The following sketches of John Howe Peyton, by someof his contemporaries, and the scanty material gleaned froman imperfect file of the Republican Farmer (newspaper) of1811-12, and from the Staunton Spectator from 1838 to 1847,(between 1811 and 1830, only a few mutilated and unboundStaunton newspapers exist,) and a small parcel of familypapers, letters, etc., which escaped destruction during thecivil war; are all that can be found to throw any lightupon the life of one of Virginia's purest men and greatestlawyers.[1] And thus his fame must largely rest upon the applauseand praises, which his efforts called forth, with his[ii]immediate hearers and admirers. This deplorable want ofmaterial for a portrayal of his life and character, is not peculiarto his case. Few of those who have astonished theircontemporaries by their wit and genius, and who were heldin the highest admiration in their day, have left behind themmemorials sufficient to justify their fame. This is so as tomany of Virginia's eminent lawyers, and of even some ofher most renowned public men. As to some of these the recordis decidedly nebulous. Patrick Henry left behind such scantyremains, that great as were his oratorical talents and patrioticservices, his fame rests rather upon the praises of others,than upon what he left behind of his own work. In this reflectedor traditional way, his record is splendid, and so isthat of John Howe Peyton, who, without overrating hismerits and doing injustice to the memory of any of the juristsof the time, may be styled the greatest legal genius of hisday. The universal opinion of his contemporaries goes toprove that in the science of criminal or penal law, of civilinjuries or torts, and as a Public Prosecutor he had no equal,and it is as well established that in no department of thelaw had he any superiors. And this want of material isequally true of his great contemporaries, such as Daniel Sheffey,B. W. Leigh, and Chapman Johnson, so that like his,their fame rests on tradition. Alas, that they had not leftsomething of their own productions—enough, at least, toenable us to have measured them as thinkers, writers andspeakers. That they were all great men is beyond a doubt,for it is only the great man who touches the heart of thepeople, as well as their intelligence.
There was little of incident or stirring adventure in thelife of Mr. Peyton, and this is the case generally,as to literary and professional men, but the life ofsuch a man should not be permitted to sink into oblivion.[iii]He is represented by his contemporaries to havebeen a great and truly good man, who pursued his profession,not merely to gain a subsistence, but to do good, to advancejustice and humanity, to promote the well being of his fellowcreatures, and the general interests of society. Not his eloquencealone, but all of his powers w