Charles Henry Cunningham

“ Acuña contended that all authorities and departments of the government should therefore be dependent on a military chief rather than on a high court of justice which was out of sympathy with the spirit and needs of the colony. In a government so new as that of the Philippines, the same laws and punishments should not be enforced so rigidly as in more settled parts, yet the magistrates of the audiencia had failed to understand that their functions in a colony of this character should be in any way different than those of a similar tribunal in Spain. ”

“ Thousands of miles from Spain, in an age of slow communication, entrusted with the assignment of all sorts of lucrative offices, encomiendas, and commercial privileges, and having friends, relatives, and special interests to serve, a governor was surrounded by countless officials who were eagerly awaiting their share of booty, and who were ready at a moment’s notice to turn traitor if they could gain by such an act. ”

“ The period from 800 to 1200 in Spanish history witnessed the presence of four important political factors. These were the royal power, the nobility, the municipalities, and the church. Each of these played an important part in the events of this period and in them we may recognize the progenitors of fundamental institutions which were established in America. Characteristic of this period especially was the growth of the royal power in Castile. The authority of the king began as early as the eighth century when he was recognized by his contemporaries as the most powerful noble. ”

“ Owing to the divided composition of the tribunal, the rivalry and personal jealousy of the magistrates and the perpetual quarrels and struggles which arose as a consequence, the periods of its rule became wild scrambles for power in which the strongest survived and reaped all the benefits of office. By their example, the oidores stimulated others to wrong-doing, and in their efforts to secure advantages for themselves they oppressed the residents, Spanish and native, with the burden of their misrule. ”

“ Ability as a soldier and commander was always the chief criterion for the selection of a governor and captain-general, and military affairs were given more attention by far than matters of administration. Spain’s policy of selecting soldiers instead of administrators for the post of governor went far towards making the audiencia more than a court of justice, and towards giving it a share in the executive functions of government. ”

“ The difficulty of fixing responsibility for the loss of the galleons in the expedition to the Moluccas led Fajardo to criticise the practice of allowing the audiencia to assume control of affairs during vacancies. He regarded it as a cumbrous proceeding which could only result in chaotic and incompetent government. No better results could be expected when a body of magistrates and lawyers undertook to rule an isolated colony, and especially when one of them assumed responsibility for military affairs, which could not be successfully carried out by any but a military man. ”

“ Escriche (Diccionario, I, 838–9) defines fuerza as “the wrong which an ecclesiastical judge does to a party when he assumes jurisdiction over a case which does not belong to him, or when he fails to observe the rules prescribed by the laws and canons, or when he unjustly denies appeal.” Recurso de fuerza is defined as the reclamation to a civil judge, made by a person believing himself aggrieved by an ecclesiastical judge, imploring the protection of the former in order that the fuerza or violence may be terminated or undone. ”

“ The governor of the Philippines, like the viceroy of New Spain, was the administrative head of the colony, and as such exercised supervision over all the departments of the government, likewise over ecclesiastical affairs. He was directed to devote himself to the service of God, and to labor for the welfare of the souls of the natives and inhabitants of the provinces, governing them in peace and quietude, endeavoring to bring about their spiritual and moral uplift and their numerical increase. ”

“ Such were the charges implied by Governor Fajardo in 1619 when he wrote:
It is always to be believed that the auditors (oidores) to whom the inquiries are entrusted, ought to make them, not only as judges, but as interested parties, so that sinister inquiries should not be sent to your Majesty’s royal Council to defraud your royal treasury and the merits of those who have served well. ”

“ Although Governor Ronquillo de Peñalosa did not ask for an audiencia on this occasion, he did petition for an educated assistant to aid him in the administration of justice. “The trouble here,” he wrote to the king, in the letter above quoted, “is that the people are of such a nature that, at the same time when justice is done to one, an enemy is made of another person.” The rule of Ronquillo de Peñalosa as governor was distinctly typical of the possibilities of an absolute executive, far removed from the restraining influence of the courts, with scarcely any limitation upon his operations. ”

“ The assignment and regulation of encomiendas, the supervision of financial affairs, the control of the Chinese trade, the dispatch of the galleons to New Spain, and the assignment of cargo-space on these ships, were all matters which, at that great distance, and at that time, called for divided control. The execution of all these duties was too great a charge for the human frailties of one man; the governor could do it neither honestly nor well. ”

“ This furnished the occasion for the resistance of Oidor Simón de Anda y Salazar, in the name of the audiencia, both to the English and to the archbishop who had ordered his surrender. These events show the complete incapacity of an ecclesiastical governor of Rojo’s type and personality to fulfill the military requirements of his position. In the operations of Anda we note how a man of decisive action, energy, courage, and loyalty was able to force the issue and deprive the archbishop-governor of the executive functions which he had assumed legally, but which he was unable to dispense. ”

“ At first sight it may appear that something of direct applicability to Spanish-American conditions, which would have been gained by the study of the Audiencia of Mexico, or Guadalajara, or Lima, has thus been lost. Nevertheless, if it is borne in mind that the audiencia system was common to all the Spanish colonies, and that the laws by which it was constituted and regulated applied to the different political divisions of America as to the Philippines, the assumption will not seem wholly unjustified that the Audiencia of Manila may be taken as a typical legal and political institution. ”

“ I beg your Majesty that while it shall last (the war) you may be pleased to discontinue the Audiencia here, as it is this that most hinders and opposes the administration and the government, ... This is the enemy which most afflicts this commonwealth, and most causes dissensions, parties, factions, and hatred between the citizens—each auditor persecuting those citizens who are not wholly of his own faction, especially those who extend aid and good-will toward the governor, against whom, as it seems, they show themselves always in league. ”

“ As a result of this, says Professor Altamira, “the Spanish clergy considered itself more closely bound to the king than to the pope, ... more dependent on the court than on the curia, ... more eager for the privileges of the crown than for the rights of the church, ... the bishops were obliged to obey the monarch more than the archbishop.” (Altamira y Crevea, História, III, 418–19.)
The laws of the royal patronage centralized the supervision and control of the clergy of the Philippines in the person of the governor of the Islands. ”

“ Pardo de Tavera, in discussing these phases of the legal history of the Islands, states that the laws protected the native, but at the same time they kept him in a state of perpetual tutelage. Judgments were passed by native magistrates in suits between natives in the later days of Spanish rule, but in general throughout the period of Spain’s domination suits were prosecuted under the direction of a protector of the Indians in case one party to a suit was a Spaniard, or when the rights of the natives were in any way jeopardized or injured by a Spaniard. ”

“ The thirst for personal glory, and the desire for private gain invariably induced some official who was stronger than his contemporaries to assume control of affairs; thus the government of the colony was made repeatedly to subserve personal ends, and civil and political life was characterized by its strife and discord. ”

“ When Spain was confronted with the necessity of governing her vast empire, it was natural that she should profit by her former administrative experience, and make use of those institutions of government which had proved successful at home. ”

“ The governor who had the power to assign cases to whatever tribunal he chose, often took advantage of his position to bring the trial of civil cases within his own military sphere. Among these were suits involving the militiamen. These were subject to the military jurisdiction when they were under arms, and at other times, being civilians, they were subject to the civil authorities.19 An instance of a case of this kind occurred in 1800. A militiaman, Josef Ruy, had killed an Indian, and the audiencia, on the basis of its authority over Indians, had sentenced the culprit to death. ”

“ In his own words, the governor had grown “old and worn” in his Majesty’s service. According to him, the audiencia was of no service to the government, and only a drawback, making his own duties as governor doubly heavy, especially “since the Council [of the Indias] so poorly seconds my efforts ... everything concerning the government and war in these islands depends on the president. He must attend to everything punctually; and, in order to comply with his Majesty’s commands, he must pay over and spend from the royal treasury what is necessary for the affairs of government and of war.” ”

“ Early in the history of the Islands the king had empowered governors and viceroys to grant encomiendas for life, with thirty years’ remission of tribute, to those who had participated in the conquest. Legaspi and Lavezares, the first two governors of the Philippines, had given encomiendas without limit to favorites, relatives, and friends; consequently, when Sande became governor, he was obliged to direct much of his attention to the eradication of the resultant evils, and he attempted to establish the encomiendas on a profitable and honest basis. ”

“ The difficulty which presents itself to me in this matter is that, if the Audiencia is abolished and everything left in charge of the governor, there will be but slow and poor remedy for the grievances and disorders which may occur. For they must be taken to the Audiencia of Mexico, which is so far away that the aggrieved ones would consume both life and property before the business was settled ... all say that they consider government by one person the best, when he governs justly. ”

“ Don Antonio de Morga, writing in his Sucesos in 1609, described the Chinese government of the Parián as follows: “The Chinese have a governor of their own race, a Christian, who has his officials and assistants. He hears their cases in affairs of justice, in their domestic and business affairs; appeals from him go to the alcalde-mayor of Tondo, or of the Parián, and from all these to the Audiencia, which also gives especial attention to this nation and whatever pertains to it” (Morga’s Sucesos, Blair and Robertson, XVI, 197) . ”

“ In view of all these abuses and evils which, directly or indirectly, proceeded from the audiencia, Acuña maintained that all the powers of government, war and justice, should be concentrated in the office of governor and captain-general. The country, he said, was more at war than at peace. ”

“ Isolated as were the officials of the Philippines, in those distant seas, removed from any but the most remote influence of the home government, beset on all sides by hostile forces, and dependent on themselves alone, conditions there present an especially favorable field wherein to note the ultimate possibilities of the authority of the audiencia. It is the design of this treatise to examine conditions in the Philippines under the aspects noted, and to assign them their place in the history of Spanish colonization. ”

“ The audiencia, instead of serving as a protection to the natives, was an instrument of tyranny. The Spaniards, understanding the use of a court which would enforce the contracts made between them and the ignorant Indians, were often supported in the seizure of the latter’s property, which act, in reality, amounted to deprivation and legalized robbery. Sánchez stated that the natives had been terrorized by the audiencia. The magistrates, versed in the legal customs and practices of Spain rather than of the Indians, were unfit to administer justice in the Philippines. ”

“ There are many persons in Manila who are exempted from ordinary justice through their military connections or on account of being employed in the royal monopolies, and as they depend on him, he exercises great power; ... there are few who desire him for an enemy, for when they least think of it they are in need of his favorable opinion in some expediente which they have brought before the government.” The laws of the Indies forbade that an oidor should act as the governor’s asesor if any other appointee with the requisite qualifications were available (Recopilación, 3–3–35, and note) . ”