“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
Now facing an impasse in Uruguay, Lima turned to Canabarro for assistance in resolving the matter in his favor. This was a common practice. Canabarro heard petitions from a number of Brazilians seeking to vindicate disputed legal rights across the border in Uruguay. Canabarro’s military command and vast ranchlands were in located in border town. 146 Although the records of the Santana do Livramento proceeding unfortunately did not accompany the case, it is all but certain that the police official there was Canabarro’s ally and subordinate. In typical borderlands fashion, da Silva confronted Canabarro’s involvement by equally drawing upon his ties to the Ribeiros in Alegrete. The appearance of Mathias Teixeira on da Silva’s behalf again signaled the Ribeiro faction’s interest in the cross-border litigation. Teixeira’s first act in the case was to argue that the Alegrete court did not need to consider the Canabarro-arranged Santana do Livramento order because police officials there lacked jurisdiction in the matter. 147 Lima’s efforts to enforce the Santana do Livramento decision also reveal how factional politics in Alegrete impacted his cross-border property dispute. Rather than bring his claim against da Silva in Alegrete’s jurisdiction, Lima avoided the courts there and traveled to São Gabriel, Brazil. Appearing before a juiz de paz, Lima attempted to compel payment from da Silva by bringing criminal charges against him. Given Lima’s careful selection of a friendly forum for his criminal complaint, it was not surprising that he successfully obtained a judgment finding da Silva guilty of larceny for his activities in Uruguay. Teixeira responded by drafting a letter to the provincial president demanding that the action be withdrawn. Teixeira argued: 146 Caggiani, David Canabarro. 147 Manoel de Almeida Lima c. Manoel Rodrigues da Silva, 93-93bis. 218
[Lima] contracted with an untrained and poorly educated official, which he promised to pay a significant share of the proceeds of his case. The supposed lawyer understood that frightening the Respondent [da Silva] with the prospect of a criminal proceeding could, as the French say, make him ‘sing’ [cantar]. 148 Teixeira further published a letter in the Porto Alegre newspaper O Mercantil, commenting that the provincial government “should not tolerate these abuses of the law, insolently attacking the sacred rights of a persecuted citizen.” 149 Teixeira demanded that the case be “remanded to the Honorable juiz do direito da comarca.” 150 This meant ordering the case back to the Alegrete courts where he could better influence the proceedings. Teixeira’s direct appeal to officials in Porto Alegre also represented another strategic move on the attorney’s part to connect his faction’s protection of local property claims to the broader webs of provincial politics. Teixeira could accomplish two things by appealing to the provincial government. First, he once again framed his own faction’s conduct as explicitly legal. He juxtaposed the Ribeiros’ actions against the coercive practices of Canabarro’s allies. Teixeira could use the proceeding to communicate a consistent narrative to the provincial government that his faction promised the best possibility of maintaining order in the borderlands. Second, the letter also exploited the Ribeiro supported Contra- Liga’s increasingly dominant position in provincial politics. The case provided the provincial president with an easy opportunity to express his support for the dominant faction in both the legislature and in the borderlands by acknowledging their legal right to resolve the dispute. In turn, by obtaining an order remanding the case to the Alegrete courts, Teixeira could emphasize his faction’s ability to dispense justice and resolve property disputes in their allies’ favor. Given these circumstances, it is not surprising that the government agreed with Teixeira’s argument that the police order and criminal sentence were illegitimate and 148 Ibid., 103. 149 Ibid., O Mercantil, Ano V, No. 35 (February 10, 1854) included with the case. 150 Ibid., 103. 219
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- Page 237 and 238: assistance, Garces won her case aga
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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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Now facing an impasse in Uruguay, Lima turned to Canabarro for assistance in resolving the<br />
matter in his favor. This was a common practice. Canabarro heard petitions from a number<br />
of Brazilians seeking to vindicate disputed legal rights across the border in Uruguay.<br />
Canabarro’s military command and vast ranchlands were in located in border town. 146<br />
Although the records of the Santana do Livramento proceeding unfortunately did not<br />
accompany the case, it is all but certain that the police official there was Canabarro’s ally and<br />
subordinate. In typical borderlands fashion, da Silva confronted Canabarro’s involvement<br />
by equally drawing upon his ties to the Ribeiros in Alegrete. The appearance of Mathias<br />
Teixeira on da Silva’s behalf again signaled the Ribeiro faction’s interest in the cross-border<br />
litigation. Teixeira’s first act in the case was to argue that the Alegrete court did not need to<br />
consider the Canabarro-arranged Santana do Livramento order because police officials there<br />
lacked jurisdiction in the matter. 147<br />
Lima’s efforts to enforce the Santana do Livramento decision also reveal how<br />
factional politics in Alegrete impacted his cross-border property dispute. Rather than bring<br />
his claim against da Silva in Alegrete’s jurisdiction, Lima avoided the courts there and<br />
traveled to São Gabriel, Brazil. Appearing before a juiz de paz, Lima attempted to compel<br />
payment from da Silva by bringing criminal charges against him. Given Lima’s careful<br />
selection of a friendly forum for his criminal complaint, it was not surprising that he<br />
successfully obtained a judgment finding da Silva guilty of larceny for his activities in<br />
Uruguay.<br />
Teixeira responded by drafting a letter to the provincial president demanding that the<br />
action be withdrawn. Teixeira argued:<br />
<br />
146 Caggiani, David Canabarro.<br />
147 Manoel de Almeida Lima c. Manoel Rodrigues da Silva, 93-93bis.<br />
218 <br />