Col. Waightstill Avery

https://www.ncpedia.org/biography/avery-waightstill

A Patriot of the American Revolution for NORTH CAROLINA with the rank of COLONEL. DAR Ancestor # A004026

SIGNER OF THE MECKLENBURG DECLARATION OF INDEPENDENCE. http://www.ashevillelist.com/history/mecklenburg-signers.htm

Avery County was named after Colonel Waightstill Avery. Waightstill Avery, one of eleven children, was born to Humphrey and Jerusha Morgan Avery. May 10, 174 in Groton, Connecticut. His great, great grandfather, Christopher Avery had reached Massachusetts in the Puritan migration of the 1630's. He was from the Parish of Ipplepen in Devonshire, England.

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Hon. Waitstill Avery was born in Groton (Ledyard) in 1741. His father, Humphrey Avery, Esq., was an honored citizen of his native town, having represented Groton in the General Assembly of Connecticut nine times, commencing with 1732. He found means to send his son Waitstill, who was a promising youth, to Nassau Hall, Princeton College, where he graduated with honor in the class of 1767, and having subsequently studied law, we find him in 1769 seeking a Southern home, attracted doubtless by the influence of his classmates in college, many of whom came from the sunny South. He settled at Charlotte, Mecklenburg Co., N. C. Having the true Avery grit, he soon rose to eminence at the bar, and found time withal to assert his fearless patriot ism, doing much to awaken enthusiasm in the cause of independence. He was a signer and moving spirit, if not the author, of the celebrated Mecklenburg Declaration of Independence, adopted at Charlotte, N. C, May 20, 1775, one year, one month, and four teen days before the more celebrated, but not more pronounced, Declaration of Independence, July 4, 1776, from which we date our birth as a nation. The instructions to the North Carolina delegates in the Continental Congress, accompanying the engrossed copy of the Mecklenburg declaration, were in Avery's handwriting. This was the first concerted utterance, not for redress merely, but for absolute national independence of Great Britain. It had a powerful influence in strengthening the cause of freedom when the fear of consequences and a traitor's doom had kept members of Congress discreet in their deliberations, and prepared the delegates from all the colonies for a united declaration a year later. Mr. Avery was the first attorney-general of the State of his adoption, and was Mecklenburg's representative in the Legislature for many years. He was also a commissioner to negotiate with the Indians, a difficult and delicate trust, which he discharged with satisfaction to the State. He died in 1821, aged eighty years, full of honors, leaving an unsullied name to his posterity. A North Carolinian writes, " From his patriotism and activity he was the object of the malevolence of the British, who took particular pains to burn his law-office in Charlotte as the army of Lord Cornwallis passed through the Carolinas."

His antecedents from his youth did not allow him to approve of the code of honor as it prevailed South, but his rivalry at the bar as he rode the circuit of the courts sometimes led him into serious differences. On one of these occasions a rival lawyer took exception at the severe personalities of Mr. Avery, as it was alleged, and a challenge followed. Mr. Avery felt obliged to accept it or to be brought into disgrace, at which his high spirit revolted. He accepted the challenge, chose his weapons, and with his second and his surgeon went into the field. At the word his rival fired and missed Mr. Avery, who fired his pistol towards the zenith. The seconds now interfered, they shook hands and were friends. That rival lawyer was afterwards the hero of the battle of New Orleans and President of the United States. The challenge itself is still preserved by Avery's posterity in the original handwriting of the giver. Mr. Avery never had occasion to fight another duel.

History of New London County, Connecticut, With Biographical Sketches of Many of Its Pioneers and Prominent Men, p 447

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Waightstill had nine brothers and one sister, all born in Groton, Conn. as follows: Humphrey (1725); William (1726); Soloman (1729); Samuel (1731); James (1733); Jerusha ( 1735); Palmes (1737); Christopher (1739); Isaac (1743); and Nathan (1746).

In 1766 at the age of 25 he graduated from Princeton with honors and delivered a Latin salutatory. After this he studied law in Maryland and for a short time practiced in that state. About 1770 he came to North Carolina, lived in Salisbury about a year, then settled in Charlotte where he practiced law in the courtrooms of Mecklenburg, Rowan, Tryon and Anson.

Before and during the Revolution, he was connected with most of the conventions held in North Carolina. He was one of the group which wrote the Mecklenburg Declaration of Independence; of the Hillsboro Congress which formed a plan of government for the state; a member of the Halifax Convention of 1776 when it instructed its delegates to the Continental Congress to vote for independence; also a delegate from Mecklenburg County to the convention which drafted the State Constitution of 1776. He was appointed the first attorney general of North Carolina under the new constitution.

In 1778 when Andrew Jackson was young, Col. Avery an avowed Presbyterian and a Puritan, accepted a challenge to fight a duel. This was in accordance with the ethics of the times. In a criminal case before the court of Jonesboro, Avery had been severe in his comments upon some of the legal positions taken by Andrew Jackson. Jackson wrote a challenge and gave it to his critic. The combatants met and a shot fired from each pistol well above the heads of the respective adversaries settled the matter and put everyone in a jocular mood. The two men left the ground very good friends.

The duties of Avery's office took him much to New Bern, N. C. where he met the young widow Leah Probart Franks. They were married and he moved to his wife's plantation in Jones County near New Bern. In a short time after this, to escape the wretchedness of malaria, he acquired a large tract of land in the valley of the Catawba River from "Hunting John" McDowell in Burke County. Here he established his home which he called Swan Ponds. His three children, one boy and three girls, were born here.

Polly Mira (Aug 24, 1779) married Caleb Poor in 1796 and second time in 1823 Jacob Summey of Asheville, N.C.

Elizabeth (Aug 1782) married William Ballard Lenoir of Tennessee in 1802.

Isaac Thomas (Sept 22, 1785) married June 27, 1815 at Belvidere, Burke County, N. C. Harriett Eloise Erwin, daughter of Col. William Willoughby and Matilda (Sharpe) Erwin. She was born at Belvidere.

Selina Louise (Oct 27, 1788) married 1807 Thomas Lenoir of Fort Defiance, N. C. He was a brother of sister Elizabeth's husband.

He resumed the private practice of law and began to travel the western circuit. He represented Burke County in the lower house of the Legislature five times and was in the Senate during the term of 1796. Col. Avery became an early member of Quaker Meadows Presbyterian Church. In 1783 he was instrumental in obtaining a charter for Morgan Academy, the first institution for formal education in Burke County. In 1784 he was appointed to a commission to select a site and acquire land for the purpose of constructing a courthouse in Burke County. He continued the practice of law until 1801 when he was thrown from his horse, injuring his right leg so severely that he was never again able to walk, though he often served as a judge of the county court. He was a gentleman of the old school and until his death wore knee breeches, powdered wigs and the clothes of the time of George Washington. The later years of his life were spent at Swan Ponds with his wife, Leah, who survived him eleven years. He died in the judges chambers at the courthouse in Morganton Sept 30, 1819 and was buried in the family graveyard at Swan Ponds.

Isaac Thomas, the only son of Col. Waightstill, inherited Sean Ponds and he and his wife, Harriett, reared 16 children. His eldest son, William Waightstill Avery was born May 25, 1816. William Married Corrina M. Morehead, the daughter of John Motley Morehead, the Governor of North Carolina. Avery became a lawyer and a senator. At Marion, N.C. in the fall of 1851, Avery was beaten with a cowhide whip by Samuel Fleming, a merchant from Burnsville, who was a participant in a lawsuit in which Avery Appeared as legal counsel for Ephraim Greenlee. Avery was unarmed and a smaller man than Fleming. He could not defend himself. Several weeks later Fleming came to Morganton bragging of his courage and making unpleasant comments about Avery. When Fleming appeared in the courtroom and stood five feet from Avery and near the presiding judge, Avery shot Fleming dead where he stood. Avery was brought to trial for murder but was acquitted on the grounds of extreme provocation leading to temporary insanity. Avery remained popular in the world of politics and law.

William Waightstill Avery died July 3,1864 from wounds he received on the Winding Stairs about 20 miles from Morganton when the 1st Regiment N.C. Troops were overtaken by Kirk's raiders. He is buried in Morganton. His brother Col. Isaac Erwin was killed exactly one year before, July 3, 1863 at Gettysburg. Avery lead the attack of Cemetery Hill on a white horse, the only mounted man of the command. He was struck by a ball at the base of the neck and fell from the saddle. As he lay among the wounded and dying, he brought out paper and pencil and wrote in uncertain letters to his aide, Captain McPherson. "Major tell my father I died with my face to the enemy, I. E. Avery." The original note is now in the North Carolina State Archives. His body was brought by his faithful servant, Elijah, in a cart to Williamsport where it was buried. After the war, overzealous Confederates moved the body to a Confederate Cemetery, but the location has never been found. A third brother, Clark Moulton Avery was several times wounded. After being wounded at the Battle of the Wilderness, and lying on a litter, he was again hit in the body, neck and arm which was shattered by a minie ball. His arm was amputated and he was moved to the Orange County Courthouse where he was nursed until his death from infection six weeks later on June 18, 1864. His body was eventually brought back to Morganton for burial. A fourth brother, Willoughby Francis, was wounded at Sharpsburg, Gettysburg and seriously at Spotsylvania. Only a skillful operation saved him there. When the war ended he was 22 years old and plagued by his crippling wounds. He survived the war only eleven years. The four boys father, Isaac Thomas, seemed to give up his will to live at the news of the death of his third son. Isaac Avery died the last day of December1864.

Before William Waightstill's death at Winding Stair, he had a son born on his plantation in Mitchell County. His name was also William Waightstill and he was born September 3, 1863. He became an inventor, manufacturer, miner and farmer. Before his death, he had a son also named William Waightstill, born in Plumtree in 1914. He also became a miner and farmer. His son William Waightstill, Jr. became the Avery County Extension Agent and a vital part of the Avery County Community.

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From: Reminiscences and Memoirs of North Carolina and Eminent North Carolinians :

Electronic Edition.

Wheeler, John H. (John Hill), 1806-1882.

Waightstill Avery, born 1741, died 1821. There is no name in the annals of North Carolina that is more deserving of being perpetuated than the subject of this sketch. His family were the devoted friends of liberty, and many of them martyrs to its cause. In the Revolutionary war there were eight brothers of this name and family, all patriots. Some of them were massacred at Groton, Connecticut, and at Fort Griswold; some perished at Wyoming Valley. Some of this family still reside at Groton, Connecticut, (where the subject of this sketch was born;) some reside at Oswego and Seneca Lake, and some came to Virginia.

It was early in the year 1631 that the ship Arabella arrived in Massachusetts Bay, from London, and landed passengers at the place where now stand Boston and Charlestown, and where Governor John Winthrop, senior, had commenced an English settlement the year before. Among the passengers were Christopher Avery, of Salisbury, England, and his little son James, then eleven years of age. They proceeded to the point of Cape Ann, where Gloucester now stands, which was at that time one of the most flourishing fishing establishments along the shore, where fish were cured for the European markets by fishermen from England, and in connection with which were agricultural and other profitable industries.

Christopher settled there as a farmer, and became the possessor of valuable and productive lands, which he cultivated to advantage. He had left his wife in England, like many of the leading men who first came over "to spy out the land," for it was not easy to persuade their wives to leave their comfortable English homes and venture off upon the ocean on a passage of nearly a hundred days in a small vessel, crowded with passengers, to share the doubtful fortunes of an unknown wilderness.

The vessels sent from England by the merchant adventurers had for years rendezvoused at Cape Ann to cure and prepare the large quantities of fish taken by them for the European markets, and it was a remunerative trade for the farmers there. It had been a fishing and curing station for years, and with its variety of vegetables and abundance of fish, added to the game and other animal food obtained in trade with the Indians, the thriving community did not lack the means of good and wholesome living. They also had their little chapel where common prayer was offered on the Sabbath by "one Master Rashley, their chaplain," as we are told by Leckford. When the Puritans afterward settled at Boston they received and fellowshipped Chaplain Rashley for eight or ten years, although he was not of them exactly.

For ten years Mr. Avery, with his son James, enjoyed that pleasant community, his greatest privation being that of the disinclination of his wife to come over and join them in their new home. As he could not persuade her to cross the ocean, he was compelled to send her so much of his earnings and savings as he could spare for her support there. She never came to America.

In 1642 the Cape Ann settlement had become so considerable that the General Court of the Colony incorporated it as the Town of Gloucester, and the Rev. Mr. Blinman, a Dissenting minister, who had made an unsuccessful effort to settle with the Pilgrims at Plymouth, was, by the Boston authorities, sent to Gloucester with a small company of Welshmen, who had accompanied him over the sea, to settle. This was not so pleasant for Christopher Avery, who had so long been the leading man of the settlement with Chaplain Rashley, but he was a man of so decided mark that he was nevertheless elected over and over again as selectman of his new town, notwithstanding the persistent and shameful persecution of the newcomers.

In 1643 his son James Avery, then 23 years old, went to Boston and brought to his home in Gloucester his young bride, Joanna Greenslade, who had with her a certificate of good standing in the Boston church, dated January 17, 1644.

Notwithstanding Mr. Blinman's ecclesiastical precedence, he was rather overshadowed by Christopher Avery, the civilian and sometimes first selectman. Insomuch that after he had been there six or seven years he became "dissatisfied with his teaching," (as old Governor Winthrop wrote to his son John, then Governor of Connecticut,) and gladly accepted the call to settle at the mouth of the Thames, (Pequot,) where New London now stands.

He was accompanied by most of the leading members of his church at Gloucester, and among them James Avery with his young wife and three children. James sold all his land at Gloucester to his father Christopher in 1651, for he had settled at New London, October 19, 1650, with what was called the Cape Ann Colony. Mr. Blinman preached at New London about as long as he had at Gloucester, and then left, dissatisfied, for England. Christopher Avery remained in Massachusetts until after Blinman had left for England, and then joined his son James at New London, and in the valley of the Pequonuc.

James Avery and Joanna Greenslade had ten children, three born at Gloucester, before 1650, and seven at New London, afterwards. Their youngest son, Samuel, was born August 14, 1664, who married Susan Palmer, daughter of Major Edward Palmer and granddaughter of Governor John Winthrop, Jr., on the 27th of October, 1686, and with her had ten children, to wit: Samuel, b. August 11, 1687; Jonathan, b. January 18, 1689; William, b. August 25, 1692; Mary, b. January 10, 1695; Christopher, b. February 10, 1697; Humphrey, b. July 4, 1699; Nathan, b. January 30, 1702; Lucy, b. April 17, 1704; Waitstill, b. March 27, 1708, (had two wives;) Grace, b. June 2, 1712. When that portion of New London east of the Thames was set off as the separate town of Groton, in 1705, Samuel Avery, the father, was chosen the first moderator, and became the first selectman, which responsible position he held for twenty years--nearly up to the time of his death.

On the 5th of February, 1724, Humphrey Avery, (the sixth child of Samuel,) b. July 4, 1699, married Jerusha Morgan, daughter of William and Margaret (Avery) Morgan, and had twelve children, to wit: Humphrey, b. March 10, 1725; William, b. September 13, 1726; Solomon, b. July 17, 1728, who died August, 1728; Solomon, b. June 17, 1729; Samuel, b. October 5, 1731; James, b. August 13, 1733; Jerusha, b. June 7, 1735; Paulina, b. April 3, 1737; Christopher, b. May 3, 1739; Waitstill, b. May 10, 1741; Isaac, b. October 27, 1743; Nathan, b. November 20, 1746.

It was this Waitstill, the tenth child of Humphrey, who, after graduating at Princeton, (Nassau Hall) N. J., in 1766, studied law in Maryland, and moved to North Carolina in 1769, when he entered college at the age of twenty-one, he matriculated as Waightstill, thus changing the spelling of the old Winthrop name. His eldest brother, Humphrey, moved from Groton, where his family and ancestors had lived so many years, to Hempstead, Long Island, where he raised a large family. His brother, Waitstill, sixteen years younger than himself, as well as his youngest brother, Isaac, lived with him in their youth, and were both prepared for college at the select school of the Rev. Samuel Seabury there.

Deacon John Seabury, of Groton, who had married Elizabeth Alden, in 1697, granddaughter of John Alden, of the Mayflower, settled in Groton, 1704, and had a son, Samuel, b. July 8, 1706. The deacon was a cotemporary of Samuel Avery, b. 1664, who was the grandfather of Waightstill, of North Carolina. Alike prominent in Church and State affairs, Avery, the town's first selectman, and Seabury, the first deacon of the church, they were neighbors, friends, and their families were intimate.

Samuel Seabury, b. July 8, 1706, was licensed and preached as a Congregational minister in 1726, at the new church in North Groton. He declared himself a convert to Episcopacy in 1730, and next year went to London and was ordained by the Bishop of London. Returned in 1732, and was rector of the Episcopal church in New London for eleven years. Moved to Hempstead, Long Island, in 1743, where he kept a high school as well as preached until 1764, the year of his death. He it was, undoubtedly, who prepared Waitstill Avery for college, which he entered in1762.

His son, Samuel, born at Groton 1729, went to England in 1784, where he was consecrated the first Bishop of the Episcopal church in America. On his return he took charge of the church at New London, where he died in 1796. My opinion and belief is that on this trip to England, he was accompanied by his father's pupil, Isaac, youngest brother of Waightstill Avery, who became a rector of that church in Virginia, and who is said to have been ordained in England. He was 21 years old at the time of his old tutor's death, by whom, no doubt, he was educated for the Episcopal ministry, and about 40 when ordained in England.

There is a family tradition in North Carolina that Waightstill graduated at Yale college before going to Princeton, and that he was a tutor there; but his name nowhere appears in the Yale catalogues, and all the dates and circumstances seem to show its incorrectness. If he had graduated at Yale, the fact would be stated in the Princeton, as well as the Yale catalogues; but nowhere does it so appear.

As the name Waitstill is so historical, it is to be regretted that the master spirit of the Mecklenburg declaration and the patriarch of the North Carolina bar, ever changed the spelling. Still was the name of one of the maternal ancestors of the Winthrops, in England, at Groton manor, and Wait was another. Mrs. Susan (Palmer) Avery had an uncle, Wait Still, who in a matter of record at New London, April 16, 1713, is styled Major General Wait Still Winthrop, the middle name was often omitted in the signature in those early days. Susan named her son, b. March 27, 1708, after her distinguished uncle, and her son Humphrey gave the name to the distinguished North Carolinian. The first James Avery, and Edward Palmer, were distinguished in military and civil life; both were high commanding officers in successful wars with the Indians. They had served many years together in the Legislature and upon the bench, and in the early history of New London, they are constantly named together as taking the lead in all public affairs. The families being so intimate, it is not remarkable that Samuel, the youngest son of James Avery, should have wed Susan, the daughter of Major Palmer, and granddaughter of Governor John Winthrop, Jr., of Connecticut.

For this full and satisfactory account of the early history of this family, we are indebted to the unpublished manuscript of J. George Harris, of the United States Navy, residing at Groton, who is a lineal descendant of Christopher Avery, the common ancestor of all the Averys named.

Of this family there were eleven who were massacred at Fort Griswold, at Groton, Connecticut, by the English troops, commanded by that infamous traitor, Benedict Arnold, on the 6th of September, 1781; about 800 troops under his command attacked this fort, defended only by about 160 Americans. After a stout resistance they took it after heavy losses on both sides. Colonel Ledyard, commander of the fort, had ordered his men to cease firing, and stood near the gates prepared to surrender. The British entered; the officer shouted, "who commands this fort?" Colonel Ledyard replied "I did, sir; but you do now," presenting his sword with its point towards himself. His sword was thrust back through his body and he fell prone on the earth. This was a signal of indiscriminate slaughter, and the British crossed the parade ground in plattoons, firing upon the defenseless garrison, who had grounded their arms. With the bayonet they stabbed the dead and dying. Of the command of 160 they left scarce 20 able to stand; there they in heaps fallen one upon another, as brave a band as fought with Leonidas of Thermopylæ. Of these are "immortal names that were not doomed to die," and eleven of the name of Avery perished in that most infamous massacre by this demon of destruction.

In a letter from his brother Solomon Avery, of July 11, 1783, a copy of the original is to be found in "Uni. Mag.," IV, 245, he states:

"Eleven Averys were killed in the fort at Groton, and seven wounded; many Averys have been killed in this war. There has been no Tory named Avery in these parts."

From such a stock was Waightstill Avery descended.

Waightstill Avery came to North Carolina. He was truly an acquisition to any State. He was a gentleman and a scholar. He graduated at Princeton in 1766, studied law with Littleton Dennis, of the eastern shore of Maryland, and came to North Carolina, entering that province February 4, 1769, obtained a license to practice his profession, through Governor Dobbs, April 5, 1769, and settled in Mecklenburg, at the house of Hezekiah Alexander. His diary is preserved in the "University Magazine," vol. IV, p. 366, giving a narration of his travels through the State, from which it will be seen that he was welcomed and appreciated by the leading men of the country.

After entering the State, February 4, 1769, having passed the Virginia line he arrived at Edenton, where he became acquainted with Mr. Johnston, then clerk of the court, afterward Governor and judge, and also Joseph Hewes; he passed on to General Allen Jones' plantation, near the present town of Gaston; thence to Halifax, and arrived at Salisbury on March 2, 1769. Here he met Edmund Fanning, who was a native of the same province, a man of fine address, a scholar, and a lawyer of high attainment, who used every art and blandishment to draw Avery into an alliance with Tryon and the adherents of royalty. A personal friendship grew up, but no political alliance. After traversing every section of the province, from the Albemarle and the Cape Fear to the mountains, we finally find him settled at the house Hezekiah Alexander, who agreed to board him "at the rate of £12 for eight months, making allowance if he should not be there so long in the year." Here he associated with the patriots of the incipient Revolution, the Alexanders, the Brevards, the Grahams, Davidsons, Polks and others, with whom he cordially sympathized and united in the spirit of liberty and independence that soon pervaded the lovely valleys of the Yadkin and the Catawba.

This period was one of stirring interest. The sentiment of revolution was beginning to rouse the gallant men of that day to arms, and the section where he had located was the first and foremost in the fray. He united with the men of Mecklenburg "in the declaration of independence of the 20th May, 1775, and pledged his life, his fortune, and most sacred honor" to the sacred cause of liberty.

He was elected a member of the Provincial Congress which met at Hillsboro, August 21, 1775, and the next year to the same, which met at Halifax, November 12, 1776. This body formed the State Constitution, in which he rendered important service, and was one of the committee who formed this instrument, so wisely and perfectly formed that under it the State lived for nearly sixty years in prosperity and peace. The next year (1777,) he represented the county of Mecklenburg in the Legislature. William Sharp, Joseph Winston, Robert Lanier, and himself, made a treaty with the Cherokee Indians at the Long Island of the Holstein, "a treaty made without an oath, and one that has never been violated." On January 12, 1778, he was elected Attorney-General of the State.

July 3, 1779, he was appointed colonel of Jones County, (where he had removed,) in place of Nathan Bryan, resigned, and finding the climate of the low country was impairing his health, he removed, in 1781, to the county of Burke, and settled on a beautiful and fertile estate near Morganton, on the Catawba River.

The year previous (1778,) he had married, near New Berne, Mrs. Leah Frank, widow of Mr. Frank, who lived and died in New Berne, and daughter of William Probart, of Snow Hill, Maryland, a wealthy merchant there, who died on a visit to London.

In 1780, whilst the British occupied Charlotte, under Lord Cornwallis, his office was set on fire, and all his books and papers destroyed. In 1781 he removed to Burke County, and there he resided, in the practice of his profession, until the date of his death, 1821. He represented this county in the Legislature in 1782, '83, '84, '85, '93, in the House, and in 1796 in the Senate. At the period of his death he was considered "the patriarch of the bar."

It is doubtful if any one family in this State suffered more severely than did the distinguished and gallant Averys.

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from the Political Graveyard website: Avery, Waightstill (1741-1821) — of Burke County, N.C. Born in Groton, New London County, Conn., May 10, 1741. Father-in-law of William Ballard Lenoir; grandfather of Isaac Thomas Lenoir. Colonel in the Continental Army during the Revolutionary War; member of North Carolina state legislature, 1776, 1782-83, 1793; North Carolina state attorney general, 1777-79; member of North Carolina state senate, 1796. Died in 1821. Interment at Swan Ponds Plantaton Cemetery, Morganton, N.C. Avery County, N.C. is named for him.

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http://en.wikipedia.org/wiki/Waightstill_Avery

Waightstill Avery (10 May 1741, Groton, Connecticut – 13 March 1821, Morganton, North Carolina) was an early American lawyer and soldier. He is noted for fighting a duel with future U.S. president Andrew Jackson 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 Fleet.

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.

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 Congresses 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.”

Duel with Andrew Jackson

In 1788, Avery was challenged to a duel by Andrew Jackson, 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.

Honoraria

Avery County, North Carolina was named for him, as is the Waightstill Avery Chapter of the Daughters of the American Revolution in Brevard, North Carolina.

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Waightstill Avery_ was an eminent lawyer, born in the town of Groton, Connecticut, in 1747, and graduated at Princeton College in 1766. There were eight brothers of this family, and all true patriots; some of them were massacred at Fort Griswold, and some perished at Wyoming Valley. Some of the descendants still reside at Groton, Conn., and others at Oswego, and Seneca Lake, N.Y. He studied law on the eastern shore of Maryland, with Littleton Dennis. In 1769, he emigrated to North Carolina, obtained license to practice in 1770, and settled in Charlotte. By his assiduity and ability, he soon acquired numerous friends. He was an ardent advocate of liberty, but not of licentiousness.

http://www.ashevillelist.com/history/mecklenburg-signers.htm

In 1778, he married near Newbern, Mrs. Leah Frank, daughter of William Probart, a wealthy merchant of Snow Hill, Md., who died on a visit to London.

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=15027938&ref=wvr

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Children Elizabeth (Betsy) AveryPolly Mira AveryElizabeth (Betsy) AveryIsaac AveryParke AverySelina Louisa Avery http://www.mocavo.com/fs/4:1:LZPJ-MC1

http://www.myheritage.com/research/collection-68045/north-carolina-...

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"In 1778 when Andrew Jackson was young, Col. Avery an avowed Presbyterian and a Puritan, accepted a challenge to fight a duel. This was in accordance with the ethics of the times. In a criminal case before the court of Jonesboro, Avery had been severe in his comments upon some of the legal positions taken by Andrew Jackson. Jackson wrote a challenge and gave it to his critic. The combatants met and a shot fired from each pistol well above the heads of the respective adversaries settled the matter and put everyone in a jocular mood. The two men left the ground very good friends." http://www.averymuseum.com/waightstill%20avery.htm Read Less Submitted By lieblusk

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"In 1778 when Andrew Jackson was young, Col. Avery an avowed Presbyterian and a Puritan, accepted a challenge to fight a duel. This was in accordance with the ethics of the times. In a criminal case before the court of Jonesboro, Avery had been severe in his comments upon some of the legal positions taken by Andrew Jackson. Jackson wrote a challenge and gave it to his critic. The combatants met and a shot fired from each pistol well above the heads of the respective adversaries settled the matter and put everyone in a jocular mood. The two men left the ground very good friends." http://www.averymuseum.com/waightstill%20avery.htm

lieblusk originally shared this on 18 Mar 2013

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https://www.findagrave.com/memorial/15027938/waightstill-avery