"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."

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 12 / 20 段