“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
and shifting political circumstances that merchants, landowners and others faced in a context of widespread military violence. In short, local courts provided an ideal institutional venue in which peripheral inhabitants could publicly express and defend the legalities underpinning their cross-border political and commercial ties. In this way, cross-border commercial connections bolstered ideologies of local autonomy and identity, ensuring their survival in the borderlands. An excellent example of how litigants could seek to use local legal institutions to protect the rights and reputations at the heart of borderlands legalities occurred in late 1848. A ship traveling up the Uruguay River from Montevideo to Uruguaiana docked in Concordia in order to portage goods around the river’s twin saltos. Gregorio Blanes, a Uruguayan merchant from Salto, immediately appeared before the local alcalde ordinario to request that officials embargo some 500 patacones in the possession of Francisco Vidiella, a Brazilian merchant. 64 Blanes alleged that the debt stemmed from a series of transactions between himself and another merchant, Francisco Barú, “who had emigrated from this province and currently is in Uruguaiana.” Blanes stated that “being the declarant a creditor of said Señor Barú . . . he humbly requests that Your Mercy make D. Francisco Vidiella deposit with a responsible person the stated quantity of 500 patacones.” He then offered the written testimony of three vecinos of “known reputation and probity” in support of his claims to the money in question. 65 Based on the evidence from the prominent local merchants before him, the alcalde ordinario granted the embargo pending the outcome of the litigation between the two men. 66 64 Expediente seguido por D. Gregorio Blanes c. D. Francisco Vidiella, AGPER. Hacienda. Serie IX, Subserie E, Civiles. Carpeta 6, s/n (1849), 1-2bis. 65 Ibid., 2-2bis. 66 Ibid., 5bis. 98
With his money now in limbo and his commercial operations along the river in jeopardy, Vidiella had no choice but to litigate the matter. The Brazilian trader conceded that he had commercial dealings with Barú. Vidiella further testified that he had received a note from the merchant for 500 patacones. However, Vidiella averred that he had already endorsed the Barú debt over to his associate, Lorenzo Pedrales, in Montevideo. Vidiella then produced a series of documents purporting to establish that the 500 patacones now in his possession in fact belonged to another merchant, Fermin Carbajal. He also noted that he was “a transient in this town.” The pending litigation threatened to impose substantial costs on himself and his business. 67 He demanded the release of his money. He claimed that “neither myself nor my interests should have to suffer harms merely because it suits Señor Blanes to be mistaken or because it suits his interests to confuse my payment [to Carbajal] with a debt [Blanes] should seek exclusively from Señor Barú.” 68 As an admitted outsider in Concordia, Vidiella appeared outgunned in the forum. Rather than attempt to fight Blanes’ local network of vecino witnesses directly, Vidiella employed a number of tactics to introduce the testimony of his own local allies into the rival forum. This set the stage for a potential conflict between two courts in two countries linked together along the Uruguay River’s trading routes. He first retained Ramon Villa, a vecino from Paysandú, Uruguay, to represent him. Villa immediately sought and obtained a transfer of the proceeding from Concordia to the commercial court in Concepción. 69 Vidiella then traveled to Uruguaiana where he could employ his local commercial reputation to secure the legal proof he needed to triumph over Blanes and his allies downriver. The Brazilian merchant filed an auto de justificação seeking to establish that the embargoed assets in 67 Ibid., 3bis. 68 Ibid., 4. 69 Ibid., 8. 99
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and shifting political circumstances that merchants, landowners and others faced in a context<br />
of widespread military violence. In short, local courts provided an ideal institutional venue<br />
in which peripheral inhabitants could publicly express and defend the legalities underpinning<br />
their cross-border political and commercial ties. In this way, cross-border commercial<br />
connections bolstered ideologies of local autonomy and identity, ensuring their survival in<br />
the borderlands.<br />
An excellent example of how litigants could seek to use local legal institutions to<br />
protect the rights and reputations at the heart of borderlands legalities occurred in late 1848.<br />
A ship traveling up the Uruguay River from Montevideo to Uruguaiana docked in Concordia<br />
in order to portage goods around the river’s twin saltos. Gregorio Blanes, a Uruguayan<br />
merchant from Salto, immediately appeared before the local alcalde ordinario to request that<br />
officials embargo some 500 patacones in the possession of Francisco Vidiella, a Brazilian<br />
merchant. 64 Blanes alleged that the debt stemmed from a series of transactions between<br />
himself and another merchant, Francisco Barú, “who had emigrated from this province and<br />
currently is in Uruguaiana.” Blanes stated that “being the declarant a creditor of said Señor<br />
Barú . . . he humbly requests that Your Mercy make D. Francisco Vidiella deposit with a<br />
responsible person the stated quantity of 500 patacones.” He then offered the written<br />
testimony of three vecinos of “known reputation and probity” in support of his claims to the<br />
money in question. 65 Based on the evidence from the prominent local merchants before<br />
him, the alcalde ordinario granted the embargo pending the outcome of the litigation between<br />
the two men. 66<br />
<br />
64 Expediente seguido por D. Gregorio Blanes c. D. Francisco Vidiella, AGPER. Hacienda.<br />
Serie IX, Subserie E, Civiles. Carpeta 6, s/n (1849), 1-2bis.<br />
65 Ibid., 2-2bis.<br />
66 Ibid., 5bis.<br />
98 <br />