“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
colorado allies played upon these fears. They actively courted an imperial intervention to maintain their cross-border economic system and their access to the slave labor necessary to operate it. Eventually, the Brazilian army, along with Urquiza’s forces from the Argentine Littoral, combined to defeat Rosas and Oribe in just a few short months. 14 Although the colorados had triumphed, they did so by surrendering substantial elements of Uruguayan sovereignty to the advancing Brazilians. In exchange for imperial support, the colorado government acceded to a host of demands from Brazilian ranchers by ratifying five treaties in October of 1851. Particularly important was the Extradition Treaty, which guaranteed the return of “fugitive” Brazilian slaves to their masters. 15 Collectively, the 1851 Treaties represented an unequivocal triumph for the Brazilian ranchers. The agreements effectively ensured Brazilian political and economic dominance over its smaller neighbor. 16 The riograndense elite had once again redrawn sovereign lines around the borderlands political community to secure their economic rights and ensure labor discipline. Yet, the success of ranchers did not spell the end of debates over sovereignty or over the boundaries of Brazilian slave law. Such disputes shifted from the battlefield to borderlands courtrooms over the next two decades as slaves renewed efforts to forge their freedom in a series of legal cases in which citizenship, sovereignty and factional conflicts tightly intertwined. “When [we] returned to Brazil, he treated [me] like a slave” With the end of the Guerra Grande bringing renewed assertions of imperial influence over the borderlands, fugitive slaves had to confront new and aggressive arguments that 14 Barrán, Apogeo y Crisis, 40-41. 15 Pivel Devoto and Ranieri de Pivel Devoto, La Guerra Grande. 16 Luiz Alberto Moniz Bandeira, La Formación de Los Estados en la Cuenca del Plata: Argentina, Brasil, Uruguay, Paraguay (Buenos Aires: Grupo Ed. Norma, 2006), 164. 264
Brazilian slave laws followed them into Uruguay and rendered their flight to freedom meaningless. At the same time, the economic devastation caused by the war and the constant threat of Brazilian intervention (and even annexation) led Uruguayan leaders to embark on a concerted effort to end factional violence and channel conflicts into legal venues. The old factional rivalries between the blancos and colorados, however, had quickly reemerged around borderlands courthouses. The intervention by powerful Brazilians like David Canabarro in numerous property disputes across the border had further increased factional tensions. Throughout the 1850s, persons of color moved to exploit these local and national fault lines among elites to secure their freedom. In the process, they sharpened conflicts over national sovereignty. 17 Returning to Pedro’s claims to Uruguayan citizenship from the introduction, we can see the efforts of slaves to emphasize national divisions in the borderlands. We can equally see how the Azambujas’ response promoted an erosion of Uruguayan sovereignty. In asserting Uruguayan citizenship, Pedro emphasized how important the border, despite its innate porosity, was for his legal rights. He noted that he had frequently crossed the border with his purported master in the late 1840s and early 1850s in order to assist in removing cattle from the Estado Oriental. Each time, Geronimo’s treatment of him changed as they traveled across national and juridical boundaries. Pedro testified: “He paid [me] when we were on this side of the frontier line, during which time he treated [me] well, but afterwards when [we] returned to Brazil, he treated [me] like a slave.” 18 The practice continued until blanco officials intercepted one of Geronimo’s convoys and charged the Brazilian rancher with contraband. Rather than face the charges, Geronimo fled to Brazil. Pedro quickly took 17 Barrán and Nahum, Historia Rural del Uruguay Moderno, 60. 18 Información relativa al negro Pedro, reclamando como esclavo, 4bis-5. The original testimony is recorded by a scribe and therefore written in the third person. 265
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Brazilian slave laws followed them into Uruguay and rendered their flight to freedom<br />
meaningless. At the same time, the economic devastation caused by the war and the<br />
constant threat of Brazilian intervention (and even annexation) led Uruguayan leaders to<br />
embark on a concerted effort to end factional violence and channel conflicts into legal<br />
venues. The old factional rivalries between the blancos and colorados, however, had quickly<br />
reemerged around borderlands courthouses. The intervention by powerful Brazilians like<br />
David Canabarro in numerous property disputes across the border had further increased<br />
factional tensions. Throughout the 1850s, persons of color moved to exploit these local and<br />
national fault lines among elites to secure their freedom. In the process, they sharpened<br />
conflicts over national sovereignty. 17<br />
Returning to Pedro’s claims to Uruguayan citizenship from the introduction, we can<br />
see the efforts of slaves to emphasize national divisions in the borderlands. We can equally<br />
see how the Azambujas’ response promoted an erosion of Uruguayan sovereignty. In<br />
asserting Uruguayan citizenship, Pedro emphasized how important the border, despite its<br />
innate porosity, was for his legal rights. He noted that he had frequently crossed the border<br />
with his purported master in the late 1840s and early 1850s in order to assist in removing<br />
cattle from the Estado Oriental. Each time, Geronimo’s treatment of him changed as they<br />
traveled across national and juridical boundaries. Pedro testified: “He paid [me] when we<br />
were on this side of the frontier line, during which time he treated [me] well, but afterwards<br />
when [we] returned to Brazil, he treated [me] like a slave.” 18 The practice continued until<br />
blanco officials intercepted one of Geronimo’s convoys and charged the Brazilian rancher<br />
with contraband. Rather than face the charges, Geronimo fled to Brazil. Pedro quickly took<br />
<br />
17 Barrán and Nahum, Historia Rural del Uruguay Moderno, 60.<br />
18 Información relativa al negro Pedro, reclamando como esclavo, 4bis-5. The original testimony<br />
is recorded by a scribe and therefore written in the third person.<br />
265 <br />