Of what occurred from the year 1718, in which the commerce of
silken fabrics was prohibited, up to the year 1722, in which the
merchants of Philipinas protested.
55. The Marqués de Valero, then viceroy of Mexico, in a letter of
March 12, 1719--accompanied by a duplicate of another letter dated
June 20, 1718, in which he acknowledged the receipt of the despatches
in the private correspondence, dated January 8 of that same year,
which prohibited all silks in the ship from Philipinas--considered
the inconveniences which would result from that commerce being
reduced to linen goods, porcelain, wax, pepper, cinnamon, and cloves,
excluding stuffs, and raw silk and [silken] fabrics. For, he said,
if this prohibition should be put in practice, the result would be
the decay of religion, and the risk that it would be neglected, and
its extension would be endangered and even exposed to ruin although
this matter had cost his Majesty so much solicitude in promoting and
assisting the missions for preaching the faith. [He declared] that
the Spanish families who were there would abandon the settlements,
for they could not maintain themselves in those islands without the
trade in the aforesaid commodities, since that in the merchandise
allowed to them had no profit, on account of its low price and the
little demand for it. That the natives of Nueva España were also
included in the prohibition, since their usual material for clothing
was the stuffs from China, on account of the moderate prices of these,
and because they could not use the cloth from España, since it was
more expensive--unless, if they are deprived of the former, it will
follow that they consume the latter; for if their need and poverty
would permit it they would use the Spanish cloth, since all value it
more on account of its greater durability and better quality. That
the arrival of the trading-fleets was welcomed by the rich merchants,
but that most of the people in the kingdom were much more eager
to see the ship from China; and, if its arrival were delayed, one
did not fail to notice many expressions of regret. That the royal
treasury was notoriously injured; for, with the duties which the
silk merchandise yielded, the situado was forwarded to Philipinas
and the Marianas Islands, and in default of those duties it would be
necessary to make the remittance from the funds in the treasury of
Mexico. That would cause arrears in paying the fixed charges which
the treasury had to carry, and could hardly meet with all its income,
and the royal treasury would also be injured by the loss of the ten
per cent which was paid by the silver sent in return for merchandise;
and, besides, the few commodities which were carried would not yield
enough to cover the cost of the navigation.
56. The fiscal--to whom it was ordered to send these representations,
that he might examine them and compare them with the Expediente--made
his reply on January 10, in the year 1720, reaffirming the motives
which had prevailed, since the discovery and conquest of those islands,
in permitting to them the commerce with Nueva España, so far as it was
necessary to their preservation. [He also stated] the infractions of
law which had changed the amount permitted--250,000 pesos of principal,
and 500,000 for the returns (which "Period i" mentions)--and what was
ordained by the royal decree of August 12, 1702, for the regulation
of the management and continuance of this commerce; and declarations
made by his Majesty in regard to unsettled points which arose, in
the meeting of the Council in 1712, from which despatches were sent
on December 12, of that year (which are mentioned in "Period iii");
and the fact that the abuses with which the merchants of Peru had
carried on commerce with Nueva España had made it necessary that in
the year 1631 that trade should be entirely prohibited. He was of the
following opinion: that the permission to trade ought to be continued
to the citizens of Philipinas, for the damages to the commerce of
España would be avoided if that of Philipinas did not exceed the
300,000 pesos which were allowed to it.
57. That if this commerce should perish, trade and intercourse in
those distant provinces would cease; and if they were cut off from
communication with Nueva España they would remain exposed to seeking
for commerce with the adjoining nations, and in imminent danger of
trading away at the same time their own rights and customs, and of
going to perdition--the Catholic faith being extinguished entirely
or in part, the propagation and maintenance of which was and always
had been the chief care of his Majesty.
58. That although in the royal decrees of January 8, 1718, there was
reserved to the islands the trade in sugar, porcelain, linens (called
"elephants"), [76] and spices, these commodities were not adequate
for maintaining a continued commerce, nor for producing the revenues
which those islands needed.
59. That the government should not disregard the consideration brought
forward by Señor Valero, of the damage which ensued to the poor vassals
of Nueva España from depriving them of the privilege of supplying
themselves at less cost with the fabrics from Philipinas; for if they
cannot obtain these, and the poor are unable to meet the expenses of
the Spanish merchandise on account of its high price, they would be
exposed to the wretchedness of destitution. In conclusion, he said
that advice should be given to his Majesty that the remonstrance of
Señor Marqués de Valero was just; and that deference should be paid
to it, by suspending the operation of the above-mentioned decrees
and warning all the officials in those regions that they must conform
without any variation to the orders given in the decree of the year
1702--with various provisions which he proposed, one of which was
the total prohibition of the commerce in case the conditions of that
decree were violated.
60. Having considered this reply of the fiscal, it was agreed by an
act dated February 1, 1720, to advise his Majesty in accordance with
all the preceding recommendations; and the Council was of opinion
that it should reiterate the enforcement of [the commands in] the
despatches of August 12, 1702, and December 13, 1712, with a strict
stipulation that the ship could not be allowed to sail if the value
of the 300,000 pesos of the permission were invested in silks only.
61. While this opinion was in the royal hands, an order from
his Majesty came down to the Council dated September 5, 1720, in
which--influenced by a memorial which had been presented by Don Manuel
Lopez Pintado in the name of the consulate and commerce of Cadiz; and
by a letter from Marqués de Valero just then received, dated March
8, in the same year--his Majesty commanded that the Council should
inform him of their opinions in regard to the prohibition of stuffs
and silks from China in the Philipinas ship, after first listening
to the memorial from the commerce of Cadiz.
62. The Marqués de Valero in the letter here cited of March 8,
1720, urging what he had set forth in previous letters in regard
to the difficulty which he encountered in carrying out the decrees
which prohibited the commerce in silken fabrics, also spoke of the
new distress in which the islands were, on account of the plague
of locusts, failure in their harvest of rice, and the scandalous
proceedings of Governor Bustamante. The viceroy said that it seemed
to him better for the service of God, and that of his Majesty, to
delay the regulations which changed the method in which that commerce
had been conducted, until his Majesty should make such decision as
pleased him in regard to the viceroy's previous memorials; and he
said in conclusion that he had also found it desirable to make this
suspension of the decrees because the emperor of China had hindered his
vassals for the last two years from trading with the islands--which
had resulted in the galleon of that year carrying but few silk
goods. Consequently, the greatest scarcity of that merchandise had
been experienced, for, even before the arrival of the ship, a libra
of silk spun [beneficiada] and dyed was worth 26 to 28 pesos.
63. In consequence of this order of his Majesty there were sent
to the consulate of Cadiz copies of the decrees of the year 1718
and of the letters of the Marqués de Valero which have been noted,
in order that the consulate might report in regard to its opinions,
fully and clearly stating the inconveniences, or the advantages,
which might follow the prohibition of the stuffs, silken fabrics,
and other merchandise from China. They answered this in a letter of
July 16, declaring that on this subject they had made on different
occasions the representations which were contained in two official
documents which accompanied, and that nothing occurred to them to be
added to these (which are the ones noted in nos. 46 and the following,
"Period v"). [77] Orders were given that the fiscal should examine the
whole matter anew; and he in his reply of September 11, in the same
year, 1720, taking into consideration what he had stated in another of
January 10 preceding (which is the reply that is indicated in no. 56),
added, that the consulate only complained in its memorial and in the
remonstrances of its merchants of the illegal manner in which the
commerce of Philipinas was carried on; and the fiscal asked that this
be restricted within the limits of the permitted amount.
64. He stated that it was a mistake to assume that the permission was
only for the products belonging to the native citizens of Philipinas,
because the laws which permitted this commerce did not contain such
limitation, and continual usage had excluded it; for always the islands
had traded in silken fabrics without hindrance, for with the products
of the country it would be impossible to carry on an annual commerce
to the amount of 300,000 pesos.
65. That the absolute prohibition of that commerce which the consulate
proposed in its memorial (it is not in the Expediente), following
the precedent of prohibiting the commerce of Peru with Nueva España,
ought not to be considered. For the latter prohibition left both those
kingdoms free to trade with Castilla, by which the lack of commerce
between them was made endurable; but this result could not occur with
Philipinas if the commerce of Nueva España were prohibited to them,
since there remained no other of which they could avail themselves.
66. That, if the products of the natives of those islands were
sufficient to make up the annual [amount of] trade to the extent of
300,000 pesos, it would be just and reasonable that the commerce in
silken fabrics be prohibited to them; but as the aforesaid viceroy
positively stated that those products were not sufficient for that
purpose, it would not be right to deprive them of this privilege
without further knowledge of the subject. The conclusion of the
fiscal was, that orders should be given to observe the royal decree
of August 12, 1702; and that the viceroy and Audiencia of Mexico,
and the governor, Audiencia, archbishop, and royal officials of
Manila, should send in information very clear and detailed on the
question whether the products of the country could fill up the amount,
[of exports] assigned to that commerce.
67. The Council, in view of all that is mentioned in this "Period
vi," and of a summary of the context of the letters of the Marqués de
Valero, and of the replies of the fiscal, were of opinion, in their
session of September 23, 1720, that his Majesty should be pleased to
command a repetition of the orders given for the fulfilment of the
regulations issued on August 12, 1702, and September 13, 1712--with a
strict stipulation that the Philipinas ship should not sail with an
investment which should exceed 300,000 pesos, and that to be in the
commodities which were specified [therein], with exclusion of every
kind of silken fabrics; and with other measures and statements which
are contained in the despatches that were issued for the enforcement
of those decrees, dated October 27, following, of which mention will
be made.
68. At this session it pleased his Majesty to make the following
decision: "I agree entirely with what the Council proposes; and
the corresponding orders shall be immediately given, with the most
punctual and strict charge to the officials whom this concerns (and
especially the viceroy of Nueva España) that all the above orders shall
be carried out promptly, without any objection or alteration--with the
warning that, if any neglect or delay in fulfilling this decision is
experienced, proceedings shall be brought against them as disobedient
to my orders. And in order that those officials, as also private
persons in Nueva España and Philipinas, may be fully informed of this
determination, a decree shall be drawn up with the utmost clearness
and precision, which shall include the whole of this business. This
decree shall serve as an ordinance, in which, without reference to
others, shall be expressly stated what every person must observe in
this commerce, and the penalties which transgressors will incur,
in accordance with what the Council proposes, to the end that, by
placing an authentic copy of it at the heads of the registers on
the ships from Philipinas and making it public, no one can allege
ignorance. The Council shall pay especial attention to the manner in
which proceedings shall be taken in this matter, not only in Nueva
España but in Philipinas, in order to secure the punishment of those
who disobey my orders, and of those who shall delay their execution."
69. In consequence of this decision the royal ordinance which was
mentioned in it was drawn up, with date of October 27, 1720. It was
addressed to the viceroy Marqués de Valero, and the Audiencia of
Mexico; the royal officials of Acapulco; the governor, Audiencia,
and fiscal of Philipinas; and the archbishop of Manila; and copies of
it were given to the consulates and merchants of Cadiz and Manila,
at their request, in order that they might print it. Its tenor is
as follows:
70. [This decree is addressed to Marqués de Valero, viceroy of Nueva
España. After rehearsing the arguments brought forward in previous
letters received from Valero, the decree ordains the following rules
for the commerce of Philipinas: Two ships shall go annually from the
islands to Nueva España, each of 500 toneladas. "The value of the
lading which the said ships are to carry from Philipinas to the port
of Acapulco may be up to the amount of 300,000 pesos, which must come
invested strictly and solely in the following kinds of merchandise:
gold, cinnamon, elephants, wax, porcelain, cloves, pepper, cambayas
and linens woven with colors [lienzos pintados], [78] chitas, chintzes,
gauzes, lampotes, Hilocos [79] blankets, silk floss and raw silk spun,
cordage, and other commodities which are not silks." These ships are
prohibited from carrying silken fabrics, "satins, pitiflores, velvets,
damasks, Pekin silks [Pequines], sayasayas, brocades, plain satins,
grograms, taffetas; silver and gold brocades; embroidered pieces of
silk stuff for [covers of] beds, the [hangings for] drawing-rooms
[estrados], and women's petticoats; silken gauzes flowered with gold
and silver; pattern pieces for petticoats, figured or embroidered;
dressing-gowns, chimones, or made-up garments; hose, ribbons, or
handkerchiefs; or any fabric which contains silk." The penalties for
transgression of this order are confiscation of such goods, payment
of three times their value (this amount to be shared between the
royal fiscal, the judge, and the informer), and perpetual exile from
the Indias; and the confiscated goods are to be burned. Declarations
of goods shipped are absolutely prohibited; those who are permitted
to trade must be chosen by the city of Manila, without the aid of
any official; the duties to be paid are fixed at 100,000 pesos
for each voyage, with the express stipulation that this payment
is to be called adjustment [regulation] of duties, and not indult;
no religious person and no stranger may be allowed to ship goods;
every shipper must present an itemized invoice of the goods sent;
the ships must not be overloaded; no right to lading space may be
transferred to another person. Provision is made for inspection,
valuation, and landing of goods, and for the disposition to be made
of such as shall be confiscated; and the limit of six months is fixed
for the disposal of all Chinese silk goods that may be on hand in
Nueva España when the decree is published, after which time all that
are found must be burned.]