The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
Governor Marquina, superintendente subdelegado de real hacienda from
1789 to 1793, refused to permit oidores to serve as asesores of the
monopolies of betel, wine, and tobacco. These magistrates claimed,
however, that they were entitled to the appointments, since they
had occupied these positions before July 26, 1784, the date of the
creation of the intendancy in the Philippines. They conceded that
they had been relieved of jurisdiction over these rents on that date,
and that the authority formerly exercised by them had been assumed by
the intendant. [311] By the cédula of November 23, 1787, however, the
intendancy had been abolished and the government restored to "the state
and condition which had previously existed." [312] This would mean
that the oidores should again hold these asesorías, and on the basis
of this reasoning they demanded that the governor should return them.
The oidores did not tamely submit to a deprivation of their posts as
asesores on the occasion of the establishment of the intendancy. They
complained to the king, alleging that these appointments belonged
to them by their own right. The king inquired of Governor Basco y
Vargas why the oidores had not been designated for these duties. The
governor replied that the supervision of the rents had been assumed by
the intendant, but that their direction belonged at that time to the
governor and superintendent, by virtue of the cédula of November 23,
1787. [313] He stated that the oidores had no right of their own to
these asesorías, since the faculty of appointing asesores had been
conferred on the governor (or viceroy) by the laws of the Indies,
[314] and in times past governors had appointed lawyers who were not
oidores. There was therefore no obligation on the part of the governor
to give these places to oidores; indeed, the laws of the Indies had
emphasized the undesirability of doing so. [315]
Basco y Vargas, in pursuance of this conception of his rights and
duties, combined all of these asesorías under the direction of one
office, placing them under the orders of his own asesor, leaving
oidores in charge of each minor asesoría, except that of tobacco,
which was placed under the immediate direction of the governor's
asesor. The king approved this action, giving the new official a
new title, that of asesor de todo lo directivo y lo económico de la
superintendencia subdelegada de la real hacienda de Filipinas. [316]
The local authority appointed Magistrate Castillo y Negrete to this
new position at once, but the king, on the ground that the law [317]
forbade an oidor to hold such an office, disapproved of the appointment
and gave the place to Rufino de Rivera, who had formerly been auditor
de guerra and asesor de gobierno.
Public-domain text, read in full here on John Shaqi.
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