“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
his pleadings frequently referenced important treaties and code provisions. 28 To borrow Mary Sarah Bilder’s description of James Madison, Teixeira represented something of a demi-lawyer, a reader (and in this case, practitioner) of the law who had not been formally licensed. 29 Teixeira’s position was so significant (and so profitable) to the Ribeiros that when challenged on this point in 1856, they quickly arranged payment of some 5,400$000 reais – a substantial sum – to the Counselor of State in Rio de Janeiro. In return, Teixeira received a license to practice in Alegrete’s jurisdiction for three years “despite having not received a law degree.” 30 Teixeira’s role as a “strategic intermediary” between his faction and the provincial government emerged immediately in the Freitas Valle case. 31 In framing his petition to Sinimbú, Teixeira reemphasized the fact that Amaral had used his judicial post to attempt to subvert the electoral process. He wrote that it was “notorious that these proceedings were organized with electoral ends in mind.” 32 Teixeira claimed: “there can be no doubt that Judge [Amaral], who directly attacked the individual liberty of the petitioner, preventing him from exercising his political rights and making him suffer a violent imprisonment, has sought to aid his own movement and his own spirit of vengeance.” 33 Moreover, Teixeira argued that not only had Amaral imprisoned his client for political ends, he had also arbitrarily suspended his court’s public notary. Teixeira’s inclusion of this fact in the petition is telling. Suspending the public notary meant that Amaral had effectively prevented the legal 28 Ibid. 29 Mary Sarah Bilder, "James Madison, Law Student and Demi-Lawyer," Law & History Review 28, no. 2 (2010): 390-93. 30 Registro de uma provirão de licença para advogado passado ao Advogado Mathias Teixeira de Almeida, APRGS. Alegrete. Tabelionato. Registros Diversos, Livro 4 (Febrary 1, 1856), 14. 31 Victor Uribe Uran, Honorable Lives: Lawyers, Family, and Politics in Colombia, 1780-1850 (Pittsburgh, Pa.: University of Pittsburgh Press, 2000), 7. 32 Manoel De Freitas Valle c. José Alves De Castro Amaral, Juiz Municipal, 16bis. 33 Ibid. 164
verification of filings in his forum. By denying Freitas Valle and other petitioners access to a notary, Teixeira implied that Amaral could in effect cover his tracks. Amaral had seized control of the mechanism intended to ensure documentary veracity and was now deploying it for his own political ends. Teixeira thus impugned Amaral’s reputation as a reputable official. He could not be trusted to dispense justice in the town. 34 Amaral offered a starkly different interpretation of the events leading up to the election in his own letter to the President Sinimbú. In his telling, the preliminary investigation into Bastos’ complaint had largely been a sham intended to protect one of the Ribeiro faction’s representatives on the election board. He pointed out that Teixeira, acting in his capacity as public prosecutor, conducted the initial investigation into the matter and found no reason to pursue the case. After reopening the investigation, however, Amaral established that Freitas Valle had actively impeded officials from arresting the men on the night of the crime. Although he lacked sufficient proof to convict Freitas Valle, his actions in issuing the summons were entirely legitimate. Amaral argued that the complaints against him stemmed from Freitas Valle’s desire to avoid justice and from Teixeira’s desire to destroy the judge’s reputation. He concluded by arguing that if he had committed any mistakes during his tenure, it was ignoring the powerful influence of politics and elections in the town. He wrote that “as a Judge, popular commotions are foreign to me and primarily it is to free law [direito livre], sovereign of the city in election, to which I have responded.” 35 With allegations of electoral fraud and judicial bias flying, Sinimbú agreed to appoint a new district judge, Antonio de Oliveira da Silva, to resolve the conflict. The pending arrival of the new district judge emboldened the Ribeiros. Their actions again attested to the 34 Ibid. 35 Ibid., 28. 165
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his pleadings frequently referenced important treaties and code provisions. 28 To borrow<br />
Mary Sarah Bilder’s description of James Madison, Teixeira represented something of a<br />
demi-lawyer, a reader (and in this case, practitioner) of the law who had not been formally<br />
licensed. 29 Teixeira’s position was so significant (and so profitable) to the Ribeiros that when<br />
challenged on this point in 1856, they quickly arranged payment of some 5,400$000 reais – a<br />
substantial sum – to the Counselor of State in Rio de Janeiro. In return, Teixeira received a<br />
license to practice in Alegrete’s jurisdiction for three years “despite having not received a law<br />
degree.” 30<br />
Teixeira’s role as a “strategic intermediary” between his faction and the provincial<br />
government emerged immediately in the Freitas Valle case. 31 In framing his petition to<br />
Sinimbú, Teixeira reemphasized the fact that Amaral had used his judicial post to attempt to<br />
subvert the electoral process. He wrote that it was “notorious that these proceedings were<br />
organized with electoral ends in mind.” 32 Teixeira claimed: “there can be no doubt that<br />
Judge [Amaral], who directly attacked the individual liberty of the petitioner, preventing him<br />
from exercising his political rights and making him suffer a violent imprisonment, has sought<br />
to aid his own movement and his own spirit of vengeance.” 33 Moreover, Teixeira argued<br />
that not only had Amaral imprisoned his client for political ends, he had also arbitrarily<br />
suspended his court’s public notary. Teixeira’s inclusion of this fact in the petition is telling.<br />
Suspending the public notary meant that Amaral had effectively prevented the legal<br />
<br />
28<br />
Ibid.<br />
29<br />
Mary Sarah Bilder, "James Madison, Law Student and Demi-Lawyer," Law & History<br />
Review 28, no. 2 (2010): 390-93.<br />
30<br />
Registro de uma provirão de licença para advogado passado ao Advogado Mathias Teixeira de<br />
Almeida, APRGS. Alegrete. Tabelionato. Registros Diversos, Livro 4 (Febrary 1, 1856), 14.<br />
31<br />
Victor Uribe Uran, Honorable Lives: Lawyers, Family, and Politics in Colombia, 1780-1850<br />
(Pittsburgh, Pa.: University of Pittsburgh Press, 2000), 7.<br />
32<br />
Manoel De Freitas Valle c. José Alves De Castro Amaral, Juiz Municipal, 16bis.<br />
33 Ibid.<br />
164 <br />
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