The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-06

'"uso VI tne hlng. and abandoned the colony
10 itS doubtful fate. He had high examples
IN the cases Of some of the Fairisxes and in
tnat OF Sir John Randolph. the late Attorney
Seheral Instead OF pursuing this course no
oecame an ardent patriot and used his posi-
ton and his purse literally during the war.
immediately after peace had been established
ne condescended 20 sit upon the bench OF tho
court % his native county. OF such mate
mai was that purest OF all systems OF Judica-
ton formed in the early days OF the Common
wealth. This patriotic course unfortunately
was the first step towards his ultimate imam
cial ruin. Under the rules and custom
OF the county courts the senior justice
became in due time high sheriff Of
the county. The successor to this privilege
might decline the honor, II he pleased, but
such conduct would 10 that time have been
considered indecOrOus TO the Governor and
Council. whose duty and pleasure It usually
was 90 confirm the appointment. OF course,
Sir John was not the man TO be guilty of any
such breach of good conduct. although he
really did not desire the position.
CURIOUS COINCIDENCE.
Bva curious coincidence Sir Thomas Paw
ton. a remote but direct progentor Of Sir
John WAS the high sherin of Cambrideeshire.
in England early IN the fifteenth century
and resided at "Iselhamn his baronial seat
Our Sir John Peyton, when made high sheriff
of Gloucester hved at a place of the same
CambridgesAire. IL is now in Mathews
county, is spelled "Isleham." and stands con-
spcuously looking out upon the shores of
the Chesapeake on MObiack Bay. Mathews
was once "A part OF Gloucester. but was cut off
from .he latter county IN 1890, the very year
that Sir John Peyton died.
COST OF PATRIoTIsM.
We have seen how Sir John had adhered to
the patriot cause and had now assumed the
NaNN
eminent Tho first serious blow to his phi
vate fortune grew out OF the fact that during
tie war, when the state stood in great need
OF arms, no pledged his private means Tor q
large supply of these for the use of the troops
raised IN Gloucester. The State assumed the
dcOt. but It was not paid until after the patri-
one donor had been sued and judgment rem
dered against his estate. In the meantime
the troubles incident 10 collecting the taxes
also came upon him. His deputies in Office
neglected their duties and missused the moneys
they had collected. The inability 10 realize
money during the general financial distress
and the failure to recover from his deputies
brought about suit against him in the Cen
eral Court, which finally resulted IN a judy
ment involving his entire estate. Under these
distressing circumstances he made repeated
appeals to the Governor for relief. His petit
tons were strongly and apty put. but were IN
every case characterized by the dignity and
candOr of man who. although suffering from
the faults OF others and his own liberality.
based bis petitions upon no other grounds
than simple justice.
TWO PETITIONS.
Two of these herewith appended will not
only illustrate the manner and spirit of the
times. but, excite our sympathles IN behalf OF
tins unfortunate gentleman and his unmerited
fate. They are gwen verbatim OF llteratlm'
as they appear upon the records
RICHMOND. April 9th. 1857.
ITO His Excelency, the Governor Of Viz
ginia. in council The memorial of John Pey-
ton most respectfully represents that by the
Rotation OF Office II fell u your memOralists
Lot 70 act as high sheriff to- the county OF
Gloucester during the years 1872 and l7o3;
the discharge OF the functions whereof your
memOralst after legal qualification, entered
on the 9Th day Of Aprl, llS2; that your Mem
Oralst with the appreciation OF the court, APP
pointed John New. Thomas HAYWOOD, Richard
W ROyster and James Jones. ms deputies,
who entered into bond with good indemnify
ing securities for the faithful performance
of their several Offices that your memOriallst,
hoping that hIs sub-sherl1s would duly
gather amt pay into the treasury the money
collected under the various Revenue laws OF
the state has never on any occasion inter
fered ia the sd. Business. more than pointing
out to them the danger and lncOnyenlences
that would arise from delay. until finding by
tanedagst. himfOr arrearage OF Taxes due from
his sd. deputy sheriils. copies whereof are
herewith annexed. and that Executions had
been issued thereon, your memOrialist pro-
ceeded To save himself harmless by having re-
course to the mode pointed out by law, of
obtaining In a summary way judgement agst.
the sub-sherns and their securities 10 the
amt. of their several delnguencies. which lie
accordingly enectuated.
But your memorialist has with great con-
Germ discovered clerical detects The Sd.
judgements have been deemed erroneous by
the Hon BILE Judges Of the GenI Court. and
writs of supersedeas have been granted on
the same by legal rules not being determine
BILE until October next, your memOrlallst finds
himself deprived OF the remedy under the
law 10 which he had resOrted: and his own
private fortune exposed 20 the Operations OF
the pubhck executions before mentioned,
which must in their consequences reduce
vour melnOrialist and family 10 a certain un-
merted and irretrieyable ruin unless rescued
tuerefrOm by an lndulgent inter- OsitOn (Ot)
that Discretionary power which the laws IN
such cases have 50 wisely vested IN the Breast
OF the Executive. i his interpOsltlOn in his
favor your memOriallst is induced 20 hope tor.
with the more confidence because he can say
in the presence of God and man that not one
shilling of the publicK money has passed
thro his hands which the annexed certl-
cate Will make appear. And If necessary
your memOrallst Will AT any future day pro-
duce afidavits from the sub-sherihs of the
truth hereof And your memOralist further
soiemnly declares lie never did IN any man
ner whatever speculate. and therefore
he cannot he chargeable with either
speculatlOn or ENLIGHTENMENT under an
accumulation Of such hard and oppressive
events brought on HIM by no demerlt OF his
own. Y0ur mem rialist respectfully requests
that our Excellency. with the advice Of the
Council Of State, will be pleased 10 direct
that the Effect of the aforementioned iXecu-
tiOns may be suspended until your memorial
isl. unmpe led by the legal obstacles which
stay the process of judgements obtained by
him under tho Acts empowering high
sherins 10 proceed in a summary way
against their deputies may De EN-,
abled TO avail himself Of the lawful
means Of discharging the balance standing
agst. him on the Solicitors Books. our
memorialist finding judgements OF the Court
of iloster agst all tho securities OF his SUP,
sherilis. situated alike. and finding II would
only accumulate the expense 10y moving IN
the General Court after motion agst one
of them your menorialist declined any other
motions.
Tine determination of the Court being here
with annexed. your memorialist can only add
he has the honor TO be
our Excelencys
Most Obedt. and very Humbl. Servt..
II pFYIOE.p