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had been revoked and annulled, since it was contrary to what had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