Dueling a President - Waightsell Avery's Frontier Bacon

Dueling a President - Waightsell Avery's Frontier Bacon

Updated 9/4/21

Waightsell Avery fought in the Revolutionary War and was the first Attorney General of North Carolina.

More famously, he was the first (of many) to duel with future President Andrew Jackson.

Waightsell Avery

After graduating from Princeton, Waightsell Avery moved to North Carolina and began a law practice.

He quickly became one of the most successful lawyers in the colony and was soon thereafter chosen as Attorney General.

Despite his attachment to the Royal Government, Avery became an outspoken Patriot once the American Revolution began. 

Attorney General

Avery was elected to North Carolina’s Provincial Assembly and, after independence, assisted in writing the State’s first Constitution.

He was soon thereafter chosen as the State’s first Attorney General. 

Furthermore, he fought as an officer with the local militia, eventually achieving the rank of Captain. 

After hostilities ended, Waightsell served in the North Carolina Assembly on several occasions.

Bacon

By 1788, Avery was one of the most important lawyers in the State.

While participating in a trial in Jonesborough (now Tennessee), Waightsell had a run-in with future President Andrew Jackson.

The details of the incident are fuzzy, but legend has it that Avery had a habit of referring to ‘Bacon’ during his arguments. Whether this was a law book by Francis Bacon or Matthew Bacon is difficult to determine, but apparently Jackson decided to play a bit of a joke.

Jackson replaced the law book in Avery’s saddlebag with an actual cut of bacon, embarrassing Waightsell in the process.

Duel

The 47-year-old Avery decided to lecture the 21-year-old Jackson about proper behavior.

He did this right in the courtroom, in front of an audience. 

Jackson was mortified and wrote two letters to Avery challenging him to a duel.

They met on the shooting ground the next day.

Again, the details regarding who actually shot at who are fussy, but neither was hurt.

In fact, they found a new respect for each other and left the field as friends.

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Want to read about other duels during the American Founding?

Check out these articles:

Charles D. Cooper’s Letter Starts a Duel

John Cadwalader Shoots ‘That Damned Rascal’ in the Mouth

Lachlan McIntosh’s Military Honors Get Overshadowed

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