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_: