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
To set some balance to his power (that of the governor), because of
the distance from the throne, certain privileges and preëminences
have been granted to other persons, especially to the Audiencia,
even to the point of making of the latter a court of appeal
against the measures of the chief of the islands. Besides,
the revenues have been removed from his jurisdiction, and the
office of the intendant has been constituted, who obeys no
others than the orders communicated to him by the ministry of
the treasury from Madrid. It is very obvious that this single
point is quite sufficient to paralyze completely the action of
the governor-general. Besides, since there are many matters which
require to be passed on by distinct ministries, it happens that
two contrary orders touch the same matter, or that one order is
lacking, which is enough to render its execution impossible ... a
chief may detain a communication, even after he has received it,
if it does not suit him. This system of setting obstacles in the
way of the governor of a distant colony is wise and absolutely
necessary, ... there results rather than a balance among the
various departments of authority a confusion of jurisdictions,
the fatal fount of eternal discord. [452]
Mas made extensive quotations which were calculated to show "the
great confusion and contrariety of the orders to governor and
audiencia." This characteristic of the laws of the Indies has
repeatedly been referred to in this treatise, and we shall note
its results in a subsequent chapter dealing with the conflicts of
jurisdiction between the audiencia and the governor.
It is clear, therefore, that the decision of the governor was not final
in administrative affairs. Persons dissatisfied with his executive
actions or decisions in such matters were privileged to appeal to the
audiencia. If the findings of the tribunal differed from those of the
governor, and if the governor were still unyielding, his will was to
be obeyed but the case was thereupon appealed to the Council of the
Indies. [453] If the case were one of law and justice the governor,
on the other hand, was instructed to abide by the decision of the
audiencia, but he was privileged to carry the case to the Council of
the Indies. Thus it was that each of these authorities had a sphere
wherein its word was law, and its decisions final in the colony.
It was prescribed, however, that when there were differences of opinion
between the governor and the audiencia an effort should be made both
by the governor and the audiencia to avoid notorious disagreements
which would furnish a bad example to the natives, or otherwise degrade
the dignity of the royal tribunal or governor. Viceroys, presidents,
and audiencias were forbidden to take action in cases wherein there
was doubt as to their jurisdiction, or wherein there was a question
as to the advisability of taking final action. [454]
Public-domain text, read in full here on John Shaqi.
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