Chapter II

of this volume.

[460] Viana to Carlos III, May 1, 1767, Blair and Robertson, L, 126-135.

[461] Delgado, 212-215, reproduced in Blair and Robertson, XVII, 316.

[462] "But," he continued, "if a man come to these islands with the intention of escaping his natural poverty by humoring the rich and powerful, and even obeying them, the wrongs accruing to the community are incredible" (ibid., 317).

[463] Reforms in Filipinas, April 26, 1827, by Manuel Bernáldez Pizarro, Blair and Robertson, LI, 219; see 213-218.

[464] Montero y Vidal, Archipiélago Filipino, 162-168. "The Spanish régime in Filipinas lasted 333 years.... During that time there were 97 governors--not counting some twenty who served for less than one year each, mostly ad interim, and the average length of their terms of office was a little less than three and one-half years, a fact which is an important element in the administrative history of the islands" (Blair and Robertson, L, 74, note 46).

[465] Recopilación, 3-3-3.

[466] Ibid., 3-11-1 to 3.

[467] Ibid., 3-11-1, 2, 3 to 10; 3-10-3, 11; 5-10-15.

[468] Ibid., 2-2-72, 74, 77; Consulta de 18 de Febrero de 1673 sobre atribuciones de la Junta de Guerra de Indias, A. I., 141-5-8.

[469] Auditor de guerra, "the juez letrado, who has jurisdiction in first instance over cases under the military law, subordinate to the captain or commandant-general of an army or province" (Escriche, Diccionario, I, 369).

[470] Royal order of January 30, 1855, Colección legislativa de España, LXIV, 105-147.

[471] Royal order of January 22, 1787, A. I., 107-5-16.

[472] That the consejo de guerra was something more than a (tribunal of) courtmartial and that it actually participated in the administration of military affairs may be seen in the cédula of June 22, 1599, which authorized the local consejo to act with the audiencia and cabildo in restraining the military officials in the provinces from imposing undue exactions on the natives, assessing them too heavily or confiscating their property in the equipment of military forces in time of threatened invasion (Recopilación, 3-4-3).

[473] On March 12, 1781, Governor Basco y Vargas complained to the king against the inconvenience of having to appeal the decisions of the local council of war to the Supreme Council in Madrid. This was the practice followed in other parts, he said, but it was undesirable in the Philippines on account of the isolation and the distance. He recommended instead that these cases should be appealed to a board consisting of the governor and two asesores--one his own, and the other an oidor to be designated by him. This recommendation was not accepted (A. I., 106-1-18).

[474] Audiencia to Váldez, December 11, 1788, A. I., 107-5-16.

[475] Royal order of March 27, 1802, A. I., 107-5-16.

[476] Case of Don Diego Salvatierra, November 20, 1792, A. I., 105-2-10.

[477] Case of Don Josef de Áviles, November 2, 1792, A. I., 105-2-10.

[478] Recopilación, 2-16-12; 2-15-36.

[479] Ibid., 2-16-11.

[480] The memorial which the governor sent in answer to the arguments of the oidor was an interesting exposition of his opinion of the audiencia. He said that the lack of time alleged by the oidor was a mere pretense, as the regular sessions of the audiencia did not exceed three hours a day. The governor stated that none of the oidores were occupied more than that length of time, excepting those who had special conservatorships of cockpits, tobacco, cards, betel, and wine. The suits of Spaniards and Indians were few, he alleged, since most of the questions involving commerce were tried in the tribunal of the consulado (Governor Marquina to the superintendent-general, July 10, 1789, A. I., 107-5-18); see