“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
see no reason for this city to be deprived of such a good citizen [tão bom cidadão] and honorable magistrate [honrado magistrado].” 120 Lourenço wrote his own letter to the president, noting that “a number of the principal Citizens of this town have been traveling along the frontier, soliciting opposition to me.” 121 The clash between Lourenço and Sá Brito provides another example of the ongoing tensions throughout the 1830s between borderlands inhabitants and central authorities. As we have seen, imperial officials in the mid-1830s were engaged in a concerted effort to control the southern borderlands. Appointing Lourenço provided a mechanism to enforce imperial laws – particularly revenue measures – regulating the cross-border activities of Alegrete’s ranching community. At the same time, removing a prominent local judge like Sá Brito threatened to destabilize the reciprocal relationships that linked localized nodes of justice together throughout the borderlands. Not surprisingly, Lourenço’s nomination provoked a sharp backlash. By defending Sá Brito, Prado Lima and his allies equally defended the borderlands economy and the town’s local autonomy. They also publicly manifested their connections to Sá Brito and other local judicial officials. With the outbreak of the Farrapos Rebellion, Sá Brito retained his district judgeship in Alegrete under the rebel government. He served in that capacity until 1842. 122 Having helped secure Sá Brito’s judicial office in Alegrete, Prado Lima now drew upon his reciprocal relationships with the juiz de direito to vindicate his property rights. He entered the court bringing with him his history of political support for the judge. What Sá Brito now offered in return was the ability to declare Prado Lima’s property rights publicly. Educated at the elite Coimbra University in Portugal, as well as at the Academia de São 120 Ibid. 121 AHRGS. Câmara de Alegrete: Correspondência Expedida, Carta dirgida ao Illmo Exmo Sen Presidente desta Provincia sobre Bacharel Francisco de Sá Brito Junior (June 2, 1834). 122 Francisco de Sá Brito and Paulino Jacques, Memória da Guerra dos Farrapos (Rio de Janeiro: Gráf. Editôra Souza, 1950). 206
Paulo, Sá Brito was one of the few jurists in the Brazilian borderlands that possessed formal legal training in the 1830s. 123 Sá Brito reviewed the evidence and then laid out each step taken by Prado Lima in confirming his rights in detail. He concluded that Leão’s acceptance of the rental contract had established Prado Lima’s “possession and dominion over said land.” 124 The verdict ratified Prado Lima’s maneuvers to establish his ownership of the disputed tract. In doing so, it also bolstered the long-standing ties between the two prominent vizinhos. They had drawn upon these connections to sustain their place in the community. Sá Brito’s careful delineation of his old allies’ property claims had reaffirmed the durability of their association. As Prado Lima’s political fortunes declined throughout the 1850s, however, his property rights became subject to increasing judicial scrutiny. In 1855, Teixeira filed suit on behalf of Francisca Oliveira Lisboa against Prado Lima. 125 Lisboa sought to recover land originally held by her husband, Colonel Gabriel Gomes Lisboa. According to her complaint, her husband had originally acquired the land, located along the Quaraí River, through a sesmaria grant in 1822. During the 1825 Uruguayan war, Lisboa lost possession of the tract and the corresponding documentation establishing his title. The case then took an interesting turn in 1831. Having lost his title, Lisboa nevertheless managed to secure a new copy from the national government. Rather than return to his reclaimed land, he instead opted to rent it to José Ribeiro de Almeida, the brother of Bento Manoel Ribeiro. José 123 Ibid., 57. Even by 1859, Sá Brito remained one of only three persons in Alegrete possessing a legal degree. AHRGS. Câmara de Alegrete: Correspondência Expedida, Letter to Illmo. Exmo. Senhor Commendador Patricio Corrêa da Camara Digmo. Vice Presidente d’esta Provincia (May 12, 1859) (the other two men were Geminiano Antonio Vital de Oliveira, and Francisco Vieira Braga Junior). 124 Joaquim Marchado Leão c. Joaquim dos Santos Prado Lima, 107bis-108. 125 Doña Francisca Oliveira Lisboa c. Joaquim dos Santos Prado Lima, APRGS. Alegrete. Cartório Civil e Crime. Ações Ordinários. Maço 36, No. 851 (1855). 207
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see no reason for this city to be deprived of such a good citizen [tão bom<br />
cidadão] and honorable magistrate [honrado magistrado].” 120<br />
Lourenço wrote his own letter to the president, noting that “a number of the principal<br />
Citizens of this town have been traveling along the frontier, soliciting opposition to me.” 121<br />
The clash between Lourenço and Sá Brito provides another example of the ongoing<br />
tensions throughout the 1830s between borderlands inhabitants and central authorities. As<br />
we have seen, imperial officials in the mid-1830s were engaged in a concerted effort to<br />
control the southern borderlands. Appointing Lourenço provided a mechanism to enforce<br />
imperial laws – particularly revenue measures – regulating the cross-border activities of<br />
Alegrete’s ranching community. At the same time, removing a prominent local judge like Sá<br />
Brito threatened to destabilize the reciprocal relationships that linked localized nodes of<br />
justice together throughout the borderlands. Not surprisingly, Lourenço’s nomination<br />
provoked a sharp backlash. By defending Sá Brito, Prado Lima and his allies equally<br />
defended the borderlands economy and the town’s local autonomy. They also publicly<br />
manifested their connections to Sá Brito and other local judicial officials. With the outbreak<br />
of the Farrapos Rebellion, Sá Brito retained his district judgeship in Alegrete under the rebel<br />
government. He served in that capacity until 1842. 122<br />
Having helped secure Sá Brito’s judicial office in Alegrete, Prado Lima now drew<br />
upon his reciprocal relationships with the juiz de direito to vindicate his property rights. He<br />
entered the court bringing with him his history of political support for the judge. What Sá<br />
Brito now offered in return was the ability to declare Prado Lima’s property rights publicly.<br />
Educated at the elite Coimbra University in Portugal, as well as at the Academia de São<br />
<br />
120 Ibid.<br />
121 AHRGS. Câmara de Alegrete: Correspondência Expedida, Carta dirgida ao Illmo Exmo<br />
Sen Presidente desta Provincia sobre Bacharel Francisco de Sá Brito Junior (June 2, 1834).<br />
122 Francisco de Sá Brito and Paulino Jacques, Memória da Guerra dos Farrapos (Rio de<br />
Janeiro: Gráf. Editôra Souza, 1950).<br />
206 <br />