A History of the Legal Profession in Montgomery County, 1836-1900

Of the 57 persons signing the Texas Declaration of Independence in 1836, sixteen were lawyers, all of whom had immigrated to Texas from the United States. The then Third Congress of the Republic of Texas passed an Act in 1839 signed by Governor Mirabeau Bonapart Lamar regulating the licensing and practice of attorneys. This Act provided that no person was to be admitted as attorney or counselor-at-law in any court within the Republic of Texas unless (1) he was a citizen of the Republic or had declared his intent to become a citizen; (2) he was approved by a court for his good moral character and education; and (3) he took an oath of professional ethics somewhat similar to oaths required of lawyers today. In order to obtain his license, such a person had to make an application to the Judge of a District Court or to the Chief Justice of the Supreme Court, showing that he was above the age of twenty-one and giving satisfactory testimonials of his moral character, honesty and general deportment. The Judge then proceeded to examine the applicant and if convinced that the applicant was qualified, the Judge would appoint a panel of three distinguished lawyers to determine whether the applicant should receive a permanent license. (This paragraph taken from "A History of Law Licensing in Texas" by Ralph Yarborough.)

Montgomery County was the third county created by the Republic of Texas on December 14, 1837, and was originally defined including what is today Montgomery, Grimes, Walker, San Jacinto and a portion of Madison and Waller Counties. Walker and Grimes Counties were created out of Montgomery County in 1846, San Jacinto County in 1869. Madison County, 1853, came out of Walker, Grimes and Leon Counties, and Waller County (1873) came out of Grimes and Austin Counties.

The 1839 and 1840 records of the District Clerk's office reflect that there was a presiding Judge named John T. Mills, and during 1839 a person named Richard Cooper petitioned to practice law in the Republic of Texas and appeared before an Examining Committee composed of John Hemphill, A.M. Tomkins and David Y. Portiss. In 1840 there was a presiding Judge named Anthony B. Shelby, a Prosecuting Attorney named Patrick C. Jack and Prosecuting Attorneys Pro Tem named Henderson C. Hudson and James P. Lowery. The names of other lawyers appearing during 1840 are Jenkins & Smith, W.Y.M. McFarland, Perry & Smith (Albert S. Perry, Esq.) and Isaac Tousey. Persons taking an oath to practice law in 1840 were Nathaniel Hart Davis - April 20, 1840; Hiram Hanover - April 23, 1840; Benjamin Briggs - April 25, 1840, and Jackson Smith - November 27, 1840. On November 28, 1840, Nathanie Hart Davis filed to become a citizen of the Republic of Texas.

Nathaniel Hart Davis was licensed to practice law in Alabama in 1837 after attending Transylvania University, and came to Texas in April of 1840, bringing with him a large library. His office and part of the original library remain today in the City of Montgomery, which was the County Seat of Montgomery County, Texas, until 1889 when the County Seat was moved to Conroe, Texas. Many prominent lawyers began by reading law in his office, including J.T. Rucks, C.W. Nugent and W.P. McComb. Davis served as County Attorney, Commissioner, Chief Justice of Montgomery County, Texas, and as District Judge from 1867 to 1870. The private journal of Nathaniel Hart Davis listed other lawyers practicing in Montgomery County between 1839 and 1874 as follows: J.D. Saunders - 1839, C.M. Hemphill - 1846, L.M. Penney - 1848, William Porter - 1849, Charles Jones - 1855, L.D. Jones - 1861, D.O. Warren - 1862, D.C. Bradbury - 1869, James R. Davis - 1874.

In 1875, John E. McComb located to Montgomery, having been admitted to practice law in Sherman, Texas in 1872. W.P. McComb came to Montgomery in 1877 and read law in the offices of his brother, the Honorable John E. McComb and Nathaniel Hart Davis. He was admitted to the Bar in 1878

Nehemiah Andrew Cravens, Jr. was educated at Homer College in Louisiana and studied law with Winch & Schaeffer of Houston, Texas. He began practice of law at Willis, Texas in 1876. He was elected County Judge of Montgomery County in 1886. In January of 1899, he was appointed private secretary to Governor Joseph Draper Sayers.

Screven Aaron McCall was born in Valdosta, Georgia in 1861, graduated from the University of Georgia in 1883 and practiced law before moving to Willis, Texas in 1886. He served as District Attorney for Montgomery County from 1899 until 1906, and as District Judge in 1929 when he moved from Willis to Conroe. He moved his law office building next to his home in Conroe where it stood until 1942 when it was moved to Georgetown by one of his children. In 1985, his grandchildren gave that building to the Montgomery Historical Society. The building stands in the City of Montgomery, Texas today next to the old Baptist Church building that is located on the original site of the the County Seat

Many descendants of persons named here practiced law in Montgomery County following the year 1900 and to the present date. It is intended that this be supplemented to continue the history of the legal profession in Montgomery County to a current date, including the formation of an organized Bar Association.

Compiled by the History Committee,
Montgomery County Bar Association - 1999