“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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INTRODUCTION IN EARLY 1828, A FRENCH MERCHANT NAMED JUAN MANUEL FERRER APPEARED before the courts in Montevideo requesting that the assets of his partner, Pedro Francisco Berro, be seized. Around the tribunal, war raged over the fate of the Banda Oriental, roughly the present-day nation of Uruguay. The Banda was a former Spanish frontier province and at that moment part of the Brazilian empire. When Ferrer brought his case, however, Brazilian control did not extend beyond Montevideo’s walls. Outside of the capital, Uruguayan rebels and their allies from the Argentine Confederation held control over most of the countryside. With them was Pedro Berro. Upon learning that Ferrer intended to seize two properties located on the other side of the front, Berro drafted a letter to the court claiming that Ferrer, “a foreigner,” who had “only by chance found himself under the guarantees of the Imperial Government,” was seeking to force him to “appear before authorities that do not pertain to me.” 1 Ferrer responded that “regardless of the state of war between the empire and the Argentine Republic, I would have submitted my claim before this same tribunal and issued summons to the Justices of said Republic so that they would compel the appearance of Argentine Citizen Don Pedro Francisco Berro” in Montevideo. Ferrer further contended that the war made filing the case in Montevideo even more appropriate. He argued that because of the siege, it was as if Berro had “become a vassal of the Great Sultan and had established his domicile in Constantinople.” It would be foolish to require him to chase “the goods that the new Muslim vassal [Berro]” had left behind in Montevideo throughout the rebellious countryside. Ferrer could only hope to                                                          1 D. Juan Manuel Ferrer c. D. Pedro Francisco Berro, AGN-SJ. Montevideo. Civil: 1º Turno, F-6 (1828), 28-28bis. For a full list of the archives consulted and the abbreviations used for them throughout the footnotes in this dissertation, please see the bibliography. 1   
Page 1 and 2: “MONSTROUS AND ILLEGAL PROCEEDING
Page 3 and 4: ABSTRACT This dissertation explores
Page 5 and 6: TABLE OF CONTENTS ABSTRACT iii ACKN
Page 7 and 8: ACKNOWLEDGEMENTS Like the wandering
Page 9: Upon returning to the United States
Page 13 and 14: Juan Manuel de Rosas and Facundo Qu
Page 15 and 16: By moving between stories of law an
Page 17 and 18: in the continental interior. They d
Page 19 and 20: the fluid character of borderlands
Page 21 and 22: and geographic conceptions. Extendi
Page 23 and 24: local legal norms and practices in
Page 25 and 26: that has greatly expanded the space
Page 27 and 28: along rivertine trading corridors.
Page 29 and 30: strains articulated by men like Art
Page 31 and 32: Bringing the courts back into the s
Page 33 and 34: of borderlands leaders to negotiate
Page 35 and 36: Removing the old colonial order, ho
Page 37 and 38: the city remained a sparsely popula
Page 39 and 40: smugglers and other imperial outlaw
Page 41 and 42: Imperial Collapse and Fragmentation
Page 43 and 44: ivers, deserts and a few vagrant an
Page 45 and 46: defend its possessions, peninsular
Page 47 and 48: They requested that the Junta appoi
Page 49 and 50: manufactured products for the Andea
Page 51 and 52: The Paraguayan government proposed
Page 53 and 54: Montevideo in January of 1811, he i
Page 55 and 56: Ríos. From there, he continued to
Page 57 and 58: easoning. 25 They had rejected the
Page 59 and 60: military headquarters along the ban
Page 61 and 62:
sovereignty rooted in borderlands p
Page 63 and 64:
Artigas’ defeat did not spell the
Page 65 and 66:
economy. By 1822, the powerful merc
Page 67 and 68:
universal laws that would further r
Page 69 and 70:
Pedro abdicated the throne in 1831,
Page 71 and 72:
CHAPTER 2 THE (RE)EMERGENCE OF BORD
Page 73 and 74:
operate throughout the borderlands
Page 75 and 76:
and staple exports instead of the o
Page 77 and 78:
Ríos in particular witnessed a dra
Page 79 and 80:
goods as far north as the cities of
Page 81 and 82:
simmering struggles. By 1840, local
Page 83 and 84:
merchants, traders and landowners.
Page 85 and 86:
earning the faction’s colorado ti
Page 87 and 88:
Guarch’s deal with Carvalho revea
Page 89 and 90:
web of reciprocal relationships tha
Page 91 and 92:
the border in Brazil. In this way,
Page 93 and 94:
In short, over the course of a deca
Page 95 and 96:
that he had employed to first arran
Page 97 and 98:
opposite direction from Porto Alegr
Page 99 and 100:
Pinto sought to have the property d
Page 101 and 102:
dealings with Vázquez and the Carv
Page 103 and 104:
Ríos or by ship to Montero’s out
Page 105 and 106:
alliances with the blancos to open
Page 107 and 108:
connections up and down the river t
Page 109 and 110:
With his money now in limbo and his
Page 111 and 112:
honorable merchant. His associates
Page 113 and 114:
meant more than establishing a docu
Page 115 and 116:
Uruguaiana and Salto. 80 Chaves and
Page 117 and 118:
complex laws “that they only unde
Page 119 and 120:
were considered suspect, particular
Page 121 and 122:
status. Public recognition of one
Page 123 and 124:
They reasoned that “one has to re
Page 125 and 126:
unanimous and respected testimony o
Page 127 and 128:
powerful figures like Urquiza, depe
Page 129 and 130:
CHAPTER 3 SOVEREIGN CONFLICTS THE R
Page 131 and 132:
conflicts between peripheral ranche
Page 133 and 134:
further agreed to provide payments
Page 135 and 136:
Sosa almost immediately responded.
Page 137 and 138:
funds, the imperial government took
Page 139 and 140:
Throughout the early 1830s, the Uru
Page 141 and 142:
Fernandes Braga, the provincial pre
Page 143 and 144:
Frustrated by the lack of progress,
Page 145 and 146:
cataloguing illegal property confis
Page 147 and 148:
also provided prominent local elite
Page 149 and 150:
As the 1850s dawned, the persistent
Page 151 and 152:
traffic along the Uruguay. Rosas fi
Page 153 and 154:
would order, they intend to be resp
Page 155 and 156:
economic and political relationship
Page 157 and 158:
fed back into broader political dis
Page 159 and 160:
advance their visions for a new nat
Page 161 and 162:
Estado Oriental and had fought at C
Page 163 and 164:
Brazilian officials opened secret n
Page 165 and 166:
The 1855 occupation reinvigorated e
Page 167 and 168:
end political violence in the inter
Page 169 and 170:
important) but also dealt with defi
Page 171 and 172:
Ribeiros, Prado Lima possessed land
Page 173 and 174:
move to Alegrete were unclear. Duri
Page 175 and 176:
verification of filings in his foru
Page 177 and 178:
“intimate friend and relative.”
Page 179 and 180:
men. They were capable of protectin
Page 181 and 182:
Nolasco and Vianna responded that t
Page 183 and 184:
in 1834. Joaquim dos Santos Prado L
Page 185 and 186:
Vital de Oliveira, securing his ele
Page 187 and 188:
controlled the appointment of distr
Page 189 and 190:
military control. By engaging in th
Page 191 and 192:
faction’s strength. In particular
Page 193 and 194:
mattered greatly to their own power
Page 195 and 196:
the parties and the public, with ea
Page 197 and 198:
matter, he was an outsider. Tristan
Page 199 and 200:
Tristani then attempted to attack h
Page 201 and 202:
litigation in Alegrete, questions o
Page 203 and 204:
throughout the country that his wor
Page 205 and 206:
his wife. He claimed that she “wa
Page 207 and 208:
and the titles of each litigant in
Page 209 and 210:
judgment declaring their rival’s
Page 211 and 212:
CHAPTER 5 POLITICAL POWER AND PROPE
Page 213 and 214:
property of Joaquim dos Santos Prad
Page 215 and 216:
acknowledged by both court and poss
Page 217 and 218:
Paulo, Sá Brito was one of the few
Page 219 and 220:
Teixeira claimed that Prado Lima ha
Page 221 and 222:
the trial court’s judgment. The c
Page 223 and 224:
lands in question in 1833. The cour
Page 225 and 226:
The appearance of testimony by Prad
Page 227 and 228:
of cattle from the da Silva’s lan
Page 229 and 230:
[Lima] contracted with an untrained
Page 231 and 232:
that department, Colonel Diego Lama
Page 233 and 234:
vizinho” in Alegrete’s courts o
Page 235 and 236:
Brigadier Don David Canavarro . . .
Page 237 and 238:
assistance, Garces won her case aga
Page 239 and 240:
Brazil. Berro ended a decade of fre
Page 241 and 242:
coexistence of these provincial and
Page 243 and 244:
Urquiza’s efforts to placate his
Page 245 and 246:
and elites now supported Urquiza’
Page 247 and 248:
province within the national framew
Page 249 and 250:
porteño cavalry at Cepeda and Pav
Page 251 and 252:
The correntino merchants responded
Page 253 and 254:
assembling witnesses (in this case,
Page 255 and 256:
etween himself and Abendaño, howev
Page 257 and 258:
complete the exchange, however, Bic
Page 259 and 260:
side sought to dictate the distribu
Page 261 and 262:
Bica had used commercial and politi
Page 263 and 264:
The incident also revealed how impe
Page 265 and 266:
positioned the Ribeiro faction to g
Page 267 and 268:
Borderlands inhabitants in the earl
Page 269 and 270:
neatly encapsulated the ongoing con
Page 271 and 272:
for Brazilian ranchers. In the best
Page 273 and 274:
anchers operating throughout the bo
Page 275 and 276:
Brazilian slave laws followed them
Page 277 and 278:
familial connections on the Brazili
Page 279 and 280:
defined their respective places in
Page 281 and 282:
supply his troops. 26 By the time o
Page 283 and 284:
Brazilian masters that resulted in
Page 285 and 286:
pursue further rights. They would p
Page 287 and 288:
in the Estado Oriental. At the hear
Page 289 and 290:
was also a personal enemy of Canaba
Page 291 and 292:
part of a broader narrative of conf
Page 293 and 294:
anything, Orientales.” 56 Gomez
Page 295 and 296:
anchers, like that of local Uruguay
Page 297 and 298:
“complete proof of oriental natio
Page 299 and 300:
Uruguayan notaries. These included
Page 301 and 302:
Republic over issues of rivertine t
Page 303 and 304:
his cattle in 1858. 79 Recall also
Page 305 and 306:
of warfare in the borderlands furth
Page 307 and 308:
In effect, he hoped to exchange loy
Page 309 and 310:
guarantee their commercial relation
Page 311 and 312:
governments in Montevideo and Brazi
Page 313 and 314:
nineteen in the provincial militia
Page 315 and 316:
authority to contain the more radic
Page 317 and 318:
captured the city of Corrientes. To
Page 319 and 320:
Urquiza struggled to reorganize his
Page 321 and 322:
attle in March of 1870. 29 By the e
Page 323 and 324:
The national government sent an “
Page 325 and 326:
the reciprocal trading relationship
Page 327 and 328:
splintered into “traditional” a
Page 329 and 330:
country’s ranching elites. In res
Page 331 and 332:
these absurd and unwarranted charge
Page 333 and 334:
protect “the development of those
Page 335 and 336:
police forces to better protect cat
Page 337 and 338:
conspiracies, the steady stream of
Page 339 and 340:
matter was overblown and that repor
Page 341 and 342:
CHAPTER 8 NEGOTIATING NATIONS ALTHO
Page 343 and 344:
Local Legal Practices and National
Page 345 and 346:
pointed link between the “honor
Page 347 and 348:
personal interests, Guarch’s fact
Page 349 and 350:
Guarch first sought to tip the scal
Page 351 and 352:
following the order designated by t
Page 353 and 354:
history in 1877. 24 Salto’s first
Page 355 and 356:
twenty-five peso fine. 29 Leal prom
Page 357 and 358:
serves?” 36 He continued: “Does
Page 359 and 360:
abuses “no doubt flowed from the
Page 361 and 362:
political allegiances. Within the f
Page 363 and 364:
Operating within this relationship,
Page 365 and 366:
By the dawn of the 1880s, national
Page 367 and 368:
ejected this evidence, however, fin
Page 369 and 370:
with his son-in-law Alexander da Cr
Page 371 and 372:
not only to affirm these local find
Page 373 and 374:
olster the positions of important l
Page 375 and 376:
CONCLUSION IN 1887, THE GREAT URUGU
Page 377 and 378:
elationships and secure local court
Page 379 and 380:
economies to the forces of global c
Page 381 and 382:
ARGENTINA ARCHIVES CONSULTED BIBLIO
Page 383 and 384:
PUBLISHED PRIMARY AND SECONDARY MAT
Page 385 and 386:
Cárcano, Ramón J. Guerra del Para
Page 387 and 388:
Flores, Mariana Flores da Cunha Tho
Page 389 and 390:
Lasso, Marixa. Myths of Harmony: Ra
Page 391 and 392:
Piccolo, Helga I. L. "A Política R
Page 393 and 394:
Schultz, Kirsten. Tropical Versaill
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