THE EARLY YEARS

The first of six children of Arthur A.M. Payne and Mary Conway Mason Fitzhugh, William Henry Fitzhugh Payne was born near Clifton, Virginia on January 27, 1830. William's lineage traces back into Virginia's great families. His mother was the great granddaughter of Augustine Washington, George Washington's half-brother. The Payne family had lived in Virginia since mid-1620's. His own great grandfather having served in the Revolutionary War.

William's youthful years were spent around the Warrenton area where he assisted his father in the horse breeding business and, being the oldest of the children, also helped his with his siblings, after his mother passed away in 1842.

He was a decent student in the local school and at age 16 was enrolled in Virginia Military Institute in Lexington, Virginia. While a student there, he became friends with Jack Marshall (the grandson of Supreme Court Chief Justice, John Marshall), as well as with, Lucas Thompson and James Baldwin, whose fathers were judges in the Virginia courts. Perhaps it was from these relationships, that Payne's future interest in the law developed.

Payne entered V.M.I. in 1847. Although there seems to be no recorded description of the events, his "failure to graduate with the class was due to a silly piece of boyish mischief, in which (he) had for associates a more remarkable group of young fellows: Kirkwood Otey ... Lucas Thompson ... James Baldwin ... Jack Marshall ... and Mark Alexander." Although the school offered to them all to reenroll, and most took the offer, Payne did not because, in his words, he" fell in love about that time and determined to become a lawyer, and instead of returning to the Institute, went to the University of Virginia." In 1851, he graduated with a law degree from the university. Ironically it was the same year that Thomas Jackson was taking his position as an instructor at V.M.I.

He returned to Warrenton and set up his law practice in partnership with Samuel Clifton. On September 29th, he married Mary Elizabeth Winston, his second-cousin, and began his family.

In 1854, he is elected Commonwealth's Attorney for Fauquier County, just a year after he had become a father for the first time with the birth of the first of his 10 children, a son, William Winston Payne.

Although only 25 years old, Payne was already gaining a great reputation not only as a good lawyer, but also as a civic leader. Payne held the Commonwealth's Attorney position until the war broke out. Due to the war, no other attorney was ever appointed. So in fact, he held the position until the war's end.

With the passage of the Compromise of 1850 and other events that occurred throughout the country, including the Dred Scott Supreme Court case, the Kansas-Nebraska Act and the elections of 1856, discussions of disunion and secession grew throughout the South. These discussions were heard throughout the country, including in Warrenton, where Payne and other civic leaders "confer over approaching dissolution, which we considered certain."

Virginia had called a Secession Convention. Payne was a potential delegate, but his strong anti-Lincoln and stronger secession viewpoints may have prevented him from being elected. Those strong anti-Lincoln views would come back to haunt him at the war's end.

With the impending conflict, local citizens throughout many states began developing militias. In 1858, Payne and John Scott along with other men of north central Virginia, formed a volunteer cavalry which soon became known as The Black Horse Cavalry, for their gallant steeds and black hats, often plumed with a large black ostrich feather. This look would be adopted by J.E.B. Stuart and become his signature look throughout the war. The motivation for the Virginians was clearly stated by Payne. "These gentlemen were intensely Southern themselves, and apprehending the dissolution of the Union, thought it wise to prepare for the event."

The original Black Horse group consisted of 50 riders. They elected John Scott as their first captain.

In 1859, John Brown, with his raid on Harper's Ferry, would light the fuse that would lead to America's Civil War. Brown brought attention to a possible slave uprising with his attack on the federal arsenal. A troop of U.S. Army, under the direction of Colonel Robert E. Lee, were sent to put down the raid and arrest Brown. Lee enlisted the help of local militia to aid in this venture, including the Black Horse. The day before the Virginia State convention was to vote on secession, the Black Horse were sent to Harper's Ferry. The Black Horse were assigned the duty of escorting Brown, after his arrest, to jail; and would also serve as bodyguards for him throughout his trial, twice preventing mob lynching attempts. They then served as escorts, after Brown was convicted on charge of treason against the state, for him to the gallows and his hanging in December of 1859. This event was witnessed by Thomas Jackson, commanding another cavalry troop who described it as follows:

"John Brown was hung today at half past eleven a.m. He behaved with no unflinching firmness. The arrangements were well made and well executed under the direction of Colonel Smith. ... Brown rode on the head of his coffin from his prison to the place of his execution. The coffin was of black walnut, enclosed in a box of popular in the same shape as the coffin. He was dressed in black frockcoat, black pantaloons, black vest, black slouch hat, white socks and slippers of predominating red. ... The open wagon in which he rode was strongly guarded ... Brown had his arms tied behind him, and ascended the scaffold with apparent cheerfulness ... The sheriff placed the rope around his neck, then threw a white cap over his head, and asked him if he wished a signal when all should be ready. He replied that it made no difference, provided he was not kept waiting too long. ... Colonel Smith then announced to the sheriff, 'ALL READY' – which apparently was not comprehended by him, and the colonel had to repeat the order, when the rope (holding the trap door) was cut by a single blow, and Brown fell through about five inches, his knees falling on a level with the position occupied by his feet before the rope was cut. There was very little motion of his person for several moments, and soon the wind blew his lifeless body to and fro. ... Other troops occupied different positions around the scaffold, and altogether it was an imposing but very solemn scene."

It is reported that Brown had commented positively about the fair treatment he received from the Virginia horsemen, considering his crimes against the state.

Perhaps from their gallant appearance, or the spectacle of Brown's trial, the Black Horse began to receive recognition and notoriety throughout Northern newspapers. "Despite its humane treatment of Brown, Northern tabloids characterized the...