +Iliad in the Spenserian stanza. A copy of this latter work he sent to +General Lee, with a little poem of presentation written on the fly-leaf. +It was seen by the General's friends, who requested a transcript of the +verses for publication, but he would never permit them to be printed, +his native modesty shrinking from the warm panegyric they embodied. Now +that both poet and soldier have passed away there is no good reason why +they should be withheld from the public eye, and I must express my +gratification at seeing them in _The Gazette_. At the same time it is +due to the memories of both that the error into which you have +unconsciously fallen should be corrected, and this is the sole motive +with which I have addressed you this brief and hasty note. + + J. LEWIS PEYTON. + + + + +INDEX. + + + Abandons the Jackson party, 11 + + Alexander, Dr., 53 + + Alexander, John, 130 + + Account of his visit to Kentucky, 51 + + African colonization favors, 79 + + Ablest criminal lawyer in Virginia, 84 + + Academy, the Staunton, 10 + + Adams, John Quincy, 11 + + Adams, Dr., 37 + + Appendices A, 276 + + Anecdote of the Fighting Major, 29 + + Anecdote of Gen. Peyton of Kentucky, 260 + + Anecdote of J. H. P. in a criminal case, 55 + + Allen, Judge J. J., 13, 116, 138, 132 + + Augusta Agricultural Society, 10 + + "Allen" nominates Mr. P. for Court of Appeals, 118 + + A bundle of miscellaneous letters, 131 + + Amherst Festival, J. H. P's letter, 123-5 + + Anderson, Col. Wm., a letter of, 236 + + Advice of J. H. P. to S. M. P., 132 + + A hero of 1776--Col. Hy Peyton, 280 + + Advice to Col. J. L. P., 139 + + Appeals, Court of, adopts J. H. P's letter to Tucker, 116 + + A deplorable accident to J. H. P., 125 + + Accident to Judge B. G. Baldwin, 101 + + A captain of light horse, 7 + + Attorney for the Commonwealth resigns, 158 + + A complete lawyer, 160 + + Allison's History of Europe, Mr. P. on, 180 + + Always helped the young, 179 + + A master spirit, 181 + + + Barbour, Judge P. P., 9 + + Baldwin, J. B., 17, 46, 149, 226 + + Baldwin, Susan M., sketch of, 271 + + Baldwin, B. G. on J. H. P., 65, 76, 101, 138 + + Bumgardner, Capt. James' speech, 204, 210 + + Bowyer, m., 37 + + Bowyer, Henry, 126 + + Baxter, John, 49 + + Baxter, Sidney S., 208 + + Barton, R. R., 130 + + Bickle, Adam, 20 + + Berrian, John M. (Senator), 70 + + Brockenbrough, Dr. John, 37, 134 + + Brickley, 37 + + Brock, R. A., letter of, 238 + + Bradshaw, 48 + + Brown, Chancellor John, 45 + + Breckenridge, Gen. Jas, 92 + + Benton, Th. H., 104 + + Bosses, The Ring, Mr. P. on, 76 + + Burrell, Nat, 126 + + Boys, Dr. William, 45 + + Books a boy should read, 45 + + + Cabell, J. C., 109 + + Cabell, Wm. H., 116 + + Cabell, Mayo, accident to, 144 + + Cadets, the Va., at West Point, 143 + + Campbell, Hugh, 143 + + Campaign of 1840, 118 + + Clay, Henry visits Staunton, 113 + + Charlottesville, J. H. P., speech, 114 + + Cameron, Col, 48 + + Carter, Hill, 116 + + Carter, Robt. W., 160 + + Conrad, R. Y., 13 + + Comfort, Professor, 53 + + Chalkley, Judge L., letter of, 203 + + Cowan, Joseph, 40, 82 + + Crutchfield, Mr., 240 + + Cowan, A. M. D., 14 + + Clark, Samuel, 82 + + Crawford, B., 50, 191 + + Clark, A. B., of N. Y., 107 + + Cochran, John, his home, 97 + + Cochren, Geo. M, 204, 191 + + Couch, Deborah, 144 + + Captain of Light-horse, 7 + + Chief of Staff, 27 + + County Court, on J. H. P's resignation, 159 + + + Daniel, Judge Wm., 13 + + Daniel, Peter V., 97 + + Dabney, John, 108 + + Dade, Judge A. G., 111 + + Declines a 2nd term in Senate, 127 + + Dorman, Geo. C. P., 130 + + Dined and wined, 97 + + Descendants of Mr. and Mrs. A. M. Peyton, 270 + + Duncan, Judge E. S., 112 + + Divers, Mr., 95 + + Difficulties, how to overcome, 90 + + Disease leads to his change of home, 23 + + Democratic party, 11 + + Davidson, Jas. D., 209, 235 + + Dupuy, Mrs. L., letter of, 239 + + Derby, Earl of, 285-86 + + + Empress, Catherine, of Russia, 36 + + Education, his views on, 10, 11 + + Eskridge, George, 82 + + Elder, Maj. T. C. speech accepting J. H. P's portrait, 210 + + Echols, General letter of, 230 + + + French, Judge S. B., letter of, 235 + + Fighting Major, 29 + + Federal Attorney declines, 32 + + Fultz, David, 59 + + + Green, T. M., 208 + + Goss, John, 242 + + + Family, every one a history, 88 + + Frazier, Win., sketch of J. H. P., 109, 168 + + Farragut, Admiral, 105 + + Fry, Judge, 107 + + Faulkner, Chas. J., 160 + + + Garland, Mayor James, 184 + + Gallagher, M., 54 + + Gaston, Judge Wm., 70 + + Gallagher, Miss, 98 + + Green, Mary, of Kentucky, 98 + + Girl, defenceless, J. H. P. defends, 112 + + Gallaher, J. S. on J. H. P's retirement, 128 + + Griffith, Dr., 126 + + Gatewood, E., 145 + + Green, John R., 152 + + Green, T. M., 208 + + Getty, George W., 152 + + Goss, John, 242 + + + Hay, George, 9 + + Hayne, R. C., 23 + + Harrison, Wm. H., 30 + + Harrison, Randolph, 116 + + Hart, Nat, 32 + + Holiday, Lewis, 36 + + Harvie, Wm., 37 + + Huston, Gen., 54 + + Halcombe, Wm. H., 149 + + Hendren, John N., 152 + + Hubbard, J. R., 160 + + Harrison, Judge Geo. M., 218 + + Hanger, Hon. Marshall, 219 + + + Invests money in public work, 84 + + Ingersoll, I. R., M. C., 1 + + + Johnston, Frederick, 126 + + Johnson, Col. R. M., 32 + + Jay, John, 32, 35 + + Jackson, Pres., refuses to follow him, 87, 43 + + Jackson, party dines him in Richmond, 97 + + Judgeship declines, voted for, 68, 70 + + Jefferson, T., letters, 109 + + + Kent, Mrs. Jos. F., why so named, 139 + + Knowledge leads to happiness, 142 + + + Langhorne, M., 126 + + Languages, ancient and modern, improvements of, 143 + + Lee, Gen. G. W. C., 240 + + Lawyer, the fiddling, 59 + + Lawyer, the ablest in Va., 84 + + Leigh, B. W., 9, 97 + + Letters, old, 32, 39, 44, 48, 88, 99 + + Letters, of J. H. P. on 2nd term in Senate, 121 + + Letters, miscellaneous, 131 + + Letters, declines a 2nd Senatorial term, 127 + + Letters, from Rockbridge committee, 129 + + Letters, of advice to S. M. P. and J. L. P., 132, 139 + + Letters, on Earl of Derby, 284 + + Letters, Littlepage, Lewis, 35 + + Lewis, Charles H., 152 + + Lewis, Gen. S. H., 97 + + Lewis, Col. Wm. L., 59, 60 + + Lewis, James A., 145 + + Lewis, Major John, 42 + + Lewis, major Thos. Preston, 102 + + Lewis, John Benjamin, cadet, 51 + + Lewis, J. F., letter of, 237 + + Lewis, Mrs. Mary P., letter of, 242 + + Lewis, Col. John, 243 + + Lewis, Mrs. Mary Preston, letter of, 240 + + Lockridge, Alex, 50 + + Legislature dines, J. H. P., 97 + + Loyal, Mr., of Norfolk, 105 + + Log cabins of the West, 102 + + Lines to the memory of Mrs. Peyton, 268 + + List of Peytons in U. S. A., 275 + + + Massie, Capt., 14, 36, 39, 45 + + Mosby, Charles L., 149 + + Minor, Prof. J. B., letter of, 234, 236 + + Manners, Ld. John, 73 + + McCue, John, 82, 130 + + McCue, John H., sketch of J. H. P., 23, 176 + + Military Schools, 25 + + Mayor of Staunton, J. H. P., 17, 31 + + Matthews, Sampson, 48 + + Murray, Mrs. Jas. B., 54 + + McDowell, Gov. Jas., 98 + + McDowell, Dr. James W., 154-5 + + Massie, Henry, 99 + + Meade, Bishop, 105 + + McElhany, Parson, 107 + + Mind, J. H. P. unimpaired, 17 + + McClintic, Wm., 41 + + Michie, Thomas J., on Peyton, 121, 109, 131, 119, 208, 215, 231 + + Mathematics, should be studied, 141 + + Moncure, Mrs. Wm., 133 + + Moncure, Judge R. C. L., 78, 208 + + Moore, Samuel McD., 68, 102 + + Madison, President James, 11 + + Madison, Wm. Strother, 7 + + Madison, Bishop, 7 + + Monroe, James, 11 + + + Nicholas, Norborne, 37 + + Norfolk, visits, 105 + + Nelson, Dr. and Mrs., 107 + + Nominated for Senate, 83 + + National Whig Convention, 113 + + North mountain road case, 119 + + + Oliver, M., 126 + + Originality, Mr. P's, 65 + + Old letter of J. L. P., 280 + + + Patton, J. M., 134 + + Payne, Dr., 126 + + Porterfield, Gen. R., 9 + + Pleasants, John H., 96, 128 + + Potter, Ben, 46 + + Points, James, 144 + + Parrish, R. L., 240 + + Peyton, Val., Capt., killed, 28 + + Peyton, Valentine, 52 + + Peyton, Henry, 1 + + Peyton, List of Peytons in the Revolutionary army, 274 + + Peyton, Susan, M., 91, 132 + + Peyton, Mrs. S. M., her death, 34 + + Peyton, John, 1 + + Peyton, Jesse E., letter of, 240 + + Peyton, John Rowze, 2 + + Peyton, Rowze, letter of, 157 + + Peyton, John Lewis, 93, 143 + + Peyton, John Lewis, letter of, 150, 154 + + Peyton, John Lewis, letter to, 139 + + Peyton, John Lewis, speech, 216 + + Peyton, John Lewis, U.S. agent in Europe, 183 + + Peyton, John Lewis, letter of, 282, 284, 285 + + Peyton, Mrs., sketch of, 240 + + Peyton, Wm. Madison, 7, 126, 33, 55 + + Peyton, Wm. Madison, letter of, 155 + + Peyton, Gen., of Kentucky, anecdote, 276 + + Peyton, John Howe, 7, 9, 15, 16, 38, 51, 55, 67, 88, 71, 83, 127 + + Peyton, John Howe, death of, 157, 160 + + Peyton, John Howe, sketches of, 160, 168, 176, 192, 198 + + Peyton, John Howe, his portrait presented to Augusta Co., 201 + + Peyton, Robert L. Y., 148 + + Peyton, Townsend Dade, 148 + + Peyton, Col. Francis, 148 + + Peyton, Mrs. John H., 241 + + Peyton, Craven, letter to, 280 + + Preston, Wm., 14 + + Preston, Col. Wm. of Kentucky, 8 + + Preston, J. M., 45 + + Preston, John, letter of, 241 + + Preston, Thos. L., 136 + + Preston, John T. L., sketch of J. H. P., 160 + + Political sentiments of J. H. P., 85 + + Providence of God, 91 + + Pickpockets rob J. H. P., 135 + + Pocahontas visits, 47 + + Public meeting to receive J. H. P's portrait, 204 + + Pigeon-hole a, contents of, 273 + + Poem, on Lee, 285 + + + Ranson, Capt. T. D., 204 + + Rives, Wm. C., 13 + + Rives, Alexander, letter of, 233 + + Roane, S. Judge, 37, 38 + + Retires from bar, J. H. P., 83 + + Robertson, Judge John, 144 + + Robinson, Anthony, 105 + + Religious topics, 59 + + Religious belief, J. H. P's, 65 + + Rush, Richard, Minister to England, 70 + + Radicals oppose him, 74 + + Roanoke, visits, 126 + + Rockbridge Committee to J. H. P., 128 + + Ruff, John, 130 + + Ritchie, Thomas, Jr., 128 + + Robbed by pickpockets, 135 + + Reading, a course of recommended by J. H. P., 149 + + Rieley, Judge, G. W., letter of, 237 + + Ruffner, Rev. W. H. (D. D.), letter of, 238 + + + Senate course in, 12 + + Smeade, Rev. G. G., letter of, 238 + + Scott, R. E., 13, 32 + + Scott, R. Taylor, 240 + + Scott, Gen. Winfield, 54 + + Scott, Stuart, Lewis, 93 + + Stuart, A. H. H, 231, 121 + + Stuart, Charles A., 82 + + Stuart, Judge A., 47, 109, 110, 195 + + Staunton Spectator, editorial of, 223 + + Staunton Post, (newspaper) editorial, 219 + + Sketch of J. H. P., by Prof. J. T. L. Preston, 160 + + Stribling, Dr. F. T., 134 + + Speech, on the death of Roane J. H. P's, 37, 38 + + Staunton issues paper money, 31 + + Senex, anecdote by, 132 + + Sherrard, Jos. H., letter of, 232 + + Spencer, Mrs. T. R., 98 + + Sheffey, Dan'l, 9, 23 + + Sheffey, H. W. Judge, 120, 209 + + Sheffey, J. H. P. eloquence of, 209, 231 + + Stout, Judge Jno. W., letter of, 201 + + Stannard, Judge Robt., 116 + + Smith, J. W., 144 + + Smith, Rev. J. H., letter of, 220 + + Smith, Gen. F. H., 145 + + Sergeant, Judge Jno., 70 + + Speece, Dr. Conrad, 83 + + Shelby, Governor of Kentucky, 32 + + Stony Hill, 77 + + Sketch of J. H. P., 160 + + Sketch of J. H. P., 168 + + Sketch of J. H. P., 176 + + + Tazewell, L. N., 9 + + Tucker, H., St. George Judge, 9, 133, 116, 180 + + Tucker, John Randolph, letter of, 217 + + Traveling in 1826, 30, 51 + + Thompson, L. P., 65 + + Thompson, Hon. G. W., sketch of J. H. P., 198 + + Taylor, Wm., M. C., 98 + + Taylor, George B., 126 + + Trials, how to meet them, J. H. P. on, 90 + + T . . ., by J. H. P., 125 + + Telfair, Mrs., 38, 133 + + Tapscott, Susan, 152 + + Tams, Wm. Purviance, 204 + + Thomas, C. B., letter of, 239 + + + Van Buren, Martin, J. H. P. on, 115 + + Valentine, Ed., 106, 135 + + Virginia Female Institute, 10 + + Volunteers in the war of 1812, J. H. P., 28 + + + Wirt, Wm. Hon., 9, 32, 227 + + Washington College Trustee of J. H. P., 10 + + West Point, letter from, 142, 51 + + Wilson, Rev. J. C., 134 + + Wined and dined, 97 + + Whig address, 160 + + Wren, M. B., lines in memory of Mrs. Peyton, 268 + + Woodville, J. L., 34, 138, 153 + + Waddell, Dr. A., 188 + + Waddell, L., 54, 139, 159 + + Waddell, Jos. A., Sketch of J. H. P., 187 + + Western Hospital, 11 + + Western trip in 1815, 32 + + Watts, Gen. E., 126 + + Webster, Daniel, 23, 183, 228 + + War of 1812, 27 + + Witcher, V., 13 + + + Young, D. S., Sketch of J. H. P., 192 + + Young people encouraged by J. H. P., 179 + + Yost's Weekly, (newspaper,) editorial of, 226 + + + * * * * * + +Transcriber's note: + +Page 42 "the kind attenins of Mrs. Massie and her family". "attenins" +has been replaced with "attendance". It could also be "attentions". + +Page 55 "the third to George Mays, and John Brown.*" The original has +an asterisk here, but no footnote. + +Page 74 original has a blank space "and said that these enthusiasts". + +Page 98 footnote: "continued up and the time of Mr. Peyton's death". +Substituted "to" for "and". + +Page 118 "able to get any than that which follows".Inserted "get any +'other'". + +Page 156 "good deal a machinery to work ..." The "a" has been replaced +with "of". + +Page 261 "which will afford 8 day"... Inserted '8 "hours a" day' as +implied. + +Page 277 "Valentine, Book 4, p. 42?" The question mark denotes that a +number is obscured. + +Page 296 missing word in index denoted as T . . . + + + + + +End of the Project Gutenberg EBook of Memoir of John Howe Peyton, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK MEMOIR OF JOHN HOWE PEYTON *** + +***** This file should be named 38007.txt or 38007.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/8/0/0/38007/ + +Produced by Barbara Tozier, Bill Tozier, Julia Neufeld and +the Online Distributed Proofreading Team at +https://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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