Of the administration of justice in general

The consideration and respect which the Audiencia of Manila merits

among the Indians proceeds also from those times in which its

members made official visits to the provinces, and in these visits

did so much good to the villages. The visiting auditors were, in

reality, friendly mediators in the disputes between the Indians;

and they made agreements, placed limits to the villages, furnished

a sort of municipal ordinance, and protected the natives against the

oppressions of the alcaldes-mayor. Notwithstanding my high opinion of

that tribunal, I regard as very proper the provisions of law xxxiv,

título ii, book ii of the laws of the Indias in regard to the removal

and promotion of its ministers, basing my opinion on the same arguments

as did the law--that is, that it is very desirable not only to reward

them, but to uproot them from the friendships which they contract

in places where they remain a long time. These friendships, whose

influence is always detrimental to the equitable administration of

justice, are in Manila an almost necessary result of the small Spanish

population, of the lack of all public amusement or diversion, and of

the fact that with the enervating effect of the climate the rectitude

and vigor of European morals is lost after some years of residence

in the country. [The Audiencia has been unable to attend to the

administration of justice in the islands as it has desired, for it has

always been hindered by the many obstacles which arise from the storms,

the lack of roads and mail service, the attraction of all the lawyers

in the islands to the capital, the ignorance of the gobernadorcillo and

the alcalde of each other's language and of judicial procedures, the

dilatory mode of carrying on these between the provinces and Manila,

etc. "Thus it is very common that these lawsuits, besides being always

full of defects, last three, four, or six years; and that in that

long period either the delinquents take to flight, or the documents

are lost." Even in the Audiencia itself there are many obstacles to

its action. Its subordinate officials are Indian or mestizo lawyers,

who often are neither competent nor qualified for their positions;]

and that which most contributes to retard the despatch of business,

and to maintain the offices of the court without any organization,

is the unfitness of those who occupy the class or purchasable and

renunciable offices. The court clerk, the special commissioners,

and the attorneys know nothing else than how to obtain the greatest

possible advantage from the purchase of their offices. Without any

instruction in the obligations of those positions, because they cannot

acquire it in that country, and incapable of carrying out even what the

ministers themselves have the patience to teach them, those men are,

notwithstanding, the only ones whom the ministers can choose for those

offices, because they are likewise the only ones who can outbid others

in the sale of them. These positions are also of little advantage,

because in the immense extension of the military jurisdiction, among

the wealthy persons of Filipinas, the tribunal of the War Department

has drawn to itself all the civil causes of importance in the islands;

and the Audiencia has been reduced to criminal causes, and the minor

controversies over land among the Indians, for which reason it is

impossible to have educated Europeans who will purchase those posts

and serve in them. The consequence of this is that the offices of

the Audiencia are in the utmost disorder; that they do not contain

even the books of entry which the laws provide for, or registers,

citations, or reports of cases; that in order to record a decree or an

official report it is necessary for a minister to take upon himself the

task of doing that; and, finally, that the administration of justice

must necessarily be slow. [Bernaldez therefore recommends that the

ministers of the Audiencia be promoted at least every ten years to

other appointments; that the minor offices be no longer purchasable

or renunciable, but filled directly by royal appointment, and given

to suitable persons, with good salaries (which are specified); and

that the government of the islands provide some expedient for raising

money to pay the salary of an attorney-general in each province.]

The Philippine Islands, 1493-1898, Volume 51, 1801-1840 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 38 / 64 题