Burke, Father Charles
Proceedings against Father Carlos Burk [Charles Burke], pastor of Baton Rouge, over a quarrel with his parishioner, Duplantier.
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1797 Mar. 24
Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana
In February, 1797, there were rumors that Burk had had an encounter in the house of (John) Turnbull with (Armand) Duplantier and later a letter had informed Penalver about it. By a letter of February 22, Burk was summoned to appear which he did in about 12 days, presenting himself without a collar before the bishop who ordered him to come to recite the office with him and to make a series of spiritual exercises under Father Luis de Quintanilla, (O.M.Cap.). Once he appeared seemingly confused from too much liquor. Penalver asked Father Isidro Quintero, his secretary, to correct his excess and dress and asked Juan de Dios Valdes, deacon of his household, to recite the prayers with him. When after 10 days it seems that Burk had not made the exercises, Penalver repeated his orders, after which the reason of his summons would be taken up, the ecclesiastical suspension to continue as it had since his arrival.
D.S. (Spanish)
--------
1797 Mar. 25
Quintero, Father Isidro
New Orleans, (Louisiana)
Valdes appeared and swore that 7 or 8 days ago when Burk came to recite the office, he appeared confused. Valdes admonished him but he continued. Valdes called Quintero after which Valdes withdrew. Valdes is 24.
A.D.S. (Spanish)
--------
1797 Mar. 25
Quintero, Father Isidro
New Orleans, (Louisiana)
On March 15 or 16, Quintero went to Burk's room and admonished him about his dress and confusion of mind.
A.D.S. (Spanish)
--------
1797 Mar. 23
Quintanilla, Father Luis de
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asked for certification from Quintanilla as to whether he had completed his spiritual exercises. Quintanilla is not certain if he has or not. He saw him once only, praying before the Blessed Sacrament.
A.L.S. (Spanish)
--------
1797 Apr. 5
Penalver y Cardenas, Luis, Bishop
(New Orleans), Louisiana
It is difficult for witnesses to testify because of the distance of forty leagues, Penalver orders Burque [Burke] to appear and testify.
A.D.S. (Spanish)
--------
1797 Apr. 5
Quintero, Father Isidro
New Orleans, (Louisiana)
Burque [Burke] appeared to testify about the affair with Duplantier on December 25, 1796. He swore that: Mrs. Turnbull was in one room and he and Duplantier in another; at the end Turnbull and Fraiser came in; they had hit each other; it happened because Duplantier had drank too much; he had no quarrel with Fraiser, Adan Boid (Adam Boyd) had pushed him and he had fallen.
A.D.S. (Spanish)
--------
1797 Apr. 6
Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana
Father Bernardo Deva, (O.M.Cap.), pastor of Valenzuela, with two witnesses, is to gather testimony in the case.
A.D.S. (Spanish)
--------
1797 Apr. 5
Burke, Father Carlos
New Orleans, (Louisiana)
to Bishop Luis Penalver y Cardenas
New Orleans, (Louisiana)
Burke has retired to his house as Penalver ordered but he wants to know whether he is under arrest.
A.D.S. (Spanish)
On the same paper:
--------
1797 Apr. 6
(Penalver y Cardenas, Luis), Bishop
New Orleans, (Louisiana)
(Burke) is suspended and under arrest except to go to church, until the trial is over.
A.D.S. (Spanish)
--------
1797 May 7
(Penalver y Cardenas, Luis), Bishop
New Orleans, (Louisiana)
It has been said that Burque, living in the home of the assistant, seems to be continuing to use liquor. Quintero is to investigate.
A.D.S. (Spanish)
--------
1797 May 7
Quintero, Father Isidro
New Orleans, (Louisiana)
Quintero found Burke acting unlike himself and Maria Theresa, the negro servant, said he had been drinking all afternoon with some other Englishmen and had fallen from his chair. A.D.S. (Spanish)
--------
1797 May 8
(Penalver y Cardenas, Luis), Bishop
New Orleans, (Louisiana)
Father Tirso Peleagonzalo, (O.M.Cap.), is to appear and testify as to what he noticed last night in Burque and also Maria Theresa.
A,D,S, (Spanish)
--------
1797 May 8
Quintero, Father Isidro
New Orleans, (Louisiana)
Peleagonzalo, assistant at the Cathedral, swore that last night he was informed by the servant that Burke had been drinking but Burke was in his room and so he did not disturb him. Then the secretary came and confirmed the servant's statement. At supper he talked confusedly and later continued to drink and to ask Peleagonzalo to drink even up to midnight. Peleagonzalo signs.
A.D.S. (Spanish)
--------
1797 May 8
Quintero, Father Isidro
New Orleans, (Louisiana)
Maria Theresa swore that Burke had fallen from his chair because he had taken about 20 drinks, and that he had asked Peleagonzalo to drink. She is 27.
A.D.S. (Spanish)
--------
1797 May 9
Penalver y Cardenas, Luis, Bishop
(New Orleans), Louisiana
Burk is to appear and Father Fran(cis)co Perez Guerrero, canon of the Cathedral, is to be present.
D.S. (Spanish)
--------
1797 May 10
Quintero, Father Isidro
New Orleans, (Louisiana)
Burk appeared with Guerrero. (Penalver) ordered him not to receive visitors and to refrain from drinking except at meals. He ordered the case closed.
A.D.S. (Spanish)
--------
1797 May 19
Burke, Father Carlos
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke is ill; Dr. Joseph (Montegut) Montigut attributes it to lack of exercise and orders him to take fresh air which Burke cannot do because of (Penalver's) orders.
A.L.S. (Spanish)
--------
1797 May 20
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
Montegut is to testify.
A.D.S. (Spanish)
--------
1797 May 20
Montegut, J(osep)h
New Orleans, (Louisiana)
Montegut, surgeon of the Royal Hospital, testifies that Burke needs to take exercise on foot and horseback.
D.S. (Spanish)
--------
1797 May 22
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Burke may take exercise once a day; it was never forbidden to him and he was urged to go often to the Cathedral for prayer. He is to go into the church before or after his walk.
A.D.S. (Spanish)
--------
1797 May 25
Carondelet, Baron (Francisco Luis Hector) de
New Orleans, (Louisiana)
to Bishop Luis Penalver (y Cardenas)
(New Orleans, Louisiana)
On May 14, Josef Vazq(ue)z Vahamonde, commandant at Baton Rouge, told Carondelet that Deva, pastor of La Fourche, came to New Orleans and delivered to him the attached letter, of which Carondelet sends a copy:
--------
1797 May 14
Deva, Father Bernardo de
Baton Rouge, (Louisiana)
to Josef Vahamonde
Baton Rouge, (Louisiana)
"On April 6, Penalver ordered Deva to take testimony in Vahamonde's district and Deva asks him to order Turnbull, his wife, and Fraiser to appear on May 15." Vahamonde replied:
--------
1797 May 14
Vahamonde, Josef Vazq(ue)z
Baton Rouge, (Louisiana)
to Father Bernardo de Deva
(Valenzuela, Louisiana)
"Turnbull is gravely ill. Fraiser is at his home above Natchez, outside Vahamonde's authority. Vahamonde could not give permission to take testimony without informing his superior, the Commandant General, which he does on this date." Carondelet informs Penalver as his duty.
L.S. (Spanish)
--------
1797 May 26
(Penalver y Cardenas), Bishop Luis
(New Orleans, Louisiana)
to Baron (Francisco Luis Hector) de Carondelet
(New Orleans, Louisiana)
Since Frasert [Fraiser] is not in the district and Toremboux is ill, (Penalver) asks that the above commandant aid him when the parties are able.
A. Draft S. (Spanish)
--------
1797 May 15
Deva, Father Bernardo de
Baton Rouge, (Louisiana)
to Bishop Luis Penalver y Cardenas
(New Orleans, Louisiana)
Having encountered difficulties with Bahamonde in carrying out
Penalver's orders of April 6, Deva sends the letter, No. 2 and
reply,
No. 1. Turnbull's recovery may take a long time and the expenses
involved have made Deva decide to retire to his district until Penalver
determines otherwise.
A.L.S. (Spanish)
--------
1797 Apr. 6
Penalver y Cardenas, Luis, Bishop
New Orleans, Louisiana
to Father Bernardo Deva, O.M.Cap.
Valenzuela, Louisiana
(A copy of the document of this date calendared above, ordering Deva to take testimony).
L.S. Copy (Spanish)
--------
1797 May 14
Deva, Father Bernardo de
Baton Rouge, (Louisiana)
to Josef Vazquez Bahamonde
(Baton Rouge, Louisiana)
No. 2 (A copy of the letter calendared above under this date).
L.S. Copy (Spanish)
--------
1797 May 14
Vahamonde, J(ose)ph Vazq(ue)z
Baton Rouge, (Louisiana)
to Father Bern(ar)do de Deva
(Valenzuela, Louisiana)
No. 1 (A copy of the letter already calendared above under the same date).
L.S. (Spanish)
--------
1797 Jun. 7
Penalver (y) Cardenas, Luis, Bishop of
New Orleans, Louisiana
A letter is to be sent to Quintanilla ordering him to go to Baton Rouge and take testimony.
D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke, came to (New Orleans) on March 2 and has been under suspension since the following day. He recited the office twice a day with the bishop for ten days and made a retreat at the house of the Capuchins for another ten days. At the end of these 20 days, (Penalver) had him appear and declare what had happened in his parish. Up to then he had not known the reason for the penances. (Penalver) ordered him to return under arrest and suspension to the Capuchins where Burke asked permission to take exercise outside. (Penalver) then said his imprisonment was voluntary. He was further saddened by the news that some of his parishioners had died without confession. He believes that it was a public penance to pray in the church since everyone who saw him might think him a scandal-giving, unworthy priest. He is not holy but neither is he vicious. Since no charge has been made against him in three months, he asks to be ordered back to his parish where there has been much damage to his character.
A.L.S. (Spanish)
--------
1797 Jun. 19
Penalver Y Cardenas, Luis, Bishop
(New Orleans), Louisiana
Proceedings were delayed because of distance, priests not entirely suited to carry out the task, and their scarcity and obligations. The event of December 25 would have been cleared if (Burke) had behaved becomingly but he did not. He is to appear and confess.
D.S. (Spanish)
--------
1797 Jun. 20
Quintero, Father Isidro
New Orleans, (Louisiana)
Burk appeared and swore that: he is a native of Carrubuck (Carrickbeg(?)) Diocese of Aledenvir in Ireland; he was arrested for his dispute with Aman Duplantier; in his declaration it seemed that he had said he did not know whether Mrs. Turembol was a witness or not and that in the matter of Adan Boid he had said he did not know whether it was because he had turned around suddenly or whether he had touched Boid that he had stumbled; in all else he affirmed the declaration. It was a mistake to say that he had been confused by drink the day in March when he came to recite the office, that he had meant no insult but it was merely because he could not speak Spanish like a native; that the accusers were mistaken when they said he had fallen from his chair from drink on May 7; that he had never lost his reason on any occasion by drinking too much.
A.D.S. (Spanish)
--------
1797 Jun. 21
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Father Ubaldo Delgado, (O.F.M.), is appointed as attorney in the case. (Quintero adds in notes following that Delgado could not fulfill the appointment. Delgado signs).
A.D.S. (Spanish)
--------
1797 Jun. 27
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Father Ramon Palao is to act (as attorney. Quintero adds in notes following that Palao accepts and signs).
A.D.S. (Spanish)
--------
1797 Jun. 30
Palao, Father Ramon
New Orleans, (Louisiana)
(Palao reviews the case). He asks that the proper penalty for these excesses be imposed.
A.D.S. (Spanish)
--------
1797 Jun. 30
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Notification is to be given to Burque.
A.D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The three charges made by Palao are false as Burke has never used liquor to excess. Since the origin of the case seems to be the Duplantier incident, he asks that Quintanilla fulfill his assignment to take the testimony.
A.L.S. (Spanish)
--------
1797 Jul. 3
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
The petition is granted.
A.D.S (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke did not understand until yesterday that the permission to take exercise was limited to once a day and asks for permission to go out indiscriminately.
A.D.S. (Spanish)
--------
1797 Jul. 5
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The petition is granted.
A.D.S. (Spanish)
--------
1797 Jul. 6
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Proceedings are to be suspended until the arrival of the legal documents Quintanilla was instructed to make; an order is to be given to him to send them without delay and Burke is to be informed again of the decree of May 22 about going out. If that is not enough to restore his health this is to be affirmed by the same physician.
D.S. (Spanish)
--------
1797 Jul. 10
Montegut, J(ose)ph
New Orleans, (Louisiana)
Burque's (Burke's) illness continues in spite of treatment and Montegut recommends a lot of exercise and especially a sea voyage.
D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke encloses the doctor's certificate. He hopes to obtain permission to go out indiscriminately.
A.L.S. (Spanish)
--------
1797 Jul. 11
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The document will be examined.
A.D.S. (Spanish)
--------
1797 Jul. 12
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Burk's [Burke's] arrest in extended to this city and its environs during his illness; he must spend the night in the city.
D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asks that Quintanilla obtain the testimony and send it within two days.
A.L.S. (Spanish)
--------
1797 Sep. 4
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Quintanilla, as soon as he arrives at Baton Rouge, is to carry out the commission.
D.S. (Spanish)
--------
1797 Sep. 11
Quintanilla, O.M.Cap., Father Luis de
Baton Rouge, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Quintanilla sends enclosed the investigation ordered. He has not been able to find out anything more than has been declared.
A.L.S. (Spanish)
--------
1797 Sep. 18
(Penalver y Cardenas, Bishop Luis)
(New Orleans, Louisiana)
(The above) is to be added to the case and given to the attorney.
A.D.S. (Spanish)
--------
1797 Jun. 7
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
to Father Luis de Quintanilla, O.M.Cap.
( )
Quintanilla, assistant at the Cathedral, and at present in charge of the parishes along the banks of the Mississippi is informed that Penalver is today issuing this decree: Since the governor has informed Penalver that he has given orders to the Commandant at Baton Rouge to assist in the testimony of Torembour and his wife, Quintanilla is to go to the district to examine them and Fraisier, if he has returned; proceeding in such a way as not to aggravate Torembour's illness.
Draft Signed (Spanish)
--------
1797 Sep. 11
Quintanilla, Father Luis de
Baton Rouge, (Louisiana)
Quintanilla, with the two witnesses, Francisco Poussett and Ramon de Cordova, examined Turnbull who swore that: he was 46 years old and a Protestant, that Burke, Deplantier and Boyd ate at his house on Christmas Day, 1796 and that there was a quarrel but he does not know what happened because he was not present. Turnbull, Poussett and Cordova sign also.
A.D.S. (Spanish)
--------
1797 Sep. 11
Quintanilla, Father Luis de
Baton Rouge, (Louisiana)
Margaret Turnbull appeared and swore that: she was 30 years old and that Burke and Boyd entered the house talking french which she could not understand, that she saw Burke fall near the fire but she could not say whether by himself or pushed by Boyd. She signs. (Quintanilla adds in a note that) the name of Fraisier does not appear in the district but he is told that he is in Nogales or New Madrid.
A.D.S. (Spanish)
--------
1797 Sep. 23
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Palao reports that the only witnesses, Torembour and his wife, say that they do not know how the quarrel happened but only saw (Burke) fall so there is only the word of the accused who said that Duplantier and he exchanged blows. There might be a question of excommunication or only of cooperating in the immoderate use of liquor. This excess was charged by the attorney general and now repeated. Palao recommends that a suitable penalty be imposed.
A.D.S. (Spanish)
--------
1797 Sep. 23
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The (above) is to be recorded with the case.
A.D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
In the official documents Burke has been accused of the excessive use of liquor and that because of this Duplantier and Boid (Boyd) violated the sacred person of the priesthood. He protests against the falseness of the charges and asks that (Penalver) try the case.
A.L.S. (Spanish)
--------
1797 Sep. 28
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
The petition is granted.
D.S. (Spanish)
--------
1797 Sep. 30
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Burque [Burke] is to appear at 4:30 before Delgado and Father Augustin Lamare, (O.F.M.).
--------
1797 Sep. 30
Quintero, Father Isidro
New Orleans, (Louisiana)
Burke appeared before the bishop, Lamare and Delgado. (Penalver) told him that his case was to be tried if he was disposed to act as a priest and a Christian, avoiding the causes of the events at Turembul's house, the bishop's palace and the Capuchin house. Burke replied that his honor and interests had suffered and asked that the trial be continued, at least to repair his interests and honor; he declared the accusations made in the proceedings to be false but that he was always ready to live as a priest and Christian. Signed by the bishop, Lamare and Delgado.
A.D.S. (Spanish)
--------
1797 Sep. 30
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
A stay of 9 days is to be allowed(?). (The handwriting is difficult to read).
A.D.S. (Spanish)
--------
1797 Nov. 24
Burke, Father Carlos
La Fourche, (Louisiana)
to Bishop Luis Penalver y Cardenas
(New Orleans, Louisiana)
Following Penalver's orders, Burke set out to carry out the plans the king and Penalver had laid out for him but he became ill and was unable to meet the governor in Baton Rouge or in Pointe Coupee; however he did so at the home of Evan Jones where he gave Penalver's letter. Burke will leave tomorrow for his destination, where he will find great satisfaction in proving his submission.
A.L.S. (Spanish)
On the same paper:
--------
1797 Dec. 2
(Penalver y Cardenas, Luis), Bishop of
New Orleans, Louisiana
to Father Carlos Burque
(LaFourche, Louisiana)
(The handwriting is difficult to read). Penalver is sorry that illness kept Burque [Burke] from arriving at the parish; he is to call on Penalver for what he needs. Penalver is happy over the good intentions expressed in Burque's letter of November 24. Father Sevastian [Sebastian] Gili notarizes this.
Draft (Spanish)
--------
1798 Jan. 2
Burke, Father Carlos
Baton Rouge, (Louisiana)
to Bishop Luis Penalver y Cardenas
(New Orleans), Louisiana
Since the end of his trial is near and his moderator has written nothing of his case since he left the capital, Burke humbly asks that his case be ended before the holidays are over.
A.L.S. (Spanish)
--------
1798 Jan. 11
(Penalver y Cardenas, Luis), Bishop
New Orleans, Louisiana
to Father Carlos Burke
(Baton Rouge, Louisiana)
The time of the trial ends January 28. He does not know is what he commissioned the pastors of Natches [Natchez] and Natchitoches with has reached them. Since Burke's presence is not required (Penalver) leaves it to his judgement whether to come or not; but he charges him to adjust the time so that the church would be without a pastor as little as possible.
L.S. Copy (Spanish)
--------
1798 Jan. 17
Burke, Father Carlos
Baton Rouge, (Louisiana)
to (Bishop Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The bearer, Frederic Arbour, inhabitant of this district, wishing to marry Rosa Henry of the same parish, finds that they are related in the sixth and eighth degree. They are very poor. The girl is past the usual marrying age and as Acadians they do not wish to marry anyone of another religion. Burke hopes Penalver will grant a dispensation.
A.L.S. (Spanish)
On the same paper:
--------
1798 Jan. 20
(Penalver y Cardenas, Luis), Bishop
New Orleans, (Louisiana)
to Father Carlos Burque
(Baton rouge, Louisiana)
Arbour has just delivered Burque's letter. Since he brings no proof, Burque is to give the details of relationship and affinity and if there is nothing to prevent it, he is to proceed with the marriage.
A. Draft (Spanish)
--------
1798 Feb. 26
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The time of trial is past and more and Palao asks that the proceedings be turned over to the parties for certification(?).
A.L.S. (Spanish)
--------
1798 Feb. 27
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
They are to be certified.
A.D.S. (Spanish)
--------
1798 Feb. 27
Gili, Father Sevastian
New Orleans, (Louisiana)
Gili certifies that he received this case on September 20, 1797 and up to today 150 days have passed; only 120 days were allowed.
A.D.S. (Spanish)
( ) ( )
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Revoking the power given to Norwood, Burke asks that the proof be published and the proceedings be turned over to affirm a good trial.
A.L.S. (Spanish)
--------
1798 Feb. 28
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
The power is to be revoked and without verifying yesterday's communication; publication is to be made.
D.S. (Spanish)
--------
1797 Oct. 2
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Following the decree of September 30 he received the case after 9 days; he reproduces the declaration on certain pages and asks Penalver to request Valdes and Peleagonzalo and Maria Teresa to confirm their testimony.
A.L.S. (Spanish)
--------
1797 Oct. 2
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
They are to appear.
D.S. (Spanish)
--------
1797 Oct. 3
Quintero, Father Isidro
New Orleans, (Louisiana)
Valdes confirmed his testimony of March 25.
A.D.S. (Spanish)
--------
1797 Oct. 3
Quintero, Father Isidro
New Orleans, (Louisiana)
Peleagonzalo confirmed his testimony of May 8.
A.D.S. (Spanish)
--------
1797 Oct. 3
Quintero, Father Isidro
New Orleans, (Louisiana)
M(ari)a Theresa confirmed her testimony of May 8.
A.D.S. (Spanish)
--------
1798 Jan. 18
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
In order to conclude the case and Quintero having given two certifications, the one of what took place between (Penalver) and Burke and the other of what he noticed on May 7, 1797, (Penalver) is to request him to ratify them and to request Quintanilla who lived at the Capuchin house to declare what he saw and heard that night. Although he cannot remember the date it happened, Peleagonzalo will learn of it when the declaration is read.
A.L.S. (Spanish)
--------
1798 Jan. 20
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The (above) petition is granted.
D.S. (Spanish)
( )
Gili, Father Sevastian
(New Orleans, Louisiana)
Quintero appeared and confirmed the testimony taken on March 25 and May 7, 1797. Gili went to (Burke)'s house but did not find him; Gili notified Norwood.
A.D.S. (Spanish)
--------
1798 Jan. 22
Gili, Father Sevastian
(New Orleans, Louisiana)
Quintanilla appeared and testified that dining one night with Peleagonzalo and Burke he noted that he had drank more than usual. According to the declaration this was May 7, 1797.
A.D.S. (Spanish)
( )
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asks for an extension of 20 days.
A.L.S. (Spanish)
--------
1797 Oct. 3
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Penalver grants the petition.
A.D. (Spanish)
--------
(1797) (Oct. 5)
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asks that the witnesses testify on these points: He has been pastor in Baton Rouge for 5 years; he has served with zeal not only his parish but the Irish, English and Anglo-Americans in Mansack, Iberville and Galveston and up to Bayou Sarah and Pointe Coupee; whether they have ever seen him use liquor to excess. He asks for interpreters, for an extension of time and that Quintero be removed as notary.
A.L.S. (Spanish)
--------
1797 Oct. 5
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Penalver names Gili as notary.
A.D.S. (Spanish)
--------
1797 Oct. 7
Gili, Father Sevastian
New Orleans, (Louisiana)
Gili appoints Felipe Guineau as interpreter in French and Fernando Ibanez in English. The 20 day extension is granted.
A.D.S. (Spanish)
--------
1797 Oct. 7
Gili, Father (Sevastian)
New Orleans, (Louisiana)
Ibanez cannot serve because of business. He signs.
A.D.S. (Spanish)
--------
1797 Oct. 7
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
M. Dervigny, public interpreter, is appointed.
A.D.S. (Spanish)
( )
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
In order to promote his trial, Burke asks (Penalver) to send him the proceedings. Since two of the witnesses are ill, he asks that their testimony be taken at their homes.
A.D.S. (Spanish)
--------
1797 Oct. 7
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The proceedings are to be given to (Burke) and the notary will take the testimony of the two who are ill.
A.D.S. (Spanish)
--------
1797 Oct. 9
Gili, Father (Sevastian)
(New Orleans, Louisiana)
Burke gave the names of the two witnesses, Bahamonde and Guillermo Marchal, officer in the Mississippi militia and another, Carlos Profit of the same corps. The first excused himself because the governor's aid had not been asked.
A.D.S. (Spanish)
--------
1797 Oct. 9
(Penalver y Cardenas), Bishop (Luis)
New Orleans, Louisiana
to Manuel (Gayoso) Galloso de Lemos
(New Orleans, Louisiana)
(Penalver) asks Galloso's approval so that the (three above) can testify.
L.S. Draft (Spanish)
--------
1797 Oct. 10
Gayoso (de Lemos, Manuel)
New Orleans, (Louisiana)
Bahamonde [Baamonde], Marchal and Proffit are to testify as asked. Signed also by (Nicolas Maria) Vidal and the governor's secretary, Pedro Pedesclaux.
D.S. (Spanish)
--------
1797 Oct. 10
Gili, Father (Sevastian)
New Orleans, (Louisiana)
Marshall appeared with Pedro Dervigny who was named as interpreter. Pedro Derbigny [Dervigny] signs.
A.D.S. (Spanish)
--------
1797 Oct. 10
Gili, Father Sevastian
New Orleans, Louisiana
Marshall appeared and swore that: he was a Protestant and resident of Baton R(o)uge; he had known Burke ever since he was pastor there, about five years; Burke had carried out his duties zealously among the Irish, English and Anglo-Americans in Manchack, Iberville, Galveztown and as far as Bayou Sarah and Pointe Coupee; he had met Burke many times and never saw him using liquor to excess; he had not known another pastor except Burke to be invited to visit at the homes but he did not know if it was a custom. Marshall is 50 years old. He signs as William Marshall.
A.D.S. (Spanish)
--------
1797 Oct. 10
Gili, Father Sevastian
New Orleans, (Louisiana)
Bahamonde appeared and swore that: he had lived at (Burke)'s house for four years; during that time (Burke) had said Mass on feast days, had said his office and fulfilled his duties, assisting the faithful when called, even going once to Iberville, to Galveztown several times, to Manchac always when called as it was a mission of Baton Rouge and to Pointe Coupee when ordered. At gatherings he found (Burke) a man of reason. Bahamonde believes that priests everywhere attended decent gatherings. He signs as J(ose)ph Vazq(ue)z Vahamonde.
A.D.S. (Spanish)
--------
1797 Oct. 10
Gili, Father Sevastian
New Orleans, (Louisiana)
Proffit appeared and swore that: he had been in Baton Rouge 3 1/2 years during which Burke was pastor there; he knows nothing against his conduct while there; it seems he went to Point Coupee and Manchac but does not know if he went to Iberville and Galveztown. He met Burke at various gatherings but never saw his lose his judgement. Proffit is 26 and signs as Cha(rle)s Proffit.
A.D.S. (Spanish)
--------
1797 Oct. 16
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asks that at his trial Guerrero certify that he called on Burke
May 7, and that:
1. Burke received him calmly and composed as usual and what Guerrero
replied when Burke asked him if it was true that the bishop had
believed that he was confused and whether he had ever known him to be
intoxicated.
2. That Maria Teresa declare who bought her and whether she eats and
sleeps at the house.
3. That Quintanilla declare whether the certification presented is
true and ratify it and since Quintanilla is at Pointe Coupee, 50
leagues from (New Orleans), Burke asks that a copy of the affidavit be
sent within thirty days or more.
4. That the leading citizens of Baton Rouge, who signed the affidavit,
acknowledge it and affirm it.
5. That John Collins of Bayo(u) Sarah, Edward Murphy of Natchitoches,
and Maurice Nowlan, retired captain in the British Army, and resident
of this city, declare that they visited Burke on May 7 and whether he
drank to excess or fell from his chair, letters to be sent to the
pastors of Natchez and Nachitoches concerning the first two.
6. That Simon Harty and Charles Norwood, John Ray and Charles
McKernon, John O'Brien and Mr. Garland, the first two for Edward
Murphy, the second two for John Collins and the last two for Maurice
Nowlan, declare that they know them as gentlemen worthy of
friendship.
7. That Guillermo Duparc, Commandant of Pointe Coupee, who seems to
have signed the letter, confirm it before his pastor. Since Vahamonde
is the next to leave for Baton Rouge, Burke asks (Penalver) to order
him to confirm the declaration. And since most of the witnesses are
military men he asks (Penalver) to beg the aid of the governor-
general.
A.D.S. (Spanish)
--------
1797 Oct. 17
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
Penalver (grants what is asked) in Burke's document of yesterday. All the witnesses are to appear here to complete their depositions.
A(?). D.S. (Spanish)
--------
1797 Oct. 24
Gili, Father Sevastian
New Orleans, Louisiana
Guerrero, canon of the Cathedral, appeared before Penalver and swore that: when he called on Burke he found him as Burke indicated in his document; and that he had not seen him intoxicated; that he did not know about what the bishop had said. Guerrero signs.
A.D.S. (Spanish)
--------
1797 Oct. 25
Gili, Father Sevastian
New Orleans, (Louisiana)
Maria Theresa appeared and swore that Quintanilla took her to the Capuchin house and that she lived at the back with another negress and a mulatto, daughter of a white woman and a negro who lived in Pointe Coupee. Maria Theresa is 26.
A.D.S. (Spanish)
--------
1797 Oct. 27
Gili, Father Sevastian
New Orleans, (Louisiana)
Maurice Nowlan appeared and swore that: he visited Burke with Collins and Murphy and had drank two glasses but not to excess and that Burke had not fallen from the chair. Nowlan signs with Derbigny.
A.D.S. (Spanish)
--------
1797 Oct. 27
Gili, Father Sevastian
New Orleans, (Louisiana)
Simon Harty appeared and swore that: he knew Murphy as an honest man. Harty is 36 and signs.
A.D.S. (Spanish)
--------
1797 Oct. 27
Gili, Father Sevastian
New Orleans, (Louisiana)
Charles Norwood, a Protestant, appeared and swore that: he knew Murphi [Murphy] as an honest man. Norwood is 44 and signs.
A.D.S. (Spanish)
--------
1797 Mar. 25
(Penalver y Cardenas, Luis), Bishop of
New Orleans, Louisiana
--------
1797 Apr. 5
Quintanilla, Father Luis de
New Orleans, (Louisiana)
Quintanilla certifies that Burke made the ten day exercise.
A.D.S. (Spanish)
--------
1797 Nov. 3
Derbigny, Pedro
New Orleans, (Louisiana)
Translation:
--------
1797 Jun. 17
Lejeune, David and others
(Baton, Rouge, Louisiana)
The (65) signers knew Burke during his residence in the districts of Baton Rouge and New Feliciana and affirm that they have never known a priest who gave more general satisfaction than Burke; his parishioners desire him as their pastor and all who know him admire him as an honorable man.
D.S. (Spanish)
Translation:
--------
1796 Auf. 18
Duparc, (William)
Pointe Coupee, (Louisiana)
to Father (Charles) Burk(e)
( )
Duplantier has informed Duparc that Burk [Burke] has changed his opinion and that he prefers his old parish to this one. If Burk had considered the appreciation all honest men of this place had for him, he would not have left them so quickly. After asking for the parish, Duparc thought he would be content to remain; it would please the people to have him for their pastor and would particularly please Duparc. Derbigny certifies that this is a faithful translation.
L. Copy (Spanish)
--------
(1797) (Oct. 27)
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke had been ordered to ask others to get depositions in Natchez, Natchitoches, and Pointe Coupee. As he has no one to appoint, he asks (Penalver) to do so officially.
A.D.S. (Spanish)
--------
1797 Oct. 27
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
Guerrero is appointed as he is the only priest free, the promoter to pay him the usual salary.
D.S. (Spanish)
--------
1797 Oct. 27
Gili, Father Sevastian
New Orleans, (Louisiana)
Guerrero asked to be relieved of the above commission because he was a witness in the case and because his employment at the Cathedral does not permit him to leave the city except to accompany the bishop on necessary occasions. Further, his age and condition do not permit him to make so long a journey.
A.D.S. (Spanish)
--------
(1797) (Oct, 30)
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke asks for 120 days as provided by law. His salary of 40 pesos is too small to cover the costs of those coming for the trial and asks that the nearest pastors be asked to ace.
A.D.S. (Spanish)
--------
1797 Oct. 30
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Since Guerrero excused himself from the commission of October 27 and since Burke has no funds, Fathers Gerbois, Pedro Pavi(e) and Father Francis Lennan are to examine the document of the inhabitants of Baton Rouge, choosing five well thought of by the public and send in the results.
D.S. (Spanish)
--------
1797 Oct. 30
(Penalver y Cardenas, Luis), Bishop
New Orleans, (Louisiana)
The parish can no longer be left without a pastor nor the neighboring pastors be overburdened. Therefore (Penalver) orders Burcke (Burke) to give power of attorney and go to serve it.
D.S. (Spanish)
--------
(1797)
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke is ready to leave for his parish; he is really ill but he will go. He asks permission to return for the sentence.
A.D.S. (Spanish)
--------
1797 Nov. 8
(Penalver y Cardenas, Luis), Bishop
New Orleans, Louisiana
(Burke) is to leave for his parish as soon as his health permits. Permission has never been refused to any pastor to come to the city.
D.S. (Spanish)
--------
1797 Nov. 18
Burke, Father Carlos
New Orleans, (Louisiana)
Burke gives power of attorney to Charles Norwood to bring the trial to an end. He signs before the notary, Pedro Pedesclaux, with Santiago Lemaire, Fernando Percy(?) and Celestino Lavergne as witnesses.
D.S. Copy (Spanish)
--------
(1797) (Nov. 18)
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke informs the court that Norwood is his representative. He also asks that (Penalver) order Father T(h)omas Hasset(t), canon of the Cathedral and Vicar General, to certify that he saw Burke almost every day of his stay in the city and never saw him intoxicated and that his conduct was irreprehensible. He also asks that Daniel Clark and William Garland and Robert Cochran and John Ray declare that Maurice Nowlan and John Murphy are honorable men and English.
A.D.S. (Spanish)
--------
1797 Nov. 18
Penalver y Cardenas, Luis, Bishop
(New Orleans), Louisiana
Penalver grants the above requests. Gili certifies this and adds in a note following that on November 22 he notified Norwood who signs.
D.S. (Spanish)
--------
1797 Nov. 22
Gili, Father Sevastian
New Orleans, (Louisiana)
Clark, a Catholic, appeared and swore that he knew (Nowlan) Nodlan as an honest man and Irish. Clark is 29 and signs.
A.D.S. (Spanish)
--------
1797 Nov. 22
Gili, Father Sevastian
New Orleans, (Louisiana)
Garland, a native of Virginia, appears and swore that he knew Nodlan as an honorable man. Garland is 30 and signs as Guillirmo G. Garland.
A.D.S. (Spanish)
--------
1797 Nov. 22
Gili, Father Sevastian
New Orleans, (Louisiana)
Coclan [Cochran], a Protestant, appeared and swore that he knew Murphi, a native of Natchitoches as an honorable man. Cochran is 38 and signs as Robert Cochran.
A.D.S. (Spanish)
--------
1797 Nov. 22
Gili, Father Sevastian
New Orleans, (Louisiana)
Ray, a native of Philadelphia, appeared and swore that he had heard Murphi well spoken of but had no further acquaintance with him. Ray is 31 and signs as John Rhea.
A.D.S. (Spanish)
--------
1797 Oct. 17
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
to Father Claude Gerbois
Pointe Coupee, (Louisiana)
Gerbois, pastor of Pointe Coupee, is ordered to examine closely the following items from Burke's petition: Item 4 - That the leading citizens of Baton Rouge, who signed the affidavit acknowledge and confirm it and Item 7 - That Duparc confirm his letter before his pastor. Gervois is charged with examining Item 4 and seeing that Item 7 is carried out.
D.S. Copy (Spanish)
--------
1797 Oct. 30
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
(A copy of the decree of October 30, calendared above is given). And since Guerrero has fulfilled his task, the aid of the governor is to be asked in the case of the military men.
Draft S. (Spanish)
--------
1797 Nov. 3
Gayoso (de Lemos, Manuel)
New Orleans, (Louisiana)
What is asked in the bishop's letter is to be done. This is also signed by Vidal with Pedesclaux as secretary to the governor.
D.S. (Spanish)
--------
1797 Jun. 17
Lejeune, David and 64 others
(Baton Rouge, Louisiana)
(The English original - already calendared in the Spanish translation by Derbigny above - translated November 3, 1797).
D.S. (Spanish)
--------
1796 Aug. 18
Duparc, (Guillermo)
P(oin)te Coupee, (Louisiana)
to Father (Charles) Bourck
( )
(The French original - calendared under this date above - Derbigny's translation).
A.L.S. (French)
--------
(1797) (Dec. 6?)
Gerboy, Father Claude Nicolas
(Baton Rouge, Louisiana)
Gerboy, pastor of Pointe Coupee, went to Baton rouge December 6, 1797, and assisted by John Mills and James Lowdon, called to appear: Lejeune, Samuel Flower, Archibald Robertson, David Bradford and Jonathan Clark who confirmed their signatures (above). All sign.
D.S. (Spanish)
--------
(1797) (Dec. 7?)
Gerboy, Father Claude Nicolas
(Pointe Coupee, Louisiana)
Gerboy went to Duparc's house on December 7, assisted by Mills and Simon Croiset. Duparc affirmed his signature to the letter of August 18, 1796. All sign.
D.S. (Spanish)
--------
1797 Oct. 31
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
Leinan is to be informed that in the decrees against Burke a certain petition was made as follows: That John Colins, Edward Murphy and Maurice Nolan, testify that they were the ones who visited Burke on May 7 and whether he drank to excess and fell from his chair and that letters be sent to the pastors of Natchez and Nachitoches for this purpose. The petition was granted October 17, 1797. Guerrero exempted himself from the commission assigned to him on October 27 and Gerbois, Pavie and Lennan were assigned to get a statement from the people of Baton rouge; there seems to be some misunderstanding and Penalver asks in a decree of October 20, 1797 that the results be sent in. Also on October 31 Penalver asks that John Collins' testimony be taken and that the aid of the Governor-General be asked.
D.S. (Spanish)
--------
1797 Nov. 3
Gayoso (de Lemos, Manuel)
New Orleans, (Louisiana)
The request in the bishop's letter is to be carried out. Vidal signs also.
D.S. (Spanish)
--------
1797 Dec. 9
Lennan, Father Fran(cis)co
Natchez, (Mississippi)
Conradus Heroldy and Juan Perez accepted the appointment as witnesses and sign. Heroldy will also act as interpreter in the absence of Juan Giraul. They sign.
D.S. (Spanish)
John Collins testified that he was with Burke on May 7 in company with Murphy and Nolan, that he had not seen Burke drink to excess or fall from his chair. Collins is 37 and signs.
D.S. (Spanish)
( )
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The attorney appointed has taken almost a year for the case, to Burke's sorrow and to the detriment of his congregation. He asks (Penalver) to adjust the time of the trial so that he can fulfill his obligations as a parish priest in this time of Lent.
A.L.S. (Spanish)
--------
1798 Mar. 8
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
The judgement is to be given at the first hearing.
A.D.S. (Spanish)
--------
1798 Mar. 8
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
In Burke's case nothing has been proved. The witnesses did not give the dates. Only Colens said that on May 7, 1797 Burke was fully rational. This testimony of a Protestant is against the three priests who testified to the contrary. Profit and Norvor(?) were also Protestants. In the English paper, page 93, the attorney did not know the religion of the five who testified. In the letters on pages 51, 53, and 55: in the first Burke changed his way of thinking, in the second he changed his intention and in the third he asked for a dispensation of seventh and eighth degree. The attorney does not know what to say. Therefore, he asks (Penalver) to give the judgment.
A.L.S. (Spanish)
--------
1798 Mar. 12
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The case is to be closed.
A.D.S. (Spanish)
--------
1798 Mar. 20
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
A copy of the summing up was given to Burke and not having replied in due time, Palao asks (Penalver) to call the first hearing.
A.L.S. (Spanish)
--------
1798 Mar. 21
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
He is to reply by the first hearing to comply with this decree.
A.D.S. (Spanish)
( )
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Having no one to consult, this part of his defense took longer and he asks for 10 days longer.
A.D.S. (Spanish)
--------
1798 Mar. 22
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
Three days are to be allowed, because the protestation is not essential to the trial and because of the harm to the parish.
D.S. (Spanish)
--------
1798 Mar. 27
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Burke has seen the attorney-general's document in which he accuses Burke but nothing could be proved and Burke has given an account of his conduct. He asks (Penalver) to order his innocence made known in the whole province. When (Penalver) ordered him to the city he lost no time in presenting himself; the Bishop's first words were, "You are under arrest and suspension" and ordered Quintanilla to give him a set of spiritual exercises which he made with exactitude. On March 18, and not on the 15 or 16 as certified by Quintero, Burke corrected (Penalver) in some words in the office but this was because of his little knowledge of Spanish. During his suspension and arrest which lasted from March 13, 1797 to November 26 of the same year Burke complied exactly with everything the bishop ordered (given in detail). The bishop received a letter telling of Burke's encounter with one of his parishioners but the source of this letter did not appear in the proceedings. Nothing has been proved. (Burke cites the accusations against him and gives the explanation of his actions). Burke does not speak or write Spanish well. In his letter which the district attorney said was against sound reason Burke gave a literal translation of English into Spanish of the terms "four akin," "five akin," etc. Following is a copy of the letter written to (Penalver) in reply to the one written by (Penalver and sent) through Arbour on January 20, 1798:
--------
1798 Jan. 31
Burke, Father Carlos
Baton Rouge, (Louisiana)
to Bishop Luis Penalver y Cardenas
(New Orleans), Louisiana
"Arbour is the son of Francisco (Arbour) and Maria Henry. His grandparents were Francisco Arbour and Teresa Cotau and Joseph Henry and Christina Petre. Rosa is the daughter of Juan Henry and Maria Petre; her grandparents were Juan Henry, son of Martin Henry, and Magdalena Teriau and Joseph Petre and Elisabeta Boudro."
Among the witnesses there was only one against Burke as Valdes and Quintero were of little weight since they belonged to Penalver's household and seeing that Penalver believed the falsehood that Burke was drunk or half-drunk, they followed the same lie. The attorney- general wishes to make void Burke's proofs saying that the majority of his witnesses were Protestants. If they were unqualified they should not have been given the oath. Because of all this and since the evidence was not complete, Burke asks that his petition at the beginning of the letter be granted.
A.L.S. (Spanish)
--------
1798 Mar. 27
(Penalver y Cardenas), Bishop (Luis)
New Orleans, (Louisiana)
For a better decision the present notary will explain why he did not carry out the petition on page 88.
D.S. (Spanish)
--------
1798 Mar. 28
Gili, Father Sevastian
New Orleans, (Louisiana)
Following the decree for page 88 calling for the testimony of Hasset, Hasset appeared and said he would come but if he was not there by ten the next day not to expect him. As he did not appear and when Gili met him later in the street near the house of Father Patricio (Walsh) Wasch, Hasset replied that he was of the opinion that they did not have the authority to take the testimony.
A.L.S. (Spanish)
--------
1798 Mar. 31
Penalber [Penalver] y Cardenas, Bishop Luis
New Orleans, Louisiana
Penalver (reviews the entire case). He orders Burke to return to his parish and to pay the costs of the case. Gili acts as notary and adds that this sentence was passed in the presence of Matheo Lausan(?) and Thomas Hernandes.
--------
1798 Mar. 31
Liotaux, Luis
New Orleans, (Louisiana)
The bill of expenses in the case (is itemized and amounts to) 188 pesos, 2 reales.
A.D.S. (Spanish)
( )
Burke, Father Carlos
(New Orleans, Louisiana)
Burke, wishing to vindicate his priestly honor, asks to appeal his case to the Bishop of Havana. He asks for the proceedings of the trial and to go personally to make his defense.
A.L.S. (Spanish)
On the same paper:
--------
1798 Apr. 3
Gili, father (Sebastian)
(New Orleans, Louisiana)
The (above) was presented before Commissioner of War Rafael Ramos and Captain Fran(cis)co Riano.
A.D.S. (Spanish)
--------
1798 Apr. 4
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The principal trial is to be copied; for the other consent(?) is given with the certification asked.
A.D.S. (Spanish)
--------
1798 Apr. 11
Palao, Father Ramon
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The appeal seems unjust and imprudent. (Burke)'s transgression was proved. He cannot personally abandon his duties and only the official in charge of his parish can consent to his leaving, with the approval of (Penalver). The Bishop of Havana is not the metropolitan judge and only to such can the suffragans appeal. It seems to Palao that the case should only be heard in the lower court and that the corrected testimony and consent be given at (Burke)'s expense, that payment of the costs be enforced, that (Burke) go only if he leaves a priest suitable to (Penalver).
A.D.S. (Spanish)
--------
1798 Apr. 11
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
(The above) is to be decreed.
A.D.S. (Spanish)
--------
1798 Apr. 13
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Penalver will consent to Burke going personally if he presents a competent priest to take his place in the parish at his own expense. He is to pay the costs of this, deferring the other costs until the outcome of the appeal without including in any of these, the costs for the judge who renounces them. A copy is to be made; if the appeal is not presented within the time defined by law the sentence will stand.
D.S. (Spanish)
--------
(1798) (Apr. 14)
Burke, Father Carlos
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Since by the decree, Burke is to observe certain points he
states:
1. Since this province belongs to the Bishop of Havana to San Domingo
it seems that this, like a secular appeal, would go to Havana
especially at this time of war when it is almost impossible to get to
San Domingo;
2. There is no priest to pout in his place because all are employed
with stipends from the king so it seems like an absolute refusal of his
going to a higher tribunal;
3. After thanking (Penalver) for waiving the costs (for the judge)
Burke observes that he has no money to pay the remaining costs, as all
priests in this province are poor missionaries. Therefore he asks
(Penalver) to listen to his appeal to the Bishop of Havana, permit him
to go without the obligation of putting another pastor in his place and
to free him from paying the remaining costs.
P.S. Burke presents two copies, to be corrected and agreed upon, one
to be returned to him.
A.L.S. (Spanish)
--------
1798 Apr. 16
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The decree of the 13th is to be carried out.
A.D.S. (Spanish)
--------
1798 May 4
Gili, Father (Sebastian)
(New Orleans, Louisiana)
Gili notified Palao that the correcting of the testimony was finished and also Walsch to whom Burck [Burke] said he had given power of attorney before leaving Baton Rouge.
A.D.S. (spanish)
--------
(1799) (May 6)
Lavergne, C(eles)tino
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Lavergne has been informed by the notary of the case that the attested copy has been finished. He asks (Penalver) to order them to be turned over to him for the appeal.
A.D.S. (Spanish)
--------
1799 May 6
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The proceedings are to be brought for presentation. Gili adds that he notified Lavergne but he did not notify Palao as he had gone to New Spain.
A.D.S. (Spanish)
--------
1799 Mar. 13
Grand-Pre, Carlos de
Baton Rouge, (Louisiana)
Copy of power of attorney. Burke gives his power of attorney to Lavergni, resident of New Orleans, revoking that given to Walsh as he did not fulfill his instructions. Lavergne is to get an attested copy of the trial. Burke gives this in the presence of Carlos de Grand-Pre, governor of Baton Rouge and before the witnesses, Pablo de Larin and Mig(ue)l Ordonez. Grand-Pre certifies that this is a copy of the original in the archives.
D.S. (Spanish)
--------
1799 May 20
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The document of page 27 is to be copied by the attorney-general, Father Ant(on)io de Sedella, (O.M.Cap.), who is appointed in this capacity in the absence of anyone who can serve. Gili notified Sedella who accepted.
D.S. (Spanish)
--------
(1799) (May 20)
Sedella, Father Antonio de
(New Orleans, Louisiana)
Although he signed the above Sedella finds that his duties as a parish priest do not allow him to fulfill this appointment and he begs to be excused.
A.D.S. (Spanish)
( )
Burke, Father Carlos
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
It is a long time since Burke gave power of attorney to Walsh, chaplain at the Royal Hospital to make an authentic copy of the proceedings and after that to Lavergne. The first did not want to accept and the second has never given any evidence that he has taken steps to carry out his instructions. Burke asks (Penalver) to order a copy sent to him of these proceedings.
A.L.S. (Spanish)
--------
1799 Nov. 14
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
To be kept with the proceedings.
A.D.S. (Spanish)
--------
1799 Nov. 15
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Since all the priests who could act as attorney are prevented, Penalver has no one to ask so the document presented by Constantino Laberne with power of attorney for Burke on which there was no signature by the constituent nor by the judge before whom the original was enacted, it was exhibited more than a year after the appeal was heard and the attested copy was made. It was in the possession of the present notary since May 4 of this year, the stated appeal is declared abandoned, exceeded by the conclusion of March 31, 1798 and Burke paid the costs and it was brought out after the testimony.
D.S. (Spanish)
--------
1799 Nov. 20
Burke, Father Ch(arle)s
New Orleans, (Louisiana)
Burke received from Gili, 40 pesos, 6 reales, the amount of the costs owed Quintero and Quintanilla for their work in the proceedings, who remitted this amount.
A.D.S. (Spanish)
V-2-F D.S., A.D.S., A.L.S., L.S., Drafts, L. (Spanish, English and
French) 230pp. 4to.
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