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Justice of the Night

A name given to the acts carried out by residents of Terceira Island against the enclosure and appropriation of baldios—common lands traditionally used by the people. The process began in the mid-eighteenth century, with the proclamation of the principles of physiocratism. Lands that, since the earliest settlement of the island, had been used by the poorest inhabitants as shared pasture for their livestock were gradually fenced off and claimed by presumed private owners, as well as by the municipal councils themselves.

These measures, imposed by the municipal authorities and by the captain-generals, provoked deep resentment among the population, who responded by tearing down fences or uprooting the trees that had been planted to mark possession. Until the early nineteenth century, such resistance took place openly, in broad daylight, sometimes even on feast days. But beginning in 1804, following the arrest and conviction of several participants, the struggle retreated into the shadows—carried out at night, under disguise.

Between 1821 and 1859, amid the turmoil of the Liberal Wars, there were no attempts at enclosure. After that period, however, the acts of destruction resumed and became constant. They extended through the era of the First Republic and only faded during the later phase of the Military Dictatorship. The issue was fiercely debated in the press, and some newspapers were founded almost exclusively to argue for the abolition of the baldios and the cultivation of those lands. Political and partisan interests were never far from these movements; opposition parties frequently sought to weaken their adversaries through them. Despite the cloak of secrecy, many participants were identified, arrested, and brought to trial. The phenomenon was largely confined to Terceira Island, though a few isolated incidents were recorded on São Jorge.

The term Justice of the Night was also applied to another, darker practice: the enforcement of communal morality through vigilante punishment. Hooded figures took it upon themselves to act as guardians of virtue and proper conduct, beating those deemed transgressors. In some cases, the practice served as a vehicle for personal revenge. The most common offenses punished were acts of marital infidelity. This form of nocturnal justice gradually fell into disuse during the first quarter of the twentieth century.

— Carlos Enes (historian)

Bibliography
Braz, H. (1985). Baldios e derrubamentos na ilha Terceira, in Ruas da Cidade e outros Escritos. Angra do Heroísmo: Instituto Histórico da Ilha Terceira, 90–118.
Merelim, P. (1997). Justiça da Noite? Memórias perdidas. Angra do Heroísmo: Author’s edition.
Ribeiro, L. S. (1983). Baldios, derrubamentos e derrubadores?, in Obras II – História. Angra do Heroísmo: Instituto Histórico da Ilha Terceira / Secretaria Regional da Educação e Cultura, 299–321.