The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
The audiencia was required to see that the appointees designated
by the governor duly complied with the requirements of residencia;
likewise that they were properly installed in office, and that they
did not serve in offices for which they had neither authority nor
qualifications. [400] Notwithstanding the variety and the conflicting
character of the laws bearing on matters of appointment, a careful
consideration of law and practice leads to the conclusion that the
governor, as chief executive, had the power of making appointments,
but in the execution of this duty he was ordered to consult the
audiencia, although, strictly speaking, he was not obliged to follow
its advice. If there were good reasons for not appointing an official
recommended by the governor, the oidores could send representations
to the Council of the Indies, setting forth their objections, and the
Council might confirm or nullify the appointment, as it chose. The
audiencia could make appointments if it were in temporary charge of
the government. The authority which the audiencia exercised in regard
to appointments varied according to circumstances. If the governor
were new at his post, weak or indulgent, the audiencia exercised more
extensive authority than was conceded by the laws. If the governor were
experienced, efficient, and a man of strong personality and dominating
character, the tribunal exercised less power in regard to appointments,
and, in fact, in all other matters pertaining to government.
Closely related to the appointing power was the duty which the governor
had of submitting annually to the court a list of all the officials
of the colony, with comments on the character of their services, and
with recommendations for promotion or dismissal from office. [401] The
oidores were included in these reports. [402] It was also the function
of the governor to report on the administration of justice. [403]
The governor was instructed to inform the court in case the oidores
engaged in forbidden commercial ventures, either directly, through
the agency of their wives, or through other intermediaries. [404] He
was authorized, moreover, to investigate and report on the public and
private conduct of the magistrates and of their wives as well [405]
and to exert himself to see that their actions were at all times in
consonance with the dignity of their rank and positions and of such a
character as would reflect credit on the royal name and entitle them to
the respect of the residents of the colony. The confidential reports
of the governor to the king might include all of these matters, and
many others too numerous to mention. On the other hand, the audiencia,
as a body, was authorized to direct the attention of the Council to
any irregularities of which the governor might be guilty, and thus
a system of checks and balances was maintained. [406] However, the
oidores were forbidden to make charges individually. This injunction
Public-domain text, read in full here on John Shaqi.
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