The Philippine Islands, 1493-1898, Volume 51, 1801-1840: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
History
The Philippine Islands, 1493-1898, Volume 51, 1801-1840: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
government of the islands, and any failure in this should be made a
charge in his residencia.]
Of the administration of justice in general
The consideration and respect which the Audiencia of Manila merits
among the Indians proceeds also from those times in which its
members made official visits to the provinces, and in these visits
did so much good to the villages. The visiting auditors were, in
reality, friendly mediators in the disputes between the Indians;
and they made agreements, placed limits to the villages, furnished
a sort of municipal ordinance, and protected the natives against the
oppressions of the alcaldes-mayor. Notwithstanding my high opinion of
that tribunal, I regard as very proper the provisions of law xxxiv,
título ii, book ii of the laws of the Indias in regard to the removal
and promotion of its ministers, basing my opinion on the same arguments
as did the law--that is, that it is very desirable not only to reward
them, but to uproot them from the friendships which they contract
in places where they remain a long time. These friendships, whose
influence is always detrimental to the equitable administration of
justice, are in Manila an almost necessary result of the small Spanish
population, of the lack of all public amusement or diversion, and of
the fact that with the enervating effect of the climate the rectitude
and vigor of European morals is lost after some years of residence
in the country. [The Audiencia has been unable to attend to the
administration of justice in the islands as it has desired, for it has
always been hindered by the many obstacles which arise from the storms,
the lack of roads and mail service, the attraction of all the lawyers
in the islands to the capital, the ignorance of the gobernadorcillo and
the alcalde of each other's language and of judicial procedures, the
dilatory mode of carrying on these between the provinces and Manila,
etc. "Thus it is very common that these lawsuits, besides being always
full of defects, last three, four, or six years; and that in that
long period either the delinquents take to flight, or the documents
are lost." Even in the Audiencia itself there are many obstacles to
its action. Its subordinate officials are Indian or mestizo lawyers,
who often are neither competent nor qualified for their positions;]
and that which most contributes to retard the despatch of business,
and to maintain the offices of the court without any organization,
is the unfitness of those who occupy the class or purchasable and
renunciable offices. The court clerk, the special commissioners,
and the attorneys know nothing else than how to obtain the greatest
possible advantage from the purchase of their offices. Without any
instruction in the obligations of those positions, because they cannot
acquire it in that country, and incapable of carrying out even what the
ministers themselves have the patience to teach them, those men are,
Public-domain text, read in full here on John Shaqi.
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