José Manuel Silva

José married María Josefa Silveria Sánchez, daughter of Diego Antonio Sánchez and Ana María Álvarez del Castillo, on 15 Jan 1780 in Tomé, Nuevo Méjico, Nueva España.³⁴ (María Josefa Silveria Sánchez was born in 1762 in Belén, Nuevo Méjico, Nueva España.)

  Noted events in their marriage were:

• Diligencia Matrimonial: ⁴³⁸
José Manuel Silva and María Josefa Silveria Sánchez, Isleta, 14 Apr 1778 ~ 13 Mar 1770

José Manuel Silva, 18, was the legitimate son of Juan Francisco Silva and Latgarda de la Luz Lucero, españoles and citizens of the puesto of Tomé in the jurisdiction of Alburquerque. María Josefa Silveria Sánchez, 16, was the legitimate daughter of Diego Antonio Sánchez and María Alvarez del Castillo, españoles and citizens of Belen in the jurisdiction of the mission of San Agustín de Isleta.

Silva's petition to fray Joaquín de Jesús Ruiz indicated that the couple was said to be related in the fourth degree of consanguinity. The matter was revealed because José wished to avoid the scandal and infamy attached to his ancestors's earlier actions. On 15 Apr 1778 Alburquerque notary Manuel de Arteaga, on orders of Fray Andrés García, went to María Josefa Silveria Sánchez house. She stated she had heard it said that they were not related, although some people said they were not.

Witnesses: Fernando Chaves, 58, stated that the couple was not related in prohibited degree becuase his father, Nicolás Chaves, had told him numerous times that he lived with the knowledge that "Gertrudis and Nicolás, your brother and sister, are not my children. When I married your mother, she already had those two." Gertrudis, José Manuel Silva's grandmother, was not the daughter of Nicolás Chaves. Therefore the couple was not related.

Juan Cristóbal Sánchez, a retired captain, stated that he knew the couple and that Bernardo Chaves was his Father-in-law. He knew the couple was not related as had been said because Bernardo and his brothers said that Gertrudis Chaves, grandmother of José Manuel Silva, was neither a Chaves nor a daughter of Nicolás Chaves; rather she was the daughter of Nicolás's wife. When Nicolás and his married, she already had two children, Nicolás and Gertrudis, the children of another man. He stated that he had heard Bernardo Chaves say many times to his father Nicolás Chaves, especially when they were angry, that Nicolás Chaves and his wife were the legitimate parents of Bernard Chaves, but other people said that Gertrudis was a Chaves.

Antonio Baca, 60, alcalde mayor of Alburquerque, stated that the petitioner's grandmother, Gertrudis Chaves, was neither a Chaves nor a daughter of Nicolás Chaves; rather she was the daughter of Nicolás Chaves's wife. When Nicolás Chaves married, his wife already had two children, Nicolás and Gertrudis.

Antonio Chaves, 60, alias El Largo, stated that the couple was not related. His father, Nicolás Chaves, had had a son named José by Juana Montaño before he married her, but after he had left New Mexico. When he returned he found that Juana Montaña had given birth to another son, Nicolás, and that she was pregnant with Gertrudis, grandmother of José Manuel Silva. Antonio stated that when he returned to New Mexico, the justicia forced Nicolás Chaves to mary Juana Montaño. Antonio declared that his father, Nicolás Chaves, had told him these facts many times. He had asked his mother, Juana Montaño, whether she certain that the two children, Nicolás and Gertrudis, were not Nicolás Chaves's children, and she responded to him that they were not, but were the children of a decent man named Urbán

Witnesses: Ignacio Baca, about 60, citizen of the puesto of Tomé, and a contemporary of Nicolás Chaves, stated that he had known both Juana and Nicolás prior to their marriage. He was not sure how long Nicolás had been away following the birth of his first child by Juana and before the justicia required them to marry or whether that period had been continuous or interrupted by his occasional return. He was neither certain nor had he heard it said, but thought his absence had been long enough and continuous. He did not know when Juana had given birth to Gertrudis or when Nicolás had returned. He did not know the justicia's reason for forcing Nicolas and Juana to marry. Fially, he stated that he had been present when Nicolás made his final will and that Nicolás's children opposed giving anything to Gertrudis because they knew she was not his daughter.

José Marcelo Gallego, aboout 50, a citizen of Nuestra Señora de Guadalupe de los Chaves, had not known Juana and Nicolás before their marriage. He did not know how long Nicolás had been absent from New Mexico or whether he had been away continuously. He did not know when Gertrudis was born. He stated that he did not know why the justicia had obliged Nicolás and Juana to marry. Finally, he knew that Nicolás had considered Gertrudis as a legaitimate heir, the same as the other children, although in his final disposition Nicolás did not wish to name her an heir like his other children. Fray Agustín de Iniesta knew what dispositions were being made and said that if Nicolás did not declare the reason for disinheriting his daughter he could not administer the sacraments to him. With that Nicolás Chaves had decided that the daughter would be an heir. Gallego added that he had written the final will of Nicolás de Chaves.

Juan Candelaria, 84, resident of Alburquerque, had known Nicolás and Juana before they married and the Nicolás's promise to marry Juana Montaña had led to her becoming pregnant. Nicolás believed she had had other motives and had been unfaithful, so he had left the area. Juana had attempted to get word to him of her condition so that he would return. Juana's brother had taken matters into his own hands, bringing Juana before the governor, who insisted that she and Nicolás marry, which they did. Nicolás never recognized José, the son born before they married, but he did accept Gertrudis.

In Alburquerque of 27 May 1778, fray Andrés García sent the new declarations to Father Vélez de Escalante for his consideration.

After an apparent delay, in December 1778, José Manuel Silva requested a dispensation from the bishop of Durango. On 28 December fray Andrés García forwarded José Manuel's petition. He also interviewed Silva about the impediment caused by the supposed relationship in the fourth degree of consanguinity. José Manuel stated that it was impossible to find another party of the same quality in New Mexico and that, having given his word that they would marry, he had had carnal relations with her and she was pregnant. He admitted that he had sexual relations with María Josefa with the idea of facilitating a dispensation. María Josefa was delicate and believed that her intended would marry her if they had sexual relations. He thought that if she became pregnant it would assist in achieving the required dispensation. He stated that he did not know that he had made matters worse and that initially no one had known they had sexual relations.

Witnesses: Testifying again, José Marcelo Gallego, 50, stated that it would be difficult for Silva to find another person of quality equal to his intended who was not a relative, because in New Mexico everyone was related.

José Apodaca, 54, citizen of Alburquerque, stated that it would be difficult for Silva to find another person to marry in New Mexico because almost everyone was related and those who were not were of "low quality."

On 11 Feb 1779 in Santa Fe, fray Juan José de Hinojosa reccommended granting a dispensation and forwarded the proceeding to Vicar Rivera, who passed them to Father Domínguez for his opinion. On 12 Mar 1779, he stated that he supported the granting of a dispensation. On 13 Mar 1779, Rivera granted the dispensation, admonishing the couple for the sin of incest and directing them to perform an act of public penance. On the day they were to receive their nuptial blessing, they were to hold black candles in their hands during mass. Afterwards, they were to prostrate themselves and kiss the celerant's feet. Kneeling on the top step of the high altar, with their arms spread in the form of a cross, they were to pray aloud the estación mayor to the Blessed Sacrament with as much devotion as possible, praying to God for the welfare of the church, for its supreme head, for the blessed souls in purgatory, for the success of the Spanish monarchy, and for the present public needs and temporal goods. If they accepted this penance, the marriage was to go ahead.

~New Mexico Prenuptial Investigations From the Arcivos Históricos de Arzabispado de Durango, 1760-1799. pp. 38-41