Act Creating Montgomery County, Texas

   Below is the Act signed into law by President Sam Houston on December 14, 1837 creating Montgomery County, Texas.  The source for this document is Laws of the Republic of Texas,  In Two Volumes, Vol. II, Printed by Order of the Secretary of State, Houston, Printed at the Office of the Telegraph, 1838, pages 33 and 34.

An Act Creating the County of Montgomery

AN  ACT

Creating the county of Montgomery

   Sec. 1.   Be it enacted, by the senate and house of representatives of the republic of Texas in congress assembled, That all that part of the county of Washington, lying east of the Brazos, and southeast Navisota rivers, shall constitute and form a new county to be known and designated by the name of Montgomery county.

   Sec. 2.   Be it further enacted, That the said county of Montgomery shall be included in the third judicial district, and the district courts thereof shall be holden at the county seat of said county, on the fourth Mondays of April and October in each and every year, and the county courts for said county shall commence and be holden on the second Mondays of February, May, August and November.

   Sec. 3.   Be it further enacted, That James Mitchell, Pleasant Gray, William Robinson, Elijah Collard, Charles Garnett, Joseph L. Bennet, B. B. Goodrich, D. D. Dunham, and Henry Fanthorpe, be, and they are hereby appointed commissioners, with power and authority (any five of them concurring) to select a proper place for the seat of justice for said county, and to obtain by purchase upon the faith and credit of the county, or receive by donation such quantity of land as will be sufficient for the erection of public buildings, and for defraying such other expenses of said county as said commissioners may deem expedient and that the land so purchased or donated shall be under the superintendance and control of the board of commissioners of said county.

   Sec. 4.   Be it further enacted, That the said county of Montgomery, shall be entitled to one representative in congress,...

...and that the counties of Washington and Montgomery shall constitute a senatorial district.

   Sec. 5.   Be it further enacted, That the said county of Montgomery shall be organized in conformity with the several acts organizing the district and inferior courts, and in case any suit or suits are now pending in any of the courts of Washington county, wherein the defendant or defendants were residing in that part of Washington county lying east of the Brazos and Navasoto rivers, at the commencement of said suit or suits, it shall be lawful on application of the defendant or defendants in open court, for the court of Washington county to grant removal of said suit or suits to the proper court of Montgomery county, and it shall be the duty of the clerks to furnish either party a copy of the records in such suit or suits.

   Sec. 6.   Be it further enacted, That the lower line of the county of Montgomery shall commence at the mouth of Lake creek, thence in a direct line to the head of Pond creek, and thence in a direct line to the mouth of Beeson’s creek, thence up the Brazos river to the mouth of the Navasoto river.

JOSEPH ROWE,

Speaker of the house of representatives.

MIRABEAU B. LAMAR,

President of the senate.

Approved, December 14, 1837,

SAM. HOUSTON.

      Note the special language in Section 3 of the Act, “…they are hereby appointed commissioners, with power and authority (any five of them concurring) to select a proper place for the seat of justice for said county, and to obtain by purchase upon the faith and credit of the county, or receive by donation such quantity of land as will be sufficient for the erection of public buildings, and for defraying such other expenses of said county as said commissioners may deem expedient and that the land so purchased or donated shall be under the superintendance and control of the board of commissioners of said county." 

      This language is already telegraphing exactly what was going to happen on March 1, 1838 at the first Montgomery County Commissioners Court meeting.  Those drafting the Act already knew what was going to happen.  On March 1, 1838, C. B. Stewart acting as agent for W. W. Shepperd will donate a equal half undivided interest in the Town of Montgomery to Montgomery County.   None of the other Acts creating counties on December 14, 1837 had any similar language to this in them.