The governor’s accountability for the government of the Chinese was closely related to his jurisdiction over military affairs. The Chinese were regarded with great suspicion by the residents of Manila, who lived in constant fear of an outbreak in the Parián, or of a descent upon the coast of Luzón by Chinese from without. The problem of the Chinese was therefore essentially one of defense, and as such it was entrusted to the governor and captain-general. Nevertheless, the audiencia claimed the right to intervene in many matters pertaining to the government of these people, and there was much dissension between the oidores and the governor over this question. The governor on some occasions rigidly resisted the claims of the audiencia to exercise jurisdiction over the Chinese, and on others he invited the participation of the tribunal. This state of affairs was brought about by the seeming conflict of the laws bearing upon this question.
The earliest legislation to be found in the laws of the Indies dealing with the government of the Chinese was enacted on April 15, 1603.[44] This law forbade the alcaldes ordinarios to exercise jurisdiction over suits of the Chinese in the Parián, but it ordered that all cases involving them should be tried by a special alcalde of the Parián with right of appeal to the audiencia. A special judge was thus created by this law, with jurisdiction over the Chinese.[45] The purpose of this enactment was to establish a system of judicial procedure for the Chinese, whereby the latter might be kept apart from the Spaniards and natives in judicial as well as in governmental administration. This necessity was partly based on economic considerations, and partly on racial and religious reasons; it was designed essentially for the protection of the Spaniards.[46]
On the basis of the above law of April 15, 1603, the audiencia immediately proceeded to concern itself with the government of the Chinese. It claimed jurisdiction particularly over the right to issue licenses allowing Chinese to reside and trade in the Philippines. This authority was also claimed by the governor and captain-general, who was responsible for the defense of the Islands. The audiencia also proceeded to issue regulations for the Chinese trade, laying itself open to the charge of selfish interest in these commercial activities. Complaints against the audiencia’s intervention reaching the court, new regulations were issued on November 4 and December 1, 1606, which forbade the audiencia to concern itself with anything relative to the government and administration of the Parián, or with the Chinese who might come to the Islands for the purpose of trade, except at the solicitation of the governor.[47] In the letter accompanying these orders, the king informed Governor Acuña that although the Chinese in the Parián were under his charge, he was to take no important steps for their government without first consulting the audiencia. The inference of this law is clear, therefore, that the audiencia might have other activities than the purely judicial. This implication gave rise later to a considerable difference of opinion, but in consequence of this law the governor was established as the fountain of authority in Chinese affairs, with the oidores in a secondary position.
On June 12, 1614, Philip III re-enacted the above law with some modifications. The fiscal was made legal protector of the Chinese. He was ordered to advise the alcalde of the Parián in legal matters pertaining to them, and the alcalde was to take no important steps without the advice and assistance of the fiscal.[48] The governor was ordered not to allow any ordinary or special judge, alcalde del crimen, or oidor, to exercise jurisdiction in first instance over civil suits or criminal cases of the Chinese, or to make inspections in the Parián. The last clause of this law, however, qualified and rendered dubious the effect and meaning of the entire enactment, by adding, “unless in a case so extraordinary, necessary and imperative that it may appear convenient to limit this rule.”
It will not be extraneous to point out here that this was a common weakness of many laws, by which they were frequently rendered entirely inapplicable. In this case, for example, the evident object was to prevent the oidores from interfering in Chinese affairs, thus guaranteeing the government and administration by officials who were endowed with knowledge and understanding of their racial characteristics and peculiarities, while centering the ultimate responsibility for them in the governor. It was realized, however, that exceptional cases might arise in which some other procedure might be advisable, and accordingly a loophole was left whereby the entire law could be nullified. The audiencia was thus given a basis for intervention in the government of the Chinese whenever it suited the convenience of the magistrates. This defect is emphasized here because this particular exception justified the intervention of the audiencia on many occasions, and was a cause of continual contention between the governor and the audiencia in Chinese affairs.
Although it is difficult to settle conclusively the question of the extent of jurisdiction which the governor and the audiencia, respectively, exercised over the Chinese in the Parián, a few cases may be presented in this connection to show that both the governor and the audiencia were justified by royal authority in advancing claims to control. On December 4, 1630, the king wrote a scathing arraignment of the audiencia for having entertained an appeal from the Chinese over the head of the governor, practically disregarding the latter, and for making recommendations relative to the Chinese and to military affairs, which questions were entirely outside its province.[49] One of the items of the report of the recent visitor-general to the Philippines, Licentiate Francisco de Rojas y Ornate in 1629, had been a charge that the audiencia had condemned and fined a Chinese merchant for smuggling munitions of war into the colony, after the latter had proved that he had been acting under the instructions of Governor Silva.[50] The visitor-general took the position that this case was entirely within the military sphere; therefore the governor’s decision was final, and the audiencia was proceeding without jurisdiction in attempting to deal with it. The king called upon the tribunal to justify its action in the matter.[51] It is to be noted that in this case the point at issue was not that the audiencia was interfering with a Chinaman who should have been punished by another authority, but that in assuming jurisdiction the audiencia had infringed on the special prerogatives of the governor with regard to war and government. The frequency and seriousness of the Chinese insurrections in the early seventeenth century, and the fear of a hostile invasion from China, placed all questions of dealing with the Chinese upon a military basis, hence the authority of the governor.
Much correspondence of various kinds might be cited to show that the governor was encouraged to consult the audiencia on Chinese affairs. Not only was the governor expected to do this, but the king himself directed many letters to the “governor and audiencia” and to the “governor and oidores,” in which he asked for advice and information bearing upon Chinese affairs. As we have already seen, cédulas treating of these matters were frequently expedited to the “governor and audiencia.” The audiencia was requested by the royal authority on August 8, 1609, to submit information as to the truth of various statements by persons in the Islands that the Chinese were carrying away vast quantities of silver. The audiencia was ordered to enact measures which would stop this abuse, which, if persisted in, would inevitably result in an impoverishment of the Philippine community and government. The oidores were asked to suggest a course of action which would result in the retention of the Chinese trade and at the same time prevent the Chinese from doing irreparable damage to the royal exchequer in the ways alluded to.[52]
In further illustration of the same subject, we may note the instructions of the king to Governor Silva, dated March 27, 1616. On this occasion the king prescribed a course of action for the governor to follow in case of the invasion of the Islands by the Chinese and Japanese. He was especially directed to prevent a union of the Chinese in the Parián with the forces of the expected invaders. Silva was ordered to take no steps without first consulting the oidores.[53] On July 25, 1619, having received news of the insubordination of the Chinese in Manila and of the danger of a revolt among them, the king wrote to the “president and oidores” expressing the belief that too many Chinese had been admitted to the Islands and that thereafter only enough should be permitted to man the ships and carry on trade.[54] The authorities to whom this letter was directed were charged not to allow the royal will relative to this matter to be disregarded, which, of course, implied the exercise of an executive power on the part of the magistrates, in addition to consultative authority.
Again, on December 31, 1630, the king wrote to the governor and audiencia, stating that there had been received at the court from the Chinese of the Parián, a series of memorials, letters and petitions, complaining against the rigor of Spanish administration and requesting that they might be governed by mandarins, governors and alcaldes mayores of the “Chinese nation.” The king signified his unwillingness to comply with their request at this time, and accordingly ordered the governor and audiencia to permit no changes to be made.[55] On July 27, 1713, the tribunal, acting in a legislative capacity, decreed that within thirty days “all Moros, Armenians, Malabars, Chinese and other enemies of the Holy Faith” should be lodged in the Parián when visiting Manila, or when living there temporarily for purposes of visit or trade. Penalties were also prescribed for the infraction of the above law.[56] This affords one illustration out of many which could be cited of the legislation of the audiencia in Chinese affairs.[57]
On May 14, 1790, the king wrote to the “governor and president of the royal audiencia” and also to the tribunal, ordering the re-establishment of the Parián. This Chinese quarter had been abolished since 1756. It was agreed that the Chinese in this district should be ruled by an alcalde, who should also hear cases in first instance, with appeal to the audiencia. It was furthermore decreed that the Chinese population in the Islands should be fixed at 4000 and that each individual should be taxed at the rate of six pesos per capita.[58] This tax was to be collected by the cabecilla of the Chinese, a sort of local leader, subject to the alcalde of the Parián. This cédula, the king stated, was originally suggested by the acuerdo of the audiencia, and had been submitted for royal approval, which had been duly conceded. This correspondence, which shows the real operation of the government much more accurately than the citation of laws alone could do, makes it quite clear that throughout the history of the Islands, notwithstanding the existence of many cédulas to the contrary, the audiencia exercised advisory power in regard to the government of the Chinese. This authority was repeatedly recognized by the governor and by the king himself.