“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
to comply with the law: this is not and cannot be a question of faction [partido], it is, yes, a question of the dignity, the honor, the liberty, and the guarantees of the citizens and inhabitants of this Republic.” 91 Parejas and his allies argued that it was Tristani and the blancos that were working to sow divisions in the city and subvert the laws. They wrote: “there are not circles here Tristany, here there are free men that as citizens have the right and the obligation to raise their voices when the authorities of their country violate the laws and fail in their obligations.” They colorfully called upon the readers to cast their own judgment over which party in Salto abused its power: “ask yourselves to which party does Tristany belong? In this way, we will find out if those who have sacrificed justice are blancos, colorados, blacks, yellows, or the greens.” 92 What emerges from the series of articles is how tightly personal reputation and factional allegiances intertwined in Salto’s juicios de imprenta. As Tristani and Parejas challenged each other’s honor in their personal dispute, they drew upon their factional connections to support their legal maneuverings around Salto’s courts, theater and in the streets. At the same time, the theatrical nature of the juicio de imprenta cases made them important scenes for factions to express their power to protect personal reputations publicly. The trial served as a stage for the blancos and colorados in the town. It offered each side a public opportunity to manifest their respective political power to the town’s vecinos. Successfully impugning a rival’s reputation reduced his power to serve as an “honorable vecino” witness for his allies. This in turn lessened his faction’s broader power to provide justice for its members, both locally and throughout the borderlands. As we saw in the 91 Ibid., 3 (emphasis in the original). 92 Ibid. (emphasis in the original). 190
litigation in Alegrete, questions of personal reputation were never fully divorced from factional struggles. In much the same way, these local factional struggles to solidify their reputation intertwined with the power to dispense private law rights to their factional allies. We already glimpsed the connections between access to justice and cross-border trade in Agustín Guarch’s use of carefully constructed webs of commercial relations to vindicate his legal rights in Alegrete throughout the 1830s and 1840s. These reciprocal ties with men like Prado Lima were vital to Guarch’s commercial prosperity. This in turn fed back into his reputation as a trader, enhancing his reciprocal ability to provide legal and pecuniary patronage to his factional allies in the colorado party. He repeatedly did so, arranging a number of transactions between colorados and prominent merchants in Uruguaiana. These merchants in turn possessed connections back to Prado Lima’s faction, completing the cycle. The juicios de imprenta in Salto reveal similar relationships between the reputation of officials and the legal recognition of property rights. In particular, the public forum of the juicio de imprenta once again provided a vehicle for factional rivals to challenge unfavorable legal actions against their allies and seize the power to restore their property rights in the eyes of the community. Two cases involving Miguel Santos Martinez, a local attorney, public notary and military officer in Salto reveal the interconnected nature between disputes over local reputation and conflicts over property rights. The conflict began when Martinez, a committed blanco, became involved in an ejectment proceeding filed by Ignacio Bastos Pereira against Antonio Perez. 93 Pereira alleged that Perez had unlawfully trespassed on his property by grazing cattle against his permission for a number of years. Accompanied by the 93 D. Miguel S. Martinez c. D. Antonio Peres por injurias, AGN-SJ. Salto. Penales. No. 65 (1862). 191
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to comply with the law: this is not and cannot be a question of faction [partido], it is, yes, a<br />
question of the dignity, the honor, the liberty, and the guarantees of the citizens and inhabitants of this<br />
Republic.” 91 Parejas and his allies argued that it was Tristani and the blancos that were working<br />
to sow divisions in the city and subvert the laws. They wrote: “there are not circles here<br />
Tristany, here there are free men that as citizens have the right and the obligation to raise<br />
their voices when the authorities of their country violate the laws and fail in their<br />
obligations.” They colorfully called upon the readers to cast their own judgment over which<br />
party in Salto abused its power: “ask yourselves to which party does Tristany belong? In<br />
this way, we will find out if those who have sacrificed justice are blancos, colorados, blacks,<br />
yellows, or the greens.” 92<br />
What emerges from the series of articles is how tightly personal reputation and<br />
factional allegiances intertwined in Salto’s juicios de imprenta. As Tristani and Parejas<br />
challenged each other’s honor in their personal dispute, they drew upon their factional<br />
connections to support their legal maneuverings around Salto’s courts, theater and in the<br />
streets. At the same time, the theatrical nature of the juicio de imprenta cases made them<br />
important scenes for factions to express their power to protect personal reputations publicly.<br />
The trial served as a stage for the blancos and colorados in the town. It offered each side a<br />
public opportunity to manifest their respective political power to the town’s vecinos.<br />
Successfully impugning a rival’s reputation reduced his power to serve as an “honorable<br />
vecino” witness for his allies. This in turn lessened his faction’s broader power to provide<br />
justice for its members, both locally and throughout the borderlands. As we saw in the<br />
<br />
91 Ibid., 3 (emphasis in the original).<br />
92 Ibid. (emphasis in the original).<br />
190 <br />