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

by Unknown

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]

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."

Mr. Frazier has so well described him as a common law 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 history 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 profession of the law. In his library there was a rare old edition of Littleton on Tenures. He considered this book as the basis of the laws of real property 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's or three weeks' perusal, of such part as he had mastered. It rarely happened 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 reflect credit upon the profession. And on the other hand, when he discovered merit in a young man, no one was more prompt, active and generous 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. Peyton 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 conclusions alike convincing to judge and jury. There have been many men whom the accident of applause or fortune have made great, but few who were great in themselves. Amongst the latter, Mr. Peyton stands in the front rank. As a man, he was true, noble and generous; despising the low, vulgar and ignoble, and valuing only the pure and elevated; by genuine courtesy and kindness, he won all hearts, and by stern integrity he retained the golden opinions he gained. As a father and husband, he was active and earnest in his endeavors to fill the part 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 a public prosecutor, he has won a position 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 preference to national glory. Modest, sincere, learned and determined, Virginia has had few to equal—none to surpass him. 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.