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

Part 12

Chapter 123,803 wordsPublic domain

As father was too feeble to write you a longer letter, he requested me to add a few lines in order to give you the Staunton news. I proceed to do so briefly and hurriedly. Since you left, the town has been more lively than usual. One of the excitements has been a flock of wild pigeons--millions of them--which rested 24 hours in the neighborhood, and afforded the sportsmen rare fun. Thousands have been killed, and as much powder and shot used as if we had been repelling a Mexican invasion.

Another stir has been caused by the Governor's proclamation calling for troops for the Mexican war. Nearly everybody wants to go, only a few can be accepted, as Virginia is permitted to furnish only two regiments. The early bird catches the worm, and V. E. Geiger and Wm. Harman have gone to work actively to recruit a company. Thirty have already volunteered to go with them, and the two militia regiments of the county will be mustered in a few days, at their usual training grounds, that these gallant young men may speak and thus fill the ranks of their company at once. Though it is not necessary, speeches will be made at the big musters to the regiments [we can't do anything in our country without speaking] by Mr. Michie, Judge Thompson, Geiger, Harman, Harper, and others. It is believed that hundreds more than are needed will volunteer. Baldwin's company declined to volunteer as a company. Harper is to command the new company, at least the command will be tendered to him, as it is said he is anxious to go to Mexico. His health is very bad, and he thinks service in Mexico will do him good, besides he is full of fight.

Another excitement was a fire in Long's grocery, near the Virginia Hotel. It was soon put out by the crowd, which quickly assembled after the alarm. As I was returning from the fire, I met the engines, followed by a hilarious crowd, crying out, at the top of their voices, as if they were celebrating a political victory.

But to come nearer home. Notwithstanding my father's crippled and prostrate physical condition, he is, as ever, bent on hospitality, and we give a dinner party next Wednesday. Invitations have already been sent out and accepted by Judge Thompson and family, Mr. and Mrs. Michie, Mr. and Mrs. Castleman, Mrs. Judge Baldwin, Mr. McElroy, Baldwin and Susan, Emma Terrill, Holcombe, John Dabney, Rosa Boys, and others.

Holcombe is a clever young man from Lynchburg attending law lectures, said to be worth capturing, so come back and let us see which of you three can bag the game.

We have been visited by the _Harmonicons_, of Boston, whose performances have been very successful. One would hardly suppose the peculiarities of the negro dialect and character could be so accurately reproduced by a company from the "Hub." All the town ladies attended, among them, somewhat to my surprise, Rosa Boys and Susan Baldwin.

When Dabney called yesterday and asked when _Mary_ was coming back--I lashed him into a silent fury and enjoyed the fun, by saying you might be absent six weeks or two months. He smoked five pipes in gloomy abstraction, and then left, apparently considerably "cut up," that is to say, in the dumps.

Sue Tapscott and Mary Eskridge are at Stuarts still. No news of Add., but I saw Kate and Martha yesterday for the first time since you left. Hendren has taken a law office in the old frame building on Augusta street formerly occupied by the Deaf and Dumb pupils. Charles H. Lewis[22] has become the owner and editor of a newspaper published in Martinsburg and will soon leave here to make that town his permanent home. It is to be hoped that he will now give up poetry and enter on practical life. Poetry is too unprofitable for a man working for his daily bread. He will be much missed in Staunton, especially by the nest of singing birds of which he has always been a warbler of the first feather.

[22] NOTE.--During the administration of President Grant appointed Minister Resident to Portugal.

John Harman has returned from Texas and tells many strange stories of the rangers and life on the border.

Cousin John R. Green has just written, giving us news of our Kentucky kin, who are generally _in status quo_. He says Bat is leading an idle life there, is, indeed, so lazy that he can't make love to his sweetheart, who, though she prefers Bat to other lovers, is about to accept the offer of another suitor, despairing of Bat's ever getting enough energy to propose! I have heard of lazy men before, but never one who filled this description.

I received a letter from B. Gallagher on yesterday. He will make us a visit within a few weeks. Lieut. Getty[23] has removed his recruiting quarters to Lynchburg. I am sorry for it, as I have none of the ridiculous prejudices of some for West-Pointers, and like Getty very much. He is a sensible, well mannered, highly educated and companionable man and officer. It is said he is engaged to be married to Miss Elizabeth Stevenson. I have just complied, in a way, with father's request.

[23] Afterwards Gen. Geo. W. Getty, U. S. A.

I have only room to say good-bye. With love to Uncle and Aunt Lynn and all, including, if the word is permissible, Miss Lou Coleman,

I am your affectionate brother, J. LEWIS PEYTON.

JOHN H. PEYTON TO HIS DAUGHTERS, ANN AND MARY.

Montgomery Hall, Dec. 9th, 1846.

_My Dear Children_:

On consideration I have determined to send Ned and the carriage to Charlottesville for you. You can return in it more comfortably than in the stage coach. I leave it to you to decide whether you will make the journey back in one or take two days for it. If the weather continues dry and the roads are as good as to-day it will be advisable to make the journey in one day. It is difficult to count on more than three bright, dry days at this season. As you return call for a few minutes on my old friends, the Bowens. I am apprehensive that if you remain longer, though I well know the hospitality and kindness of your uncle and aunt, that you will make them _twice glad_--a thing I have never done, and I hope never will.

Present me kindly to Cochran and Lynn. I am glad they have been so kind and do not think Lynn ought, in the condition of her health, to give you the party she speaks of. Remember me to Lou Coleman and tell her to return with you in the carriage. Baldwin will take charge of her and your trunks and fetch them back in the stage coach. I have supplied Ned with money for his journey to and fro, for tolls, feed, &c.

Your affectionate father, JOHN H. PEYTON.

JOHN L. PEYTON TO HIS MOTHER.

Baltimore, 1848.

_My Dear Mother_:

I reached here to-day on my return from the west, but am so much fatigued by a continuous journey of 800 miles that I have decided to lay over Saturday and Sunday for rest and recuperation. It will give me an opportunity also to see the Hulls, Howards, Williams and other friends. On Tuesday morning I expect to reach Staunton and will be glad to find the carriage at the Virginia Hotel to take me home. Tell Sheets to send my riding horse to Gregory, and have him shod all round. I write in great haste and will defer any account of my travels until I get back. I will tell you of the new scenes, the strange people and all the keen excitement consequent upon my wanderings.

Thank Lizzie for her letter which I received at Niagara, also Gallagher, for his received at the same place. He says you have had nothing but rain since he reached Montgomery Hall. I am glad he hasn't had a dry time and presume from the spirits in which he writes that his suit is likely to end in success. What says Mary.

I met my cousin, Dr. James McDowell, son of Governor McDowell, of Lexington, and his western wife, _nee_ Bent, of St. Louis, in Buffalo, N. Y. He was recently married and from the way he wined and dined (on Champagne, etc.,) I presume he is on his bridal tour with a pocket full of money. His wife is an amiable and sensible woman, is not pretty, but inherited four hundred thousand dollars. This will cover over a multitude of small deficiencies if she should have any, besides plain looks. They urged me to go down the St. Lawrence with them, but the scenery of the 1000 Islands would hardly compensate a third party for the boring society of a newly married pair. I therefore withstood all their importunities, and they were so earnest that I began to think they were tired of each other.

With much love to all the family, believe me my dear mother, your dutiful and affectionate son, J. LEWIS PEYTON.

P. S. If I should not arrive on Tuesday send Gilbert in with the carriage, from day to day, until I do reach Staunton. I expect, however, certainly to get back on Tuesday. J. L. P.

FROM WM. MADISON PEYTON TO MRS. JOHN H. PEYTON.

Philadelphia, June 20th, 1847.

_My Dear Cousin_:

I arrived in this place a few hours since and finding from consultation with my children, that our respective purses are so nearly exhausted as to make it necessary that we should husband what remains and take the straight _chute_ for home. I have determined to confide the articles purchased for you to the care of Lawyer Davidson, of Lexington. Both the children and myself regret exceedingly our disappointment in the visit to Staunton, but their and my unexpected long absence from home, and the extreme anxiety of my wife for our return, leaves us no alternative. We must select some more appropriate occasion and pay you a special visit from Elmwood. I have ransacked the whole country for teachers without success. The young lady recommended by Dr. Nandain, was engaged by Wyndham Robertson before I reached here. None others unite the qualifications specified in your memorandum, without requiring a salary greatly beyond your limit. I have, however, set a good deal of machinery to work, which will in a short time put me in possession of a great deal of information on this subject, and enable me to provide you with a good teacher, at a reasonable price. My children are improving very much where they are at present, and I regret exceedingly the necessity of their removal. Sally, (his daughter,) has employed a Dolce Cantati, a Dolce Digetati, a Danseuse, a chirographist and a "_parlez vous Francais_" professor--that is, a singing mistress, a pianist, a dancing mistress, a teacher of penmanship and a teacher of the French language,--with her fine _he_ and _she_ professors, she enjoyed the greatest advantages, fullest opportunities for information in the branches taught by them, and I think she has shown a most commendable disposition to profit by them. She goes to work as if she expected to make her living by teaching.

Susan[24] is so absorbed with religion that I think she heeds little except a professor of Theology in the form of an antiquated spinster, who daily mounts the tripod, and delivers her oracles to Susan and other anxious and enquiring spirits. Susan, however, is "a gem of purest ray serene," and promises to be to her parents a source of just pride and heartfelt gratulation. I like her religious temper, but would be pained to see her run wild with her youthful fervor and disfigure by fanaticism, what would otherwise be so beautiful.

[24] Col. Peyton's eldest daughter, afterwards Mrs. Jos. H. White.

I have purchased for my sisters, Ann, Mary and Lucy, three of the finest and prettiest breastpins to be found in the Northern cities, and such as are in vogue at present. They are jewels for a lifetime, being of the finest and best workmanship. I also send them a pencil and gold pen each. I will add to this my daguerreotype for my sister Susan, who honored me by requesting it. To you, I send your granddaughters grouped with their father. Susan is reading her favorite book, the Bible, to her attentive father and affectionate sister. The likeness of Sue is perfect. Sally's doesn't do her justice. Mine looks like an Othello. Give my love to all the family, and accept for yourself the love of yours.

Truly and affectionately, W. M. PEYTON.

* * * * *

On the 3d of April, 1847, John H. Peyton died at Montgomery Hall in his 69th year, and it has been truly said that there was no one in his public and private relations who was more honored and beloved by those who knew him best. Among the numerous letters received on this occasion is the following. It alone has been preserved. It is from his brother, Col. Rowze Peyton, of Geneva, N. Y., to Col. John B. Baldwin:

Geneva, N. Y., April 15th, 1847.

_My Dear Sir_:

The receipt of your letter conveying the melancholy intelligence of the death of my much loved brother shocked me indescribably, notwithstanding his long illness and the helpless condition he was in when I left twelve months ago. I then hoped he might be spared a few years, as, if not actively useful to himself, he could be, by his advice, exceedingly so to his young and promising family. He was a most noble and generous man, a true man in every sense, and in heart and mind a great and good man, to whom I was ardently attached, and the thought that I shall never see him again in this world, causes a sorrow and sadness which may be imagined, but cannot be described. I sympathize, from the bottom of my heart with his dear wife and children. It is a terrible loss to them, and I pray they may have strength to bear it with Christian fortitude, knowing that it is the fiat of the Sovereign Ruler of the Universe, who disposes of us as he will, and to whose will we should bow with humble submission. That this melancholy event may be sanctified to the salvation of each individual member of his family, and all connected with them, is the earnest prayer of, dear Baldwin,

Your sincere friend, R. PEYTON.

MR. PEYTON'S RESIGNATION OF OFFICE OF ATTORNEY FOR THE COMMONWEALTH.

In our last paper, the appointment of Thomas J. Michie, Esq. to the office of Commonwealth's Attorney for Augusta county, in the place of John H. Peyton, Esq., resigned, was announced. We now learn from a friend (having been absent from town at the time,) that upon returning into the hands of the court the office which he had so long and so ably and faithfully filled, _Mr. Peyton_ delivered a short but pertinent and touching valedictory. He said it was just thirty-two years since he had been honored by the court with the appointment, that in casting his eyes along the bench, he recognized but a single magistrate[25] who was present on that occasion. He saw the sons, however, the relatives and friends of his former friends; and that alike from the fathers and the sons, he had received tokens of confidence which had greatly gratified him in the discharge of his duties during this long lapse of years. His great purpose had always been to protect the rights of the Commonwealth, and perform faithfully the duties of an officer of the court; and he thanked the court for their forbearance when he had erred, and for their uniform courtesy and kindness and the confidence they had ever shown him.

[25] L. Waddell, Sr.

When _Mr. Peyton_ concluded his remarks so inadequately reported, _Lyttleton Waddell, Esq._, a member of the court, presented the following minute, which was adopted by a unanimous vote, and ordered to be spread upon the records:

"AUGUSTA COUNTY COURT, } 1st day of June term, 1844. }

"_John H. Peyton, Esquire_, who has acted as Commonwealth's Attorney in this county for thirty-two years, having on this day resigned the said office, the Justices of the county, in full session at their June term, do, with unanimous consent, express their high sense of Mr. Peyton's long and valuable services. They add a willing testimony to the distinguished ability, fidelity and zeal, with which he has guarded the interests of the Commonwealth within the limits of the county--to his impartiality, prudence, and firmness as a public prosecutor, and to the commendable courtesy which has marked his intercourse with the Court, as becoming a public officer and a representative of the Commonwealth. And it is the will of the Court that this testimonial, as an additional tribute of respect, be spread upon the records."

_Spectator, July 4, 1844._

Immediately after his resignation, the County Court, as the only honor yet in their power to confer, elected him a member of their body, and on several occasions, before his death, he presided in the Court where he had so long practiced.

Mr. Peyton was a member of the committee, appointed in 1843, to prepare an address to the people of Virginia, and aided in the preparation of that able and interesting document, but as it covers over fifty pages and may be found in the newspapers of the day, it is not necessary to insert it here, in order to make clear what were his political opinions. The committee was composed of B. W. Leigh, Robert W. Carter, James R. Hubbard, Chas. J. Faulkner, Wyndham Robertson, Chapman Johnson, and John H. Peyton, and was said to have united more talent than any similar body ever raised in Virginia.

SKETCH OF JOHN HOWE PEYTON,

BY

COL. JOHN T. L. PRESTON, A. M., OF YALE, PROFESSOR OF MODERN LANGUAGES &c., IN THE V. M. INSTITUTE.

The late John H. Peyton, Esq., of Staunton, Va., was one of the finest specimens that we have ever known of the complete lawyer. During the prime of his life he pursued the profession with a laborious assiduity rarely equalled, and though as age advanced upon him he remitted his efforts, he did not discontinue his practice until a short time before his death, [he took no new cases after his 60th year]. None of his contemporaries secured a more ample reward in either reputation or pecuniary emolument.

We have spoken of Mr. Peyton as a complete lawyer. Law as a practical profession, has several departments, and it is not unusual to see a lawyer distinguished in some of them, with a compensating deficiency in others. Some practitioners are successful collectors; some are much esteemed as judicious advisers in matters not strictly legal; some are designated good judges of law, or, in other words, safe counselors, and with some the _forte_ is, Common law practice, while others are distinguished as Chancery lawyers. The organization of the courts in Virginia, and the nature of the business, at least in the interior, requires every lawyer to enter upon the whole of this miscellaneous practice; and it is not to be wondered at, that some, even good lawyers, are not equally strong in every part. Mr. Peyton knew every part of his profession thoroughly. He had studied diligently as a student, and had known the expectant struggles of the young practitioner; he had practised under the old system before the reorganization of the judiciary, and afterwards under the new; he had met in contest the strongest men in each department of the profession, and he had made himself a champion in all. We may add that some lawyers who exhibit the highest skill in securing the rights of their clients, are foolishly ignorant of their own; in other words they let slip the fair, well-earned profits of their profession. Not so with Mr. Peyton. He knew the value of his professional services, he gave them to the fullest extent to those who applied for them, and then he insisted upon just remuneration. We notice this point, not at random, but to present a feature belonging to the character of the complete lawyer.

The characteristic of Mr. Peyton's life was efficiency. This efficiency had for its elements native vigor of intellect, great resolution of character and courageous self-confidence, ample and thorough acquirements and the quickness, precision and dexterity of action that belong only to those who have been taught by a varied experience to understand thoroughly human nature. In conversation, Mr. Peyton was ready, entertaining and instructive. But conversation was not his _forte_, though he was fond of it. He was not fluent. His manner was sometimes too direct for the highest style of polished social intercourse of a general nature, and besides he had a remarkable way of indulging in a strain of satirical banter, when his words would be so much at variance with the expression of his countenance, and particularly with the expression of his mouth, that the hearer was often in an uncomfortable state of uncertainty how to take him. His person was large and his bearing dignified, but not graceful. His manner was unaffected, but not without formality, nor was it perfectly conciliatory. Some styled him aristocratic, while none could deny that his self-respect and confident energy gave an imperious cast to his demeanor. We have oftener than once thought applicable to him, in a general way, those lines of Terence,

"Ellum, confidens, catus, Cum faciem videas, videtur esse quantivis preti, Tristis severitas inest in voltu, atque in verbis fides."

His voice was true and clear, and capable of sufficient variety, but without a single musical intonation, and a little sharper than you would expect to hear from a man of his size and form. If it is asked what is the style of his speaking, it may be replied, just what might be expected to belong to such a man as he has been described, that is to say, never was the speaker a more complete reflection of the man than in his case. We cannot believe that any one who knew him was ever surprised when they heard him speak; what he said was just what they could expect him to say. This is often the case with speakers and writers, but not always. Energy, reality, and efficiency were his characteristics as a man, and equally so as a speaker. Distinctness of conception lay at the foundation of his excellence. Some great speakers, some even pre-eminently great speakers, not unfrequently hurl unforged thunderbolts. They feel the maddening impulse of the god, but give forth their utterance before the true prophetic fury comes on.