Chapter 22

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

Of the administration of justice in generalThe 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 thestorms, 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 tocriminal 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.]

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 thestorms, 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 tocriminal 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 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 thestorms, 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 tocriminal 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.]


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