“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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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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“MONSTROUS AND ILLEGAL PROCEEDING
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ABSTRACT This dissertation explores
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TABLE OF CONTENTS ABSTRACT iii ACKN
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ACKNOWLEDGEMENTS Like the wandering
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Upon returning to the United States
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INTRODUCTION IN EARLY 1828, A FRENC
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Juan Manuel de Rosas and Facundo Qu
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By moving between stories of law an
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in the continental interior. They d
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the fluid character of borderlands
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and geographic conceptions. Extendi
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local legal norms and practices in
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that has greatly expanded the space
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along rivertine trading corridors.
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strains articulated by men like Art
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Bringing the courts back into the s
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of borderlands leaders to negotiate
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Removing the old colonial order, ho
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the city remained a sparsely popula
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smugglers and other imperial outlaw
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Imperial Collapse and Fragmentation
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ivers, deserts and a few vagrant an
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defend its possessions, peninsular
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They requested that the Junta appoi
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manufactured products for the Andea
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The Paraguayan government proposed
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Montevideo in January of 1811, he i
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Ríos. From there, he continued to
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easoning. 25 They had rejected the
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military headquarters along the ban
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sovereignty rooted in borderlands p
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Artigas’ defeat did not spell the
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economy. By 1822, the powerful merc
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universal laws that would further r
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Pedro abdicated the throne in 1831,
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CHAPTER 2 THE (RE)EMERGENCE OF BORD
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operate throughout the borderlands
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and staple exports instead of the o
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Ríos in particular witnessed a dra
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goods as far north as the cities of
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simmering struggles. By 1840, local
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merchants, traders and landowners.
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earning the faction’s colorado ti
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Guarch’s deal with Carvalho revea
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web of reciprocal relationships tha
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the border in Brazil. In this way,
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In short, over the course of a deca
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that he had employed to first arran
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opposite direction from Porto Alegr
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Pinto sought to have the property d
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dealings with Vázquez and the Carv
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Ríos or by ship to Montero’s out
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alliances with the blancos to open
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connections up and down the river t
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With his money now in limbo and his
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honorable merchant. His associates
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meant more than establishing a docu
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Uruguaiana and Salto. 80 Chaves and
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complex laws “that they only unde
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were considered suspect, particular
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status. Public recognition of one
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They reasoned that “one has to re
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unanimous and respected testimony o
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powerful figures like Urquiza, depe
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CHAPTER 3 SOVEREIGN CONFLICTS THE R
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conflicts between peripheral ranche
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further agreed to provide payments
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Sosa almost immediately responded.
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funds, the imperial government took
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Throughout the early 1830s, the Uru
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Fernandes Braga, the provincial pre
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Frustrated by the lack of progress,
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cataloguing illegal property confis
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also provided prominent local elite
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As the 1850s dawned, the persistent
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traffic along the Uruguay. Rosas fi
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would order, they intend to be resp
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economic and political relationship
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fed back into broader political dis
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advance their visions for a new nat
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Estado Oriental and had fought at C
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Brazilian officials opened secret n
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The 1855 occupation reinvigorated e
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end political violence in the inter
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important) but also dealt with defi
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Ribeiros, Prado Lima possessed land
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move to Alegrete were unclear. Duri
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verification of filings in his foru
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“intimate friend and relative.”
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men. They were capable of protectin
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Nolasco and Vianna responded that t
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in 1834. Joaquim dos Santos Prado L
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Vital de Oliveira, securing his ele
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controlled the appointment of distr
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military control. By engaging in th
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faction’s strength. In particular
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mattered greatly to their own power
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the parties and the public, with ea
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matter, he was an outsider. Tristan
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Tristani then attempted to attack h
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litigation in Alegrete, questions o
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throughout the country that his wor
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his wife. He claimed that she “wa
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and the titles of each litigant in
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judgment declaring their rival’s
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CHAPTER 5 POLITICAL POWER AND PROPE
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property of Joaquim dos Santos Prad
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acknowledged by both court and poss
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Paulo, Sá Brito was one of the few
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Teixeira claimed that Prado Lima ha
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the trial court’s judgment. The c
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lands in question in 1833. The cour
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The appearance of testimony by Prad
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of cattle from the da Silva’s lan
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[Lima] contracted with an untrained
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that department, Colonel Diego Lama
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vizinho” in Alegrete’s courts o
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Brigadier Don David Canavarro . . .
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assistance, Garces won her case aga
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Brazil. Berro ended a decade of fre
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coexistence of these provincial and
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Urquiza’s efforts to placate his
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and elites now supported Urquiza’
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province within the national framew
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porteño cavalry at Cepeda and Pav
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The correntino merchants responded
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assembling witnesses (in this case,
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etween himself and Abendaño, howev
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complete the exchange, however, Bic
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side sought to dictate the distribu
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Bica had used commercial and politi
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The incident also revealed how impe
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positioned the Ribeiro faction to g
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Borderlands inhabitants in the earl
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neatly encapsulated the ongoing con
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for Brazilian ranchers. In the best
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anchers operating throughout the bo
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Brazilian slave laws followed them
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familial connections on the Brazili
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defined their respective places in
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supply his troops. 26 By the time o
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Brazilian masters that resulted in
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pursue further rights. They would p
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in the Estado Oriental. At the hear
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was also a personal enemy of Canaba
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part of a broader narrative of conf
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anything, Orientales.” 56 Gomez
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anchers, like that of local Uruguay
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“complete proof of oriental natio
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Uruguayan notaries. These included
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Page 303 and 304: his cattle in 1858. 79 Recall also
Page 305 and 306: of warfare in the borderlands furth
Page 307 and 308: In effect, he hoped to exchange loy
Page 309 and 310: guarantee their commercial relation
Page 311 and 312: governments in Montevideo and Brazi
Page 313 and 314: nineteen in the provincial militia
Page 315 and 316: authority to contain the more radic
Page 317 and 318: captured the city of Corrientes. To
Page 319 and 320: Urquiza struggled to reorganize his
Page 321 and 322: attle in March of 1870. 29 By the e
Page 323 and 324: The national government sent an “
Page 325 and 326: the reciprocal trading relationship
Page 327 and 328: splintered into “traditional” a
Page 329 and 330: country’s ranching elites. In res
Page 331 and 332: these absurd and unwarranted charge
Page 333 and 334: protect “the development of those
Page 335 and 336: police forces to better protect cat
Page 337 and 338: conspiracies, the steady stream of
Page 339 and 340: matter was overblown and that repor
Page 341 and 342: CHAPTER 8 NEGOTIATING NATIONS ALTHO
Page 343 and 344: Local Legal Practices and National
Page 345 and 346: pointed link between the “honor
Page 347 and 348: personal interests, Guarch’s fact
Page 349 and 350: Guarch first sought to tip the scal
Page 351: following the order designated by t
Page 355 and 356: twenty-five peso fine. 29 Leal prom
Page 357 and 358: serves?” 36 He continued: “Does
Page 359 and 360: abuses “no doubt flowed from the
Page 361 and 362: political allegiances. Within the f
Page 363 and 364: Operating within this relationship,
Page 365 and 366: By the dawn of the 1880s, national
Page 367 and 368: ejected this evidence, however, fin
Page 369 and 370: with his son-in-law Alexander da Cr
Page 371 and 372: not only to affirm these local find
Page 373 and 374: olster the positions of important l
Page 375 and 376: CONCLUSION IN 1887, THE GREAT URUGU
Page 377 and 378: elationships and secure local court
Page 379 and 380: economies to the forces of global c
Page 381 and 382: ARGENTINA ARCHIVES CONSULTED BIBLIO
Page 383 and 384: PUBLISHED PRIMARY AND SECONDARY MAT
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
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