A "marriage" is declared null
#1
Calendar (1797/03/02)
1797 Mar. 2
Vousdan, William

A copy of the proceedings between Guillermo Vousdan and Hannah Lum ending on April 28, 1795.

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1795 Mar. 4

Vousdan, Han(n)ah
Natchez, (Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Hannah Vousdan has had some difficulty with her husband, William Vousdan, respecting the property she possessed when married. In order to call Vousdan to account it is necessary to prove that they were lawfully married. She begs Gayoso to grant her an order to Colonel Hutchins ordering him to certify what he knows about this marriage.

D.S. Copy (English)

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(1795) (Mar. 4)

Gayoso de Lemos, (Manuel)
(Natchez, Mississippi)

Colonel Anthony Hutchins will certify what he knows regarding the petitioner's demand.

D.S. Copy (English)

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1795 Mar. 5

Hutchins, Anthony
(Natchez, Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Before the country of the Natchez was conquered by His Catholic Majesty's arms it was the custom, particularly in the absence of clergymen, to marry by special license from the governor and that bonds and security be previously given. As Hutchins was first of the quorum and a commissioner of the Supreme Court of Pensacola, such licenses were lodged in his hands but the (supply) being exhausted and the distance to Pensacola great, he married Vousdan and Mrs. Lum without a license or a bond as he intended to have procured the license afterward but it was omitted for some cause or other but the ceremony was performed.

D.S. Copy (English)

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1795 Mar. 11

Vousdan, Hannah
(Natchez, Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Hannah Vousdan presents the certificate given by Hutchins following the governor's order of March 4. She asks that it may be communicated to Vousdan with an order for his immediate answer.

D.S. Copy (English)

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1795 Mar. 13

Gayoso (de Lemos, Manuel)
(Natchez, Mississippi)

A copy is to be given to Guillermo Vousdan so that he may explain what he has to offer in this particular.

D.S. Copy (Spanish)

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1795 Mar. 14

Vousdan, William
Natchez, (Mississippi)

to Manuel Gayoso de Lemos
Natchez, (Mississippi)

Vousdan has seen with astonishment two memorials, one dated the 4th and the other the 11th signed by a woman calling herself Hannah Vousdan and also a certificate from Colonel Anthony Hutchins and the governor's decree. Vousdan was never married to her or to any other, this being impossible because he is a Roman Catholic and she of unknown profession. About 18 years ago she had difficulty with a company of merchants called Williams and Ferguson. Vousdan boarded at her house at the time and she asked him to be her friend and Vousdan continued to settle her affairs with this company and others. To save appearances, especially with her brother-in-law she assumed the name of Mrs. Vousdan, it becoming so familiar that she was known only by that name. She lived with him in that character and he settled her accounts and paid a good deal of his own money to keep her and her children together until they were able to refund the money. After some bad conduct on her part and a state of insanity, Vousdan placed her and her children in a house by themselves with a negro to attend them until she should recover. Then she applied to Mrs. Hutchins to ask Vousdan to let her live with her brother-in-law, John Lum, to which he readily agreed. This was about 13 years ago and Vousdan had never heard anything of her until now. The certificate of Hutchins is so vague and ambiguous that it seems calculated to save her credit and that of her sons, now grown men. Hutchins says that he had no authority, no license and no bond and without them there could be no marriage. Hutchins is too well acquainted with the English laws to marry people with authority. Where are the witnesses, two men at least, are they living or dead? Vousdan has a considerable demand against her property and she thinks to scare him out of it by claiming a marriage that never existed. Is not her son married these six years past and why has he not thought of it before this? Vousdan asks the governor to order Hannah Lum to give security for the expense of this mad suit and also to issue security for a balance of $2500 or $2600 due Vousdan for which he is ready to produce documents. He also prays that the designs of the coalesced party be brought to public justice and the property secured as Vousdan will make appear to be his and not theirs since he has paid the debts of Hannah Lum's late husband, Jesse Lum.

D.S. Copy (English)

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1795 Mar. 20

Gayoso, (de Lemos, Manuel)
Natchez, (Mississippi)

A copy is to be sent to Hannah Vousdan and she is to provide the security asked for.

D.S. Copy (Spanish)

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1795 Mar. 21

Lum, W(illia)m
Natchez, (Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Han(n)ah Vousdan replies that Hutchins' certificate will prove the reverse of Vousdan's denial of being married to her. She asks that Hutchins be called before the governor to answer whether he did not, at the particular request of Vousdan, marry her to him in the manner then customary in the district and whether the marriage was not considered as lawful by him and those of the district. She further requests that Hutchins' wife be asked to declare whether she was not personally present at the marriage and visited Hannah as the lawful wife of Vousdan. Vousdan represents that he was solicited as a friend and not as a wife to assist her in settling the affair of Williams and Ferguson and that he paid large sums of his own money. Hannah denies this and asks that Vousdan be made to produce a just statement of the property and outstanding debts she was possessed of when married to him.

D.S. Copy (English)

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1795 Mar. 23

Gayoso (de Lemos, Manuel)
Natchez, (Mississippi)

Hutchins is to appear before Gayoso to declare what is asked in the petition. Isaac Johnson is to take the declaration of Mrs. Ana Hutchins. Vousdan is to be notified so that he may produce the documents asked for.

D.S. Copy (Spanish)

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1795 Mar. 23

Girault, Juan
(Natchez, Mississippi)

In compliance with the above decree Girault notified Guillermo Vousdan and gave him a copy of the petition. In notes following this Girault states that he notified Hutchins to appear and that he had notified Isaac Johnson to take Ana Hutchins' declaration.

D.S. Copy (Spanish)

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1795 Apr. 10

Gayoso de Lemos, Manuel
Natchez, (Mississippi)

Hutchins, with the aid of the interpreter, Juan Girault, in the presence of the witnesses, Estevan Minor, Captain of the Army and Adjutant Major of the place and His Majesty's secretary, Joseph Vidal, Captain of the Artillery of the Militia, answered that it is true that Guillermo Vousdan asked him to marry him to Hannah Lum, that Hutchins had married them according to the Anglican rite customary in the country at the time, that afterwards he had received Hannah in his house as the legitimate wife of Vousdan, that although the ceremony was private it was none the less valid; that as a friend of the Lum family he was glad to see the widow married to Vousdan because he was capable of straightening out Lum's inheritance which was intricate. Hutchins is 70 years old. This is signed by Antonio Hutchins, Juan Girault, Gayoso, Josef Vidal and Estevan Minor.

D.S. Copy (Spanish)

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1795 Mar. 28

Johnson, Isaac
Natchez, (Mississippi)

Mrs. Ann Hutchins appeared before Johnson, one of the magistrates assigned to keep the peace of the district of Second Creek and swore that she was present at the time William Vousdan was married to the widow Hannah Lum and that she visited her after the marriage as the lawful wife of Vousdan. Signed by Johnson and Ann Hutchins.

D.S. Copy (English)

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1795 Apr. 9

Gayoso (de Lemos, Manuel)
Natchez, (Mississippi)

This is to be added to the proceedings.

D.S. Copy (Spanish)

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1795 Mar. 23

Vousdan, William
Natchez, (Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Account current with Hannah Lum respecting cash, bonds, etc. advanced to pay her debts. When Mrs. Hannah Lum furnishes upon oath of one or two witnesses, what negroes, stock and household goods she had with the outstanding debts she had when William Vousdan undertook to settle her accounts he will then return to the governor a just and fair account of every article or she may return it herself. If wrong, Vousdan will call upon a certain evidence. Beginning with November 28, 1777, Vousdan lists the payments made, giving dates, names and amounts with the interest due him after 16 years. One item dated 1781 states that $700 was paid John Farquhar for sundries but in reality (it was) to run off with Philip Alston to Cumberland. In March 1795 the balance brought over was $2706.4(?).

D.S. Copy (English)

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1795 Mar. 23

Vousdan, William
Natchez, (Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi)

Beginning with 1777, the income is listed ending with a balance due Vousdan of $2706.4. As to outstanding debts owing Mr. Lum, Miller and Swanson collected them to pay themselves, receipts for which are in Vousdan's possession. Vousdan begs leave to wait the issue of the testimony called upon by Mrs. Hannah Lum upon presentment of which he will instantly reply. William Ferguson was a partner in business with Jesse Lum at the time he was killed. Vousdan asks that he be called upon to give testimony. Ferguson and Mrs. Lum are still great friends and Vousdan and Ferguson are not.

D.S. Copy (English)

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1795 Mar. 28

Gayoso (de Lemos, Manuel)
Natchez, (Mississippi)

Guillermo Ferguson is to appear before Gayoso to answer the questions in the above.

D.S. Copy (Spanish)

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1795 Apr. 9

Gayoso de Lemos, Manuel
Natchez, (Mississippi)

Ferguson appeared and through the interpreter, Juan Girault, and in the presence of the witnesses, Joseph Vidal and Agapito Conchado, stated that with three slaves, a house, livestock, and furniture the widow Ha(n)nah Lum had enough to pay her husband's debts and besides had a house and land at the pier; that he knows only that the debts owed to him were paid partly in money and partly in government certificates and probably were from profits of the property; that the widow bought the slaves at a public auction before Vousdan took over the accounts; that at the time of the revolution many inhabitants escaped with their goods and that Vousdan being held in New Orleans, Phelipe Alston persuaded the widow to go with him, leaving a certain Winfrey to bring the slaves, but Ferguson, who was in charge of Vousdan's affairs, opposed this and the widow returned and remained in Ferguson's house until the return of her husband; that he kept the slaves as belonging to Vousdan and his wife, that he did not know whether Vousdan was imprisoned by the intrigues of enemies or not, that his wife went as far as the little gulf but took no slave with her. This is signed by William Ferguson, Juan Girault, Gayoso, Josef Vidal and Agapito Conchado.

D.S. Copy (Spanish)

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1795 Apr. 11

Girault, Juan
Natchez, (Mississippi)

Girault notified Vousdan of the testimony above and on the same day made it known to Guillermo Lum.

D.S. Copy (Spanish)

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1795 Apr. 17

Girault, Juan
Natchez, (Mississippi)

Girault, in charge of the archives, delivered the testimony to Guillermo Lum for an answer.

D.S. Copy (Spanish)

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1795 Apr. 22

Vousdan, William
Natchez, (Mississippi)

to (Manuel Gayoso de Lemos)
(Natchez, Mississippi) (?)

The documents given over to Guill(erm)o Lum have not been returned and Vousdan, having business in the capital, asks the governor to order them returned within twenty four hours.

D.S. Copy (Spanish)

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1795 Apr. 22

Grand pre, (Carlos de)
Natchez, (Mississippi)

The documents are to be presented within the time asked. Girault adds a note that he notified William Lum of this decree who returned the documents with the petition below.

D.S. Copy (Spanish)

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1795 Apr. 22

Lum, William
Natchez, (Mississippi)

to (Carlos de Grand-Pre)
(Natchez, Mississippi)

As attorney for his mother, Lum states that he hopes that Hutchins' certificate and testimony with that of Mrs. Hutchins have sufficiently proved the marriage of William Vousdan to Han(n)ah Lum. He asks that the governor appoint judges to take the proofs relative to the property Hannah Vousdan brought to William Vousdan and the accumulated property of Vousdan at this time. If Hannah was guilty of imprudences they are to be charged to the inhuman treatment of her husband.

D.S. Copy

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1795 Apr. 22

Grand-Pre, (Carlos de)
Natchez, (Mississippi)

The above is to be added to the documents. Girault adds on April 23 that he gave a copy of this petition to Vousdan.

D.S. Copy (Spanish)

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1795 Apr. 24

Vousdan, William
Natchez, (Mississippi)

to Charles de Grand-Pre
(Natchez, Mississippi)

W(illia)m Lum's petition of the 22nd scarcely merits any reply being dictated by a malicious man entirely unacquainted with the affair and only copied by Lum. Vousdan positively denies the marriage or the power of Hutchins to celebrate it. He believes that Mrs. Lum and her son are not the authors of this process because she has offered to appear at the notary public's office and fully acquit Vousdan of every charge respecting marriage and renounce all claims. As to the property of the late Jesse Lum, Vousdan wishes to settle by arbitration.

D.S. Copy (Spanish)

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1795 Apr. 28

Girault, Juan
Natchez, (Mississippi)

Girault gave a copy of this petition to Guill(erm)o Lum who appeared in the secretariat with his mother and brother who presented and signed the two documents attached.

D.S. Copy (Spanish)

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1795 Apr. 28

Lum, Hannah
Natchez, (Mississippi)

Hannah Lum renounces every claim to the establishment of her marriage and releases Vousdan from all claims and demands and revokes the power of attorney vested in her son, William Lum. She asks that this document be authorized by Grand-Pre, governor for the time being and recorded in the Archives. This is signed by Hannah Lum in the presence of William Lum and Jesse Lum, (Jr.) the witnesses, Vidal and Minor, and Girault before Carlos de Grand-Pre.

D.S. Copy (English)

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1795 Apr. 28

Lum, Han(n)ah and Vousdan, William
Natchez, (Mississippi)

William Vousdan and Hannah Lum hereby agree to refer the settlement of their controversy concerning the property of the late Jesse Lum by arbitration to Ezekiel Forman, Joseph Barnard, George Cochran, Sutter Bankes and Isaac Johnson binding each other to the penal sum of 5000 Spanish milled dollars to abide by the arbitration of the above men. Grand-Pre adds a note (in Spanish) that this is to be added to the proceedings and to the archives.

D.S. Copy (English)

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1795 May 6

Vousdan, William
Natchez, (Mississippi)

to Carlos de Grand-Pre
Natchez, (Mississippi)

Vousdan asks for a copy of the proceedings.

D.S. Copy (Spanish)

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1795 May 6

Grand-Pre, (Carlos de)

(Natchez, Mississippi)

The (above) petition is granted.

D.S. Copy (Spanish)

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1795 May 14

Grand-Pre, Carlos de
Natchez, (Mississippi)

This copy conforms to the originals placed in the government archives.

D.S. (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Vousdan, through Ross empowered by him, states that he has been pursuing some proceedings concerning the annulment of his marriage with Mrs.Hannah Lum. These proceedings are in the hands of Father Patricio Walsh. He asks (Penalver) that they be given over to him for use in the case.

D.S. (Spanish)

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1795 Oct. 21

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

The documents are to be turned over upon presentation of the power of attorney. J(ose)ph M(ari)a de Rivas, secretary, certifies to the bishop's signature and adds that on October 22 Vousdan was notified of the decree and that he went to the home of Walsh who handed over the documents.

D.S. (Spanish)

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1795 Jun. 18

Vousdan, William
Natchez, (Mississippi)

Vousdan gives the power of attorney to David Ross, resident and business man of New Orleans, in order to present to the ecclesiastical Court of the province the documents in his differences with Mrs. Hannah Lum and to do all that is necessary. Grand-Pre certifies that this is a copy of the original kept in the archives. This certification has Grand-Pre's own signature.

D.S. Copy

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Ross asks (Penalver) to order Daniel Clark, resident of Natchez now in (New Orleans) but leaving tomorrow for Natchez, to testify before Juan Jose Duforest, public interpreter, whether it is true that, when he was secretary in the province of West Florida, in the time of the British Domination, individuals asking for a license to marry and giving security were usually granted one and a minister married them according to the rites of Great Britain and that no magistrate nor justice of the peace had the faculty for this, nor the superior court of Pensacola the power to give it; that Justice of the Peace Hutchins who performed the ceremony between Ana Lum and (Ross') client did not have this faculty and did it on his own authority acting according to the abuse introduced into Natchez and Pensacola.

D.S. (Spanish)

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1795 Oct. 27

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

The information is to be received by the present secretary, Rivas.

D.S. (Spanish)

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1795 Oct. 27

Rivas, J(ose)ph M(ari)a de
(New Orleans, Louisiana)

Daniel Clark swore that the act of the Parliament of England relative to marriages, authorized only ministers of the gospel to perform marriages and never granted the faculty to justices of the peace, that in West Florida and other English holdings the authority to issue such licenses was taken over, something which was held as an abuse. In this way numerous marriages were performed like that of Vousdan and Ana Lum; however the governor and secretary found it convenient to facilitate marriages by giving the faculty to justices of the peace but without legitimate authority. Clark is 63 years old.

D.S. (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Ross asks that the same questions as those put to Clark be answered by Thomas Dumfort and Guillermo Stiphen.

D.S. (Spanish)

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1795 Nov. 5

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

The petition is granted.

D.S. (Spanish)

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1795 Nov. 6

Rivas, J(ose)ph M(ari)a de
(New Orleans, Louisiana)

Stephen swears that it was necessary to prove before the court of Pensacola the freedom to marry and after that the license was granted to be married before a minister of the Gospel or if he was not available before a Justice of the Peace; that such marriages were performed for some time even without the license from Pensacola, that he saw the late Justice of the Peace, George Drouhart, perform such ceremonies; that such marriages usually lasted only until disagreement came. Stephen is 45 years old. He signs as W(illia)m Stephen. Dumfort swears that the freedom of the parties to marry was the only requisite to obtain the license, provided that a minister of the Gospel was appointed to perform the ceremony. In case of a lack of a minister the ceremony was performed by a Justice of the Peace. Without these requirements the marriage was considered invalid. He does not know the faculties of the judge who married Vousdan. Dumfort is 29 years old. He signs as Tho(ma)s Dumford.

D.S. (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Ross asks the bishop to order that all testimony in English be translated into Spanish and given to him.

D.S. (Spanish)

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1795 Nov. 10

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

The petition is granted. Rivas adds that he notified Ros(s) and Duforest who accepted the office of translator.

D.S. (Spanish)

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1795 Nov. 13

Duforest, Juan Josef
New Orleans, (Louisiana)

Duforest makes a copy (In Spanish of all the preceding documents in this case from the beginning, up to and including the decree of Grand- Pre on May 14, 1795).

D.S. Copy (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Ross asks the bishop to declare publicly in Natchez the nullity of the marriage contract between Vousdan and Ana Lum and Vousden's freedom to marry whomever he likes. He asks that such a document be sent to the pastor of Natchez so that the priest can make it known to Ana Lum and the public. Vousden bases his right to such a declaration upon the proceedings of the case, (citing in particular the evidence on) pages 39, 34, 43, 35, 36 and 51.

D.S. (Spanish)

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1795 Nov. 25

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

The petition is acknowledged.

D.S. (Spanish)

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1795 Nov. 26

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

Hannah Lum, or her agent, is to appear in this city to answer the demand for nullification of the marriage of Guillermo Vousden, and a copy of the decree is to be sent to the pastor of Natchez. Rivas adds in a note that he notified Ros(s) of the decree and that Ross protested against it.

D.S. (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Vousdan, through Ross, protests against the ordering of a hearing of Ana (Han(n)ah) Lum and asks that it be revoked. The distance of 115 leagues will cause considerable delay in the conclusion of the case and he asks that a public attorney act for the defendant in case of absence.

D.S. (Spanish)

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1795 Nov. 28

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

The petition is denied. Vousdan is advised to consult a lawyer because without his opinion the proceedings will be held over. Rivas, in another note, states that the letter was sent to Father Fran(cis)co (Lennan) Lanan, pastor of Natchez.

D.S. (Spanish)

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(1795) ( )

Ross, David
(New Orleans, Louisiana)

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

Vousd(e)an asks that a new decree be sent to Father Lennan as the first one must have been lost.

D.S. (Spanish)

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1795 Dec. 30

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

A new document is to be sent.

D.S. (Spanish)

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1795 Dec. 30

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

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

Penalver sends Lennan a transcript of his decrees regarding the appearance of Ana (Han(n)ah) Lum in New Orleans to answer Vousden's request for annulment.

D.S. (Spanish)

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1796 Feb. 4

Lennan, Father Fran(cis)co
Natchez, (Mississippi)

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

Lennan, pastor of Saviour of the World church, asked the aid of Carlos de Grand-Pre, acting commandant of Natchez, to order Ana Loma [previously, Hannah Lum] to appear on this date. Brian Brun and Manuel Garcia de Texada as witnesses and Josef Vidal as interpreter, sign with Lennan. Brun signs as Bryan Bruin.

D.S. (Spanish)

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1796 Feb. 4

Lennan, Father Fran(cis)co
Natchez, (Mississippi)

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

Ana Loma [Hannah Lum], states that she has nothing further to say about her marriage with Guillermo Vousdan and for that reason she has not decided to go to New Orleans or to appoint an attorney. She is persuaded that the case is in her favor. She signs as Hannah Vousdan Lum. Bruin, Texada and Vidal also sign.

D.S. (Spanish)

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1796 Feb. 22

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

These affidavits are to be added to the proceedings.

D.S. (Spanish)

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1796 Feb. 23

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

Father Ubaldo Delgado, O.F.M. is appointed defender of the marriage of Guillermo Vousdan and Ana Luni [Hannah Lum]. Delgado, conforming with the bull "Dei miseratione" of Benedict XIV and having examined the proceedings and the demand on page 54, will give an answer in due form. Rivas certifies this decree and adds in another note that he notified Delgado, who begs to be excused from this duty as he had neither the ability nor the time to perform it.

D.S. (Spanish)

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1796 Mar. 15

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

Father Patrisio Walch (Patrick Walsh) is appointed in Delgado's place. De Rivas certifies this and adds in a note that he notified Walsh who accepted and the documents were turned over to him.

D.S. (Spanish)
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(1796) ( )

Ross, David
(New Orleans, Louisiana)

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

Since Ross' client has informed him that the bishop's letter had been received, he asks that (Penalver) make the provisions necessary to end this case in conformity with his petition.

D.S. (Spanish)

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1796 Mar. 15

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

(The above) is to be decided in this court.

D.S. (Spanish)

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(1796)

Walsh, Father Patricio
(New Orleans, Louisiana)

Having examined the proceedings in this case, Walsh states that since Vousdan and Ana [Hannah] Lum appeared before Hutchins with the intention of getting married, giving their full consent before him, the marriage must be considered as a civil or natural contract which is valid and indissoluble. The "causa eficiente" of marriage is the reciprocal consent, according to Pope Eugene IV. Clandestine marriages celebrated before the Council of Trent, or where it discipline was not prescribed were not declared sacraments but civil contracts according to Natal. Alexandro and others. Nevertheless the Council declared them valid. The rejection of the parties does not annul the marriage according to the bull, Dei Miseratione. Vousdan's statement that sufficient cause for annulment is the fact that he is a Catholic and she Protestant is contrary to declarations of the Council. Therefore Penalver should declare the marriage of Vousdan and Ana Lum valid.

D.S. (Spanish)

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(1796) Apr. 1

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

A copy is to be given to Vousdan. Father Isidro Quintero certifies the bishop's signature.

D.S. (Spanish)

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(1796) ( )

Vousdan, William
(New Orleans, Louisiana)

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

vousdan, without revoking (Ross') powers, asks (Penalver) to bring his marriage case to a close so that Vousdan, a captain of the mounted militia, may return to Natchez to serve the king in whatever might occur in the critical circumstances of the province.

D.S. (Spanish)

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1792(?) Apr. 2

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

All Penalver can do is to not delay the proceedings.

A.D.S. (Spanish)

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(1796)

Vousdan, William
(New Orleans, Louisiana)

Vousdan replies to (Walsh)'s petition of page 64 (with the dame arguments he has given before). Since Hutchins in their case did not fulfill the conditions of the laws of Great Britain, Vousdan asks that his former petition for annulment be granted.

D.S. (Spanish)

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1796 Apr. 5

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

A copy is to be given to the defender of the marriage.

D.S. (Spanish)

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(1796)

Walsh, Father Patricio
(New Orleans, Louisiana)

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

Walsh, in reply to Vousdan's document of page 67, asks (Penalver) to declare the marriage valid. In addition to his document of page 64 he adds a quotation from the Roman catechism of Pius V and also the statements of Fran(cis)co Toleto and others.

D.S. (Spanish)

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1796 Apr. 6

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

A term of nine days is to be given and the proofs are to be given over to Father Thomas (H)as(s)et(t), the bishop's vicar-general, who will try the case and give a judgment. Quintero certifies this decree. On April 7, (Carlos) Ximenez as notary pro tem notified Vousden through the public interpreter of the above decree and also notified Walsh.

A.D.S. (Spanish)

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(1796) ( )

Walsh, Father Patricio
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

Since the nine days given to present evidence have passed without a request for extension Walsh asks (Hassett) to continue the case.

D.S. (Spanish)

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1796 Apr. 17

(Hassett, Father Thomas)
(New Orleans, Louisiana)

Notification is to be given.

A.D.S. (Spanish)

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(1796)

Vousdan, William
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

Vousdan agrees to continue with the proceedings.

D.S. (Spanish)

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1796 Apr. 18

Hassett, Father Thomas
New Orleans, (Louisiana)

Hassett will hear the case.

D.S. (Spanish)

--------
1796 Apr. 19

Hassett, Father Thomas
New Orleans, (Louisiana)

The proceedings are to be published and added to the case.

D.S. (Spanish)

--------
1796 Feb. 17

Ross, David
New Orleans, (Louisiana)

Eight questions to be asked in the examination of Antonio Hutchins.

D.S. (Spanish)

--------
(1796)

Ross, David
(New Orleans, Louisiana)

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

Vousden asks the bishop to receive the answers of Hutchins to the questions.

D.S. (Spanish)

--------
1796 Feb. 18

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

The testimony in answer to the questions is to be heard.

D.S. (Spanish)

--------
1796 Feb. 20

Hutchins, Anthony
New Orleans, (Louisiana)

Hutchins appeared before Penalver and swore that he authorized the marriage as Justice of the Peace, the Justice had to have a license granted by the Government, the principal ministers for marriages were those of the Gospel but in want of such ministers, marriages could be performed by Justices with a license from the Government, he does not know whether the contract is void if this second requisite is lacking. Natchez was a dependency of Pensacola, there was no minister of the Gospel at Natchez at that time nor did Hutchins have a license from anyone, except a general one from the Governor of Pensacola and did not know whether (the governor) had such authority, he had not seen married couples separate as Vousden had done, he did not know whether the marriages were valid or null, he married Vousden to please him and to correct the evil affair between him and Ana Lum, he thought he was concurring in a valid act because of the verbal permission which he spoke of (above) although he did not know if the governor had such authority, it being a municipal law enforced in some and not in other (towns), later he learned from someone in the secretariat of the Government that he did not have that faculty. Hutchins is 71 years old.

A.D.S. (Spanish)

--------
(1796)

Vousdan, William
(New Orleans, Louisiana)

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

Vousdan asks that the declarations of Hutchins which are to be kept until the proper time, be sent to the Vicar-Forane and Ecclesiastical Judge so that they may be added to Vousdan's evidence.

D.S. (Spanish)

--------
1796 Apr. 7

Penalver y Cardenas, Luis
(New Orleans), Louisiana

The petition is granted.

A.D.S. (Spanish)

--------
1796 Apr. 7

Vousdan, William
New Orleans, (Louisiana)

to (Father Thomas Hasset[t])
(New Orleans, Louisiana)

Vousden asks that Hutchins be ordered to appear and ratify the marriage certification copied in the proceedings. He asks that this be done at once as Hutchins is to leave that afternoon for Natchez.

D.S. (Spanish)

--------
1796 Apr. 7

Hassett, Father (Thomas)
New Orleans, (Louisiana)

(Hutchins) is to appear as petitioned.

A.D.S. (Spanish)

--------
1796 Apr. 7

Hutchins, Anthony
New Orleans, (Louisiana)

Hutchins, taking oath as a Protestant, swore that the certificate on the back of the first leaf of the proceedings is the same certification as he gave in Natchez on March 5, 1795 by order of the Governor Manuel Gayoso and petitioned by Ana Lum.

D.S. (Spanish)

--------
1796 Mar.(?) 25

Bradford, David
New Orleans, (Louisiana)

Bradford answers that none are permitted to marry in England but a clergyman authorized by law. His duty is to keep a record of when, where and by whom the ceremony was performed. The rules of law respecting matrimony were different in the different governments; in some the English laws was strictly observed, in others the rules varied but variation was always by a law passed by the legislature of the particular government. In Pennsylvania, authority is given to the Justices of the Peace or magistrates to marry on a license obtained from the governor and bond and security being entered into. In Virginia, the courts are ordered in the counties where there are no clergymen to appoint two discreet persons to perform the marriage on a license obtained from the governor and on bond and security. Bradford is not acquainted with the different rules in all the different governments but he draws the conclusion that the rules as laid down by law were strictly to be observed or the marriage was not considered valid. A certification follows, dated April 1, 1796, stating that Bradford was an attorney admitted and practicing in Pennsylvania and Virginia. This certification is signed by John O'Brien, George Hyde, Josef Rabb, R(obert) Jackman, Jr., Rob(er)t Simpson and Leonard Bowman. A Spanish translation of this by Duforest follows. (Rabb is copied as Jesse Robb in this translation).

A.D.S. (English with Spanish translation)

--------
(1796)
Vousden, William
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

Vousden presents as evidence the certifications in English and the translations at page 39, his documents pages 33, 35, 37, 54 and 67, the document of Bradford and its translation, asking that they be ratified by the judge.

D.S. (Spanish)

--------
1796 Apr. 11

Hassett, Father Thomas
New Orleans, (Louisiana)

The documents are to be received and ratified as petitioned.

D.S. (Spanish)

--------
1796 Apr. 12

Ximenez, Carlos
New Orleans, (Louisiana)

Juan Rabb, age 22, Roberto Jackman, Jr., age 22, Roberto Simpson, age 30, Leonardo Bowman, age 33, and David Bradford, age 40, appear (in succession) before Hassett and swear that their signatures on Bradford's testimony are authentic and that the statements are true. (Each one signs his individual testimony).

D.S. (Spanish)

--------
(1796)

Vousden, William
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

Vousden asks that (Hassett) order Alex(an)dro Fulton, resident of this city, to swear that he had known and dealt with David Bradfort as an attorney in Virginia and Pennsylvania and that he had been recognized by the Supreme Courts of these states.

D.S. (Spanish)

--------
1796 Apr. 13

Hassett, Father Thomas
New Orleans, (Louisiana)

The petition is granted.

D.S. (Spanish)

--------
1796 Apr. 13

Fulton, Alex(ande)r
New Orleans, (Louisiana)

Fulton swears that Bradford was an attorney in Virginia and Pennsylvania in accordance with the English law, exercising these faculties publicly and that he (Fulton) has used Bradford's services several times for his own business.

D.S. (Spanish)

--------
(1796)

Vousdan, William
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

Vousden presents the final plea for annulment and sums up the evidence in his favor.

D.S. (Spanish)

--------
1796 Apr. 23

Hassett, Father Thomas
New Orleans, (Louisiana)

(The above) is accepted in conclusion and is to be given over (to Walsh).

D.S. (Spanish)

--------
(1796)

Walsh, Father Patricio
(New Orleans, Louisiana)

to (Father Thomas Hassett)
(New Orleans, Louisiana)

In accordance with former testimony Walsh asks Hassett to declare the marriage valid.

D.S. (Spanish)

--------
1796 May 9

Hassett, Father Thomas
(New Orleans, Louisiana)

The proceedings are brought before him.

D.S. (Spanish)

--------
1796 May 31

Hassett, Father Thomas
(New Orleans, Louisiana)

The bishop having returned to the city, the proceedings are to be returned to him.

D.S. (Spanish)

--------
1796 July 11

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

In order to pass better judgement Vousden is to appear for questioning.

D.S. (Spanish)

--------
(1796)

Ross, David
(New Orleans, Louisiana)

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

Vousden asks for a prompt decision.

D.S. (Spanish)

--------
1796 Jul. 11

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

Judgment is to [?]be passed in this court.

A.D.S. (Spanish)

--------
1796 Aug. 11

Vousda[e]n, William
New Orleans, (Louisiana)

Vousdan swore that,
1) for marriage in Natchez, under British rule it was necessary for the governor of Pensacola, of which Natchez was a dependency, to give a license to the minister of the Gospel or if there was none, to a justice of the peace, with security, but Vousdan knows nothing of the form of ceremony because he never witnessed one,
2) as to whether there were any ministers of the Gospel in Natchez, Guillis was there about nine months but had not exercised his ministry because of drunkenness and Dr. Samuel Swaesey, a Presbyterian, was there,
3) Dr. Samuel was there when Vousdan took over the execution of Jesse Lum's estate,
4) he knew that before Dr. Samuel came to Natchez, hutchins used to perform marriages by order of the government of Pensacola but he did not know whether he did so afterwards,
5) Hutchins' statement on page 39 that he married Vousdan and Mrs. Lum is false for reasons of enmity; Hutchins was not authorized by the government of Pensacola to perform such marriages and there was no such ceremony; one day Mrs. Hutchins told Vousdan that his living at the Lum house was suspicious and that she could not visit there unless he married Mrs. Lum; that it would not be inadvisable for her to pass for his wife, so from that time on she called herself Mrs. Vousden; this proposal was made at the end of '77 or the beginning of '78 and lasted three years until she ran off with another man,
6) (Ross) Rodoss used the word "ceremony" because neither Vousdan nor Ross knew the Spanish language,
7) Only Hutchins, his wife, Ana Lum, and Vousdan were present when the above proposal was made,
8) he believes Hutchins is an Anabaptist, he has heard him speak indifferently about all religions and only one of his daughters is baptised,
9) Ana Lum had no religion and when he asked her to have Lum's two children baptised she did not do so,
10) no children were born in the three years he lived with Ana Lum,
11) he is a Roman Catholic as were his family,
12) an act of the British parliament ordered marriages of Protestants to be performed by ministers of the Gospel and those of Catholics with Protestants either by a Catholic priest or by a minister of the Gospel,
13) all marriages were recorded but his was not.

D.S. (Spanish)

--------
1796 Aug. 13

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

The evidence is to be studied to determine what is just.

A.D.S. (Spanish)

--------
1796 Aug. 19

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

Having viewed the evidence, Penalver declares that there is no evidence of a contract between Vousdan and Ana Lum and consequently Vousdan is declared free and single. This decree is to be made public, a copy is to be sent to the pastor of Natchez. Vousdan is to pay the costs.

D.S. (Spanish)

--------
1796 Aug. 21

Bermudez, Fran(cis)co
New Orleans, (Louisiana)

The expenses in the case are to be paid by Vousdan. The total is 138 pesos 7 reales.

D.S. (Spanish)

--------
1796 Aug. 22

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

to Father Francis Len(n)an
Natchez, (Mississippi)

A copy of the bishop's decree of (August 19) declaring Bousdan's [Vousdan] civil contract of matrimony to be null is sent in this letter. Lennan is to notify Mrs. Lum.

D.S. (Spanish)

--------
1796 Sep. 5

Lennan, Father Fran(cis)co
Natchez, (Mississippi)

Lennan went to the home of Ana Lum and informed her of the above decree in the presence of Mauricio Flackpot(?) and Vandelino Biroth.

A.D.S. (Spanish)

--------
1796 Sep. 17

Lennan, Father Fran(cis)co
Natchez, (Mississippi)

Ten days have passed and Ana Lum has not appealed.

A.D.S. (Spanish)

--------
1796 Sep. 18

Lennan, Father Fran(cis)co
Natchez, (Mississippi)

Lennan returns the proceedings to Penalver.

A.D.S. (Spanish)

--------
1797 Feb. 27

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

Yesterday Penalver received a letter dated January 21 from the Commandant of Opelousas, Martin Duxaldi, with a package containing the judgment passed in the Vousden case which the commandant said he had delayed until now for lack of opportunity. It is to be added to the proceedings of the case.

D.S. (Spanish)

--------
1797 Feb. 28

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

The secretary is to certify whether any appeal has been made against the decree of August 19, 1796.

D.S. (Spanish)

--------
1797 Feb. 28

Quintero, Father Isidro
New Orleans, (Louisiana)

Quintero certifies that up to this date he has received no appeals against the decree.

A.D.S. (Spanish)

--------
1797 Mar. 2

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

Vousdan is to be notified of the decree of August 19, 1796. Quintero certifies this and adds in a note that he sought for Bousdan [Vousdan] and was told that he was in Natchez.

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#2
I know this is long, but in here is the implication that the Catholic church was willing to tolerate a limited communicatio in sacris with respect to the marriage of Catholics in Protestant countries before a justice of the peace or before a Protestant minister.
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