Frontier Justice: State, Law, and Society in Patagonia, 1880-1940

Frontier Justice: State, Law, and Society in Patagonia, 1880-1940 By Javier Cikota A dissertation submitted in partial satisfaction of the requirement for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Margaret Chowning, Co-Chair Professor Mark A. Healey, Co-Chair Professor Brian DeLay Professor Laura Enríquez Summer 2017 Abstract Frontier Justice: State, Law, and Society in Patagonia, 1880-1940 by Javier Cikota Doctor of Philosophy in History University of California, Berkeley Professor Margaret Chowning, Co-Chair Professor Mark A. Healey, Co-Chair This dissertation examines the establishment of state institutions, the role of state agents, and the emergence of a self-conscious, municipally-based civil society in northern Patagonia in the six decades after it was conquered and incorporated into Argentina. In Patagonia, the Argentine government embarked on an ambitious project of forging a society from above, by creating new state institutions and encouraging new settlement. But these ambitions soon ran aground thanks to limited funding and political gridlock. What emerged instead was a ramshackle combination of authoritarian central administration with significant local autonomy that I call the “skeletal state.” Underfunded police officers, an overworked judiciary, and aloof governors made up the state presence in the frontier, with courts playing a central role as guarantors of social order. The “skeletal state” arrangement became remarkably resilient, as state agents proved flexible in overcoming scarce resources and institutional fragility, establishing legitimacy through legal action and ad-hoc extralegal responses to settler demands. The effectiveness of the “skeletal state” was intrinsically linked to the settler’s need for it, as both developed simultaneously. Chapter One details the establishment, interaction, and trajectory of state institutions, looking closely at how state agents learned to operate within and beyond the system’s constraints. Chapter Two looks at how local and regional authorities attempted to discipline and acculturate the surviving indigenous population of the region. Prejudices, suspicion, and exigency shaped how state agents treated individuals perceived as indigenous, even as they tolerated the survival of indigenous communities in remote rural areas. Chapter Three follows the arrival of immigrants from Chile, Europe, and the Middle East to northern Patagonia, tracing their settlement patterns and the uncertain process by which they resisted, subverted, and sometimes allied themselves with the state. Chapter Four centers on family conflicts to explore how private affairs affected public perception of individuals, and the consequences of these conflicts on reputation-based social networks, which were critical to accessing justice in the frontier. Chapter Five examines the emergence of a municipal political identity (“vecino”) which was tirelessly cultivated by prominent and plebeian settlers alike. Vecinos, and the social networks they built, were a restraint on state power—blocking investigations, filing complaints against “bad police,” and agitating in 1 the national press, providing resources and infrastructure for police to operate, acting as justices of the peace, housing runaways, and collaborating in investigations. Chapter Six surveys cases of the illegal practice of medicine to argue that these social networks were ultimately used to challenge the legitimacy of state-appointed authorities on the frontier, as communities banded together to defend healers and uncertified doctors against state prosecution. The establishment of a functioning state apparatus on the frontier ultimately depended on the ability of state agents to creatively navigate the limited resources of the “skeletal state” and settler’s active desire for state presence. This reciprocity was not only unusual, it was also an ironic turn for a nation-building project that had imagined a strong state as the prerequisite for a vibrant civil society and proven suspicious of settlers’ ability to safeguard democratic principles. 2 Table of Contents Acknowledgments p. ii Introduction p. 1 Part I: Institutions and Practices (1875-1905) p. 21 1. “A Fictional Government” p. 22 2. “Embracing Civilization” p. 50 Part II: People and Networks (1890s-1920s) p. 79 3. Under an Uncertain Flag p. 80 4. “Private Crimes” or “Public and Notorious” p. 112 Part III: Legitimacy, Local Politics, and Power (1920s-1930s) p. 146 5. The “Respectable Neighbors” p. 147 6. At the Edges of Medicine p. 179 Conclusion p. 213 Bibliography p. 221 i Acknowledgements Writing a dissertation, much like raising a child, takes a village. At least this dissertation did. It took the work, love, patience, insight, and interest of a lot of people, who left their marks on these pages. I wanted to take this chance to thank the individuals and institutions that made this work possible. First and foremost, I would like to thank the members of my dissertation committee. Mark Healey changed the way I think about history, challenged me to consider which questions are worth asking, and whose stories are worth telling. I am forever indebted to him for encouraging me to study “the interior” and to think broadly about inquiries that engage academics both in the United States and in Argentina. Despite being on diametrically opposite sides of the continent, his advice, encouragement, and good spirits always made him feel closer. Margaret Chowning has been an incredible mentor. Her relentless optimism and constructive criticisms made this project infinitely better. Brian DeLay’s kind, steady advice made me think of Patagonia comparatively, reminding me of what is unique about this frontier, and what it can contribute to our understanding of other frontiers. Laura Enriquez, who knows how to ask disarmingly simple questions that force you to reconsider fundamental ways in which you approach a particular problem, was a constant reminder of the value of kindness in academia. I was lucky to have my interest in history nurtured throughout my life. Mr. Stephen Cohen organized a history club for a few of us in high school after hours, and his incisive questions those afternoons have continued to resonate with me as the decades passed. As an undergraduate, in a time of confusion and disappointment, Jonathan Brown rekindled my interest in history and forced me to become a better writer, while Julie Hardwick introduced me to court cases and the fascinating stories they hold. At Berkeley, I was fortunate to work with Margaret Anderson and John Connelly who helped me to think about how European historiographical questions applied to the history of Latin America. The student-run Berkeley Latin American History working group was an invaluable resource in shaping this project. They not only read and commented on several of its chapters, but they provided me with a chance to meet and engage with scholars from throughout California. BLAH is a cherished tradition, passed down from generation to generation of graduate students in the program, and I was honored to be a part of it. Within the working group, but also in countless seminars, my extended cohort of latinoamericanistas—Sarah Selvidge, Sara Hines, Pablo Palomino, German Vergara, Lynsay Skiba, Alberto Garcia, Rebecca Herman and David Tamayo—expanded the ways in which I understood Latin America and helped me articulate what was unique about my own perspective. The Latin American Sociology working group, which graciously allowed me to present one of the chapters of this dissertation, constantly reminded me of the richness in our different methodologies and research questions. The research for this dissertation was done over three Patagonian winters, and a long spring. In that brief time, I became indebted to many people who through their hard work and love keep the archives alive. At the Archivo Histórico Provincial Rio Negro in Viedma I want to thank its director, Rebeca Pajón, as well as the relentless staff, Lourdes and Fernanda. I am especially indebted to Jorge Calvo in AHP-RN who always had a warm mate ready to share in the early hours of the morning. Graciela Suárez pointed me in the direction of relevant historiography and showed me the ropes in the AHP-RN. In Neuquén, I am profoundly indebted to Enrique Mases, who kindly allowed me access to the GEHiSo archive, and Gabriel Rafart, ii who entertained my endless questions. Francisco Camino Vela warmly opened his home, sharing his kindness and wisdom. The staff at the AGN-Archivo Intermedio was a tireless resource, painstakingly caring for the recent past and allowing researchers to learn from it. Dissertations require financial support to complete. I was fortunate to receive a Cota Robles Fellowship my first two years at Berkeley, which encouraged me to undertake sprawling research projects without having to teach. The Department of History’s travel grant funded the preliminary research for this project. The bulk of the fieldwork was done with the help of the Dean’s Normative Time Fellowship. I had time to parse through the research and write this dissertation thanks to the yearlong Berkeley Connect Mentoring Fellowship, and a departmental write-up Fellowship. A group of friends, near and far, kept me sane between chapters. Kristie Soares and Emily Scheines shared their love, humor, and intellect freely and eagerly in end-of-semester wine tastings, so integral to surviving graduate school—they

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