General José Ignacio Luque and the Scales of Astraea: State, Justice, and Politics in New Granada (1834- 1838)

Abstract

Between 1834 and 1836, within the context of the formation
of the nascent state of New Granada, a trial for theft was held against the Venezuelan General José Ignacio Luque, considered a hero in New Granada for his two-decade participation in the war of independence. This article examines some judicial challenges faced by New Granada in the early decades of the 19th century, stemming from Luque’s conviction, the national debate it generated, and the prosecution of the officials involved in the case. This study is based on information from pamphlets, flyers, anonymous writings, and newspapers housed in the newspaper library of the National Library of Colombia, as well as laws and decrees issued during the early decades of the 19th century. The study also analyses how the perspectives of judicial, provincial, and district officials contributed to the reformulation of legal norms for subsequent national application. It is demonstrated that Luque’s case highlighted the imprecision of the 1834 Organic Law of Courts regarding the imposition of the death penalty for armed robbery. Indeed, two years later, the Republic’s Congress legislated on the matter through an additional law that specified the penalties applicable to the crime of robbery.