“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
premised on cross-border trade and vecindad. Over the course of the 1830s, these clashes would escalate into full-scale civil war. Consider the case of João de Silva Tavarez. Throughout the 1820s, Tavarez had established a prosperous ranching operation that stretched across Rio Grande do Sul and into the Cisplatine Province. He used his wealth and position to gain a judicial office, becoming juiz de direito in the borderlands city of Herval near the Uruguayan frontier. Tavarez saw his ranching operations ruined during the 1825 war. He later wrote that “he [had] lost all of his cattle, animals (horses and bulls) and some slaves . . . that he [had] possessed in that province [of Uruguay].” 3 In order to recover from his losses, Tavarez almost immediately began to rebuild his ranching operations in the new Estado Oriental. Following the war, he reconstructed his original ranch in the Uruguayan department of Cerro Largo. He further began expanding his commercial activities throughout the borderlands in the early 1830s by entering into several contracts to move cattle across the border into Brazil. In short, Tavarez turned to the same tactics as men like Guarch, Lemos Pinto and Urquiza to develop cross-border commercial ties and local allegiances. Tavarez’s cross-border operations, however, came into conflict with efforts to enforce new national divisions and identities during a legal dispute in the Cerro Largo and Montevideo courts. 4 The proceeding arose out of a disagreement between Tavarez and Tomas Sosa over a sale of land and cattle located along the Brazilian border in 1832. Sosa agreed to sell his ranch in Cerro Largo to Tavarez. In exchange, Tavarez promised to market both men’s cattle located on the property across the border in Brazil. Tavarez 3 Leitman, Raízes, 106, citing Jornal do Commercio, vol. XI, n. 3, p. 2 (January 4, 1837). 4 D. Juan Pineda en representación de D. Juan de Silva Tavarez, solicitando que D. Tomas Souza y su esposa Doña Maria Montiel, comparezcan á formalizar sus demandas, según se les ordenó por el Alcalde Ordinario de Cerro Largo, AGN-SJ. Montevideo. Civil: 1º Turno, S-15 (1835). 122
further agreed to provide payments to Sosa in consideration for the original land deal. In short, the transaction mirrored many cross-border commercial agreements established during this period. Tavarez leveraged his personal connections in Brazil to facilitate a land sale in the Uruguayan Republic. Problems arose with the contract in 1835 when Tavarez allegedly refused to make any additional payments. Sosa’s wife, Maria Montiel, appeared before the alcalde ordinario in Cerro Largo to demand payment. According to Sosa’s petition, the local judge interpreted Montiel’s petition as a request to rescind the entire contract. This effectively permitted Tavarez to avoid payment. When Tavarez attempted to remove several thousand head of cattle across the border to Brazil, Sosa filed an action to embargo the allegedly stolen goods and other assets in the Montevideo courts. In doing so, he directly confronted local officials who appeared sympathetic to Tavarez’s position. The petition also implicitly challenged the local court’s conclusion that Tavarez represented a credible insider in the town, worthy of trust regarding the transaction. Local leaders in Cerro Largo responded by accusing Sosa of violently assaulting Tavarez’s properties. Ramon Montero, a juez de paz in the borderlands department, wrote the court in Montevideo and alleged that Sosa: went to the [his] old property, but currently Tavarez’s, with some eight men (the better part of them armed), his wife and some slaves, and despite presenting an order to him from the juez de paz so that he not interfere nor perturb Tavarez’s men, he ignored it and forcibly took possession of one of the ranch houses where he left his wife and three armed men and several Blacks that he took from the settlement. 5 Sosa disputed the allegations that he had invaded Tavarez’s property. Rather, he painted a picture of local officials all to willing to permit Tavarez to abscond with his assets across the border to Brazil. He commented: “Tavarez, by means of his so very active allies and in 5 Ibid., 66. 123
- Page 81 and 82: simmering struggles. By 1840, local
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further agreed to provide payments to Sosa in consideration for the original land deal. In<br />
short, the transaction mirrored many cross-border commercial agreements established<br />
during this period. Tavarez leveraged his personal connections in Brazil to facilitate a land<br />
sale in the Uruguayan Republic.<br />
Problems arose with the contract in 1835 when Tavarez allegedly refused to make<br />
any additional payments. Sosa’s wife, Maria Montiel, appeared before the alcalde ordinario in<br />
Cerro Largo to demand payment. According to Sosa’s petition, the local judge interpreted<br />
Montiel’s petition as a request to rescind the entire contract. This effectively permitted<br />
Tavarez to avoid payment. When Tavarez attempted to remove several thousand head of<br />
cattle across the border to Brazil, Sosa filed an action to embargo the allegedly stolen goods<br />
and other assets in the Montevideo courts. In doing so, he directly confronted local officials<br />
who appeared sympathetic to Tavarez’s position. The petition also implicitly challenged the<br />
local court’s conclusion that Tavarez represented a credible insider in the town, worthy of<br />
trust regarding the transaction.<br />
Local leaders in Cerro Largo responded by accusing Sosa of violently assaulting<br />
Tavarez’s properties. Ramon Montero, a juez de paz in the borderlands department, wrote<br />
the court in Montevideo and alleged that Sosa:<br />
went to the [his] old property, but currently Tavarez’s, with some eight men<br />
(the better part of them armed), his wife and some slaves, and despite<br />
presenting an order to him from the juez de paz so that he not interfere nor<br />
perturb Tavarez’s men, he ignored it and forcibly took possession of one of<br />
the ranch houses where he left his wife and three armed men and several<br />
Blacks that he took from the settlement. 5<br />
Sosa disputed the allegations that he had invaded Tavarez’s property. Rather, he painted a<br />
picture of local officials all to willing to permit Tavarez to abscond with his assets across the<br />
border to Brazil. He commented: “Tavarez, by means of his so very active allies and in<br />
<br />
5 Ibid., 66.<br />
123 <br />
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