Memoir of John Howe Peyton: in sketches by his contemporaries, together with some of his public and private letters, etc., also a sketch of Ann M. Peyton
History
Memoir of John Howe Peyton: in sketches by his contemporaries, together with some of his public and private letters, etc., also a sketch of Ann M. Peyton
Peyton, Anne Montgomery, 1802-1850; Peyton, John Howe, 1778-1847
"It has been written of him that he was equally versed and at home in
every department of the profession (unless admiralty and maritime law be
excepted) but I think it was as a common law lawyer that he excelled,
and that it was in the common law he found his chief delight. He was
perfectly conversant with the principles of the Feudal law and
immemorial usages of England as expounded by Littleton, Coke, Bacon, and
all the fathers and great interpreters of English jurisprudence.
"Having come to the Bar while special pleading was yet a legal science
and carefully practiced system, and before popular and not too well
informed legislatures sought to 'simplify' the practice of the law by
Statutes of Jeofails, he was, without doubt, one of the most practiced
and expert special pleaders of his time. His naturally astute and
logical mind, finding its expression through the channels of a terse and
luminous style, caused his pleadings in all their stages to be master
pieces of art.
"His fame as a prosecutor of the pleas of the Commonwealth has never been
surpassed, if equaled, in Virginia. On this field he achieved triumphs
of the most brilliant kind. His pride in his profession, and the great
principles of right and justice underlying it, no less his inborn
contempt for chicanery and fraud, not to speak of crime in its grosser
forms, combined to make him a terror to evil doers. Some critics, even
among the profession, sometimes were disposed to censure him as too
harsh and unrelenting towards the prisoner at the bar, but if every
circuit throughout our land possessed at this day so able, fearless and
conscientious a prosecutor as did the Augusta and the surrounding
circuit at that happier day in our history, perhaps we might find less
cause to deplore the depreciation of the public morals, which so
painfully invest the present era.
Public-domain text, read in full here on John Shaqi.
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