“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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the Brazilians satisfy a list of new conditions that the Uruguayan merchant argued were necessary to address the increased risk associated with the transaction. First, Guarch now demanded that the cattle be provided before he sent the supplies across the border into Brazil. He further requested that the Brazilians tender the cattle across the border in the Estado Oriental. He indicated that he could not cross the border safely given the conditions in the neighboring republic. In short, Guarch used the fact of Ribeiro’s defection to exact a better deal from his embattled trading partners. At the same time, however, Guarch also used the negotiations over the Ribeiro contract to seek help from Brazilian officials in the Alegrete courts. In particular, Guarch drafted a letter to Almeida requesting that he intervene on his behalf by issuing a summons to Manoel José de Carvalho to appear in court. Recall that Carvalho purchased land from Domingos Vázquez in northern Uruguay, agreeing to make two annual payments. Carvalho had made the first payment, funneling the money through Fructuoso Rivera in 1837. Guarch now demanded Carvalho answer charges that he had defaulted on the second one. The previous month, Guarch had traveled to Alegrete. He had requested that Carvalho tender the remaining balance on the property plus interest. According to Guarch, when he appeared in Alegrete: It was not possible to obtain any result and given this fact I found it necessary to present to the Honorable juiz de direito of that town the demand [carta precatória] that I have attached for Your Excellency; however, I shortly had to abandon this project because the only judge was the municipal, Araújo, brother of Carvalho’s son-in-law, and given the state of things, in entering into said suit I was certain that I could place a stone over him and not obtain any result at all. 44 Guarch requested that Almeida ensure that he could obtain justice in the matter by appointing an impartial judge. By doing so, the Uruguayan turned to the same factional ties                                                          44 CV-5122 (November 10, 1840).   84   
that he had employed to first arrange the original land transaction in order to secure a verdict against Carvalho. Guarch did so at a moment of maximum leverage because Almeida no doubt recognized that Guarch could walk away from the commercial contract given Ribeiro’s defection. Put differently, Guarch indicated that legal protection from Almeida and others across the border in various local fora was a precondition for continuing commercial relationships. Guarch maintained his merchant business by carefully exploiting his leverage within reciprocal relationships like the one with Almeida to protect his legal rights. When Oribe defeated Rivera and seized control of the Uruguayan borderlands in 1843, these reciprocal ties across the border again proved vital to maintaining Guarch’s and Picant’s trading operations. We have already seen how Guarch shifted his overland commerce to the Uruguay River in order to maintain his connections with the Brazilians. Guarch further used these trading relationships to bolster his faction’s political position by supporting the correntino opposition to Rosas. When the Farrapos conflict ended in 1845, Guarch and Picant took advantage of the stability across the border to seek assistance from prominent Brazilians to recover debts for commercial transactions back in the Estado Oriental. In 1846, Picant wrote to Joaquim dos Santos Prado Lima, a local rancher and former police chief under the Farrapos in Alegrete. Prado Lima now served as Alegrete’s juiz municipal. In his letter, Picant requested help in recovering nearly 5,000 patacones from Eduardo Fernandez. Fernandez was another Uruguayan merchant engaged in overland transactions with Brazilian ranchers during the Farrapos War. According to Picant, Fernandez had received more than 7,000 head of cattle from him in connection with his commercial dealings with the Farrapos. After Oribe’s victory, however, Fernandez refused to make payment. This refusal perhaps reflected the fact that Fernadez’s own commercial   85   
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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
Page 43 and 44: ivers, deserts and a few vagrant an
Page 45 and 46: defend its possessions, peninsular
Page 47 and 48: They requested that the Junta appoi
Page 49 and 50: manufactured products for the Andea
Page 51 and 52: The Paraguayan government proposed
Page 53 and 54: Montevideo in January of 1811, he i
Page 55 and 56: Ríos. From there, he continued to
Page 57 and 58: easoning. 25 They had rejected the
Page 59 and 60: military headquarters along the ban
Page 61 and 62: sovereignty rooted in borderlands p
Page 63 and 64: Artigas’ defeat did not spell the
Page 65 and 66: economy. By 1822, the powerful merc
Page 67 and 68: universal laws that would further r
Page 69 and 70: Pedro abdicated the throne in 1831,
Page 71 and 72: CHAPTER 2 THE (RE)EMERGENCE OF BORD
Page 73 and 74: operate throughout the borderlands
Page 75 and 76: and staple exports instead of the o
Page 77 and 78: Ríos in particular witnessed a dra
Page 79 and 80: goods as far north as the cities of
Page 81 and 82: simmering struggles. By 1840, local
Page 83 and 84: merchants, traders and landowners.
Page 85 and 86: earning the faction’s colorado ti
Page 87 and 88: Guarch’s deal with Carvalho revea
Page 89 and 90: web of reciprocal relationships tha
Page 91 and 92: the border in Brazil. In this way,
Page 93: In short, over the course of a deca
Page 97 and 98: opposite direction from Porto Alegr
Page 99 and 100: Pinto sought to have the property d
Page 101 and 102: dealings with Vázquez and the Carv
Page 103 and 104: Ríos or by ship to Montero’s out
Page 105 and 106: alliances with the blancos to open
Page 107 and 108: connections up and down the river t
Page 109 and 110: With his money now in limbo and his
Page 111 and 112: honorable merchant. His associates
Page 113 and 114: meant more than establishing a docu
Page 115 and 116: Uruguaiana and Salto. 80 Chaves and
Page 117 and 118: complex laws “that they only unde
Page 119 and 120: were considered suspect, particular
Page 121 and 122: status. Public recognition of one
Page 123 and 124: They reasoned that “one has to re
Page 125 and 126: unanimous and respected testimony o
Page 127 and 128: powerful figures like Urquiza, depe
Page 129 and 130: CHAPTER 3 SOVEREIGN CONFLICTS THE R
Page 131 and 132: conflicts between peripheral ranche
Page 133 and 134: further agreed to provide payments
Page 135 and 136: Sosa almost immediately responded.
Page 137 and 138: funds, the imperial government took
Page 139 and 140: Throughout the early 1830s, the Uru
Page 141 and 142: Fernandes Braga, the provincial pre
Page 143 and 144: 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
Page 251 and 252:
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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Republic over issues of rivertine t
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his cattle in 1858. 79 Recall also
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of warfare in the borderlands furth
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In effect, he hoped to exchange loy
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guarantee their commercial relation
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governments in Montevideo and Brazi
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nineteen in the provincial militia
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authority to contain the more radic
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captured the city of Corrientes. To
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Urquiza struggled to reorganize his
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attle in March of 1870. 29 By the e
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The national government sent an “
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the reciprocal trading relationship
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splintered into “traditional” a
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country’s ranching elites. In res
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these absurd and unwarranted charge
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protect “the development of those
Page 335 and 336:
police forces to better protect cat
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conspiracies, the steady stream of
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matter was overblown and that repor
Page 341 and 342:
CHAPTER 8 NEGOTIATING NATIONS ALTHO
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Local Legal Practices and National
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pointed link between the “honor
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personal interests, Guarch’s fact
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Guarch first sought to tip the scal
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following the order designated by t
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history in 1877. 24 Salto’s first
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twenty-five peso fine. 29 Leal prom
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serves?” 36 He continued: “Does
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abuses “no doubt flowed from the
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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
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with his son-in-law Alexander da Cr
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not only to affirm these local find
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olster the positions of important l
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CONCLUSION IN 1887, THE GREAT URUGU
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elationships and secure local court
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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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