Considerable attention has been given in another chapter to the charges made by the audiencia against Marquina at the time of his residencia. These complaints show that a state of continual disagreement had existed between these two authorities throughout the entire term of the governor, and the bringing of these charges was instrumental in making Marquina undergo a very strict investigation. Personal jealousy was no small factor in these continual recriminations. At no subsequent date, however, were the large issues at stake which were characteristic of the struggle between the audiencia and the governor at the time of Fajardo, Curuzaelegui, and Bustamante. Those were death-struggles on the issue of whether the audiencia should be an independent tribunal or whether it should be subservient and subject to the governor. During those struggles the tribunal was momentarily suppressed, or converted into an instrument, in the hands of the governor. But these were exceptional cases, and during the greater part of the long period of three hundred years the relations between the audiencia and the executive were not so discordant as they would seem to have been, judging by the instances cited in this chapter. The audiencia, on all occasions of dispute with the governor, was able to offer a formidable resistance to his so-called encroachments on the prerogatives of the tribunal. Although the governor, on most of the occasions noted above, occupied the stronger position, owing to his more recent instructions, the support given to him by the church, and his control of the residencias of the magistrates, nevertheless it may be said that either authority was sufficiently powerful and independent to be respected as an antagonist by the other, and each was indispensable to the other.
These disagreements have been discussed in the foregoing pages largely from the view-point of the audiencia. Practically all the charges and complaints which have been cited were made in behalf of the audiencia, and these show the magistrates in almost all cases to have been acting in defense of their rights against usurpation and tyranny. Fairness demands, however, that the other side should be presented in the same manner.[41] Reference will now be made to a few of the many memorials heretofore unquoted, which were sent by various governors in protest against the alleged excesses of the audiencia.
As a first instance we may note the criticisms which Governor Gómez Pérez Dasmariñas made of the first audiencia which served from 1584 to 1589. We shall also consider the complaints which Dasmariñas made against Pedro de Rojas, former oidor and later teniente and asesor of that governor (1589–1593). Dasmariñas came to the colony shortly after the first audiencia had been suppressed and from his correspondence one may estimate the prevailing opinion of the tribunal which had been recently removed. The governor wrote as follows:
As the royal Audiencia was here so haughty and domineering, he (Pedro de Rojas) retains that authority and harshness, with which he tries to reduce all others as his vassals. In the matters of justice that he discusses, he is unable to be impartial, but is in many matters very biased. This is because of his trading and trafficking, which the president and all the auditors (oidores) carried on from the time of their arrival—and with so great avidity, trying to secure it all to themselves, that I find no rich men here beside them. This is the reason why Rojas ... and the auditors opposed the pancada in order that the consignments of money sent by them to China might not be known—which, at last, have come to light.[42]
The governor charged the audiencia, moreover, with having opposed the three per cent tax levied for the construction of the city wall. Indeed, he accused the magistrates of having influenced the friars to oppose all his acts as governor. He referred to the commercial excesses of the oidores, saying: “If the matter of inspection and the residencia held here had fallen to my order and commission, as it fell to that of the Viceroy of Nueva España, I would have proved to your Majesty the investments of past years.” He concluded with the statement that Rojas had been so busy with gain that he had been unable to attend to his other duties; he was “puffed up with the authority and name of auditor” (i. e., oidor). He protested against the transfer of Rojas to an office in Mexico, “for,” he wrote, “such men go delighted with their interests and gains from trade here, they are fettered and biased by their relations with the trade of this country.”
Thus we see that even this early in the history of the Islands, the oidores as well as the governors were accused of a predominating interest in commercial affairs.
Governor Pedro de Acuña recommended the suppression of the audiencia in 1604, although he said that he had had no serious trouble with that tribunal. His chief reason in favoring its removal was that an appreciable saving would be realized thereby. The audiencia was, moreover, very unpopular in Manila. He alleged that the name of oidor was so odious that it was in itself an offense. He stated that affairs had come to such a pass that
because I, in conformity to what your Majesty has ordered, have attempted to maintain and have maintained amicable relations with the auditors; and have shown, on various occasions, more patience and endurance than the people considered right; and more than seemed fitting to my situation, in order not to give rise to scandal; some have conceived hatred for me, publicly saying that ... I was neglecting to look after them, and that I could correct the evil which the Audiencia was doing. But as I cannot do that, it has seemed to me the best means to let the public see that there was good feeling between me and the Audiencia.[43]
Here we have the case of a governor, who, in order to get along in harmony with a quarrelsome and unpopular audiencia, gave way to it on many occasions, and even incurred the displeasure of the residents of the colony on account of what seemed to them to be the governor’s easy-going attitude. His zeal for the king’s service, as he expressed it, moved him to recommend the abolition of the tribunal. He said that the audiencia would not be missed if it were removed, since there were only twelve hundred residents in the colony and there were few cases to be tried. Most of the suits arising in the Islands could be adjudicated by the alcaldes ordinarios and appeals could be sent to Mexico. The acuerdo, or administrative session, Acuña alleged, existed in name only.
Acuña made practically the same charges that have been so often repeated already in this chapter. The magistrates had interfered in the appointment of officials, which the governor claimed as his sole prerogative. Each magistrate was accompanied on his journey to the Islands by a vast company of relatives and dependents, who came to get rich. These persons ultimately monopolized all the offices. Notwithstanding the king’s orders which forbade that offices should be held by relatives of oidores, the governor was placed in such a position that if he did not allow these persons to hold office, the magistrates would take revenge by opposing him at every turn, thus ruining the success of his administration.[44] The same was true of trade, for these relatives had to live, and if the government could not support them, they had to be assigned privileges and advantages in trade, which the oidores by virtue of their official positions could guarantee.[45]