A Quaint Document
Marquis James, in his Pulitzer Prize winning biography of Sam Houston entitled The Raven (published in 1929 by Bobbs-Merrill, and reprinted by the University of Texas Press in 1989) expressed the sentiments of many historians when he penned these words:
"The body of legend that surrounds Sam Houston is a part of the saga of his life."
One continuing mystery (perhaps bordering on legend) in this remarkable man's story was that of his brief marriage to Eliza Allen in 1829 during his tenure as Governor of Tennessee. Their short-lived marriage ended with Eliza returning to her parent's home amid much speculation. Repeatedly, Sam refused to blame his wife for the separation. His answer to the frequently asked question, "Why did Eliza leave?" was always one of silent refusal, "That is an absolute secret, and will remain so." ("Local Voices" enthusiasts will enjoy reading Marquis James' lengthy account of the subject)
A tall, imposing figure with a commanding, charismatic presence, Sam Houston was a special friend and protégé of President Andrew Jackson. It is thought by many that he would have inevitably become President of the United States, had his life not been interrupted by this quite surprising turn of events. He resigned his governorship, headed for Indian country, and eventually crossed the Red River into Texas. The date was December 2, 1832.
Historians have long been aware that Sam Houston, President of the Republic of Texas, received his divorce decree in San Augustine circa 1837. (According to Dr. George L. Crocket in Two Centuries in East Texas, the first District Court in San Augustine began in September 1837). Marquis James described the proceedings as follows:
"Eliza Allen had been divorced-on the President's petition, presented by his attorneys before District Judge Shelby Corzine of San Augustine. Mrs. Houston was represented by counsel, but there was no contest of the charge of abandonment. Everything was done as quietly as possible, but the news got out and there was a deal of whispered concern…Under the Republic divorces were granted by Act of Congress, but for purposes of secrecy President Houston had empowered Judge Corzine to hear the case in chambers."
During a recent visit with District Clerk Jean Steptoe in the San Augustine County Courthouse, the subject of Sam Houston's divorce from Eliza Allen Houston was mentioned. Jean remarked, "Of course, the actual divorce decree has been missing for years, but we have a copy of the original divorce petition of Sam Houston dated November 30, 1833. The original of this document is in the archives at the University of Houston."
The divorce petition was published in the Galveston Daily News in January 1891. The article is titled as follows:
A QUAINT DOCUMENT
THE ORIGINAL DIVORCE PETITION OF SAM HOUSTON
An Odd Species of Pleading…a Valuable Historical Document
No Question as to Its Authenticity
Mr. John C. Walker, a well-known lawyer of this city (Galveston), has in his possession an interesting legal document which bears conclusive evidence of being the original petition for divorce filed by Sam Houston in securing a legal separation from his wife.
The paper is yellow with age, but remarkably well preserved, showing that it has had but little handling. The petition covers three pages of rough letter paper, unlined, written on both sides and stuck together with wafers. The file mark on the outside of the folded pages is as follows: "Alcalde's court, Samuel Houston's petition for divorce, ex parte. Filed Nov. term, 1833."
It reads as follows:
Free State of Coahuila and Texas, District of Ayish.---To William McFarland, Esq., Alcalde in and for said District. The petition of Samuel Houston, of said district, respectfully represents to your honor that your petitioner was formerly a citizen of Davidson County, state of Tennessee, one of the United States of the north. That on the 18th day of January, in the year of our Lord, 1829, he intermarried with Miss Eliza H. Allen of Sumner County in said last mentioned state. That on the 15th day of April next thereafter, a separation took place between your said petitioner and his said wife and that they have never since that time, nor can they ever, meet again.
(Several lengthy paragraphs follow, describing canon law, conditions in Texas in 1833, with references to legal procedures in Tennessee.)
The petition continues:
Whereupon your petitioner prays, the promises considered, that your honor will be pleased to order such notice given (considering the situation of the country) as you may think proper, that the said formerly named Eliza H. Allen may by herself or her attorney come forward on a certain day and show cause, if any she has, why the said marriage contract should not be dissolved and a divorce decreed to your petitioner.
And your petitioner prays for all such other and further relief which the nature of his case may require and which to justice and right may appertain, and your petitioner, as is duty bound, will ever pray.
Samuel Houston, by J. Harrison, his agent, November 30, 1833.
THE GALVESTON NEWS Reporter interviewing Mr. Walker continued in this fashion:
After perusing and making a verbatim copy of this quaint and interesting document, THE NEWS reporter asked Mr. Walker how he came by it.
"My grandfather," said he, "Judge Amos Clark, was one of the first district judges of the state succeeding Judge W.B. Ochiltree. He had in his possession a number of court records and papers belonging to the old courts of the Republic of Texas. These he kept at his home in Nacogdoches, where I was born and raised. I remember from my earliest boyhood that these papers were kept in an old box in the garret and were never disturbed from that time until during my last visit there, when my curiosity prompted me to examine the contents of this box and among a lot of court papers and manuscript copies of the early laws and a lot of private papers of Judge Clark's, some of them dating back as far as 1823, I found this document, which from its file mark very naturally attracted my attention and I brought it away with me, thinking it might be of interest to lovers of antiquated historical documents. I am satisfied that the contents of this box had never been disturbed since my grandfather's death. The Alcalde's District of Ayish embraced the territory which included the county of San Augustine, where Judge Clark formerly lived before moving to Nacogdoches, and where Sam Houston lived when he first came to Texas."
The GALVESTON NEWS reporter's observations concluded the article, as follows:
"The petition is valuable as a historical document in this, that it seems to settle the disputed question as to how long Sam Houston lived with his wife, some historians holding that they separated immediately after their marriage. This petition fixes the date of his marriage at January 18, 1829, and says that they lived together till the 15th of April following, about three months.
"The petition will strike the modern lawyer as a very odd style of pleading. It is more of an argument against the old Canon Law. The lawyer presenting it had no formula to govern him, as there was at that time no Texas law providing for divorce. There is no ground set up in the petition except that of a two years' separation."
Submitted by Betty Oglesbee
For the July 2015 edition of "Local Voices"
Center For Regional Heritage Research
Stephen F. Austin State University