front cover of Judge and Jury in Imperial Brazil, 1808–1871
Judge and Jury in Imperial Brazil, 1808–1871
Social Control and Political Stability in the New State
By Thomas Flory
University of Texas Press, 1981

In nineteenth-century Brazil the power of the courts rivaled that of the central government, bringing to it during its first half century of independence a stability unique in Latin America. Thomas Flory analyzes the Brazilian lower-court system, where the private interests of society and the public interests of the state intersected.

Justices of the peace—lay judges elected at the parish level—played a special role in the early years of independence, for the post represented the triumph of Brazilian liberalism’s commitment to localism and decentralization. However, as Flory shows by tracing the social history and performance of parish judges, the institution actually intensified conflict within parishes to the point of destabilizing the local regime and proved to be so independent of national interests that it all but destroyed the state.

By the 1840s the powers of the office were passed to state appointees, particularly the district judges. Flory recognizes these professional magistrates as a new elite who served as brokers between the state and the poorly articulated landowner elite, and his account of their rise reveals the mechanisms of state integration.

In focusing on the judiciary, Flory has isolated a crucial aspect of Brazil’s early history, one with broad implications for the study of nineteenth-century Latin America as a whole. He combines social, intellectual, and political perspectives—as well as national-level discussion with scrutiny of parish-level implementation—and so makes sense of a complicated, little-studied period. The study clearly shows the progression of Brazilian social thought from a serene liberal faith in the people as a nation to an abiding, very modern distrust of that nation as a threat to the state.

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front cover of Wabanaki Homeland and the New State of Maine
Wabanaki Homeland and the New State of Maine
The 1820 Journal and Plans of Survey of Joseph Treat
Micah A. Pawling
University of Massachusetts Press, 2017
In late September 1820, hoping to lay claim to territory then under dispute between Great Britain and the United States, Governor William King of the newly founded state of Maine dispatched Major Joseph Treat to survey public lands on the Penobscot and Saint John Rivers. Traveling well beyond the limits of colonial settlement, Treat relied heavily on the cultural knowledge and expertise of John Neptune, lieutenant governor of the Penobscot tribe, to guide him across the Wabanaki homeland. Along the way Treat recorded his daily experiences in a journal and drew detailed maps, documenting the interactions of the Wabanaki peoples with the land and space they knew as home.

Edited, annotated, and with an introduction by Micah Pawling, this volume includes a complete transcription of Treat's journal, reproductions of dozens of hand-drawn maps, and records pertaining to the 1820 treaty between the Penobscot Nation and the governing authorities of Maine. As Pawling points out, Treat's journal offers more than the observations of a state agent conducting a survey. It re-creates a dialogue between Euro-Americans and Native peoples, showing how different perceptions of the land were negotiated and disseminated, and exposing the tensions that surfaced when assumptions and expectations clashed. In large part because of Neptune's influence, the maps, in addition to detailing the location of Wabanaki settlements, reflect a river-oriented Native perspective that would later serve as a key to Euro-American access to the region's interior.

The groundwork for cooperation between Treat and Neptune had been laid during the 1820 treaty negotiations, in which both men participated and which were successfully concluded just over a month before their expedition departed from Bangor, Maine. Despite conflicting interests and mutual suspicions, they were able to work together and cultivate a measure of trust as they traveled across northern Maine and western New Brunswick, mapping an old world together while envisioning its uncertain future.
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