Chapter III: Preface (3)

His father, in reply, commented severely upon the airiness of his son, as inconsistent with the administration of justice and the dignity of the profession. He ridiculed Gall and Spurzheim's far-fetched theories, which he declared were not scientific deductions, but only speculative opinions, and brought the whole defence into contempt, by referring to the human skeleton, saying, "If you run your eye down the spine it alights upon the _oscoccygis_." Neither the court nor the jury understanding what these words meant, but overcome by the ludicrous manner of Mr. Peyton, both burst into a hearty laugh. "Now," he continued, "this oscoccygis is nothing more nor less than a rudimentary tail, as Lord Monbeddo has well said, and I suppose we shall have some modern philosopher startling the world again with the proposition that man once flourished a tail, but of which the civilized use of a chair has, in process of time, deprived him." He continued, somewhat in this style, "I say nothing against philosophers nor tails, both are useful in their way. What would a cow do without her tail, especially on our fly-pestered prairies, or the Pampas of South America? What would a monkey do without this caudal appendage and its prehensile quality? With him it takes the place of hands. And shall we have philosophers telling us we received our hands when we lost our tails, and that the monkey lost the use of his hands because of his peculiar facility of using a tail? A beautiful science," said he, "is the phrenology, according to the theory of the learned counsel for the prisoner. To all standing in the unenviable position of his client, it will prove, if the learned gentleman be correct, not only a thing of beauty, but a source of comfort and a joy forever. To the murderer, the burglar, the highwayman, to all in fact, who wish to be rid of the responsibility which attaches to their actions, it will become a positive blessing. Not to these only, but to the entire community--it opens a brilliant prospect of life, of life as it should be in this enlightened age, at this advanced period in the progress of the world. Upon the ruins of our present immature civilization it will uprear a charming state of society. Under the vivifying influence of this new system, mankind will be happy, perfectly happy; and until the auspicious day when the new order commences, this 'consummation so devoutly to be wished,' need not be anticipated. Throughout the world, at least so much of it as is illuminated by the light of phrenology, perfect liberty will obtain, and the present generation will wonder at the darkness in which their ancestors groped. Justice will reign supreme, and our statute books will be no longer disgraced by those dreadful laws founded in ignorance, superstition and cruelty, which consigns a helpless and irresponsible man, criminal you call him, to the merciless hands of the executioner. It will be clear as the noon-day sun, that law and liberty cannot co-exist, that they are natural enemies. Along with this knowledge will come a resolution to demolish the whole system of our jurisprudence, to cart off the rubbish and substitute in the place thereof a new, nobler, and higher civilization. Poor weak man will no longer be held accountable for his actions. The infirmities of his nature will become a recognized principle, that men are but men, will be evident to all men. It will be understood that from the foundation of the world it was determined, pre-destined, and fore-ordained that he should act thus and thus, and that, therefore, he cannot be justly rewarded for any action however meritorious, nor punished for any crime, as we term it, how atrocious soever. Men will stand aghast that laws should have existed, and for so many ages, for afflicting a human being for actions, over which it is clear, according to the prisoner's counsel, he had no control--actions, in fact, which they were bound to perform, by an irresistible law of human nature. Then will it be seen that men commit murder, perpetrate rape, and apply the torch because they cannot help it. Gentlemen of the jury; no line of argument would be shorter. I leave you to determine its soundness."

"But to be serious," said Mr. Peyton, who though cheerful in his disposition, had a manner so tempered with gravity as to check the indecent levity, "I must refer, before closing, to the conduct of the prisoner's counsel, and remark that some speakers are more anxious to display their eloquence, than to promote the public good. Now when this is the case, as I must charitably suppose it to be on this occasion, oratory is a useless gift, and such fine speeches as we have had to-day are simply disgusting. When great talents are employed to support a bad cause, perhaps from selfish motives, I trust and believe that this is not the case now, they are objects of universal contempt. Oratory, with all its pleasing charms becomes an instrument of mischief, when used by an unprincipled man as, when resorted to by a good man, its happy influences almost exceed belief. An orator, who thus uses his talents, without reference to his personal interests, if he do not succeed in his efforts, at least enjoys self approbation and that of his God."

In this manner Mr. Peyton threw the defence into ridicule and disrepute. This sound sense and keen sarcasm was too much for Wm. Peyton's after dinner eloquence, and from a brief consultation, the jury returned and delivered a verdict condemning the prisoner to the penitentiary for two years.

The Hon. David Fultz, of Staunton, recently judge of the circuit superior court of Augusta county, who was present on this occasion, told the writer twenty years ago that he had never, during his career at the bar, been so much interested or amused by any trial as this. The disgust of my father at such a defence being set up, the elation of his son at the probable success of his ruse, the bewilderment of the court and jury, both of whom seemed lost in a fog, the suppressed merriment of the audience, which did not comprehend exactly all that was transpiring, but which to some extent entered into the fun, rendered the whole scene inimitable.

MR. PEYTON'S VIEWS AS TO A FIDDLING LAWYER.

"Music," said Mr. P., "is out of place in a court house, I never knew a fiddling lawyer to succeed, especially if nature designed him to play that useful, yet much despised instrument, the 'second fiddle,'--a good enough instrument for a duet, but one on which no successful _solo_ was ever played."

MR. PEYTON ON RELIGIOUS AND POLITICAL TOPICS.

In 1840, Mr. P. and his brother-in-law, Colonel Wm. L. Lewis, met at the home of a mutual friend. In religion Col. L. was a Roman Catholic and in politics a disciple of John C. Calhoun. Discussion arose between them and became so warm on the part of Col. Lewis, that their friends feared they might result in a feud. Not so, however. Mr. P.'s moderation was equal to his vigor, and he soothed his brother's discomfitures by his logical reasoning.

"There is no necessity, William," he would say, "for difference of opinion creating hostility. It must be admitted by all that there is great variety in the tastes, habits and opinions of mankind, and it is necessary that it should be so. That partial discord tends to general harmony is more than poetically true, for, if all men were to set their minds upon living in the same climate, or under the same government; or, if all the people of a country had an unconquerable desire to live in the same town; if all the inhabitants of a town were to have a good opinion of only one physician, or of only one preacher, or lawyer or mechanic, or could only relish one article of food, or fancy only the same dress; or, if all men were to fall in love with the same woman, or all the women with the same man, what would be the consequence? Why from a feeling of seeming agreement, universal discord would result.

"Even the value of truth is best appreciated by the opposition it meets with, and falsehood and error are detected by the discriminating powers of opposite sensations and feelings. That there should not be uniformity upon many important subjects, such as the theory of government, etc., must be the stamp of heaven. For myself, I claim freedom of opinion as an inherent right, provided it does not disturb the established order of society. I fear your nullification views go this length. However, let me proceed: No man has a right to be offended at my opinion, or hold me in contempt for entertaining it, for it does him no injury; and what I claim for myself, common justice requires that I should allow to others; and did we well consider, that this disparity of an over-ruling Intelligence, we surely should not suffer it to be the cause of feelings of animosity to our fellow human beings, though their political or religious opinions should be the opposite of our own--still less such old friends as ourselves. For," continued Mr. Peyton, "unless we had been subjected to the same involuntary impressions and sensations that other persons have been, which is, perhaps, impossible, we can be no judges of the merits of their opinions, or how they have outraged truth and reason, even admitting that they are in error. If it should be contended that truth and reason are immutable, and when two differ upon a fundamental truth, there must be deviation from reason and truth in one of the parties. I would admit it to be so, if the question was susceptible of mathematical demonstration.

"This is rarely the case--were I to meet a man who should contend that two and two do not make four, or that the amount of degrees in three angles of a triangle are not equal to the amount of degrees in two right angles, I must justly charge him with folly or wilful falsehood; but, in whatever does not admit of demonstration, our convictions are our feelings; and our feelings depend more upon involuntary impressions than we are often willing to allow. Certainly truth and reason are the most likely to prevail with cultivated minds, for truth and reason are the most likely to make the right impression, but we are too apt to over-value our own kind of knowledge, while we underrate that of others.

"In point of real utility, the knowledge of the man who is skilled in the breeding and feeding of cattle is more valuable to society than is the knowledge of him who is skilled in mathematics, yet the latter will look down upon the former, when, perhaps, the only advantage he has over him is the being able to convey his knowledge in more correct and perspicuous language; and unless we possessed all kind of knowledge in an equal degree, we are liable to be imposed upon in some things, either by thinking too much upon them, or too much, to the exclusion of other branches of knowledge, the possession of which, though seemingly foreign to the subject, may be necessary to its clear elucidation; for it is by possession of general knowledge only that we can claim a superior title to correctness in every particular. A may be able to solve a difficult problem in mathematics; B can not do this, but B can make a plow upon true mechanical principles which A can not; if C can do both, C must be superior to A or B; but all mankind are in the situation of A or B, as possessing only partial knowledge. We should all, therefore, be indulgent to each other's deficiencies. Still, my superior in general knowledge and learning, may be the dupe of a weak prejudice, without justifying an impeachment of either. I have a brother-in-law," he would look askant at Colonel Lewis when getting off this kind of fillip, "of whose cleverness and general knowledge I have a very high opinion, yet in politics we are quite opposite. We indeed worship different idols, and the only superiority I can pretend to claim over him is, that I can bear for him to adore his idol, even in my presence, and yet keep my temper--a compliment he can not always repay."

"Fudge!" exclaimed the Colonel, jumping to his feet and walking hastily to and fro across the room, "I may warm with the subject, but as to being offended with you it is out of the question. I never have and never will so far forget myself."

"Come, come, be seated," Mr. Peyton would rejoin, giving him a friendly tap on the shoulder. "Let me proceed. Of course you will not think I wish to depreciate the value of truth and reason, I only wish to urge that the seeming want of them in others may be deceptions, and should not be the cause of contempt, acrimony or ridicule. All are enamoured with even the shadow of truth, and should see the substance, if in their power, but placed in a variety of lights and shades, some can only see the shadow, and mistake it for the substance." Thus their fraternal discussions proceeded and terminated in the discomfiture of Col. Lewis, who though a clever man, an eloquent talker, full of confidence, and abundance of zeal, was no such logician as Mr. Peyton, and left not the slightest pain rankling in his bosom.

"Now, William," said Mr. Peyton, "I cannot flatter myself that I shall convince you of any errors, which, in my opinion, you have been guilty of in this respect. That is no reason, however, why I should not attempt to make you entertain a disbelief of all foolish impossibilities. For example, there is the fallacious science of astrology--it has been the game of a few designers in all ages, for sordid interest, to have duped others and been duped themselves. In ancient times they were, in Alexandria, compelled to pay a certain tax, which was called the 'Fool's Tax,' because it was raised on the gain that these impostors made from the foolish credulity of those who believed in their powers of soothsaying. Well may believers in this science be called 'fools,' when they do not seem to consider that if the principles of judiciary astrology were correct, and its rules certain, the hands of the Almighty would be tied, and ours would be tied also. All our actions, all our most secret thoughts, all our slightest movements: would be engraven in the heavens in ineffaceable characters, and liberty of conduct would be entirely taken away from us. We should be necessitated to evil as to good, since we should do absolutely what was written in the conjectured register of the stars, otherwise there would be falsehood in the book, and uncertainty in the science of the astrologer. How we should laugh at a man who thought of settling a serious matter of business by a throw of the dice. Yet the decision of astrology is just as uncertain. Our fate depends upon places, persons, times, circumstances, our own will; not upon the fantastical conjunctions inspired by charlatans.

"Suppose two men are born on our planet, at the same hour and on the same spot. One becomes a hewer of wood and a drawer of water, and the other an emperor, or a commander-in-chief of an army. Ask an astrologer the cause of the difference. In all probability he will reply, 'It was so willed by Jupiter.'

"Pray what is this Jupiter? Why it is a planet, a body without cognizance, that acts only by its influence. How comes it then that Jupiter's influence acts at the same moment and in the same climate in so different a manner? How can that influence differ in its power? How can it take place at all? How can it penetrate the vast extent of space? An atom--the most minute molecule of matter would stop it, or turn it from its course, or diminish its power. Are the stars always exercising an influence, or do they exercise it only on certain occasions? If they exercise an influence only periodically, when the particles which, it is intended, are detached from them, are moving to our sphere, the astrologer must know the precise time of their arrival in order to decide rightly upon their effect. If on the other hand, the influences are perpetual, with what wonderful speed they must rush through the vast extent of space! How marvelous too must be the alliance they form with those vivacious passions which originate the principal actions of our lives! For if the stars regulate all our feelings and all our proceedings, their influence must work with the same rapidity as our wills, since it is by them our will is determined."

HIS RELIGIOUS BELIEF.

Mr. Peyton was a firm believer in the doctrines of Christianity, and the experience of his life was that true happiness is only found in the observance of her precepts. He held that man must have some religion and the most perfect was that handed by Christ to his Apostles. He did not attach great importance to sects, and when asked whether he was a Catholic, Presbyterian or Episcopalian, answered that he did not find such words in the Testament--he was merely a Christian; he believed in what was revealed to us in the Bible and submitted himself with humility to the Almighty power. He was brought up in the Episcopalian church and died a member of it.

MR. PEYTON'S ORIGINALITY AND POWER OF ILLUSTRATION.

"I recall a conversation," says one of Mr. P.'s biographers, "just after a protracted term of the Augusta Circuit Court, in which the late Judge Lucas P. Thompson and Gen. B. G. Baldwin bore the leading parts. Gen. B. was paying generous tribute to Mr. Peyton's force and originality. Judge Thompson remarked in substance, that he had never seen Mr. Peyton go through a cause deeply interesting and moving him, in which he did not utter some view or sentiment illuminated by genius, or at the least, some illustration marked by a bold originality; and he instanced two causes, tried at the last term--one a civil suit and a very heavy will case, in which he made a novel and scorching application of a familiar fable of AEsop. I forbear to give its details, because both the critic and his subject have passed from earth.

"In the same cause three signatures were to be identified and proved--that of the testator and also of the attending witnesses--all three having died since their attestation. Many witnesses were called to prove the genuineness of the three names. Opposing counsel sought to badger the witnesses by urging them to specify what peculiar marks there were in the handwriting and signatures, whereby they could speak so positively as to their identity and genuineness. This of course for the most part they could not do, and in the argument of the cause before the jury the same counsel strove to throw discredit and contempt upon those witnesses (all men of good character) for their failure and inability so to describe the quality and peculiar marks in the calligraphy of the signers as to show they were familiar with their handwriting. In his reply to those sallies of his opponents, Mr. Peyton swept away the whole airy fabric by a single happy illustration:

"'_Gentlemen,' he said, 'You have often been assembled in crowds on some public or festive occasion. Your hats have been thrown pell-mell in a mass with perhaps a hundred other hats, all having a general resemblance. Suppose you had attempted to describe your hat to a friend or servant, so that he might go and pick it out for you. It has as many points for accurate description as a written signature--its color, height of crown, width of brim, its band, lining, &c. Do you think that friend or servant could by any possibility have picked out your hat for you? And yet when you went yourself, the moment your eye would light upon it, you instantly recognize it amongst a hundred. Familiarity with it has stamped its picture on your mind and the moment you see it, the hat fills and fits the picture on your mind as perfectly as the same hat fits your head_.'

"The jury were evidently won, and gave full credence to the ridiculed witnesses.

"The other instance during the same term (cited by Judge Thompson) occurred in the celebrated prosecution of Naaman Roberts for forgery--in forging the name of Col. Adam Dickinson to a bond for six hundred dollars.

"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 resemblance 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 instrument 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 handwritings of the party, as a ground for an opinion upon the identity of genuineness 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 human 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_.

"'_If the 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 the 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 striking illustration seemed to thrill the whole audience as it virtually carried the jury."

MR. PEYTON DECLINES A JUDGESHIP.

In 1824-5, Mr. Peyton received a highly complimentary letter from the late Col. S. McD. Moore, of Lexington, then a delegate to the Legislature from Rockbridge and attending the sessions in Richmond. The Colonel informed him that a caucus of members had been held on the subject of a judgeship then vacant, or about to become so, and that Mr. Peyton's friends were so largely in the ascendancy that his nomination by the caucus and election by the Assembly was certain, if only he would declare his willingness to accept the position. The caucus had adjourned over to await his reply. The Colonel went on to say that he and two others had been deputed by the caucus with the agreeable duty of communicating with him, to ascertain his views as to the matter. We do not recollect what judgeship it was, but remember distinctly that Colonel Moore mentioned that in case of election, it would lead to, or require (we know not which) Mr. Peyton's change of residence to Richmond. In this letter Col. Moore on behalf of himself and his colleagues urged his friend to accept and presented many cogent reasons why he should do so. Proof against all importunities, Mr. Peyton politely but firmly rejected these overtures and declined under any circumstances to allow his name to be used in connection with the office. This circumstance is mentioned, not as an evidence of Mr. Peyton's indifference to preferment, which has sufficiently appeared, but to show the estimate in which he was held by the profession and to present, so far as possible, clearly and truthfully, the history of his life.

There is an old Spanish proverb which says, "Tell me whom you live with, and I will tell you who you are." We can infer what manner of man he was from the fact that through life, he was held in the highest esteem by the enlightened men of the day. From the ranks of the virtuous and wise came his friends, and what a source of happiness it must have been to him. It has been well said: "There is no blessing of life that is in any way comparable to the enjoyment of a discreet and virtuous friend. It eases and unloads the mind, clears and improves the understanding, engenders thoughts and knowledge, animates virtue and good resolutions, soothes and allays the passions and finds enjoyment for most of the vacant hours of life." If this be true, and who can doubt it? how much greater the happiness to be blessed, not with one, but with many friends, and those friends, themselves worthy of every honor and praise. The steadiness and devotion of his friends is worthy of mention in this connection, they never deserted or betrayed him--on the contrary, through life, they gave him innumerable evidences of their appreciation. Some of his youthful college friends, they were not simply companions, among them Professor Comfort and the late John Yates, of Jefferson county, Virginia, visited him at Montgomery Hall, forty years after they parted at Princeton. And Mr. P's papers disclosed a correspondence with numerous others, such as John Sergeant, Joseph R. Ingersoll, Richard Rush, William Gaston, J. M. Berrien, of Georgia, and others of his earlier friends, all of whom became prominent men.

For clearness of thought, force of reasoning and statesmanlike views on all questions of moment he had no superior, and such was his sense of justice and his impartiality, his powers of judicial analysis and insight, or the judicial character of his mind, that we have often heard the most gifted of his contemporaries regret that he had never sat upon the Justice Seat, where in their opinion, he would have equaled, if he did not surpass, the greatest judges who had adorned the bench of Virginia.

* * * * *

Notwithstanding his refusal to stand as a candidate for a Judgeship, he was voted for, in the General Assembly of Virginia in 1831-32, and came within a few votes of election. The result gave him satisfaction, for had he been chosen, he must have resigned, as unceremoniously as he was elected. He always explained to his supporters that he could not give up his extensive and lucrative practice, on account of his large and expensive family, for a poorly paid judgeship--and besides he preferred the active and exciting life of a lawyer, to that of a judge, or in a word, the bar to the bench.

MR. PEYTON'S LETTER ON THE CONVENTION OF 1829-30.

For several years previous to 1829, the question of calling a Convention to form a new Constitution for Virginia was agitated. There was a kind of political fermentation on the subject of innovation, with many persons, a strong desire to up-root the laws under which the State had so long prospered, and make a new experiment in government. The Ultras objected to the freehold basis of representation and demanded the white basis, or manhood suffrage, they opposed a judiciary elected for good behavior and demanded the election of judges at short intervals, by a popular vote. They objected to various other conservative provisions of the Constitution of 1776. Party spirit infused itself in all discussions and no small excitement was created in the public mind--as a result of the agitation on the subject. A convention, though opposed by the wisest men in the State, was finally ordered, and persons nominated for election were called upon to give their opinions through the newspapers, on the various questions which would come before it.

Among those asked for their views was Mr. Peyton, who published in the Staunton papers a long and able letter, in which he opposed the white basis; the election of judges by a popular vote and for a term of years; and advocated their election during good behavior, by the Legislature. He advised the retention, generally, of the conservative features of the old Constitution, and while he admitted that a few changes might be made with advantage, warned the people against tampering with the laws, the currency and the peculiar institutions of the South. He added that he had voted against calling a Convention, believing that the Constitution of 1776, was better than any the people were likely to get from a new Convention; in a word, he bade them bear the "ills they had rather than fly to others they knew not of."

The letter was so conservative in character and so conclusive of the points at issue, that it was thought it would have gone a long way towards preventing the call of a convention, had it been published earlier. As it was, it only made the friends of organic change, more determined. They were bent on giving form and substance to their dreams, their passions were up and they would be satisfied with nothing else.

Some of the most advanced enthusiasts advocated, what are styled "women's rights," their right to vote, to serve on juries, to hold office and the like--others were opposed to allowing a man to enjoy the fruits of his industry, and favored dividing out his income when it had reached a certain sum; no doubt some would have liked the principal divided also, others favored free inquiry, if any one knows what this means in a country where investigation and thought are as free as the air we breathe; free religion, which was supposed to have been settled by Mason's act of 1776, legalizing all forms of worship, commonly called the act of religious freedom, free morals and opinions, and it is not unlikely there were others who favored free love as a means of squelching out polygamy. One of the most notorious and eccentric of these social reformers, was Fanny Wright, not, however, a native or resident of Virginia; and it was said, with what truth we know not, that the sum of her teachings amounted to this, that any man who donned a whole coat and a clean shirt was an aristocrat and ought to be put down.

These misguided people sought to break the force of his views by a loud outcry, saying he was an old Bourbon, entirely behind the age, a praiser of times past, like Nestor in the Iliad; who wished the laws of Virginia to remain unchanged and as unchangeable as were those of the Medes and Persians, and would have it so if left alone. A looker-on would have supposed this enlightened man and moderate conservative, from this kind of ultra nonsense, as extreme in his policy as the notorious Lord John Manners, a man of phlegmatical repulsiveness of manners, who in admiration of his class, once exclaimed, with idiotic fatuity:

"Let wealth and commerce, laws and learning die
But leave us still our old nobility."

The loss of Mr. Peyton's letter cannot be too much regretted. If reviewed the whole history of the Judiciary previous to and from the time of William III., when by act of Parliament the Judges were to hold office during good behavior, up to a later act of one of the George's, providing that their commissions were not to cease by demise of the Crown, and down to his day. He argued earnestly also, in favor of an independent judiciary, this question arousing his deepest interest, and showed up the curse of a venial and corrupt one, having in its unsafe keeping the lives, reputation and property of the people. He entered also, into an elaborate discussion of the question of popular representation, the first instance of which, it was stated, occurred in Aragon in the twelfth century, &c., and discussing the basis of representation, expressed himself, in case the freehold basis was discarded, as in favor of the mixed basis, taking into account both population and prosperity.

The letter breathed a really liberal and enlightened spirit in politics and religion, and made him the idol of the liberal conservatives. The extremists were, however, antagonized by it, and in their rage and disappointment, set to work to mar, if not destroy, his influence. While distorting and misrepresenting him and his opinions, they had the "cheek," to say, they did it "more in sorrow, than in anger."

Not at all disturbed by the hurly-burly, he laughed heartily at their nonsense, and said that these enthusiasts in their efforts to emancipate man socially, morally, politically and otherwise from all the ills of life, were innovators running after something they would never reach, as the hind wheel of the carriage which is in constant pursuit of the fore one without ever overtaking it. And when he got a chance at one of the Ring Bosses, and he sometimes cornered one, he handled him after such a fashion, that the Boss never wished to see him again. To these Bosses distance ever afterwards, lent enchantment to the view, of this man of relentless logic, keen irony and withering sarcasm. Many of these so-called Reformers aimed at nothing worse than their own advancement.

* * * * *

From the foregoing synopsis of Mr. Peyton's letter it is evident, if he did not say so, that, in his opinion, love of variety and change, a desire to subvert the existing state of things, indicated both weakness and ignorance; that it is not the strong-minded and right thinking who desire to cut loose from the past, its traditions and customs and its endearing associations, but the stupid, whose wild and dangerous projects carried out, would, however, unconsciously to themselves, give us poverty in lieu of prosperity, licence instead of liberty.

MRS. ANNE PEYTON.

HER REMOVAL TO AUGUSTA COUNTY.

During the year of 1829, Mrs. Anne Peyton, the widow of John R. Peyton, the hero boy of '76, and mother of John H. Peyton, broke up her establishment at Stony Hill and removed to Staunton. Some years before, namely on February 1st 1826, her son, Rowze Peyton, was married to a second wife, Eliza Murray, daughter of John B. Murray, a citizen of New York City, but a native of England. His Northern bride did not find plantation life congenial to her tastes and induced her husband to leave Virginia. After a brief sojourn in New York City, Mr. and Mrs. Peyton removed to Geneva, N. Y., where they long lived and both died, leaving a large and interesting family, now connected by marriage with many of the leading families of the Empire State--such as the Sewards, the Cuttings, Spensers, deZengs, Wilmerdings, Rathburns and others.

The venerable and respected mother of John H. Peyton was affectionately invited by her son and his wife, as soon as they heard of her intention to leave Stony Hill, to make her home at Montgomery Hall, which she decided to do. Mr. Peyton had built immediately, for her exclusive use, a comfortable brick residence in the grounds of and near the mansion. Here she took up her residence in the summer of 1829, and in that snug abode, she spent in singular ease and tranquility the rest of her life. At this time Mrs. J. R. Peyton was of large and striking person, dignified and graceful in manners. She was over 70 years of age, dressed in black, with a high-crowned white muslin cap and frill, a cap in the style of what is now known as the Martha Washington cap, and she looked at first sight eminently neat, precise and stately. She was in fine physical preservation and her mind and memory unimpaired. She was very accessible and companionable, she liked to see her friends and to chat, and her conversation was always full of thought and poetry. Her acquaintance with and knowledge of the leading Southerners of the pre and Revolutionary era was extensive, and she possessed a large fund of information on social, literary, and political topics. This and her anecdotes, racy and amusing, caused her society to be courted by such men as Gen. Baldwin, Daniel Sheffey, and Chapman Johnson. Her parlor was the center of attraction and the rallying point of the family. Her grandchildren especially gathered round her chair, and listened with infantile delight, to her graphic accounts of the war, of the officers and soldiers, of their hair-breadth escapes, of the battles, &c., and at that early day became familiar with the names of the Washingtons, Masons, Conways, Fitzhughs, Lees, Scotts, Marshalls, Moncures, Daniels, Greenes, and other prominent people of the Northern Neck, and all more or less connected with the bloody drama of the war.

At the premature death of her husband, when only 45 years of age, she was left with the heavy responsibility of a large and helpless family, and an extensive plantation and many slaves. Had she possessed less character and spirit, less force and ability, she must have been prostrated. The disaster, however, seemed to call forth her strength, and gave such firmness and elevation to her character, that her friends and neighbors were filled with admiration and delight. This excellent woman, who had been during the prosperous period of her husband's life, all weakness and dependence, now displayed heroic qualities, showed herself equal to the trying position in which she was placed, displaying a mental force and firmness truly astonishing,--every difficulty was overcome, every obstacle put aside. She entered on her new career soberly and seriously, devoted herself to the education of her children and the management of their property. The children were taught to think justly of themselves and kindly of others. She aimed to store their minds with useful information and to form their moral and religious characters--thus giving them correct, practical ideas and good habits. Religion was the basis of her teachings and her children went into the world with just notions of human life, prepared if prosperity smiled upon them, to receive it with humble gratitude, and if calamity supervened to endure it with dignified patience. A kind Providence prolonged her life to see them a joy and a comfort to herself, and an honor to Virginia. She governed and directed the affairs of her estate with such skill and discretion that Old Stony Hill [3] put on a new face, showed successful husbandry and yielded abundant crops--so much so, that the casual observer even could not fail to see that both white and black there enjoyed prosperity and content. Greatly attached to this old family seat, where she had lived a half century, nothing but the marriage of her six children and their departure for new homes of their own, could have torn her from it. But when her only remaining son, Rowze, who had married a New York lady, mentioned his purpose of leaving Virginia and settling in New York, she quickly made up her mind to accept the invitation of her favorite son, John Howe, and to end her days at Montgomery Hall.

[3] STONY HILL. NOTE.--It may not be uninteresting to mention
that the Stony Hill mansion was an old red brick building erected in the
17th century, with a wide hall and Grecian portico, commanding an
extensive and beautiful view of Aquia creek and the Potomac river. The
dwelling had grown to be a large and rambling domicile under the
additions of four generations of the Peyton's, and all of them improving
men. This fine old colonial house was demolished during the first year of
the Civil-war, 1861-62, by Federal troops, on the spurious pretext that
it was a necessity to have at once material for baking ovens. The old red
bricks of this stately home, brought from England, as ballast in sailing
vessels sent out to fetch back tobacco to Bristol, were used to erect
many ovens in which bread was baked for the invading northern army.

When John Peyton lived at Stony Hill the estate consisted of 1900 acres
of fine land, and as far as the writer knows, still does. It is owned
and occupied in 1894, by Mr. Moncure, a son of the late President of the
Virginia Court of Appeals, Judge R. C. L. Moncure, whose widow still
lives, and is a descendent of John Peyton.

Mrs. Anne Peyton was a woman of worth, thoroughly honest, sincere and straightforward, with a fund of practical common sense. Her conversational powers were of no ordinary kind. A sincere, devout and humble Christian, a good wife, devoted mother, kind and sympathetic friend, she was in all respects a remarkable person. While it does not come within our scope to here enter at length into her life and character, it is right and due to her memory, that reference should be made to her exalted piety. So domestic, unobtrusive, and retired was her plantation life, that her name is little more than an echo in the age in which she lived, and might scarcely be even that, if it had not been kept somewhat in mind by the fame of her distinguished son. A considerable part of her time, after she fixed her residence at Montgomery Hall, was spent in the seclusion of her apartments, and much of every day was given to meditation and prayer. She left behind many voluminous manuscript books, in which she had copied the Psalms, the Proverbs, and Ecclesiastes, and many striking passages from other parts of Holy Writ, and containing many prayers, (original and quoted,) and ejaculations, suited to various occasions. These were of the following character, which will give an idea of the whole: "Supply, Oh Lord, the wants of a heart which knows not even how to lay them open before thee, which does not so much as think of doing it, and which too often shuts out the light and consolation of which it stands in need." And--

"These, O Jesus, are the things I ask. Intercede for me, that I may be truly sensible of the diseases that I labor under, and thankfully embrace the means which thy goodness has ordained for my recovery. Grant that the end of all my actions and designs may be the glory of God. Enable me to resist all the sinful appetites of my carnal nature. Grant that I may hunger and thirst after righteousness" &c., &c.

These MS. books contained also evidence that she prayed often, fervently and importunately, and that like Anna, she served God with fastings and prayers night and day. Luke ch. 2, v 37. She was never, however, "rash with her mouth," heeding. Eccl., ch. 5, v 2. On the contrary, her words were few and innocent of those vain repetitions against which our Saviour warns us in Matthew, ch. 6, v 7.

AFRICAN COLONIZATION.

He advocated the colonization of our African population in Liberia and was one of the managers of the Augusta County Colonization Society, founded in 1831-32 to promote this end.

The managers submitted to the Society their annual report on the 21st of April, 1832, the following extract from which will show the object and purposes of the Society:

Concerning the colony of Liberia, we have no information to
communicate but such as the public prints have given from time to
time, to all who wished to know what was going on at that
interesting establishment. The sum of this information is, that the
colony, gradually advancing in numbers, advances also in every
branch of improvement and prosperity. We believe that in the whole
history of colonization, there has never been an instance elsewhere
of so cheering a degree of success from a similar amount of means
and exertions. Divine Providence has evidently smiled upon the
enterprise, and encouraged its friends to prosecute it with
untiring perseverance.

Shall we close this paper here? A feeling which we assuredly know
to be no other than a sincere regard for the honor and welfare of
our country, prompts us to offer to the society some additional
reflections.

It was never expected by any man of sense that the voluntary
association of which we form an humble part, would be able to
effect, by its own very limited energies, any sensible diminutive
of the large and pernicious mass of our colored population. But we
did hope to evince the practicability of acquiring an extensive and
fertile territory in a suitable climate and of removing our negroes
to it and setting them in it, with fair prospects of their becoming
a respectable and happy nation; and thus to pioneer the way for
delivering this otherwise favored land of ours from a burden, the
sorest that ever afflicted any people under heaven. And this hope,
thanks be to God, we are permitted to see realized. The colony
exists and flourishes. It remains that the legislative authorities
of these Southern States, invigorated by the attainable and
powerful aid of the Federal Union, take this business under their
efficient patronage. And surely the period is now emphatically come
for putting into action on this momentous subject our utmost
talents and our utmost resources. After ages already lost in
supineness, shall we still waste our precious time in
disquisitions, as needless as they are unreconcilable with our
boasted republican character, on what we call the right of property
in our slave; while the deadly evil which we all profess to
deplore, is gaining ground upon us with gigantic strides every year
and every hour. We say needless disquisitions; for such they appear
to us to be. Let liberal means be provided for removing far away
those unfortunate beings amongst us whom we denominate free blacks,
together with those slaves who shall be voluntarily manumitted for
the purpose of removal. On this single condition, we are satisfied
that there will be no necessity to interfere in a compulsory way
with any man's right of property in his slaves. Public sentiment,
incessantly acquiring expansion and strength will much better
achieve the glorious consummation.

But suppose this to be a visionary picture. Suppose that yet
greater sacrifices shall be found indispensable. What then? Shall
we shrink from the making of those sacrifices for the salvation of
our native land, the loveliest and the choicest of all lands? Shall
we tamely sit still, and see Virginia despoiled of much of her
strength by unexampled emigration to other regions, and by this
means ripening the more speedily as a harvest for the scythe of the
assassin. Shall we, after all that we have seen and heard within
nine months past, persist in the slumber and indolence of
infatuation? Or shall we soon arise in all our zeal, and all our
united strength, to devise and to pursue the measures by which
alone such a tremendous issue may be arrested, and our country
rendered truly prosperous and happy? How these questions are to be
answered by facts, time must discover, and God only, who is
omniscient, can certainly foresee. For our part, though we deeply
lament that the equally able and eloquent discussion which recently
took place on this most important topic in the hall of our
legislature was suffered to float away into the air, yielding no
practical results; yet we think we ought not to abandon the cause
of liberating our beloved country from the abominations and the
curse of slavery, in utter despair. A better day may be about to
dawn upon us. Perhaps the discussion to which we have referred,
itself a wondrous phenomenon in Virginia, may not die away as a
fruitless expenditure of feeling and genius. And in the meanwhile,
let us continue our labors for the improvement of the Colony, that
it may become a more capacious, and in every way convenient
receptacle for drawing off, when the good season for the extended
operations shall arrive, the pestilential nuisance of our African
population.

The prominent men of that period associated with Mr. Peyton in this good work were Rev. Conrad Speece, Joseph Cowan, Samuel Clarke, John McCue, George Eskridge, Charles A. Stuart and others.

RETIRES FROM THE BAR AND IS ELECTED TO THE SENATE.

Mr. Peyton determined some years before he was 60 years of age, to retire from the bar when he reached that time of his life, and did so. After he was sixty he took no new cases, only in one case making an exception to this rule in favor of an old and valued friend, who earnestly implored and begged for his services. He gave them to this friend and lost the case in the circuit superior court of Augusta, but was so well satisfied that the case was erroneously decided that he took an appeal, and after Mr. Peyton's death the decision of the lower court was reversed and thus his client ultimately gained his cause. After he reached the age of 60 he only attended his office and the courts to wind up his business.

His friends knowing his purpose to give up the bar determined, if possible, to secure his services in the Senate. He was solicited on all sides to go to the Senate, and the following letter appeared in the Lexington and Staunton papers:

_To the Voters of the Senatorial District of Rockbridge and Augusta_:

FELLOW-CITIZENS--

The next session of the Legislature will be the most important which has occurred for many years past. The criminal laws of the Commonwealth are all to be revised, the subject of education is to be thoroughly considered, and the great schemes of internal improvement are to be brought forward and vigorously pressed by their respective friends. Under these circumstances it is particularly important that this District should be ably represented in the Senate of Virginia, the body that must supervise and give the finishing touches to the Legislation on all three subjects. Rockbridge and Augusta, long famed for their morality and good order, have a deep interest in having the system of fixed laws brought to the highest state of perfection. They have their primary schools, the academies and colleges all requiring an _able champion_ and _enlightened patron_, and they have their respective schemes of improvement: the James River canal, the extension of the Louisa railroad and continuation of the macadamized turnpike from Staunton to Buchanan, demanding the support of a powerful intellect and matured experience.

In looking around for a suitable representative of the District, the eyes of everyone seem attracted to _John H. Peyton, Esq._, of Augusta, as the man. He is a gentleman of distinguished ability and unblemished integrity. He has long been known to Virginia as the ablest criminal lawyer in her borders, and hence he is peculiarly qualified to discharge the duties incident to the revision of those laws. His general attainments and enlightened views of, and on all subjects qualify him in a high degree to aid in constructing a system of public education which shall diffuse the genial rays of knowledge through all classes of society, and he has evinced his deep interest in the success of the James river improvement by the most substantial of all proofs--the investment of large sums of money in its work.

Mr. Peyton now holds several lucrative offices and he is in the enjoyment of an extensive and extremely profitable law practice, but it is understood that he is willing to relinquish them all if his fellow-citizens should require his services in the Senate. It is a subject of congratulation to the district that such is the fact, and I cannot believe that the district will hesitate for a moment to avail itself of the services of so distinguished an individual. It would be a subject of just pride to our district to send such a man to the Senate. He would tower head and shoulders above any other man in that body, and the impress of his talents and learning would be permanently visible upon the statute books of Virginia. Let the voters of the district then, go forward as one man, and record their votes for John H. Peyton. Let them recollect that it is a duty which they owe their country to select the man who, from his talents and acquirements, is best suited to discharge the duties of the station. When in the management of his private affairs, it becomes necessary to employ an agent or an attorney, they always seek the man best qualified, and upon the same principle, when they are about to choose an agent not only for themselves but for their country and posterity, (for in the administration affairs we are trustees for posterity) they should elect the man who is able to render the most efficient services to the public.