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_.'

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 · 第 4 / 20 段