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
In 1790 Marquina recommended the abolition of the audiencia on the
grounds that its continued presence constituted an obstruction to
the harmonious working of the machinery of government. He said that
the tribunal was a powerful weapon in the hands of men who used it
for their own personal advancement. In the place of an audiencia
he suggested the substitution of three asesores, one for civil and
criminal cases, one for real hacienda, and another for commerce and the
consulado. These asesores would have jurisdiction over the cases which
corresponded to these three departments. This scheme, he believed,
would effectively provide for all the judicial cases arising in the
Islands. [558] To this scheme, however, the Council paid no heed.
Considerable attention has been given in another chapter to
the charges made by the audiencia against Marquina at the
time of his residencia. These complaints show that a state of
continual disagreement had existed between these two authorities
throughout the entire term of the governor, and the bringing of
these charges was instrumental in making Marquina undergo a very
strict investigation. Personal jealousy was no small factor in these
continual recriminations. At no subsequent date, however, were the
large issues at stake which were characteristic of the struggle between
the audiencia and the governor at the time of Fajardo, Curuzaelegui,
and Bustamante. Those were death-struggles on the issue of whether
the audiencia should be an independent tribunal or whether it should
be subservient and subject to the governor. During those struggles the
tribunal was momentarily suppressed, or converted into an instrument,
in the hands of the governor. But these were exceptional cases, and
during the greater part of the long period of three hundred years
the relations between the audiencia and the executive were not so
discordant as they would seem to have been, judging by the instances
cited in this chapter. The audiencia, on all occasions of dispute
with the governor, was able to offer a formidable resistance to his
so-called encroachments on the prerogatives of the tribunal. Although
the governor, on most of the occasions noted above, occupied the
stronger position, owing to his more recent instructions, the support
given to him by the church, and his control of the residencias of the
magistrates, nevertheless it may be said that either authority was
sufficiently powerful and independent to be respected as an antagonist
by the other, and each was indispensable to the other.
Public-domain text, read in full here on John Shaqi.
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