“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
Concordia properly belonged to Carbajal. In support of his version of events, Vidiella produced a number of prominent vecinos in Uruguaiana. This included his business associates Manuel Lopes Manjardim and José Gonçalves Vianna. Manjardim and Vianna in turn possessed substantial commercial and political connections throughout the Brazilian borderlands, operating a business in both Uruguaiana and near-by Alegrete. 70 With an array of prominent residents appearing in the proceeding, the Uruguaiana court wasted little time in entering an order declaring that the 500 patacones embargoed downriver in Concordia pertained to Carbajal. The notary in Uruguaiana registered the judgment and then it was duly verified by the Argentine counsel in the city. Armed with the notarized judgment, Vidiella returned to Concepción in order to regain his assets. He noted that the embargo had interrupted his commercial journey, blocking a number of transactions valued at over 10,000 pesos. 71 More importantly, however, it had also damaged Vidiella’s good name. Vidiella wrote to the court: “He accuses me of falsehoods and in the deductions that flow from this imputation, he dares to stain my well-deserved reputation as an honorable and judicious merchant.” 72 Vidiella claimed that he had gone to substantial expense to secure proof of his version of the commercial transaction. He now argued that the court should accept his testimony as an 70 Documents registered by Vianna in 1853 when he and Manjardim dissolved their partnership provide a glimpse into their commercial activities in Rio Grande do Sul and along the Uruguay River. Vianna indicated that the two men had established their business in Alegrete in 1835. During the Farrapos Rebellion they moved a substantial portion of their operations in Gualeguaychú, Entre Ríos. APRGS. Alegrete. Tableionato. Registros Diversos, Lançamento de uma carta de Antonio Cabrera dirigida a José Gonçalves Vianna (July 5, 1853), 24- 24bis. Following the war, they continued to maintain ties to important merchants in Uruguaiana, including Fermin Carbajal. For a description of these commercial networks, see Antonio Lopes Monjardim c. Antonio Joaquim Barbosa, e outros, APRGS. Cartório Civil e Crime. Ações Ordinárias. Alegrete, Maço 35, No. 833 (1853). 71 Expediente seguido por D. Gregorio Blanes c. D. Francisco Vidiella, 13. 72 Ibid., 12. 100
honorable merchant. His associates in Uruguaiana had publicly confirmed his standing before the tribunal there. He called upon the court “to review and read with attention the transcript [legajo] of the Uruguaiana proceeding” establishing not only his legal position, but also his good name. 73 Blanes then filed his own evidence with the commercial court in Concepción. He first claimed that the supposed “proof” produced in the Uruguaiana proceeding was irrelevant. He argued: “Señor Vidiella’s evidence constitut[es] a mere digression” in the true course of the proceeding. 74 Blanes then provided statements from his own witnesses in Concordia and Salto establishing that the 500 patacones in Vidiella’s possession did in fact pertain to Barú and was properly subject to Blanes’ embargo. In particular, Francisco Pons, the alcalde ordinario in Concordia that had ordered the embargo, offered testimony claiming that Vidiella had admitted to numerous witnesses that the money belonged to Barú. Based on the evidence of a number of honorable vecinos in Concordia, Blanes argued that the court had little choice but to award him the money in question. 75 Both Blanes and Vidiella utilized their local reputations as prominent merchants and officials in Concordia and Uruguaiana to support their claims. Interestingly, the nationality of the two men – one Uruguayan and the other Brazilian – did not enter into the entrerriano court’s discussion. Neither party suggested that it should. Rather, the Concepción court faced the task of resolving a conflict between these two networks of local witnesses linked together through rivertine trade. Moreover, it had to do so without any form of private 73 Ibid., 55. 74 Ibid., 38bis. 75 Ibid., 54-54bis. 101
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honorable merchant. His associates in Uruguaiana had publicly confirmed his standing<br />
before the tribunal there. He called upon the court “to review and read with attention the<br />
transcript [legajo] of the Uruguaiana proceeding” establishing not only his legal position, but<br />
also his good name. 73<br />
Blanes then filed his own evidence with the commercial court in Concepción. He<br />
first claimed that the supposed “proof” produced in the Uruguaiana proceeding was<br />
irrelevant. He argued: “Señor Vidiella’s evidence constitut[es] a mere digression” in the true<br />
course of the proceeding. 74 Blanes then provided statements from his own witnesses in<br />
Concordia and Salto establishing that the 500 patacones in Vidiella’s possession did in fact<br />
pertain to Barú and was properly subject to Blanes’ embargo. In particular, Francisco Pons,<br />
the alcalde ordinario in Concordia that had ordered the embargo, offered testimony claiming<br />
that Vidiella had admitted to numerous witnesses that the money belonged to Barú. Based<br />
on the evidence of a number of honorable vecinos in Concordia, Blanes argued that the court<br />
had little choice but to award him the money in question. 75<br />
Both Blanes and Vidiella utilized their local reputations as prominent merchants and<br />
officials in Concordia and Uruguaiana to support their claims. Interestingly, the nationality<br />
of the two men – one Uruguayan and the other Brazilian – did not enter into the entrerriano<br />
court’s discussion. Neither party suggested that it should. Rather, the Concepción court<br />
faced the task of resolving a conflict between these two networks of local witnesses linked<br />
together through rivertine trade. Moreover, it had to do so without any form of private<br />
<br />
73 Ibid., 55.<br />
74 Ibid., 38bis.<br />
75 Ibid., 54-54bis.<br />
101 <br />