Part 6
66. For very just and necessary considerations, the Sangleys have not been allowed to sleep in the city. This measure should still be enforced rigorously.
67. There are a great number of Indians, both men and women, in the city of Manila, who are vagabonds of evil life, living in the houses of the Spaniards. Their own houses they use for receiving the goods stolen by their slaves, and for their revelries. The Spaniards aid them, and thus waste the provisions. They are retailers and secretly buy up the provisions at wholesale. They commit other sins and do much harm, as is notorious. Therefore it is necessary that they be expelled from the city and sent to their villages and parishes, and made to work.
68. The country is becoming filled with black slaves and Cafres, [8] brought by the Portuguese, and these are the worst that the Portuguese have. They do a great deal of damage, transgress the law, and will cause the ruin of this city and country; for they rebel at least every year, seize vessels, and take flight, committing many outrages and thefts. It is contrary to the law to bring these slaves, unless very young, but this law is poorly observed. It is advisable to take the measures necessary in this matter.
69. Large fires have occurred in the city of Manila, and are constantly occurring. Although many of the buildings and houses are of stone, still many are made of wood, or of bamboo thatched with leaves of the nipa palm. It was decreed that all be covered with roof tiles, but this law is not rigorously enforced. It is advisable to have this law observed, both to diminish the danger, and for the well-being of the city.
70. The streets of the city are in poor condition, and are very uneven. During the rainy season, they are almost impassable, and should be repaired.
71. In regard to the public works of the city--the cabildo's hall, the prison, and the slaughter-house--they should be constructed as soon as possible, for their absence causes great hardship.
72. The Sangleys are buying gardens, estates, and other country property, which may prove harmful. They are also establishing themselves in these lands, and in the houses of some of the orders, contrary to his Majesty's ordinance. The small size of this country may render this more harmful than in other countries.
73. Monasteries have occupied several of the streets of the city, and a portion of the space between the fortifications and the houses. This needs investigation.
74. In the offices and places of gain belonging to the country, the men employed should be selected with regard to merit and skill, and for no other reason. Especially if they are incapable, or excluded by royal decrees, should they be refused employment.
75. The same with regard to the provision for repartimientos and encomiendas of the Indians.
76. The people of the country wish to be maintained in peace and justice. They desire the punishment of all crimes, but object, on account of the newness of the country, to penalties which affect property, in the case of insignificant offenses.
77. It is requisite that, in the treatment of their persons, and especially of those who merit consideration, those who are in authority show the people respect, courtesy, and affability.
78. Those in authority must avoid having a great following of servants and retainers; and those that they do have they must pay and recompense from their own pockets, and must not bestow on them the offices or profits of the country. This is a very unjust proceeding, as there is not sufficient even for those who serve, because of the small extent of this country.
79. Those in authority must refuse to allow such servants and friends to trade and make contracts, and to buy goods at wholesale and to embark in commercial enterprises; because they exercise much coercion and inflict many wrongs--spreading the report that it is on behalf of those in authority. No one, therefore, dares to institute a suit against them.
80. The said relations, servants, and friends of those in authority ought not to be permitted to become regidors or city officials; for besides being incapable of filling such positions, and having no experience in the ways of this country, they only serve to deprive the others who fill these offices of freedom of action, so that no necessary measures can be enacted in their cabildos, if it is at all against the will of those in authority.
81. His Majesty's orders, contained in many decrees, to the effect that none but inhabitants of these islands should engage in trade here, must be put into rigid execution, as well as all else in them concerning the inhabitants, for this is the only salvation for the country.
82. In regard to the weight and cargo in the vessels sailing to Nueva España, it is essential that those in authority protect the citizens, since there is but one August and one harvest. They should strive to allow the citizens to pursue their occupations freely and leisurely, and to have the cargo loaded by those only who can justly do so.
83. Just as it is requisite to use restraint sometimes, in order to prevent the troops in this land from going on some enterprises, so likewise expeditions and pacifications must be arranged as a means of employing them; for as idlers they gain nothing, nor does the country receive any profit. At other times it is necessary to allow some to return to España, for thus others will lose their fear of coming to this country.
84. The hospitals, especially that for the Spaniards, ought to be greatly favored, as they are the asylums for all the needy. The same is true of the house of Santa Potenciana.
_Affairs of war_
85. Those in authority must not give the companies or other garrisons into the charge of their relatives, friends, or servants, especially if they are mere youths and of but little experience. This is a notorious wrong, since there are so many deserving men who are suffering and dying from hunger.
86. Every man in the royal garrison must serve in case of war, and none should be excused because of being a relative, servant, or friend, or for any other reason. There are many who are thus excused.
87. The captains and officers ought to be more painstaking in disciplining and drilling their soldiers, and in knowing what arms they possess, and whether they are in good condition. The men should be well treated, disciplined, and thoroughly under control. They should not gamble away or sell their clothes or arms.
88. When a soldier commits any crime for which he merits punishment, his captain must not hide or palliate the offense, in order to save him from prison or from being punished--as is done quite commonly, to the great injury of all.
89. It is indispensable that the walls and fort should be always kept in repair and garrisoned.
90. The same is true in regard to the artillery, of which there should be a good supply, but of which there is at present a great lack.
91. Warships ready for any emergency are needed; but at present we have none.
92. There are but few arms in the armory, and those few are rotten and out of order. This need is notorious; and all classes of weapons, especially muskets and arquebuses, must be made.
93. Carrying arms out of the country must be prohibited. This is done quite commonly by the Portuguese and by the natives, and is a proceeding which causes great injury.
94. Gunners are greatly needed, as we have but few of them, and these few do not understand artillery.
95. The artillery is badly mounted, and left exposed to sun and rain. The caissons and wheels are rotted and of no use. Balls and cartridges are all mixed up; besides, none of the other supplies are laid out so that they can be used when occasion (much more a sudden emergency) may require.
96. The gunpowder should always be well refined, and stored in different places, and not in one house, in order to prevent accidents. This should be done with the other ammunition.
97. The soldiers' lodgings at the garrison need rebuilding, as they are inadequate to the needs of the men, who will not then suffer their present necessities. Also this will do away with their disorderly conduct in the city by day, and especially that at night.
98. It is extremely necessary to adopt some system with regard to payment, so that the soldiers would not squander it in gambling. A portion should be retained and paid out each day for food and clothing. Through this lack of system much suffering has resulted, and many soldiers have died. Consequently many are unfit to serve.
99. The soldiers should be kept as busy as possible, for in Manila they give themselves up to laziness and vice. When most needed, they are found to be undrilled, and so unfit for their work. Especially should they be made to go aboard the vessels as often as possible, for in these islands it is very necessary that they go to sea and know how to fight on the water. In fact, this is generally the kind of fighting to be done here.
100. In the other cities and places of these islands, it is necessary that the magistrates and the officers of war should always be on the alert, ready themselves, and their Indians also, for any emergency that should arise. They should have ships that would inspire respect; because enemies or corsairs are apt to attack them, with whom they lose time and reputation by not hurrying to encounter them.
101. Expeditions and enterprises for pacification or conquest outside of the islands must be scrutinized very carefully. Before going on them, it must be understood and determined that those sent on such expeditions must give account and residencia of their duties and methods of procedure.
102. In respect to crimes committed by the soldiers, when these are slight offenses there is but little to register, or little judicial procedure to be observed; but when they are of greater import, and the penalty therefor is severe, it is just that the case be registered and substantiated so that the proper course of justice may be observed, and so that they may be prosecuted in due form of law.
_Justice_
103. As for justice, there has been much negligence in punishing public excesses and faults. Many things--and some of them of great importance--have been overlooked or covered up. This has led to other irregularities, such as reckless, continual, and fraudulent gambling, and concubinage.
104. From Nueva España many disreputable men, condemned to the galleys, are brought here, and allowed to disembark and go where they will, dressed and armed like the rest of the people. They are not often tried; and not only do they not pay the penalty for their crimes, but even commit other atrocities and crimes here.
105. The ordinary judges are lax in their duties, are not prompt in finishing the business of the advocates, and in fact, neglect this duty greatly. They do not patrol or visit suspected places, nor watch over the government, supplies, and civil affairs of their districts.
106. The chief aim of the alcaldes-mayor, corregidors, and assistants, is trade. They buy up by wholesale the products of the land, especially rice and other food supplies, exactly as is said above concerning the religious of certain curacies, and their interpreters and helpers.
107. They try old suits of which they cannot know the details, and stir up many suits and processes among the Indians, at great expense to the latter.
108. Neither they nor their clerks observe the schedule when levying the fees. In their own behalf they afflict and trouble the Indians with outrageous requirements, making them cut wood, serve as rowers, and perform other services.
109. The first thing that they do, on entering their provinces, is to lay hands immediately on all the property of the communities, and to use it for their own advantage. When their offices expire, they seldom return the property to the community.
110. If they collect any fines belonging to the royal treasury, or to expenses of justice, they conceal them, keeping no book or account sufficient to enable such fines to be demanded from them. The same is true of the tenths of gold.
111. It is not advantageous for these alcaldes-mayor and corregidors, or their assistants or friends, to receive the royal collections, for they perpetrate numberless frauds and cheats, both against the royal treasury and against the Indians; and there is no remedy for this, as they themselves administer justice. They hold the collections in their possession for a long time, trading with them, and the royal treasury is the loser.
112. They leave their provinces when and how they please, without permission of those in authority; and when others are appointed to their offices, they immediately depart, in order not to have their residencia taken. Thus they are not to be found in office, and escape being made to give satisfaction for the injuries that they have committed, and being prosecuted by justice.
113. They are not accustomed to obey the commands and orders sent them by their superiors unless these suit them; for this they must be severely rebuked.
114. Hitherto their residencias have been decided and taken with all mildness and little investigation, so that they have lost all fear, and dare to lead lives of carelessness and hypocrisy. Therefore it would be advantageous to take their residencias more strictly, so that they should live hereafter with care.
115. They do not watch carefully so that the religious shall not usurp their jurisdiction or meddle in matters that do not pertain to them; they do this in order not to have disputes and quarrels with the religious, lest they themselves should not be allowed to live and buy and sell as they please. This is a detriment to the public service.
116. Those in authority ought to refrain from asking or requiring the alcaldes-mayor, corregidors, etc., to supply them with provisions, or other things from their provinces, even when they pay for them; for, in the name of those in authority, they do the same for themselves, much more and with greater freedom, and to the greater loss of the country. Then they lay the blame on the one who ordered it, thus excusing themselves.
117. Many are haughty and disrespectful to the religious and ministers of instruction, always inclined to contend and disagree with them. This is also disgraceful and of little profit for any. Severe measures must be adopted in this regard.
_Encomenderos_
118. They pay no attention to the schedule in the collection of their tributes, and usually practice frauds to violate it.
119. They collect tribute from minor Indians, and from the aged, the lame, the poor, the dead, and the fugitive--their oppressions in this respect being well known.
120. They employ the Indians in building houses and large vessels, grinding rice, cutting wood, and carrying it all to their houses and to Manila; and then pay them little or nothing for their labor. They use them also for their own work for many days without pay.
121. They themselves administer justice in their village, arresting and whipping their Indians during the collection of the tribute, besides committing other notorious acts of violence.
122. They pay but little attention to the instruction of the Indians or anything pertaining to it. They pay grudgingly the stipends of their curacies, as well as the money for the building and adornment of churches. In this regard they are at continual variance with the ministers, and the Indians are the losers by it.
123. Although not authorized to remain in their villages longer than to collect the tribute, they go to and live in them at many other times. This proves a great burden to the Indians, because of the annoyances, and the requirements of services and contributions with which they afflict them, and which constitute the only purpose of their going.
124. At other times they send collectors, who are very unworthy and have no compassion on the cause of the Indians, whom they afflict and maltreat worse even than do their masters, and do them more harm. In most cases, these collectors are not approved by those in authority, nor do they, bear permission from them.
125. They dispute and quarrel with the magistrates on slight pretexts, and incite their Indians not to obey them or listen to their summons. This they do quite commonly, whenever they fail to find the judges unwilling to shield them in whatever they choose to do in their encomiendas. If they act in harmony, it generally means more injury to the wretched Indians.
_The royal estate_
126. These encomenderos conceal in great part the amount of the tributes collected by them, and show only partial lists of the collections. Usually they retain the amount in their own hands for a long time, before bringing it to the treasury.
127. The most important thing here is the royal treasury, for on it all the people of the islands depend; yet it receives the least care and the poorest management.
128. There is little thought given to ensure its increase, or to prevent its decrease. There has been a great falling off in the matter of tributes, tenths of gold, and other taxes that belong to it. Some excellent provisions for its management were ordered in the past, but are neither carried out nor even considered.
129. The royal officials have no statutes for their guidance, beyond some decrees of the governors, which do not cover all the requirements of their offices.
130. The royal books are not kept with the requisite clearness and system. Entries are not set down with exactness, or at the right time. The officials commonly use loose memoranda, which may give rise to much loss, although it may not be fraudulent.
131. All the officials do not go over the work. On the contrary, many different matters are put in charge of one alone, such as the collections of the duties and other things, account of which is rendered to the treasury after a long time. In the meantime the treasury is the loser.
132. The officials very often receive royal property at their residences without passing it in to the treasury. They use it to suit themselves.
133. The notary of the exchequer is not present when money is paid to or from the treasury, and it is done without him, contrary to his Majesty's commands. This may give opportunity for wrong and fraud.
134. In order to accommodate individual debtors to the treasury, orders and notes are often received on account for the payment, and then they try to realize on them.
135. They have been seen to receive into their houses, from collectors and others who were bringing goods to the treasury, great amounts thereof, which they employ in their own affairs and needs, not depositing them in the treasury for a long time.
136. They have used the royal tributes of rice, wine, gold, and cloth in the same way.
137. The royal warehouses were entirely under the control of the factor for a long time, with less assurance of safety than if they were under the control of all three officials. Some time ago, they were put under control of all three, but these have entrusted the keys to three servants or followers. This arrangement, far from increasing the royal estate, is an excuse for them to draw pay from the royal treasury; and it does not satisfactorily fulfil the royal intention--namely, that these officials should carry the keys on their own persons, in order to avoid all damage and loss to the royal stores.
138. There is little interest taken in selling and administrating the goods in the storehouses before they are spoiled, as has been the case with much of their contents.
139. The timely use of rice and other supplies, and the cutting of wood for the ships is not considered. This necessitates greater cost and damage afterwards.
140. In the expenditure for repairing ships and other royal vessels made in Cavite, there has been spent much more than appears by Master de Ribera's statement, which was verified only by his word and oath. This is a very extensive scheme, in which there may have been considerable loss and fraud between the factor and Master de Ribera, because the expense has been very heavy and is not clearly stated.
141. Galleys, vireys, caracoas, fragatas, and other royal vessels have been lost because of inadequate shelter.
142. There are many places in which are employed sailors, gunners, calkers, coopers, and other seafaring men, who are superfluous, unnecessary, and of no service. They create notorious expense and are maintained in these employments on account of being servants, relatives, and friends of those in authority.
143. There are many sinecures and gratuities given by those in authority, which are enjoyed by officials, clerks, officials of the accounts, and royal officials--all without his Majesty's orders and contrary to his intention.
144. Many soldiers enlisted are excused from service for private reasons.
145. There are many more captains and their officers in the camp than is necessary. These cause a useless expense and waste, and this is a matter requiring reform.
146. Many draw salaries as commanders and captains of galleys, when there are no galleys; and some as knights of the city, who do not serve in its defense, and of whom there is no necessity.
147. The governors of the forts of Nuestra Señora de Guia and Santiago draw larger salaries than his Majesty ordered.
148. The consignments made by the king to his treasury are confused with other payments.
149. But little care is exercised in collecting all the royal dues from the vessels coming from España, because they are always laden beyond the appraisal. The same is true in regard to freight and the dues on the money coming from España, more of which always comes than the register shows.
150. The collectors sent to make the collections for the royal treasury and those of the tributes do not usually bring them in promptly; and they perpetrate many frauds and injuries, so that each time the collections are smaller. Sometimes it has been observed that they retain the money collected, and that with the knowledge of the officials themselves, because they are favorites of the latter.
151. Many times they delay making the final account of the debtors to the royal treasury, and fail to collect the balance of their debts, on account of private considerations.
152. There are many old debts that the treasury owes, the payment of which is unavoidably suspended. To cancel these it will be necessary to send to the treasury of Mexico for the deficiency, with the required authorization.
153. Likewise, as the salaries and expenses have already accumulated to a considerable sum, we must perforce send, each year, to the said treasury of Mexico for the means to pay it all when due.
_The navigation to España_
154. The giving of positions on the trading ships of the Nueva España route is a great detriment to the country. In the first place this advantage is enjoyed by those who have not served in this land, thus depriving of it those who have served.
155. As persons who have no compassion on the citizens of this country, they busy themselves only for their own interests, and not for the good of the country.
156. Many of those in the naval and military service come here who are useless and troublesome. This is a great expense to the king, and all to no purpose.
157. The soldiers come naked, unarmed, and starving, because their captains have only tried to cheat them.
158. The ships return loaded with the investments of the officers of the ships. Besides their own goods, they have been entrusted with large commissions and trusts in Mexico, which they execute and fulfil to the great deprivation of this country. They receive excessive salaries all the time until their return to España, which might be dispensed with if they were officials of these islands.