USA > Virginia > Augusta County > Augusta County > History of Augusta County, Virginia > Part 44
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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 resem- blance 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 instru- ment 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 hand- writings of the party as a ground for an opinion upon the identity or gen- uinencss 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 hu- man 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.
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" 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, Colonel 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 pub- lic 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 de- bates 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 De Witt Clinton down to his obsequi- ous 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 that 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 enact- ments since his day-the stay of executions, homestead exemptions, limi- tations 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 to any other, and most damaging to the credit of 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 com- monly 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, all the rigor of his manner relaxed, and he was the model of an affec- tionate husband and father, and the most genial of companions. He was " given to hospitality," and there was perhaps no mansion in all this fa- vored region where it was more generously and elegantly dispensed, through many years, than at "Montgomery Hall."
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The following are Judge Jno. H. McCue's recollections :
One of the truest tests of the greatness of a man is very often the im- pression, as 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 per- ceive it, as models upon which our own conduct is, or ought to be, moulded, and the impress of whose attributes and virtues serve as stan- dards 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 in 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, while every one was still speaking of the trial, 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 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 Vir- ginia, then having her Johnson, Wickham, Tazewell, Baldwin, Sheffey, Wirt, Leigh, Tucker, Stannard, and other eminent men, who were his cotemporaries. 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 Univer- sity 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 in Albemarle, and in the other counties composing the circuit of Judge Thompson, when in Char- lottesville attending the court, sojourned at the residence of his brother- in law, John Cochran, Esq., now (1879) surviving in his eighty-sixth 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 pro- gress of his son, and in my own, because of his warm and intimate friend- ship 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
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of his mind, not perhaps so much as to its capacity but more especially as to the wonderful faculty he possessed of simplyfying 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 and complicated point of law, and in a few well-chosen, pithy sentences, place it clearly and forcibly before the minds of his hear- ers. 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 sub- ject 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 dis- sertation upon that 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 learn- ing, 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 plain- est and most comprehensive manner, what he knew and what had hereto- fore 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. He rarely lost an opportunity of instructing, and this, in such an easy, unaffected conversational style that it captivated the attention, while it instructed the mind. In the many conversations with his son and myself, during this and the next succeeding term at the University, it seemed to be his con- stant desire to communicate to us 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 acquain- tance with Mr. Peyton, I learned to regard him as a man of the profound- est 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 concep- tion 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 so well and for over forty years, once said to me : "I regard Mr. Pey- ton as one of the profoundest and most learned of lawyers."
During one of my summer vacations I visited his son, J. 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 library, and many works on literature and the sciences, was the dignified figure of Mr. Peyton, seated in his accus- tomed arm chair, book in hand, and a long pipe in his mouth. [He was much addicted to the use of the Virginian weed.] Onour approach he rose,
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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 century."
The book was closed, his finger between the leaves. In this attitude he proceeded, as was a habit with him, upon a disquisition as to 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 wel- fare 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, illustrating his views by reference to ancient, medieval and modern history, displaying a soundness of view, an extent of research, a manliness of principle, an accuracy of learning, and a vigor of style, sur- passing 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 at large. There was something in the appearance and manner of the man, when you first came into his pre- sence and under his influence, before he had uttered anything 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 with him, as though he were his equal. Such were the warm sympathies, the tender feelings, the affectionate na- ture 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 statesman of Virginia, stamping his genius and learning upon the statute laws of the State, estab- lishing 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 all the occupations of the country gentleman. Had he desired and enter- ed 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 the 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.
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Mr. Peyton-then a young man-was a member of the Lower House of Legislature of Virginia in 1808, 1809 and 1810, from the County of Stafford, and wrote and offered a serious 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 estab- lish a separate and distinct judicial department as arbiter between the Fed- eral 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 so con- clusive of that question as to admit of no further discussion.
Mr. Webster was so much struck with Mr. Peytons'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 au- thor 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 Govern- ments ?"
"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.
"No," said Sheffey. "He is a sound lawyer, who unites to a vigorous judgment and sterling ability, intense study and vast learning."
"Ís he a speaker," said Mr. Webster.
"Not in a popular sense," said Sheffey. "He is not a florid speaker, in- dulges in no meretricious display of rhetoric. but thoroughly armed in the strength of his knowledge, research and cultivated ability, without any effort to show it, he possesses gigantic power, and by it 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."
At the death of Judge Stuart, in 1830, the vacancy occasioned by the death of that able jurist (father of Hon. Alexander H. H. Stuart,) Lucas P. Thompson, of Amherst county, then a young man who had distin- guished himself in the Constitutional Convention of 1829 and 1830, be- came a candidate for the office of Judge. Mr. Peyton was also brought forward by his friends. Thompson had made himself popular on the ba- sis question, and was regarded as one of the most rising men of his con- temporaries. He was the junior of Mr. Peyton. My father, at that time, was a member of the House of Delegates from Augusta county. The
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contest for Judge came off. My father, the ardent advocate of Mr Pey- ton, was sustained in his opinion of him by some of the ablest jurists of Vir- ginia, 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 for this district, a personal enemy without just cause, however, of Mr. Peyton, exerted all his popularity and power in favor of Thompson, and on his election boasted 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. P. did not wish the office of Judge, much preferred to re- tain the greatly more lucrative and equally honorable situation of public pros- ecutor and his large law practice, as well because of the more active character of his duties as 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 statesmen, about the time I went to the bar of Nelson county, said in a conversation with me: "I was a member of the Legislature that elected Thompson. But for the course of the Senator from Augusta and Rockbridge, your father would have succeeded in the election of John Howe Peyton, than whom there is no greater lawyer in the Commonwealth."
Mr. Frazier has so well described him as a common lawyer, and the most eminent prosecutor that Virginia has ever had, that I forbear to say anything further with reference to that matter. That is a part of the his- tory of the jurisprudence of this State. I will add, that I have seen his Coke Littleton, (studied by him as a student of law)with the marginal pages filled with annotations and references, indicating the application and devotion he felt for his profession. I am told that he had a grim way of preventing such as had not the ability, from entering into the profes- sion of the law. In his labrary there was a rare old edition of Littleton on Tenures. He considered this book as the basis of the laws of real prop- erty in England, and he thought that it should be first read without Coke's Commentary. When a young man desired to study law under him, whom he knew to have no capacity to succeed, he placed this work in his hands, asking him to read it again and again and strive to understand it without recourse to the commentary, and return for examination, after a fortnight or three weeks' perusal, of such part as he had mastered. It rarely hap- pened that the young man did not hand him back the book at the end of a short time, announcing his purpose of seeking a livelihood in some other field. Thus he was instrumental in keeping some from the profession who by entering into the law would have derived no profit to themselves nor reflected credit upon the profession. And on the other hand when he dis- covered merit in a young man no one was more prompt, active and gen- erous in encouraging it.
His conversation with his son and myself above referred to, on Uses and Trusts, exemplified the fact that he had not forgotten in his maturer what he had learned in his younger years. I have been told that Mr. Pey- ton had acquired the habit of reading, or at least looking over, Blackstone once a year, and it was rarely the case that he referred to precedents and decisions of the courts, which has become the bane of the profession of this day, but for authority he went down to the deep foundations of the law, treating and regarding it as a fixed and accurate science, not depending upon the opinion of this jurist or that, and thus arriving at just conclu- sions alike convincing to judge and jury. There have been many men whom the accident of applause or fortune have made great, but few who
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were great in themselves. Amongst the latter, Mr. Peyton stands in the front rank. As a man, he was true, honest, noble and generous ; despising the low, vulgar and ignoble and valuing only the pure and elevated ; seek- ing, by genuine courtesy and kindness, to win all hearts, and by stern in- tegrity to retain the golden opinions he had gained. As a father and hus- band he was active and earnest in his endeavor to fill the picture of a true man ; as a lawyer, he stood second to none, and by the breadth of his learning and knowledge, his clear and comprehensive manner, and his earnest and determined performance of duty as public prosecutor, he has won a posi- tion such as few lawyers have ever attained. As a statesman, the high praise which his generation gave him, the deep respect in which he was held by the eminent men of his time, and the undying record which history bears to his genius and achievements, mark him as one of the great men of Virginia, who may be proud of her son, while she can justly regret that he should have sought privacy and retirement in prefer- ence to national glory. Modest, sincere, learned and determined, Vir- ginia has had few to equal-none to surpass him. As in the past, he moulded and controlled the opinions and actions of the times, so in the future may he ever serve as a model for the true and the good, and prove an incentive to the ambitious. May the young learn to emulate his life and example, while the old revere and respect his memory.
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