“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
Amaral’s decision not to pursue his action against Freitas Valle might have hinged on the fact that Teixeira now was actively challenging his faction in both the Uruguaiana and Alegrete courts. Before da Silva’s investigation even began, Teixeira had already used his growing control over the courts in Alegrete to attack the Nolascos and Vianna. Teixeira’s first salvo again involved allegations of judicial impropriety, this time by Vianna and Analeto Nolasco, the judge’s official notary. 43 According to Teixeira’s complaint, both Vianna and Nolasco had used their positions to compel Laurindo Antonio de Souza to accede to an illegal partition of his father-in-law Jeronimo Ferreira Serpa’s estate. They allegedly did so in order to confiscate a number of cattle located on his property. Teixeira claimed the two men arranged for Isabel Romana Bienda to make a claim on the estate’s assets on the grounds that she was Serpa’s former wife. Teixeira asserted that the men entered a fraudulent judicial decree. Analeto Nolasco then traveled to de Souza’s land with several National Guard soldiers to claim several hundred head of cattle. 44 Teixeira argued to the Alegrete court that if Vianna’s and Nolasco’s conduct was allowed to stand, “the right of property that the Law guarantees in all of its plentitude will be only an illusion and a phantasm with which to hurl [its] owners who are laboring under the false impression that such a right is real and the Law is the norm for all of our actions into the abyss.” He noted that it was “public knowledge” that Nolasco had received some 78 head of cattle from the estate assets “in compensation for his good services.” Teixeira concluded that “the facts of the case reveal the deplorable condition to which the town of Uruguaiana has fallen” and “without a vigorous repression of corrupt and lawless officials, the inhabitants of the town will have to suffer greatly.” 45 43 Laurindo Antonio de Souza c. Analeto Nolasco Rodriguez Paz, APRGS. Alegrete. Cartório Civil e Crime. Processos Crimes. Maço 78, No. 2757 (1853). 44 Ibid., 2. 45 Ibid., 2bis. 170
Nolasco and Vianna responded that they had done nothing more than assist Bienda in recovering her rightful portion of the estate. According to Nolasco, the National Guard soldiers “that accompanied [him] went to the ranch at the invitation of some of the heirs of the estate, not by [his] orders.” Rather than provoke violence, his sole aim was to control it and ensure the legal and peaceful distribution of contested assets. Vianna and Nolasco argued that allegations of coercion had only arisen with Teixeira’s arrival. They claimed that the Ribeiros’ lawyer had “spread complaints against the Respondents, seeking witnesses throughout the town in order to support his allegations [queixas].” Far from their own misconduct, it was the Ribeiros’ legal henchman that threatened order in Uruguaiana. 46 While the proceeding in the Alegrete courts against Vianna and Nolasco continued, the factional conflicts between the Ribeiros and their rivals to control Uruguaiana intensified. First, Francisco d’Araujo Câmara, Benton Manoel Ribeiro’s son-in-law and head of the local border police, attempted to arrest Zeferino Nolasco. 47 Then, in 1854, Manoel Dória da Luz, a prominent local ally of the Ribeiros, brought further charges against Manoel Marques Vianna. 48 Again appearing in Alegrete, Dória alleged he was “coming to respond to charges against me brought by my enemy and adversary Manoel Marques Vianna.” He argued that Vianna had “assaulted his character” by accusing him of several crimes. 49 According to Dória, the charges against him stemmed from his unwillingness to provide false testimony against another man, Vicente Seraligue, in an investigation of contraband by members of the town’s merchant community. Dória claimed that the allegations of contraband were fraudulent. They were designed only for the Nolascos to extort money from honest 46 Ibid. 47 Ibid. 48 Flores, "Contrabano e Contrabandistas na Fronteira Oeste do Rio Grande do Sul (1851-1864)", 107-08. 49 Ibid., 108. 171
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Amaral’s decision not to pursue his action against Freitas Valle might have hinged on<br />
the fact that Teixeira now was actively challenging his faction in both the Uruguaiana and<br />
Alegrete courts. Before da Silva’s investigation even began, Teixeira had already used his<br />
growing control over the courts in Alegrete to attack the Nolascos and Vianna. Teixeira’s<br />
first salvo again involved allegations of judicial impropriety, this time by Vianna and Analeto<br />
Nolasco, the judge’s official notary. 43 According to Teixeira’s complaint, both Vianna and<br />
Nolasco had used their positions to compel Laurindo Antonio de Souza to accede to an<br />
illegal partition of his father-in-law Jeronimo Ferreira Serpa’s estate. They allegedly did so in<br />
order to confiscate a number of cattle located on his property. Teixeira claimed the two men<br />
arranged for Isabel Romana Bienda to make a claim on the estate’s assets on the grounds<br />
that she was Serpa’s former wife. Teixeira asserted that the men entered a fraudulent judicial<br />
decree. Analeto Nolasco then traveled to de Souza’s land with several National Guard<br />
soldiers to claim several hundred head of cattle. 44 Teixeira argued to the Alegrete court that<br />
if Vianna’s and Nolasco’s conduct was allowed to stand, “the right of property that the Law<br />
guarantees in all of its plentitude will be only an illusion and a phantasm with which to hurl<br />
[its] owners who are laboring under the false impression that such a right is real and the Law<br />
is the norm for all of our actions into the abyss.” He noted that it was “public knowledge”<br />
that Nolasco had received some 78 head of cattle from the estate assets “in compensation<br />
for his good services.” Teixeira concluded that “the facts of the case reveal the deplorable<br />
condition to which the town of Uruguaiana has fallen” and “without a vigorous repression<br />
of corrupt and lawless officials, the inhabitants of the town will have to suffer greatly.” 45<br />
<br />
43 Laurindo Antonio de Souza c. Analeto Nolasco Rodriguez Paz, APRGS. Alegrete. Cartório<br />
Civil e Crime. Processos Crimes. Maço 78, No. 2757 (1853).<br />
44 Ibid., 2.<br />
45 Ibid., 2bis.<br />
170 <br />