Waightstill Avery
Encyclopedia
Waightstill Avery was an early American lawyer and soldier. He is noted for fighting a duel with future U.S. president Andrew Jackson
in 1788.
.
Avery married Leah Probart Francks (d. 13 January 1832) on 3 October 1778 in New Bern, North Carolina
.
A grandson, Isaac E. Avery
, served as a colonel
in the Confederate States Army
during the American Civil War
, perishing at the Battle of Gettysburg
. Another grandson was William Waightstill Avery
, speaker of the North Carolina Senate
and a member of the Confederate Congress. http://www.visitburkecounty.com/legend.htm
es and in that capacity helped draft the first North Carolina Constitution
. He was the first Attorney General of North Carolina
(1777–1779) and a colonel in the state’s militia
during the American Revolutionary War
; he also served in the North Carolina General Assembly
(the House of Commons in 1782, 1783, 1784, 1785, 1793, and the Senate in 1796). He was among the early instigators clamoring for the colony's independence from Great Britain
.
According to the Dictionary of North Carolina Biography (ed. Powell, Vol I. p. 70) "In 1780, while occupying Charlotte
, Cornwallis ordered the burning of Avery's office; of his books and papers, only those stored at the home of his friend Hezekiah Alexander were saved. This evidence of displeasure was visited only upon those whom Cornwallis considered leading offenders.”
, then a young territorial lawyer. Avery, also a lawyer, would often proclaim "I refer to Bacon"—the noted law text written by Francis Bacon
—when making a point. Jackson once replaced a copy of the text with an actual side of bacon
in Avery’s saddlebags. When Avery criticized him for levity in the courtroom, “Old Hickory” issued the duel
challenge. The two men met on the field of honor, each intentionally missed the other while firing, and they left fast friends.
was named for him, as is the Waightstill Avery Chapter of the Daughters of the American Revolution
in Brevard, North Carolina
.
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
in 1788.
Family
Avery was descended from the Plantagenet Kings of England, as well as several Magna Charta Sureties and William Marshal (1st Earl of Pembroke) through his grandmother Susan / Susannah Palmes (c. 1665 - 2 October 1747, Groton CT). He was a descendant of Christopher Avery (born England, died 12 March 1670) who had come to America in 1630 aboard the Arbella as part of the Winthrop FleetWinthrop Fleet
The Winthrop Fleet was a group of eleven sailing ships under the leadership of John Winthrop that carried approximately 700 Puritans plus livestock and provisions from England to New England over the summer of 1630.-Motivation:...
.
Avery married Leah Probart Francks (d. 13 January 1832) on 3 October 1778 in New Bern, North Carolina
New Bern, North Carolina
New Bern is a city in Craven County, North Carolina with a population of 29,524 as of the 2010 census.. It is located at the confluence of the Trent and the Neuse rivers...
.
A grandson, Isaac E. Avery
Isaac E. Avery
Isaac Erwin Avery was a planter and an officer in the Confederate States Army. He died at the Battle of Gettysburg during the American Civil War...
, served as a colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
in the Confederate States Army
Confederate States Army
The Confederate States Army was the army of the Confederate States of America while the Confederacy existed during the American Civil War. On February 8, 1861, delegates from the seven Deep South states which had already declared their secession from the United States of America adopted the...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, perishing at the Battle of Gettysburg
Battle of Gettysburg
The Battle of Gettysburg , was fought July 1–3, 1863, in and around the town of Gettysburg, Pennsylvania. The battle with the largest number of casualties in the American Civil War, it is often described as the war's turning point. Union Maj. Gen. George Gordon Meade's Army of the Potomac...
. Another grandson was William Waightstill Avery
William Waightstill Avery
William Waightstill Avery was a North Carolina politician and lawyer. Born in Burke County, North Carolina, he was the brother of Isaac E. Avery, the son of Isaac Thomas Avery, and the grandson of Waightstill Avery. In 1846 Avery married Mary Corinna Morehead, the daughter of Gov...
, speaker of the North Carolina Senate
North Carolina Senate
The North Carolina Senate is one of the two houses of the North Carolina General Assembly.Its prerogatives and powers are similar to those of the other house, the House of Representatives. Its members do, however, represent districts that are larger than those of their colleagues in the House. The...
and a member of the Confederate Congress. http://www.visitburkecounty.com/legend.htm
Career
Avery was elected to the colonial assembly in 1772 and served as attorney-general for the Crown. In 1775 and 1776, Avery was elected to the North Carolina Provincial CongressNorth Carolina Provincial Congress
The North Carolina Provincial Congresses were extra-legal unicameral legislative bodies formed in 1774 through 1776 by the people of the Province of North Carolina, independent of the British colonial government.-First Provincial Congress:...
es and in that capacity helped draft the first North Carolina Constitution
North Carolina Constitution
The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, United States; it is the highest legal document for the state and subjugates North Carolina law...
. He was the first Attorney General of North Carolina
North Carolina attorney general
The Attorney General of North Carolina is the head of the state's Department of Justice and provides legal representation and advice to all state agencies. He or she does not have the authority to prosecute specific crimes unless requested to do so by a local district attorney...
(1777–1779) and a colonel in the state’s militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
during the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
; he also served in the North Carolina General Assembly
North Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
(the House of Commons in 1782, 1783, 1784, 1785, 1793, and the Senate in 1796). He was among the early instigators clamoring for the colony's independence from Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
.
According to the Dictionary of North Carolina Biography (ed. Powell, Vol I. p. 70) "In 1780, while occupying Charlotte
CHARLOTTE
- CHARLOTTE :CHARLOTTE is an American blues-based hard rock band that formed in Los Angeles, California in 1986. Currently, they are signed to indie label, Eonian Records, under which they released their debut cd, Medusa Groove, in 2010. Notable Charlotte songs include 'Siren', 'Little Devils',...
, Cornwallis ordered the burning of Avery's office; of his books and papers, only those stored at the home of his friend Hezekiah Alexander were saved. This evidence of displeasure was visited only upon those whom Cornwallis considered leading offenders.”
Duel with Andrew Jackson
In 1788, Avery was challenged to a duel by Andrew JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
, then a young territorial lawyer. Avery, also a lawyer, would often proclaim "I refer to Bacon"—the noted law text written by Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...
—when making a point. Jackson once replaced a copy of the text with an actual side of bacon
Bacon
Bacon is a cured meat prepared from a pig. It is first cured using large quantities of salt, either in a brine or in a dry packing; the result is fresh bacon . Fresh bacon may then be further dried for weeks or months in cold air, boiled, or smoked. Fresh and dried bacon must be cooked before eating...
in Avery’s saddlebags. When Avery criticized him for levity in the courtroom, “Old Hickory” issued the duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
challenge. The two men met on the field of honor, each intentionally missed the other while firing, and they left fast friends.
Honoraria
Avery County, North CarolinaAvery County, North Carolina
- Climate :As a result of its relatively high elevation, Avery County has a Humid continental climate enjoying considerably cooler summers than most of the rest of the Eastern US. Likewise, winters are longer, colder and snowier than most other locations in the region. This can be evidenced by the...
was named for him, as is the Waightstill Avery Chapter of the Daughters of the American Revolution
Daughters of the American Revolution
The Daughters of the American Revolution is a lineage-based membership organization for women who are descended from a person involved in United States' independence....
in Brevard, North Carolina
Brevard, North Carolina
Brevard is a town in Transylvania County, North Carolina, United States. The 2005 population estimate by the United States Census Bureau was 6,643. It is the county seat of Transylvania County....
.