Minutes of the Commissioners' Court of Montgomery County, Texas March 1, 1838

[Note:the first Commissioners' Court meeting ever held in Montgomery County, Texas was this one on March 1, 1838.  These minutes are typed here as they appear in the actual minutes with the same spelling and punctuation. Click on the images to see them enlarged for easier reading.]

Montgomery Commissioners Court March 1, 1838

Page 1

Republic of Texas

County of Montgomery

       At a Commissioners Court held for the County of Montgomery at the place appointed by law for holding the same, Being present Jesse Grimes president of the board of Commissioners, Martin P. Clark, George Galbraith, William Robert, and Hilloy M. Crabb commissioners of the Said County, on the first day of March 1838 - when they proceeded to ballot for two associate Justices of the County Court on the first there being a tie and no election it was agreed to defer the election until the last Wednesday of April next - - - -

       The president placed before the board the written act of donation of W. W. Shepperd to the County of Montgomery of an equal half undivided interest in the Town of Montgomery and Sixty acres of pine land adjoining - donated for County purposes and being put to question whether said donation should be accepted it was unanimously received - and the question being also whether the place of the Town presented by C. B. Stewart as agent for W. W. Shepperd should be received the same was also unanimously received and adopted  Zoraster Robinson a duly elected - Justice of the peace for the precinct of Viesca appeared and having taken and the signed the oath required by law, took his seat among the Commissioners

Page 2

       Motioned that a sale of town lots of the town of Montgomery be made on the 4th Monday of April for the purpose of raising funds to defray in part County expenses it was ordered unanimously that a sale should be made on that date three previous advertisements being made in the Telegraph and written advertisements put up in three several public places in the County

       Question made upon what terms and the time of credit given purchasers of town lots it was ordered that sale be made for one fourth cash - one fourth payable  within three months - one fourth within six months and the remainder fourth on twelve months credit purchaser given     lien upon lots until final payment receiving certificate at time of purchase and giving their notes for respective amounts and on respective time

       W. W. Shepperd having made certain improvements in the town of Montgomery, by his agent C. B. Stewart, claimed the selection of thirteen lots giving an equal selection of thirteen lots to the County Commissioners and requested the action of the Court in relation to the intention of the donation.  To wit, on an equal undivided interest in the town

Page 3

poposing that when County or its agent should have sold thirteen lots to counterballance the thirteen selected by W. W. Shepperd all sales of other lots, the proceeds thereof, should be equally divided between the County and the said W. W. Shepperd after each and every sale, the same was put to the Court and unanimously adopted

       Resolved by Martin P. Clark poposing that the Committee be appointed to contract for and to superintend the erection of the necessary build - public ings - provided the Court house shall not cost exceeding one Thousand Dollars and jail one thousand Dollars - when B. B. Goodrich, William Rankin and William C. Clark were appointed said Committee - poposed that Lemuel Smith Draughtman and Mechanic be requested to draft a plan for court house and public buildings -

       Willam Robinson appeared and took his seat -

       Ordered that a Tax equal to one fifth of the tax levied by the Republic be levied and collected upon all persons and property subject to taxation in the County and the be collected in currant money of the Republic and by the same oficers and under the same regulations and restrictions as may be

Page 4

provided by law, See Section 30.

       Ordered that the several roads laid of as public highways - be laid in districts and Overseers be appointed and hands appropriated, to wit,

       Ordered that the road from Montgomery towards Houston to the harrisburg line be called Precinct No. 1 and that Hiram Rosin be overseer appointed for same and the following persons be appropriated to work upon the same, to wit, William Lndrum, John Landrum, William Rankin, Raleigh Rogers Widow Landrums 2 Slaves Worsham 3 hands John Pyle Dr. Quinby Phillip Marten  Cumming,         Ford, P. M. Farlen, Ransom Tullus   James Thomas   Wm Rankin Jr.   Thomas Rankin, Dickman,      Bullock, James Seizen,

       Pace   Sam McFarlen    A.C. Ford, Charles Canett,  Dickerson Garrettt, Shannons' Tom, A. U. Springer, George Galbraith

Precinct No. 2       San Jacinto River -

       Ordered that the crossing near William Roberts, the road from the same intersecting road leading from Montgomery to Houston from Precinct No. 2, and be so called and that Thomas Chattam be appointed overseer thereof and the following hands be appropriated to work on said road, to wit -

Page 5

Benjamine Rigby, John Corner, William Atkins, Evin Corner, Mathew Drake, Johnson's Hands, Williams' hands    James Wilson,        Kerpler, W. P. Clark

Precinct No. 3 }       Ordered that the road from the poceeding crossing of the San Jacinto near William Roberts leading to Battieces village on Trinity River so much therof as lies within this County be called precinct No. 3, and the following persons work on the same and Jacob Shpperd be overseer thereof - to wit

       Beginning at Williams improvement on San Jacinto runing up to Sandy Creek to the main road thence along said road to Sadlers League  Thence due east to the County boundry   thencesouth west to the pace of beginning all hands included in said boundary are appropriated to work on said road

Page 6

Precinct  No. 4 }       Ordered that the road from Montgomery to as far as Cedar Creek be called No. 4 and William W. Shepperd  be overseer thereof and the following persons to work thereon, to wit, all hands in and about Montgomery not otherwise appropriated   Mrs Foster, William C. Clark, Wm. Patterson, Joseph Henson   William Robinson.

Precinct  No. 5 }       Ordered road leading from Caney Creek to Coxes on the road to Cincinatti be called precinct No. 5, to Coxes lower line and Lewis Cox be overseer of the same and to work thereon   That all the hands from Cany to the road leading from Washington to Duncans' ferry belong to Lewis Cox

Page 7

Precinct  No. 6 }       Ordered Road leading from Lewis Coxe southern line to Cincinnatti from precinct No. 6 G. E. Hunter overseer and to work thereon all the hands from the Raod leading from Washington to Battecas Village North of said Raod belong to G. E. Hunter

       Court adjourned till tomorrow morning 10 oclock


Friday morning March 2d 1838

       Court met in pursuance to an adjournment Jesse Grimes President, M. P. Clark, Zoraster Robinson, William Robinson, George Galbraith, H. M. Crabb and William Robert were present

Precinct  No. 7}       Ordered that the road leading from Cincinannatti to Washington be continued the road from the intersection of the road leading from Montgomery to Cincinnatti near Hadlies to the pine Cabbin be called precinct No. 7, and Benjamine Robinson be appointed overseer thereofand the following hands be apportioned to work thereon W. A. Cooke, Nathan Smith, Silas Gammon, Smitt McGammon, T. Housley,      Young, I. Housley

Page 8

and all other hands how the precinct not here in named

Precinct  No. 8}       From the Pine Cabbin to the Creek near Hadlies old place on the south be called No. 8 - and that John Tumbleston be appointed overseer thereof - and the following hands be appropriated to work thereon  A. D. Kennard, Drury Kennard - William Zuber - George Seaton - Benjamin Johnson - Andrew Goodhead - John Goodhead

Precinct  No. 9}       From the Creek near Hadlies old place to Spring Creek near Benny's be called precinct No. 9 and Michael Hennard be appointed overseer thereof and the following hands be appropriate to work thereon W. R. Bowen, Henry Fanthorp, L. W. Perry, Franklin Holland, William Burnsy, John Peterson, Ruben Fisher, W. M. Fisher, Westly fisher, Wm. Triplett, Z. Robinson, H. Robinson, A.M.

Page 9

Warmick, Robert Ray - Absolom Henson -

Precinct  No. 10}       From Spring Creek to Washington to be called precinct No. 10 - and Tilford Whiteside be appointed overseer thereof and the following hands be appropriated to work thereon


       Ordered that the Clerk be authorised to recd sealed proposals for assessing the Tax of the County until the nest meeting of the board of Commissioners

       Ordered that one hundred dollars be appropriated out of any moneys in the treasury not otherwise appropriated for the relief of Eleizabeth Smith daughter of Richard Smith - pauper -

Page 10

       Resolved that all orders, resolutions, or motions offered by any member of the board shall be made in writing

       Ordered by the board that Gwyn Morrison Clerk of the board be allowed three dollars a day for his services and that the same be paid unto him out of any money in the treasury not otherwise appropriated

       Ordered that no member of this board absent himself without leave of court


The Court adjourned until the fourth Wednesday in April next -

attest                                Jesse Grimes, Prest. of the              

Gwyn Morrison                             Board Comrs. Montg. Coty.

County Clerk                         H. M. Crabb    

By  B. B. Goodrich                  M. P. Clark

      Deputy  Clerk                   Zoraster Robinson

                                           William Robinson

                                           Geo. Galbraith.