PERIOD III

Occurrences from the year 1640 until that of 1702, and from this year

until 1712. [66]

17. Although there is no evidence in the Expediente [67] of what

resulted from the commissions given to Señor Palatox by the decrees

which may be seen at the end of the preceding "Period," one consequence

was that the Philipinas trade with Nueva España was continued, in the

form which we shall soon describe. For the viceroy of that kingdom,

Conde de Paredes, when he was in office made remonstrances at various

times from the year 1684 until 1686, in regard to the great confusion

which always had been experienced in the valuations of the cargoes

on the ships from Philipinas which arrived at the port of Acapulco;

and he declared that none of the measures which had been employed had

been sufficient, so that they could regulate the duties which the

merchants of those islands ought to contribute, nor for preventing

the illegal acts and frauds which were committed, to the injury of

the royal treasury. He had therefore found it expedient to make the

regulation (as he had done) that every ship of those which came

to the above port of Acapulco should compound its customs duties

[indultasse] in the amount of 74,000 pesos; and this had been the

practice until Conde de Galve had gone to fill that viceroyalty,

and he gave an account of this matter.

18. On receiving this information, despatches were sent on June 5,

1697, to the viceroy and Audiencia of Mexico and to the governor and

Audiencia of Philipinas, informing them that the said arrangement

had been revoked and annulled, since it was contrary to what had

been commanded by laws, decrees, and royal orders, and for many

other serious and just reasons. Both of these governments were

commanded to cause the publication of the revocation and annulment

of the above arrangement, and were ordered to take especial care

in the administration and careful collection of the duties which

the merchandise in that traffic ought to contribute--most strictly

observing the regulation that no more goods should go from those

islands than amounted to 250,000 pesos, nor should more than 500,000

be allowed to go back as proceeds. Moreover, this commerce must be

strictly confined to citizens born in Philipinas, and prohibited to

those of Nueva España; for any goods which should be found belonging

to the latter must be considered as confiscated, and those which

should come outside registration, if they belonged to those islanders,

must pay double duties. The declarations [manifestaciones] of these

goods must be made within the limit of six hours, or at most of

twelve, which was fixed as the utmost allowance of time. It was most

strictly commanded that for the future they should no longer allow

the declarations of [registered] merchandise which until then had

been permitted, that the ships in that commerce should not exceed a

burden of four hundred toneladas each, and that they must be the two

which sailed each year to the port of Acapulco.

19. These orders having been received and published in Philipinas,

the city and the merchants of Manila set forth the difficulties

which were arising from the mode in which their trade was carried

on. They entreated: first, that there should be only one ship in

that trade, having a capacity of 1,200 toneladas, and not two, as

had been decided; second, that the amount of 250,000 pesos, stated

in the permission which had been granted them, should be increased;

third, that in return should be brought back the entire amount which

the merchandise should produce in Acapulco and the kingdom of Nueva

España, and that it should not remain limited to the 500,000 pesos to

which it had been restricted. They offered, for the regular voyage

of each year, to make a contribution to the treasury [servir con]

of 100,000 pesos, on account of the duties; and they asked that,

when it should appear that these dues had been paid, neither the

royal officials of Acapulco nor any other officials should meddle with

the registration of the goods that were landed at the arrival of the

ship, nor with the embarkation of the silver on its return voyage,

but that both these should go free.

20. In order that the distribution of the lading-space which was made

in these islands should be equitable, the decision was confirmed

which in 1699 had been made by the governor of the islands at that

time, commanding, in regard to the statement that this distribution

was not made among the citizens, whose qualifications [for this]

belonged exclusively to that city, that the municipality alone,

without the intervention of any other official, must send the list of

the citizens to the committee which met for this purpose; and that

the said distribution should be made among the persons included in

the above list of citizens, without that government or the Audiencia

being allowed to have any discretionary power in this matter.

21. In view of this remonstrance, and of the demands made by the

kingdom of Peru (in regard to opening to it the commerce by way of

Acapulco), by the provinces of Nueva España, and by the consulate [68]

of Andalucia--which set forth the weakened and diminished condition of

commerce in these and in those kingdoms, through the excessive amounts

of cloth and other commodities which were coming from Philipinas,

in the ships allowed to them, to the port of Acapulco--the Council

proposed to his Majesty in a report dated July 7, 1703, the measures

which it regarded as expedient for the regulation which must be made in

the commerce of Philipinas; these his Majesty was pleased to approve,

and their contents may be reduced to the following points:

22. That in the Philipinas Islands two ships should be built, each of

500 toneladas burden, which should transport the goods permitted to

that trade; that the citizens should be authorized to convey in these

to Nueva España the amount of 300,000 pesos in their products and other

commodities, and on the return to Philipinas to carry 600,000 pesos in

silver, allowing 100 per cent gain minus the duties and expenses. Among

other things which they were commanded to watch over for the regulation

and observance of the said commerce are the following:

23. That the city of Manila should itself make the distribution for

the lading of the two ships, without the intervention of any official.

24. That the merchants and those interested in the trade should present

within a specified time-limit the commodities, invoices, and articles

which they were to send to Nueva España; that these should be placed in

the royal storehouses, and the estimate of their value be made. This

must be done by the agreement of two persons of experience, deputed

by the city and the trade, with royal officials and the fiscal of

the Audiencia of Manila, and the fiscal must superintend the entire

valuation. If any merchant should feel aggrieved in the enumeration

he should go before the committee [of distribution], in order that

his just rights might be guarded; and if the committee did not take

care of this, he should have right of appeal to the Audiencia.

25. That he who had no goods to lade should not be allowed to give

up his right in favor of a third person, but it should accrue to the

rest, a new distribution of that part being made.

26. That the registration be made by the royal officials, with the

assistance of the fiscal; that the goods shipped and their valuation

should be carefully ascertained; and that the decisions of the

officials, or a copy of them, be sent to Acapulco for the use of

officials there.

27. That in Acapulco must be ascertained the quantity of silver which

should be shipped on the return voyage, and, if the goods sold should

perchance exceed the 600,000 pesos, they [i.e., the Manila owners]

should not be allowed to take away the excess in silver, but [must

take it] in goods.

28. That if the sale of the goods shall not fill this amount of 600,000

pesos of the permission, the merchants of Nueva España cannot under

any pretext, no matter how just, make up the deficiency, or place

in the ship the remaining amount of silver, for this was perpetually

prohibited by his Majesty from the time when these orders were issued;

and whatever might be done in contravention of these should be punished

with special severity. For it had been learned that under this pretext

those born in Nueva España or resident there were steadily introducing

their trade into Philipinas, thus causing most serious losses to the

royal treasury, and bringing that commerce to the state which was

acknowledged, with great detriment to the trade of España. In regard

to this matter the viceroy was charged to devote himself with the

utmost activity to the strictest fulfilment of this order, without

overlooking the slightest thing.

29. That if it were found that any portion of silver belonged

to a native or resident of Nueva España it should be regarded

as confiscated, and applied in thirds; [69] and, besides, the

delinquent should pay to the royal treasury three times the amount

thus confiscated. If he repeated the offense, the penalty should be

imposed upon him of loss of goods, and exile from these provinces

for ten years.

30. That thenceforth should likewise be prohibited the acceptance

of declarations of goods [manifestaciones], nor should they for

any reason be accepted, even if his Majesty should lose the double

duties that belong to them, since on no account would he allow them

to be tolerated.

31. That in order to avoid confusion in the decree of the year 1697

already cited (and leaving these points settled and in use, in such

form that they should be permanent), if the governor and merchants

of Philipinas in giving the 100,000 pesos, should come to offer it

by way of adjustment [regulacion] [70] of the duties in each voyage,

and not under the name of indult [indulto], as had been proposed,

they should be entirely released from payment of all the duties

which they must make good in Acapulco, not only on the outward but

on the return voyage. It was also declared that goods sold at that

port or shipped from it should not pay alcavala on the first sale;

for it was certain that the contribution of the 100,000 pesos from

the permission would cost seventeen per cent, leaving eighty-three per

cent gain to those who were interested in the trade. Moreover, as his

Majesty paid the expense of the building, cleaning, and equipment of

the ships, and supplying them with soldiers, provisions, supplies,

and ammunition, without receiving more than forty-four ducados for

each tonelada, it would not only be advantageous, but even necessary

to the royal treasury to furnish a considerable amount for preserving

their commerce and traffic to the natives of the island, which was

all the favor which his royal munificence could exercise. If, however,

an agreement should not be reached by the trade in the adjustment of

the 100,000 pesos, the royal duties must be exacted and collected in

full, without excepting anything.

32. That in the enumeration of the traders should be included the

Spaniards born in the country, and the military men stationed in the

port of Cavite; and these might engage in that traffic--excluding,

however, ecclesiastical ministers, whether secular or regular, and

those who were foreigners to those Philipinas Islands.

33. That the master of each ship must make a book containing the

freight list, and present it with the aforesaid documents at Acapulco

to the castellan who governs that port and the royal officials, for

the discharge of cargo. At the same time he must carry a duplicate of

all these documents, to be sent to the viceroy as soon as they arrived,

in order that he might examine them and communicate with the tribunal

of accounts, in which a copy of it must be made to send to the Council.

34. As soon as the ships should anchor in Acapulco the castellan and

royal officials of that port should station the guards necessary to

avoid the concealment of goods or their clandestine introduction,

causing the ship to be lightened and its cargo landed with the utmost

promptness, and collecting the established duties or securing them

by the goods themselves, according to the usage up to that time.

35. That when the goods had been landed and the amounts registered

had been ascertained, the ships should be inspected; and whatever else

was found therein should be regarded as confiscated, without allowing

therein any claim or remonstrance. Half of the goods confiscated

should be applied to the royal treasury, and the rest in two parts to

the judge and the informer--excepting in the case when the value of

confiscated goods should reach 50,000 pesos; for then the viceroy and

the royal court of Mexico must allot to the judge and the informer

such quantity as should be proper, leaving to the decision of the

judges other penalties in accordance with the guilt of the offenders.

36. His Majesty having agreed to the proposals made by the Council,

they issued on August 12, 1702, despatches in accordance therewith,

to the governments of Nueva España and Philipinas, informing them of

the regulation herein explained, and commanding them both to observe

it strictly and inviolably. In consequence of this, the governor of

Philipinas, in letters of June 21, 1705, and May 24, 1708 (in which he

acknowledged the receipt of the despatch sent to him), reported that

he had carried the decree into execution, and had made it known to

the merchants in the city of Manila, who had offered to make good the

burdens of expense which would ensue if the two ships of 500 toneladas

each were immediately built according to this command--in view of the

fact that there were two galleons and one patache in the ports there;

of these one might serve eight years, and the other a little less,

and the patache four. For this reason the governor had commanded that

the building of the two ships should be suspended until those which

were then in use should be worn out.

37. That also it had been regarded as impracticable that the valuation

of the cloth and wares which were to be traded should be made through

the actual examination of the bales and their other goods, and that

this should be carried out in the royal storehouses--considering that

the crowded condition of those buildings, and the risk of thefts,

fires, and other accidents, did not permit this method to be practiced,

as was commanded by the decree that has been cited.

38. That to this was added that, as the Chinese do not gather at

the fair [at Manila] until the end of May in each year, and the

ships sail from those islands toward the end of the following June,

the royal officials were unable in so short a time as one month to

attend to the aforesaid examination, and to undertake the despatch

and registration of the ships, on account of the great amount of work

that they had to do in this. For these reasons it had been decided

that, in the invoices that were brought forward, an itemized account

should be given of the stuffs, their quantity, quality, numbers and

marks, and the names of the consignees; and that the consignors should

furnish samples of each article; and some bales here and there could be

opened to ascertain if there were any fraud and punish it. And that,

the aforesaid city and merchants having agreed to and accepted all

the rest that was contained in the above despatch, the galleons had

accordingly sailed for Nueva España in the years 1705 and 1706.

39. The Council, being informed of this memorial, agreed that the

strictest orders should be repeated (as was done by decrees of December

12, 1712) for the exact observance and punctual fulfilment of those

given on August 12, 1702, excepting that which concerned the opening

of the bundles in the royal storehouses for the valuations. It was

permitted that these should be made by means of invoices, which

each one must present, swearing that the goods were his and that

the bales contained no more than was set down on the invoices. The

Council also decided that the traffic and commerce of those islands

should be continued by the two ships already in existence, until they

should become unseaworthy; in that case they must be laid aside, and

the building of the two ships of 500 toneladas burden each should be

undertaken, according to their former decision.

40. Inasmuch as in the year 1706 the galleon named "Rosario" had

been despatched from Philipinas under the regulations made by the

cited decree of 1702, and modifications in this had been proposed

by the city and merchants of Manila, the viceroy Alburquerque [71]

had commanded (with the opinion of a junta which he formed for the

reception and unlading of the galleon) that this cargo should not

be admitted to the adjustment of the 100,000 pesos, which the above

regulation provided; and that consequently the declaration of goods

should be accepted, by the rules of valuation and of the payment

of duties which had been observed on other occasions. The Council,

after the statement of the fiscal and consultation with his Majesty,

severely censured the viceroy, and the officials of the junta who

had agreed with his opinion; and they returned thanks to those who

were of the opposite opinion, who thought that the adjustment of the

100,000 pesos should be paid, as that was the most exact and accurate

meaning of the royal orders issued in the year 1702.

The Philippine Islands, 1493-1898, Volume 44, 1700-1736 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century. · 第 22 / 33 题