iilliili: 
 
 ill lit 
 
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 IHii u 11 i niti {Hi Inn lUiii 
 
JOHN HOWE PEYTON. 
 
JOHN HOWE PEYTON. 
 
 CEIREIMONI 
 
 iTTEiDiiG m mimim of m portrait 
 
 to t?|c Coiinty of Aug-iista. 
 
 "^ g? — t ^ ) — t:i<<: ' 
 
 "Great men heighten the consciousness of the human race, and 
 it is our grateful duty to magnify him whose genius magnifies man- 
 kind." 
 
 • »rj — i^x — t:i« - 
 
 (Printed for Private Circulation.) 
 
 
 St.wnton, \'\.: 
 
 A. B. Blackburn & Co. 
 
 1894. 
 

stout and Peyton Correspondence. 
 
 Staunton, Oct., 29th, 2892. 
 To Col. John L. Peyton, 
 
 My Dear Colonel — In accordance with the wishes of 
 the bar and people of the county generally, it is the purpose 
 of the county court to place in the Court House, if they can 
 be obtained, portraits of our eminent lawyers of the past- 
 Among the most distinguished of our jurists was your father, 
 Hon. John Howe Peyton, distinguished alike for his varied 
 abilities as a scholar, lawyer and statesman, for the extent of 
 his learning and the purity of his private and public morals. 
 For nearly forty years he displayed his great qualities on 
 this theatre to the admiration and advantage of the public, 
 and I trust you may be able to accede to my request and sup- 
 ply a copy, life size, of his portrait. 
 I am, very truly, your friend, 
 
 John W. ^'tout. 
 Judge cf Augusta County. 
 
 vStaunton, Oct. 31st, 1892. 
 
 Hon. John W. Stout, Judge of Augusta County: 
 
 My Dear Judge — I have had the honor to receive your 
 kind and courteous note asking for a copy of my father's por- 
 trait, to be placed in the County Court House, among these 
 of the eminent lawyers of Augusta, and hasten to say in re- 
 
ply that it will give me great pleasure to comply with your 
 request. 
 
 I have the honor to be, Judge, with great respect and 
 esteem, 
 
 Your friend, &c.. • 
 
 J. L. Peyton. 
 
 In accordance with his promise to Judge Stout, Col. Pe}'- 
 ton instructed Mr. Edm. Berkeley, of Staunton, to employ an 
 experienced and competent artist of New York Cit}- to make, 
 in oil, a portrait of his father. Some delay took place in the 
 matter, as Col. P. had promised a portrait of his father to 
 Washington and Lee University, Lexington, which was exe- 
 cuted by the same aitist and sent to Lexington last 3-ear. 
 
 In the month of July, 1894, the portrait of Mr. Peyton 
 was finished in New York and expressed to Staunton, where 
 it safely arrived. Col. Peyton duly advised Judge Chalklej-, 
 the successor of Judge Stout in the office of County Judge, of 
 the fact and received the following letter from hini: 
 
 Staunton, July 2nd, 1894. 
 My Dear Col. Peyton: 
 
 I am very much pleased to know that the portrait of 
 your father, Hon. John Howe Peyton, which was gotten by 
 you at the re:iuest of Judge John W. Stout, to be hung in the 
 County Court House, has ai rived in Staunton. As far as it 
 is in mv province to speak, accept my assurances that it will 
 be received by the people of Augusta County with the most 
 cordial feelings toward you, and with the greatest admiration 
 for the memory of one who has reflected so much credit upon 
 Augusta County. 
 
 It will give me great pleasure to go with you to the 
 
Court House at any time that may be convenient to you, for 
 the purpose of selecting a place to hang the portrait. 
 
 Believe me to be, with the greatest respect and consider- 
 ation, 
 
 Very truly yours, 
 
 Lyman Chalkley. 
 
 A few days later, on behalf of the County Court, an in- 
 vitation was extended to the leading families of the town and 
 county to attend a public meeting of the county officials and 
 the general public, at the Court House, on July 20th, at 12 
 o'clock, M., when the portrait wt»uld be formally presented 
 to the county by Capt. James Bumgardner, Jr., and be ac- 
 cepted by Major T. C. Elder on behalf of the county, these 
 gentlemen, two of the ablest and most eloquent members of 
 the bar, having been selected by Judge Chalkley for these 
 pleasing duties. 
 
The Public (Deeting. 
 
 The meeting announced to take place at 12 o'clock, July 
 20th, for the reception of Mr. Peyton's portrait, was duly held 
 in the Court House on the day and at the hour specified. It 
 was largely attended by the county officials, among them 
 Hon. Lyman Chalkley, Judge of the County. N. B. Watts, 
 Sheriff, Wm. A. Burnett, County Clerk, and others, includ- 
 ing the Supervisors, the membersof the bar and many others, 
 among whom were a number of ladies. 
 
 On motion of Capt. Thos. D. Ranson, seconded by Wm. 
 P. Tams, Esq., Capt. George M. Cochran was called to the 
 chair. Capt. Cochran explained briefly the object of the 
 meeting, when Capt. Bumgardner arose and said: 
 
 CAPT. JAMES BUMGAKDXKR's SPEECH. 
 
 Gentlemen of the Board of Supervisors : 
 
 The late lamented Judge Stout, who did much to entitle 
 him to be gratefully remembered by the people of Augusta 
 County, requested that a copy of the portrait of John H. Pey- 
 ton might be made, to be placed on the walls of this Court 
 room. 
 
 In accordance with that request the portrait has been 
 made, and on behalf of Col. John Lewis Peyton and the oth- 
 er descendants of John H. Peyton, I deliver this portrait to 
 3'ou, as the representatives of the County of Augusta, in or- 
 der that the purpose of Judge Stout maj- be carried into effect; 
 and that this portrait may be placed in that group of illustrious 
 
-citizemis, with all of whom he was closely associated in life, 
 and with whom he is entitled 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 en- 
 joyed and deserved to enjoy, the esteem and admiration of 
 their countrymen. 
 
 John H. Peyton was born in Stafford County, Virginia, 
 in the 3'ear 1778. He inherited the virtues of patriotism, de- 
 votion to duty, courage and honor from his father, who illus- 
 trated them in the highest degree as a soldier of the Revolu- 
 tion. His academic career was distinguished by faithful ap- 
 plication and great ability, and he graduated at Princeton, 
 taking with high honors the degree of Master of Arts in the 
 year 1797. After finishing his academical course he went 
 earnestly to work to prepare himself for the professional career 
 in which he rendered such faithful and honorable service to 
 the Country and in which he earned so much honor and dis- 
 tinction. He studied law under the advice and tuition of 
 Judge Bushord Washington of the Supreme Court of the Uni- 
 ted States, and with his ability, and taught by such a master, 
 it is not surprising that the accuracy and extent of his legal 
 knowledge placed him in the front rank of the great men of 
 his profession, who were his contempoaries. He commenced 
 the practice of the law^ on the Fredericksburg Circuit. In 
 the year 1806 he was elected as a Member of the House of 
 Delegates from the County of Stafford, and was again elected 
 in 1807. As a debater he had no superior on the floor of the 
 House. 
 
 Mr. Peyton removed to Staunton and commenced the 
 practice of the law in the Courts held in Staunton and the ad- 
 joining Counties in the year 1808, and he devoted himself to 
 the practice of the law from that time until his death in 1847. 
 His great and recognized ability in the practice of his profes- 
 sion is shown by the fact that he was appointed Attorney of 
 
the Commonwealth for this Circuit immediately after his re- 
 moval to Staunton, and three years later in i8i2,i\ttorney for 
 the Commonwealth for Augusta Count}'. Chapman Johnson, 
 w^ho said he himself was not suited for the office, resigning it 
 that Mr. Peyton might be elected, whom he declared was the 
 ablest public prosecutor in Virginia. During the year i8i2- 
 he served as Chief of Staff of General Porterfield. In his 
 army service he established his reputation as an able, enter- 
 prising and gallant officer. With the exception of his service 
 in the House of Delegates, in the Senate and in the Army, 
 his time and energies w-ere spent in the ardous duties of his 
 profession. 
 
 He was Mayor of Staunton in the years 1816 and 1817, but 
 his performance of the duties of that office was not of course 
 any serious interruption to the laborious work of his profes- 
 sion. From 181 2 (w'hen he was appointed Attorney for the 
 Commonwealth for the Comity of Augusta,) he filled that 
 office continuously until 1844, serving in the mean time for 
 two terms in the Senate of Virginia from 1836 to 1844, when he 
 resigned from ill health. And now, because sirs, during that 
 long period he was one of the great men of this bar, because 
 he was one of the great citizens of Augusta County, because 
 it is of interest and benefit to the Commonwealth, that the 
 memory of her great and able men be preserved and cherished, 
 this picture was asked for, that its presence on these walls might 
 be a perpetual evidence of his ability and virtues, and evi- 
 dence of how the people of this County recognize, reverence 
 and honor those loft)^ attributes of mind and heart, which 
 give fame and distinction to the localitj' in which they are 
 displayed. It is now forty-seven years since Mr. Peyton pas- 
 sed away. Since his death nearly two generations have been 
 born and died. Of the men now living in this County very 
 few personally knew Mr. Peyton, or personally know the 
 position he occupied in the estimation of the bar, of the 
 
men, and of the commuity of his da}' and time. That posi- 
 tion is clearly shown b}' the written expressions of many 
 great men of his day, and as these expressions will convey a 
 clearer idea of Mr. Pe^-ton's character than I am able to give 
 in any other way, I think it most proper on this occasion to^ 
 quote them. 
 
 Mr. Peyton was the author of the celebrated report op- 
 posing the Amendment of the Constitution of the United 
 States, proposed by the State of Pennsylvania, for the alleged 
 purpose of preventing collisions between the Federal Govern- 
 ment and the State Governments; concerning which report 
 Mr. Webster said, that "the reasoning and conclusions were 
 unanswerable" and on another occasion said, "it was a mis- 
 fortune that lie was not in Congress". 
 
 Benjamin Watkins Leigh said, "He was the greatest law^- 
 yer west of the Blue Rigdge." 
 
 Chapman Johnson said, "He was the greatest criminal 
 lawyer and public prosecutor I have ever seen." 
 
 Judge Henry St. George Tucker said, "He was one of the 
 most profound and learned of lawyers." 
 
 Daniel Sheffy said, "He possessed gigantic power without 
 effort, and was not only a great but a good man." 
 
 ^Nlajor James Garland, of Lynchburg, said, "There was 
 no greater lawyer in Virginia." 
 
 Judge Alexander Rives wrote that "I know no lawyer 
 in Virginia for whom I have the same admiration, respect and 
 esteem." 
 
 John B. Baldwin said, "He was the greatest common-law 
 lawyer he ever knew." 
 
 Judge Briscoe G. Baldwin said, "He had more strength, 
 originality and learning than any lawj'er of hisacquaintance." 
 
 Judge Lucas P. Thompson said, "His sentiments were 
 illuminated by genius." 
 
 Sidney S. Baxter, late Attorney General of Virginia said 
 "No lawyer in Virginia equalled him in debate." 
 
10 
 
 Thomas J. Michie said of him: "That he was a man 
 who had served his country with distinguished ability in va- 
 rious civil positions in time of peace, who has honorably 
 and gallantly served and sacrificed his property in time of 
 war, a man whose honor and integrity have never been im- 
 peached in this or any other community." 
 
 Judge R. C. L. Moncure in speaking of him as a young 
 lawyer said: "He took a position on being admitted to the bar 
 which brought him immediate and continued popularity as a 
 lawyer, a pleader and a scholar." 
 
 T. M. Green, a distinguished lawyer and author, of Ken- 
 tuck}-, said: "John Howe Peyton was eminent as a lawyer, 
 statesman and orator." 
 
 Professor J. T. L. Preston, late of Virginia Military In- 
 stitute, said: "He was a champion in every branch of his 
 profession . ' " 
 
 The late James D. Davidson, ot Lexington, said: "I re- 
 garded him altogether as a superior being." 
 
 The late William Fraziersaid: "His pleadings were mas- 
 ter pieces of art." 
 
 The late Judge McCue said: "In his discourses he dis- 
 played a soundness of view, an extent of research, a manliness 
 •of principle, an accuracy of learning and a vigor of style sur- 
 prising anything I have ever heard." 
 
 Mr. Peyton was as eminent for stern integrit}- as for learn- 
 ing and ability, and in that connection a writer, whose name 
 I will not call, as he is still living, said: "I never knew a 
 man who had more of what Edmund Burke styled "the 
 chastity of honor which felt a stain like a wound." 
 
 I have heard many lawyers who personally knew Mr. 
 Peyton as a lawyer speak of him, and, without exception. 
 
11 
 
 they placed him in the ver\' front rank of the great lawyers- 
 of his day, and the late Judge Sheffey, with w^hom I was as- 
 sociated for so many years as a partner, spoke of him often and 
 
 alluded to his appearance in'a celebrated cause, which at the 
 time of its trial, made a most profound impression upon the 
 community, and said that Mr. Peyton's description of the 
 facts connected with the corpus delicti, and the behavior of 
 the accused at the time was the most dramatic, powerful and 
 stirring burst of eloquence he had ever heard or read, and 
 that during the utterance of the speech there w^as a not a dry 
 
 eve in the crowded Court House. 
 
 * 
 
 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 associated 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 is worthy to be commemorated in 
 the manner proposed by placing this portrait in the group 
 which now now adorns these walls, and I now take great pleas- 
 ure in presenting it to you for that purpose." 
 
 At the close of his discourse the audience warmly ap- 
 plauded Capt. Bumgardner, as it had repeatedly done during 
 its deliver}-. 
 
 MAJOR elder's address. 
 
 Major Elder then arose and spoke in the following terms: 
 
 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 ofthis eminent man, I would say that the people of 
 the County of Augusta, represented by the Judge of their Coun- 
 ty Court and Board of Supervisors, have requested me to signify 
 the acceptance by the County of the admirable portrait of Air. 
 Peyton which has just been tendered it by Capt. Bumgardner 
 in such appropriate and beautiful terms. Col. Peyton, in pre- 
 senting 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 
 an 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 opportu- 
 nity 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 high- 
 est incentive to industry, virtue and patriotism by honoring 
 the memory of those who have filled public stations with fidel- 
 ity and zeal for the public good. 
 
 I shall not attempt a bioeraphical sketch of Mr. Peyton. 
 Capt. Bumgardner has told us of his birthplace and honorable 
 lineage, of his collegiate education and subsequent preparation 
 for the bar, of the commencement of his professional career in 
 his native County of Stafford, and in connection therewith of 
 his early selection for the office ot Commonwealth's Attorney 
 for that County, and of his having been chosen several times 
 to represent it in the popular branch of the general assembly 
 of the State before his removal to Staunton in i8oS. We have 
 also been told of the course of his lite after his removal to this 
 place. Some account of his merits must have preceded him, 
 for almost immediateh* after settling here he was appointed 
 Commonwealh's Attorney for this Circuit by its presiding 
 
13 
 
 judge, and in two or three years afterwards the distinguished 
 Chapman Johnson resigned the office of prosecuting attorney 
 for this county, in order, as it is said, that Mr. Peyton, be- 
 cause of his peculiar fitness, might be chosen for the place. 
 It seems that from the time Mr. Peyton came here to live un- 
 til he was disabled by the disease that ended his life, his time 
 and talents were devoted to the stud}' and practice of his cho- 
 sen profession; for he belonged to that class of lawyers who 
 do not stop studying when they begin to practice. During 
 almost the whole of his professional life in this county he 
 was Commonweath's Attorney either for the County or the 
 Circuit, and for the most part for both. The reputation he 
 made as a prosecuting officer has rarely, if ever, been excelled 
 in this State. 
 
 But whilst devoted to the law, which he studied as a sci- 
 ence, and practiced onl}' a great and noble profession should 
 be practiced, he was by no meBns unmindful of the duties he 
 owed the community in which he lived and the State and 
 Country of which he was a citizen. As a military officer of the 
 "vvar of 1812, and as a member of the Senate of Virginia for a 
 number of years, he discharged his duties incumbent upon him 
 in these positions with honor to himself and with benefit to 
 the State. And over the public assemblage of the people of 
 this town and count)" occuring in his day, he was frequenti)' 
 called on to preside, upon which occasions he always acquited 
 himself with dignity and grace. He took a liveh- interest in 
 everything of a public character that was going on around 
 him. 
 
 He was one of those who think that every man should 
 be more than his work: wider and higher than the business or 
 calling by which he earns his daily bread. Some there are 
 indeed who, whilst thinking this should be so, have barely 
 the capacity to discharge the duties of their vocations, and 
 
14 
 
 are without time or strength for anything else; and hence 
 must submit to be driven — 
 
 "Round the daily scene 
 Of sad subjection, and sick routine." 
 until death relieves them of their bondage. 
 
 But we have been told by Capt. Bumgardnear that Dan- 
 iel Sheifey, a competent judge surely, in speaking of Mr. Pey- 
 ton, said — "He possessed gigantic power without effort." 
 No greater compliment could be paid to the intellect of any 
 man. Mr. Peyton had time enough to become great in his. 
 profession, and to spare for other things. With him his dai- 
 ly work was a pleasure rather than a burden. Fortunate in- 
 deed is the man who is so gifted. The consciousness of the 
 possession of such powers and the tise of the in right directions- 
 must be a delight to the possessor. 
 
 This appears to have been the thought of Macauley, when 
 contemplating Milton in his poetic flights, after the construc- 
 tive and artificial parts of of his was done, he fancies the great 
 poet might have said to himself: — 
 
 "Now my task is smoothly done 
 I can fly, or I can run." 
 
 Nature was in various ways lavish in the bestowal of her 
 favors upon him of whom we speak to-day. Not only did she 
 endow him with high intellectual gifts, but he had mens sana 
 in sana corpore. He was a large, well proportioned man,, 
 of dignified bearing and pleasing address, with a glow and 
 color indicative of a fine physical constittition. L,ike jewels 
 in a setting, at once strong and graceful, the mental powers. 
 of Mr. Peyton were displayed to the best advantage through 
 his magnificent form and prasence. How we all do admire 
 intellectual power! and if associated with physical size and 
 strength and manly beaiity, we admire it all the more. But,, 
 it may be repeated, intellectual power, talent, and genius are 
 always admired for their own sake. The fact that they are 
 associated with bad moral qualities, and indeed with great 
 
1> 
 
 vices, does not wholly deprive them of their charm. Lord 
 Bacon, sometimes described as the "greatest, meanest of 
 mankind," will never cease to be admired by even the best 
 of men for his towering and resplendent intellect. Satan, as 
 depicted by Milton, while revolting in the hideousness of his 
 moral deformity, excites our interest, and, in a sense, extorts 
 our admiration by the grandeur and independence of his mas- 
 terly mind. But it was the crowning excellence of him 
 whose memory we honor to-day, that he was as pure and no- 
 ble in heart as he was great in mind. In him there was that 
 fine and harmonious combination of high moral qualities and 
 great intellectual powers which makes the model man. This 
 combination of moral and intellectual qualities is what so 
 greatly commended this man to the regard and esteem of his 
 cotemporaries, and it is what still keeps his memory fresh. 
 
 And the moral qualities now referred to are not merely 
 such as truth, sincerity, honesty and integrity, which, and 
 the like of which, Mr. Peyton, it is true, possessed in an emi- 
 nent degree, but also the rarer virtues of firmness, self reliance, 
 persistence in the right, fearlessness in the discharge of duty, 
 a strong sense of justice and a refined sense of honor. 
 
 An displaying constantly, as he did, these noble qualities 
 in the practice of his profession, he left the lawyers of this 
 bar and of the bar throughout the State an example worthy 
 of the closest imitation. In the discharge of his duties as a 
 prosecuting attorney, whilst he never permitted those he be- 
 lieved to be guilty to go wholly unwhipped of justice if he 
 could prevent it, on the other hand he would have considered 
 it a crime in himself to have asked for the conviction of one 
 whose guilt was not sufficiently established. He was an in- 
 dependent and conscientious practitioner in the civil depart- 
 ments of his profession. Well it is for the lawyers of the 
 present day, and well it will be for those who are to follow 
 them, that the portrait of such a lawyer should be ever look- 
 ing down upon them from the walls of this hall of justice. 
 
Its presence here will l:e at once an inspiration and a re- 
 straint. 
 
 With the form and features of John Marshall, the great 
 expounder of the Federal Constitution and the founder of our 
 Federal Jurisprudence, and with the forms and features of 
 such of his disciples as John H. Peyton, Thomas J. Michie 
 ^nd John B. Baldwin, ever before them, the lawyers who 
 ■come here to practice their profession should not go wrong. 
 
 Nor is the presence of the portraits of these great men 
 in this public place without its purifying and elevating influ- 
 ence on the great body of the people who are wont to congre- 
 gate here. Every community is deeply interested in the 
 qualifications and character of its lawyers. Like people like 
 bar. If the people want clean and competent lawyers to 
 transact their business, such will be forthcoming; if, on the 
 other hand, lawyers of a different kind are wanted and en- 
 couraged they will abound. 
 
 But it is not only because the men whose likeness adorn 
 these walls were great lawyers that they are entitled to the 
 admiration of the public; but also because they were upright 
 and honorable in all the relations of life, both private and pub- 
 lic. In political matters the}' were candid and straightforward, 
 and, above all things, patriotic. The}' were not office seekers. 
 So far as they were office holders, the offices sought them. 
 None of Mr. Peyton's co-temporaries ever supposed that he 
 would of his own motion actively seek a political office. But 
 when the people amongst whom he lived desired his services 
 in a public capacity they were not withheld: and they were 
 rendered with strict regard to the public interests, and with- 
 out any regard at all to his personal promotion. With him 
 and with those like him, public office was indeed a public trust. 
 John Howe Peyton was never the man to sacrifice a political 
 conviction for office. He was a leader rather than a follower 
 of public opinion, and he always guided it in the ways of jus- 
 tice, of honor, and of patriotism. 
 
17 
 
 What was it that first gave to this County of Augusta 
 "her high and enviable position amongst the Counties of Vir- 
 ginia ? It was the custom of putting foward her best men to 
 represent^her in the legislature, and in the various public as- 
 semblages of the State. The name of Augusta is indissolubly 
 linked with thenamesof her distinguished sons who are gone. 
 In the eloquent language of a great patriot — ^"The past is at 
 least secure." 
 
 I claim to be a man of progress, and trust I duly appre- 
 ciate the wonderful advances of recent years in the develop- 
 ment of the resources and material wealth of our State and 
 Country and in diffusion of education and other blessings: 
 but at the same time, I would hold fast to the former things 
 that are good. In this respect at least, if necessity required, 
 I would rather adopt the motto engraved on the public seal of 
 of our Country Redeant in narum secuia priscum "Let the 
 ages return to the first golden period." 
 
 May God bless the County of Augusta and may He raise 
 up men, great and true, to serve and honor her in the future 
 as John H. Peyton and her two other sons whose portraits 
 adorn these walls served and honored her in the past. 
 
 When Major Elder resumed his seat he was greeted with 
 loud applause. 
 
 C(ii,. j. I., picvton's remakks. 
 
 Silence being restored there were calls from all parts ot 
 the house for Col. Peyton, who came forward ia response to 
 them and spoke in substance as follows: 
 
 He said he was taken entirely by surprise, but gladly 
 availed himself of the occasion to thank Capt. Bumgardner 
 and Major Eldey for their polished and eloquent speeches and 
 the lofty tributes they had paid to his father; he was pleased 
 that his father's portrait would hencetorth adorn the walls of 
 this hall, which had so often resounded to his eloquence, and 
 would be evermore displayed in the midst of a people he 
 
loved so well, and for whom he labored so faithful!}'. He 
 confessed to a devout veneration for great and good men — the 
 heroic masters in virtue, and felt a desire to exalt them as 
 ideals, which would exert an influence to mould to their 
 likeness those who earnestly contemplated them. Leaving 
 out of view all other aspects of his father's character, he 
 might be permitted to say that no man had a deeper or more 
 inextinguishable thirst to promote human liberty and happi- 
 ness, and such was his unselfish patriotism that it could be 
 truly said of him that it ever was "his countr}^ first, his 
 countr}' last, his countr}- all the time. [Applause.] 
 
 HON. JOHN RANDOLPH TUCKER'S LETTER. 
 
 Major Elder then read the following letter from Hon. J. 
 Randolph Tucker: 
 
 Lexington, Va., July i8th, 1894. 
 T. C. Elder, Esq.: 
 AIv Dear Friend': — 
 
 I should be glad to be present at the presentation of the 
 portrait of the late Hon. John Howe Peyton to. the count}' of 
 Augusta and to hear the addresses appropriate to its presenta- 
 tion and reception, delivered by Capt. Bumgardner and your- 
 self. 
 
 The adornment of your Court House by the pictures of 
 the men whose genius has honored the county, and whose 
 elouqence still lives in the memor}', as its echoes linger in the 
 walls of the old forum of its mighty people, is a noble 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 emi- 
 nent abilities ot Mr. Peyton as they deserved to be. But J 
 remember him, when as a boy, in i839-'4o, I traveled with 
 him from Charlottesville to Richmond, when the snow ob- 
 structed travel and detained us at Trevilian's for more than a 
 
1!) 
 
 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 
 m}' memor}^ 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 s^'mpath}' with the occasion, and wishing the 
 ceremonies to be fully successful, I am, sincerely. 
 Your friend, 
 
 J. R. TrcKEK. 
 
 Major Klder then remarked that he had just been fur- 
 nished by Judge George M. Harrison with an extract from a 
 speech made by Mr. Peyton when only twenty-two }ears of 
 age — a speech made to the grand jury of his native county — 
 which threw a light upon Mr. Peyton's whole life and charac- 
 ter as a public prosecutor. The Major then read this extract 
 from Mr. Peyton's speech: 
 
 ''The history of man from the primevnl simpheity of 
 our first parents to the present clay 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 Han- 
 ger, adjourned. 
 
 Geo. M. Cochr.\n, 
 
 Chairman. 
 
217 
 
 Editorials prom 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 ap- 
 peared: 
 
 JOHN HOWK PEYTON. 
 
 PORTRAIT OF THIS EMINENT VIRGINIA jrRIST PRESKNTKn 
 TO THE COUNTY. 
 
 CAPT. JAMES BUMGARDNER MAKES THE SPEECH OK PRE> 
 SENTATION, AND MAJOR ELDER THAT OF ACCEPT- 
 ANCE — 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 ot Supervisors was placed in the 
 Court House of Augusta County, was formally presented and 
 received to-da\' at noon. 
 
 Captain George M. Cochran presided over the meeting. 
 Thejur3fbox was occupied by the Supervisors and within 
 and around the bar inclosure were gathered many of the lead- 
 ing members of the bar, ladies and relatives of the late Mr. 
 Peyton. Among them was Captain James Bumgardner, who, 
 on behalf of the family of Mr. Peyton made the formal pre- 
 sentation address. Major Thomas C. Elder, who received the 
 
21 
 
 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 Bunigardner's address reviewed the circum- 
 stances leading up to the presentation, and the life and emi- 
 nent achievements of the distinguished jurist. His address 
 was chiefly biographical, and quoted mauy distinguished gen- 
 tlemen in eulog}- 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 Washington, of the 
 United States Supreme Court, and further equipped himself 
 for his profession by an extensive course in literature. In 
 1800 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 Madi- 
 son. In 1806 he was elected to the Virginia House of Dele- 
 gates, and served with ability for four years. He was con- 
 sidered the most brilliant debater in that body. A series of 
 resolutions written by him opposing a constitutional amend- 
 ment 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 characteriszed 
 by him as unanswerable. 
 
 In 1808 Mr. Peyton located in Staunton and was made Pub- 
 lic Prosecutor of the Judicial Circtiit of Augusta, Albemarle, 
 Rockingham and Rockbridge. During the war of 181 2 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 re- 
 signed the office of Commonwealth's Aitorney 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 gen- 
 erally pronounced 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 trib- 
 ute to his legal abilities, which was acquiesced in b}^ 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 gods 
 of the count}'. In the name of Judge, Supervisors and peo- 
 ple 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 
 
2?. 
 
 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 presenta- 
 tion ofthes portrait took place at a meeting held in the Court- 
 house at 12 o'clock last Frida3^ Jul}- 20th, at which the Su- 
 pervisors of the County, the members of the Staunton Bar, 
 ■some ladaies, and a large number of others were presnt. 
 
 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. Bum- 
 gardner. on behalf of Col. John I^. Peyton, delivered the pre- 
 sentation speech, which was done in fine style. He prefaced 
 his speech with the following remarks: — 
 
 "Genlemen of the board of Supervisors : 
 
 The late lamented Judge Stout, who did much to entitle 
 him to be gratefully remembered by the people of Augusta 
 county, requested that a copy of the portrait of John H. Pey- 
 ton 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 de- 
 scendants of John H. Peyton, I deliver this portrait to you. 
 Augusta, in order that the purpose of Judge Stout may be car- 
 ried into effect; and that this portrait may be placed in that 
 group of illustrious citizens, with some of whom he was close- 
 ly associated in life, and with whom he is entitled to be group- 
 ed 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 ad- 
 miration of their countrj^men." 
 
 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 earh- manhood to the 
 
24 
 
 time of his death in 1847. Capt. Bumgardner quoted the re- 
 marks of quite a number of able lawyers and others, the con- 
 temporaries 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 space for these eulogistic quota- 
 tions. 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- 
 Bumgardner concluded his address as follows: — 
 
 "It will be observed that these statements are made by 
 men qualified in the highest degree to estimate justh' human 
 character and ability, and who had the verj' best opportunity 
 of judging the character and ability of Mr. Peyton, as the}- 
 were intimately associated with him at the bar and in public- 
 life, and their testimony therefore is conclusive, that Mr. Pey- 
 ton 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 pre- 
 senting it to you for that purpose." 
 
 REMARKS OF MAJOR THOS. C. ELDER. 
 
 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 lycwis 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 
 
25 
 
 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. Bumgard- 
 ner in such appropriate and beautiful terms. Col. Peyton, in 
 presenting to his native county this portrait of his distinguish- 
 ed 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 ten- 
 der and loving relations which should exist between a dutitul 
 son and an honored parent, it must also be remembered that 
 the father whom he loved so well was amongst the most dis- 
 tinguished of Augusta's adopted sons, and she is now given 
 an opportunity of manifestating towards him those sentiments 
 of affection and pride which a mother cherishes for her honor- 
 ed 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 sta- 
 tions with fidelity and with zeal for the public good. 
 
 Then Major Elder spoke of the great abilities and noble 
 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 the presence of 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 ex- 
 tracts which we give as follows: — 
 
 "But we have been told by Cap. Bumgardner that Daniel 
 Sheffey, a competent judge surely, in speaking of Mr. Peyton, 
 said: "He possessed gigantic power without effort." No 
 greater compliment could be paid to the intellect of any man. 
 Mr. Peyton had time enough to become great in his profes- 
 sion and to spare for other things. With him his daily 
 
2(5 
 
 work was a pleasure rather than a burden. Fortunate indeed 
 is the man who is so gifted. The consciousness of the pos- 
 session of such powers and the use of them in right direc- 
 tions must be a delight to their possessor." 
 
 i-i :^ y^ ^ ^ ^^ ^ 
 
 "But it was the crowning excellence of him whose mem- 
 ory we honor to-da}-, that he was as pure, as noble in heart 
 as he was great in mind. In him there was that fine and har- 
 monious combination of high moral qualities and great intel- 
 lectual powers which makes the model man. This combina- 
 tion of moral and intellectual qualities is what so greatly com- 
 mended this man to the regard and esteem of his cotemporar- 
 ies, and in what still keeps his memory fresh." 
 
 ^ :ic ^: :*: ^ ^ :»; 
 
 "Well it is for the law3'ers of the present day, and well it 
 will be for those who are to follow them, that the portrait of 
 such a law3-er should be ever looking down upon them from 
 the walls of this hall of justice. 
 
 Its presence here will be at once an inspiration and a re- 
 straint. 
 
 With the form and features of John Marshall, the great 
 expounder of the Federal Constitution and the founder of our 
 Federal jurisprudence, and with the forms and features of such 
 of his disciples as John H. Peyton, Thomas J. Michie and John 
 B. Baldwin, ever before them, the law3'ers who come here to 
 practice their profession should not go wrong." 
 
 At the conclusion of Major Elder's speech, calls were 
 made on Col. John L. PcN'ton, who arose and responded in a 
 few brief remarks which can be found on page i8 of this pam- 
 phlet. 
 
 [From Yost's Weekly.] 
 
 PRESENTATION OF A PORTRAIT. 
 
 A goodlj' compan}^ including a number of ladies, assem- 
 bled in the Court-house at noon on Friday last to witness the 
 
27 
 
 presentation to Augusta County of the portrait of Hon. John 
 Howe Peyton, than whom the old county never had a more 
 distinguished son, for although born outside of her confines, 
 the major part of his long and useful life was spent in her 
 service, and the lustre of his fame forms one of her richest 
 heritages and is indissolubly interwoven with her history and 
 progress. 
 
 The meeting was called to order by Capt. T. D. Ranson, 
 and, upon his motion, George M. Cochran, Esq., was desig- 
 nated to preside. Mr. Cochran briefly stated that the object 
 of the meeting was the presentation to the Board of Super- 
 visors of Augusta County of a portrait of the late Hon. John 
 Howe Peyton and its acceptance by the authorities. 
 
 On behalf of Col. John Lewis Peyton and other descend- 
 ants of the great lawyer, Capt. James Bumgardner made the 
 presentation address. It was a theme worthy of the best 
 effort and the address was worthy of the theme, and worthy 
 too of the head and heart of the learned and gallant gentle- 
 man chosen for the task. He sketched the distinguished 
 career of John Howe Peyton from his birth in Stafford county 
 in the year 1778. Endowed with talents of a high order, Mr. 
 Peyton entered Princeton at an early age, graduating from 
 that institution as Master of Arts in 1797. He studied law 
 under Judge Bushrod Washington of the Supreme Court of 
 the United States, and commenced the practice of his pro- 
 fession on the Fredericksburg circuit. In 1806 he was elected 
 as a member of the House of Delegates from Stafford County, 
 and re-elected the following year and served until 18 10 and 
 181 1. In 1808 he retuoved to Staunton, and was imme- 
 diately appointed Attorney for the Commonwealth for the 
 circuit surrounding Staunton, and subsequently also Com- 
 monwealth's Attorney for Augusta County. This latter 
 position was resigned b}- Chapman Johnson, himself a great 
 lawyer, for the reason, as he declared, that Mr. Peyton's 
 
28 
 
 qualifications for the offie were so superior that justice to 
 the county demanded his services. During the war of 1812 
 Mr. Peyton acted as chief of staff to General Porterfield, and 
 in the field as well as the forum rendered distinguished 
 service. From 18 16, when he was appointed Deputy U. S. 
 District Attorney to aid William Wirt, until his health 
 became impaired in 1844, Mr. Peyton continued to fill the 
 ofiice of State's Attorney, serving also several terms as 
 Mayor of the city and for eight 3'ears as a member of the 
 State Senate. 
 
 His busy, useful life closed in 1847, but the fragrance of 
 his memory lingers to this day, and his fame is one of the 
 memories of the county. Capt. Bumgardner quoted the 
 opinions of a long list of eminent men who were cotempora- 
 ries of Mr. Peyton and recognized his great power as a law- 
 yer. Among them was Daniel Webster, who in speaking of 
 the celebrated report written by Mr. Peyton in opposition to 
 the amendment of the Constitution of the United States, said 
 that the "reasoning and conclusion were unanswerable." 
 
 In closing, Captain Bumgardner earnestly and eloquently 
 summed up the salient points in the career of Mr. Peyton, 
 declaring him to have been a man of commanding abilit5% of 
 the highest culture, of profound legal learning, of the sternest 
 integrity and strictest honor; worthy to be commemorated bj^ 
 placing his portrait in the group of great lawyers which now 
 adorns the Court-house. 
 
 Major Thomas C. Elder was selected by the court to re- 
 ceive the portrait on behalf of the Board of Supervisors. The 
 selection was a happy one. Never have we heard in that 
 Court-house an address so chaste, so scholarly, so rich in 
 beautifully worded thought, so thoroughly impressive and 
 appropriate. It was a literary gem. To sketch it would be 
 to mar it, and we regret that our limited space does not per- 
 
29 
 
 mit its publication in tull, together with the address to which 
 it was a response. 
 
 Col. J. ly. Peyton, son of Hon. John Howe Peyton, was 
 present in the house, and calls were made for him to come to 
 the stand. In recognition of this manifestation, the Colonel 
 said he was taken by surprise in the call that was made, and 
 could only say that he felt gratified with the manner the gift 
 to the county had been received, and the eloquent and affect- 
 ing remarks which had accompanied the presentation of the 
 portrait and its reception. That he was pleased to see his 
 father's likeness on the walls of the hall where his voice had 
 so often resounded, and suspended in the midst of a people 
 he had loved so much and served so faithfully, for with him 
 it was "his country first, his country last, his country all the 
 time." 
 
 The portrait is in oil and a speaking likedess. It is from 
 Berkeley's Photo Studio, and was executed by a prominent 
 New York artist. It hangs above that of John B. Baldwin 
 and on the left of the great John Marshall. 
 
lietters. 
 
 FROM THE REV. J. HENRY SMITH, D. D., PASTOR OF THE 
 
 FIRST PRESBYTERIAN CHURCH, GREENSBORO, N. C, 
 
 ONE OF THE FEW SURVIVORS OF :\IR. 
 
 PEYTON'S OLD FRIENDS. 
 
 Col. John L. Peyton: 
 
 Greensboro, V. C, July 24TH, 1894. 
 
 Mv Dear Sir — I have just received from ^-oiir hand a 
 copy of the "Staunton Daily News" of the 21st inst., and I 
 have read with very great pleasure, the beautiful and elo- 
 quent and richly deserved tributes to your honored father at 
 the public meeting in your town called for the acceptance of 
 your father's portrait. It well deserves to be placed among 
 the purest and ablest and noblest of his talented and honored 
 associates and contemporaries. I congratulate \'on on so in- 
 teresting an occasion, and I sympathize with you in the filial 
 joy and pride and gratitude to God that your heart, I know, 
 felt, as those tributes were paid to your noble father's char- 
 acter and influence. Next to the fear of God, is the feeling we 
 cherish for a father, who has taught us in the right way of 
 virtue and honor, who has examplified such a life and led us 
 onward and upward. I think the 5th Commandment stands 
 in the decalogue where it does, because the love and rever- 
 ence to parents is next to the love and fear of God, in the es- 
 timation of God himself. 
 
 Greek and I^atin writers often classified and summed up 
 human duty in the following threefold way, — "to fear the 
 
gods — to honor one's parents, and to obej- the laws of the land.' ' 
 This was I think in the mind of Cicero when he said "in arist 
 focis est Rupublica," Plato sa^'s "let us believe then that we 
 can have no religious image more precious in the sight of 
 heaven than a father, or a grand-father or a mother worn out 
 with age, and that in proportion as we honor or delight in 
 them w'ith a religious jo}-, in the same proportion does God 
 himself rejoice. Such sentiments, I believe, are fragments of 
 the true and primitive religion carried abroad — but also soon 
 afterward, in so many respects corrupted, we recognize such 
 --entiments as a part of the original Divine law 'not wholly 
 "obliterated, thanks to God, by the fall. 
 
 For the sake of dear old Virginia, I thank you that your 
 father's form and face is where it is^to be an incentive to 
 virtue and patriotism, as it looks down from year to }'ear 
 upon all who enter your court of justice. 
 
 For your considerate kindness in sending me the paper, 
 and awakening thoughts of the long past, and with apologies 
 for this longer letter than I had thought to write, I am. 
 Gratefully yours, 
 
 J. Hexkv Smith. 
 
 FROM GEN. ECHOLS. 
 
 LorisviT.LE, Kv.,Jui.v 28, 1894. 
 MclJ. Thos. C. Elder, Staunton, Va.: 
 
 Mv Dear Major — After an absence of several days, 1 
 returned to this city yesterday, and found your postal of the 
 23rd inst., and also the newspaper containing an account of 
 the ceremony of the delivery to, and acceptance by, the 
 county authorities of Augusta County, of the portrait of the 
 late distinguished John Howe Peyton. I am very much 
 obliged to you for thinking of me, and giving me an oppor- 
 tunity of reading the addresses made by yourself and Capt. 
 
Bumgardner on the occasion referred to. I have read the 
 speeches with a great deal of interest, and I have been very 
 much impressed and pleased with your chaste, striking, and 
 eloquent address, as the representative of the Supervisors of 
 the county, on accepting the portrait. You have, with a 
 master's hand, delineated the character of Mr. Peyton, and I 
 hope that your address will be preserved as a fitting accom- 
 paniment of the skillful personation of the striking counte- 
 nance that the artist has presented. I recollect Mr. Peyton 
 very well. When I was a boy I saw him, and heard him 
 frequently at the bar, generally in Lexington. I have also 
 a very pleasant recollection of having enjoyed his elegant 
 and generous hospitality at his home. 
 
 When T can first remember Staunton the Staiintoh bar 
 was made up of men who will long live in the memory of 
 those who had the good fortune to know them. 
 
 Judge Thompson was on the bench, and around him 
 Thos. J. Mitchie, A. H. H. Stuart, J. B. Baldwin, David 
 Fultz, H. W. Sheffey and a number of other gentlemen, all 
 of whom together formed a notable group that would have 
 made anj' forum illustrious. 
 
 It is certainly a most fitting thing that the noble County 
 of Augusta shall have her Pantheon, in which shall be gath- 
 ered the statues and likenesses of her great sons, in order 
 that those who come after shall see the men who have given 
 to her her proud pre-eminence ■ among the counties of the 
 *'01d Dominion." 
 
 Again thanking- you for your kindness, and lioping to 
 see you in a few days, I am, very truly yours, 
 
 John Echols. 
 
 Many other interesting letters, have l)een received from 
 distinguished gentlemen in different parts of the State, but 
 neither time nor the limits of this pamphlet admit of their in- 
 sertion. Finis. 
 
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