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News from the Lake Creek Settlement: First Marriage in the Republic of Texas

By: Kameron K. Searle
| Published 07/21/2024

Judge James Hall's authorization of the marriage of Charles B. Stewart to Julia Shepperd by W. W. Shepperd.
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MONTGOMERY, TX -- The very first marriage in the Republic of Texas for which there is a written record appears to have occurred in the Lake Creek Settlement in what later became Montgomery, Texas. Not only did the first marriage in the Republic of Texas occur here, but the groom was none other than one of Montgomery County’s most beloved historical figures, Charles B. Stewart.

When the Texas Revolution began in earnest in 1835, Charle B. Stewart was operating an apothecary [drugstore] at San Felipe de Austin. Out of his apothecary, Stewart also successfully engaged in land speculation throughout Austin’s colony. He also sold various dry goods and engaged in trade with other trading posts and stores throughout Austin’s Colony. He sold dry goods to W. W. Shepperd in the Lake Creek Settlement. Shepperd had an attractive young daughter named Julia and Charles B. Stewart was smitten. Stewart’s business trade and the fair Julia brought Stewart from San Felipe to Shepperd’s store in the Lake Creek Settlement on frequent visits.

Stewart was elected a delegate to the Convention at Washington-on-the Brazos by voters in the Municipality of Austin in early 1836. Stewart was present when the Convention began on March 1, 1836. On March 2, 1836, Stewart voted unanimously with the other delegates for Texas’ independence from Mexico. Stewart was then chosen to be a member of the committee that was drafting the Constitution for the brand-new Republic of Texas. On March 8, amidst the Convention’s business and two days after the fall of the Alamo, Stewart did a very strange thing. He left the ongoing Convention to get married.

As no formal laws regarding marriages yet existed in the new Republic, Stewart first went to see the Primary Judge of the Municipality of Washington, James Hall. Judge Hall authorized W. W. Shepperd to perform the marriage of Stewart to W. W. Shepperd’s daughter, Julia Shepperd. Judge Hall wrote,

To W W Shepperd Esqr. Sir- You are hereby authorised to celebrate a contract of marriage between Chas B Stewart and Julia Shepperd and give to it the said contract the necessary formality before assisting witnesses Washington March 8. 1836 James Hall Primary Judge”

Stewart rode to the Lake Creek Settlement and on March 11, 1836, Charles and Julia were married at W. W. Shepperd’s house. After a very short honeymoon, Stewart got on his horse and rode back to the Convention. He arrived on March 16 and signed the Constitution of the Republic of Texas on March 17, 1836.

How can we be so sure this is the first marriage in the Republic of Texas for which there is a written record? It is because of the timeline, the facts surrounding the Texas Revolution, and the method by which the marriages were recorded. Texas declared independence on March 2, 1836, the Alamo fell on March 6, and the Runaway Scrape began. Stewart requested permission from Judge Hall on March 8 and was married by March 11. Texas had existed as an independent country for only 6 days when Stewart requested permission for Shepperd to perform a contract of marriage from Judge Hall. Most single men of marriageable age were either in the Texas military or assisting those fleeing the Mexican Army in the Runaway Scrape. Until Independence, marriages in Mexican Texas had either been by common law agreement with no written record or performed in a religious ceremony by a rarely present Catholic priest.

Following the Revolution, the early counties in Texas took a few years to begin recording marriages. How did Stewart do it if there were no county marriage records? Stewart recorded his marriage in the Washington County deed records shortly after the Revolution when the Municipality of Washington became Washington County. On pages 240-243 of Volume A-1 of the Washington County deed records, we find the records discussed in this article.

Appeared John Wade W. C. Clark and Chas Garrett whom [water damage] know and certify to be citizens of the county who declare that they were present on the 11th day of March 1836 at the house of the sd W W Shepperd as aforesaid on Lake Creek and saw the within parties C B Stewart and Julia Shepperd united in marriage they signing the within bond, to which they signed their names severally in testimony…”

Why did Stewart decide to get married during the Convention at Washington while the Texas Revolution raged? He had insider information. He was on the committee drafting the Constitution of the Republic of Texas. He knew that married men were going to receive more land than single men. Which begs the question: Did Charles B. Stewart marry at that time for love or money? Or both?

As anyone who has ever done Republic of Texas genealogy knows, written records of marriages during the chaotic first few years of the Republic of Texas are extremely rare and this one appears to be the first. Charles and Julia were still happily married when Stewart designed the Lone Star flag of Texas in 1839. We can only wonder if Julia was looking over Charles’ shoulder when he was preparing his first draft or if she perhaps assisted in the flag’s design. In July of 1837, the 200 acres of land where W. W. Shepperd’s house was located in the Lake Creek Settlement and where Charles and Julia had gotten married, became the Town of Montgomery.

Kameron K. Searle is a member of the Montgomery County Historical Commission, a regular contributor to The Handbook of Texas Online, and author of The Early History of Montgomery, Texas. He also served as the historian for the Texas Historical Commission marker for the "Lake Creek Settlement" located at the Nat Hart Davis Pioneer Complex and Museum in Historic Montgomery, Texas.

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