USA > Virginia > Augusta County > Augusta County > History of Augusta County, Virginia > Part 45
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Sketches of Mr. Peyton have been written by Hon. Geo. W. Thomp- son, of Wheeling ; Col. D. S. Young, Joseph A. Waddell and others, but space will not admit of their introduction here. They all concur in rep- resenting him as a man of extraordinary moral and intellectual endow- ments. Judge Alex. Rives says of him : " There was no one at the bar, with whom I was associated, for whom I cherish the same admiration, re- spect and esteem." In the same appreciative terms, Prof. Minor, of the University of Virginia, the late J. D. Davidson, of Lexington, and numer- ous others have written recently to the author.
JUDGE BRISCOE G. BALDWIN.
We are indebted to Hon. Alex. H. H. Stuart for the following brief sketch of this distinguished lawyer :
Briscoe Gerard Baldwin was the eldest son of Dr. Cornelius Baldwin and his wife Mary, who was a daughter of Col. Gerard Briscoe, of Frede- rick county, Va. Dr. Cornelius Baldwin was a native of New Jersey, a surgeon in the Revolutionary army, and a member of the Cincinnati Society.
After the close of the war he settled, as a practising physician, in Win- chester, Va., where he married and continued to reside until his death, which occurred about 1820.
Briscoe G. Baldwin was born in Winchester, Va., on the 18th day of January, 1789. He received a rudimentary education in a private school, and subsequently was prepared for college at the Winchester Academy. In 1806, he entered William and Mary College, where he was the fellow- student of John Tyler, William S. Archer and others, who afterwards held distinguished public positions.
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At the early age of eighteen he had exhibited so many evidences of talent that he was chosen to deliver the oration at the bi-centennial cele- bration of the settlement of Jamestown, in 1607.
After his return from William and Mary College, by invitation of the late Judge William Daniel, sen., who had married his eldest sister, he went to Cumberland county, where Judge Daniel then resided, and studied law under his direction and advice. He made such rapid pro- gress in his professional studies that he was licensed to practice before he had attained the age of twenty-one. He then returned to Winchester, and remained some months, devoting himself to the study of his profes- sion and general literature.
In 1809, he removed to Staunton, and entered on the practice of his pro- fession, which he continued to pursue, with diligence and success, until 1842, when he was elected a member of the Supreme Court of Appeals of Virginia, a position which he continued to hold until his death, on 18th May, 1852.
In 1811, he intermarried with Martha Steele, youngest daughter of Chancellor John Brown, of Staunton, and sister of Judge Jas. E. Brown, of Wythe. She was a lady of extraordinary intellectual endowments,- full of vivacity and wit, and of singularly attractive manners and colloquial powers.
Judge Baldwin devoted himself exclusively to his profession and polite literature. He had no taste for political life, and although eminently qual- ified for almost any public trust, and one of the most popular men of his day, he never sought to obtain any political office. He represented the County of Augusta in 1818-'20, and in 1841-'2, in the General Assembly of Virginia. On the first occasion he was elected, during his absence from home, by a spontaneous uprising of the people, who did not wait to ask his consent to serve. In 1841, at the earnest solicitation of the best men of the county, he consented to be voted for as one of their delegates, and was chosen almost by acclamation. Within a few weeks after he took his seat in the Legislature, he was elected to fill a place on the bench of the Court of Appeals of Virginia.
In 1829, Judge Baldwin was chosen by the people of the Senatorial District, of which Augusta was then a part, as the colleague of Chapman Johnson, Gen. William McCoy and Samuel McD. Moore, in the memora- ble convention of 1829-'30.
At the Bar, Judge Baldwin proved himself to be not only an able law- yer and skillful special pleader, but one of the most eloquent advocates of his day. Half a century ago, the bar of Staunton was one of the ablest in the Commonwealth. The four most distinguished members of it were Chapman Johnson, Daniel Sheffey, John H. Peyton and Briscoe G. Bald- win. In every important civil cause these gentlemen were arrayed-two and two-against each other, and it was an intellectual treat, of a high or- der, to witness the forensic contests of these giants in their profession. And it may be added that it was refreshing to observe the high-toned courtesy and absence of every thing like personalities which characterized their forensic tilts.
Judge Baldwin possessed high and varied intellectual powers, which had been developed by careful and thorough culture. He was not only a learned lawyer, but an accomplished scholar. In the midst of his profes- sional labors he always found time to keep abreast of the literature of the
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day. He was familiar with the English classics, and often illustrated his speeches by quotations from Shakspeare, Milton, Pope, and other standard poets.
To great vigor of intellect he united quick and keen perceptions, a rich and poetic imagination and tender sensibilities, which always brought him into close sympathy with the suffering and oppressed. Hence, as an ad- vocate, he was not only a powerful reasoner but a polished rhetorician, and a ready and adroit debater,-master of every weapon useful in assault or defence. His great efforts at the bar often displayed wonderful versatility of talent. While he would instruct and convince his audience by his logic, he would often delight them by brilliant sallies of wit, keen repartee, pun- gent sarcasm, scorching denunciation of fraud and injustice, splendid dec- lamation and melting pathos.
One of the most remarkable triumphs achieved by Judge Baldwin at the bar is recorded in 9 Leigh, p. 434. In that case Judge Baldwin had advised and taken an appeal from the decree of the Circuit Court of Augusta. He felt so much confidence in the merits of his client's cause that when the case was called he submitted it, on the petition, without ar- gument. To his surprise and dismay, in a few days, the court, by four to one, decided the case against him. His modesty restrained him. for seve- ral days, from asking a rehearing of the case, so as to afford him an oppor- tunity of presenting an argument to the court. Finally, his sense of duty to his client triumphed over his personal scruples, and he asked the privi- lege of being heard, which was granted. He prepared himself for the discussion with great care, and at the appointed time he delivered an argu- ment of so much force and vigor as to satisfy the court that they had made an erroneous decision, and they reversed their previous judgment by a vote of four to one.
But it was during his ten years service on the Bench of the Court of Appeals that Judge Baldwin's talents and learning were most conspicu- ously displayed.
Shortly after he took his seat on the Bench, he determined that when- ever a cause came before the court in which questions were presented in regard to which the law was obscure or in doubt from conflicting decis- ions, he would endeavor to sift the matter to the bottom and to educe from the mass of unsatisfactory and often clashing opinions of the courts the true principles which should govern in all such cases. He did not live long enough to carry this beneficent purpose into effect, except to a limited extent. But all who have read his able and lucid opinions, in which he expounded the law on the questions of " Fraud per se," "Adverse Pos- session," " What Decrees are Final," and others to which I need not refer, must admit that the courts, as well as the bar, are under deep obli- gations to him for his comprehensive, clear and exhaustive treatment of those subjects. If his life and health had continued ten years longer, he would doubtless have erected for himself, by his luminous expositions of intricate questions of law, a monument more durable than marble or bronze.
In all his private relations-as a citizen, a neighbor, a friend, a husband, a father-his character was without spot or blemish, and few men ever lived who were more generally esteemed and beloved, or who died more uni- versally regretted.
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HON. CHAPMAN JOHNSON.
We are under obligations to Mrs. A. F. Gifford, the accomplished daughter and only surviving child of the late Chapman Johnson, for the following brief account of her distinguished father :
"Chapman Johnson was the son of Thomas Johnson and Jane Chapman, both of English descent, born on his father's estate, in Louisa county, Va., on the 15th March, 1779.
He was educated at William and Mary College, in Williamsburg, Va., and included the law course in his studies while there, continuing that spe- cial study, and beginning his practice at the bar, in Augusta county, about the year 1804. During frequent visits to Richmond, while a student at Williamsburg, he made the acquaintance of Mary Ann Nicolson, orphan daughter of George and Margaret Nicolson, of Richmond, and ward of her uncle, Charles Copeland. This lady became his wife in 1806, when, at the age of twenty-seven, he came to reside in Staunton. Soon after his marriage he purchased the brick building close by the court- house, where he lived until the year 1824. Having been sent to the Leg- islature in 1822-'23, and impatient of separation from his family, he re- moved to Richmond to live in 1824, his children having all been born in Staunton, except the youngest, Carter Page, who was born in Richmond.
His strong attachment to the mountain district led him to purchase property near Staunton,-one of the farms, " Bearwallow," becoming his family summer-home from that time. And thus his old friendships and associations were kept up as long as he lived.
He died in Richmond on the 12th of July, 1849, after several years of failing health, his widow surviving him ten years, and dying at the home of her son-in-law, at Blackheath, near Richmond, in May, 1860. They left four children : George Nicolson, the oldest; William Boswell, Mary Ann, and Carter Page. George Nicolson married Margaret, daughter of Adam and Betsy Menzies, of Kentucky, and died in Richmond in March, 1855, leaving a wife and five children : Mary Ann, Marguerite Howard, Chapman, Arthur Nicolson, and Caroline Gifford, all living but Arthur Nicolson, who died about twelve years ago at their present home in Cov- ington, Ky. William Boswell married Margaret Sarah, daughter of John B. Breckinridge, of Staunton, Va., and died on 31st May, 1879. His widow died in June, 1880. They left three children : Carter Page, William Boswell, and Nathalie, all living. Carter Page married Anne Love Forest, daughter of Jane and Richard Forest, of Washington City; was lost in the steamer Arctic on 27th September, 1894; his wife died in April, 1852. They left two children : Jane Forest and Chapman Love, both living. Mary Ann married Adolphus Frederic Gifford, of London, Eng .; they had no children." He was lost at sea in January, 1862. His widow is the only survivor of the four children of Chapman Johnson.
With regard to Mr. Johnson's social habits, he was too hard-working and studious a lawyer to find much leisure for the pleasures of society, but whenever opportunity offered, proved himself highly appreciative of social intercourse with his many warm friends, and enjoyed his seasons of Sum- mer relaxation, as long as health lasted, with the mirthful elasticity of youth. While justly admired for the dignity, courtesy, ease and polish of the true gentleman, on every public occasion, it was in domestic life and
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around his own fireside that his social qualities were chiefly displayed, and the peculiar graces of both mind and heart revealed.
Mr. Johnson was a sincere believer in the religion of Christ, his faith being manifested in the unfeigned humility, integrity and benevolence of his daily life, as in his moderation, self-control and strict observance of the "Golden Rule." He was earnestly attached to the Episcopal Church, and a regular and earnest attendant of the old Monumental Church, under Bishop Moore's preaching, and, in the latter years of his life, became a member and communicant of that church. His mind was logical and ar- gumentative-not only comprehending the prominent points of a subject with ease, but gifted in power to impart the clear and full understanding of a case to his listeners. His style, as a speaker, was clear, strong, forcible and earnest, his manner gaining in enthusiasm and his voice in energy and strength as his oratory grew in eloquence."
Mr. Johnson served in the Virginia Senate and in the State Convention of 1829 as delegate for the Augusta District and with distinguished ability.
COL. JOHN B. BALDWIN.
The following sketch of this able and distinguished man is from the pen of J. A. Waddell, Esq. :
" John Brown Baldwin was the eldest son of the late Judge Briscoe G. Baldwin, and was born at Spring Farm, near Staunton, on the 11th day of January, 1820. After passing through a course of instruction at several primary schools, he entered the Staunton Academy, where he was pre- pared for college. At an early age he developed a remarkable talent and fondness for mathematical studies ; but, strange to say, considering the dis- tinguished position he afterwards attained asa public speaker, he betrayed during boyhood no special facility in the acquisition of languages. At the age of sixteen, he entered the University of Virginia, where he prosecuted his studies for three consecutive years. During that time he acquired a high standing for masculine talent and all the qualities which win the con- fidence and affection of associates.
When his collegiate course closed, he returned to Staunton and studied law for two years under his father, then a lawyer in full practice. At the age of twenty-one, he began his professional career as the partner of Hon. A. H. H. Stuart. The partnership continued for nearly three years ; he then commenced the practice on his own responsibility. At that time the Bar of Staunton was distinguished for ability and learning, and it required no small amount of talent and industry to ensure success in the face of such formidable competition. But he was not dismayed by the difficulties which stood in his way. Conscious of his own powers, he determined to command success, and nobly did he accomplish his pur- pose.
On the 20th of September, 1842, he intermarried with Susan Madison Peyton, eldest daughter of the eminent lawyer, John Howe Peyton, Esq. It is not the purpose of the writer to intrude into the privacy of domestic life and relate what there occurred; but having enjoyed the privi- lege of mingling freely in the scene, he cannot forbear saying that it was one of the" utmost felicity. From the time the young couple went to
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housekeeping in a modest dwelling, near the court-house, until the life of the husband ended in an elegant mansion adorned with all that wealth and taste could provide, their home was a Vale of Tempe, disturbed by no rude wind, and familiar access to it was a source of exquisite enjoyment to the guest. The cheerful greeting, the unaffected kindness, the high converse and sparkling wit, can never be forgotten by any who ever en- tered there.
The first circumstance that called forth the talent of Col. Baldwin as a debater, and attracted to him a large share of public attention, was his participation in the heated political contest of 1844. The late Greene B. Samuels, of Shenandoah, was the Democratic nominee for the Electoral College, and Mr. Stuart, of Augusta, was the representative of the Whig party. The latter having been called by public business to New York, in the midst of the canvass, Col. Baldwin took his place. He was then only twenty-four years of age, and at first some fear was entertained that he might not contend successfully with his able and experienced antagonist. But, after the first meeting, all apprehension vanished, and men of all par- ties admitted that the youthful champion was competent for any encoun- ter.
As soon as he attained the age prescribed by the Constitution, he was elected by the people of Augusta a member of the House of Delegates. In the Legislature, although one of the youngest members, he distin- guislied himself as a debater, and gave ample assurance of future emi- nence. During the session the question of calling a convention to frame a new Constitution was agitated, and this brought up the issue whether representation in the convention should be upon the "mixed" or the " white basis "-that is, whether persons and property, or persons alone, should be taken into account in adjusting the basis of representation. Col. Baldwin took a decided and prominent stand in favor of the former, which was the basis of representation in the Legislature under the existing Con- stitution, and contended that any departure from it by the General Assem- bly would be unconstitutional and revolutionary. He firmly maintained his opinions, although he well knew they were unpopular among his con- stituents. This was his first public display of that high moral courage and determination not to sacrifice right to expediency which marked his whole future career.
Having, as he anticipated, been defeated for the Legislature at the next election, he turned his attention with renewed energy to his profession, and never afterwards exhibited a desire to return to public life. When he sub- sequently held representative trusts in the Convention of 1861, in the Con- federate Congress, and in the Legislature of 1865-'7, they were not sought by him, but were conferred by the unsolicited suffrages of the people, who had learned to appreciate his talents and moral worth. He acted for sev- eral years as captain of the Staunton Light Infantry, a volunteer military company, and subsequently as colonel of the 52d regiment, C. S. A.
In 1859, having already acquired a reputation throughout the State as a leading lawyer, a vacancy occurring on the bench of the Court of Appeals by the death of Judge Samuels, without his agency he was brought before the people by his friends for the position. His successful competitor was Judge William J. Robertson, of Charlottesville, and it may be mentioned as a fact creditable to both that the rivalry on that occasion disturbed in no degree the life-long and warm friendship which subsisted between the two candidates.
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While not seeking office, Col. Baldwin was a man of very pronounced political opinions. He was decided in all his convictions, and earnest, as well as able and eloquent, in maintaining them. He, therefore, took an ac- tive part in the political contests of 1848-'52-'56 and '60. When the question of secession began to agitate the public mind, in 1860, he came forth as one of the most ardent supporters of the Union, and commenced the canvass on the Bell and Everett side in a speech at the club-house in Richmond city. In the great contest of that year, he supported with burning zeal and matchless ability the Union ticket. His clarion voice rang throughout the State, and he probably contributed more than any other man to turn the scale in Virginia in favor of conciliation and peace between the jarring sections.
Referring to his club-house speech, the Richmond " Whig " of the next day said :
" For over two hours and a-half did the able and distinguished speaker hold that vast concourse of persons spell-bound by the magic of faultless argument and overpowering eloquence. It was a masterly and extraor- dinary effort, and places Col. Baldwin in the front rank of the debaters, not only of Virginia, but of the entire Union. It was an effort that would have done honor to any deliberative body on earth. Indeed, the delivery of such a speech in the Senate of the United States would have created a profound impression there, and produced a sensation throughout the country. It was a lofty, noble, magnificent effort-a grand and glorious display of high mental power. His unanswerable logic, his wit, his humor, his eloquence-who in all that vast audience but was instructed, elevated, delighted and carried away by his matchless reasoning and the irresistible force of his argument ! We are sure that no speech has been delivered here for years which was listened to with more rapt attention, and which produced a more powerful and lasting impression upon a Richmond audi- ence. To attempt even a faint outline of Col. Baldwin's speech on Friday evening would be simply folly on our part, and we therefore forbear."
The State Convention of 1861 being called, Col. Baldwin was elected one of the three representatives of Augusta county. His earnest appeals there in behalf of the Union, and his anxious efforts to avert the civil war, are familiar facts. Every reader will recall the transcendant ability which he displayed in his memorable reply to the speeches of two distinguished gentlemen who were regarded as leaders of the secession party. By com- mon consent that speech was pronounced the ablest and most eloquent that was delivered in the Convention. The writer happens to know, but not from Col. Baldwin himself, that years afterwards, while he was sojourn- ing in a distant city, a gentleman previously unknown to him, sought him out to thank him for the pleasure he had enjoyed in listening to that speech.
It has been stated that Col. Baldwin finally voted for the ordinance of secession. This is a mistake. He voted against it, and resisted every ap- peal to change his vote, stating that his negative vote was the true record of his opinions. But after the ordinance had been ratified by the people, he signed it as an act of representative duty. During the session of the Convention he was delegated by a portion of the Union members as their commissioner to Washington. He proceeded to the city, and after an in- terview with President Lincoln, returned to Richmond greatly disappointed and grieved. At one period of the session, when the fact burst upon him that secession and war were inevitable, he retired with a colleague from
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the hail to his chamber, and his sturdy frame was convulsed with an emo- tion which nothing could relieve but a flood of tears. Let it not be sup- posed that there was any unmanly weakness in this. As well upbraid the Hebrew prophet for weeping over the calamities of his people. It merely betrayed the suffering of a great soul, as with the vision of a "seer " he looked over the field of deadly strife, and saw in the back ground the ruined homesteads and desolated firesides of his native land. The die was cast, however; the path of duty was plain to him; his position was taken, and thenceforth, with brave and cheerful front, he carried himself throughout the war. As he himself expressed it, he felt that it only re- mained for Virginia to show to the world how gallantly a people could meet an issue they had exhausted every honorable effort to avoid.
After the war began, Col. Baldwin resigned his seat in the Convention and accepted the office of Inspector-General of the Virginia forces, which was tendered to him by Governor Letcher. In that position he rendered signal service to the State. When the troops of Virginia had been or- ganized and turned over to the Confederate States, he was appointed col- onel of the 52d Virginia Regiment of Infantry, raised at Staunton, and went with his command to West Virginia. He continued in active and arduous service at the Alleghany outposts until illness completely pros- trated him, and before he had recovered, was elected to the Confederate Congress from the Augusta District. The illness referred to was caused by a physical ailment from which he never recovered, which repeatedly subjected him to intense suffering, and finally terminated his life.
While a thorough organizer and disciplinarian, Col. B. carried into the field the same personal characteristics of courtesy and kindliness to those in subordinate relations which contributed so much to his popularity in civil life. The sturdy yeomen of West Augusta, whom he commanded, recognized in him, too, the high soldierly qualities of a worthy leader. His connection with the regiment was severed with mutual regret. In- deed, we hazard nothing in saying that no officer in the army was more universally admired and respected, alike by superiors and inferiors in rank.
As most of the sessions of the Confederate Congress were secret, the public had no opportunity of hearing or seeing reports of the speeches of its members; but we have the concurrent testimony of all who were present, that Col. Baldwin was regarded as one of the ablest debaters in that body so distinguished for talent and statesmanship. His speech in opposition to the suspension of the writ of habeas corpus has often been described as one of the noblest defences of the principles of liberty ever pronounced in this country.
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