The newly constituted audiencia busied itself at once with the task of government. Archbishop de la Cuesta, among others, questioned the legality of the tribunal’s opposition to the excommunication of its members. He was arrested by the governor, and then arose the contest which culminated in the murder of Bustamante, in the suppression of his audiencia and in the first officially recognized government by a prelate in the Philippines. The archbishop reappointed all the former magistrates to office, with the exception of Torralba, and the misdeeds of the government of Bustamante were saddled upon the ex-magistrate.
Two noteworthy considerations stand out prominently in connection with this struggle; first, the influence of the governor over the audiencia, and his power to deprive regularly appointed magistrates of their positions and to constitute a new audiencia if he chose, notwithstanding the prohibition of the laws, and, second, the complete control by a governor over an audiencia which he had created. It is not necessary to state that the Madrid government discredited all the later acts of Bustamante’s administration, including the recall of Torralba, who was a self-confessed criminal under arrest, when restored by the governor. There is nothing to show, however, that the king disapproved of the acts of Bustamante in creating a new audiencia, unless it were the royal approval of Cuesta’s act of reconstituting the old tribunal. Torralba, in his residencia, was made to suffer for all the misdeeds of his government (in reality that of the audiencia, Torralba being decano, 1715–1717), as well as for those of Bustamante (1717–1719).
The audiencia, after it had been reconstituted by the archbishop-governor, neglected to investigate the causes of the governor’s death, alleging as a reason that
this proceeding will greatly disturb the community; that to proceed against these persons will be to cast odium on and grieve nearly all the citizens, since the commotion was so general; that all those who went out on that occasion did so “in defense of the ecclesiastical immunity, the preservation of this city, the self-defense of its inhabitants, and the reputation of the [Spanish] nation;” and that to carry out this plan would be likely to cause some disturbance of the public peace.[31]
In a word, the influence of the archbishop was sufficient to keep the audiencia from undertaking a formal investigation of the causes of the governor’s death. It was quite generally recognized that the murder had been committed in the interests of the prelate, probably by an assassin who had been in his pay, or in that of his friends, the Jesuits. This is another illustration of the subserviency of the audiencia to the governing power, on this occasion a churchman, who had actively participated in the removal of his predecessor.
An interesting though ineffective protest was made by the audiencia against the appointment of José Basco y Vargas as Governor of the Philippines in 1778. A communication was sent to the court describing the abject state into which the king had degraded the audiencia by subordinating it to a man whose title and rank as Captain of Frigate gave him only the right to be addressed as You, while each of the magistrates enjoyed the title of Lordship. The Council rejected the complaint as an absurdity, after which certain oidores conspired to bring charges against Basco y Vargas, to arrest him and to make Sarrio governor. The latter had been ad interim governor after the death of Anda, and he was at that time the beneficiary of the title and position of segundo cabo, or second in command of the king’s forces in the Islands. Sarrio refused to join the magistrates in their revolt against the governor. Basco y Vargas was informed of their treason, and it is significant that he complied with the royal laws, not by attempting to punish the offenders himself, but by sending the recalcitrant magistrates to Spain where they were dealt with by the Council of the Indies.[32]
This was only a prelude to the discord which existed throughout the administration of this able governor. The king was obliged to issue special cédulas on various occasions, ordering a cessation of the perpetual discord.[33] Basco y Vargas formed a society for the advancement of the economic interests of the Islands,[34] and in that, as well as in his successful organization of the profitable tobacco monopoly, he was opposed by the audiencia. The tribunal claimed that the governor was limiting its sphere of authority in inaugurating these reforms.[35] Basco y Vargas recommended and brought about the separation of the superintendency of real hacienda from the rest of the government. This the audiencia also opposed, but in the contest over jurisdiction which ensued between the governor and the intendant, the governor and the audiencia acted in complete harmony, because this new official threatened their mutual interests and prerogatives.[36]
Outlawry and highway robbery became so common throughout the Islands during the term of Basco y Vargas that the governor appointed prosecutors, sheriffs, and judges-extraordinary to assist in the preservation of order, which the alcaldes mayores were not able to accomplish by themselves. The audiencia, feeling that this was a grave intrusion upon its prerogatives, appealed to the king and succeeded in bringing the sovereign displeasure upon the head of the governor. The royal cédula stated that there was no need of these additional officials. The judicial machinery which had been provided for the Philippines from the beginning was sufficient. The governor was warned, furthermore, to abstain from meddling with the jurisdiction of the audiencia.[37] This case confirms the statement already made in this treatise that during this period and, in fact, after the establishment of the regency in 1776, the governor exercised a diminished authority in judicial affairs. When Basco y Vargas took his office as governor of the Philippine Islands, he was obliged to subscribe to two oaths, one as governor, and the other as president of the audiencia, but he was warned by a special decree of the king to keep from confusing these two functions as former governors had done.[38]
Many disagreements took place between the audiencia and Governor Marquina, who succeeded Basco y Vargas. Marquina quarreled with the audiencia over almost every act of government in which he had relations with the tribunal. Marquina was said to have repeatedly disregarded the acuerdo and to have done as he pleased in matters wherein the audiencia had been or should have been consulted. There was a bitter contest in 1789, shortly after the arrival of this governor, because he had excused various officials of real hacienda from appearing when summoned to the audiencia to serve as witnesses. Marquina did this, he claimed, because they were needed in the provinces as financial agents, and because their absence from their posts of duty would entail a grave loss to the government. The audiencia solved the matter by forwarding all the correspondence relative to these cases to the Council of the Indies. It may be said that Marquina, in exempting these witnesses, was acting in his capacity as president of the audiencia, but in his solicitude that no loss should occur to the royal exchequer he was acting as superintendent of real hacienda, which was within his authority.[39]
In 1790 Marquina recommended the abolition of the audiencia on the grounds that its continued presence constituted an obstruction to the harmonious working of the machinery of government. He said that the tribunal was a powerful weapon in the hands of men who used it for their own personal advancement. In the place of an audiencia he suggested the substitution of three asesores, one for civil and criminal cases, one for real hacienda, and another for commerce and the consulado. These asesores would have jurisdiction over the cases which corresponded to these three departments. This scheme, he believed, would effectively provide for all the judicial cases arising in the Islands.[40] To this scheme, however, the Council paid no heed.