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
As matters of trade were always important in the life and politics of
the Islands, commercial suits commanded a large share of the attention
of the audiencia. Up to 1769 the jurisdiction of the audiencia was
supreme in matters relating thereto, [182] but on December 13 of that
year a consulado was established at Manila, thereby relieving the
audiencia of much of its former control over commercial affairs. [183]
The consulado, from the time of its establishment, was an ever-present
thorn in the side of the audiencia and conflicts over the respective
jurisdictions of the tribunals [184] were continually arising. We
may briefly cite one or two cases to illustrate the respective
jurisdictions of the audiencia and the tribunal of the consulado. On
December 26, 1806, action was brought by two Spaniards against the
British firm of Jacob Smith and Company on account of the inferior
quality of goods sold to the plaintiff by that firm. [185] Suit
was brought originally in the audiencia, but the consulado applied
to the governor for jurisdiction in the case on the ground that,
as a commercial suit, it should be tried in the consulado. [186]
The governor awarded jurisdiction to the audiencia. The consulado
re-appealed the case, but the Council sustained the governor's decision
on the ground that this was a suit between a private individual and
a merchant which should be tried in the audiencia, the tribunal which
usually tried cases between individuals. The function of the consulado,
the royal decree stated, was to try suits of a commercial character
which arose between merchants. [187]
An occasion on which the jurisdiction of the audiencia was unquestioned
may be noted in the suit which was appealed to the Council of the
Indies from the audiencia in 1698, over the wrecking of the galleon
"San Francisco Xavier". The admiral, Don Esteban Ramos, was held
accountable for the silver carried on the ship and the merchants of
Manila sued him for what they had lost in the wreck. [188] It was
charged that Ramos had landed the silver, but was seeking to conceal
that fact, claiming instead that it was lost. The case was appealed
to the Council by the defendant. [189] The Council referred the case
to the Junta de Guerra, [190] and that tribunal reversed the decision
of the audiencia, declaring that Ramos was a faithful servant of His
Majesty, and still a poor man. There was no possibility of his having
the silver. Ramos was transferred to the Atlantic flota. [191] The
royal fiscal, in the opinion rendered for the guidance of the junta,
made the comment that frequently the oidores of colonial audiencias
were influenced, against their own ideas of justice, by the opinions
and wishes of the most powerful residents. Such was possibly the case
in Manila on this occasion. This statement at least shows that those
in control at Madrid were aware of some of the fundamental weaknesses
of the colonial audiencias.
Public-domain text, read in full here on John Shaqi.
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