CHAPTER IX

THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE

The most extensive non-judicial activity in which the audiencia partic.i.p.ated at any time was its a.s.sumption of the provisional government of the colony during vacancies in the governorship. Aside from the ten different occasions on which this was done, the audiencia very frequently a.s.sumed control of the government when the exigencies of defense and foreign conquest rendered necessary the temporary absence of the governor. This was true at irregular intervals during the administrations of Governors Pedro Bravo de Acuna (1602-1606), Juan de Silva (1609-1616), Juan Nino de Tavora (1626-1632), Sebastian Hurtado de Corcuera (1635-1644) and Diego Fajardo (1644-1653). The administrations of these several governors were characterized by extensive military operations, largely in a foreign field, and the audiencia not only took over governmental affairs but it a.s.sumed the obligations of defense during their absence. On such occasions, of course, the tribunal retained its exercise of judicial functions.

Since the audiencias in Peru and New Spain a.s.sumed the government much earlier than did the audiencia in the Philippines, and as the laws authorizing the rule of the audiencia were promulgated first to meet conditions in those viceroyalties, it seems advisable to inquire into the circ.u.mstances surrounding the establishment and development of this practice there. Having done this, we shall proceed to a study of the ad interim rule of the Audiencia of Manila, noting particularly the causes of the success or failure of its administration and the effect of this practice upon the subsequent relations of the audiencia and the governor.

The first law in the Recopilacion authorizing the a.s.sumption of the government by an audiencia was promulgated as early as March 19, 1550. This law provided that in case of a vacancy in the office of Viceroy of Peru, the audiencia there should succeed to the governments of Peru, Charcas, Quito and Tierra Firme, and that the three last-named subordinate audiencias should obey the mandates of the Audiencia of Lima until a permanent successor to the viceroy was named. [579]

This law was proclaimed again on November 20, 1606.

Even before the promulgation of the above law the audiencias of Lima and Mexico had a.s.sumed control of the government in their respective viceroyalties. Shortly after the death of Francisco Pizarro, the conqueror, an audiencia was sent to Peru, arriving at Lima in January, 1544, in company with Blasco Nunez Vela, the first viceroy. The rigidity and thoroughness with which this new executive enforced the New Laws which were entrusted to him met with the opposition of the residents of the colony, and the audiencia accordingly removed him from his position as viceroy and suspended the operation of the code referred to, a.s.suming charge of affairs itself. [580] Its rule was brief, however, for on October 28, 1544, it invited Gonzalo Pizarro, the brother of the conqueror, into the city and turned the government over to him, proclaiming him Governor and Captain-General of Peru.

During the period from 1544 to 1551, until the arrival in Peru of Viceroy Mendoza, the audiencia exercised control of governmental affairs. It made and unmade captains-general and viceroys, irrespective of royal appointments. It suspended the New Laws of 1542 and its commands were obeyed. From 1550 to 1551 it governed alone. In these incidents we note that the audiencia actually a.s.sumed the government ad interim prior to the time of the promulgation of the law of March 19, 1550, exercising administrative as well as judicial powers, thirty-five years before the Audiencia of Manila was created. "To it (the audiencia) were confided in the beginning and later in the absence of the viceroy," writes Moses, "all matters with which governmental authority might properly deal." [581] He further states that "the audiencia in its executive capacity, failed to justify the expectations of the king, and a new order of things was introduced by the appointment of a viceroy" (Mendoza, April 17, 1535) for New Spain. [582]

These powers were not only exercised by the Audiencia of Lima, but also by a second tribunal which was created in 1549 at Santa Fe de Bogota. The latter body was endowed permanently with both judicial and administrative powers, appealing important cases to the superior government at Lima. This audiencia had the status of a presidency. Its president was often captain-general, visitador, and senior magistrate, and in exercising the functions of these various offices he was in all respects the most powerful official in New Granada, always being able to enforce his will over the other magistrates. At times this official acted with entire independence of the Viceroy of Peru. [583]

The exercise of military functions by this president and audiencia is especially to be noticed in the part they played in putting down the Pijao Indian revolt in 1565. [584] On the whole, however, judging by the strife prevailing in the colony, the various struggles between the oidores and the president, and between the audiencia or president and the archbishop, the government could never have been considered successful. The official corruption which became apparent as a result of the pesquisas and residencias held during the rule of the Audiencia of Santa Fe could scarcely have encouraged the home government to entrust that tribunal with the administration of affairs in the future.

The defects referred to above in connection with the government of the Audiencia of Santa Fe did not deter the Spanish crown from founding the Audiencia of Charcas in 1559. This tribunal, "like the audiencias established elsewhere, exercised not only judicial, but also administrative powers." [585] It had jurisdiction over the neighboring city of Potosi. Again we may note the case of the Audiencia of Santiago de Chile, which was established on August 27, 1565. Its members arrived in 1567 and the audiencia was installed at Concepcion "as the supreme court of the colony, and, at the same time, in accordance with the royal decree, it became the administrative head of the government. In this latter capacity it undertook to reorganize the military forces." Later, in 1568, Melchoir Bravo de Saravia a.s.sumed the office and functions of the governorship of Chile (1568-1575) and the audiencia became a judicial tribunal, without other attributes. [586]

We may gather from these various citations taken from the early history of the audiencias of South America that these tribunals not only exercised the authority of governing ad interim, but that they had permanent governmental and administrative powers as well. It would seem, as Professor Moses has suggested, that the original purpose of the Spanish government had been to entrust the executive and administrative functions in the dependencies to the audiencia, and that the endowment of the viceroys and captains-general with extensive executive powers was an expedient to which Spain was obliged to turn after the breakdown of the audiencia as an administrative agency. The main fact to be emphasized in this connection is that during the period of the promulgation of the laws which we are now studying, the minor audiencias were exercising regular governmental powers.

The Audiencia of Mexico, which was created in 1527 to check the excesses of Hernan Cortes, had partic.i.p.ated in governmental affairs even before the events described above. This tribunal, which was composed of four magistrates, with the notorious Guzman as president, conducted the residencias of Cortes and his followers, and after obtaining control of the government, administered affairs to suit its own convenience. [587] It was at this time, and as a result of these abuses, Bancroft tells us, that the Spanish government decided to establish a viceroyalty in New Spain, with a semiregal court and regal pretensions. A new tribunal was left in charge of governmental affairs while this reform was being inaugurated. This second audiencia governed with great satisfaction, correcting the abuses of its predecessor and devoting itself to various improvements. [588]

Although the audiencia of 1528-1535 exercised the administrative functions above mentioned, Bancroft brings forth no evidence in support of the theory that it was ever the royal intention to entrust the inst.i.tution of the audiencia permanently with administrative authority. He states that as early as 1530, three years after the establishment of the first tribunal in Mexico, the sovereigns had already decided to establish a viceroyalty. Although the audiencia was entrusted with the government for a few years, the above facts would seem to indicate that this was only a temporary arrangement. The audiencia's chief attributes were judicial, and we have repeatedly noted that the princ.i.p.al object of its establishment, aside from the administration of justice, was to check the abuses of the captain-general.

Cortes retained his rank as captain-general after the audiencia was established. The conqueror was in reality reduced to a secondary position, and he was compelled repeatedly to acknowledge the supremacy of the audiencia. His commission was recognized by the tribunal on its arrival, but soon after its establishment the oidores exhibited a royal order requiring that "Cortes, in all his operations, should consult the president and oidores and act only on their approval." [589]

Even in his field, as commander of the military forces, Cortes was subordinated to the tribunal, and the audiencia and the conqueror quarrelled bitterly over practically all matters which presented themselves for solution. The audiencia had been created to meet extraordinary and unusual conditions. It was the business of the tribunal to correct the abuses which had previously been inflicted on the colony by Cortes, and it did so. On the arrival of Mendoza in 1535, however, the audiencia surrendered the control of administrative affairs, and it did not a.s.sume them again, except in the regular way in conjunction with the viceroy, until it next served to administer the ad interim government. [590]

The first legal provision for the succession of the audiencia in Mexico, according to Bancroft, was contained in the royal instructions to Visitor Valderrama, who arrived in Mexico in 1563. These instructions, says Bancroft, provided that in the event of the death or inability of the viceroy to discharge his duties, the audiencia should rule temporarily. [591] This was indeed timely, in view of the death of Viceroy Velasco on July 31, 1564. The audiencia, which was legally authorized to take charge of the government, was under investigation when the death of the viceroy occurred, and the tribunal was dominated during the first half of its rule by the visitor, who, Bancroft tells us, was virtually viceroy. [592]

Valderrama dismissed two of the oidores, and sent them to Spain. The audiencia was even less able to administer justice during the early part of its ad interim government than it had been when the viceroy was alive. After the departure of the visitor, however, the audiencia inaugurated a season of proscription and reprisal which bade fair to include every opponent of the oidores in the colony. Matters had reached a very unsatisfactory state, indeed, when the new viceroy, the Marques de Falces, arrived at Mexico on October 14, 1566. [593]

In view of the fact that the next important law dealing with the question of the succession was not promulgated until 1600, a continuance of this survey of affairs in New Spain will not be necessary. The audiencia there did not again a.s.sume the government until 1612, and then only for a very short period. We have already noticed the conditions under which the Audiencia of Mexico was created, and the various occasions on which it a.s.sumed charge of the government. Though entrusted with the government upon its establishment, the example set by three years of its unsatisfactory rule convinced the Spanish monarch of the unwisdom of entrusting such governmental authority to the audiencia permanently. Therefore, a viceroy was sent out in 1535, and it was not until 1563 that the first law was promulgated which provided for the temporary government by the audiencia when there was a vacancy in the office of viceroy. This was thirteen years after such a law had been promulgated for Peru, and fourteen years after an audiencia had been created, with all the functions of government, at Santa Fe de Bogota.

The cedula of February 12, 1569, following in sequence that of March 5, 1550, provided that the faculty of filling vacancies among the oficiales reales, in case of death or removal from office, should rest with the viceroy, president, or the audiencia, if the latter body were governing. [594] This, of course, was a recognition of the principle of the a.s.sumption of the government by the audiencia. This law was not confined in its application to any particular territory, but was general in its scope and applicable wherever an audiencia existed. It was later confirmed by the cedula of August 24, 1619. [595]

The next law dealing with the subject of succession was promulgated on January 3, 1600. It applied especially to New Spain, and it provided that in case of a vacancy in the office of viceroy, either by death or by promotion, the audiencia should a.s.sume charge of the government of the provinces there, and it should execute the duties which ordinarily devolved upon the viceroy, performing them "as he could, would and ought to do." It furthermore ordered the subordinate Audiencia of Guadalajara, under such circ.u.mstances, to obey and fulfill the orders which the Audiencia of Mexico might give or send, in the same manner as it would do, were those orders issued by the viceroy. [596] Under a separate t.i.tle on this same date the a.s.sumption of the government of the minor dependencies of Peru and New Spain by the respective audiencias was authorized in case of the illness or absence of the viceroy. In other words, this law authorized in New Spain the same procedure in case of the death or absence of the viceroy as had already prevailed in South America for half a century.

The above laws form a precedent for the subsequent authorization of the Audiencia of Manila to a.s.sume charge of the government on the death of the governor. This authorization was given on April 12, 1664, but the Audiencia of Manila, like those of Mexico and Lima, had already a.s.sumed the functions of the executive on four earlier occasions, and the king, in the cedula of 1664, merely recognized, with some qualifications, a practice which had been followed in the Philippines for half a century. A cedula dated as early as September 13, 1608, had authorized the nomination in advance by the Viceroy of New Spain of a resident of the Islands to a.s.sume the governorship on the death of the regular governor. [597] The intention of this law seems to have been to guard against the ills incident to a vacancy in the governorship by an arrangement whereby some person should be appointed in advance and thus be ready to a.s.sume the command without delay. Whatever the royal intentions may have been, this law was never effective in bringing about the benefits for which it was designed. In fact, this particular provision met with general dissatisfaction in the Philippines, and the audiencia, acting in accordance with the custom observed in other parts of Spain's dominions, continued to govern on the demise of the governor, ruling two or three years on some occasions, until the arrival of a temporary governor, sent from New Spain. So flagrantly was the prescribed method of procedure violated in the Philippines that in 1630, Visitor Francisco de Rojas y Ornate reminded the Council of the Indies of the existing law (that of 1608) and recommended that henceforth on the death of a governor the audiencia should have nothing to do with administration, but that one of three persons secretly designated by the viceroy should take over the government at once, thus eliminating all possibility of the interference of the tribunal. [598]

The irregularities and inconveniences arising from the inefficacy of the law of 1608 led to the promulgation of the cedulas of January 30, 1635, and of April 2, 1664, and to the enactment of the consulta of September 9, 1669. These regulations applied exclusively to the Philippines, and they legalized the intervention of the audiencia in governmental affairs on the death of the governor. The first of these admitted the right of the audiencia to administer political affairs, but ordered that military defense should be in the hands of a person appointed in advance by the Viceroy of New Spain. The cedula of April 2, 1664, ordered that the audiencia should serve temporarily during vacancies in the governorship until the temporary appointee of the viceroy should arrive. This law further prescribed that the audiencia should a.s.sume charge of political affairs while the senior magistrate should take over the military command. He was to see that the forces and defenses of the Islands were adequately kept up, and that the soldiers were disciplined; he was authorized to command them in case of insurrection or invasion. The consulta of September 9, 1669, above referred to, re-enacted the cedula of April 2, 1664, but in addition it specifically ordered that the viceroy should not designate a temporary governor until news of the death of the regular inc.u.mbent was received, and then that no resident or native of the Philippines should be appointed. [599]

The Council of the Indies, by the law of September 29, 1623, had already sought to guard against any undue a.s.sumption of power on the part of the audiencia by ordering that when the viceroy was absent from the capital city, but within his own district, he should still retain his status as governor, and neither the audiencia nor any of the oidores should interfere in governmental affairs. [600]

This law was not applicable to the Philippines alone, but it was of general validity, throughout Spain's dominions. The control of the audiencia in governmental affairs was only to become effective when the governor was absent from the colony, or incapacitated through sickness or death. Otherwise the governor's sphere of authority was to be recognized by the tribunal.

A variety of laws exist in the Recopilacion prescribing the duties and conduct of the audiencia when it had charge of governmental affairs, and defining the relationship which should exist between the oidores under such conditions. The magistrates were ordered to proceed harmoniously and moderately both in the execution of governmental affairs and in the administration of justice, not erring either on the side of excessive severity, or of undue moderation. They were to devote special attention to the increase and care of the royal revenue during these times. [601] The right to grant encomiendas, essentially the function of the governing authority, was conceded to the audiencia when it acted in the capacity of governor. All such concessions ultimately had to be confirmed by the king. On these occasions, also, the audiencia filled vacancies and made appointments. However, the oidores were warned against discharging officials and vacating offices in order to fill them with their dependents and friends. [602]

All appointments made by the audiencia were to become void after the arrival of a regular governor, unless they had subsequently received the royal confirmation. When a vacancy arose, it was the duty of the senior magistrate to propose a candidate, but the actual filling of the place was to be effected by the acuerdo vote of the entire audiencia. [603]

The laws provided that the audiencia, as a body, should exercise two distinct types or cla.s.ses of powers when in charge of the government. These were designated as governmental and military. The exercise of these functions was a.s.signed respectively to the audiencia as a body, and to the senior magistrate, individually. While an effort was made to insure the fair and equal partic.i.p.ation of all in government in case of a vacancy, the senior magistrate a.s.sumed the position and honors of the executive, though not granted all the governor's powers. [604] In the functions and duties of administration all the magistrates were to partic.i.p.ate. As noted above, each was to have a share in the exercise of the appointing power, the administration of colonial finances, partic.i.p.ation in the acuerdo, and in every other function except defense, which was entrusted to the senior oidor. In this capacity, the oidor was always the most prominent figure in the government. Among those who distinguished themselves through the exercise of this power were Rojas, Morga, Alcaraz, Bonifaz, Coloma, Montemayor, and above all, Anda. Although these men were a.s.sisted and supported by their colleagues of the audiencia, and the parts played by the latter were not without importance, the periods of rule of the audiencia are always identified with the names of the senior oidores, while those of the ordinary magistrates are forgotten.

A complete understanding of the governmental functions and authority of the audiencia, and the relation of the latter to the other departments of government under these conditions may best be obtained by a review of the circ.u.mstances and conditions of the audiencia's rule during vacancies in the Philippines. The first occasion which in any way approached the temporary rule of an audiencia in the Philippines was in 1593, after the murder of Governor Gomez Perez Dasmarinas. Pedro de Rojas, who had been a magistrate of the audiencia when it was suppressed in 1589, was at that time sole judge, with the additional rank of lieutenant-governor and asesor, standing next to the governor in authority. [605] After the death of Gomez Perez Dasmarinas, Rojas had occupied the governor's chair less than a year when he was succeeded by the deceased governor's son, Luis Perez Dasmarinas, who became governor on the authority of a royal order found among the papers of his father, whereby he was given the power to name his successor. [606] His tenure seems to have been only temporary, however, for as soon as news reached the court of the death of the elder Dasmarinas, Francisco Tello de Guzman was appointed permanent governor and an audiencia was sent to the Islands, arriving at Manila in 1596. [607] Meanwhile Rojas was succeeded as lieutenant-governor and asesor by Antonio de Morga. According to Montero y Vidal, Dasmarinas turned over the government to Morga in 1595, but it is more probable that Morga a.s.sumed the temporary governorship when Dasmarinas was in Cambodia and elsewhere fighting against the Dutch. In fact, this conclusion is confirmed by Zuniga. [608] At any rate, Morga administered both governmental and military affairs on several occasions when the various governors were absent from the Islands, engaged in expeditions of conquest.

On the suppression of the audiencia in 1589, the administration of justice remained entirely in the hands of the lieutenant-governor and asesor. This position was first occupied by Rojas, and later by Morga, who succeeded to the same judicial duties and enjoyed the same prerogatives as had formerly belonged to the audiencia. In the absence of the tribunal, therefore, they a.s.sumed functions which elsewhere were carried out by the audiencia on the death of the governor or viceroy, partly because they had taken the place of the audiencia, and partly because they were lieutenants-governor. After the audiencia was re-established in 1598, Morga continued in charge of military affairs when the governor was absent or dead, while the audiencia administered the government, not by virtue of any laws relating especially to the Philippines, but seemingly because this was the general practice in all of Spain's colonies. Morga's defense of Manila against the Dutch in 1600 has been referred to in an earlier chapter.

Not only did the audiencia do much in defense against outside enemies at this time, but it carried on offensive operations against them in the Moluccas after the deaths of Governors Tello and Acuna. The j.a.panese who were residing in the city also caused trouble, and the audiencia was under the necessity of taking repressive measures against them. [609] In 1606, while Governor Acuna was absent from the colony, the fortification of Cavite, the equipment of a fleet and the defense of the city were undertaken and carried out successfully by Oidor Almansa. [610] Then on the death of Governor Acuna the audiencia succeeded to the government and it managed affairs from June 24, 1606, to June 15, 1608, with Almansa in charge of military affairs.

The various governmental matters with which the audiencia concerned itself during this period are shown in a memorial which it sent to the king on July 6, 1606. After reporting the death of Governor Acuna, and its succession to the government, the audiencia took up questions of finance and commerce. It stated that the money in the treasury was insufficient for the necessary expenses of the colony, owing to the extraordinary outlays which had been necessary to defray the costs of the wars and expeditions which had been undertaken at this time. The audiencia suggested that the galleon returns be increased from 500,000 to 1,000,000 pesos a year. It was pointed out in this connection that the total cost of transporting goods from Manila to Acapulco, including freight and duty, aggregated thirty per cent of their value, leaving to the merchants a profit of only 350,000 pesos. The oidores admitted that this arrangement might have been ample and satisfactory when the colony was small or when there was peace, but at that time, when the inhabitants of the colony had been forced to expend so much of their revenue for defense, a larger return was necessary. [611] Further recommendations were made regarding commerce and the management of the galleons. It was said that their great size encouraged smuggling; in order to avoid this, and at the same time to contribute to the revenues of the colony, it was urged that the ships should carry cargo to the limit of their capacity, instead of being restricted to an insufficient amount. Large reductions of salaries of ships' officers, soldiers, and sailors were urged. The oidores did not think it advisable to forbid the crews and officers of the galleons to trade, however, since their interest in the cargo would encourage them to be obedient and loyal. [612] The audiencia concluded its memorial with an appeal for the reform of the freight and customs charges on the galleon. The abolition of all fixed duties was recommended; instead, it was suggested that these duties be graduated to meet the regular expenses of the colony as they were incurred year by year. This recommendation was made on the basis of the theory that duties should not be levied for the benefit of the king's exchequer, but only for the support and maintenance of the merchants and inhabitants of the colony. [613] This memorial would seem to indicate that the audiencia, when acting in the capacity of governor, exercised considerable authority and a.s.sumed entire responsibility for the commercial and financial affairs of the colony.

Zuniga, after describing the success of Oidor Almansa in putting down an insurrection of the j.a.panese, characterized the administration of affairs by the audiencia during this period as follows:

The Royal Audience conducted themselves with great approbation in the civil administration, until the year 1608, when Don Rodrigo Vivero of Laredo, who was named by the Viceroy as Governor ad interim, arrived at Manila, and having had great experience in the management of the Indians in New Spain, he availed himself of it on this occasion, giving instructions to that effect to the chief judges, and other ministers of justice. He governed with much satisfaction for one year, when he delivered up the insignia of his office, and returned to Mexico. [614]

Vivero arrived in the colony on June 15, 1608. Vivero was the first of the military governors appointed from New Spain. Under this and succeeding arrangements, these governors exercised absolute control of military affairs, while the audiencia concerned itself solely with matters of government, the senior magistrate, of course, not partic.i.p.ating in military affairs.

Vivero was relieved in 1609 by Governor Juan de Silva, who had a permanent appointment and served for seven years. Silva's administration was characterized by his military exploits, chief among which was his defense of the colony against the attacks of the Dutch pirate, Wittert, and subsequently of Spielberg. These frequent expeditions gave the audiencia many opportunities to a.s.sume charge of affairs, and after Silva's death in the Moluccas the tribunal ruled from April 19, 1616, to June 8, 1619. During a part of this time Andres de Alcaraz, the senior magistrate, exercised the duties of captain-general, successfully defending the city against the Dutch. On September 30, 1617, the office of military governor devolved on Geronimo de Silva, who was especially designated for the post by the royal order of March 20, 1616. [615] He was not an oidor, however, but had served as governor of Ternate, having recently returned from the Moluccas. [616]

While the post of captain-general devolved upon Silva, the audiencia retained control of administrative affairs in the colony until Alonso Fajardo y Tenza, the next royal appointee, arrived on June 8, 1618, to enter upon the duties of governor and captain-general. As we have already seen, Alcaraz was relieved of his military responsibilities on September 30, 1617, and was at once obliged to submit to residencia. In this trial he was compelled to answer for his failure to warn the Chinese traders, who usually approached the Islands at that time of the year, of the presence of the Dutch. As a result of his oversight in this matter, a large quant.i.ty of merchandise, including provisions for the city, had fallen into the hands of the enemy. He was also held accountable for the disaster which had occurred to a portion of the Spanish fleet in the battle of Playa Honda through the appointment of the son of one of the oidores to its command. [617] Alcaraz, senior oidor, who was legally responsible for defense, was compelled to answer for the failure of this inefficient commander. The choice of a relative of one of the oidores was a violation of the laws of the Indies. [618] Although Oidor Alcaraz seems to have acquitted himself well of his duties as commander of the military forces, seven galleons were lost in an expedition to the Moluccas during the rule of the audiencia, and considerable difficulty was experienced in fixing responsibility for this disaster. Alcaraz claimed that Silva was answerable; the latter maintained that the audiencia was to blame, and the audiencia disclaimed responsibility because, it alleged, "the audiencia was entrusted with government and not war." In an investigation ultimately made in 1625, Silva was deprived of his office and was prevented from leaving the Islands.

Governor Fajardo has left us a number of comments and criticisms of the work of the audiencia as governor. His observations are timely and appropriate, since the tribunal had been in charge of the government for two years preceding his rule, and he was brought intimately in touch with the deeds and mistakes of the previous administration. [619]

Fajardo's comments relate to the abuse of the appointing power by the audiencia, and the failure of that body to provide adequately for the defense of the colony. In support of the former charge, Fajardo said that the magistrates had appointed several officials for life, which was forbidden by the laws, since the audiencia was only permitted to fill offices for the period of its rule. [620] The audiencia had also infringed upon the prerogatives of the governor by the permanent bestowal of encomiendas. Fajardo stated that when he arrived in the Islands he found all the offices and encomiendas filled with friends and dependents of the oidores. Thus as a direct consequence the success of his administration was impaired by the presence of officials who regarded him, their chief, with hostility. He cited an instance in which similar infringements upon the rights of the viceroy by the Audiencia of Mexico had been nullified by the royal veto, and he urged that some definite cedula or law should be promulgated relative to these matters in the Philippines. [621]

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 a.s.sume control of affairs during vacancies. He regarded it as a c.u.mbrous 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 a.s.sumed responsibility for military affairs, which could not be successfully carried out by any but a military man. He emphasized the necessity of locating responsibility for every department of government in a central authority. He recommended the designation of "two military men of such standing and ability that, when the governor and captain-general is absent, they might succeed to those duties." [622] He considered it advisable that during vacancies, as well as when the regular governor was present, authority should rest with one person and not be scattered or divided among a number of magistrates.

Geronimo de Silva had been given a commission from the viceroy to a.s.sume the post of captain-general, and upon the demise of Fajardo in 1624, he took charge of military affairs, while the audiencia retained the government. Silva's responsibility for the loss of the ships in 1617, already referred to, as well as for other disasters in 1624, caused him to be removed from the command and confined in Fort Santiago where he remained until released by the new temporary governor, Fernando de Silva, who arrived in 1625. The latter commanded the military forces, while the audiencia administered the government. [623]

Of far-reaching importance was the action of the audiencia in 1624, in nullifying the action taken by the former governor, Alonso Fajardo, relative to the construction of a seminary for j.a.panese priests and students. This edifice had been partially constructed when the audiencia took over the government. It is interesting to note that the oidores, although not collectively responsible for the defense of the colony, took a stand on this occasion in a matter which had to do with the common security. The objections of the oidores were significant. The location of the seminary within three hundred feet of the wall was thought to be unwise in view of the danger of a j.a.panese revolt. The j.a.panese emperor had signified his disapproval of Christianity on many occasions by banishing and torturing numerous friars who had gone to j.a.pan from the Islands. He had forbidden the worship and propagation of Christianity in his empire. There were at that time rumors of an impending conquest of China and the Philippines by the j.a.panese, consequently the audiencia did not wish to invite the emperor's wrath upon the colony by attempting to proselyte his subjects. The audiencia thought best to stop this before the displeasure and enmity of the j.a.panese were incurred. Fear of the loss of trade with China, dread of an alliance of the j.a.panese with the Dutch, making probable a concerted attack on the Philippines, and the danger of an outbreak of the j.a.panese already within the colony in conjunction with an attack by those without, were all considerations which induced the audiencia to take responsibility upon itself in this matter. [624]

The official correspondence of the governor following immediately upon the administration of an audiencia is always valuable as showing the state of affairs under the preceding rule. That of Fernando de Silva coincides closely with the correspondence of Governor Fajardo in charging the audiencia with many misdeeds, chief among which were the abuse of the appointing power and the concession of encomiendas without authorization. Silva, on his accession to the governorship, also found the finances of the colony in a bad condition, great waste having been incurred in their administration. There had been neither peace nor order; the oidores had quarreled among themselves, and residents were leaving the city as a consequence of this turmoil. The oidores had, without cause, dismissed all the officials appointed by Fajardo, filling their places with their friends. [625] The following account of the excesses of the audiencia was given by Silva:

Under pretext of the arrest and removal of Don Geronimo de Silva, Licentiate Legaspi, ... exercised the office of captain-general, carrying the staff of office and making them lower the banners to him, and address him as "your Lordship," and his wife as "my lady." He immediately appointed his elder son to the post of sargento-mayor of this camp, and his younger son to a company, while another company was a.s.signed to a relative of Auditor Matias Flores y Ca.s.sila (also an oidor). Others were a.s.signed to brothers of the said Don Matias, the fiscal, and other auditors, except Don Albaro (Messa y Lugo), who refused to have anything given to his household. Upon seeing the illegality of these appointments, I issued an act declaring them vacant and restoring those posts to those who had held them before. [626]

That the king had not entirely lost confidence in the audiencia, notwithstanding the above complaints, is attested by the instruction issued by the Council of the Indies to Francisco de Rojas y Ornate, royal visitor to the Philippines. [627] This communication, which was dated August 17, 1628, approved the stand which the audiencia had taken in insisting that all money obtained from Chinese trading-licenses should be put into the royal treasury and accounted for by the oficiales reales before it was spent. It appears that the governor had hitherto used this money as an extra fund upon which to draw for the expenses of the colony. The king also approved the att.i.tude of the audiencia in denying to persons in New Spain the right of using the Manila galleon for the shipment of their goods, and in refusing to allow money sent by them to the Islands to be invested in the Chinese trade. Silva contended that the audiencia had no right to intervene in either of the above matters, but in this Silva was not sustained, Rojas y Ornate being instructed to see that Governor Tavora respected the action of the audiencia in the two particulars referred to. [628]

The audiencia a.s.sumed management of political affairs in 1632, on the death of Governor Juan Nino de Tavora, but neither the audiencia as a body, nor the senior oidor personally were entrusted with the military command. This responsibility devolved on Lorenzo de Olazo, the maestre de campo, who had been designated by the viceroy of New Spain to a.s.sume temporary charge of military affairs. He was succeeded the following year by Juan Cerezo de Salamanca, who had been sent from Mexico by the viceroy as soon as the death of Tavora was announced in that city. Cerezo served ad interim for three years, and during his administration the audiencia acted solely as a judicial body, not attempting to interfere in governmental or military affairs. [629]

It was under the rule of this governor that important expeditions were undertaken against the Moros in the South, and the first fort and settlement were made at Zamboanga.

It is to be especially noted that in the appointment of Olazo and Cerezo in 1632 and 1633 respectively, the senior oidor was deprived of the control of military affairs. This had been done also in 1617 and in 1624 when Geronimo de Silva, governor of Ternate, had taken charge of military affairs during vacancies in the regular governorship. Temporary appointments had been made on two different occasions by the Marques de Cerralbo, Viceroy of New Spain, once in the sending of Fernando de Silva after the death of Governor Fajardo, and on this occasion, when Cerezo de Salamanca took the place of Governor Juan Nino de Tavora, after the audiencia had governed a year. Experience had shown that the a.s.sumption of the military command by the senior oidor was not productive of the most satisfactory results. It was not to be expected, of course, that a magistrate would administer military affairs with the skill of a captain-general, and we have seen that various governors recommended that the practice should no longer be continued. So it came about that the law of 1608 was revived, and the viceroy appointed a temporary governor to a.s.sume control of military affairs, the audiencia being restricted to judicial and administrative functions. In 1633, on the accession of Cerezo de Salamanca, the audiencia was deprived of the right of intervention in the last mentioned activity, and was confined to its judicial duties alone. This was confirmed by the cedula of January 30, 1635, which relieved the Audiencia of Manila of all jurisdiction over military affairs during vacancies, ordering that they were to be administered by a temporary appointee of the viceroy. [630]

Nevertheless, considerable opposition to this method of filling vacancies in the governorship had developed within the colony. This is shown in various protests which came from the Islands from time to time. These are set forth with great clarity in the correspondence of the governors. Corcuera, in a letter written to Philip IV on June 30, 1636, stated that these temporary governors had allowed persons in Mexico to make large fortunes out of the Philippine trade, and that the governors had devoted most of their time when in Manila to serving as agents of the residents of Mexico. Corcuera, however, seemed to regard the audiencia as incapable of government, for he claimed that in the brief term of a year in which the tribunal had ruled, three years prior to his accession, it had run the colony into debt from 80,000 to 100,000 pesos. He charged the oidores with the same dishonest practice as had been alleged against Governor Fajardo, namely, that they had issued due-bills in payment of debts and had bought them up later at less than their face value, realizing the full amount on them upon their presentation to the treasury later. He stated that these warrants were not only bought by the oidores, but by practically all the officials of the government. During Cerezo's term a sum in excess of 100,000 pesos was said to have been paid out to officials as usury. [631]

Corcuera presented a scheme of reform designed to remedy the evils resulting from the succession either of the audiencia or of an irresponsible military commander to the ad interim governorship. He recommended that the regularly appointed governor should be a.s.sisted by five commissioners, who should be military men, holding the respective commands of Fort Santiago, Cavite, the Port of Manila, Formosa, and the Parian. These were to be eligible in the order named in case of a vacancy. This plan, like so many of the schemes of the soldier governors, only took cognizance of the military side of the governor's office. The marked tendency of these commanders was to continually underestimate the administrative and political phases of their positions. The plan of Corcuera was not adopted, however, and the viceroy continued to appoint temporary governors to succeed the audiencia when it a.s.sumed the government ad interim.