The purpose of the residencia was to uphold the morale of colonial service by making officials answer for all their acts in a judicial examination held at the close of their terms. It may be said that the fear of the residencia was almost the sole incentive to righteous official conduct or efficient public service, and it will be seen that the audiencia exercised very pronounced authority in this. Indeed, the audiencia had general supervision in a semi-judicial capacity over the services of officials and public servants in the colonies. It was the function of the audiencia to send reports to the court relative to the conduct, work, or attitude of any employee or official of the government, or of any resident of the colony. These reports were known as informaciones (pareceres) de servicio. The findings of the above inspections might be reviewed by the audiencia and lead to the suspension and dismissal of the official under investigation. Suspensions from office were made by the governor with the advice and consent of the audiencia. The governor had the legal right to make temporary removals, but on account of the seriousness of such an act, and the considerations depending upon it, he usually preferred to have the support of the magistrates in the matter. The governor, as vicepatron, could suspend prelates and other church officials, but he seldom, if ever, exercised his powers to the full extent. The audiencia at Manila, on the other hand, actually drove the archbishop from the city on various occasions. The suspension and the removal of members of the ordinary clergy from their districts was a frequent occurrence, but churchmen were not subject to residencia. The audiencia had no authority to suspend or remove the governor, though the magistrates could and frequently did bring charges against the governor which led to his dismissal. Governors actually suspended and removed oidores at Briefly, the procedure in making these removals was as follows: the governor and audiencia investigated the conduct of an official whenever circumstances demanded it; the latter was either suspended and recommended for removal, such recommendations being made by the audiencia to the governor or to the Council of the Indies, according to the rank of the official, or the tribunal could make the removal itself. Of the various authorities at our disposal, Bancroft gives the most acceptable characterization of the residencia. He defines it as an examination held, or an account taken, of the official acts of an executive or judicial official within the province of his jurisdiction during the term of his incumbency. This, Bancroft says, was done at the expiration of the term of office or at stated periods, or, in case of malfeasance, at any time. Professor Bourne has written in regard to the residencia: The residencia ... was an institution peculiar in modern times of the Spanish colonial system. It was designed to provide a method by which officials could be held to strict accountability for all acts during their term of office.... To allow a contest in the courts involving the governor’s powers during his term of office would be subversive of his authority. He was then to be kept in bounds by realizing that a day of judgment was impending, when everyone, even the poorest Indian, might in perfect security bring forward his accusation. In the Philippines the residencia for a governor lasted six months and was conducted by his successor and all the charges made were forwarded to Spain.... The Italian traveller Gemelli Careri who visited Manila in 1696 characterizes the governor’s residencia as a “dreadful Trial”, the strain of which would sometimes “break their hearts.” Professor Bourne stated that it was the opinion of De Pons that “the severities of the residencia could be mitigated, and no doubt such was the case in the Philippines. By the end of the eighteenth century the residencia seems to have lost its efficacy.” It is important to note at the outset that the residencia was not conducted periodically alone, but that it might be held at The distinction which has been made here between the formal residencia which occurred at the close of the term of office and the pesquisa which might take place whenever serious charges were made, was first emphasized in laws promulgated by Charles V in 1538, and by Philip II in 1591; these aimed to put a stop to the excesses of certain governors, corregidores, and ministers of justice, who, relying on the practice then prevailing of taking residencias only at the close of the official term, had committed unlimited excesses. The new laws, above referred to, stated that although it had never been the royal wish that residencias of royal appointees should be taken without notice having been sent first to the monarch, the above circumstances had made it necessary for them to be taken when charges were made. This cÉdula, therefore, authorized the taking of residencias whenever the best interests of the service required it. This cÉdula was followed by another which forbade the sending of special investigators or judges of residencia against governors of provinces, unless persons of responsible character presented charges against them, giving bonds to cover the costs. An investigator was thereupon sent to conduct the trial of the The authority to determine whether cases merited investigation or not and whether an inquiry should be made, belonged to the acuerdo, while the designation of the judge rested with the governor. The oidores, it seems, did not always act as impartial judges when entrusted with these investigations; they were It is always to be believed that the auditors (oidores) to whom the inquiries are entrusted, ought to make them, not only as judges, but as interested parties, so that sinister inquiries should not be sent to your Majesty’s royal Council to defraud your royal treasury and the merits of those who have served well. I assure your Majesty that I have heard that many inquiries have been made with less justification than might be advisable. A typical illustration of the jurisdiction of the audiencia in an investigation of this sort, and of the delay to which the minor officials were subjected, is shown in the case of Antonio Pimentel, governor of the Marianas, Owing to the death of Governor LizÁrraga, to the imprisonment of Oidor Villa, and to the state of anarchy surrounding the administration of Torralba as governor, Pimentel was forced to languish in prison several years while he waited residencia. The appointment of LuÍs de Tagle as his successor and judge of residencia was dated June 25, 1717. This occasion was one on which the successor of a governor took his predecessor’s residencia, owing, the commission said, to the distance and the irregularity of communication between Manila and Guam. A letter of the audiencia, dated August 9, 1718, advised the governor that there were 427 unfinished cases on the docket of the tribunal, and chief among those that ought to be decided without delay was the review of the residencia of Pimentel; it was added that there seemed to be no prospect that a boat could get to Guam before 1719. The record of the termination of this case probably reposes somewhere in the archives, tied in an aged, yellow packet, bound by Spanish red tape. In summary, it may be said that there were two kinds of investigations of official conduct, one taken at the completion of the regular term of office and the other at any time when the needs of the service required it. They both had the same ultimate purpose of holding officials responsible for misconduct Practically all of the colonial officials were subject to residencia. The most sensational and widely known residencias were, of course, those of viceroys and captains-general, but oidores, treasury officials, encomenderos, alcaldes mayores, corregidores, admirals, generals, captains, and constructors of galleons were likewise examined in this way. Much contradictory legislation appears in the laws of the Indies relative to the method of taking residencias; this due to The first residencia to be conducted in the Philippines in accordance with the new law of November 28, 1667, was that of Governor Salcedo, in 1670. This governor had been removed by the commissary of the Inquisition on October 10, 1668, and Francisco Coloma, the decano, was ordered to take his residencia. The audiencia suspended the proposed action of Coloma, pending the reply of the Council of the Indies. In addition to the protest of the audiencia, the fiscal, on May 20, 1670, sent a report of the case to the court, which act was in fulfillment of his regular duties as fiscal, as prescribed by the laws of the Indies. The laws provided ample opportunity for appeal in cases of residencia. The cÉdula of November 17, 1526, ordered that appeals might be made to the Council of the Indies from judges of residencia in cases involving liabilities in excess of 600 pesos. Philip IV initiated further reforms in regard to appeal in 1636. Ordenanza LVI, promulgated at that time, provided that “the said Council [of the Indies] may only have jurisdiction over the visits and residencias of the viceroys, presidents, oidores, and officials of our audiencias and accountants and officials of the tribunals of accounts, officials of the treasury and those of the governors provided by the Council with our titles.” Officials were usually obliged to submit to residencia before leaving the colony, also before their promotion to higher posts. The judges of residencia who served as such in addition to their regular duties, received an additional compensation which varied according to the place where the residencia was held, its distance from the capital, and other circumstances. A detailed survey of the governor’s residencia in the Philippines would illustrate the influence of the audiencia in such investigations. Unfortunately the story would be long and little space remains for such a purpose. During the first two centuries of Spanish rule in the Islands the residencias of the governors were especially stringent, many of these officials suffering deprivation of office, imprisonment, and exile. The The factors of petty spite, malice, and personal ambition entered to an extensive degree in the rendering of testimony at a residencia. A governor, recently arrived in the colony, would be full of zeal and ardor to inaugurate a successful administration, and make a good record for himself. The first duty that presented itself on his arrival was that of taking or supervising his predecessor’s residencia. Frequently, before arriving at Manila, the new governor would be in full possession of a complete record of the misdeeds of his predecessor, and the residencia of the latter was as good as taken. While as a rule the residencias of governors were severe, due largely to the presence of the audiencia, that of Dr. Sande, the first governor to submit to this investigation, illustrates the evils of the residencia as conducted before the establishment of the audiencia. His successor, Governor Ronquillo de PeÑalosa, conducted Sande’s residencia and sentenced him to pay a heavy fine, but he appealed the case to the Audiencia of Mexico, by which tribunal, in the meantime, he had been commissioned oidor. We have noted in an earlier chapter Ronquillo’s comments on the abject state into which the administration of justice had fallen when a man could be promoted to a magistracy in a tribunal which had jurisdiction over his own case on appeal. We may briefly note a few of the most severe residencias in which the influence of the audiencia told against the victim. In 1625, GerÓnimo de Silva, temporary governor, was imprisoned by the audiencia because he failed to pursue the Dutch after their defeat in 1617. The real difficulty lay in the fact that Silva had incurred the enmity of the senior oidor, who ultimately conducted the residencia, because Silva’s arrival in the Islands deprived that magistrate of the command of the military and naval forces of the Islands. Again, Governor Corcuera, after nine years of very successful rule, during which he distinguished himself in several campaigns of conquest and incidentally aroused the hostility and jealousy of the oidores, was arrested on charges made by the audiencia on the arrival of Governor Diego Fajardo in 1644. An oidor, who was the personal enemy of Corcuera, was designated to conduct the residencia, the ex-governor was fined 25,000 pesos and was imprisoned five years while the magistrates of the audiencia delayed the transmission of the papers which permitted a rehearing of the case. At last his defense was sent to the Council, the fine was remitted, he was given salary for the period of his exile, and the post of governor of the Canaries was conferred upon him. Although the audiencia was responsible for the injustice in this case, Fajardo, as president and governor, was held answerable in his own residencia for his conduct toward his predecessor. Governor SimÓn de Anda y Salazar, one of the most successful governors the Islands had ever known, was made to suffer from the personal malice of the oidores when he gave his last residencia in 1776. Governor JosÉ Basco y Vargas, another very efficient governor, Aside from the above brief references to notable cases in which the audiencia exercised jurisdiction over the residencias of governors, allowing itself to be influenced by considerations other than those of justice, it seems desirable to review in detail at least one case of the residencia of a governor, to show more particularly just what authority was exercised by the tribunal, and just how that authority was exercised. We may select for this purpose the residencia of Governor Felix Beringuer de Marquina, which was the last to be conducted under the old laws, and the last, accordingly, of the severe residencias. AmparÁn was commanded by the royal order above-mentioned to remove Marquina to some spot outside Manila where he could not interfere with the residencia, but whence he could be summoned at any time, to give testimony in his own behalf. In compliance with these orders Marquina was relieved of his office in September, 1792, and was sent to Laguna de Bay, about thirty miles from Manila. After five months’ delay, the investigation was inaugurated and it was concluded by July 22, 1793, but Aguilar, the new governor, intervened and suspended the sentence on the ground that Marquina had not been given sufficient opportunity to defend himself. Up to this time Marquina had not testified directly. Aguilar ordered that the ex-governor should be brought to Manila and that a lawyer should be appointed for his defense. This was done and the charges which had been made against him were duly answered. This evidence could not be incorporated in the official papers of residencia, for they had been finished and closed by the regent, but it was forwarded to Spain under separate cover. The official papers of Marquina’s residencia, as formulated by the regent of the audiencia, arrived before the Council of the Indies in due time, together with Marquina’s defense which In the ultimate judgment Marquina was pronounced guilty of many offenses in addition to those mentioned in the charges previously outlined. He had shown favoritism in the dispensation of official favors; he had authorized the expenditure of public money for private ends; he had neglected defense and agriculture; he had been negligent in the supervision of the various departments of real hacienda and particularly of tobacco; he had infringed on the jurisdiction of the royal audiencia. He had indulged in private trade and had granted special favors to foreign merchants. The regent fined him 40,000 pesos outright and, moreover, he was condemned to pay into the royal treasury an additional fine of 16,000 pesos to cover certain illegitimate profits made through granting unlawful trading concessions to an Armenian merchant. This sentence was not executed immediately, as it Marquina’s trial illustrates all the characteristics, the delays, terrors, and ramifications of a typical residencia of the seventeenth and eighteenth centuries. Continued complaints against him caused Marquina’s residencia to be taken before the expiration of his official term. The regent of the audiencia was commissioned by the court to conduct the investigation because Marquina’s successor had not arrived. That magistrate was prejudiced against Marquina on account of having witnessed the governor’s continual malfeasance in office. He was unable to conduct an impartial investigation, and the audiencia, likewise prejudiced, would not intervene in behalf of the ex-governor. The wrongs done to Marquina in his trial The above method of conducting residencias of governors, presidents, viceroys, and superintendents was modified, as already mentioned, by the reform of August 24, 1799. The new law provided that the court, instead of the new governor, should appoint the examining judge. The latter was no longer empowered to pronounce sentence of any sort. He was only to conduct the investigation in the future, remitting the autos of the case to the Council of the Indies for final determination and sentence. We shall now examine more particularly the jurisdiction of the audiencia over the residencias of minor officials of the colony. It has already been pointed out that the residencias of provincial judges and governors, alcaldes ordinarios and reales oficiales were taken by judges appointed by the president of the audiencia, with appeal to the tribunal. These cases, under certain circumstances, might be taken on second appeal to the Council of the Indies. The practice in these investigations may be best understood by noting the development of the law regarding them, for, as we have already noted, the residencia was the product of years of administrative experience, during which various methods were tried, and rejected or adopted as they were found respectively inadvisable or efficacious. The earliest cÉdula on the subject, that of November 17, 1526, ordered that the audiencia should try all appeals from judges of residencia, wherein the amount involved did not exceed 600 pesos. A law of Philip II, dated 1563, forbade viceroys, presidents, and audiencias from sending judges of residencia or other investigators against judges of provinces, unless complaint had been lodged against those officials by a person willing to post bonds and pay the costs in case the charges proved to be false. The cÉdula of September 3, 1565, laid down the principle that the residencias of officers appointed by viceroys and presidents The laws of June 3 and June 19, 1620, provided that the governor and audiencia should decide in acuerdo whether the residencia of a gobernador, corregidor, or an alcalde mayor should be taken. Neither the governor nor the audiencia was to have complete authority in the matter, but each should participate, the audiencia assisting in the decision as to whether the case merited investigation and the governor making out the commission and appointing the judge if an investigation were An illustration of the intervention of the Council of the Indies in residencias of alcaldes mayores is shown in the case of Josef Tormento, alcalde of Caragara. On June 6, 1786, he was sentenced in residencia to a pecuniary penalty, perpetual deprivation of office, and two years’ exile from Manila. This sentence was confirmed in review by the audiencia on October 8 of the same year. The Council modified this sentence, however, approving the fine, but cancelling the other provisions. Although the cÉdula of August 24, 1799, gave the audiencia the right to conduct the residencias of corregidores and alcaldes mayores, this case involved certain interesting features which should be pointed out in this connection. In the first place, it shows the manner in which the Council of the Indies exercised ultimate authority in matters of residencia. Again, it reveals the influence which the fiscal and even the governor might have in determining whether suit should be brought, The practice of granting jurisdiction over the residencia of an official to the authority that appointed him seems to have been followed repeatedly. This principle was enunciated in the cÉdula of August 20, 1758, but on August 8, 1764, a royal decree authorized viceroys and presidents to name judges of residencia for all officials holding royal appointments, with the condition that the autos should be forwarded to the Council of the Indies. This law was repealed on April 23, 1769. The cÉdula of August 24, 1799, which has been mentioned several times in this chapter, was a reform of the greatest importance in the history of the residencia. Prior to its promulgation, all officials had to give residencia, but this law abolished that universal requirement. It provided that residencias of corregidores, alcaldes mayores, and subdelegate-intendants should be taken only when charges had been made against them. This might occur at any time during their term The length of time consumed in all residencias except those of viceroys was limited to four months. The period allotted for these investigations was divided into two parts. If the judge were taking a residencia in the provinces he was frequently delayed in arriving at his post of duty, owing to the pressure of other business, or to the uncertainty of transportation facilities. In that event, he could not open the judicial investigation until the allotted period had almost transpired. In the trial, two distinct lines of investigation were usually The judge of residencia would seem to have been well occupied during the time that he was conducting the investigation. He received and reviewed all charges made. In addition to auditing the records of the office, he had to pursue inquiries as to the truth of these charges. He examined witnesses both for and against the defendant, and was supposed to give the official under investigation every opportunity to defend himself. He was relieved, however, of the trouble and responsibility of checking up the financial accounts of the official under residencia. This important matter was turned over to the treasury officials, who ascertained shortages, and held the bondsmen of the official under investigation responsible. After all the evidence had been taken and the case had been duly tried, the judge of residencia was authorized to render sentence. Sentences were executed by the examining judge if A thoroughly typical case, illustrating all of the ramifications of a provincial official’s residencia, was that of Francisco FernÁndez ZÉndera, alcalde mayor and military captain of the province of Ilocos. After ZÉndera had occupied his post three years, complaints against him were brought to the attention of the fiscal. In his capacity as prosecuting official and as protector of the Indians, he made a motion before the audiencia in acuerdo, that a judge of residencia should be sent to conduct an investigation The audiencia and the governor, in acuerdo, having taken note of these charges, commissioned Angel Moguel, chief secretary of the government, to conduct the residencia of the alcalde. Moguel was put in possession of the necessary documents and departed at once for VigÁn, the head city of the province. On November 7, 1782, he posted notices to the effect that ZÉndera’s residencia was to be taken, calling on the residents to make formal charges against him. Moguel suspended ZÉndera from office and accepted 20,000 pesos from two of his friends as bonds to cover the residencia, this sum offsetting the valuation of the properties for which ZÉndera was responsible. These were additional to other bonds which ZÉndera had posted on his accession to office. For some unassigned reason, only twenty-five days were allowed for the filing of complaints, but during this time eighty-eight charges were made, most of which were variations of those mentioned above. ZÉndera was said to have been uncompromising in his administration of justice; he had imposed excessive fines; he had imprisoned the natives without giving them opportunities for defense; he had refused to allow them ZÉndera was found guilty of almost every charge made against him. The sentence of residencia was pronounced by the judge commissioned for the purpose on August 13, 1782. The defendant was fined 8000 pesos and sentenced to deprivation The cÉdula of August 24, 1799, already referred to, greatly altered the applicability of the residencias to provincial as well as insular officials. Its greatest importance was due to the fact that it authorized investigations of corregidores, alcaldes mayores, and sub-delegate intendants only when charges were made against them; otherwise it was assumed that their official conduct had been satisfactory, and accordingly no residencias were held. Before the officials could be transferred to The cÉdula above referred to abolished the residencias of tenientes letrados, alcaldes ordinarios, regidores, clerks, procurators, syndics, alguaciles, and other minor officials. In place of the formal investigation and judgment after the term of office was completed, the audiencia was given more complete control over their official acts, with the duty of seeing that justice was administered, jails inspected and kept clean, prisoners Although the reform of August 24, 1799, recognized the residencias of alcaldes mayores, tenientes, and corregidores, merely transferring jurisdiction over these to the audiencias, it would seem that this investigation retained less of its former severity from this time onwards. In fact, some authorities infer that the residencia was abolished after 1799. The audiencia also had jurisdiction over the residencias of galleon officials. These had to submit to residencia at the termination of each voyage. An oidor was designated by the governor for the inspection of the ship, for the examination of its papers, for the consideration of complaints against the officers of ill-treatment of passengers and crews during the voyage. In pursuance of this authority, Magistrate Torralba was commissioned in 1710 to take the residencia of the officers of the galleon “Nuestra SeÑora del Rosario y San Vicente Ferrer”, which was wrecked in the Straits of San Bernardino on the voyage from Acapulco in 1709. The various laws and cases which have been cited in this chapter show that the trial of residencia of captains-general, treasury officials, oidores, intendants, alcaldes mayores, and alcaldes ordinarios was a judicial function over which the audiencia had a large share of authority. It is safe to say that no residencia was ever taken in the Philippines, after the audiencia had been established there, in which that tribunal did not exercise some degree of authority. As the laws and regulations of the residencia varied at different times, the extent of the jurisdiction of the audiencia in this matter was not always the same. The audiencia either assisted in the examination of the charges or in the designation of the judge. The magistrate selected was usually an oidor. Oidores were liable to designation to conduct inquiries, and the audiencia, as a tribunal, tried these cases in review. The tribunal exercised supervision over the work of the investigating judge. The case was either finished in the audiencia, or reviewed there and appealed to the Council of the Indies through the action of the audiencia. The Council of the Indies was the supreme arbiter in all cases, prior to 1799. Subsequently the Council, or the Supreme Tribunal of Justice after 1834, retained final jurisdiction over the residencias of the higher officials only. In the residencias of provincial or local officials the jurisdiction of the audiencia was final. Dr. James Alexander Robertson, in his article on “Legaspi and Philippine colonization” (see American Historical Association, Annual report, 1907, I, 150 and note), characterizes the laws of the Indies as “that mass of contradictory legislation,” largely “ecclesiastical in tone,” ill-digested, and “utterly at variance with one another.” Dr. Robertson also states that “it is from a too close following of these laws and a too great neglect of actual conditions that writers on the colonial policy of Spain have at times fallen into error.” On the other hand, it may be said, that not enough use has been made by modern writers of the laws of the Indies, and there is need of such investigation as will test that oft-repeated statement that the laws of the Indies were not enforced. Up to the present, Latin American scholarship has been content with a rehashing of Helps and Prescott, for the early periods, omitting the seventeenth century and the greater part of the eighteenth altogether, and fixing on Juan y Ulloa, Robertson, and Humboldt as the great all-determining authorities for the latter periods of Spanish colonization. These, indeed, have been supplemented by a few ecclesiastical histories, each of which has been written to prove a particular thesis. The present writer dares to believe, after some attempt to harmonize the laws of the Indies with actual practice, that these laws were actually used as a basis of colonial government, and that, while not always effectively enforced, they were by no means a dead-letter until Spain actually lost her colonies and are not today, for it is easy to see in the laws of the Indies the fundamentals of the institutions of present-day Spanish America. Desdevises du Dezert, in his article on “Vice-rois et capitaines gÉnÉraux des Indes espagnoles” (Revue historique, CXXV, 241), shows that Marquina continued his peculations while viceroy of New Spain, engaging in the smuggling trade with Jamaica, and enriching himself to the extent that in thirty-two months he was able to send twelve million pesos on his own account to Spain. Desdevises du Dezert inadvertently refers to Marquina as having come from the Marianas to Mexico. He came from the Philippines and not from the Marianas. It was also charged that he had allowed cock-fights whenever requested, instead of restricting these to holidays and Sundays as the law prescribed. On these occasions he collected two reales from each entrant, and in addition he took the slain birds, alleging that they were for the consumption of the inmates of the provincial prison. Testimony was produced to show that the prisoners had never eaten fowl. The eminent authority, Manuel BernÁldez Pizarro, writing from Manila on April 26, 1827, deplored the laxity which was characteristic of the method of conducting trials of residencia, and recommended that they be made more effective and just. He criticized especially the prevailing system of holding the alcaldes mayores to a strict accountability; who, he wrote, “as they have permission to trade, are more tempted to evade or infringe the laws; and many persons are appointed to that office ‘who lack all the qualifications necessary for any public office whatever,’ ... not only have they used their authority to possess themselves of the property of the Indians ... and defrauded the Indians with unjust exactions; but they have humiliated the religious, stolen moneys from the king ... [and] have thrown the provinces into a condition of effervescence and of conspiracy against the government.” (Blair and Robertson, LI, 212, 212–213.) Pizarro recommended a more stringent residencia as a means of remedying these defects. |