The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1886-11-04
(From the PhiladcIphiu TimcsJ

| IN Court.
(From the Philadelphia Tiurc,D
James Parton, in his biography of
Andrew Jackson, makes mention of a
duel fought by General Jackson with
Waightstill Avery ut JoncSboro, Tenn,
in the last century. His account, how
ever, is very meaSrc and does not accord
with the version of the affair rs told by
descendants and relatives of Colonel
Avery, many Of whom still live in Burke
county, n. c.
In foot note to page 1G2, chapter II,
volume |, Parton says: "Thore was a
comic incident connected with this duel
that General Jackson would not tell. A
gentleman once mentioned the duel to
him. who told you about it?' asked the
President, laughingly. General Adair
Did he tell you what happened on the
ground? No Well, then, 1 shant,
| replied the General, still laughing"
The "comic incident" to which Gener.
al Jackson alluded, and which he refused
to relate, is what is understood to have
caused the duel and is said never to have
been made public. What it was and how
| it occurred has been related to me several
times, as follows:
In August, 1788, Colonel Waightstill
Avery and Andrew Jackson were attend
ing court in Jonesboro in what is now
East Tennessee. At that time Tonnes
see was still part of North Carolina,
and JonesbOro was the seat Of one of the
three district courts held for the then
Western District of North Carolina The
town IS now the county seat of Washing
ton county, Tennessee. jackson had
but recently been called to the bar at the
tlmc OF the duel, and was about q years
OF age. Colonel Avery was much older.
Ihe two gentlemen were opposing coun-
sci III case under trial, III which Jack,
son, it is said, felt that he had but little
chance for success. In spirit Of mis-.
chief, probably, he determined to at
tempt little diversion rather unusual
In court of law.
Colonel Avery sometimes rode the cir
cult of his courts-which embraced most
of Western North Carolina and q por-
ton of East Tcnncssec--on horseback,
carrying in a pair Of cnpacious saddle
bags such articles as were necessary to
his more immediate wants. One thing
always carried therein was copy of
''Bacon's Abrid9mcnt," ," one of the stand
ard law books Of those days. jackson
was aware that Colonel Avery was in the
habit of carrying this book, and on the
day for trial, before their case was called
he went to Colonel Avery's saddle bags,
took out the copy of "1}acOn's Abride-
ment" and substituted for it q piecc of
bacon of about the same size, Wrapping
1T up as the book had been to prevent
suspicion. In the course Of the tria
Colonel avery, having occasion TO quot,
an authority, sent for his book. The
package was brought to him, and whcl
unwrapped, 70! Glitch of bacon stoo,
revealed to court and jury.
Avery was n man of great dignity O
character and bearing, who could il
brook liberty of any kind, least of al
an attempt to make him appear ridicu.
lous. Turning to Jackson he charged
him with what had been done, and de-
nounced him for his act III most un-
measured terms. Jackson WAS stung to
the quick, but apparently controlled
himself sufficiently not to attract attcn-
ton to what he did i'll response to the
rcbuke. Tearing a fly leaf from a law
book he wrote challenge which, unob-
served, he passed across the table to
Colonel Avery, and which was promptly
acceptep. The following is IN exact
copy of the original challenge, which is
still IN the possession Of Il mcmbcr of
the Avery family, and from the wording
OF It's first sentence another communica-
ton would seem to have preceded it:
AUGsT, 18th, 178S.
SIR: When mans feelings and char
actcr arc injured he ought to seek a
speedy redress: you reed IL few lines
from me yesterday and undoubtedly YOU
under stand me My character You have
injured: and farther you have msultcd
me III the presence OF court and Il larg
audience l therefore call upon you as a
gentleman to give me satisfaction for the
same: and / further call upon you to
give me an answer Immediately without
EqulTocatlOn and ! hope YOU can do
without dinner until the business done;
Tor 1T IS consistent with the character of
a gentleman when he Injuries aman to
make speedy rcparation, therefore
hope you will not fail in meeting me
this day. from yr obt st
COLL AVERY ANDw JACKSON.
Z. 5. this Evening after court adj
| journed-
The style of the challenge, it's orthog-
raphy and its punctuation-or the want
of it-are equally remarkable, but the
demand is unmistakablc, and the lite
''P. 5. at one side denotes great urecn.
cy. 1t was evidently written under great
excitement, though with strong effort
at self control, and the whole document
to use the slang of to-day-"' means
business"
The challenge is addressed on the
back:
"ColP Whitestill (sicj Avery"
1t was found among Colonel AYcrv's
papers after his death, carefully filed
away and dockctcd in very business like
style: "Jackson, ID. p. Ducl, 1888"
The duel was fought about dusk of
the day the challenge was given, in a
ravine near the Court House in Jones
boro. Shots were exchanged, but fortu-
nate neither party was hurt. Jackson
declared himself satisfied, and the two
gentlemen aftcrward became warm
friends. Indeed, long before the duel,
when jackson first decided to go to the
bar, hc was dcsirous to read law under
Waightstill Avery, who was very dis!in-
guishcd in his profession and was the
first AttorncyGcncrol of the State Of
North Carolina. At the time Of Jack
! sons nDDOintmCDt 40 eOlicitOI. or H.,