I have given your Majesty an account on all occasions of my coming to these islands, and of the condition of affairs in them, although with limitations, and with the caution of a new arrival. But now, after having governed them a year, I shall be able to discuss their affairs with experience and more freedom, so that your Majesty, having been informed, may enact what is most advisable for your royal service.
The disputes which generally arise between the governor and the auditors of this royal Audiencia are usually more prejudicial in these islands than in the rest of your Majesty’s monarchy, as these are the most remote; for their preservation lies in the governor being obeyed and respected, and in his orders being executed and entirely observed, without the auditors hindering him, or casting any doubt on his supremacy, as they are often wont to do.
The jurisdiction of this Audiencia is set at rest from the ecclesiastical fuerzas and the litigations of these inhabitants—who, as is seen from the chart which I am sending under other covers, amount in all to 151 married men, 81 single men, 45 widows, and 160 children, besides fifty other men who live in other places. All the rest are paid sailors and soldiers, with whom the Audiencia has nothing to do; and from that one can infer how few affairs of justice arise. That is the cause of the disputes, and of the auditors actually deciding the affairs of government under pretext of appeals, without waiting until the governors grant or deny them, in accordance with law—to the considerable discredit, of the authority that your Majesty has conceded to the government. That results in nothing that is ordered being executed. And although your Majesty has provided a remedy for these accidents with decrees, so that, in case of doubt, the governor may declare what occurs to him, and that the auditors may pass for this purpose into Philipinas, still that has not sufficed; for they take care to give the decrees a different meaning, and will not be subdued by any means that I have used. In proof of this I cite the following examples.
Your Majesty has prohibited the Audiencia from trying causes concerning the Sangleys of the Parián, and ordered that they be tried only by the alcalde-mayor and the governor, reserving only the sin against nature to the Audiencia. Nevertheless, they meddle by taking the [trial of] first instance from the alcaldes-mayor.
Your Majesty permits only four thousand Sangleys in these islands, but a greater number has been tolerated because of the advantage of the licenses that they pay, and in order not to disturb the trade with China. In respect to these and many other troubles, the former governors have endeavored very earnestly to assure that nation, charging the justices to be very attentive in their jurisdictions, and not allowing them to grant passage from one part to another without permission. Especially is it charged upon the alcalde-mayor of the jurisdiction of Vinondo—the point where the Sangleys fortified themselves during the insurrection. For this so laborious occupation, in a special meeting fees were assigned for each license, at the rate of one real and a quarter for him and his clerk. This has been the practice for many years. This Audiencia having begun to govern these islands because of the death of Don Juan Niño de Tavora, the Order[2] of St. Dominic endeavored to alter these licenses and the fee, by representing the injury that was done the Sangleys. But the auditors, in consideration of the above so superior reasons, confirmed to the letter the last act made concerning this matter by the deceased governor; and when I succeeded to the government in accordance with your Majesty’s order, the said religious endeavored to do the same thing. Upon becoming thoroughly familiar with the matter, I confirmed the said governmental acts, enacted by the Audiencia and by Don Juan Niño de Tavora. Nevertheless, from this they have stirred up this pretension, trying the subterfuge of having recourse to the Audiencia for an affair of justice—where they are admitted without these same auditors heeding that they have [already] cast their votes for the government measure.
In the month of September of the past year, five Sangley ships were wrecked on this coast of the province of Ilocos, with a great amount of silver. When preparing to send a person to look for it, the fiscal presented a petition in the Audiencia, although he ought to have presented it to the government. Not to confuse matters by withdrawing them from his charge, and to avoid controversy, and in order that what was to be done be accomplished quickly, I tolerated this mode of despatching the business through the Audiencia, hoping that the alcalde-mayor, to whom the matter would be committed, would make diligent efforts. But seeing that he sent to this treasury but little more than three thousand pesos, I am left with deserved pain for having allowed the jurisdiction of the government to be usurped. I have sent a new alcalde-mayor, with new ordinances for the purpose.
Geronimo de Fuentes bid at auction [for the position of regidor], and the judges of the auction knocked it down to him; and after he had paid to the treasury the price and the half-annat, his title as regidor was made out in the ordinary form. When he went to take possession of his post, some regidors opposed him, appealing to the Audiencia, as is their custom, with the intention that the royal decrees and the orders of the government should never be fulfilled; and, in order not to open the door so that those alcaldes-mayor of the provinces might attempt the same thing with their successors, I had possession of his post given to him, reserving to the party concerned his right, safe and in full force.
Your Majesty has prohibited any one from sending money to Macan, and the governors order the same by their edicts under penalty of confiscation. Antonio Fiallo gave information of over thirteen thousand pesos sent him by Bartolome Tenorio, chief-constable of the court, making a gift to your Majesty of the portion which pertained to him as denouncer. And although this cause originated from the edicts of the government, the auditors tried it, acquitting the said Bartolome Tenorio—commenting on the suit in examination and review during my absence, without carrying it to the regular session.
The ordinances governing the cabildo of this city were given by Miguel Lopez de Legazpi, governor of this island, with the command that none of them be altered without an order from the governors. One of them prescribes the form of the election of alcaldes-in-ordinary. Although time has somewhat vitiated it, the order that the regidors should give account to the governor of all that occurred has been observed. Consequently, they send him annually two commissaries from their last cabildo meeting with the nomination of eighteen or more persons, on whom they have cast their eyes for the choice of two alcaldes. This year, while separated into factions, the regidors—finding one of them favored by an auditor who was trying for his own private ends to oust an alcalde in opposition to the community—tried to pervert the said custom of sending me the nomination. I did not allow that, because of the innovation and because of the difficulty involved therein that, in a presidio that is open to so many enemies, alcaldes may be chosen to whom the city cannot be entrusted—for the alcaldes are captains of the inhabitants when occasion arises—declaring, besides, the more than thirty years of this practice. They obeyed, and proposed eleven persons who were satisfactory in every respect. The other new regidors, who had offered the said auditor more than they could perform, opposed the nomination, appealing to the Audiencia, and refusing to make the election on the following day, the first of January. As it was vacation time, I gave one of the auditors commission to preside in the cabildo, in accordance with that fact. He excused himself on account of sickness; whereupon I gave it next to the other remaining auditor, who also excused himself. In default of both of them, I gave the same commission to him who performs the duties of fiscal, basing my reason for it on the grounds that, according to the ordinance he has a vote in a deadlock; and on the fact that one of the auditors usually presides in that act, although there are precedents of some unprofessional men having presided. Don Juan Sarmiento, a creole, and Admiral Don Fernando Galindo, of España, a man of great worth, were elected.
After the vacations were past, the two auditors and the fiscal conspired together, in order to annul the said election and to make another new one. They offered the necessary support to the regidors of their party, in order to have them present themselves in the Audiencia under pretext of appeal. This they did, heaping up nullities in order to make a suit of suits for the purpose of constituting themselves judges of what my delegate did in virtue of a commission of the government, without allowing it to be returned to the delegate, who was ignorant of what had happened in the election. They carried the matter so far that they actually tried to take the cause from me. That compelled me to censure their procedure, and to tell them that the appeals would be granted according to law—but not by violence; giving boldness to the litigants so that those who remained without due punishment because of the support that they were giving them, should become disrespectful, as they had done; and that I would consult the lawyers and learned persons of this city, so that, if that suit did not belong to the government, I might refer the cause [to the other court]. The lawyers gave me their opinions, saying that that matter pertained to the government. On that I founded my declaration in virtue of royal decrees which so ordered, especially one of November 4, 1606. However they did not refrain from it on that account—as they are obliged to do, even if I should go further; and, prosecuting the matter in accordance with the dangerous argument of time, I remitted the case as definitive to Doctor Arias de Mora, advocate of this Audiencia. With him I gave sentence, confirming the said election of alcalde as according to law. As such, the said Don Juan Sarmiento and the senior regidor—because of the absence of Admiral Don Fernando Galindo, who has been occupied in the service of your Majesty—are in the exercise of their offices; and this has resulted in the quiet and peace of this community and that of the appellants themselves. The latter already confess their error, although lately, and as a matter of form, they have presented themselves in appeal from the definitive act; while the other party has refused the two auditors, and there is talk of settling the cause.