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.

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 11 / 20 段