Note 25 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

On August 16, 1791, Governor Marquina answered the complaint of the audiencia in a memorial of his own, in which he set forth his position in summarized form, giving a history of the entire contention, and defining his position with precision and clarity.25 He claimed that the cédulas which had been issued up to that time had recognized the right of the governor to dispose of these asesorías, which did not and never had belonged to the oidores by their own right. As superintendent of real hacienda, he (the governor) was judge-conservator of all the asesorías, and by cédula of March 20, 1790, he had been authorized to control them through his asesor. The latter official had also been ordered to administer the rent of tobacco directly as the agent of the governor and to supervise the others in the governor’s name. The oidores had been forbidden to hold these positions, except under exceptional circumstances, which, in Marquina’s judgment, did not exist at this time,26 since there was present in the colony a special asesor whose duty it was to supervise these monopolies. The audiencia would have to try certain cases on appeal as a judicial body, and oidores who had already rendered decisions as judge-conservators could not justly render decisions when the same cases were appealed. He declared that he had the approval of the king in his contention, and was therefore confident of his position.