“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
possessed some 3,500 head of cattle along the Arapey River in the Estado Oriental. Oribe’s defeat of the colorados and the subsequent invasion of the Uruguayan countryside “forced him to move himself and his family to [Rio Grande do Sul] on account of the civil discords of that state.” 141 Lima alleged that da Silva then began taking advantage of his forced absence to “lay his hands on said cattle without [his] permission or approval.” 142 In 1848, however, Lima decided to challenge da Silva’s “theft” in the Uruguayan courts. In typical borderlands fashion, Lima drew upon local allies to sustain his claim. Lima turned to Francisco Estolle, a merchant from Concordia, Entre Ríos, to prosecute his case against da Silva in Salto. Lima granted a power of attorney to Estolle in 1848. Lima’s choice in a legal representative reflected the political calculations that necessarily went into securing property rights. Established just across the Uruguay River from Salto, Estolle possessed close personal ties not only to town’s merchant community, but also to blanco officials on both sides of the border. Estolle had used these connections to amass land in Salto with the help Gregorio Blanes and other prominent blancos in the town in 1849. 143 Lima must have felt that Estolle’s political ties to the dominant blanco faction could make a difference in vindicating his legal rights. Estolle immediately went to work. He appeared before the juez de paz in Salto in order to compel da Silva to answer charges. Da Silva and Estolle then proceeded to negotiate a settlement. The agreement granted Lima the rights to remove some 3,500 head 141 Ibid., 6. 142 Ibid., 6-6bis. 143 For Estolle’s land transactions in Salto, see AGN. Administrativo. Salto: Denuncias de Solares, 1833-1849. Libro 569, No. 60 (1849). Shifting political fortunes for his allies brought Estolle’s property in the Estado Oriental into question by the 1850s, resulting in several rounds of litigation against him. See, e.g., La morena Maria Artigas c. Don Francisco Estolle sobre un terreno, AGN-SJ. Salto. Letrados Civiles, No. 8 (1858); Don Manuel Cayres en representacion de D. Antonio Breyo c. Don Francisco Estolle por cobro de pesos, AGN-SJ. Salto. Letrados Civiles, No. 19 (1865). 216
of cattle from the da Silva’s lands, provided that he do so within three months. Upon learning of the settlement, Lima was outraged. Lima claimed that blanco control of the countryside made it impossible for him to remove any cattle from the lands in question, much less within the three months designated by the agreement. Lima stated bluntly: “as soon as I learned of the agreement, knowing it could not be executed, I refused to accept it before fully protesting against such an absurd and grievous contract.” 144 He argued that he had only granted Estolle the authority to seek recovery of his lands and property across the border. Estolle did not possess the power to enter into any settlements designed solely to ratify da Silva’s illegal conduct. Lima claimed that Estolle and da Silva had essentially colluded with blanco officials to abscond with his property. Lima then worked to void the Salto settlement back across the border in Brazil. Lima obtained a decree from subdelegado de policía in Santana do Livramento in 1854 declaring the settlement illegal and da Silva liable for the theft of Lima’s cattle. In his pleadings in the later Alegrete case, Lima again attacked the settlement as illegal, stating: “it is clear that the respondent’s warhorse, the settlement, was obtained only through an insidious ruse.” 145 Lima appeared to have a strong case. Blanco misconduct towards Brazilian ranchers across the border was a familiar and persuasive theme in the courts throughout the Brazilian borderlands. He had had no trouble obtaining a judicial decree in Santana do Livramento linking da Silva to fraudulent transactions across the border. As the case evolved, however, the factional conflicts between the Ribeiros and Canabarro in Alegrete began to influence the dispute over property rights across the border in the Estado Oriental. Lima’s initial appearance in Santana do Livramento was no accident. 144 Manoel de Almeida Lima c. Manoel Rodrigues da Silva, 7. 145 Ibid., 92bis. 217
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possessed some 3,500 head of cattle along the Arapey River in the Estado Oriental. Oribe’s<br />
defeat of the colorados and the subsequent invasion of the Uruguayan countryside “forced<br />
him to move himself and his family to [Rio Grande do Sul] on account of the civil discords<br />
of that state.” 141 Lima alleged that da Silva then began taking advantage of his forced<br />
absence to “lay his hands on said cattle without [his] permission or approval.” 142<br />
In 1848, however, Lima decided to challenge da Silva’s “theft” in the Uruguayan<br />
courts. In typical borderlands fashion, Lima drew upon local allies to sustain his claim.<br />
Lima turned to Francisco Estolle, a merchant from Concordia, Entre Ríos, to prosecute his<br />
case against da Silva in Salto. Lima granted a power of attorney to Estolle in 1848. Lima’s<br />
choice in a legal representative reflected the political calculations that necessarily went into<br />
securing property rights. Established just across the Uruguay River from Salto, Estolle<br />
possessed close personal ties not only to town’s merchant community, but also to blanco<br />
officials on both sides of the border. Estolle had used these connections to amass land in<br />
Salto with the help Gregorio Blanes and other prominent blancos in the town in 1849. 143<br />
Lima must have felt that Estolle’s political ties to the dominant blanco faction could make a<br />
difference in vindicating his legal rights.<br />
Estolle immediately went to work. He appeared before the juez de paz in Salto in<br />
order to compel da Silva to answer charges. Da Silva and Estolle then proceeded to<br />
negotiate a settlement. The agreement granted Lima the rights to remove some 3,500 head<br />
<br />
141 Ibid., 6.<br />
142 Ibid., 6-6bis.<br />
143 For Estolle’s land transactions in Salto, see AGN. Administrativo. Salto: Denuncias<br />
de Solares, 1833-1849. Libro 569, No. 60 (1849). Shifting political fortunes for his allies<br />
brought Estolle’s property in the Estado Oriental into question by the 1850s, resulting in<br />
several rounds of litigation against him. See, e.g., La morena Maria Artigas c. Don Francisco<br />
Estolle sobre un terreno, AGN-SJ. Salto. Letrados Civiles, No. 8 (1858); Don Manuel Cayres en<br />
representacion de D. Antonio Breyo c. Don Francisco Estolle por cobro de pesos, AGN-SJ. Salto.<br />
Letrados Civiles, No. 19 (1865).<br />
216 <br />