Fafar, Jose
Proceedings over the clandestine marriage of Jose Fafar and Isavel Olivo in Ovachita, Carmel Parish.
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1799 May 6
(Olivo, Pierre)
to Bishop Louis Penalver y Cardenas
(New Orleans, Louisiana)
Ms. is water stained and difficult to read). Pierre Olivo and his wife, Marie Richet ... their daughter Suzanne Olivo ... to Mr. Filhiole ... that they would never consent to Suzanne's marrying the above mentioned Makons, an Indiana who has no instruction in the Catholic religion, whose father is of the Huron(?) tribe and his mother of the Natchez.
L. (French)
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1799 Jun. 21
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
Since Susana Olivo, wife of Jean Baptista Barrarjon and sister of I(s)avel lives in the city, she is to appear for questioning.
D.S. (Spanish)
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1799 Jun. 25
Quintero, Father Isidro
New Orleans, (Louisiana)
On June 22, Susana Olivo, a native of Pointe Coupee, resident of Ovachita swore that Juan Bautista Makons, abducted her sister Isabel, at the age of 23 and carried her off into the forest for 6 months with the design of marrying her. Although her parents repeatedly begged Filliol not to authorize such a marriage he did not listen to their pleas and it was said that he married them as he had done with the witness' brother Pedro whom he had married to Julia N. against the wishes of his parents. Makons claims he is baptised but Susanna has never seen him make the sign of the cross. Although he was brought up in Praderia de Liard, a charge of Ovachita, he went and came to the woods like a savage. There were persons who reprimanded Filliol for not presenting the contract of marriage between her sister Elisabet(?) and Makons but Susanna did not know who they were. Elisabet did not resist the abduction. Susanna does not know who presented the contract which they said the Commandant authorized; but it was common knowledge that they lived as a married couple. Her parents did not wish to give their consent to her brother's marriage; they were married before some foreign witnesses and her parents' objection was that Julia, although baptized, knew nothing of religion. The Marquis de Maisson Rouge can give information in this case. Susanna is 34.
A.D.S. (Spanish)
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1799 Jun. 25
(Penalver y Cardenas), Bishop (Luis)
(New Orleans, Louisiana)
Letters are to be sent to the Commandant and to Father Juan Brady, (O.Carm.), pastor of Our Lady of Carmel at Rio Colorado for information.
D.S. (Spanish)
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1799 Jun. 25
(Penalver y Cardenas), Bishop (Luis)
New Orleans, Louisiana
to Mr. Filliole
Ovachita, (Louisiana)
(Penalver) has been informed that Filliole issued a marriage contract to Isabel Olivo and Makons without her parents consent. (Penalver) asks filliole to tell if this is true, who the witnesses were and the date and if there is a contract he would like a copy of it.
L. Copy (Spanish)
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1799 Jun. 25
(Penalver y Cardenas), Bishop (Luis)
New Orleans, Louisiana
to Father John Brady
Rio Colorado, Louisiana(?)
(Penalver) sent the following letter to Filliole: to be inserted here. When Brady goes to (Ovachita) he is to inform (Penalver) upon the points in the letter and also about the other contract to the son.
L. Copy (Spanish)
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1800 Apr. 7
Filhiol, (Juan)
Ouachita, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Father Brady has just sent him (Penalver's) letter of June 25. Jean Baptiste Faffar, or Maconse, was a half-breed at this place, more a hunter than a resident. He and his family lived with the Pierre Olivos family. A mutual love developed between Faffar's son Joseph and Elisabeth Olivos. He asked to marry her; he was refused. They ran away into the woods. After four months they came begging Filhiol for a marriage contract. Filhiol asked her to give up the young man and offered his home as an asylum and to make peace with her parents but she would not. To avoid scandal Filhiol gave in to their request. They appeared today for the ratification of the Church. Filhiol believed he was doing his duty.
A.L.S. (French)
On the same paper:
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1800 Apr. 18
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
This (letter) is to be put with the case and turned over to Father Luis de Quintanilla, (O.M.Cap.).
D.S. (Spanish)
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1800 Apr. 7
Filhiol, Juan
Fort Miro, (Louisiana)
Extract from the minutes of the Clerk of Court of Ouachita: March 13, 1799 before Filhiol, civil and military commandant of Ovachita there appeared Joseph Faffar, born in the province and baptised in Pointe Coupee of the marriage of Jean Baptiste Faffar, or Maconse and Susanna Francoeur, and Elisabeth Olivos, born at Pointe Coupee of the marriage of Pierre Olivos and Marianne Richet. They contracted marriage before witnesses Louis Badins, merchant, and Charles Frederic Racine for the groom and Louis Chauvin and J(osep)h Nicolas for the bride. They promised to be married in the Church as soon as possible.
A.D.S. (French)
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1800 Apr. 19
Quintero, Father Isidro
New Orleans, (Louisiana)
Quintanilla accepts the task of translating.
A.D.S. (Spanish)
There follows a translation into Spanish of Filhiol's letter of April 7 and the extract from the minutes of the Clerk of court of Ouachita made by Quintanilla on April 22, 1800.
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1800 Apr. 20
Brady, Father Juan
Washitaw, (Louisiana)
to Bishop Luis de Penalver y cardenas
(New Orleans), Louisiana
On arriving at Ouachita Brady found Juan Baptista and Isabel Olivo and separated them as Penalver ordered on June 25, 1799. They are very poor and have one son who could suffer from the separation. They have begged Brady to intercede with Penalver for ratification of their marriage in the Church. The Commandant tells Brady that he has already replied to Penalver on this matter.
A.L.S. (Spanish)
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1800 May 14
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
The (above) is to be put with the proceedings and given to Father Sebastian Gili, the attorney-general.
A.D.S. (Spanish)
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1800 May 19
Quintero, Father Isidro
New Orleans, (Louisiana)
Gili accepts the assignment.
A.D.S. (Spanish)
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1800 May 20
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
Luis Badins is to appear and tell what he knows about the marriage.
D.S. (Spanish)
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1800 May 20
Quintero, Father Isidro
New Orleans, (Louisiana)
Badins swore that he was one of the witnesses of the marriage. He remembered marriages like this between the two Breaxes (?) and the Rachines; that of Carlos Betin and Miss Breax(?), of Santiago Latriche(?) and Susana Buenaventura; of Juan Buenaventura and Miss Sabin, of Juan Bilaro, Juan B(aptis)ta Labaterie; Mr. (?) Mayou with three daughters named Duball; Mr. Danemour and Lucia Withe and others up to 25 or 30. Since the Commandant was the only judge and notary in the place, not having a pastor, Badins thought he could ratify it and had acted as witness in several. Badins also testified about the abduction (but the paper is stained and difficult to read). He is 37 and signs.
A.D.S. (Spanish)
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1800 May 20
Quintero, Father Isidro
New Orleans, (Louisiana)
Josef Fafar appeared and gave his testimony. (In addition to facts already stated he said that) he had left Isabel at the home of an Englishman named Davis when he went to the house of the Commandant. The Commandant performed the marriage at 8 in the morning of the following day which was in December 1798. Fafar was baptized in Pointe Coupee, his godfather was J(ose)ph Sofrion, syndicate of Avoyeles and his godmother was Mrs. Santiago Bebe of Pointe Coupee. Fafar is 27.
A.D.S. (Spanish)
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1800 May 23
Gili, Father Sebastian
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
New Orleans, (Louisiana)
As attorney-general, Gili reports on the case. Since they are subjects of the Catholic king they must contract marriage before a priest. Filhiol should be informed of this doctrine of the Council of Trent and also of the royal decree of March 23, 1776 which states that there are to be no marriages without the consent of the parents and in case of objection it is to be arranged according to the decree of October 23(?), 1785. Gili asks that the pastor of Ouachita be ordered to marry them in the Church.
A.L.S. (Spanish)
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1899 May 23
(Penalver y Cardenas), Bishop (Luis)
(New Orleans), Louisiana
In view of the good faith of Fafar and Isavel, Penalver grants a dispensation from the impediment of their clandestine marriage. After Confession and Communion the pastor of Carmel parish will marry them according to the rites of the Church. This same pastor is to inform the Commandant that such marriage contracts are null in the Church and forbidden by the king.
A.D.S. (Spanish)
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1800 May 24
Quintero, Father Isidro
New Orleans, Louisiana
Quintero certifies the above decree and sent the notice to the pastor of Carmel.
A.D.S. (Spanish)
V-2-i L. (French), D.S. (Spanish), A.D.S. (Spanish), L. Copy
(Spanish), A.L.S. (French), A.D.S. (French), A.L.S. (Spanish)
26pp. 4to.
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