Colonel Alphonso Calhoun Avery (CSA)

Source: Reminiscences and Memoirs of North Carolina and Eminent North Carolinians : by Wheeler, John H. (John Hill), 1806-1882.:

Alphonso Calhoun Avery, now one of the Judges of the Superior Court, son of Colonel Isaac T. Avery, resides in Burke County. He is the eldest male survivor of this distinguished family. His three elder brothers, Waightstill, Clark, and Isaac J., (as we have recorded,) were killed in the late civil war.

He was born about 1837, liberally educated, graduated at the University in a large class of 70 members in 1857, among whom were B. B. Barnes, John W. Graham, L. M. Jeggitts, Thomas S. Kenan and others. In the proceedings of the commencement, Mr. Avery, then in his sophomore year, received at the hands of Governor Swain a copy of Shakespeare, a prize offered by the professor of rhetoric for the best composition in that class. "Uni. Mag.," IV, 278.

He studied law, and was just commencing the practice when he obeyed the call of his country to do duty for her defence. He was engaged at the battle of Manassas, where his leader, the gallant Colonel C. F. Fisher, fell, and did noble service under Pender. During the last closing years of the war, he was on the staff of General D. H. Hill.

Since the war he has devoted himself to the practice of his profession, of which he was the pride and ornament, only occasionally interrupted by his election to the Legislature. He was a member of the Senate in 1866 and again 1867, and a member of the Constitutional Convention in 1875.

He was the Democratic elector in the 8th district; and by his ability and exertions did much to insure its success.

He was elected Judge of Superior Courts, which elevated position he holds now. He married Susan, youngest daughter of Rev. Robert A. Morrison, and sister of Mrs. Stonewall Jackson.

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THE JACKSON-AVERY DUEL

At some time prior to the admission of Tennessee into the Union Andrew Jackson and Waightstill Avery, lawyers, fought a duel on "the hill on the south side of Jonesboro, Tenn. It seems to have been arranged that neither party desired to injure the other, and both fired into the air, pistols being the weapons used. John Adair was Avery's second, Jackson's being unknown.

"There are two versions as to the cause of the duel, the first being that Jackson had ridiculed Avery's pet authority-Bacon's Abridgment-and Avery, in his retort, had grown, as he afterward admitted, too sarcastic, intimating that Jackson had much to learn before he would be competent to criticise any law book whatever. Jackson sprang to his feet and cried: 'I may not know as much law as there is in Bacon's Abridgment, but I know enough not to take illegal fees.' Avery at once demanded whether he meant to charge him with taking illegal fees, and Jackson answered 'I do sir,' meaning to add that he had done so because of his ignorance of the latest law fixing a schedule of fees. But Avery had not waited for him to finish his sentence and hissed in Jackson's teeth 'It's as false as hell.' Then Jackson had challenged Avery and Avery had accepted the challenge. When they had arrived on the ground and exchanged shots, they shook hands; after which Jackson took from under his arm a package which he presented to Avery, saying that he knew that if he had hit Avery and had not killed him the greatest comfort he could have would be Bacon's Abridgment.' When the parcel was opened it contained, cut to the exact size of a law book, a piece of well cured bacon.

"The other version is that Avery promised to produce Bacon's Abridgrnent in court the following morning and that Jackson had gone to Avery's room and removing the book had substituted a piece of bacon in its stead in Avery's green bag. When Avery opened this bag in court the next day and the bacon fell out, he was so incensed that he challenged Jackson at once. The challenge had been accepted and shots exchanged, whereupon each had expressed himself as satisfied and the matter ended."[1]

A. C. AveryCOL. F. A. OLDS' ACCOUNT. In Harper's Weekly for December 31, 1904, is an account of this duel which had and still has the approval of Hon. Alfonzo C. Avery, oldest descendant then living of Hon. Waightstill Avery. It contains the challenge, which follows:

August 12, 1788.

Sir:

When a man's feelings & character are injured he ought to seek a speedy redress; you recd a few lines from me yesterday & undoubtedly you understand me. My character you have In{ured; and further you have insulted me in the presence of a court and a large audience. I therefore call upon you as a gentleman to give me satisfaction for the same. I further call upon you to give me an answer immediately without Equivocation and I hope you can do without dinner until the business is done; for it is consistent with the character of a gentleman when he Injures a man to make speedy reparation, therefore I hope you will not fail in meeting me this day from yr Hbl. St.

Col. Avery. Yrs. ANDW. JACKSON.

"P.S.-This Evening after court is adjourned."

THE FACTS OF THE CASE. These were told to Judge A. C. Avery by his father Col. Isaac T. Avery, who was the only son of Waightstill Avery. "When the latter practiced law in Mecklenburg, N. C., he and young Jackson were well acquainted. Avery was elected in 1777 the first attorney general of North Carolina. He afterwards married a lady who lived near Newberne, in Jones county, and soon after this marriage resigned and settled in Jones, becoming colonel of that county's yegiment of militia. His command was not in active service during the Revolution, except in some occasional troubles with the Tories, until it was called out when Lord Cornwallis invaded North Carolina. . . . He secured the passage of a bill creating the county of Washington, which embraced the whole State of Tennessee, and then became the leading member of the bar at Jonesboro, which was the county seat. At the close of the Revolutionary War Andrew Jackson went to Burke county and applied to Waightstill Avery to take him as a boarder at his country home and instruct him as a law student. Col. Avery told him he had just moved to the place, and had built nothing but cabins, and could not grant his request. Jackson went to Salisbury, studied law there [under Judge Spruce McCay], and settled at Jonesboro, until the new county of Davidson (with Nashville as the county seat) was established. . . . Just before the challenge to fight was sent by Jackson, Avery appeared in some laws at Jonesboro as opposing counsel to Jackson, and ridiculed the position taken by Jackson, who had preceded him in argument. Jackson considered the argument insulting and sent him the challenge. Col. Avery was raised a Puritan. He graduated at Princeton with the highest honors in 1766, and remained there a year as a tutor, under the celebrated Jonathan Edwards and the famous Dr. Witherspoon, who signed the Declaration of Independence as a representative of New Jersey. Avery was a Presbyterian and opposed on principle to dueling, but he so far yielded to the imperious custom of the time as to accept the challenge and go to the field, with Colonel, afterwards Governor, Adair of Kentucky as his second. After the usual preliminaries he allowed Jackson to shoot at him, but did not return the fire. There-upon, having shown that he was not afraid to be shot at, Avery walked up to young Jackson and delivered a lecture to him, very much in the style a father would use in lecturing a son. Avery was very calm, and his talk to the brave young man who had fired at him was full of good sense, dispassionate and high in tone, and was heard with great attention by the seconds of both parties, who agreed that the trouble must go no further, but should end at this point, and so then and there a reconciliation was effected between these two brave spirits. Col. Avery took the challenge home and filed it, as he was accustomed to file all his letters and papers, endorsing it 'Challenge from Andrew Jackson.'"

source: www.cojoweb.com/duels-wnchistory.html

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Alphonso Calhoun Avery of Burke County, North Carolina, was a lawyer, judge in the North Carolina Superior Courts, North Carolina Supreme Court justice, and a major in the 6th North Carolina Regiment during the Civil War. Avery saw action at the Battle of Manassas and was promoted to captain after the Battle of Seven Pines. Avery was captured by Union troops in the spring of 1865 and imprisoned at Camp Chase in Tennessee until he was paroled in August 1865.

He married Susan Washington Morrison in 1861 and Sallie Love Thomas in 1888. He had eleven children, including Isaac Erwin Avery and Gladys Avery Tillett

American Civil War Soldiers

about Alphonso Avery

Name: Alphonso Avery ,

Residence: Burke County, North Carolina

Occupation: Law Student

Enlistment Date: 16 May 1861

Side Served: Confederacy

State Served: North Carolina

Birth Date: 11 Sep 1837

Service Record: Enlisted as a 1st Lieutenant on 16 May 1861 at the age of 24.

Promoted to Full 1st Lieutenant on 16 May 1861.

Commission in Company E, 6th Infantry Regiment North Carolina on 16 May 1861.

Promoted to Full Captain on 1 Jun 1862.

Discharged for promotion Company E, 6th Infantry Regiment North Carolina on 5 Dec 1862.

Commission in D.H. Hills Staff Regiment North Carolina on 5 Dec 1862.

Promoted to Full Major on 5 Dec 1862.

Source Citation: Side served: Confederacy; State served: North Carolina; Enlistment date: 16 May 1861..

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Avery Alphonso Calhoun soldier lawyer jurist was born Sept 11 1837 in Morgan town NC He entered the union army in 1861 and was commissioned first lieutenant in 1862 was elected captain and the same year was appointed major and assistant adjutant general In 1888 he was elected associate justice of the supreme court of North Carolina for a term of eight years

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THE GROTON AVERY CLAN, Vol. I, by Elroy McKendree Avery and Catherine Hitchcock (Tilden) Avery, Cleveland, 1912. p. 619-622

Alphonsa (also seen in documents as Alphonso) Avery was born and reared at the old Avery home, Swan Ponds. He attended old Bingham School in Orange County, NC, and then entered the University of North Carolina, graduating in 1857 first in his class. He read law with Chief Justice Pearson until he earned his law license in 1860.

He married, first, on Feb 27,1861 at Cottage Home,NC, Susan Washington Morrison.

He married, second, on Dec 31,1888 at Asheville,NC, Sally Love Thomas.

He served in the Civil War as a first lieutenant in Company E, 6th North Carolina Regiment. He continued to rise through the ranks until on he was commissioned as colonel. He was captured by General Sherman's army and was held prisoner at Camp Chase and Johnson's Island until paroled in 1865.

When he returned to Morganton, he was elected to the state Senate. He strongly supported the expansion of the western N.C. railroad and the building of a state hospital in Morganton. He was later elected a Judge of the Superior Court of North Carolina.

(source: obituary, The News Herald, Morganton, NC. June, 1913; thanks also to the Avery family descendants for shared information)

He married, first, on Feb 27,1861 at Cottage Home,NC, Susan Washington Morrison.

He married, second, on Dec 31,1888 at Asheville,NC, Sally Love Thomas.

He served in the Civil War as a first lieutenant in Company E, 6th North Carolina Regiment. He continued to rise through the ranks until on he was comissioned as colonel. He was captured by General Sherman's army and was held prisoner at Camp Chase and Johnson's Island until paroled in 1865.

When he returned to Morganton, he was elected to the state Senate. He strongly supported the expansion of the western N.C. railroad and the building of a state hospital in Morganton. He was later elected a Judge of the Superior Court of North Carolina.

(source: obituary, The News Herald, Morganton, NC. June, 1913; thanks also to the Avery family descendants for shared information) Photo added by Jeffry Burden