“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
of “honorable vizinhos” once again provided the foundation for Prado Lima’s substantive legal rights. Teixeira equally recognized the importance of personal testimony for establishing property claims. He immediately sought to marshal together testimony favoring Lisboa’s claim, as well as undermine the credibility of Prado Lima’s numerous witnesses. Teixeira traveled widely. He took depositions from the neighboring towns of Uruguaiana and São Gabriel. He further arranged for the local judge to travel to the disputed lands in order to better determine the boundaries in question. At the same time, Teixeira accused Prado Lima’s witnesses of bias. He argued that three of the men called to testify possessed a direct financial stake in the outcome of the proceeding. In addition, Teixeira noted that several of the witnesses were Prado Lima’s relatives. This, combined with their vague testimony as to the property’s true boundaries, compelled the court to discredit it. Collectively, Teixeira’s efforts aimed not only to demonstrate Lisboa’s property rights, but also publicly manifest the numerous webs of reciprocal connections between the Ribeiros and important vizinhos throughout the borderlands. The case was as much about demonstrating political power as securing substantive rights. 130 For the moment, however, Prado Lima’s allies stood firm. The trial court noted that all of Prado Lima’s witnesses’ testimony, although occasionally vague, was consistent. It further found Prado Lima’s witnesses persuasive. The court wrote that the “ages, wealth, and character of the same, are additional proof to guarantee the facts regarding possession.” 131 Reflecting the substantial resources at his disposal, Teixeira appealed the case to Porto Alegre and then to the Tribunal de Relações in Rio de Janeiro. Both courts confirmed 130 Doña Francisca Oliveira Lisboa c. Joaquim dos Santos Prado Lima, 41; 185-206. 131 Ibid., 24bis. 210
the trial court’s judgment. The considerable expenses required to bring the case all the way to the high court reflected how serious Teixeira and the Ribeiro faction were in depriving a powerful enemy of his economic resources. However, Prado Lima continued to possess sufficient political and social connections to ward off their claims. Nevertheless, he and his political allies were now on the defensive. The breakthrough against Prado Lima came in 1860 with the temporary dismissal of David Canabarro from his military command. With Canabarro’s ability to influence events reduced, the stage was set for Teixeira to again challenge Prado Lima’s property claims in a new proceeding in 1861. 132 In this second case, Teixeira brought a suit against Prado Lima on behalf of Joaquim Leão. Leão’s complaint alleged that he had originally purchased lands now occupied by Prado Lima from Antonio Ferreira da Cunha in 1833. Leão (through Teixeira) claimed that he had owned and occupied the land without incident until 1838. He testified, however, that “during this Province’s revolution he was violently dispossessed [of his property] by means of armed force, his land and cattle seized by Joaquim dos Santos Prado Lima, then Chief of Police in the revolutionary government.” 133 Faced with threats of violence and having already lost 3,000 head of cattle, Leão left the area. Echoing Lisboa’s earlier claims, Leão argued that it was only now, nearly twenty-five years after Prado Lima originally ejected him from his land, that he could seek restitution for his losses. Prado Lima offered a dramatically different interpretation of events in his response. He alleged that Ferreira had taken advantage of the turmoil caused by José Artigas’ invasions in 1815 to occupy the lands in question illegally. Although military authorities had ordered Ferreira off the property on several occasions, Ferreira had again exploited the disorder 132 Joaquim Marchado Leão c. Joaquim Dos Santos Prado Lima. 133 Ibid., 2. 211
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- Page 179 and 180: men. They were capable of protectin
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- Page 213 and 214: property of Joaquim dos Santos Prad
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- Page 217 and 218: Paulo, Sá Brito was one of the few
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- 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
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- Page 243 and 244: Urquiza’s efforts to placate his
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- Page 251 and 252: The correntino merchants responded
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- Page 255 and 256: etween himself and Abendaño, howev
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of “honorable vizinhos” once again provided the foundation for Prado Lima’s substantive<br />
legal rights.<br />
Teixeira equally recognized the importance of personal testimony for establishing<br />
property claims. He immediately sought to marshal together testimony favoring Lisboa’s<br />
claim, as well as undermine the credibility of Prado Lima’s numerous witnesses. Teixeira<br />
traveled widely. He took depositions from the neighboring towns of Uruguaiana and São<br />
Gabriel. He further arranged for the local judge to travel to the disputed lands in order to<br />
better determine the boundaries in question. At the same time, Teixeira accused Prado<br />
Lima’s witnesses of bias. He argued that three of the men called to testify possessed a direct<br />
financial stake in the outcome of the proceeding. In addition, Teixeira noted that several of<br />
the witnesses were Prado Lima’s relatives. This, combined with their vague testimony as to<br />
the property’s true boundaries, compelled the court to discredit it. Collectively, Teixeira’s<br />
efforts aimed not only to demonstrate Lisboa’s property rights, but also publicly manifest the<br />
numerous webs of reciprocal connections between the Ribeiros and important vizinhos<br />
throughout the borderlands. The case was as much about demonstrating political power as<br />
securing substantive rights. 130<br />
For the moment, however, Prado Lima’s allies stood firm. The trial court noted that<br />
all of Prado Lima’s witnesses’ testimony, although occasionally vague, was consistent. It<br />
further found Prado Lima’s witnesses persuasive. The court wrote that the “ages, wealth,<br />
and character of the same, are additional proof to guarantee the facts regarding<br />
possession.” 131 Reflecting the substantial resources at his disposal, Teixeira appealed the case<br />
to Porto Alegre and then to the Tribunal de Relações in Rio de Janeiro. Both courts confirmed<br />
<br />
130 Doña Francisca Oliveira Lisboa c. Joaquim dos Santos Prado Lima, 41; 185-206.<br />
131 Ibid., 24bis.<br />
210 <br />