“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ... “MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...
Mr. Guarch attempts to have Your Excellency interfere in these questions so as to adopt resolutions that he finds more appropriate [conveniente]. But, you cannot legally do such a thing. Your Excellency cannot advocate for the hearing and decision of suits that are pending before the Courts and which are within their exclusive competence. 23 The fiscal’s letter made clear that the national government would not directly intervene in the dispute. They would leave the matter up to local judicial officials. For Guarch and Falcon, the outcome no longer was in doubt. They dropped their pending claims before Mendoza in Salto rather than litigating them. Guarch subsequently resigned from the JEA. Guimaraens and his allies had successfully asserted their power to determine property rights within Salto’s jurisdiction. In the process, they enhanced their personal and political reputation in the town. The local political struggle between Guarch and Guimaraens had been momentarily resolved. However, the negotiations over the balance between local autonomy and centralized authority occurring in Salto’s courtrooms around the case only intensified throughout the mid-1870s. At first glance, that relationship appeared to be tilting inevitably towards national authorities in Montevideo. Latorre’s 1876 military coup in particular appeared to mark a fundamental shift in the relationship between the central government and its northern peripheries. Latorre’s rise indeed reflected the growing role of the national military in Uruguayan politics. Legal reforms also played a prominent role in Latorre’s program. He promoted the professionalization of the rural judiciary. He also established departmental judges with legal training [jueces letrados] for the first time in the Republic’s 23 Ibid. 342
history in 1877. 24 Salto’s first juez letrado, Juan Gil, arrived that same year. After a short stay, Leandro Arteagada replaced Gil as the top judicial official in Salto’s department. 25 A closer inspection of Arteagada’s two-year judicial administration in Salto, however, complicates this picture of Latorre’s neat “nationalization” of the judiciary. Arteagada unquestionably represented the authority of the national government in the town. At the same time, the local courts over which he presided remained predominantly fora for local elites to protect their personal reputations and in the process adjudicate their continued authority over property rights. Arteagada’s arrival provided local and national officials with a platform to work out the terms of their relationship. It also revealed the continuing power of aspects of borderlands legalities to define their respective spheres of influence. What had changed was that now the central government had a designated judicial official present to ratify the winners. This raised the stakes in these judicial battles further. It forced each side to channel even more energy into their judicial struggles. It also signaled a shift in the direction of Salto’s legal politics. Judicial struggles now aimed to influence not only local opinion, but also win ratification from the national government in Montevideo. Borderlands legalities persisted, but in a form that incorporated national politics into local equations. The smoldering struggles among the members of the JEA and other prominent local elites over the Raffo affair seemed to reignite upon Arteagada’s arrival. This time the conflict began over the operation of the city’s stockyards. Tomas Leal possessed a contract with the town to run the facility. Leal equally had relationships with various ranchers in the surrounding countryside. He was also a political ally of Miguel Forteza and Emilio Thevenet 24 Juan E. Pivel Devoto and Alcira Ranieri de Pivel Devoto, El Uruguay a Fines del Siglo XIX (Montevideo: Editorial Medina, 1973), 37. 25 D. José Maria Guerra c. D. Atanasildo Saldaña por cobre de pesos, AGN-SJ. Salto. Letrados, n. 2 (1876). This is the first case in Salto’s judicial records heard by a juez letrado del departamento. 343
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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
Mr. Guarch attempts to have Your Excellency interfere in these questions so as to<br />
adopt resolutions that he finds more appropriate [conveniente]. But, you cannot legally<br />
do such a thing. Your Excellency cannot advocate for the hearing and decision of<br />
suits that are pending before the Courts and which are within their exclusive<br />
competence. 23<br />
The fiscal’s letter made clear that the national government would not directly intervene in the<br />
dispute. They would leave the matter up to local judicial officials. For Guarch and Falcon,<br />
the outcome no longer was in doubt. They dropped their pending claims before Mendoza in<br />
Salto rather than litigating them. Guarch subsequently resigned from the JEA. Guimaraens<br />
and his allies had successfully asserted their power to determine property rights within<br />
Salto’s jurisdiction. In the process, they enhanced their personal and political reputation in<br />
the town.<br />
The local political struggle between Guarch and Guimaraens had been momentarily<br />
resolved. However, the negotiations over the balance between local autonomy and<br />
centralized authority occurring in Salto’s courtrooms around the case only intensified<br />
throughout the mid-1870s. At first glance, that relationship appeared to be tilting inevitably<br />
towards national authorities in Montevideo. Latorre’s 1876 military coup in particular<br />
appeared to mark a fundamental shift in the relationship between the central government<br />
and its northern peripheries. Latorre’s rise indeed reflected the growing role of the national<br />
military in Uruguayan politics. Legal reforms also played a prominent role in Latorre’s<br />
program. He promoted the professionalization of the rural judiciary. He also established<br />
departmental judges with legal training [jueces letrados] for the first time in the Republic’s<br />
<br />
23 Ibid.<br />
342 <br />
<br />