“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
The jury’s verdict represented a victory for Guarch and his allies in their struggle to establish their personal authority over the town’s civil institutions. In essence, the verdict ratified their status as members of the local merchant and political community. They were honorable vecinos, not speculative outsiders and criminals. They deserved a voice in deciding the local allocation of property rights in Salto’s courts. At the same time, however, this did not ensure Guarch and his allies victory in their broader struggle to control the JEA. The alcalde ordinario assigned to hear Falcon’s claims, Bernabé Mendoza, was Guimaraens’ political ally. 14 Guimaraens also still appeared to possess the support of the bulk of the local merchant community. The struggle between Guarch’s and Guimaraens’ respective factions to define their places in the community had followed the familiar script of local legal politics in the borderlands. With their dispute hanging in the balance, each side now aggressively sought to manipulate national authorities in order to bolster their local positions. This was not unprecedented either. Recall that Canabarro and the Ribeiros had occasionally petitioned the provincial government for aid in their legal struggles. What was different now was the extent to which national authorities became involved in the conflict. Defining the terms of this involvement and securing it in support of competing local interests became the central front in the town’s legal struggles. 14 One at least one occasion, Mendoza used his judicial post to directly assist Guimaraens. Specifically, during the 1876 probate proceeding over the estate of Manoel Ferriera Bica, Mendoza arranged for an expedited proceeding that resulted in a verdict favorable to Guimaraens and his family’s claims on the estate. This apparently resulted in the cancellation of several significant claims by creditors. Emilio Thevenet later reopened the proceeding, awarded some 400 pesos to Mauricio Castagnet, and ordered investigations of other claims. D. Mauricio Castagnet c. La sucesion de D. Manuel Ferreira Bica, por cobro de pesos. AGN-SJ. Salto. Letrados Civiles, n. 23 (1876). 338
Guarch first sought to tip the scales in his favor through direct appeals to the government in Montevideo. Even before the civil trial between Falcon and Raffo commenced, he petitioned national authorities to intervene in the matter on his behalf. Guarch drafted an open letter to Saturnino Alvarez, the Interior Minister in José Elluari’s colorado government. Guarch detailed the growing dispute among the JEA members. Guarch also emphasized the illegal practices by the other members of the JEA. Guarch stressed that the decision in Raffo’s favor did not occur in a regular proceeding, but rather in a private meeting at Guimaraens’ house. He argued that such a “disposition, dictated in the midst of mysterious shadows, was improper.” 15 Guarch requested that national officials intervene in the matter by sending a special prosecutor [fiscal] “to hear this particular matter and in such way end the litigation that the mistakes by the Honorable Junta has engendered.” Guarch concluded his letter by noting that the favoritism on the JEA not only undermined the law, but also state finances. He argued: “the Government has spent large sums of money to provide lands for the ejido and small farms for this city, but these [programs] for the most part have not been carried out pursuant to the current laws.” The national government had to intervene to ensure that “condemnable favoritism” did not trump the public good. 16 Guimaraens drafted a response to Guarch shortly after the jury issued its verdict against Gomez in the Larrondo proceeding. Guimaraens began by noting that the JEA’s actions had aimed only to avoid “a venomous affair between vecinos” and that their fears had 15 Agustín Guarch al Sor. Ministro de Gobierno Dr. D. Saturnino Alvarez, AGN. Sección Administrativa. Salto: Junta Económico-Administrativa. Caja 1865-1874 (August 28, 1874). 16 Ibid. 339
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- Page 385 and 386: Cárcano, Ramón J. Guerra del Para
- Page 387 and 388: Flores, Mariana Flores da Cunha Tho
- Page 389 and 390: Lasso, Marixa. Myths of Harmony: Ra
- Page 391 and 392: Piccolo, Helga I. L. "A Política R
- Page 393 and 394: Schultz, Kirsten. Tropical Versaill
Guarch first sought to tip the scales in his favor through direct appeals to the<br />
government in Montevideo. Even before the civil trial between Falcon and Raffo<br />
commenced, he petitioned national authorities to intervene in the matter on his behalf.<br />
Guarch drafted an open letter to Saturnino Alvarez, the Interior Minister in José Elluari’s<br />
colorado government. Guarch detailed the growing dispute among the JEA members.<br />
Guarch also emphasized the illegal practices by the other members of the JEA. Guarch<br />
stressed that the decision in Raffo’s favor did not occur in a regular proceeding, but rather in<br />
a private meeting at Guimaraens’ house. He argued that such a “disposition, dictated in the<br />
midst of mysterious shadows, was improper.” 15 Guarch requested that national officials<br />
intervene in the matter by sending a special prosecutor [fiscal] “to hear this particular matter<br />
and in such way end the litigation that the mistakes by the Honorable Junta has engendered.”<br />
Guarch concluded his letter by noting that the favoritism on the JEA not only undermined<br />
the law, but also state finances. He argued: “the Government has spent large sums of<br />
money to provide lands for the ejido and small farms for this city, but these [programs] for<br />
the most part have not been carried out pursuant to the current laws.” The national<br />
government had to intervene to ensure that “condemnable favoritism” did not trump the<br />
public good. 16<br />
Guimaraens drafted a response to Guarch shortly after the jury issued its verdict<br />
against Gomez in the Larrondo proceeding. Guimaraens began by noting that the JEA’s<br />
actions had aimed only to avoid “a venomous affair between vecinos” and that their fears had<br />
<br />
15 Agustín Guarch al Sor. Ministro de Gobierno Dr. D. Saturnino Alvarez, AGN. Sección<br />
Administrativa. Salto: Junta Económico-Administrativa. Caja 1865-1874 (August 28, 1874).<br />
16 Ibid.<br />
339 <br />
<br />