“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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A series of defamation actions between Manuel Tristani and José Parejas regarding several articles published in two competing local newspapers provides an excellent of example of how these local, public conflicts over reputation intertwined with factional politics. 79 The conflict originated when Tristani printed allegations that Parejas had defrauded a number of vecinos in his newspaper El Comercio del Salto. 80 The article further implied that Parejas, a colorado, had willfully ignored orders by local officials to appear in court. Parejas sued Tristani for defamation. Appearing before the jury, Tristani turned the tables on Parejas. He first asked for the jury’s “indulgence because I am new and foreign here in Salto, a city in which I came to establish myself on account of the cultured and well- educated fame with which the magnanimous Oriental Republic of Uruguay has distinguished itself.” 81 Tristani continued that since his arrival in the town to set up a newspaper, “he had found himself barbarously and unjustly insulted by the calumnious José Parejas” in the pages of El Salteño. 82 Parejas was the editor of the rival paper. Despite Parejas’ misconduct, however, Tristani made clear that he did not wish to continue a dispute between vecinos that might serve only to inflame factional tensions. He agreed to retract his article even though he claimed it was accurate. In doing so, he positioned himself as a voice of moderation and order. The retraction did not end the conflict between the two editors. Rather, Parejas used the proceeding to publish a response attacking Tristani’s character in El Salteño. Tristani represented a tempting target for Salto’s colorados for a variety of reasons. As an initial                                                          79 D. Manuel R. Tristani c. D. José Parejas por publicación de injurias en prensa, AGN-SJ. Salto. Penales, No. 90 (1862). 80 D. José Parejas c. D. Manuel R. Tristani por retractación, AGN-SJ. Salto. Penales, No. 74 (1862). 81 Ibid. 82 Ibid.   186   
matter, he was an outsider. Tristani was born in Spain and had only arrived in Montevideo in 1852. 83 Tristani worked as a lawyer and journalist in the Uruguayan capital. Tristani also befriended Manuel Oribe, penning several articles praising the blanco general following his death in 1857. In 1859, Tristani crossed the Uruguay River to Argentina. 84 He first settled in Paraná, Entre Ríos and then moved to Rosario in Santa Fe province in 1860. There, he edited the newspaper El Eco Comercial, which supported the Argentine Confederation in its struggle against Buenos Aires. When the confederation collapsed in 1862, Tristani left Argentina for Salto. 85 Almost as quickly, he was embroiled in litigation. Tristani’s paper aligned itself with the local blanco faction. This meant largely supporting the blanco-controlled municipal government. Tristani openly associated with important blancos like Pedro Real, the alcalde ordinario in the town. For Salto’s colorado faction, challenging Tristani’s personal reputation offered an effective means to attack Salto’s blanco leadership. Once again, local connections and personal reputations provided the backdrop for the litigation. Because the declaration and enforcement of these relationships occurred in local courtrooms throughout the borderlands, challenging a faction’s authority to speak for the community provided an important means to win allies along trading routes and manifest one’s own ability to dispense justice. Within the framework of borderlands legalities operating around Salto’s theater, the litigation between Tristani and Parejas was about much more than each man’s personal reputation. Rather, the webs of factional associations that relied on “honorable vecinos” to                                                          83 Miguel Angel de Marco, Abogados, Escribanos y Obras de Derecho en el Rosario del Siglo XIX (Rosario: Universidad Catolica Argentina: Facultad de Derecho y Ciencias Sociales, 1973), 99-117. 84 D. José Parejas c. D. Manuel R. Tristani por retractación, 103-5. 85 Ibid., 105-6.   187   
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“MONSTROUS AND ILLEGAL PROCEEDING
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ABSTRACT This dissertation explores
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TABLE OF CONTENTS ABSTRACT iii ACKN
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ACKNOWLEDGEMENTS Like the wandering
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Upon returning to the United States
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INTRODUCTION IN EARLY 1828, A FRENC
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Juan Manuel de Rosas and Facundo Qu
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By moving between stories of law an
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in the continental interior. They d
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the fluid character of borderlands
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and geographic conceptions. Extendi
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local legal norms and practices in
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that has greatly expanded the space
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along rivertine trading corridors.
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strains articulated by men like Art
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Bringing the courts back into the s
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of borderlands leaders to negotiate
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Removing the old colonial order, ho
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the city remained a sparsely popula
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smugglers and other imperial outlaw
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Imperial Collapse and Fragmentation
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ivers, deserts and a few vagrant an
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defend its possessions, peninsular
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They requested that the Junta appoi
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manufactured products for the Andea
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The Paraguayan government proposed
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Montevideo in January of 1811, he i
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Ríos. From there, he continued to
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easoning. 25 They had rejected the
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military headquarters along the ban
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sovereignty rooted in borderlands p
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Artigas’ defeat did not spell the
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economy. By 1822, the powerful merc
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universal laws that would further r
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Pedro abdicated the throne in 1831,
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CHAPTER 2 THE (RE)EMERGENCE OF BORD
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operate throughout the borderlands
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and staple exports instead of the o
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Ríos in particular witnessed a dra
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goods as far north as the cities of
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simmering struggles. By 1840, local
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merchants, traders and landowners.
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earning the faction’s colorado ti
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Guarch’s deal with Carvalho revea
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web of reciprocal relationships tha
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the border in Brazil. In this way,
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In short, over the course of a deca
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that he had employed to first arran
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opposite direction from Porto Alegr
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Pinto sought to have the property d
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dealings with Vázquez and the Carv
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Ríos or by ship to Montero’s out
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alliances with the blancos to open
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connections up and down the river t
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With his money now in limbo and his
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honorable merchant. His associates
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meant more than establishing a docu
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Uruguaiana and Salto. 80 Chaves and
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complex laws “that they only unde
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were considered suspect, particular
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status. Public recognition of one
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They reasoned that “one has to re
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unanimous and respected testimony o
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powerful figures like Urquiza, depe
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CHAPTER 3 SOVEREIGN CONFLICTS THE R
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conflicts between peripheral ranche
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further agreed to provide payments
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Sosa almost immediately responded.
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funds, the imperial government took
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Throughout the early 1830s, the Uru
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Fernandes Braga, the provincial pre
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Frustrated by the lack of progress,
Page 145 and 146: cataloguing illegal property confis
Page 147 and 148: also provided prominent local elite
Page 149 and 150: As the 1850s dawned, the persistent
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Page 153 and 154: would order, they intend to be resp
Page 155 and 156: economic and political relationship
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Page 159 and 160: advance their visions for a new nat
Page 161 and 162: Estado Oriental and had fought at C
Page 163 and 164: Brazilian officials opened secret n
Page 165 and 166: The 1855 occupation reinvigorated e
Page 167 and 168: end political violence in the inter
Page 169 and 170: important) but also dealt with defi
Page 171 and 172: Ribeiros, Prado Lima possessed land
Page 173 and 174: move to Alegrete were unclear. Duri
Page 175 and 176: verification of filings in his foru
Page 177 and 178: “intimate friend and relative.”
Page 179 and 180: men. They were capable of protectin
Page 181 and 182: Nolasco and Vianna responded that t
Page 183 and 184: in 1834. Joaquim dos Santos Prado L
Page 185 and 186: Vital de Oliveira, securing his ele
Page 187 and 188: controlled the appointment of distr
Page 189 and 190: military control. By engaging in th
Page 191 and 192: faction’s strength. In particular
Page 193 and 194: mattered greatly to their own power
Page 195: the parties and the public, with ea
Page 199 and 200: Tristani then attempted to attack h
Page 201 and 202: litigation in Alegrete, questions o
Page 203 and 204: throughout the country that his wor
Page 205 and 206: his wife. He claimed that she “wa
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Page 211 and 212: CHAPTER 5 POLITICAL POWER AND PROPE
Page 213 and 214: property of Joaquim dos Santos Prad
Page 215 and 216: acknowledged by both court and poss
Page 217 and 218: Paulo, Sá Brito was one of the few
Page 219 and 220: Teixeira claimed that Prado Lima ha
Page 221 and 222: the trial court’s judgment. The c
Page 223 and 224: lands in question in 1833. The cour
Page 225 and 226: The appearance of testimony by Prad
Page 227 and 228: of cattle from the da Silva’s lan
Page 229 and 230: [Lima] contracted with an untrained
Page 231 and 232: that department, Colonel Diego Lama
Page 233 and 234: vizinho” in Alegrete’s courts o
Page 235 and 236: Brigadier Don David Canavarro . . .
Page 237 and 238: assistance, Garces won her case aga
Page 239 and 240: Brazil. Berro ended a decade of fre
Page 241 and 242: coexistence of these provincial and
Page 243 and 244: Urquiza’s efforts to placate his
Page 245 and 246: and elites now supported Urquiza’
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province within the national framew
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porteño cavalry at Cepeda and Pav
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The correntino merchants responded
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assembling witnesses (in this case,
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etween himself and Abendaño, howev
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complete the exchange, however, Bic
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side sought to dictate the distribu
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Bica had used commercial and politi
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The incident also revealed how impe
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positioned the Ribeiro faction to g
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Borderlands inhabitants in the earl
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neatly encapsulated the ongoing con
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for Brazilian ranchers. In the best
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anchers operating throughout the bo
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Brazilian slave laws followed them
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familial connections on the Brazili
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defined their respective places in
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supply his troops. 26 By the time o
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Brazilian masters that resulted in
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pursue further rights. They would p
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in the Estado Oriental. At the hear
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was also a personal enemy of Canaba
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part of a broader narrative of conf
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anything, Orientales.” 56 Gomez
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anchers, like that of local Uruguay
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“complete proof of oriental natio
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Uruguayan notaries. These included
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Republic over issues of rivertine t
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his cattle in 1858. 79 Recall also
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of warfare in the borderlands furth
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In effect, he hoped to exchange loy
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guarantee their commercial relation
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governments in Montevideo and Brazi
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nineteen in the provincial militia
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authority to contain the more radic
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captured the city of Corrientes. To
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Urquiza struggled to reorganize his
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attle in March of 1870. 29 By the e
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The national government sent an “
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the reciprocal trading relationship
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splintered into “traditional” a
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country’s ranching elites. In res
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these absurd and unwarranted charge
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protect “the development of those
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police forces to better protect cat
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conspiracies, the steady stream of
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matter was overblown and that repor
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CHAPTER 8 NEGOTIATING NATIONS ALTHO
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Local Legal Practices and National
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pointed link between the “honor
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personal interests, Guarch’s fact
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Guarch first sought to tip the scal
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following the order designated by t
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history in 1877. 24 Salto’s first
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twenty-five peso fine. 29 Leal prom
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serves?” 36 He continued: “Does
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abuses “no doubt flowed from the
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political allegiances. Within the f
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Operating within this relationship,
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By the dawn of the 1880s, national
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ejected this evidence, however, fin
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with his son-in-law Alexander da Cr
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not only to affirm these local find
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olster the positions of important l
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CONCLUSION IN 1887, THE GREAT URUGU
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elationships and secure local court
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economies to the forces of global c
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ARGENTINA ARCHIVES CONSULTED BIBLIO
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PUBLISHED PRIMARY AND SECONDARY MAT
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Cárcano, Ramón J. Guerra del Para
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Flores, Mariana Flores da Cunha Tho
Page 389 and 390:
Lasso, Marixa. Myths of Harmony: Ra
Page 391 and 392:
Piccolo, Helga I. L. "A Política R
Page 393 and 394:
Schultz, Kirsten. Tropical Versaill
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