Note 36 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

Report of Council of War, June 18, 1746, A. I., 108–2–21. See note 17 of this chapter, which deals with the local council of war. On the occasion referred to, it acted as a courtmartial. It also had power to advise the governor, and even to prevent the military officials from taking steps which would inflict injustice on the natives in connection with military operations. Here it may be seen that magistrates were actually members of this council, and in this capacity they advised the governor as to the best means of fortifying and defending the Islands. The laws of the Indies are singularly lacking in definite statements as to the legal composition and membership of this council.