United by common bonds of patriotism and common responsibilities, Wharton and Austin forgot their enmity of the preceding years and cooperated in the cause to which they were both devoted. Upon completing their mission, Wharton and Archer urged Austin to be a candidate for president of Texas, and they supported him in the campaign in which he was defeated by Sam Houston. In November of 1836 President Houston appointed Austin Secretary of State and Wharton first minister to the United States, hoping to secure recognition by and possibly annexation to the United States. The appointment necessitated Wharton's resignation from his seat as senator in the First Congress from the Brazoria District. Recognition was won on March 3, 1837, but annexation at that time was hopeless in spite of Wharton's persuasive pleas.
After he resigned as minister in early 1837, Wharton was captured at sea by a Mexican ship and carried to Matamoros, where he was imprisoned. He succeeded in escaping and making his way back to Texas in time to be elected to the Texas Senate in 1838. Though he resigned before the beginning of the Adjourned Session in May 1838, he was reelected the same year. In December 1838 he introduced a bill to modify the flag and the seal of the republic. Wharton was killed on March 14, 1839, when he accidentally discharged a pistol as he was dismounting at the home of his brother-in-law, Leonard W. Groce, near Hempstead. He was buried in the family cemetery at Eagle Island Plantation near Brazoria. The addresses and political documents that Wharton wrote reveal that he had rare ability as a diplomat and statesman. Wharton County was named in his honor. Source
29° 01.306, -095° 25.071
Wharton Lawn Crypt Garden
Restwood Memorial Park