Anda organized a provisional government in his capacity as lieutenant-governor. He disregarded the repeated summons of the archbishop to return to the city and surrender to the British. In a letter to the archbishop, dated October 21, 1762, Anda justified his position and made clear that he was not acting on the basis of any delegation of power as captain-general, which authority, he acknowledged, still rested with Rojo. He stated that he had been appointed visitor-general of the provinces “with the real mission of protecting them if the English captured Manila;” in case this happened he was to solicit the aid of prelates, religious and alcaldes mayores in defending the Islands. He complained that Rojo had already “endeavored to influence the prelates, religious and natives to submit to the British.”[88] He urged that Rojo should desist from his opposition to his efforts, pointing out the great desirability of their co-operation.
When Anda became convinced of the infirmity of Rojo and the uselessness of further attempts at co-operation with him he completely changed his attitude towards his own position and towards the question of the defense and government of the Islands. While he had hitherto recognized Rojo as governor and captain-general, he now assumed the position that the archbishop was a prisoner in the city and he therefore refused to recognize the orders of the latter. Anda issued a call to all loyal inhabitants to defend the honor of Spain. He ordered the alcaldes mayores to pay no heed to the dispatches and commands issued by the archbishop or the British in the city. He set himself up as governor and captain-general of the Islands, subsequently moving his capital to Bacolor, Pampanga. He obtained possession of the funds of the royal treasury, which had been sent to the province of Laguna when the English had appeared, and he turned a deaf ear to the demands of the archbishop that the money should be returned to the city in order that it might be applied on the payment of the four million-peso war indemnity imposed by the victorious British. Anda enlisted a military force aggregating eight thousand men, and he successfully prevented the enemy from doing more than capture Cavite, Pásig, and a few other places of minor importance. Notwithstanding the demands of the British, who had placed a price of four thousand pesos on his head, and the entreaties of the archbishop, Anda resisted until he was assured that peace was definitely arranged between Spain and Great Britain.[89]
The justification which Anda offered for his conduct was as follows: the regular governor and the audiencia (excepting himself) were prisoners in the city of Manila; their positions and places were therefore vacant, and Anda, as the sole oidor who was not incapacitated, should accordingly succeed and had succeeded to the management of political affairs and defense. He was both audiencia and governor. In support of his contention that he himself was the legally constituted audiencia, he cited the law promulgated by Philip III on August 14, 1620, declaring that “in some of the audiencias of the Indies it has happened, and it might happen still that the oidores being absent and ... only one remaining, ... in such cases the audiencia is to be conserved and continued with only one oidor.”[90] Anda had been a legally appointed oidor on special delegation to the provinces when the city fell into the hands of the British; the governor and the remaining oidores had become prisoners and were civilly dead; being the only magistrate of the audiencia yet on duty, he was at once audiencia and governor. He stated that he would surrender his office to the archbishop and audiencia when both had regained their liberty, but he warned the archbishop that if he went to the extreme of surrendering the Islands, he (Anda) “would in no wise obey so unjust and absurd a treaty,” and furthermore stated that if the British wished to rule the country, they would have to conquer it first. He expressed the conviction that neither the archbishop nor any other authority except the king had the power to surrender the Islands.[91] In these arguments and sentiments Anda was supported by the fiscal, Francisco Leandro de Viana, and by Oidores Galbán and Villacorta, who subsequently escaped from the city and joined him in the provinces, aiding him in his resistance to the invaders.
Although the British had agreed in their terms of capitulation that the audiencia should continue in the exercise of its normal powers in Manila,[92] that tribunal and the archbishop were virtually prisoners; the idea of their recognition therefore appears almost an absurdity. The oidores acted as members of the council of war which considered the proposition made by the British for the surrender of the city, but if we may trust the testimony of Viana, the archbishop, influenced by his favorites, Monroy and Orendaín, forced the magistrates to sign the articles of capitulation. Viana says that in the various matters which came up for solution after the city had surrendered, the oidores were formally consulted, but the archbishop followed his own counsel, or that of his favorites.[93]
The position of Rojo after the escape of the fiscal and the oidores was an exceedingly unpleasant one. The English commander complained that the prelate and the audiencia had failed to keep the agreement which had been made between them; in escaping, the fiscal and the oidores had violated their oaths; the indemnity had not been paid; the provinces had not surrendered and Anda was still continuing his resistance. The sack of the city was threatened. These conditions made Rojo redouble his efforts to betray Anda and to get possession of the treasure which had come on the patache, “Filipino”. The British offered remission of tribute to all natives then in insurrection who would surrender. Anda was charged with responsibility for the danger with which the city was threatened. He was said to have prevented the fulfillment of the treaty between Rojo and the British. To this Anda replied that he had not been a party to the treaty. The state of perpetual worry in which Rojo was kept brought about his death on January 30, 1764. Even before this he had practically lost his status as governor and the British were treating with Anda for the surrender of the Islands.[94] This continued until the legitimacy of the position of Anda was recognized by Governor Torre.[95]
A statement of the above facts aids in clarifying our view of Anda’s position. It certainly can be said that there was neither an audiencia nor a governor with sovereign powers in Manila; this lack furnished a reasonable basis for Anda’s claims. However clearly it was established that a vacancy existed in the governorship, his position would have been sufficiently tenable had it been based solely on the grounds that the archbishop had delegated him as lieutenant of the captain-general, with military powers. The archbishop-governor had granted him that title and those powers for the very purpose for which he had utilized them, namely, for the defense of the Islands against the British. In view of the support which was extended to Anda in his contention that he was governor and captain-general as long as the archbishop and the regularly constituted audiencia were prisoners, it is not easy to understand why it was necessary for him to justify himself by advancing the claim, first, that he was the audiencia, and, second, that he was the governor because he had the authority of the audiencia. The only accountable reason for this was probably the necessity of nullifying the commands of the archbishop which were being issued from the captured city. He may have felt that such measures were imperative in order to gain and retain the respect of the natives and provincial officials who were not under his immediate influence and who were consequently more independent and inclined to be insurrectionary and riotous. Yet, it is hardly possible that the legal arguments advanced in support of his claims were understood by this class.
It does not appear, moreover, that Anda was entirely justified in his argument by the laws. No doubt he was right in regarding himself as the audiencia, on the basis of the laws cited by him. However, the law did not at that time authorize the succession of the audiencia to a vacancy in the governorship. The cédulas of September 8, 1720, and of August 15, 1731, were still in force in the Philippines, and by virtue of these and by the special cédula promulgated in 1761 in favor of Rojo, an ecclesiastic was authorized to act as governor in case of a vacancy. According to law and precedent, the post vacated by the archbishop-governor should have been filled by the bishop of Nueva Segovia, and by the bishop of Cebú, respectively. It is true that neither of these ecclesiastics put forth any effort to maintain their legal rights, probably for the reason that they realized their incapacity to organize and conduct the defense of the Islands as well as Anda had done. The audiencia had not succeeded to the government since 1715; it had been forbidden to do so in 1720 and subsequently. It is therefore difficult to understand how Anda could have seriously advanced the claim that in his capacity as sole oidor he should succeed to the government.
Aside from the opposition of the archbishop, there does not seem to have been any great difference of opinion on the question of whether Anda could rightfully claim the prerogatives of the audiencia and governorship at the same time. Rojo paid no attention to the legal arguments advanced by Anda, but contended that both the governor and the audiencia were still in full possession of their powers and in complete enjoyment of their liberties within the city. No comment is to be found on Anda’s contention in the royal dispatches which were sent in answer to his reports. It is important to note, however, that after the death of the archbishop, and after the restoration of peace, the fiscal was of the opinion that the government should go to Fray Ustáriz, bishop of Nueva Segovia.[96] In this opinion he was seconded by Oidor Galbán.
It would seem that Anda was supported in his resistance to Archbishop Rojo and the British largely on grounds of expediency. This is clearly brought out in a letter which Fiscal Viana wrote to the king on October 30, 1762, stating his opinion that:
Since the Audiencia and governor are unable to exercise their duties, Anda, as the only active and unembarrassed minister who is able to retain his place under the authority of Your Majesty, has declared himself governor, royal audiencia and captain-general. It is evident that, being a prisoner, the archbishop cannot be governor and captain-general, and it is equally certain that the government and office of captain-general falls back on the audiencia and the oldest oidor.[97]