The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-06-23
June Il, 1T77 Governor Caswell APP

rn~iSSlOnerS from Virginia, ana enter
into a treaty with the Cherokee In
dians. He was doubtless led, by his
Journey in the west. to appreciate the
climate Of that region. From over the
mountains he writes to Governor cas-
we'll: General Rutherford has never
sent any Talks to the Indians this
summer. The Indians were very anXl-
Gus to receive a talk directly from the
Great Beloved Man Of North Carolina
before they ventured themselves down
into this State. Perhaps it might have
a very good tendency to send a talk
to them to meet at Cathey's Fort.
They imagine that your EXcellency
| has neglected them.
Yours most respectfully,
WAIGHSTILL AVERY.
The treaty was concluded on July
20, at Fort Henry, near Long Island.
Made Attorney General.
He was given additional evidence of
the confidence the people had in him
| when on January II, 1878, Colonel
Avery received his commission as the
first Attorney General Of North Caro-
lima. The same year he met at New
Bern and married a young widow,
Leah Franks. who was the daughter
Of William Probart. His wife had a
large farm in Jones county, upon
which he settled. Her mother was
the daughter of Sir Yelverton Peyton,
Of Maryland, from whom descended
the family Of Peytons, we'll known in
Virginia, Kentucky and Tennessee.
In 1879 he resigned the office of At
torney General and accepted that Of
colonel Of the militia of Jones county,
in the place Of Nathan Bryan. The
militia was then always more or less
active in service. In this capacity he
was engaged for more than two years.
But in 1881, finding the climate Of
the low country was impairing his
health, he employed Harvey Williams
to take charge Of his wife, and two
little daughters and his negroes, and
remove them to Swan Ponds, in Burke
county. This beautiful estate was sit
uated on the CataWba, n was pur-
chased from Hunting John Nc
Dowell, of Pleasant Gardens Colonel
Avery joined his family late in the
year 1871, after it became apparent
that our ancestors had won their in
dependence.
Shortly after Colonel Avery came
! to his new home he accepted a chal-
lenge to a duel from Andrew Jackson,
: then a young lawyer at JonesbOro. He
!, went on the field and allowed Jackson
! to shoot at him but he did not return
j. the fire. After Jackson a fired
: Colonel Avery walked up to him an6
delivered him a lecture. Jackson hao
known Colonel Avery in Mecklenburg
and had applied to him for board an6
:, instruction As a law student. Colone
: Avery had declined to take charge O.
him, becaus he was living in q small
= house in the country and had no Don
u for boarders, w~hereupon jackson
challenged him to fight.
" Colonel Avery was not a tranger t,
the people Of Burke county, an
hence, after his remova to that oun
ty, represented it il the House Q
Commons from 1882 to 1885 an
d 1898, and in the Senate in 1886. H
n was industrious and methodical, an,
It was the owner Of the most extensiv
d and well selected library in the west
IF ern part Of the State. Upon the de
struction Of the State House by fir
re in 1871, the Governor was enable
to draw from it the only complet
is collection Of printed copies Of tn
% Acts and Journals of the Assembl.
ut known to be eXtant. This librar
e, must have been procured subsequen
3. ty to his settlement at swan Ponds, f
IN in 1880, while occupying CharlOtt
ne Lord CORVALLIS reduced to ashes h
Office, his library, and many Of h
I'd papers
n His Death.
at In the year 1901 Colonel Avery WI
rendered helpless in his lower liml
he by paralysis, but continued in tt
/ practice of law from Raleigh to Jone
n. boro. A few months before the pul
IS LEGATION Of the Mecklenburg Declar;
st ton Of Independence he was rendere
ny speeches. by a third stroke Of paral
sis, and hence we are deprived of h
ne testimony as to that instrument.
ne 1921 he died at his place in Burl
county. He was the last survivor
lrt the men who had been prominent
IT. the provincial affairs OF North Car
ne lima. Governor Johnson had died
1914; General Person in the last We
OF Of the eighteenth century. Like 1t
dr. last leaf in autumn, he had chung
n life when all else had departed. I
no was an able and patriotic man. a.
% had received many marks of pub
ne confidence in his long and EVENT.
en- career.
ion Mrs. Avery survived her husba
ma several years, and was a lady of gre
intelligence and ~amiability. To IL
ate union were born four children-th1
IN daughters and a son. His daught
the Elizabeth, married William Leno