“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
local police, Martinez traveled to the disputed tract. He then negotiated a settlement that permitted Perez to remain on the land under a contract with Pereira. 94 Through his actions, Martinez secured legal recognition of Pereira’s property rights from Perez. Obtaining such a declaration of legal title often was more important to landowners like Pereira than formal occupation. Much like trading relations and personal reputations, property rights often hinged on what honorable vecinos in the forum believed to be true. Publicly declaring ownership to the community therefore was critical. 95 The case is silent as to how Martinez specifically obtained Perez’s signature. We can speculate, however, that when confronted by the local police and a blanco attorney with connections to prominent civilian and military leaders around Salto, Perez had to accept the offer. With Martinez bolstering his reputation by securing Bastos’ property rights through a mixture of legal actions and force, Perez turned to courts to challenge the attorney’s actions by attempting to undermine his legal standing in the town. In his struggle, Perez could count on Jacinto Llupes. The disputed property was around the settlement of Mataojos. Llupes was the frontier commander in that district. The commander viewed Martinez’s actions as an intrusion into his own authority to determine property rights within his jurisdiction. He accused Martinez of favoring his own factional allies at the expense of local vecinos under his purview. 96 Llupes launched a vicious assault in the Salto press against Martinez, challenging Martinez’s reputation as a figure able to dispense justice in any matter. Llupes began by asserting that Martinez had no standing in the town: “Martinez is such a well-known person 94 Ibid., 15-20. 95 Graciela Garcia, "O Domínio da Terra: Conflitos e Estrutura Agrária na Campanha Rio-Grandense Oitocentista" (M.A., Universidade Federal do Rio Grande do Sul, 2005). 96 Juico de imprenta promovido por D. Miguel Santos Martinez c. D. Jacinto Llupes, AGN-SJ. Salto. Penales, No. 66 (1862). 192
throughout the country that his words can offend no one; his reputation is such that there is no reason to attack it, given that every good citizen already knows he is motivated by envy, boundless ambition, and avarice.” 97 Having stated that Martinez did not warrant a response, however, Llupes then proceeded to provide a detailed history of his rival’s conduct. Llupes wrote that having severed under Oribe during the blanco siege of Montevideo throughout the Guerra Grande, Martinez had “distinguished himself through his cowardice.” 98 In the face of the 1851 Brazilian invasion, Martinez had fled across the border to Entre Ríos. In the process, he had abandoned his wife and family. Once the conflict ended, Martinez had returned to Tacuarembó. He served as the public notary in the borderlands department. According to Llupes, he caused nothing but trouble. Llupes wrote: “so well-known were the Scribe of Tacuarembó’s actions, which in the name of reform caused such a turmoil [desquicio] in the town” that he ordered Martinez’s arrest in order to end his intrigues. Llupes then “escorted” Martinez to Montevideo. In doing so, he had “liberat[ed] Tacuarembó of Martinez but not to this day of the discords he had sowed.” Through these accusations, Llupes set up an explicit contrast between his own actions and Martinez’s. In his telling, Llupes represented the forces of order, legality and unity. In contrast, Martinez brought disorder and division to the borderlands. The implication here was clear: Martinez and his allies did not represent the law. 99 Llupes then broadened his attack against Martinez and his blanco allies. He wrote that having been discredited by him in Tacuarembó, Martinez “came to be under the protection of General Don Diego Lamas.” Llupes treaded carefully, arguing that the powerful military commander had “tried his hand at reforming [Martinez], but could not prevent his attempts 97 Ibid., El Comercio del Salto, Año IV, No. 42 (July 9, 1862), included with the case. 98 Ibid. 99 Ibid. 193
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throughout the country that his words can offend no one; his reputation is such that there is<br />
no reason to attack it, given that every good citizen already knows he is motivated by envy,<br />
boundless ambition, and avarice.” 97 Having stated that Martinez did not warrant a response,<br />
however, Llupes then proceeded to provide a detailed history of his rival’s conduct. Llupes<br />
wrote that having severed under Oribe during the blanco siege of Montevideo throughout the<br />
Guerra Grande, Martinez had “distinguished himself through his cowardice.” 98 In the face of<br />
the 1851 Brazilian invasion, Martinez had fled across the border to Entre Ríos. In the<br />
process, he had abandoned his wife and family. Once the conflict ended, Martinez had<br />
returned to Tacuarembó. He served as the public notary in the borderlands department.<br />
According to Llupes, he caused nothing but trouble. Llupes wrote: “so well-known were the<br />
Scribe of Tacuarembó’s actions, which in the name of reform caused such a turmoil<br />
[desquicio] in the town” that he ordered Martinez’s arrest in order to end his intrigues. Llupes<br />
then “escorted” Martinez to Montevideo. In doing so, he had “liberat[ed] Tacuarembó of<br />
Martinez but not to this day of the discords he had sowed.” Through these accusations,<br />
Llupes set up an explicit contrast between his own actions and Martinez’s. In his telling,<br />
Llupes represented the forces of order, legality and unity. In contrast, Martinez brought<br />
disorder and division to the borderlands. The implication here was clear: Martinez and his<br />
allies did not represent the law. 99<br />
Llupes then broadened his attack against Martinez and his blanco allies. He wrote that<br />
having been discredited by him in Tacuarembó, Martinez “came to be under the protection<br />
of General Don Diego Lamas.” Llupes treaded carefully, arguing that the powerful military<br />
commander had “tried his hand at reforming [Martinez], but could not prevent his attempts<br />
<br />
97 Ibid., El Comercio del Salto, Año IV, No. 42 (July 9, 1862), included with the case.<br />
98 Ibid.<br />
99 Ibid.<br />
193 <br />
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