Sire: By a royal decree dated at Madrid on August 4, 1765, your Majesty ordered that this royal Audiencia should take pains to secure the observance of the laws (24 and 25, título i, book vi) in the Recopilación de Indias with regard to the trade and intercourse of the Spaniards with the Indians; and that it should report to your Majesty upon the other things contained in the copy of a letter from the venerable dean and cabildo of this holy church,[1] in which they chiefly set forth the request that your Majesty will deign to issue stricter orders so that the Indians may learn the Castilian language.
As the aforesaid report has not been despatched by this Audiencia—which is composed of two auditors, and there is only one of integrity, and zeal for the royal service—I have deemed it inseparable from my obligation to inform your Majesty[2] of what the experience of about nine years as fiscal has taught me regarding the aforesaid points, and to make known the zeal with which I have labored, to the end that in this particular the laws and your Majesty’s royal decrees might be carried out. For this it is necessary to assume (in confirmation of the statements in the above-mentioned letter) that the despotism of the ministers of the doctrinas is absolute, so that they are almost the only ones who command in these islands; and that they govern at their own will the villages and provinces, without recognizing your Majesty or obeying any laws or royal decrees save those which suit their own interests and opinions. It is evident and notorious that they do not obey any of the rest, except as they please. This is proved by the fact that there is no law or decree or ordinance which is observed by the said ministers of doctrinas in questions of the royal patronage, in the administration of the sacraments to the sick, in the tanorías and other matters in which their comfort is concerned, and, above all, in the schools, for instruction in the Spanish language.
All this lawless conduct (which results from the absolute sway of the ministers of doctrinas) will be evident to your Majesty from the copy which I enclose of two fiscal opinions, which are literally transcribed from the official records belonging to the year 765; the originals are found in the respective expedientes preserved in the office of the court secretary of this Audiencia. In these is told sufficient to give some idea of the despotism of the said religious, on whom nearly all the people of these islands are dependent—some through fear, and others through unjust acts of compliance and tolerance which at the present time make it exceedingly difficult to check that despotism. This will never be accomplished unless the governor and the ministers of the Audiencia proceed unitedly and with equal firmness, without yielding to the religious, and with inflexible zeal for the fulfilment of the laws and the municipal ordinances of these islands. But for this end it would be indispensable to confer the public offices of the provinces on men tried and true, who would fulfil their obligations; and not on persons who, buying the said offices in Manila, undertake to fill them by inflicting so many injuries [on the natives] that their very infractions of law oblige them to depend absolutely on the religious, and to maintain the latter in their possession of authority over the Indians and over the alcaldes. From this beginning it results that neither the orders of the governor nor of the Audiencia take effect, and that all the measures which are conformable to the laws and to your Majesty’s royal decrees prove futile; for there is a false show of fulfilling them, which leaves these matters in the same confusion which attempt was made to remedy.
In the laws of the Indias, in the former “Ordinances” of these islands, in those which were drawn up by Governor Don Pedro Manuel de Arandía[3] and in repeated royal decrees, this matter of the instruction of the Indians in the Spanish language is especially enjoined; but, notwithstanding this, the notion of the said religious has prevailed that the Indians shall remain ignorant of the said language, in order to keep them more dependent [on the fathers], and in order that no Spaniard may obtain information of what is going on in the villages. There are innumerable instances which have occurred, of the curas of doctrinas punishing the Indians who talked with the Spaniards in our language. In the villages close to this capital there are many Indians who understand the said language very well, but when they are in the presence of any religious they reply in their own Tagal language to the Spaniards who ask them questions in Castilian, through their fear of the father; and the latter never speaks to the Indians in Spanish, even though they may be proficient in it. This is convincing that the intention of the religious orders is certain and evident, that the Indians shall not know our language, so that they may be more secure of the doctrinas not being taken away from them, of the bishops not attempting to visit them, of the non-enforcement of the laws (none of which are enforced) of the royal patronage, and of the continuance of the despotism with which they govern the Indians in both spiritual and temporal matters, without fear of any noticeable result. For thus they find themselves necessary, and they mock at the zeal of a governor, of an archbishop, of a fiscal, and of all those who mourn the entire non-observance of the laws; and as these officials and the ministers of the Audiencia are seldom united to procure the enforcement of the laws, because the religious orders do not neglect to mislead some of them, the latter are always sure of a victory through this disunion (which is very frequent), when the same spirit of courage and firmness does not animate the minds of all [the officials] for the fulfilment of the laws and of your Majesty’s royal ordinances. Through your royal complaisance, I have continually inveighed against the main points in the opinions of the curas of doctrinas, which are opposed to the laws and ordinances; and especially against their persistent endeavor that the Indians shall not know our Spanish language—as your Majesty’s royal mind will be informed by the copy which I enclose. As contributing to fuller information on this point, and confirming it, I will state that in the year 762 I, as fiscal, made the same claims in this royal Audiencia which the venerable dean and cabildo set forth to your Majesty in the year 764.
There is equal proof for what I demanded regarding the trade of the Spaniards with the Indians. It is grievous to see that no one dares to carry on this trade; for, however strict may be the orders which have been issued, not only by your governors but by this Audiencia, the curas of doctrinas have many means for rendering them ineffective. They dissuade the Spaniards from going to the Indian villages, where, as a rule, they are treated with incredible contempt, and are denied even the food which they need (and for which they offer money), because neither the governadorcillo nor any other Indian dares to sell it without permission from the father minister. Not only does the father usually deny this, but he stirs up the anger of the Indians against the Spaniard—whom they call Castila; the name of Castilian has thus become exceedingly odious among the natives, and they regard every Spaniard with dislike, if indeed not with hatred. To see a Spaniard in their villages appears to them such a novelty that all the inhabitants—old persons, the youths, and the children—sally out to look at him, with loud yells and uproar, in which one can only hear, “Castila! Castila!” and amid the annoyance of being surrounded by Indians, without being able to understand them, the Spaniard has no other resource than to go in search of the father of the doctrina, and humiliate himself before him with the same abjectness as the said Indians show, in order that the reverence shown to this despot may furnish him with lodging and food, and render his life safe. This would not happen if the Castilian language had been extended into the provinces, for experience shows that every Indian who understands it feels much affection for the Spaniards; and the natives aid them wherever they meet them, if they are not in the presence of the fathers of doctrinas.
It is no less certain that many of the fathers trade in the villages which they administer, and that for this reason also they are undertaking to hinder, by the aforesaid means, the trade of the Spaniards. All this will seem as incredible to your Majesty as it seemed to me until my official duties, and the things that I myself have seen in the provinces through which I have traveled, proved its truth to me; and even more than what is notorious and public to all who have lived in these islands for some time can be told to your Majesty by Doctor Don Simon Anda y Salazar, who certainly was often undeceived, by experience, in regard to the aforesaid intentions of the religious.
I, Sire, would not dare to write on subjects so delicate, and so difficult to explain, if I were not fully convinced of what I have stated above, and of the fact that this abuse has not been nor will it be remedied, while a governor little acquainted [with his duties] in the early years of his term casts into oblivion the measures taken by his predecessor, or revokes them, through the persuasions of the religious; and when he reaches the point of being undeceived he comes to the last years of his government, and the measures that he takes then have the same fate as those already mentioned, on the arrival of his successor. The same thing occurs with the ministers [of the Audiencia] who have recently arrived at this city; for, under the influence of the said religious, they regard as recklessness and impiety that which afterward, with some experience, they recognize as zeal for the royal service. This disunion and lack of agreement in their opinions would not be experienced if the laws were punctually observed, and if the “Ordinances for the provinces” were established as law—which would regulate all these matters, and not allow freedom for failure in supporting them, as they ought to be supported, by an opinion that is equally firm in all the governors and ministers. For nothing so injures good government as the attempt of those high officials to temporize with every one, and not incur any one’s ill-will; and to look out for their own profit, to the detriment of the general good. It is notorious, at the same time, that for the said reasons whatever concerns his Majesty and the public is in almost utterly desperate condition; that the laws and royal decrees are not held in due reverence and respect; that they are transgressed with reckless readiness; that seldom is justice administered, on account of the intervention of influential persons; and that only where there is no advantage for self—as is the case in the affairs of poor people—are the laws observed. From this abuse—offensive to the supreme power of his Majesty, which usually is not obeyed in these islands, where a spirit of greed is the sole ruler with absolute dominion—it results that zealous and upright ministers are the only ones who are persecuted; and that those who remain inactive, and are susceptible to presents, and can be led into unlawful yielding and compliance, are popular with the citizens.
Another of the more important causes which occasion the said abuse is, that since the Audiencia has no cognizance of the affairs of the provinces in regard to their government, and as the governors on account of their military profession (in which alone they have been trained) have not the necessary knowledge of the laws and of the “Ordinances of good government,” or of municipal regulations, it results that an upright governor does not come to a resolve about anything, for fear of making some mistake; another, more resolute, goes headlong into measures to which his associates persuade him; and another governor, with interested motives, works for his own advantage. As a general rule, all or most of the governors are bewildered with the multitude of affairs which present themselves; they do very little work, and in nothing do they act with less vigor than in the government of the provinces; and enactments are made at the pleasure of the governor’s secretary, and occasionally of the assistant judge [asesor]. Here these usually are venal and have little sense of honor; and they attend only to such business as brings them gain, and not that of their office, which yields them nothing. These serious and notorious difficulties can be avoided only by separating from the government the superintendency of the exchequer[4] which is the department of business that is most neglected, and is most worthy of attention—and establishing ordinances, which shall be enforced without deviation, for the secure furtherance of the royal interests, and of the administration of justice in the provinces, leaving the absolute cognizance of the latter to the royal Audiencia, and of the former to an intendant, and forbidding them to the governors, who have more than enough field for action in military and purely political affairs in which to display their zeal. Then they would devote themselves to these important matters belonging to their profession, which are those which have seemed to them to merit least attention and care, because their application to other business produces them more gain.
If these departments of the government were separated in the above manner, there would be an invariable method of procedure in the two tribunals of the Audiencia and the intendancy. For in the former, even if one or another minister should pass away, there would remain others, who could instruct the new officials, so that the said method should never be changed without evident necessity, justified by documents and by unanimous opinions; and in the intendancy the same thing would occur, by means of the practical knowledge which would pass from some royal officials to others, and from some subordinates to others. Especially should be left to parties [in controversies] free recourse by appeal to the royal Audiencia from all the acts and measures of the intendant; and he, with the ministers [of that court], should proceed to the choice (by a majority of votes) of the [provincial] governors, corregidors, and alcaldes-mayor. Thus, likewise, would be avoided the sale of those offices, which is frequent; and the merit and services of the citizens would be rewarded, so that they might have some stimulus in regard to their conduct and valor, and be encouraged to serve your Majesty by these hopes—which are entirely lacking to them at the present time, in which he alone is preferred who gives most for the offices.
In regard to the “Ordinances for the provinces,” I have systematized those which Doctor Don Simon de Anda y Salazar can show you; he carried with him a copy of them, which I drew up with the knowledge and experience which I have acquired by dint of constant application. Thus far they have been neither approved nor censured by the royal Audiencia, in virtue of the royal decree which your Majesty addressed to that body, that they should frame and arrange some ordinances, keeping in mind the articles of the late governor Don Pedro Manuel Arandía, and those of the reverend father in Christ the bishop of Nueva Caseres;[5] but as the said ordinances cannot be framed without [incurring] the resentment of the ministers of doctrinas, and opposing their despotism and their designs (which aim at the overthrow of the ordinances which I composed), that court has left the matter in suspense for more than three years. And it will remain in this condition, at the pleasure of the senior auditor in the said Audiencia, on whom alone it depends, unless the efforts of those zealous ministers Don Manuel Galvan and the above-mentioned Don Simon de Anda, and those which I have exerted in the duties of my office, can secure the settlement of a business of so great importance—in which are included the two points which I have already mentioned, the trade with the Indians, and their instruction in the Castilian language.