Note 23 — INTERNAL POLITICAL CONDITION OF THE PHILIPPINES, 1842

3rd. The administration requires a complete reform. The command of Filipinas has always been entrusted to a governor and captain-general, as if it were a province of España. To set some balance to his power, because of the distance from the throne, certain privileges and preeminences have been granted to other persons, especially to the Audiencia, even to the point of making of the latter a court of appeal against the measures of the chief of the islands. Besides, the revenues have been removed from his jurisdiction, and the office of the intendant has been constituted, who obeys no others than the orders communicated to him by the ministry of the treasury from Madrid.23 It is very obvious that this single point is quite sufficient to paralyze completely the action of the governor-general. Besides, since there are many matters which require to be passed on by distinct ministries, it happens that two contrary orders touch the same matter, or that one order is lacking, which is enough to render its execution impossible, the contingency moreover arising that a chief may detain a communication, even after he has received it, if it does not suit him. This system of setting obstacles in the way of the governor of a distant colony is wise and absolutely necessary, but since the Leyes de Indias are not a constitutional code, but a compilation made in the year 175424 of royal orders despatched at various epochs and by distinct monarchs, in which are decided points of government, justice, war, politics, revenue, procedure, etc., there results rather than a balance among the various departments of authority a confusion of jurisdictions, the fatal fount of eternal discord. [Mas cites laws from Leyes de Indias showing the great confusion and contrariety of the orders to governor and Audiencia. This confusion has given rise to scandalous and tragic events because of the contests over authority. During these latter years have occurred many offenses of like nature. General Enrile had them with the intendant, and General Camba mentions several during the period of his government. To these difficulties, is added another, in order that the chariot may run right and easily; the government of the provinces is in charge of an alcalde-mayor,25 who is at once judge of first instance, chief of the political matters, subdelegate of the treasury, and war captain or military commandant, for whose different attributes he is subject to authorities distinct from one another. This appears inconceivable, but yet it is a fact, although the cleverness of our India legislators has not been so great that it could free the system of the inconveniences which necessarily must obstruct it.