[1] In this document we resume the history of the commerce between the Philippines and Nueva España which is presented in the Extracto historial (Madrid, 1736), the first two “periods” of which appeared in VOL. XXX of this series (q.v., pp. 23–101). The great length of this work compels us to condense and abridge most of it here; but “Periods” ii–vi are presented in full (save for the text of some long decrees), as being of earlier date, and covering a longer space of time, while they are comparatively brief in statement. In thus condensing this work, it has been our aim to retain all matter of vital interest and real value, eliminating only “vain repetitions” and matters of trifling importance. The first memorials presented by Manila and Cadiz respectively set forth various facts connected with the Manila-Acapulco trade, on which are based their main arguments, each endeavoring to justify its own side of the controversy and its demands from the Spanish government; the succeeding memorials largely repeat these statements and arguments, in new combinations, with wearisome iteration—kaleidoscopic effects produced by the same old bits of glass—which it seems useless to reproduce in our translation. But we have carefully preserved all new facts, dates, and arguments adduced, and whatever will throw additional light on that commerce, or on the social and economic conditions of Spain, the mother-country, at that period, since these must naturally affect those of her colonies. Wherever possible, we have used the exact wording of the text, and have made full citations from it which are indicated by quotation-marks; and the numbers of sections are everywhere retained, thus facilitating easy reference to the original work. The Extracto, thus made accessible to English and American readers, and all that is really important in it presented in compact form and accurate translation, is a valuable addition to the history of commerce, as well as to that of colonial development and administration. Not are its psychological aspects less interesting and valuable, although perhaps not so obvious at first glance; it shows the demoralizing effects on the Spanish people of their conquests in the New World and of the flood of wealth poured into Spain in consequence of these, and the results of too paternal a mode of government in her colonies—in both cases destructive to ambition, industry, personal initiative, patriotism, and even common honesty. (Cf. notes in our VOL. XXX, pp. 71, 77.) [↑]
[2] Expediente: “the collection of all the papers belonging to a subject in a transaction,” here evidently referring to the documents pertaining to the Manila trade, which as Abreu says (see VOL. XXX, p. 24), were placed in his hands by the Council of the Indias (of which he himself was a member) for use in compiling the Extracto. [↑]
[3] Consulado: equivalent to the American phrase “board of trade.” [↑]
[5] The phrase regulacion de derechos apparently means, in reality, a (special) rule for the payment of duties; that is, if the Manila merchants would pay the 100,000 pesos which they had offered as an “adjustment” according to the special rule for the collection of those duties—a rule going above the duties as prescribed by law—they should be permitted to do so, and should be excused for the penalties which had accumulated, or at least for the back dues remaining unpaid during the time when the “indult” bad been conceded to them of compounding the duties at 74,000 pesos only. The stress seems to be laid upon the fact that they must not be permitted to consider their payment as an “indult,” but us an arrangement, and one that was based on a somewhat higher rate than had previously been granted to them. Even though it may be considered as a sovereign favor to them, objection is made to having it specifically stated as an “indult.”
The usage of the word indulto in this connection will become more clear if it is remembered that it means a special favor in one form or another, a grace of the sovereign, a special exemption from rule or penalty. Barcia and others define indulto as an impost levied on the cargoes of the galleons from the Indias; but it seems doubtful if this be strictly correct, as no impost by that name can be found in Leyes de Indias or Ordenanzas de Bilbao, even in connection with averías and almojarifazgos. I take it to mean, rather, the exemption from the duties on ships’ cargoes which would, under other provisions of law, be owed. There is one interesting instance of the use of indulto to signify exemption, in Teatro de la legislación universal de España é Indias (Madrid, 1790–97; 28 vols.), ii, p. 341, under the head, “Administration of averías,” where it is provided by Carlos II that “the proceeds of certain indultos for gold, silver, and merchandise unregistered shall be applied to the fund from averías, in order that it may result to the benefit of those who shall not have transgressed the laws of registration; and notification shall first be given to the Council.” This seems to confirm my belief that the indulto was not properly a tax, but the favor of an exemption, in cases, from the tax; or of exemption (in this case, it would appear) from the penalty to fall upon him who had evaded the tax by concealment; it was, then, by derivation a composition of the tax. But the king here provided that it should not be paid into his coffers, but be applied to the fund from averías, thus swelling the fund from which all shippers benefited, and to which they were supposed to contribute to make the trade possible; see the chapter on “Averías,” in Leyes de Indias. The foregoing statements suggest a reason why the royal authority was opposed, in this Manila trade controversy, to having the composition of the duties, and of the penalties which the merchants had incurred by past violations of the rules, regarded or considered as an “indult,” and not as a “regulation” or rule specifying a lump sum to be paid as duties. This indult might (by this and other laws) have had to go into other funds; though I know of no fund for averías in the Manila trade, yet the Spanish mere desire for uniformity of legislation and practice might explain this strenuous objection to considering this regulation as an indult or grace of the sovereign (in the special sense that had been established for this sort of favor) in the galleon trade with the West Indies.—James A. LeRoy (now [1906] U.S. consul at Durango, Mexico). [↑]
[6] The Duke de Alburquerque took possession of his office as viceroy of Nueva España on November 27, 1702; his term of office lasted a little more than eight years. Little of importance occurred therein except several raids by pirates (among whom was Captain William Dampier) in Mexican waters. Alburquerque was succeeded (January 15, 1711) by Fernando de Alancastre, Duke de Linares, who was an able, vigorous and benevolent ruler, and spent or bequeathed the greater part of his fortune for the benefit of the poor—whose number and sufferings were enormous at this time, through unusual calamities of floods and earthquakes, famine and pestilence. Linares’s term of office expired on August 15, 1716, and he died in June of the next year; he was succeeded by Baltasar de Zúñiga, Marqués de Valero. (Bancroft, Hist. Mexico, iii, pp. 278–290.) [↑]
[7] Spanish, harrieros, “muleteers;” for goods and silver were transported across Mexico by pack-trains of mules. [↑]