Читать книгу The Audiencia in the Spanish Colonies - Charles Henry Cunningham - Страница 9

The causes of the breakdown of the first audiencia may be found in the circumstances of the time, the personnel of the tribunal, the indefiniteness of the laws which created it, the novelty of the situation to magistrates and officials and their failure to adapt themselves to their duties and to one another. As an institution of reform the audiencia did not have time to adjust itself to a permanent status.

The king, in compliance with the demands of the various organizations and individuals of Manila as communicated by their respective envoys, abolished the Audiencia of Manila by royal cédula on August 9, 1589, ordering the Viceroy of New Spain to take the residencias of all officials who had been identified with the Manila government. To carry out these orders Licentiate Herver del Coral was sent from Mexico to Manila, where he arrived in May, 1590, in company with the new governor, Gómez Pérez Dasmariñas.46 Santiago de Vera, the ex-governor, was promoted to a magistracy in the Audiencia of Mexico; the oidor, Pedro de Rojas, was made teniente and asesor to the governor, while the former oidor, Rivera, and Fiscal Ayala, were left without office.47

The regular organization for the administration of justice in the provinces was left precisely as it had been when the tribunal was in existence. The alcaldes mayores and the corregidores still functioned as judges of first instance and as governors of the provinces. The alcaldes ordinarios remained the judges of first instance in the city of Manila. These judges tried cases with appeal to the governor, and the judgment of the latter was final in cases involving a value of a thousand ducats or less. Cases of a higher category might be appealed from the decision of the governor to the Audiencia of Mexico, and thence, if again appealed, to the Council of the Indies.

The audiencia of three magistrates and a fiscal was replaced by a governor, who was both captain-general and sole judge. He was assisted in the latter capacity, as above noted, by a teniente and asesor, a lawyer, who advised him in legal affairs and prepared his judicial decisions for him. This reform was made on the representation of Fray Sánchez, that Manila had no need of a judicial system more pretentious than that of any Spanish provincial town. That city was accordingly reduced to the rank of a city or district, with dependence in judicial and administrative matters on New Spain, in whose audiencia appeals from the governor of the Philippines were heard.

With these new reforms the leading authorities in Manila professed to be greatly pleased. Bishop Salazar, who was the most influential person in Manila at this time, expressed his satisfaction to the king in a letter dated June 24, 1590.48 He suggested, however, that the continuance of the audiencia might have been satisfactory could its members have been paid from the treasury of New Spain. He reported the arrival of the new governor, and stated that the latter had already given evidence of a desire to govern wisely and justly.

Salazar’s optimism in regard to the good intentions of the governor could not have been long continued, for Morga tells us that in the first year of the government of Gómez Pérez Dasmariñas the need of an audiencia was felt by many.49 At that time, all the powers of government were centralized in the governor, and there was no immediate authority to which the people could apply for relief. Salazar had many disputes with the governor over questions relating to the respective spheres of the church and state, and from the decisions of the executive the prelate had no recourse. Dasmariñas, on reporting these matters to the king, stated that the bishop had interfered in the matter of the collection of the tribute, the government of the encomiendas, the Chinese trade (in which, the governor alleged that the prelate had an unpriestly interest), and in the administration of justice.50 The prelate had interpreted the removal of the audiencia as constituting a re-establishment of the concession formerly made to the church of extensive control in the administration of government and justice. He claimed that ecclesiastical judges should have the same civil jurisdiction as they had exercised before the audiencia was first founded. This, of course, the governor would not tolerate.

Bishop Salazar was so displeased with the turn which affairs had taken in Manila that he determined to leave the Islands, and passage being placed at his disposal by the willing governor, the bishop set out in July, 1592.51 On his arrival in Spain, Salazar concerned himself principally with religious matters, securing some valuable reforms. Among the latter was the erection of the Philippines into an archbishopric and the creation of three subordinate bishoprics. Salazar showed the desirability of the restoration of the audiencia as a preventive check on the excesses of the governor, but this change was not made as an immediate consequence of his recommendations.

A cédula was issued on January 17, 1593, which outlined with more definiteness a judicial system for the Islands. This reform confirmed the position of the governor as nominal head of the judiciary, with jurisdiction over appeals from the lower courts, but it decreed that these cases should be tried by a letrado. The governor’s final and conclusive jurisdiction was extended to all cases not exceeding a thousand ducats in value. Cases of a greater value might be appealed to the Audiencia of Mexico.52 The governor was given authority to name a protector of the Indians.53

The above changes were followed shortly by the cédula of August 18, 1593, by which the title of teniente de capitán-general y asesor de gobernador y capitán-general de las Islas Filipinas was bestowed on Don Antonio de Morga, who was probably the most efficient jurist and one of the most versatile officials that Spain ever sent to her Asiatic dependency.54 Morga was at this time not only successor to the audiencia in judicial matters, but also attorney-general and sole legal adviser to the governor. His predecessor, Pedro de Rojas, was transferred to Mexico, in pursuance of the idea, as alleged in the order of transfer, of removing from the Philippines all the members of the old audiencia, so that the new scheme, as revised at that time, might be allowed to work itself out without prejudice. Before his departure, the residencia of Rojas was conducted by Morga.

Even the reforms of 1593 did not suffice to make the administration of justice satisfactory to all parties. From the large amount of correspondence which exists, embodying complaints against the harsh methods of Dasmariñas and his successor, Tello, three letters may be cited which show the attitude of the various officials of the colony towards the re-establishment of the audiencia. The first of these was written by Governor Dasmariñas himself, and it may be in some ways surprising to note that he asked for the restoration of the audiencia. His reasons, in part, however, were different from those advanced by his contemporaries. Dasmariñas was of the opinion that an audiencia would be effective in the nullification of the interdicts and excommunications imposed by the archbishop and the local prelates, which he claimed were working havoc with the civil government.55

The treasury officials complained that the absolute government of the executive was contrary to the interests of real hacienda. Their objections to the prevailing system were voiced in the second of the memorials alluded to above, that of Francisco de la Misa, factor of the royal treasury of Manila.56 Misa said that under the former arrangement the audiencia had audited the accounts of the royal treasury and of the city of Manila each year. In this way the accounts had been well kept and the funds properly accounted for. The removal of the audiencia had left the governor with authority over the nomination of the officials of real hacienda, as well as the supervision of the accounts. Since Dasmariñas had been governor, no accounts had been rendered by the minor officials of the treasury, and, as a consequence, their superiors had been unable to make up their reports for the Contaduría of Mexico. The governor’s attention had been called to this deficiency repeatedly, but the latter had displayed no interest in the state of the colony’s finances, which, said Misa, exceeded all other matters in importance. “This comes,” the factor observed, “from placing in charge of Your Majesty’s finances a soldier, unfitted to do else than command troops, and then unchecked by an audiencia, so far distant from your royal person.” The laxity of the governor and of his subordinates seems to have resulted in the loss of much revenue.

Misa also showed that there had been many irregularities in the sale of offices, deficiencies which the presence of an audiencia would have checked. Instead of selling the minor clerkships of the exchequer, the governor had given them to his friends. Two offices, which were by no means insignificant, those of the chief clerkships of government and of justice, respectively, had been sold formerly for four thousand pesos each. The governor, however, had preferred to have them on his civil patronage list; this would not have been permitted had an audiencia been present to enforce the law.

The governor was charged by Misa with extravagance in the expenditure of the revenue of the colony. The payment of the salaries of new appointees to offices, friends of the governor, had made heavy drains on the treasury. The king, by repeated cédulas, had forbidden the designation of an excessive number of alcaldes and corregidores because of the desirability of economizing the resources of the colony. While the audiencia was in existence its consent had been necessary for the creation of new judicial districts, but since the recall of the tribunal, the governor had trebled the number of provincial officials, and, in addition, had permitted each to have a salaried assistant.

According to Misa, various other evils had resulted from the absolutism of the governor, among which were numerous abuses which he had tolerated in the galleon trade. It was alleged that Spanish merchants in Mexico had sent money to agents in Manila, and in that way had caused the legal amount brought from Acapulco for investment on the annual galleon to be exceeded.57 This, the factor stated, was due partially to the laxity and corruption of the Acapulco officials, who had permitted the galleon to leave that port with more than the authorized amount of money. The governor of the Philippines, however, could have prevented this abuse had he been so inclined, as the ships’ manifests were always subject to his inspection on arrival at Manila. The money sent by the merchants of Mexico was invested in merchandise in the Islands and these goods were shipped back to Acapulco on the galleon, thus excluding the commerce of the local merchants. The latter were growing poorer daily while the governor and his friends were waxing richer. The governor had also exercised favoritism in the distribution of cargo space, thus rewarding his friends and punishing his enemies.58 Since the suppression of the audiencia these abuses had increased, as there had been no authority in Manila to hold the governor in check.

This memorial, from Misa, which was carefully considered at court, went far toward demonstrating that the restoration of the audiencia would have beneficial results, so far as the administration of real hacienda was concerned.

The third of the letters referred to as reflecting the attitude of the Manila officials toward the re-establishment of the audiencia and ultimately contributing to its restoration, was directed to the court by Antonio de Morga, the efficient lieutenant-governor. Morga, as did Misa, placed great emphasis on the need in Manila of a more efficient system for the administration of the exchequer. Morga was moderate in his characterization of the governor, alleging that Dasmariñas had been brought completely under the influence of the ecclesiastics. He expressed the belief that an audiencia would aid in combatting what he termed the retrogression of the colony under the influence of the priests. “There should be someone,” he wrote, “to oppose the ecclesiastics in a land so far away from the Audiencia of Mexico; for, no matter what question is sent there for decision, at least two years must elapse before despatches can be returned.”59 No official was better qualified to explain the needs of the colony in matters of justice than Morga, for he was at that time, in reality, the supreme court of the Islands.

The audiencia, after an interregnum of seven years, was restored by a cédula promulgated by Philip II, November 26, 1595.60 The tribunal was to consist of a president, who should also be governor and captain-general, four oidores, a fiscal, and various subordinates. The history of the former audiencia and the reasons for its suppression and re-establishment are summarized in the cédula as follows:

I established an audiencia in that city and province in order that everything might be governed by means of it, and that justice might be administered with the same universal equality, mildness, and satisfaction desirable; after its establishment I ordered it suppressed as experience proved it unnecessary in a land so new and unsettled; in its place I sent a governor, and though his administration was excellent, yet, inasmuch as that community had grown, and I hope that it will continue to grow, I have thought it advisable to found and establish the said audiencia again.

In this cédula, which was addressed to Governor Tello, the king pointed to the increased importance of the Philippines, and to the many expeditions by which the Island of Luzón and other islands of the Archipelago had become pacified and more densely settled. The increase of commerce with the Chinese was also cited as a reason for providing the Islands with a more stable government. It was stated that in the administration of justice there should be as much efficiency as possible without the loss and inconvenience involved in appealing cases to Mexico. The governor would have more time for his increasing administrative and military duties if disengaged from his former judicial functions. The cédula continued:

You [the governor] may find it advisable to have by you persons with whom to take counsel, in order that matters may be considered with the requisite conformity and by a sufficiently large body of advisers; for these reasons I have decided to form an audiencia; ... you shall be its president, holding that office with those of my governor and captain-general.61

Together with this decree of re-establishment the king issued special instructions to Tello, prescribing in detail the relations which the governor was to observe with the audiencia. These instructions, in general, sought to prevent the recurrence of the misunderstandings which had been so fatal to the earlier tribunal. The governor and oidores were ordered to co-operate in the formulation of commercial regulations, with a view, particularly, to securing the Chinese trade, in the enforcement of the pancada,62 the consideration of ways and means to prevent money from passing to China, in matters of taxation and finance, encomiendas, and the pacification and government of the wild tribes. By these instructions, it is important to note, the function of advising the governor in administrative matters was definitely bestowed upon the oidores. “Matters of importance,” the cédula prescribed, “the said president-governor shall discuss with the oidores of the said audiencia, so that the latter, after consultation, may give him their opinion.”63

The governor and the magistrates were jointly charged to do all possible to discourage Indians and Spaniards from wasting their means in fruitless and petty lawsuits. The natives, according to this new reglamento, should always be protected against the designs of those who would take undue advantage of them. The governor was moreover instructed to confer with the archbishop and audiencia in ecclesiastical affairs, and the prelates were especially forbidden to excommunicate and issue declamations from the pulpit against the officials of the civil government, such as were constantly proclaimed when Salazar was bishop. Priests were not to meddle with the civil government, or with the pancada, or with any form of trade.

The audiencia as reformed, with the powers and duties noted, began its life in Manila on May 8, 1598. The inauguration of the tribunal was attended with general rejoicing, and a celebration characterized by great formality and pomp. The royal seal was conducted through the city in a procession which was composed of all the royal and clerical dignitaries. Church, state, and citizenry united in expressing satisfaction at the restoration of the tribunal, with its consequent prospect of an efficient government and administration of justice.

Reforms were made in the scope and composition of the audiencia at various times during its existence. It developed from a commission of three magistrates, with a president at its head, with definite and ill-expressed powers over a vast archipelago, whose population was sparse and scattered, to a double-chambered tribunal of appeal in second and third instance, with definite jurisdiction over a well-organized commonwealth. It would be highly desirable, did space allow, to review chronologically the important reforms which were made in the organization, scope and jurisdiction of the Audiencia of Manila throughout its history. The most important of these, however, will be noted incidentally in the following pages.

The audiencia, from the time of its renewal onward, typified and represented the royal authority, and its tenure was more continuous than the governorship. Eight times subsequently did the audiencia assume the reins of government in lieu of the governor. It became the most reliable channel through which the royal authority made itself felt in the Islands, and it was especially utilized by the court as a check on the governor.64 Whenever occasion arose, the audiencia interposed as the intermediary and arbiter between dissenting parties in the name of the sovereign, and its decrees were listened to with respect. It was no longer a temporary organization, and so firmly established was it henceforth that no person seriously considered its recall a possibility. Through a period of three hundred years the audiencia exercised its functions. It was first and always a judicial body. It shared executive and administrative duties with the governor. It frequently exercised attributes of an advanced legislative character. It participated in the government of the provinces. It shared the authority of the royal patronage in the control of ecclesiastical affairs. These various activities will be studied in subsequent chapters.