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L'?tat conserverait les b?timents de S?vres. Il y logerait une ?cole professionnelle ou des instituteurs, ? son gr?, et l'Am?ricain vendrait ? l'univers des S?vres authentiqu?s par la marque officielle. Ce serait donc profit pour notre budget qui a besoin de secours et pour le Yankee monnayant ainsi un peu de notre vieille gloire.

On a refus?. Jusqu'? pr?sent on persiste ? trouver que le luxe est aussi la d?coration des d?mocraties, et S?vres, comme Beauvais, comme les Gobelins, comme l'?cole des Beaux-Arts, r?siste encore aux assauts. Mais il faut se h?ter ou se raidir si l'on veut persister dans ce qui fut l'attrait et la s?duction de la France. La mort de Deck va tout remettre en question. A quoi bon chercher un directeur nouveau quand il serait si simple de supprimer le directeur en supprimant la manufacture? Le mus?e resterait, et encore! L'Am?rique pourrait aussi nous l'acheter. O Champfleury! que tu as bien fait de pr?c?der le pauvre Deck!

Mais, d'ailleurs, qu'on attaque ou qu'on d?fende S?vres, les choses qui doivent arriver n'en arrivent pas moins ? leur heure, et, pour peu qu'on ait v?cu, quelque parisien qu'on soit, on devient quasi-mahom?tan. Ce qui doit ?tre arrive. Il en est de nos opinions comme de ces discours officiels qu'on entend aux gares et aux banquets, en voyage. La fum?e du chemin de fer ou celle des repas les emporte. Et, comme disait le bon Th?ophile Gautier:

Cela vaut bien l'optimisme, par Allah! de M. Renan.

Rastignac.

LES PARLEMENTS ?TRANGERS

GR?CE

Commenc?e en 1820 par le soul?vement des Souliotes, l'insurrection des provinces grecques contre la domination turque se propagea avec rapidit? l'ann?e suivante, et le 7 juin 1821, le S?nat du P?loponn?se proc?dait ? my viceroy and captain-general" and that of the latter being "my governor and captain-general." Not all governors were captains-general.

The viceroys in the larger divisions and the captains-general in the smaller ones represented the king as head of the church and state in their several districts. Because these officials were so powerful and their duties so multitudinous, they came into contact with every department of the government. The audiencias came into relation with these officials most frequently. It is therefore necessary to study the governor and captain-general first from the viewpoint of his position as chief executive of the colony and as representative of the king. The frequency of their relations and the identity of their spheres of authority suggest that we give attention to the conflicts of jurisdiction of the governor and audiencia; finally, we shall take note of the occasions on which the audiencia assumed the government on the event of a vacancy, noticing the laws authorizing such action and the principles underlying them.

The importance of the church in the Spanish colonial system has already been alluded to. The extent of its power and the frequency and importance of its relations with the audiencia demand considerable attention. After studying the general phases of the relations of the audiencia and the church, we shall see that the tribunal exercised ecclesiastical authority of a very pronounced character. This power it derived from two sources: first, from the authority that was entrusted to it by virtue of the royal patronage; second, from its status as a court of justice with jurisdiction in ecclesiastical affairs similar to that which it had as an ordinary tribunal of justice. The above is an outline of the plan of this book.

That which impresses the modern student most with regard to Spanish administrative machinery was its failure to effect deliberately the division of powers which, with our traditions, we consider essential to a well-balanced government. The terms "executive" and "judicial" are employed in this book, as they were in Spain's colonies, to designate functions rather than departments. The viceroy, as president of the audiencia, had cognizance of certain judicial matters, and more or less participation in them, though he was forbidden to act as judge, especially over affairs in which he had already officiated as executive. The audiencia likewise shared many executive functions, yet it was not judge of its own acts, for when judgment was passed on the administrative acts or judicial pronouncements of an oidor, either on appeal or by review of sentence, that magistrate was expected to retire, or to be occupied with some other case. So, while there was no judicial department with solely judicial functions, or a legislative or executive department, as they are known in some modern states, there existed certain interrelations which did not entirely result in confusion, as one might suppose. On the contrary, it may be often noted that as a resultant of this system, men and acts of an exceedingly well-balanced and statesmanlike character were produced. We shall see, moreover, that they were far from meriting the disapprobation that is frequently heaped upon so-called Spanish governmental incapacity.

The defects which appear so conspicuous in Spanish administration were largely due to the extremely methodical turn of the Spanish official mind, the vastness of the empire which was to be governed, and the lack of facilities available for efficient administration. It was a government of expedientes, literally a government on paper. All acts, estimates, budgets, and plans had to be drafted and written out, duplicates and triplicates of each report had to be made, advice had to be taken, and opinions rendered, whether the matter went any further than the theoretical stage or not. We do much the same in our modern age, but inventions and labor-saving devices have fortunately spared us much of the time and effort which a few centuries ago had to be expended to accomplish proportionate results. The apparent unwieldiness of the Spanish colonial empire would have been materially reduced by the use of the telegraph, cable, steamship, typewriter and carbon-paper.

In the preparation of this work due deference has been paid to the standard authorities usually cited by writers of Spanish-American history. So little attention has been given by students of Spanish colonial history to the audiencia as an institution, however, that the present writer has been obliged to depend almost entirely on the hitherto untouched documentary material in Spain and the Philippines, and to place almost his sole reliance upon it. This material consists of laws, c?dulas, royal orders, ordinances, correspondence, and lastly, but most important, records of cases and actual happenings in the form of letters, memorials, reports, complaints and contemporary accounts. These latter convey, as nothing else can, an idea of how the laws were carried out, what was their effect, what part the audiencia played in the interpretation and execution of the law, and the relations of the tribunal to the other authorities and institutions of government. Of this sort of material there is much, and in its light the history of the Spanish colonies and of their institutions yet remains to be written.

THE AUDIENCIAS OF THE SPANISH COLONIES

The Spanish system of colonial administration was an adaptation beyond the seas of fundamental administrative, judicial and ecclesiastical institutions and principles which had grown up and had proved serviceable throughout a long period of successful use in Spain. As the audiencias and their allied officials had shown themselves to be efficient as agencies of centralization in the isolated provinces of Spain, so they were utilized, by the organization which they effected, to bring the colonies nearer the mother country. When Spain was confronted with the necessity of governing her vast empire, it was natural that she should profit by her former administrative experience, and make use of those institutions of government which had proved successful at home.

The purpose of the present chapter is to emphasize the fact that, these institutions which had served in Spain, and were still in process of development there, were utilized in all of the colonies. The Philippine audiencia, which will be more particularly studied in subsequent chapters, was not a rare and isolated exception, but rather an integral part of a great administrative system. This will more clearly appear from a sketch of the early development of colonial administration.

In accordance with the terms of the concession made by the Catholic Monarchs at Santa F? on April 30, 1492, Columbus was given the title of "Admiral, Viceroy, and Governor of the Undiscovered Lands and Seas of the Indies." He was likewise entrusted with the duty of proposing three candidates for the government of each colony, and from these three names the king was to select one. It was further provided that the alcaldes and alguaciles for the administration of justice should be named by Columbus, and that he should hear appeals from these minor judges in second instance. This is a brief outline of the first government and judiciary provided for the New World. It is improbable that this arrangement was the product of any great amount of study or reflection. It was formulated before the New World had even been discovered, and this scheme, as well as the conditions of commerce and tribute which went with it, were largely proposed by Columbus, and acceded to by the Catholic Monarchs without anticipation of the tremendous consequences which were to come from that voyage of discovery and those which were to follow it.

When Columbus undertook his second and later voyages the Catholic rulers began to modify the conditions of the original compact by sending royal representatives with him to take account of his expeditions. The difficulties which Columbus had in the government of his West Indian colony are too well known to be more than referred to here. Through the influence of Fonseca, and the gradual realization of the tremendous size and importance of the new dominions, the rulers of Spain began to feel that a mistake had been made in granting to this Genoese sailor and to his heirs the complete proprietorship and government of this distant empire. The abrogation of the contract was a natural consequence. It was the repudiation of a colonial system which had been created in the dark, and formulated without a knowledge of the conditions and problems to be met. Such an arrangement was foredoomed to failure, and if the colonies were to be administered successfully, reform was necessary.

In 1507, the towns of Espa?ola petitioned the king for the same privileges and forms of government as were possessed by the towns of Spain. The request was granted, and municipal rights were bestowed upon fourteen towns. These concessions included the privilege of electing their own regidores and alcaldes ordinarios and the rights of local legislation and administration of justice. The principle was subsequently enunciated that,

inasmuch as the kingdoms of Castile and of the Indies are under one crown, the laws and the order of government of one should be as similar to and as much in agreement with the other as possible; our royal council, in the laws and establishments which are ordered, must strive to reduce the form and manner of their government to the style and order by which the kingdoms of Castile and Le?n are governed and ruled, to the extent that the diversity and difference of the lands and nations permit.

In 1511, a tribunal of independent royal judges was constituted in the colony of Espa?ola to try cases appealed from the town magistrates and the governor. This judicial body may be considered as the predecessor of the royal audiencia which was established fifteen years later. The organization and purpose of the tribunal were exactly similar to those of the courts existing in the frontier provinces of Spain before the establishment of audiencias. The chief reason for its creation was the need of checking the abuses of an absolute governor. This tribunal was composed of three magistrates, who were possessed of the licentiate's degree, designated as alcaldes mayores, and appointed by the king. They were empowered to hear and determine appeals from the governor and from his tenientes and alcaldes. These magistrates, acting collectively, became at once official organs for the expression of the needs of the colony in non-judicial matters, frequently presenting memorials to the Council of the Indies independently of the governor. The crown had already assumed direction of the administrative and executive affairs of the colony of Puerto Rico, on August 15, 1509, by naming a special governor for that island. On July 25, 1511, Diego Col?n, son of the discoverer, was named governor of Espa?ola, and of the other islands and of the mainland discovered by his father. This latter act of royal intervention did not confirm, but rather abrogated in practice, the claims of this same Col?n to the inheritance of the provinces which had been given formerly to his father. This act maintained the pre-eminence and authority of the Spanish monarchs in these territories. The further growth and development of the West Indian colonies, and especially the increasing Spanish population, called for the establishment of a more efficient tribunal of administration and justice. This need was met in the creation of the first audiencia in America, that of Santo Domingo, which was established September 14, 1526.

The law, which has been cited already, providing that the administration of the Indies should be patterned in all ways after the governments of Castile and Le?n, shows very clearly the natural influence of the early history and institutions of Spain. The audiencias established in the colonies were at first similar in jurisdiction and organization to those of Spain, which country had already succeeded in governing provinces that were, in effect, almost as isolated and as far from actual contact with the court as were the Indies. The audiencia of Spain had proved of immense value as an agency of direct control. It had been found satisfactory under conditions very similar to those in the Indies, which were not regarded as foreign possessions, but as integral parts of Castile, being the property of the monarchs of that kingdom, and under their personal direction.

Before proceeding with a description of the growth of the audiencia system, it is desirable, first, to note the establishment in Spain of two organs for the administration of colonial affairs. These may be examined here conveniently, because their creation antedated the institution of the audiencia in the colonies. The first, chronologically, as well as in importance, was the Casa de Contrataci?n, which was created January 10, 1503. This essentially commercial body was intended at first to supervise the import and export trade of Spain with the colonies, and to arrange for the sale and distribution of imported articles, concessions of cargo to individuals, the lading and discharging of cargo, and the collection of duties. The functions of this body were soon amplified to the extent that it was given jurisdiction over emigration to the colonies. In 1509 it was granted further authority over certain criminal cases relating to trade, and in 1510, letrados were added to the tribunal of the Casa for the better determination of legal affairs.

As established in 1503, the Casa de Contrataci?n consisted of a treasurer, auditor , and factor. That the institution flourished and increased in importance may be deduced from the reform of Philip II, on September 25, 1583, whereby the above mentioned officials were retained and a royal audiencia was created within the Casa. This was composed of three jueces letrados and a fiscal, besides the numerous subordinate officials who usually accompanied the judicial tribunal. Though at first it exercised some of the functions which belonged later to the Council of the Indies, it came subsequently to be subordinate to that body. It was transferred to C?diz in 1717, and was suppressed by the royal decree of June 18, 1790. its remaining attributions being assumed by the Consulado of Seville.

The beginnings of the Council of the Indies may be noted in the creation of a special committee of the Council of Castile for the supervision of administrative affairs in the colonies. This was eight years after the establishment of the Casa de Contrataci?n, when another need than the purely commercial, for which the Casa de Contrataci?n had served, began to be felt. The inadequacy of the system devised by the Catholic Monarchs at Santa F? had already become evident. The problems of administration in the colonies were making clear the need of a more effective system of regulation. Just as the number of suits to be tried before the old tribunal de la cort del rey had increased to such an extent that the king could no longer attend to them personally, so the problems of administration in the new colonies demanded more attention and regulation than could be provided by the administrative machinery at hand. The functions of this new tribunal, if it may be designated as such at this time, do not seem to have been clearly expressed at first, at least by any law or decree now at hand, but it appears that they were advisory rather than administrative. It soon became evident that a distinction had to be made between the prerogatives of this council and those of the Casa de Contrataci?n. During the early history of these two tribunals there was considerable conflict of jurisdiction between them. It is probable that until the reform of August 4, 1524, was promulgated, active supervision of colonial affairs was maintained by the Council of Castile, both the Casa de Contrataci?n and this new tribunal of the Indies acting under its direction. Charles V gave new life to the tribunal of the Indies on the above date by assigning to it definite legislative and administrative powers, putting at its head Loaysa, the general of the Dominican order and his own confessor. The Council was further modified by Charles V in 1542, and by Philip II in 1571, in the following terms:

It is our royal will that the said council shall have the supreme jurisdiction in all our occidental Indies ... and of the affairs which result from them, ... and for the good government and administration of justice, it may order and make with our advice, the laws, pragmatics, ordinances and provisions, general and particular, ... which ... may be required for the good of the provinces ... and in the matters pertaining to the Indies, that the said our council be obeyed and respected, and that its provisions in all, and by all be fulfilled and obeyed in all particulars.

The Council of the Indies, as established in 1524, consisted of a president, a high chancellor, eight members who were lawyers, a fiscal, two secretaries and a lieutenant chancellor. All these were required to be of noble birth and qualified by experience and ability to carry to a successful issue the high responsibilities which they were called upon to discharge. Besides there was a corps of accountants, auditors, copyists, reporters and clerks. The number of these last-mentioned functionaries was enormous, especially in subsequent years, when correspondence with twelve or thirteen different colonies was maintained.

The Council of the Indies was the high court of appeal to which all cases from the colonial audiencias came for final adjudication. It was, however, not only a court of appeal in judicial matters, but also a directive ministry for the supervision of the administrative acts of the colonial audiencias and executives.

The unqualified success of the Audiencia of Santo Domingo, both as a tribunal of justice and as an administrative organ, led to the general establishment of the institution throughout the Spanish colonial empire. The audiencias which were created in Spain's colonies from 1526 to 1893 follow in the order of their establishment.

Santo Domingo, created September 14, 1526, consisting of a president, four oidores, and a fiscal.

Mexico, created November 29, 1527, consisting of two chambers or salas, a criminal and a civil, a president, eight oidores, four alcaldes del crimen, and two fiscales for civil and criminal cases respectively.

Panam?, created February 30, 1535, with a president, four oidores and a fiscal.

Lima, created November 20, 1542, with two chambers, a civil and a criminal, a president, eight oidores, four criminal alcaldes, and two fiscales, as in Mexico.

Santiago de Guatemala, created September 13, 1543, with a president, five oidores, and a fiscal.

Guadalajara, created February 15, 1548, with a president, four oidores, and a fiscal.

Santa F? , created July 17, 1549, with a president, four oidores, and a fiscal.

La Plata , created September 4, 1559, with a president, five oidores, and a fiscal.

San Francisco de Quito, created November 29, 1563, with a president, four oidores, and a fiscal.

Manila, created May 5, 1583, with a president, four oidores, and a fiscal.

Santiago de Chile, created February 17, 1609, with a president, four oidores, and a fiscal.

Buenos Ayres, created November 2, 1661, with a president, three oidores, and a fiscal; recreated July 2, 1778, when Buenos Ayres was made a viceroyalty.

Caracas, created June 13, 1786, with a regent, three oidores, and a fiscal.

Cuzco, created February 26, 1787, with a regent, three oidores, and a fiscal.

Puerto Rico, created June 19, 1831, to consist of a president, regent, three oidores, and a fiscal.

Havana, created September 26, 1835, reorganized June 16, 1838, to consist of a regent, four oidores, and two fiscales.

Puerto Pr?ncipe, transferred in 1797 from Santo Domingo, reorganized September 26, 1835, to consist of a regent, four oidores, and a fiscal. This audiencia was suppressed and its territory added to that of Havana on October 21, 1853. It was recreated on February 22, 1878, and on May 23, 1879.

Santiago de Cuba, created September 26, 1835, to consist of a regent, four oidores, and a fiscal. This audiencia was later suppressed, and its territory was added to the Audiencia of Havana; it was again reformed and added to Puerto Pr?ncipe on February 22, 1878.

Ceb? , created February 26, 1886, to consist of a president, four magistrates, a fiscal, and an assistant fiscal.

Vig?n created on May 19, 1893, to consist of one chief justice, two associates, a prosecuting attorney, and an assistant prosecutor.

It will be noted that the audiencias of Mexico and Lima contained the greatest number of magistrates. They were divided into two salas, a civil and a criminal, with appropriate judges and fiscales for each. The judges of the criminal branch were designated as alcaldes and not as oidores. These audiencias were at first conterminous in territorial jurisdiction with the respective captaincies-general of those names, but they enjoyed no greater power or pre-eminence before the Council of the Indies than the audiencias of the lesser captaincies-general. In the words of the royal decree of establishment,

there are founded twelve royal audiencias and chanceries ... in order that our vassals may have persons to rule and govern them in peace and justice, and their districts have been divided into governments, corregimientos and alcaldes mayores who will be provided in accordance with our orders and laws and will be subordinate to our royal audiencias and to our Supreme Council of the Indies ... and may no change be made without our express order or that of the Council.

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