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Calendar (1797/12/10)

1797 Dec. 10

Gayoso de Lemos, Manuel

Proceedings promoted by Gayoso to be presented to the attention of the Holy See, asking for a dispensation from the impediment of affinity in the first degree by which he is related to Margarita Watts.

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1796 Feb. 26

Gayoso de Lemos, Manuel
New Orleans, (Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

Gayoso, governor of Natchez, states that he was married to Isabel Watts, daughter of Estevan Watts and Francisca Asheton. Isabel died a few months after their marriage of a disease of the chest. Gayoso now wishes to marry her sister Marguerita Watts. He asks (Penalver) to hear his reasons and the testimony of his witnesses on the following points:
1. The relationship between his deceased wife Isabel and his fiancee, Marguerita, her sister;
2. At the time of the marriage, Isabel was very ill; she died four months later;
3. Only his charity and conscience made him marry a woman who exposed him to the contagion of a disease from which God spared him;
4. Her parents and Marguerita have lived at Natchez in his house ever since, not only because they have no other support but because of the promise made to his wife not to abandon them, mainly because the father is blind and cannot support them;
5. To avoid scandal he has decided to marry Marguerita, as many think he already has, waiting only for peach with France to ask for the license from the king;
6. If Marguerita does not marry she will suffer disgrace and poverty; Gayoso has only the salary from the king and cannot maintain two houses;
7. Although of an illustrious family, Margarita's grandparents were Protestants and for support she would marry one of that faith, thus endangering her Faith and that of her children, since the king permits such marriages in Gayoso's province and of the five thousand inhabitants there are three hundred Catholics;
8. If she, of English origin and Catholic religion marries Gayoso, a Catholic and governor of the district, she can through example, lead many English and Anglo-Americans, which compose the largest part of this vicinity, into the Church;
9. This will contribute to the spiritual good of this place as the governor will give good example to his subjects.

L.S. (Spanish)

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1796 Feb. 27

Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana

The information is to be received and the witnesses are to present themselves. Santiago Zaldivar, as notary, certifies this and adds in a note that he notified Gayoso of it.

D.S. (Spanish)

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1796 Feb. 29

Zaldivar, Santiago
New Orleans, (Louisiana)

Dr. Robert Dow appeared before (Penalver) and swore to (essentially the same information as given above adding that) the doctor who attended Isabel had consulted with Dow and was of the opinion that marriage might prove beneficial to her health but Dow did not approve of that. This is signed by the bishop's flourish and by Robert Dow in the presence of Zaldivar.

A.D.S. (Spanish)

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(1796) (Feb. 29)

Zaldivar, Santiago
(New Orleans, Louisiana)

Guillermo MacIntosh, a native of the state of New York in North America, a resident of Natchez, of the Anglican religion, appeared and swore to (essentially the same information as given above) and that although the witness is of a different faith he thinks that this marriage would attract some to Catholicism as the influence of leaders is very powerful and Margarita is a woman well educated and attractive. This declaration, given in English, was interpreted by Father T(h)omas Hassett. The declarant is 29 and signs as W(illia)m McIntosh with the bishop, Hassett and Zaldivar.

D.S. (Spanish)

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(1796) (Feb. 29)

Zaldivar, Santiago
(New Orleans, Louisiana)

Jose Montegut, a surgeon in the Royal Hospital, appeared before (Penalver) and swore to (essentially the same information as given before, adding that) Dow was called in on Isabel's case. He signs and the bishop signs.

A.D.S. (Spanish)

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1796 Mar. 2

(Penalver y Cardenas, Luis), Bishop of
(New Orleans, Louisiana)

In order to furnish further testimony, Evan Jones and Guillermo Dumbart are to appear for questioning. Zaldivar notarizes this and adds in notes that he made known this decree to Gayoso, Jones and Dumbart.

D.S. (Spanish)

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1796 Mar. 2

Zaldivar, Santiago
New Orleans, (Louisiana)

Evan Jones appeared before (Penalver) and swore (essentially the same information as already given in the case, adding that) he saw Isabel before she was married when she was already very ill and that she lived in his house in the Acadian parish of LaFourche. Jones is Captain of the Militia of the Acadian Coast, an American of the city of New York and a Catholic. He signs with the bishop.

A.D.S. (Spanish)

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1796 Mar. 2

Zaldivar, Santiago
(New Orleans, Louisiana)

Guillermo Dumbart appeared before (Penalver). He is a native of Scotland, a resident of Natchez, a Surveyor of land, and a Catholic. He swore to (essentially the same information adding that) the doctor who attended Isabel before her marriage was Samuel Flores and that Margarita's mother was related to William Pen(n) founder of Pencilvania [?Pennsylvania]. The witness is 44 and signs as Guill(ermo) Dunbar [Dumbart], with the bishop.

A.D.S. (Spanish)

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1796 Mar. 2

Zaldivar, Santiago
(New Orleans, Louisiana)

Gayoso appeared before (Penalver) and swore that he was a native of Pontevedra in Galicia, the son of Manuel Gayoso Lemos y Sarmiento and Teresa Amorin y Magallanes and single, that he had been married to Isavel Watts y Asheton, and now wishes to marry Margarita, her sister, the only impediment the first degree of collateral affinity from which he asks a dispensation. Gayoso and the bishop both sign.

A.D.S. (Spanish)

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1796 Mar. 3

Penalver y Cardenas, Luis, Bishop of
New Orleans, (Louisiana)

Having seen the proceedings and examined the testimony of the three witnesses produced by Gayoso and that of the two summoned officially, without dealing with the pastor of Natchez who had never been in this town, 100 leagues distant, nor had knowledge of this jurisdiction because he was new there, Penalver approves the proceedings and orders a copy made and given to Gayoso with the testimonials which will be sent in petition to the Holy See. Zaldivar certifies this decree and adds in notes that he notified Gayoso of it and that on March 4 he made copies of the testimony and sent two testimonials.

D.S. (Spanish)

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1796 Mar. 4

Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana

Penalver certifies to Pope Pius VI, and to the Chancery and whomever it may concern that the Gayoso petition (details of which are given essentially as given before) should be granted. Father Isidro Quintero certifies this as pro-secretary and adds in a note that this is a copy of the petition sent.

D.S. Copy (Spanish)

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1797 Jul. 12

Carondelet, (Francisco Luis Hector), Baron de
New Orleans, (Louisiana)

to Manuel Gayoso de Lemos
(New Orleans, Louisiana)

Under the date of June 17 the Count of St. Clara. Captain General of the Island of Cuba, wrote to Carondelet as follows: "The minister of War told me by royal order of March 13 the following: In consultation with the Supreme Council of War and because of the letter sent by your predecessor on last September 10, the king has granted to Gayoso, former Governor of Natchez and now of Louisiana, the license he asked to marry Cirila Watts."

L.S. (Spanish)

( ) ( )

Gayoso de Lemos, Manuel
(New Orleans, Louisiana)

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

In March (17)96 Gayoso executed proceedings before (Penalver) in order to petition the Holy See for a dispensation in order to marry Margarita Watts. These proceedings, in duplicate, with the testimonials were sent to Spain by two routes, the one, without doubt, was lost because of the war; the other went to Rome and, he believes reached the Holy Father's court. But in Italy all is in disturbance because of the entrance of the French armies and the Holy Father is sometimes away from his court, the business of the court is disturbed and perhaps his proceedings were lost. He has received no news since October (17)96, and his petition is urgent for reasons he will give in this document after giving them verbally. When he began the proceedings for the dispensation he was governor of Natchez and now the king has given him charge of all of the Province with a license to marry, which he presents; he came down to take command as governor. Margarita is pregnant and so he cannot bring her with him, not being his wife, nor can he abandon her. If the people, dissolute as they are in Louisiana, find out about this wretched affair, they will find support for their own deeds and he will be compromised; if he can marry secretly, as all think he now is, neither Margarita's honor nor his will suffer, and he can further the reform of the customs and do a service for God and King. Gayoso's reply that his marriage with Isabel was never consummated makes a change in the opinion about the impediment of affinity with Margarita. He has acknowledged to (Penalver) that he married Isabel; the priest who performed the marriage, Father (William) Guillermo Savage, is dead and he has no entry with which to prove it. If his religion and honor did not oblige him to make this declaration he could have undertaken the marriage he wishes to make. (Penalver) knows the danger of delay and while Gayoso does not know the extent of (Penalver)'s faculties he knows that bishops act for the welfare of the people and the edification of the Church, and he asks that, without awaiting the results from Rome, (Penalver) grant the dispensation and he will be accountable for the penances imposed.

A.L.S. (Spanish)

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1797 Oct. 25

Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana

This is to be added to the case and to dispatch it more readily, the lieutenant governor and military judge is to be informed so that he may testify as to its contents before the secretary and this being done it is to be brought to Penalver. Quintero, as secretary, certifies this.

D.S. (Spanish)

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1797 Oct. 25

Quintero, Father Isidro
New Orleans, Louisiana

Quintero went to the house of Nicolas Maria Vidal, lieutenant governor and military judge of Louisiana, and informed him of the above decree. Vidal said that in a confidential and secret discussion of his intended marriage with Margarita, Gayoso has told him that his marriage with (Isabel) had never been consummated because of the diseases from which she suffered. Vidal signs with Quintero.

A.D.S. (Spanish)

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1797 Oct. 26

Quintero, Father Isidro
New Orleans, (Louisiana)

Quintero, in compliance with the decree of yesterday, went to the house of Gayoso who swore that the facts in his petition are true, adding that his relations with Margarita were due to his weakness and not done to facilitate the granting of the dispensation. Gayoso signs with Quintero.

A.D.S. (Spanish)

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1797 Oct. 27

Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana

Since the proceedings advanced by Gayoso for petitioning the Holy See for a dispensation, sent to the Roman Curia, have had no results, Penalver, having examined the new petition in which Gayoso states that his marriage with Isabel had never been consummated and that the only impediment is one proceeding from a valid marriage, grants the dispensation, for the edification of his flock, under the following conditions: that they do not live under the same roof until married, that they make a general confession, pray the rosary for eight days, give alms and on the day of the giving of the nuptial blessing they receive Holy Communion and once again within two months afterwards. All this is to be done to wipe out the shame before God of the attempt to marry by two persons so closely related and since among the reasons given was that of the cause of the Faith and public example, Gayoso and his future wife are to take all means afforded by Catholicism to lead others to the Faith and reform morals. This decree is to be made known to Gayoso and an order sent to Margarita. Quintero notarizes this and adds in notes that he went to Gayoso's home and informed him of the decree and that the order was sent.

D.S. (Spanish)

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(1797) ( )

Gayoso de Lemos, Manuel
(New Orleans), Louisiana

to Bishop (Luis Penalver y Cardenas
New Orleans, Louisiana)

Gayoso, having been informed that (Penalver) has granted the dispensation under certain conditions and being willing to fulfill the conditions, as is Margarita, hopes that (Penalver) will grant that the vows be pledged without the public knowing it at the time so that they remain in doubt as to whether he has just been married or was married before, since the public reception of the nuptial blessing will silence all suspicion of misbehavior. Therefore he asks the favor of dispensing with the banns because there is no other impediments between them he being a foreigner, native of Galicia, the son of Manuel Luis Gayoso de Lemos y Sarmiento and Teresa Angelica Amorin y Magallanes, and he came to this country married to Teresa Hopman y Pereyra who died in Natchez and Margarita being a native of Baton Rouge. Gayoso asks (Penalver) to grant both petitions.

A.L.S. (Spanish)

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1797 Oct. 30

Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana

It is granted. Quintero certifies this and adds in a note that he notified Gayoso of it.

A.D.S. (Spanish)

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1797 Oct. 31

Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana

A dispensation having been granted to Gayoso and Margarita so the they can marry validly and they having a royal license to do so and by this document being dispensed from the banns and allowed to have a secret marriage, Penalver gives faculties to the pastor of Natchez, Father (Francis) Fran(cis)co Len(n)an, to perform the ceremony with two witnesses in the parish church at Baton Rouge where Gayoso is going on business and where Margarita is. It is understood that before the marriage Gayoso and his future wife are to swear that they made a general confession, said the rosary for eight days, and gave alms eight times. To this end, Penalver sends the necessary patent which is to be returned with the certified results. Quintero certifies this and adds in notes that he notified Gayoso of the decree and sent the patent to Len(n)an. (The name of Gayoso's mother is spelled as Morin in this document instead of Amorin as it has appeared before).

D.S. (Spanish)

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1797 Oct. 31

Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana

to Father Fran(cis)co Len(n)an
Natchez, (Mississippi)

By a decree of this date, Penalver has granted a dispensation to Gayoso and Margar(i)ta as follows: (The almost complete text of the above decree is given here together with Quintero's two notes which follow it). Quintero notarizes this.

L.S. (Spanish)

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1797 Nov. 18

Lennan, Father Fran(cis)co
Baton rouge, (Louisiana)

Gayoso appeared before Lennan in the parish church of Baton Rouge and swore that he had made a general confession, had recited the rosary for eight days and given alms. Gayoso signs with Lennan.

D.S. (Spanish)

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1797 Nov. 18

Lennan, Father Fran(cis)co
Baton Rouge, (Louisiana)

Margarita Watts appeared before Lennan and swore that she had made a general confession, recited the rosary for eight days and given alms eight times. She signs as Margariet Watts.

D.S. (Spanish)

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1797 Nov. 18

Lennan, Father Fran(cis)co
Baton rouge, (Louisiana)

Lennan declares that he married Gayoso and Margarita the witnesses being Francisco Poussett, a resident of this district, and Josef Vazq(ue)z Vahamonde, retired Captain of the Infantry, who sign.

D.S. (Spanish)

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1797 Dec. 10

(Penalver y Cardenas, Luis), Bishop of
New Orleans, Louisiana

On December 10, 1797, (Penalver) gave the nuptial blessing to Manuel Galloso and Margarita Watt in the Cathedral of New Orleans, the witnesses being Diego Lasaga Brigadier in the Royal Army and Nicolas Maria Vidal with many others present.

A.D.S. (Spanish)

V-l-e L.S., D.S., A.D.S., A.L.S. (Spanish) 37pp. 4to.

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