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Benjamin Hanks (1811 - abt. 1847)

Benjamin Hanks aka Hanes
Born in St. Martinville, Orleans Territory, United Statesmap
Ancestors ancestors
Husband of — married 18 Aug 1834 (to about 1847) in Lafayette Parish, Louisiana, United Statesmap
Father of
Died about at about age 35 in Louisiana, United Statesmap [uncertain]
Profile last modified | Created 26 Jun 2016
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Biography

Benjamin Hanks is related to US President Abraham Lincoln. Here is the trail.

Benjamin Hanks was born in 1811 in St. Martinville, a town in the southwest of the "Orleans Territory" (now state of Louisiana) of the U.S. His parents were Charles Hanks and Christine Hargrave.[1] He was the fifth son and the middle child of thirteen children. The family lived in or near St. Martinville until after 1820, when they moved to St. Landry Parish. In 1810 he was counted with his parents in "Attakapas," Orleans Territory, United States.[2] In 1820 they were probably in the same location, after statehood designated as St. Martin Parish, Louisiana, United States.[3]

Benjamin Hanks married Rachel Abshire (b.1813) in Lafayette, Louisiana on August 12, 1834.*[4] [5][6][7]

Known children:
  1. John Hanks (c.1837)[8] (m. Marie Nathalie Jeanquin)[9]
  2. Allen Hanks (c.1840-1861)[10][11]
  3. Johanna Hanks (c.1842)[12] [13][14]

In 1850 Benjamin's wife and three children were living with her parents and without him, in Vermilion Parish, Louisiana. "Ellen" was probably Allen, a male.[15]

Due to his wife and children's return to Rachel's parents' home in 1850, Benjamin Hanks appears to have died between 1843-- when his youngest child would have been conceived-- and 1850. A succession record dated 3 Aug. 1872 does not necessarily negate the theory of his death c.1847. His wife would have had a life estate in his property at his death, and there may have been no need to open his succession until 1872.[16]

Research Notes

*1824 Marriage Date Transcription Error

Concerning that 1824 marriage date: If the relevant birth, baptism, and wedding dates were correctly transcribed, the groom would have been 13 and the bride 11 in 1824. Canon law states:
Can. 1083 §1. A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.[17]
Benjamin was Catholic, but Rachel was not (until 1834). This would have been a reason for their marriage in the courthouse instead of the church. On the other hand, it was common for couples to marry first in the courthouse and later to have a church blessing. Such a record may yet be found.
An anomaly created by the 1824 marriage date: The record states that the groom's father, Charles Hanks, was deceased. Yet the baptism record of Ralph Hanks, Charles' youngest son, states that Ralph was baptized in 1834, at age 7-- putting Ralph's birth at 1826 or 1827-- at least 3 years after the "death" of his father. A last daughter, Meliciare, was born in 1827 and baptized in 1834 as well.
A third interesting note is the record of bride Rachel Abshire's baptism:
"ABSHIRE, Rachel (Jean & Marguerite CAMARAT)
bt. 16 June 1834 at age 20 1/2 years
Spons: Jean Baptiste GUIDRY & Julienne Marie -----.
[Some of the above information is missing in the original text due to torn and missing portions of the document, however, additional information has been provided from SWLR volume 3] Fr. Laurent PEYRETTI (Laf. Ch.: v.4, p.91)."[18]
That would mean she had been married 10 years before her baptism. Church law states:
Can. 1086 §1. A marriage between two persons, one of whom has been baptized in the Catholic Church or received into it and has not defected from it by a formal act and the other of whom is not baptized, is invalid.[17]
For this reason, any non-Catholic who wanted to marry a Catholic in a Catholic church would have to be be baptized BEFORE the marriage. This could have been done in anticipation of a church wedding in 1834. As yet, no church record of the wedding has been found.
These three points, along with Mrs. Cessna's differing transcription, suggest very strongly that the 1824 marriage date was impossible and a transcription error by Fr. Hebert. 1834 is likely to have been the year of the marriage.

Sources

  1. Rev. Donald J. Hebert, Southwest Louisiana Records 1740-1900 ("SWLR"), CD #101 (Baton Rouge, LA: Claitor's Publications Division, 2001);
    HANKS, Benjamin (Charles HENX - of lower Bayou Vermillion & Christine HARTGRAVE) b. 4 April 1811, bt. 27 March 1812 Pats: Joseph HENX & Anne LEE; Mats: Benjamin HARTGRAVE & Rebecca VOLNEY; Spons: Antoine DRONET & Marie DUBOIS, wife of Donat PRIMO. Fr. Gabriel ISABEY, (S.M.Ch.: vol. 6, #1302).
  2. "United States Census, 1810", database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XH2C-4GK : 1 December 2015), Charles Hanks, 1810.
    Household Members:
    Charles Hanks, 26-45
    F, 26- 45 [Christine Hargrave]
    3 M < 10 [John, Benjamin, Thomas]
    2 F < 10 [Sarah Celeste, Anne]
    M, 10-15 [Joseph]
  3. "United States Census, 1820", database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/XHLW-PZC : 16 July 2015), Chs Hanks, 1820.
    Household Members:
    Charles Hanks, over 45
    1 F, 26-45 [Christine Hargrave]
    3 M < 10 [Nathaniel, Hilaire, Alfred]
    2 M 10-16 [Benjamin, Thomas]
    2 M 16-26 [John, Joseph]
    1 F < 10 [Melanie]
    1 F 10-16 [Anne]
  4. Thelma Abshire Cessna, Footprints of the Abshier Family in America, pt. 1 (author, 1981) p. 9;
    Marriage Record #175, dated Aug. 12, 1834, Lafayette Parish, La.
  5. "Louisiana Marriages, 1816-1906," database, FamilySearch (https://familysearch.org/pal:/MM9.1.1/F4ZS-LMQ : 4 December 2014), Benjamin Hanes and Rachel Abcher, 12 Aug 1824[sic, this date based on transcription error in Hebert's SWLR]; citing reference ; FHL microfilm 6,010,599.
  6. Hebert, SWLR CD;
    • ABSHIRE, Rachel (John ABCHER & Marie COMASOUGH) m. 12 Aug. 1824 [sic, 1834] Benjamin HANKS (Laf. CtHse: Marr. #175).
    • HANES, Benjamin (dec. Charles & Christine HARGRAVE) m. 12 Aug. 1824 [sic, 1834] Rachel ABSHIRE (Laf CtHse: Marr. #175).
  7. Multiple factors indicate Thelma Abshire Cessna got the marriage date right, and Rev. Hebert got it wrong. Benjamin and Rachel were 13 and 11, respectively, in 1824-- not of legal age to marry. The Hebert record says Benjamin's father was deceased at the time of the wedding. Yet Charles Hanks fathered two children after 1824 (otherwise you would not be reading this). Rachel Abshire's baptism at age 20 in spring of 1834, the record of which was torn and had pieces missing, implies that Rachel was born (to Jean Abshire, fils and Marguerite Comeaux) in late 1813 and was perhaps preparing for a Catholic wedding (although no church record has been found): Hebert, SWLR CD;
    ABSHIRE, Rachel (Jean & Marguerite CAMARAT) bt. 16 June 1834 at age 20 1/2 years Spons: Jean Baptiste GUIDRY & Julienne Marie -----. [Some of the above information is missing in the original text due to torn and missing portions of the document, however, additional information has been provided from SWLR volume 3] Fr. Laurent PEYRETTI (Laf. Ch.: v.4, p.91).
    No children have been found born to them until c.1837. It is therefore evident that the 1824 date of the Hebert transcription of the marriage record is an error, and should read 12 August 1834.
  8. "United States Census, 1850," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MCJ6-1CC : 9 November 2014), John Hanks in household of John Abshire, Vermilion parish, Vermilion, Louisiana, United States; citing family 11, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.).
  9. Hebert, SWLR CD;
    HANKS, Rachel (Jean & Marie Nathalie JEANQUIN) b. 11 May 1862 (Abbeville Ch.: v. 2, p. 64).
  10. "United States Census, 1860", database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MFPF-SZY : 30 December 2015), Allen Hanks in entry for Rachel Abshia, 1860.
  11. "Allan HANKS," ABSHIRE CEMETERY; VERMILION PARISH, LA; with image, Submitted by Anna Marie Silvia Hayes, June 1998, http://usgwarchives.net/la/lafiles.htm
  12. "United States Census, 1850," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MCJ6-1C8 : 9 November 2014), Johanna Hanks in household of John Abshire, Vermilion parish, Vermilion, Louisiana, United States; citing family 11, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.).
  13. "United States Census, 1860", database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MFPF-SZB : 30 December 2015), Joanna Hanks in entry for Rachel Abshia, 1860.
  14. "United States Census, 1870," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/M87G-2FP : 17 October 2014), Johannah Mathew in household of Maxila Mathew, Louisiana, United States; citing p. 63, family 453, NARA microfilm publication M593 (Washington D.C.: National Archives and Records Administration, n.d.); FHL microfilm 552,033.
  15. "United States Census, 1850," database with images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MCJ6-1CC : 9 November 2014), Rachel Hanks in household of John Abshire, Vermilion parish, Vermilion, Louisiana, United States; citing family 11, NARA microfilm publication M432 (Washington, D.C.: National Archives and Records Administration, n.d.).
    Household Members:
    John Abshire, M, 68, Louisiana [Benjamin's father-in-law]
    Margaret Cameron, F, 66, Louisiana
    Rachel Abshire, F, 33, Louisiana
    John Hanks, M, 12, Louisiana
    Ellen Hanks, F, 8, Louisiana
    Johanna Hanks, F, 6, Louisiana
  16. Hebert, SWLR CD; :HANKS, Benjamin D. Succ. dated 3 Aug. 1872, citing Opelousas Courthouse (Opelousas, LA) record: Succession #3580.:
  17. 17.0 17.1 Code of Canon Law, BOOK IV: FUNCTION OF THE CHURCH (Cann. 834 - 848), PART I. THE SACRAMENTS, TITLE VII. MARRIAGE (Cann. 1055 - 1165), CHAPTER III. SPECIFIC DIRIMENT IMPEDIMENTS. Online at [1], IntraText editorial staff, Publication details, Latin - English edition, new English translation, prepared under the auspices of the Canon Law Society of America, Washington, DC 20064 Codex Iuris Canonici.
  18. Hebert, "SWLR," citing St. John Evangelist Church (Lafayette, LA) record: vol. 4, p. 91.




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DNA Connections
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