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
It would appear, therefore, from this survey of the laws, that the
audiencia was provided with ample means for restraining the action
of the governor. This it could do either by admonition, by appealing
from his decisions in administrative matters, or by blocking him in
the acuerdo. It was evidently the design of those who planned the
legislation of the Indies to guard at all times against the excesses
of an all-powerful executive. Such was certainly the purpose of
the establishment of the audiencia, both in the Americas and in the
Philippines. Taking into consideration the three hundred years of
Philippine history, however, it cannot be said that in the actual
operation of the government these precautions were entirely effective.
According to the laws of the Indies the governor, as executive, had
his own sphere in which the oidores were forbidden to interfere. [455]
In the light of our investigation, however, it would appear that
this exclusive field was exceedingly limited, and that even it was
continually subject to the encroachments of the audiencia. In the
exercise of his military authority the governor was independent
of the tribunal, although we shall see that on some occasions the
audiencia exercised military jurisdiction in an executive capacity,
and that there were times when the governor was glad to call upon
the audiencia for assistance in this matter. As president of the
audiencia the governor exercised considerable authority during the
first half of the history of the colony, but from 1776 to 1861 his
position as president was merely nominal, and at the latter date it
was abolished. He was the chief administrative official of the colony,
and his authority in this particular was more far-reaching than in
any other. In this, however, he was limited by the acuerdo of the
audiencia, which developed, as we have seen, from an advisory to a
legislative function, and ultimately had the effect of limiting the
governor in his hitherto exclusive field.
CHAPTER VII
THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION
The isolation of the Philippines, their distance from the home
country and New Spain, and their proximity to the colonies and trade
routes of rival nations, made the problem of defense the foremost
consideration. This was almost equally true of New Spain, Perú, and
the West Indian colonies, all of which were exposed to the attack
of outside enemies, though, of course, they were neither as isolated
nor as far away as the Philippines.
Public-domain text, read in full here on John Shaqi.
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