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
The Dominicans were of the opinion that the governor had authority
to discipline the oidores, but in so doing he could not go so far
as to remove them from the tribunal unless commanded to do so by
the Council of the Indies. Whatever disciplinary action the governor
might decide on, it should not be taken on his own authority, but in
the execution of the orders of the Council of the Indies.
This opinion, the Dominicans alleged, was in accordance with the laws
of the Indies. [544] They cited, in support of their argument, an
instance in which the king reproved Gálvez, the Viceroy of New Spain,
because, without the authority of the Council, Gálvez had suspended a
magistrate of the Audiencia of Mexico, whom he should have honored and
to "whom he should have accorded the treatment of a colleague." [545]
The Dominicans expressed the opinion that the prosperity of the
Islands and the welfare of the government depended on the audiencia,
and though it might be desirable to remove the oidores for personal
guilt, it could not be done in this case without wrecking the entire
government. The king, himself, had shown respect for the inviolability
of the audiencia when, in 1710, he had judged all the ministers to be
equally guilty of not having fulfilled the laws and ordinances on the
occasion of the coming to the Islands of the Patriarch of Antioch,
[546] satisfying himself with the removal of the decano only and
allowing the other magistrates to remain.
Disregarding the advice of this learned body, turning a deaf ear to
the protestations of the archbishop, and heeding only the counsel
of the Jesuits, which was more favorable to his wishes, Bustamante
proceeded to execute his own will in a manner which proved distasteful
even to the order whose advice he was following. [547] He arrested
and imprisoned the guilty magistrates and created a new tribunal
out of his own clientele, leaving only Villa, a former magistrate,
in office. The latter protested against the action of the governor,
and retired to the convent of Guadalupe, near Pásig. Informed that
there was a conspiracy against his life and needing the counsel of some
person, or persons, on whom he could rely, Bustamante was well-nigh
desperate. His government, as it then stood, lacked the complexity of
legality which the presence of one oidor of royal nomination would
have given it. In order to remedy this defect he released Torralba,
the guiltiest of the former magistrates, and the man under arrest for
the defalcation of 700,000 pesos of the king's revenue. Torralba's
crimes had been notorious, and the act of Bustamante in associating
himself with a person of the unsavory reputation and the unpopularity
of Torralba not only divorced him from whatever popular sympathy he
might have had among the residents of the colony, but it aroused the
hostility and antagonism of the Jesuits who had been heretofore the
governor's friends. Aside from the unfortunate character of the act,
Public-domain text, read in full here on John Shaqi.
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