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
jurisdiction over the case had been surrendered to the governor on
account of its military character. This procedure was accordingly
approved by the Council. Soon after, report came of the receipt by
the audiencia of the former judgment of the Council, relative to the
action first taken by the audiencia, with the information that since
the will of the Council was known, the governor had surrendered the
prisoner again to the jurisdiction of the audiencia. Disgusted at
the contradiction and cross-purposes at which the authorities in
the Islands were working, the king decreed on March 27, 1802, that
cases involving Indians should be tried in the audiencia, but that
this poor wretch had been tried and retried, condemned and condemned
over again so often that he had already expatiated his crime. He was
accordingly authorized to go free. [475]
The king administered a severe reprimand to the governor and oidores on
this occasion for their insistence on these small points of personal
dignity in which the real purpose of the law was entirely overlooked
in the pompous insistence of these officials on what they imagined
to be their own particular rights. The case just alluded to began
in 1792, and was carried through ten years of petty strife. The
blame for this cannot be ascribed entirely to the magistrates of
the audiencia, or to the governor, who had to act in accordance with
the law as he interpreted it. The real fault lay in the failure of
the Spanish governmental system to place implicit confidence in the
judgment and ability of its servants. Considering the final ends of
justice, it made little difference whether sentence was pronounced
upon this individual by the governor as military commander, or as
president of the audiencia. It is true that the authorities might
have compromised on many occasions; indeed, from the viewpoint of
history it may be said that they should have done so, instead of so
often wasting their energies on these petty battles. These incessant
disputes were encouraged and facilitated by the ease with which appeals
could be made to Spain, thus hindering the immediate execution of
decisions. The Council of the Indies interfered in details which should
have been left entirely to the colonial authorities. This interference
encouraged appeal, and matters of no relative importance to Spain's
colonial empire frequently occupied a large share of the attention
of the sovereign tribunal. Colonial officials were not entrusted with
the authority and responsibility which they should have had, and the
central government wasted its time attending to small affairs which
should have been concluded by subordinates in the colonies.
Public-domain text, read in full here on John Shaqi.
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