Memoir of John Howe Peyton Part 21

_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. b.u.mgardner 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 n.o.ble 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 wis.h.i.+ng 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 b.u.mGARDNER 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 b.u.mgardner, 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 b.u.mgardner's address reviewed the circ.u.mstances 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 Was.h.i.+ngton, 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 const.i.tutional 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 p.r.o.nounced 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 G.o.ds 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. b.u.mgardner, 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 ent.i.tle 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 ill.u.s.trious citizens, with all of whom he was closely a.s.sociated in life, and with whom he is ent.i.tled 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.

b.u.mgardner 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 s.p.a.ce 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. b.u.mgardner 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 a.s.sociated 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. b.u.mgardner 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 n.o.ble 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:--