“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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

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epublic. 26 Berro’s calls for a uniform, national system of law that dispensed with exceptions for foreigners would emerge again and again in the coming decades. 27 By the late 1840s, these nationalist sentiments and economic necessities compelled Oribe to risk angering the powerful Brazilian landowners in the borderlands. Mirroring the imperial policies that had triggered the Farrapos war, Oribe first demanded tax payments for the export of cattle into Rio Grande do Sul. Frontier commanders in the northern borderlands like Diego Lamas immediately took steps to prosecute what was now contraband trade across the border. Unable to stem the flow of cattle, Oribe then prohibited their export entirely in 1848. 28 Much as the imperial government had done a decade earlier, Oribe’s measures aimed to consolidate his government’s authority over economic resources in the borderlands by seeking to enforce national divisions. They provoked a similar response from the aggrieved Brazilians throughout the western campanha. Prominent local elites began to organize large- scale raids into the Estado Oriental to seize cattle. These “californias,” in reference to the ongoing gold rush in the United States, embodied borderlands legalities premised on cross- border reciprocities and local reputations. At the most basic level, the raids violently manifested the rejection of the imposition of artificial national boundaries on what was an integrated economic space. Protecting property across the border through the california raids 























































 26 Ibid., 124. 27 For a discussion of the role of the Brazilian presence in propelling Uruguayan legal reforms forward, see Benton, "The Laws of This Country.", Susana Bleil de Souza and Fabrício Prado, "Las Representaciones del Brasil en el Discurso de Los Constructores de la Identidad Uruguaya en el Siglo XIX," in Fronteras, Indígenas y Migrantes en América del Sur, ed. Hector Hugo Trinchero (Córdoba, ARG: Centro de Estudios Avanzados, 2002). 28 Barrán, Apogeo y Crisis, 33-34. 
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also provided prominent local elites with a mechanism to enhance their own personal standing as guarantors of cross-border economic relationships. 29 Once again, borderlands courtrooms represented important arenas in which to articulate reciprocal ties. Litigation also provided a means to bolster the personal reputations of local leaders vying to protect Brazilian property rights across the border. The criminal charges against Hypolito Firio Cardoso and Cándido Figuero for allegedly organizing an incursion of over three hundred Brazilians into Uruguay in 1847 provide a good example. 30 The proceeding began with a complaint from Diego Lamas, Oribe’s blanco lieutenant. Lamas drafted a letter to Brazilian officials demanding justice for several incursions organized by Cardoso and Figuero to remove cattle from across the border. Lamas noted that “a considerable number of vizinhos of this frontier had cooperated for this end.” 31 Figuero’s inclusion is particularly interesting because he possessed commercial relationships dating back to the Farrapos Rebellion with Agustín Guarch and other colorado merchants across the border. 32 His alleged participation in the raids again suggests that cross-border reciprocal relationships were at work in driving the californias. Faced with Lamas’ claims, Brazilian officials filed criminal charges against the two commanders for violating the empire’s stated policy of strict neutrality in Uruguayan affairs. The nature of the trial, however, suggests that officials in Alegrete were less interested in defending Uruguayan sovereignty than in publicly manifesting Cardoso’s and Figuero’s legal protection of Brazilian property. To that end, Cardoso and Figuero appeared in the Alegrete courts in a public jury trial. Selected exclusively from property owners, the jury embodied 























































 29 Ibid. 30 Justiça c. Hypolito Firio Cardoso e Cándido Figuero, APRGS. Alegrete. Cartório Civil e Crime. Processos Crimes. Maço 77 No. 2669 (1847). 31 Ibid., 10 32 CV-4434 (February 18, 1841). 
 137
 


epublic. 26 Berro’s calls for a uniform, national system of law that dispensed with exceptions<br />

for foreigners would emerge again and again in the coming decades. 27<br />

By the late 1840s, these nationalist sentiments and economic necessities compelled<br />

Oribe to risk angering the powerful Brazilian landowners in the borderlands. Mirroring the<br />

imperial policies that had triggered the Farrapos war, Oribe first demanded tax payments for<br />

the export of cattle into Rio Grande do Sul. Frontier commanders in the northern<br />

borderlands like Diego Lamas immediately took steps to prosecute what was now<br />

contraband trade across the border. Unable to stem the flow of cattle, Oribe then<br />

prohibited their export entirely in 1848. 28<br />

Much as the imperial government had done a decade earlier, Oribe’s measures aimed<br />

to consolidate his government’s authority over economic resources in the borderlands by<br />

seeking to enforce national divisions. They provoked a similar response from the aggrieved<br />

Brazilians throughout the western campanha. Prominent local elites began to organize large-<br />

scale raids into the Estado Oriental to seize cattle. These “californias,” in reference to the<br />

ongoing gold rush in the United States, embodied borderlands legalities premised on cross-<br />

border reciprocities and local reputations. At the most basic level, the raids violently<br />

manifested the rejection of the imposition of artificial national boundaries on what was an<br />

integrated economic space. Protecting property across the border through the california raids<br />

























































<br />

26 Ibid., 124.<br />

27 For a discussion of the role of the Brazilian presence in propelling Uruguayan legal<br />

reforms forward, see Benton, "The Laws of This Country.", Susana Bleil de Souza and<br />

Fabrício Prado, "Las Representaciones del Brasil en el Discurso de Los Constructores de la<br />

Identidad Uruguaya en el Siglo XIX," in Fronteras, Indígenas y Migrantes en América del Sur, ed.<br />

Hector Hugo Trinchero (Córdoba, ARG: Centro de Estudios Avanzados, 2002).<br />

28 Barrán, Apogeo y Crisis, 33-34.<br />


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