Note 62 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

The difference between the appellate jurisdiction of the audiencia in contentious cases involving Chinese and in administrative matters which it did not have is illustrated by a case which came up in 1794 and lasted through twelve years of litigation. In the year aforementioned, the ayuntamiento of Manila brought suit before an alcalde ordinario of the city against a Chinese, Augustín Chagisco, on a charge of the failure of the latter properly to fulfill a contract which he had made to supply the city with meat. The alcalde ordinario, before whom suit had been brought in first instance, cancelled the contract, and the Chinese appealed to the audiencia. The tribunal, after due consideration of the case, restored Chagisco to his status as provider of meats (abastecedor de carne) for the city. Instead of appealing the case as one of law, the ayuntamiento wrote to the king on January 19, 1796, alleging that the audiencia had interfered in behalf of a Chinese whose services the ayuntamiento had discontinued as provider of meats, over which matter the audiencia had no jurisdiction. The king immediately gave expression of his approval of the stand of the ayuntamiento, being of the impression that the question at stake was one of appointment only.62 At the same time the king demanded a full explanation from the oidores as to why they had interfered in this matter which was so far removed from their jurisdiction. The audiencia, in reply, sent all the records and testimonios of the suit to the Council, and that tribunal called upon the ayuntamiento in due time to explain why it had misrepresented the case. After a long period of acrimonious correspondence between the Manila authorities, the case was concluded on February 19, 1806, by a reversal of the earlier decision, and His Majesty sent a letter of congratulation and approval to the audiencia in appreciation of its stand in the matter.63 The king informed the tribunal that it had been entirely regular in its proceedings, having reversed the decision of the alcalde ordinario in a legal suit which had been appealed by the Chinese to the audiencia in protest against the adverse decision of the lower court.