Borras, Fran(cis)co
Proceedings against Second Lieutenant Fran(cis)co Borras of the Louisiana Regiment concerning the promise of marriage given to Catalina Garnhart.
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1797 Feb. 24
Garnhart, Cathalina
St. Fernando de las Barrancas
to Jose Deville Degoutin, Commandant of
St. Fernando de las Barrancas
Cathalina Garnhart declares that she is the daughter of Miguel Garnhart, of Kentucky, who arrived here on the 3rd of the present month, and having lost some papers, were forced to remain while getting others. On the day after their arrival, she was proposed to by Second Lieutenant Francisco Borras of this fort and after a short courtship she agreed to marry him. On the 6th of the present month they met, each with two witnesses, Thomas Baker and wife for her and Miguel Solivella, a warehouse watchman and Bern(ar)do Molina, Commander of a ship, assisted as interpreter by Juan Glas(?). Borras took her hand and declared her to be his wife, giving her a gold coin in place of the ring usually given. Having objected to the form of marriage, Borras assured her it was valid. She has been informed a short time ago that this ceremony is not valid and was done with the purpose of deceiving her because of her ignorance. She begs to be taken under Degoutin's protection. (Cathalina signs with her mark). Benjamin Touy adds in a note that this translation is a faithful copy of the original.
L.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
Degoutin ordered the arrest of Borras for having seduced Cathalina Garnhart by a feigned marriage. The translation of this document is done by the interpreter, Benjamin Touy, the witnesses Captain Manuel garcia and Juan Booth, all of whom sign with Degoutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
Thomas Baker appeared and swore that he had been staying with the Garnhart family who came from Tenensie(?). On the 6th of June, Borras came to the house insisting that Cathalina marry him that afternoon. Her parents consented. Borras presented Molina and Solibella and a soldier Juan Glas, as an interpreter. In the presence of these and of Baker and his wife, Borras took Cathalina's hand and gave her a gold coin in place of a ring and kissed her and declared that she was his wife. Asked about the strange ceremony, Borras answered that the ship's captain could perform it with two witnesses when there was no clergyman. Baker said that Molina did nothing during the ceremony; Baker took him for the judge that usually attends these ceremonies. Baker is 28 years old. Baker, Touy, Garcia and Booth sign with Degoutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
Carlota, wife of Baker, appeared and testified (to the same information as given above). (The manuscript is blurred and illegible in many places). She had them for dinner the next day and Borras stated in the presence of Molina and Glas that (Cathalina) was now Mrs. Borras. Mrs. Baker is 26 years old and signs as Charlot Baker with touy, Garcia, Booth and de Goutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
Solivella appeared and swore that he went to the house where Borras told the soldier Glas to ask the girl if she would like to live with him until death. The soldier said her answer was yes. Borras gave her a coin instead of a ring. Solivella saw Molina performing no ceremony. Solivella was called without knowing what for and observed the ceremony without remark thinking it was a joke of Borras. (Part of the manuscript cannot be deciphered). Colivella signs with Garcia, Booth and Degoutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
Glas appeared and swore that on the day after the arrival of the
American family in the post he was asked by Borras to ask the girl
whether she would be willing to live with him. Thomas Baker and his
wife asked if that would be done with a marriage ceremony. (Part of
the manuscript cannot be deciphered). It was said that when there was
not a priest the captain of the ship had the faculty to marry on
certain occasions to which Baker's wife commented that it was the same
way in America. Borras said he did not need the captain but only two
witnesses on each side. On the 6th of the month Glas appeared as
interpreter with Molina and Solivella as witnesses of the marriage.
Glas said that it was not through him that Borras told Baker and wife
that the faculty to marry rested with the ship's captain, Bernardo
Molina, and that he heard nothing like that but heard Borras say that
he would be glad if the marriage would be celebrated before the
departure of Molina because then he would have a witness. Glas was
present at the dinner at which he told Molina that the girl's name was
not Cathalina Garnhart but Madame Borras. Glas is 28. He signs with
Garcia, Booth and De Goutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de las Barrancas
No declaration could be taken from the parents of Cathalina Garnhart because they left on the 24th of this month for Natchez. Garcia and Booth sign with Degoutin.
D.S. Copy (Spanish)
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1797 Feb. 25
Degoutin, Jose Deville
St. Fernando de Las Barrancas
Since Molina is out of this port in the ship "Flecka" he will be questioned when he returns. The interrogations are suspended. Garcia and Booth sign with Degoutin.
D.S. Copy (Spanish)
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1797 Mar. 13
Degoutin, Jose Deville
St. Fernando de las Barrancas
Molina, returned from New Madrid, swore that he, captain of the galley, Flecka, on the 5th of last month, was called by Borras while passing and invited to come in the house where he found an American family with a girl of from fifteen to twenty years old. Borras asked his opinion of the girl and they talked about her and marriage. The next day while Molina was at the home of Solivella, Borras came and told Solivella that he had got himself a wife. When Solivella asked if there would be a marriage Borras said yes but behind the church. (The details of the ceremony are then given as in above documents and parts of the manuscript are not decipherable). Molina thinks now that there was a possibility of a previous arrangement between the interpreter and Borras. He also says that the statement about the two witnesses and authorization by the captain of the galley was not true but all gossip. (Undecipherable part). Neither he nor Borras made the statement about the girl changing her name to Madam Borras. (Undecipherable). He cannot give light on what has been asked because he does not know English. Molina is 37 years old and signs with Degoutin and Garcia and Booth, the witnesses.
D.S. Copy (Spanish)
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1797 Mar. 13
Degoutin, Jose Deville
St. Fernando de las Barrancas
Benjamin (Tuoy) being absent from the post, Degoutin appoints Henrique Fay(?) as interpreter since he knows English and Spanish well. Fay(?) signs as Henrik Fail with Degoutin and Garcia and Booth.
D.S. Copy (Spanish)
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1797 Mar. 13
Degoutin, Jose Deville
St. Fernando de las Barrancas
Catalina Garnhart, Thomas Baker, Carlota Woffer, Miguel Solivella, Juan Glas, Bernardo Molina appeared in succession before Degoutin and the two witnesses and confirmed what they had already stated as testimony.
D.S. Copy (Spanish)
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1797 Mar. 14
Borras, Francisco
St. Fernando de las Barrancas
to Jose Deville Degoutin
St. Fernando de las Barrancas
(Ms. undecipherable in parts. It seems to read that) Borras has been under arrest for eighteen days and thinks that is sufficient time to find out whether he is guilty or not.
L.S. Copy (Spanish)
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1797 Mar. 14
Degoutin, Jose Deville
St. Fernando de las Barrancas
Degoutin certifies that the declarations and notifications of the witnesses are concluded in this forty-three page summary attached to folio 41 in the Archives.
D.S. (Spanish)
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1797 ( )
Degoutin, Jose Deville
St. Fernando de las Barrancas
to Baron (Francisco Luis Hector) de Carondelet
New Orleans, (Louisiana)
(Ms. largely undecipherable and a great many pages are covered by this entry; several letters seem to be here but beginnings or closings are blurred. It seems to read that) as soon as Degoutin received Carondelet's letter he brought before him Cathalina Garnhart in regard to the peaceful solution of the case between her and Borras. She said she would agree if he consented to make her his lawful wife. A paper was taken to Borras who said he would not sign until she had completely withdrawn her complaint. This makes Degoutin think that the girl has been deceived. Degoutin has decided to send Borras to the capital in the first boat so that Carondelet can decide the whole matter. ... (The name of Carlos, Howard, the date, March 9, "take him to St. Louis," "the galley Altiva" appear in the ms). ...Cathalina Garnhart and her parents also were sent to New Orleans to appear before Carondelet and Nicolas M(ari)a Vidal, Francisco Pavana serving as interpreter. They declared that they did not know that in Spanish territory the presence of a priest is indispensable in a marriage. therefore she acted in good faith. By sentence of May 17, 1797 at New Orleans Borras was ordered to marry Cathalina Garnhart. The signatures of Carondelet, Nicolas Maria Vidal and the secretary Carlos Ximenes (are decipherable in the ms. This part of the calendar is untrustworthy for accuracy).
D.S. Copy (Spanish)
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1797 May 31
Carondelet, (Francisco Luis Hector), Baron de
New Orleans, (Louisiana)
to Bishop Luis Penalver y Cardenas
(New Orleans, Louisiana)
Carondelet encloses the testimony against Borras so that Penalver may determine and decree according to the sentence by Carondelet's tribunal of May 17.
L.S. (Spanish)
On the same paper:
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1797 Jun. 2
(Penalver y Cardenas, Luis), Bishop of
New Orleans, (Louisiana)
(The testimony) is to be placed with the case(?). This is certified by Father Isidro Quintero, as secretary.
A.D.S. (Spanish)
Also on the same paper:
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1797 Jun. 2
(Penalver y Cardenas, Luis), Bishop of
New Orleans, Louisiana
to Baron (Francisco Luis Hector) de Carondelet
(New Orleans, Louisiana)
Penalver has received the testimony in the case of Borras and Catharina Granhart [Catalina Garnhart], of whose outcome he will inform Carondelet(?).
L.S. Draft (Spanish)
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1797 Jun. 3
Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana
Father (Patrick Walsh) Patricio Wahl is named attorney-general.
D.S. (Spanish)
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1797 Jun. 10
Walsh, Father (Patrick)
New Orleans, (Louisiana)
Walsh declares that what Borras, in the company of Molina, Solivella and the interpreter did to Catalina Garnhart falls within two criminal acts, one against the sacrament of marriage and the other in snatching her from her parents. The decision already taken by the tribunal should be carried out. If Borras persists in his frivolous excuses he should be arrested with his witnesses and interpreter and the law carried out in full.
A.(?)L.S. (Spanish)
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1797 Jun. 10
Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana
It is decreed (as above). Quintero certifies this decree signed with the bishop's flourish.
A.D.S. (Spanish)
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1797 ( )
Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana
Borras is to appear and declare. The help of Carondelet and the General Commander is to be asked.
A.D.S. (Spanish)
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1797 Jun. 12
(Penalver y Cardenas), Luis, Bishop of
New Orleans, Louisiana
to Baron (Francisco Luis Hector) de Carondelet
(New Orleans, Louisiana)
(Penalver) asks Carondelet to send Borras to him so that he may declare.
L.S. Copy (Spanish)
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1797 Jun. 12
Carondelet, (Francisco Luis Hector), Baron de
New Orleans, (Louisiana)
to (Bishop Luis Penalver y Cardenas
New Orleans, Louisiana)
Carondelet has given an order to the Colonel of the regiment to have Borras appear whenever (Penalver) needs him.
L.S. (Spanish)
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1797 Jun. 12
(Penalver y Cardenas, Luis), Bishop of
New Orleans, (Louisiana)
(Written in the margin at the beginning of the above letter). This is to be added to the dossier.
A.D.S. (Spanish)
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1797 Jun. 17
Quintero, Father Isidro
New Orleans, (Louisiana)
Borras appeared and gave his testimony before the bishop. He is 42 years old. He signs with (Penalver) and Quintero.
A.D.S. (Spanish)
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1797 Jun. (17)
Penalver y Cardenas, Luis, Bishop of
(New Orleans, Louisiana)
Catalina Garnhart is to appear for questioning.
A.D.S. (Spanish)
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1797 Jun. 19
Quintero, Father Isidro
New Orleans, (Louisiana)
Cathalina Garnhart, with Fran(cis)co Pavana as interpreter, appeared before (Penalver). She swore that what Borras said was an agreement between them was a lie, that it was to deceive her, that he spoke to her of marriage and not of concubinage. If he is obliged to marry her by decree of the Catholic Church, she would lead a life of misery and thinks it would be better if they do not marry. She requests the tribunal to conclude the matter and she will return to Bayou Sara where her parents are. She is 18 years old and does not know how to sign. The bishop and Pavana sign.
A.D.S. (Spanish)
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1797 Jun. 19
Penalver y Cardenas, Luis, Bishop of
(New Orleans), Louisiana
(The words of the decree of the bishop are undecipherable. The words "attorney general" are legible).
A.D.S.(?) (Spanish)
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(1797) Jun. 20
Walsh, Father Patricio
(New Orleans, Louisiana)
to (Bishop Luis Penalver y Cardenas
New Orleans, Louisiana)
It is Walsh's opinion that having proved the guilt of Borras, Molina, Solivella and Glas in feigning the ceremony of marriage in order to seduce Cathalina and her parents, they should be condemned according to the law.
A.(?)L.S. (Spanish)
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1797 Jun. 20
Penalver (y) Cardenas, Luis, Bishop of
New Orleans, Louisiana
It is decreed (as above). Quintero certifies this and adds in notes that he made it known.
A.D.S. (Spanish)
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1797 Jun. 21
Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana
Once it is known that Cathalina Garnhart stops her action to make Borras marry her, Penalver commands that the action be suspended and closed.
D.S. (Spanish)
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1797 Jun. 21
(Penalver y Cardenas), Luis, Bishop of
New Orleans, Louisiana
to Baron (Francisco Luis Hector) de Carondelet
(New Orleans, Louisiana)
Since Cathalina Garnhart does not claim her right to make Borras marry her and nothing has been found to compel them to do so, (Penalver) has suspended and closed the action.
V-1-a L.S. Copy (Spanish) 86pp. 4to. L.S., D.S., A.L.S., Draft
and Copies (Spanish)