Chapter VII: Part 7

The former bishop of the province of Zebu in these islands, Don Fray Sebastian de Foronda, had done me the favor of lending to me six thousand pesos for the payment of a debt. That gentleman having died, the licentiates began to make arrangements for the collection of his expolios, [61] in this usurping the governor's jurisdiction; for it appears that this business belongs to the control of the superintendency of the royal treasury, which exercises [that control]. They issued an edict directing that I, making acknowledgment of the promissory note which they found, which I had made in favor of the said bishop, must immediately make the payment of this amount. I replied to this that the note was made by me, but that, as I had not the funds, it was not possible for me to pay the note then, but I would do so as soon as I could. At this, they issued another mandate in which their ill-will in regard to this affair (which, in general, has existed a long time) began to make itself fully visible--which contained these expressions: "We command you, every official with appointment as deputy of the alguazil-mayor of this court, that when you see this present you proceed immediately and without any delay to require General Don Manuel de Santistevan to deliver up the sum of six thousand pesos, which he is owing to the goods of the expolio of the very reverend master in Christ Don Fray Sebastian de Foronda, deceased, late bishop of Calidonia, and apostolic ruler of Zebu; and if he shall not pay the said sum, you shall proceed to levy on his person and goods up to the quantity necessary to make up the said six thousand pesos, the tenth, [62] and the costs of collection, in the usual form. For this command is given by an edict issued by us, on the past fifteenth of September in this year." Such are the expressions in the decree. When the friend who on other occasions, as I have informed your Grace, has directed me in all my lawsuits (whom, before replying, I consulted on this affair) comprehended the artful manner in which this mandate was worded--for while my office was stated therein as "general" (which, although I was one, I was not accustomed to style myself, as others do here), the document said nothing of my office of master-of-camp; and, as it was more important to misrepresent the former judicial point than to set aside the latter, it was a consequence that whenever such [word illegible in MS.] should come to be seen here, it would follow that the auditors could arrest me with this title, and without recourse to the governor, who is the one authorized to do so, when cause arises--this friend thought it best to attack them with a counter-mine. This was to reply to them (as was done) that the said decree or mandate could not concern me, because not only on account of my noble rank I could not be imprisoned for debts, but I was also excepted therefrom by being master-of-camp, so that in no case could this seizure of my person be made without the consent of the governor. It seems that they had, before his eyes, issued another decree, saying that this measure should be duly carried into execution--with the statement that it must be ascertained whether in the office of the court notary of that same Audiencia my title was registered, or there was evidence that I was such master-of-camp; and that in the latter case the governor should be notified before they proceeded to carry out the decree, in order that he might give the orders which would prevent perplexity among the soldiers whom I keep as my guard. The governor was sorry for these attacks on me, and partly on this account, and because he desired that such a precedent should not operate generally, and partly in order to avoid on that occasion the disturbance that might arise from his defending his own jurisdiction in the aforesaid matter of the expolios, which these subordinate officials were usurping from him, and seeing that I had not the means for paying this amount, he showed me the special favor of furnishing to me five thousand four hundred pesos--part in the salary which to that time was due me, and the rest in cash, which he ordered his steward to give me. With this, and six hundred pesos more which I obtained in other ways, the whole of that debt was paid into the royal treasury; from which it resulted that, as the auditors had not been able to secure the execution of this last decree, in so far as concerned my person, on account of this deposit or payment, which forestalled their attempt to compel me to have experience in the court of justice, when they heard of it those fine snobs [buenas alajas] of licentiates were left more than amazed; and the grievous vexation which they experienced through the fact that their malicious cunning and procedure had been frustrated was increased no little by their learning that the greater part of the amount furnished had been given by the governor, who will send to the king or to the Council of the Indias, on this occasion, or when the galleon shall sail for Nueva España, an admirable document--which has been prepared by the friend who, as I have already stated, has directed me in my legal business--in which, relating this action, he proves by forcible arguments that those auditors acted illegally therein, and makes it very clear that they could not and ought not to meddle in that business.

I am fully informed of the reasons which made your Grace regard it as not expedient to present in the Council the sworn statement which I sent you, in the year 725, of what had been done up to that time in regard to the affair of the jurisdiction of the small fort. Considering that, although the governor has known and knows the injury that was done me in that matter it will please him that the revocation of the sentence which, ill-advised, his predecessor pronounced should come from there [i.e., Madrid], I trust that your Grace, on receiving this letter, will be pleased to arrange for presenting in the aforesaid Council the sworn statement of the whole of this lawsuit which I sent you in the year 727; and make all possible endeavor to secure that, if the affair result as is just, the decree which I mentioned on that occasion be sent here. Also such measures should be taken as will lead to Auditor Martinez, who was the chief cause of so unjust a sentence, being given the condign punishment that corresponds to his fault; and that the same be done as concerns Alcalde Vermudez, on account of his having thrust himself into usurping the jurisdiction of another.

In regard to the subject of boletas, [63] it is also important to continue [our] importunity, so that (as I hope) a decree may come, assigning me definitely at least ten toneladas in each galleon, which are eighty piezas or boletas. This is a number so moderate as may be understood from the fact that it is hardly half of the amount with which in the past it was usual for my predecessors to compensate themselves out of what was allowed in the galleons by the latest regulation of his Majesty to the entire body of citizens, [and] was that which was commonly assigned to them on those occasions. This arrangement will be very desirable, so that the prejudice arising from differences in the persons who are associated in the distribution of space [repartimiento] each year cannot, with what each one will have, attempt to change the allotment of what should be given to me; also because the governor, although he may desire to favor me in this particular, cannot do so by himself alone, as he has only one vote. Besides, if we consider former instances, it will not be strange if the plebeians [64] with their arts induce him to do what they wish. [A note on the margin, evidently added as an afterthought, reads: "If this matter of boletas proves difficult to secure (although it is so ordinary an affair that even to a half pay sargento-mayor named Don Franzisco de Cardenas a decree came last year, which decreed that they should provide for him here with fifty boletas), and the favor of the government can finally bring it about (if on the other hand it does not turn out as I hope), your Grace need not trouble yourself over this question of boletas."]

This gentleman, the governor, has told me that your Grace gave him the duplicates (which he has brought here) of the reports which I made and sent to you in regard to the absurd speeches which have been habitually made here. I have been much pleased at this precaution (which was a very proper one), not only that he might come here with full knowledge and information about affairs, and because of the benefit which he has derived from them (which he has personally acknowledged to me), but because since his coming he has proved the truth of all that is contained in them.

I am very thankful to your Grace for the news which you send me in regard to the condition in which affairs are there [i.e., in España]. I cannot express my feelings at the death of the Count, not only because I know the same things that you mention, but on account of the especial circumstance of the personal favor and affection for which I owe him the gratitude for which I shall always be under obligation; and I am equally grieved that it happened thus, in the prime of [his] life, on account of what concerns Don Pedro his nephew. For the present, then, since for lack of time it is not possible for me to write, your Grace will please present my condolences for both these casualties to the lord Count Mozo, and to my lady Doña Ge[r]trudes, assuring them that I sympathize with them very sincerely. Will your Grace please also convey my kind remembrances to the other acquaintances and friends who favor us, as also to all our relatives--and especially to our Don Matheo, and to my lady Doña Antonia, telling them how sorry I am for the impaired health that they have suffered, and that I shall be exceedingly delighted if they regain their health.

A little while ago, God took away the eldest child of Don Luis and Doña Rosa, after a tedious and lingering illness with diarrhoea. They are exceedingly grateful to your Grace for your expressions of kindness, which they very cordially reciprocate; and Don Luis places at the disposal of your Grace [whatever he can do for you in] the new office which he holds, that of chief notary (in proprietary appointment) of the cabildo of this city, with accompanying rights of privilege therein. In order to secure this purchase (which he made here from the crown), he was aided by a schedule of properties which he owns in this same city, [amounting to] some twelve or fourteen thousand pesos, for the post cost him that amount. Although it is certainly an excessive price, it is compensated by the advantageous circumstances attending it: he has authority to select a deputy who can exercise the office in his name, as is the case at the present time--the latter to be paid, according to what they say, 3,000 pesos each year--and it is a place of much honor and esteem, just as it is in all the cities of these kingdoms. These advantages he had borne in mind, for without them he would not have undertaken this office, even if it had been worth much more; [another consideration was], that whenever he may choose to quit it he can do so, assured that he will find some one else here to whom he can make it over, at very nearly the same amount which it cost him, since that office is sought for by many persons.

I render to your Grace the grateful thanks which I owe you for the diligent efforts that you made in order that the post of governor here might be conferred on me; and I now see how, on account of the reasons which you state, you could not gain the result that was desired--for which it is necessary to resign ourselves and be patient. By my previous letters your Grace will have learned the object to which my mind is directed, since learning that [my hope of securing] this office has been disappointed, and the other motives that I stated therein. Every day increases, if that be possible, my desire to indemnify persons here; and moreover I am certain that, instead of securing advancement [here], I can regard it as certain that I shall, on the other hand, become more embarrassed at every step--considering that I cannot hope in any direction for the least gain of [pecuniary] profit; and that my salary is so limited that, as I have stated on other occasions, it is not enough even for the absolutely necessary expenses of my decent living, moderate [as that is]. For all these reasons, I cannot help repeating at this time my urgent requests to your Grace in regard to this subject, entreating with almost the same energy which I could employ to escape from purgatory, if I found myself there--that you will, as also friend Arce (to whom also I have written at this critical time), continue your efforts until one of the posts of governor which I have mentioned to your Grace can be secured for me, either in the kingdom of Peru or in that of Nueva España. I suppose that the [door to such a] purchase is now closed; but if through a little good-fortune there is opportunity for one, you can render assistance in securing one for me, from the money which will remain from what I have sent, since all of it is now on the road thither [i.e., to España], according to the information which they have sent me from Nueva España. If this shall not be enough, I trust, in the great loyalty and affection which I owe to your Grace, that you will make up the remaining sum that shall be necessary, in such way as you shall find most convenient--[what is needed] not only for this purpose, but tor the rank of field-marshal; or, that failing, for the rank of brigadier. I will repay the amount that may be needed, with more than its proceeds amount to, as is just--assuring your Grace that the favor of aiding me to secure (as I hope) this relief will be so exceeding a kindness that 1 have no words to express suitably my inmost appreciation of it, nor, consequently, to show the gratitude for it which I shall always feel toward your Grace--whose life I beseech our Lord to preserve for me for many years, with all prosperity. Manila, January 28, 1730.

Cousin and Sir:

I am very sorry that the articles which I sent by Fathers Buena Ventura Plana and Joseph Bobadilla were lost, through an accident; for this has deprived me of the pleasure which I would have felt if they--as being things from this country, although of little value--had reached the hands of your Grace and other gentlemen to whom my gratitude and affectionate good-will had addressed them.

I think that the aforesaid fathers are now in Nueva España, on their return journey, and I do not doubt that in passing by way of the court there [i.e., Madrid], on their return from Rome, they exerted whatever good offices they could in my favor, on account of the special affection which I owe them, and [which], your Grace is pleased to declare, they displayed. And although I take into consideration the fact that at present the other fathers who reside at that court cannot accomplish much, for the reasons which you give me, I persuade myself that it will do no harm if your Grace will please to preserve (if you can do so without special trouble) communication with all those to whom you caused the letters that went from here to be delivered; for they will not fail to render aid in whatever may arise. Nevertheless, even without their aid I have entire confidence that your Grace will employ the other means which you have obtained through your great ability, and such others as you may find convenient, if one alone do not prove sufficient for the attainment of one of the governorships which I have mentioned. Again I assure your Grace--to say nothing of the fact that this hope itself affords me some pleasure--that it will be a favor so praiseworthy, and so great a kindness, for me to be able to escape as soon as possible from this chaos, this deep well, that (as I have already said) I shall not have words with which to express it, and therefore to manifest to your Grace sufficiently the gratitude which I shall always feel toward you. I flatter myself that at the same time there may come an order to the governor to give me the command of the galleon in which I shall have to make my voyage, for the reason which I have already explained to your Grace on other occasions, in order that in this way I can perform it with more convenience, and without so great expense. In case the granting of such order be refused (although I imagine that there will be no obstacle that can arise in the way of issuing it), it will be desirable to obtain letters from the secretary (present or future) in the general office of state who has charge of matters concerning the Indias, recommending to this gentleman [i.e., the governor of Filipinas] to be sure to grant me this favor; it would even be worth while for Señors Legarra and Maturana, and likewise Sargento-mayor Castro of the Guards, also to write to him on this subject.

[At this point the writer indulges in various half-anxious reflections on the uncertainty of his future, the delay in obtaining the benefits of a governorship even if he secure the appointment to one, and the possibility that all this delay may be time wasted; but he endeavors to bear these things in patience. He states that he has also written to one Patiño [65] on these matters, and he hopes that these representations will lead to measures by the home government that will check the arrogance of the Manila auditors; and he urges his cousin to push his claims to a better post than he now has.]

I kiss your Grace's hands, as your cousin and sincere servant and friend, who earnestly desires to see you again,

Manuel de Santistevan

[Addressed: "To my cousin Señor Don Lorenso de San Tistevan."]

[On the margins of pp. 28 and 29 of the MS. appears the following, evidently a postscript to the letter:]

Cousin and Sir:

When your Grace may write to the relatives [Spanish, Pa--, the rest blotted; the context would indicate parientes], I trust that you will grant me the favor of explaining that, for the reason which I have already stated, lack of time, it is not possible for me to write until another opportunity (which I will try to do); and will your Grace please say the same to the mother of Doña Rafaela (whom may God keep), and convey to all of them, in my behalf, my affectionate remembrances.

This packet--of which I will send another copy by the galleon, being uncertain whether this may be lost on the way--is going by way of one of the colonies which in this part of Asia belong to the foreign nations, such as Francia, Inglaterra, Olanda, and Portugal. By this route letters usually go very expeditiously to that kingdom [of España], as also those come here which are sent thence by these routes, employing the method which I described in detail to your Grace in the years 723 and 24--a fact which many persons here have learned by experience, in the case of the letters which by these lines are sent to them from the court there, by the correspondents whom they have in it; for one, the governor obtained this satisfaction soon after his arrival in these islands, in receiving various letters, among which was the commission as warden of the castle of Santiago in this city, for a nephew whom he had brought, who in España had been an alférez of the Guards.

From the maternal grandfather of Doña Maria Josepha the authorities seized here 102,000 or 106,000 pesos--a sum which, as it had been sent from these islands to Nueva España as an investment by Don Fernando Bustillo Bustamante, the former governor of the islands, was therefore by order of the viceroy of that kingdom [of Nueva España] placed in the royal treasury of Mexico; as also another considerable amount, which the aforesaid governor had sent, was obtained from various other seizures which the viceroy had made. Although the executors of the said grandfather of Doña Maria Josepha obtained a decree that they should be repaid for the amount seized, there has not thus far been any way in which that could be done--either because there was a lack of funds, or because the person to whom this commission had been entrusted in the aforesaid city of Mexico was inefficient. The greater part of the amount thus seized belongs to the aforesaid Doña Maria Josepha; in order to ascertain what is legitimately hers, some measures have been taken in order to secure the division of all the goods; and if (as I hope is the case), this effort shall have succeeded [in time] for the despatch of the galleon, I will then send word to your Grace of the result, in order that your Grace and friend Arze may be so kind as to ask for a new decree in which the viceroy shall be commanded to see that the most prompt satisfaction be given for the aforesaid amount. With this and a strong letter of recommendation from the secretary for the affairs of Indias in the general office of state, addressed to the present or future viceroy, there will be no doubt that the collection of this money will be facilitated, as is necessary and desirable--and all the more if this order shall arrive at the time when, as I trust, [an appointment to] a governorship being received, I should go, as would be necessary, to that kingdom [of Nueva España], even though it might be for [an office in] that of Peru.

EXTRACTO HISTORIAL

Commerce of the Philippines with Nueva España, 1640-1736
(to be concluded). By Antonio Álvarez de Abreu; Madrid, 1736.

Source: This document is translated, partly in full and partly in synopsis, from the Extracto historial (Madrid, 1736), compiled by Abreu; it includes "Periods" iii-x, but on account of its length will be completed in VOL. XLV.

Translation: It is synopsized and translated by Emma Helen Blair.

COMMERCE OF THE PHILIPPINES WITH NUEVA ESPAÑA

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.

SECTION IV

PERIOD IV

Of the demonstration which was made in the year 1712, when the
Duke de Linares was viceroy, of the illegalities in the trade
permitted to Filipinas, and the difficulty of preventing them.

41. On May 27, 1710, a despatch was sent through the private correspondence office [via reservada], addressed to the Duke de Linares, viceroy of Mexico, directing him, on account of the pressing necessities of war, to grant indult of the penalties for the illegalities (specifying those which had been committed in notable transgression of the law) with which the Filipinas commerce had been and was still carried on--not only in the commodities which were shipped, but in the silver which was sent back for them--neglecting the rules and orders that had been given for that commerce. In consequence of this, by order of the viceroy, an investigation was made in Mexico by an auditor in the year 1712, of both the shipment and the returns; and as a result of this was shown the great illegality with which the stuffs from China had been traded. It appeared that the goods that came without registration were allowed to enter on the declaration of them; that, contrary to the permission, all or the greater part of the merchandise in this commerce belonged to citizens of Mexico, Puebla and other parts of that kingdom, and not to the native citizens of the islands; that while the permission limited the returns to only 600,000 pesos, the amount thus permitted had been exceeded in some years by two millions, and in every year by a considerable amount; and that no investigation had been made of the chests carried by the mariners of those ships, to see whether they contained more than 30 pesos' worth of goods.

42. Although with this investigation and the accompanying report of the auditor who made it (which he sent to the viceroy), and the opinion given by the fiscal of the Audiencia when he saw it, that court was of the opinion that the indult should be granted to the traders of Mexico who proved to be guilty, that body of traders refused such benefit, supposing that against its individuals such guilt would not be proved as to require compurgation [by the grace] of the indult; and the viceroy Linares, in a letter of August 4, 1714, in giving account of these investigations, made the following statement:

43. "By the last trading-fleet [flota] I informed your Majesty of the progress of the investigations which had been begun in regard to the commerce of Philipinas, and of the measures which I had taken with the merchants of this city in regard to the indult. They assured me that, as they were included in the offense, and the access to his Majesty's clemency was so open, they would avail themselves of this favor, in order not to suffer another investigation or expose themselves to an experience of the severity of the penalty, since it was easier to take refuge in the sovereign asylum of your Majesty in the indult. But as the opinions of men differ, and their fears are wont to range themselves on the side of their advantage, the notorious nature of the offense was not enough to convince them, or the prohibition of the law to persuade them, on account of their persisting in the belief that [this very] tolerance sufficed to keep them from incurring [the penalties of] guilt; and that the fact that the ships came [to trade] without conforming to the orders of your Majesty afforded to the [Mexican] traders a certain indult for not making any change in the custom [regarding it]--alleging that the tolerance [of the government] was a matter of convenience, and insisting that they had not traded directly in the islands. With this the merchants resolved in a special conference, convened for this purpose by the consulate, that they would not avail themselves of the indult, leaving in my hands the liberty to proceed against all of them, hearing them in [the courts of] justice.

"Having learned of this decision, and being certain that many of the merchants were refusing the contribution as a body, and covering the indults as individuals, in order to secure greater advantage to themselves, I directed the auditor who had had charge of this investigation to summon them--each so separately and independently of the others that even the knowledge of this proceeding could not be imparted to them; and beginning with those who were distinguished by either wealth or position, whose opinion might be either a guide or a check to the others, in order that, these having once accepted the indult, their submission and connivance might facilitate the acquiescence of the others.

"I was influenced to this opinion by the difficulty of proceeding against all of them; for, as they number almost five hundred, and among them are the most prominent merchants, any procedure against them would cause a great sensation in the community, even though the cause should justify it, especially [if it occurred] at the despatch of the trading-fleet. [Also I was influenced by other considerations,] knowing by experience the losses that the merchants suffer through the irregular condition of the trade and the failure of the mineral products to make these good; their valuing more highly the actual balance in their favor from some investments which give prompt returns than their hopes from others which [various] causes might naturally retard; [the desirability of] gaining the tranquillity of the commonwealth by the voluntary contribution of its individuals; and by this means rendering more worthy of their regard the royal clemency of your Majesty, and pledging them to gratitude at receiving as a kindness the indult which menaced them as a penalty.

"Those who probably are included in this infraction of the law may be reduced to three classes of persons: those whose wealth supplies them with funds for trading, and who therefore risk these for heavy investments, without fearing lest they be ruined or left without funds for other purposes; others of the middle class [as merchants], who under the protection of the preceding class expose to risk a part of what they possess, and content themselves with moderate gains, because their means do not allow them to make greater outlay; and still others (and the most numerous), who are very poor and are unable to hazard any money, but who go to the port of Acapulco and there purchase what they can for the comfort of their families and their own petty affairs--and these are the majority [of the transgressors], among whom are many who are [now] absent, dead, or bankrupt.

"In the books of the carriers [72] in which is set down the silver which has been carried to the port [of Acapulco], and the merchandise which has been transported to this kingdom [of Mexico]--all money is included without any distinction, without specifying the coin which goes destined for the fair at Acapulco and that which must be sent to the islands; and this produces confusion, which it is very difficult to clear up. For if they [i.e., the merchants] are charged with this remittance of coin, they say that the money is for the fair, which is lawful and allowed; if they are obliged to admit that they are sending coin and are not receiving goods, they say that it is for the balances [due] on commissions from the citizens of Manila. As this traffic goes on under a confidence system [confiánza], in which there is neither written document which can certify the remittances, nor register in which the real owners can be declared, nor bill of lading by which the right of possession may be known--the result is, that the citizens of Manila send as their own the bales which belong to those of Mexico, and the latter send money as if it belonged to the citizens of Manila, produced from those bales which were not their own. And as this trade is carried on publicly with this dissimulation, and it will not be easy for any one to ascertain the inside of it and the agreements which are privately made, it follows from this that there will always be difficulty in proving guilt, and that the merchants will persist in trying to persuade the officials that the money which they send is intended either for the fair at the port, or for the payment of [debts to] its owners.

"From this confusion--the depth of which cannot be ascertained, because there is no kind of proof which will make it evident--there results only the suspicion against them, a possibility which has made this negotiation [73] more opportune to them, not only because money makes it all easy, but because it is not supposed that very large investments can be made with a small remnant of funds. [74] But as this remains a matter of supposition (although public report states otherwise), I must confine myself to judicial terms, in order [either] to acquit or to condemn. The proportion of the indult must always remain a difficult thing, because there has been no accurate rule for deciding it, nor could it be imposed in a definite amount, in order that the contribution might be calculated in accordance with it. For this reason, we estimated the amounts, averaging their judgment and my own, from which about 15,000 pesos have resulted; and the persons who have furnished these sums are secure as to the despatch of their affairs, in virtue of the powers which your Majesty confers on me. For this I send also the record of proceedings, in which appear [the names of] other individuals besides those included in the memorandum [minuta]. I must tell your Majesty that most of them are very poor, and that what they possess is not sufficient to pay a contribution in any amount; and it, after investigation, either then lack of means or their innocence rendered the exaction of the penalty impossible, I considered it best not to engage the [royal] authority in making extortions from the vassals.

"Your Majesty has given notice, in your royal decree of May 27, 1710, that frauds in the commerce consist in the excess of the shipments [over the amount permitted], and in what relates to the money which is transported by the ships of Philipinas to each of those countries, and that this irregularity depends on the judges who at Acapulco receive and despatch the ships. Although I must acquiesce in these judgments, and, no matter how much care the viceroys take to confer these powers on officials of zeal, intelligence, and energy, it is possible for self-interest to corrupt them, I also grant that it is difficult to ascertain their transgressions--because, as there is but the one official before whom the declarations of the goods and the registrations of the silver are made, it is very possible that he may have an interest in one or the other of these--either recording a smaller quantity of goods, in order that there may be smaller duties; or not registering the silver, which he can allow to be shipped outside the amount permitted. But as in both cases there is no one to make objection besides the very parties who are interested--and it suits these to be silent, because their profit depends on that--nor is there a witness to state what occurs, nor document to prove it, the transaction goes on, under a system of confidence to which neither proof nor even suspicion can be opposed.

"In some accounts, I have learned, certain sums have been credited to your Majesty, under the title 'Amounts in excess of the permission,' which is ten per cent of the excess over the 600,000 pesos which your Majesty allows to be transported; but whether these items are punctually credited or not, or whether under cover of these other and larger sums were received which were profitable to the judge, it is not easy to ascertain. I take abundant precautions to prevent these things from being done, but if they are done, or are hidden, I cannot prevent it; and I go on, sincerely believing that the minister [in whose charge this matter is], of whose fidelity I have had experience in other directions, will exercise that faithfulness in this also.