CHAPTER VIII
THE AUDIENCIA AND THE GOVERNOR: CONFLICTS OF JURISDICTION
Although it may be said that the relations of the governor and the audiencia were comparatively peaceful and harmonious throughout the history of the Philippines, there were many conflicts of jurisdiction and these struggles for power assume great prominence on account of their bitterness. An investigation of the principles underlying them and the arguments advanced by the contending parties will go far towards explaining the relationship of the audiencia with the governor.
Certain factors and conditions were always prevalent in the colony to cause trouble and provoke enmity between the governor and the oidores. Chief among these were the rivalry between them for commercial profits, jealously of power and advancement, and the desire on the part of all, and particularly of the governors, to enrich themselves. Officials tended to regard their appointments as commissions to engage in profitable ventures and business undertakings—opportunities which were to be immediately improved. It is probable that the presence of the audiencia did more to check this tendency than any other agency, for the documents bearing on the history of the colony are replete with charges made by oidores and fiscales against governors. It is also true that the oidores did effective work in correcting the misdeeds of the provincial governors and justices on their official tours of inspection. That the audiencia should accomplish this result was to be expected, since the leading purpose of its establishment was to check the excesses of the governor. The other side of the question cannot be neglected, however, for charges were made in sufficient number against the oidores. It is with these charges and counter-charges, memorials, complaints, and arguments that the present chapter is concerned.
The method to be pursued in this chapter will be that of indicating in all fairness both sides of these conflicts, not with the purpose of seeing which side was right, but with the object of obtaining the respective viewpoints of the governors and magistrates. We shall first consider evidence which was submitted in behalf of the audiencia against the governor, and in turn, that of the governors against the oidores. This method of procedure is the only one feasible since the materials here utilized consist mostly of arguments for or against the governor or audiencia, respectively.
We have already seen that the first notorious disagreement in the colony arose between Bishop Salazar and Governors Ronquillo de Peñalosa and Santiago de Vera. This occurred before the establishment of the audiencia. The audiencia was in fact established partly to have an impartial tribunal present to arbitrate such disputes, and partly to check the excesses of the governor.[1] We have also given attention to the charges made by Oidor Dávalos against his fellow-magistrates and the governor shortly after the audiencia was established. It has been noted that the incessant quarreling between the governor and the audiencia from 1584 to 1589 was one of the causes for abolishing the tribunal at the latter date. From 1590 to 1595 the governor was supreme in matters of government, war, and justice. It was clearly shown during this period that the discord of a quarrelsome tribunal was eminently to be preferred to the unchecked abuses of an autocratic governor. In 1595 the audiencia was re-established by royal enactment; from that date onward it became a permanent part of the government, notwithstanding the fact that its relations with the other institutions of the colony were not harmonious.
There were two complaints most frequently made against governors. One of these was their commercial excesses and the other, their abuse of the power of appointment. The former consisted of the monopoly of galleon space for themselves, or their friends, the acceptance of bribes from merchants for various favors, or the manipulation of the Chinese trade in some way for their own advantage. The tendency of governors to appoint their friends and relatives to office, notwithstanding the royal prohibition, and the apparent inability of the audiencia to prevent this was a source of complaint, especially during the early years of the colony.[2] Dishonest proceedings in the sale of offices, including the retention of the money received and the disposal of offices to friends for nominal sums, were among the irregularities of the early governors. These abuses the magistrates often knowingly permitted in return for some favor allowed them by the governor. That the laws which forbade these abuses of the power of appointment had been openly and flagrantly violated was a charge brought up repeatedly in the residencias of governors and magistrates. An examination of the correspondence of the seventeenth and eighteenth centuries would almost lead to the belief that the home government despaired of ever righting these wrongs, and left them unpunished, rather directing efforts towards reform in other channels in the hope of remedying greater defects.
Perhaps no governor more flagrantly disregarded the audiencia and the royal authority which it represented, or more frequently laid himself open to complaints on account of his violent conduct than Alonso Fajardo, who ruled from 1618 to 1624. Numerous charges were brought against him by the audiencia, some of which concerned itself, and some had to do with the general administration of the government. It was charged that Fajardo sought to usurp the judicial functions of the tribunal, and to assume control of the administration of justice. He had on one occasion broken up a session of the court during the trial of a certain person for murder, ordering a sergeant to take him out and hang him. Fajardo defended himself against this accusation by alleging that the criminal was a sailor from the royal fleet, whom he, as captain-general, had already condemned, and that the audiencia was acting illegally in entertaining the case. Fajardo was said to have released prisoners at his own pleasure, and to have abused the pardoning power. He had made threats of violence against the magistrates in the court-room.
The audiencia not only complained against this governor’s interference with the exercise of its functions as a court, but it manifested a wider interest than the purely judicial by complaining against the excesses of the governor in his own administrative field. The charge was made that Fajardo had bought up due-bills and treasury certificates from the soldiers and other creditors of the government, at less than their face value, and had presented them to the oficiales reales, realizing the full amount on them, and retaining the proceeds. He was charged with exacting large sums from the Chinese in exchange for trading privileges, retaining the money himself instead of putting it into the treasury. He was said to have forced loans from the merchants in order to make up financial deficits, and to have taken money out of the treasury, secretly, at night. Another charge brought against him was that of allowing favorites to go out and meet the incoming ships of the Chinese, thereby obtaining for himself and for them the choice parts of the cargoes in advance of the merchants of Manila.[3] There is no evidence that the tribunal was able to put a stop to these abuses.
Oidor Álvaro Messa y Lugo, in a letter written to the king on July 20, 1622, continued the campaign which had been started by the audiencia against this governor. He claimed that Fajardo had sought to prevent officials and private citizens from sending complaints to Spain against him by examining all the outgoing mail before it left the colony. The oidor showed that wastefulness, private trade, bribery, carelessness in the administration of the exchequer, neglect of shipbuilding, corruption, and personal violence were among the misdeeds of this governor. Messa reported that he had tried unsuccessfully to authorize the auditing of the accounts of the galleon for two successive years, in accordance with the royal instructions which ordered that it should be done at the termination of each voyage by the fiscal and two oidores.[4] Messa said that the governor feared to have the colony’s finances examined for it was well known that they were in a deplorable state.