“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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Chaves’ homens bons – with longstanding connections to the local forum, merchants and landowners could publicly manifest and reinforce their personal reputation and connections. In this way, they enhanced their local status and with it the possibilities for further commerce. As a result, local courtrooms became critical arenas of struggle over the disparate elements of alternative borderlands legalities underpinning both factional politics and cross-border trade. The importance of publicly manifesting the webs of connections sustaining personal reputations and trading networks to obtain justice in local fora often led to substantial efforts to track down and obtain testimony from dozens of diverse witnesses. For example, the Brazilian attorney, Mathias Teixeira de Almeida, and Joaquim dos Santos Prado Lima, his political rival in Alegrete, went to great lengths to secure a series of prominent witnesses to support their respective property claims. As we will see in more detail in chapters four and five, both Teixeira and Prado Lima produced dozens of local witnesses to support their respective property rights, with the local court specifically highlighting the “age, wealth and character” of Prado Lima’s witnesses in ruling in his favor. 87 In assigning weight to this testimonial evidence, courts also frequently cited the amount of time a given witness had resided in a particular forum. Courts rested decisions on the testimony of “antiguos vecinos” on a number of occasions. 88 Conversely, recent arrivals 























































 87 Doña Francisca Oliveira Lisboa c. Joaquim dos Santos Prado Lima, APRGS. Alegrete. Cartíorio Civil e Crime. Ações Ordinários, Maço 36, No. 851 (1855), 24bis. 88 See, e.g., Expediente promovido por Don Joaquin Antonio Nuñez, como apoderado de Doña Franctia Lascano, apelando de la sentencia del Juzgado de Paz de esta sección, que obtuvo en su fabor Don Antonio Martines, sobre el mejor derecho de possesión á un terreno, AGN-SJ. Salto. Letrados Civiles, No. 8 (1850), 11bis. The court declared that a decision of the juez de paz concerning the ownership of a particular tract of land was erroneous because it contradicted the “antiguos vecinos of known probity.” Other examples from Salto include Don Francisco Caballero c. Don Joaquin Noqueira sobre propiedad de una charca, AGN. Salto. Letrados Civiles, No. 15 (1870), 10 (land ownership established through the testimony of “antiguos vecinos”); Don Francisco 
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were considered suspect, particularly if they lacked connections to local power networks. There was a certain irony in all this given that merchants, landowners and traders in the borderlands were in nearly constant motion. What became important in securing one’s status as a vecino often lay in its recognition from local elites and officials. As borderlands traders like Blanes, Vidiella and Chaves placed their faith in prominent local vecinos to police their trading relationships, these groups in turn jealously guarded their power to delineate the boundaries between insiders and outsiders in the forum. In this way, the operation of borderlands legalities further increased centrifugal tensions even as commercial relationships brought the region closer together. Consider the statements by local officials in the eastern Uruguayan city of Minas. They sought to ban Manuel Cabral from even appearing in court as a witness and legal representative. To do so, the alcalde ordinario, Bartolomé Arambillete, drafted a letter to judicial representatives in Montevideo. In it, he commented: “Señor Cabral came from Montevideo some months ago without any relation or connection to this Pueblo.” 89 Arambillete went on to note that Cabral was “not a vecino nor a citizen, but a foreigner without any known trade or way to make a living when by his age he should rightfully have one.” 90 It is interesting that the alcalde explicitly drew a distinction between Cabral’s “foreignness” and his status as a vecino. This was critical in the borderlands city given its large and powerful Brazilian population. Despite their nationality, these residents certainly possessed the requisite social standing to appear in court. The alcalde also linked credibility with economic activity in the town. In short, 























































 Caballero c. Don Joaquin Noqueira sobre propiedad de una charca, AGN. Salto. Letrados Civiles, No. 15 (1870) (land rights established based on the testimony of six “antiguos vecinos” around the Uruguayan city of Belen). 89 Alcalde Ordinario de Minas, Bartolomé Arambillete al Juez L. de lo Civil en Montevideo, AGN- SJ. Montevideo. Civil: 1º Turno, C-7 (1835), 1. 90 Ibid., 1-1bis. 
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were considered suspect, particularly if they lacked connections to local power networks.<br />

There was a certain irony in all this given that merchants, landowners and traders in the<br />

borderlands were in nearly constant motion. What became important in securing one’s<br />

status as a vecino often lay in its recognition from local elites and officials.<br />

As borderlands traders like Blanes, Vidiella and Chaves placed their faith in<br />

prominent local vecinos to police their trading relationships, these groups in turn jealously<br />

guarded their power to delineate the boundaries between insiders and outsiders in the forum.<br />

In this way, the operation of borderlands legalities further increased centrifugal tensions<br />

even as commercial relationships brought the region closer together. Consider the<br />

statements by local officials in the eastern Uruguayan city of Minas. They sought to ban<br />

Manuel Cabral from even appearing in court as a witness and legal representative. To do so,<br />

the alcalde ordinario, Bartolomé Arambillete, drafted a letter to judicial representatives in<br />

Montevideo. In it, he commented: “Señor Cabral came from Montevideo some months ago<br />

without any relation or connection to this Pueblo.” 89 Arambillete went on to note that Cabral<br />

was “not a vecino nor a citizen, but a foreigner without any known trade or way to make a<br />

living when by his age he should rightfully have one.” 90 It is interesting that the alcalde<br />

explicitly drew a distinction between Cabral’s “foreignness” and his status as a vecino. This<br />

was critical in the borderlands city given its large and powerful Brazilian population. Despite<br />

their nationality, these residents certainly possessed the requisite social standing to appear in<br />

court. The alcalde also linked credibility with economic activity in the town. In short,<br />

























































<br />

Caballero c. Don Joaquin Noqueira sobre propiedad de una charca, AGN. Salto. Letrados Civiles, No.<br />

15 (1870) (land rights established based on the testimony of six “antiguos vecinos” around the<br />

Uruguayan city of Belen).<br />

89 Alcalde Ordinario de Minas, Bartolomé Arambillete al Juez L. de lo Civil en Montevideo, AGN-<br />

SJ. Montevideo. Civil: 1º Turno, C-7 (1835), 1.<br />

90 Ibid., 1-1bis.<br />


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