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
We have noted, in general, that the audiencia exercised functions
and prerogatives which were not conferred upon it by the laws of the
Indies. The type of men who were appointed to the office of governor
and captain-general made inevitable the accretion of power in the
hands of the magistrates. The audiencia gradually came to assume
more attributes than the solely judicial ones. Necessity compelled
the governor in many instances to entrust the tribunal with many of
his own functions because of his lack of skill and experience as an
administrator or on account of his devotion to military affairs. In
these ways the acuerdo came to be legislative as well as advisory; the
frequent absence of the governor, or his death, led to the audiencia's
assumption of the governorship and the tribunal was always reluctant
to surrender the administrative powers once gained.
Jealousy between officials and the resultant conflicts of authority
may be classified together as a cause of strife. These difficulties
resulted in part from the fact that the sphere of authority of each
official was not defined with exactness in the laws of the Indies,
and also because those laws were often countermanded by later
cédulas of whose existence the colonial officials were not always
aware. Spanish laws were frequently repealed and subsequently put
in force without notice; this was always a source of confusion. Then
again the exceptional opportunities for trade offered by the transfer
of the rich oriental cargoes at Manila tempted oidores and governors
alike. The trading privileges conceded by the government did not
always end when the limit of permission was reached. Some officials,
and particularly governors, could command more than their rightful
share of galleon space; this led to disputes and recriminations which
often interfered seriously with the government. We have noted that the
appointing power which belonged nominally to the governor and which was
shared by the oidores was also a source of much trouble. The knowledge
that the residencia would ultimately bring about the punishment of
guilty officials and enemies, the distance and isolation of the colony,
and the length of time necessary for communication--all these factors
made it possible for officials to commit excesses. Another cause of
discord was what might be termed the reaction of the executive against
the increased power and authority of the audiencia. This accretion
of power was due to the complete dependence of the governor on the
tribunal in administrative matters, especially at the beginning of
his term, the increasing power of the acuerdo, the superiority of the
audiencia as a court of appeals from the decisions of the governor,
and the fact that the latter always needed the presence of the
audiencia to lend legality to his government.
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