The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1886-11-03
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James Parton, in his biography o
Andrew Jackson, makes mention Of ;
duel fought by General Jackson witt
Waightstill Avery ct Joncsboro, Tenn
in the last century. His account, how
ever, is very meagre and does not acIort
with the version OF the affair as told Dl
descendants and relatives OF Colone
Avery, many of whom still live in Bmk(
county, n. c.
In foot note TO page 1872, chapter IL
volume l, Parton says: ''Therc was 8
comic incident connected with this due
that General Jackson would not tell. \
gentleman once mentioned the duel tc
him. who told you about it, asked the
President, laughingly. General Adair.
Did he tell you what happened on the
ground9' NO Well, then,' | shant,
replied the General, still laughing"
The sscomic 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, 1853, Colonel Waightstill
Avery and Andrew Jackson were attend
ing court in Jonesboro il what is now
East Tennessee. At that time Tennes-
see was still part of North Carolina,
and Jcnesboro 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
time of the duel, and was about 21 years
of age. Colonel Avery was much older.
The two gentlemen were opposing couu-
sci in case under trial, in 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 a little diversion rather unusual
in a court of law.
Colonel Avery sometimes rode the cir
cult of his courts-which embraced most
of Western North Carolina and a por-
ton OF East Tennessee-on horseback.
carrying in pair OF capacious saddle
bags such articles as were necessary TO
his more immediate wants. One thing
always carried therein was {; copy Of
"Bacon's Abridgment," 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 "Bacon's Abridg-
ment'' and substituted for it q piece OF
bacon OF about the same size, wrapping
it up as the book had been to prevent
suspicion. In the course of the trial
Colonel Avery, having occasion 70 quote
an authority, sent for his book. The
package was brought to him, and wnen
1lnwrappcd, lc. a glitch OF bacon" stood
revealed to court and jury.
Avery was man Of great dignity Of
character and bearing, who could III
brook liberty OF any kind, least of all
an attempt to make him appear ridicu-
lous. Turning to Jackson he charged
him with what had been done, and de-
nounced him for lis act in most un-
measured terms. Jackson was stlng to
the quick, but apparently controlled
himself sufficiently not to attract atten-
ton to what he did in response to the
rebuke. Tearing fly leaf from. = law
book he wrote a challenge which, unob-
served, he passed across the table to
Colonel Avery, and which was promptly
acceptep. The following is an exact
copy of the original challenge, which is
still in the possession of a member Of
the Avery family, and from the wording
of its first sentence another communica-
ton would seem to have preceded it:
AUGsT, 18th, 17SS.
SIR: When mans feelings and char
acter are injured be ought to seek a
speedy redress: you reed few lines
from me yesterday and undoubtedly you
under stand me Ny character you have
injured: and farther you have lnsulted
me in the presence Of court and a larg
audience therefore call upon you as a
gentleman to give me satisfaction for the
same: and 1 further call upon you to
give me an answer Immediately without
Equivocation and [ hope You can DO
without dinner until the business done;
for it is consistent with the character Of
gentleman when he Injuries aman to
make a speedy reparation, therefore l
hope you will not fail in meeting me
this day. from W obt st
Coll AVERY ANDw JACKSON.
P. S. this Evening after court ad-
journed-
The style of the challenge, its orthog-
raphy and its punctuation-or the want
of it-are equally remarkable, but the
demand is unmistakable, and the little
"P. S." at one side denotes great urgen.
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-d&y-''means
business.
The challenge is addressed on the
back:
"Coll' WhitestiIl (sic, Avery
1t was found among Colonel Avery, 5
papers after his death, carefully filed
away and docketed in very business like
style: "Jackson, D. p. Duel, l1SS.
The duel was fought about dusk Of
the day the challenge was given. in q
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 afterwarG became warm
friends. Indeed, long before the duel,
when Jackson first decided to go to the
bar, he was desirous to read law under
Waightstill Avery, who was very distin-
guished in his profession anC; was the
first Attorney General OF the State OF
[ II L !