Cuba was early divided into two districts under the rule of captains-general, those of Havana and Santiago de Cuba.[31] By cédula of February 24, 1784, Havana was made independent of the Audiencia of Santo Domingo in administrative matters. Aside from the one at Puerto Príncipe, audiencias were not created in Cuba, however, until 1835 and 1838, respectively. Prior to this, Cuba was subject to the Audiencia of Puerto Príncipe, the successor of Santo Domingo, in judicial matters, as the governments in Cuba were military. However, military cases were carried before the captains-general of Havana and of Santiago de Cuba, respectively.[32]
Although all the audiencias had the same rank before the Council of the Indies, both as political and judicial tribunals, those of Lima and Mexico may be said to have been tribunals of the first class, for reasons which we have noted. Indeed, it must be remembered that it was the individual captaincy-general that had an audiencia, whether the captaincy-general happened to be a viceroyalty or not. Judged by the amount of power they exercised, there were three classes of audiencias: those of the viceroyalties, of the captaincies-general, and of the presidencies. On this basis of classification, it may be said that the first-mentioned were the superior institutions. In matters of military administration, the captains-general had the same power as the viceroys, while the audiencias exercised less intervention in the government than in the presidencies. In the latter, the audiencias (and presidents) exercised governmental functions as well as judicial, with appeal to the viceroy. Though they had no military power, and their scope was strictly limited in financial affairs, these audiencias actually governed their districts. This the audiencias of the viceroyalties never did, except when they governed ad interim.
Before proceeding with a study of the powers and duties of the colonial audiencias, it would be well to compare them, as to extent of jurisdiction and authority, with those which were in operation in Spain. Were they equal? Did the colonial institutions, on account of their isolation, exercise prerogatives which were unknown to the tribunals of the Peninsula, or vice versa? These questions were answered by Juan de Solórzano y Pereyra, a distinguished Spanish jurist, oidor of the Audiencia of Lima in 1610, and subsequently councillor of the Indies.[33] Solórzano y Pereyra illustrates fourteen points of difference wherein the audiencias of the colonies exceeded those of the Peninsula in power and authority, in these matters exercising jurisdiction equal to the Council of Castile. This, he said, was “on account of the great distance intervening between them and the king or his royal Council of the Indies, and the dangers which delay may occasion.” Therefore, he said, the audiencias had been permitted many privileges and powers denied to the audiencias of Spain. The most important of these powers were as follows: jurisdiction over residencias of corregidores; the right to send out special investigators (pesquisidores); supervision over inferior judges—seeing that they properly tried cases under their authority, care for the education and good treatment of the Indians in spiritual and temporal matters, and the punishment of officials who were remiss in that particular; the collection of tithes; the assumption of the rights and obligations of the royal patronage, as well as jurisdiction over cases affecting the same, the building of churches, the installment of curates and holders of benefices, and the inspection and possible retention of bulls and briefs.
The colonial audiencias were instructed to guard the royal prerogative, and were authorized to try all persons accused of usurping the royal jurisdiction. They were to see that officials, lay and ecclesiastical, did not charge excessive fees for their services, limiting especially those exorbitant charges which priests were apt to demand at burials, funerals, marriages and baptisms. The colonial audiencias were given supervision over espolios,[34] collecting, administering and disposing of the properties left by deceased prelates, and paying claims of heirs and creditors. Another duty was the restraining of ecclesiastical judges and dignitaries through the recurso de fuerza.[35] This authority had been permitted to the chanceries of Valladolid and Granada, only.
Although viceroys and governors were granted special jurisdiction over administrative matters, they were authorized to call upon the acuerdos[36] of the audiencias for counsel and advice whenever an exceptionally arduous case presented itself. The audiencias were permitted to entertain appeals against the rulings of viceroys and presidents, but these appeals could be carried again to the Council of the Indies. In the same manner that affairs of government belonged to the private jurisdiction of the executive, so did financial matters, according to Solórzano y Pereyra. In these, however, the viceroy or governor was assisted in the solution of perplexing problems by the acuerdo general de hacienda, a body composed of oidores, oficiales reales[37] and contadores. On the death, disability, or absence of the viceroy or governor and captain-general it was ordered that the government should pass under the charge of the entire audiencia. Lastly, Solórzano y Pereyra pointed out that while the sole duty of the Spanish oidores was to try cases, the magistrates of the colonial audiencias were called upon for a number of miscellaneous functions, such as those of visitador, or inspector of the provinces, or of other departments of the government, as asesor of the Santa Cruzada,[38] as inspector of ships, as auditor de guerra, as asesor of the governor, and as juez de las executorías, under commission of the Council of the Indies to collect and remit to the government receiver all money derived from fines and penalties imposed by official visitors (visitadores), judges of residencia, etcetera.[39]
With the exception of the entertainment of the recurso de fuerza, none of the above-mentioned functions could be exercised by the audiencias of Spain. Although the colonial audiencias were to a large extent patterned after those of Spain, they had greater power and exercised more extensive functions almost from the beginning. This was chiefly owing to the added responsibilities of government resulting from the isolation of the colonies and their distance from the home government. The audiencias in Spain remained almost purely judicial. There was no need or opportunity for them to encroach upon the executive, or to usurp its functions, because of the control exercised by its immediate representatives. In the colonies the audiencias were themselves established as the agents of the royal authority, with the special duty of limiting the abuses of the officials of the crown. In this capacity, aside from their customary duties, the tribunals exercised far-reaching authority of a non-judicial character.
It is desirable to point out in this connection that all the colonial audiencias utilized the same law in common. Cédulas, edicts, and decrees were issued to them from a common source, to be executed under similar circumstances, or on particular occasions when local conditions demanded such action. The great code of 1680, the Recopilación de leyes de los Reinos de las Indias, has already been described as containing laws, both general and particular, for the regulation of the colonial audiencias.[40]
In the foregoing paragraphs attention has been directed briefly to the relations of the audiencias and executives with each other, and with the central government. Some notice at least should be given to the means by which the will of the executive and judiciary was enforced and executed upon and in the local units, the provinces and towns. We have already seen that the offices of the corregidores, alcaldes mayores and the alcaldes ordinarios developed in Spain, the first with jurisdiction over the larger districts, the alcaldes mayores over the smaller areas and large towns, and the alcaldes ordinarios in the municipalities. In a general sense, this system was carried into the colonies; the corregidores and alcaldes mayores were in charge of the large provinces and districts, the alcaldes ordinarios were the judges of the Spanish towns.
Much the same intercourse and relations existed between these officials in the colonies as had been characteristic of the similar ones of Spain. But there were some differences: while in Spain the alcaldes were in most cases city judges, subject to the corregidores,[41] in the colonies there was little or no difference between alcaldes mayores and corregidores. They were most frequently appointed by the executive, sometimes independently, sometimes by the assistance and advice of the audiencia, as judges and governors of the provinces, although the laws of the Indies provided for their appointment by the king. The practice developed of designating them locally, and of sending their names to Spain for confirmation. Each alcalde mayor or corregidor resided at the chief town of his province and combined in himself the functions of judge, inspector of encomiendas, administrator of hacienda and police, collector of tribute, vicepatron and captain-general.[42] He was assisted by officials of a minor category, frequently natives, who exercised jurisdiction over their fellows. The law also provided for a teniente letrado to assist the alcalde or corregidor,[43] but in the Philippines there was no such official, except at irregular intervals in the Visayas.
These chiefs of provinces were responsible to the audiencias in matters of justice and to the viceroys or captains-general in administrative affairs. In Indian relations and in questions involving encomiendas they were subject to the executive, who had jurisdiction in first instance, with appeal to the audiencia. The tribunal could grant encomiendas in default of the regularly appointed executive. In financial matters the corregidores and alcaldes mayores were responsible to the executive, but they acted as the agents of the treasury officials (oficiales reales) in the collection of the revenue. In their provinces they supervised the building of ships, the construction of roads and bridges, the repartimientos or polos[44] of Indians, and the planting of tobacco when the tobacco monopoly existed in the Philippines. In these matters they were responsible to the governor, viceroy, or superintendent, and to the various juntas reales and committees, of which at least one oidor was always a member.