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Andrew Jackson: Lawyer, Judge and Legislator

By Christopher G. Marquis | American History  | 0 comments  | Print This Post Print This Post  | Email This Post Email This Post

At this early stage in his career, Jackson began to earn a reputation for pugnacity. One day in court, Jackson found himself opposed to Colonel Waightstill Avery. Avery was an experienced and respected lawyer, of whom Jackson once had sought legal mentoring. In the course of an address to the court, Avery made a sarcastic quip regarding Jackson’s constant reliance on a journeyman’s lawbook, Matthew Bacon’s Abridgement of the Law.

Jackson, sensing his competence had been questioned, openly accused Avery of taking illegal fees. Avery denied this. Eyes ablaze, Jackson jotted down a message on a page of Bacon’s lawbook, tore it out and placed it before Avery. The older man, wanting to avoid a duel, made no response. A day later, Jackson issued a public challenge. It is telling that this is Jackson’s earliest known letter:

Agust 12th 1788
Sir: When a man’s feelings and character are injured he ought to seek a speedy redress; you recd. a few lines from me yesterday and undoubtedly you understand me. My charector you have injured; and further you have Insulted me in the presence of a court and larg audianc. I therefore call upon you as a gentleman to give me satisfaction for the Same; and I further call upon you to give Me an answer immediately without Equivocation and I hope you can do without dinner untill the business done; for it is consistent with the character of a gentleman when he Injures a man to make a spedy reparation; therefore I hope you will not fail in meeting me this day, from yr obt st.

Andw. Jackson
Collo. Avery

P.S. This Evening after court adjourned

Unable to avoid an encounter, Colonel Avery agreed to meet Jackson on a hill south of Jonesborough. Fortunately, conciliators prevailed on Jackson, and both men fired into the air. In good humor, Avery presented Jackson with a slab of bacon — a play on the lawbook at the center of the dispute. Jackson didn’t get the joke, and an icy silence prevailed.

The McNairy-Jackson party arrived in Nashville in October 1788. Jackson took up residence in an inn run by the widow Donelson and her children, including her daughter Rachel Donelson Robards. Rachel’s husband James Robards was a jealous and suspicious man. With the dashing young Andrew Jackson in the picture, Robards’ suspicions were inflamed.

Jackson immediately discovered richer law prospects in his new home. The frontier had become a haven for debtors seeking to escape their creditors. Until Jackson’s arrival, the only lawyer in the area had been retained by a combination of these debtors. Jackson championed the creditors, mostly merchants, and he prosecuted the cases boldly and successfully. The business interests of the newly settled land thus became his newest friends and allies.

The young lawyer became a pillar of Davidson County’s legal system. He handled between one-fourth and one-half of all cases during the next seven years. Most of these cases involved land titles, debts, sales and assault. Property and security were the main concerns of settlers, and Jackson’s ability to cham-pion both made him a popular figure in the county.

During his time as a Nashville lawyer, Jackson married Rachel. The events in the love triangle of Jackson, Rachel and Robards over the next three years are fascinating, if somewhat confusing. What is certain is that Rachel and Jackson fell in love with each other, and Robards’ hostile behavior pushed him further and further out of the favor of his wife and her family. By 1791 Robards was in Kentucky, and that summer Jackson married Rachel. Whether the happy couple had misinterpreted some court documents and believed that Rachel and Robards were officially divorced, or whether they simply did not care, is still debated. Robards did not obtain an official divorce until 1793. The scandal of Rachel as a bigamist would plague the couple to the end of their days.

The changing composition of the nation once again improved Jackson’s prospects. The Southwest Territory of the United States had been ceded from North Carolina, and William Blount was appointed territorial governor. Blount, a friend of McNairy and other Jackson associates, was impressed by Jackson’s abilities, and in 1791 he appointed him district attorney of the Mero District (now eastern Tennessee). Blount also conferred upon Jackson his first military appointment, as judge advocate of the Davidson County cavalry regiment.

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