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.[53] Among the offenses which were proved against him was that of exercising prejudice in conducting the residencia of Oidor Villacorta, conducted under his supervision. The residencia had been rigorous, due no doubt to personal enmity between the oidor and the governor, extending over a period of many years. He was also fined 4000 pesos as a price for his excessive zeal in the prosecution of the residencia of his predecessor, Governor Raón, who had friends in the audiencia to defend his memory and champion his cause.[54] Anda was also shown to have absolved certain officials of real hacienda of financial responsibility, permitting them to leave the Islands without the consent of the audiencia. These and other charges proved against him were said to have caused his premature death in 1776.
Governor José Basco y Vargas, another very efficient governor,[55] but one who had been opposed throughout his term of office by the audiencia, was heavily fined in 1787 by the oidor designated to conduct the investigation. The decision of the judge of residencia was reversed by the Council of the Indies, however, and Vargas’ exceptional merits were recognized to the extent of his being appointed to the governorship of Cartagena, with the rank of rear admiral. In taking the residencia of Vargas, the audiencia had disagreed so completely that the tribunal was obliged to resort to the extreme measure of appointing a churchman as arbiter. Fray Gerónimo Caraballo, the curate of Quiapo, was designated for that duty.
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.[56] As governor and superintendent of real hacienda Marquina assumed such power as no other governor had ever exercised. He was opposed at every turn by the audiencia and probably no other governor ever had so many of his measures vetoed or opposed by the home government as he. The fiscal and oidores brought many charges against him; these finally culminated, before the expiration of his term, in the royal order of February 19, 1792, for the taking of his residencia. The regent, Agustín de Amparán, was put in possession of the special charges which had been made against Marquina. According to these the governor had been careless in defending the Islands against the Moros, who had insulted and robbed with impunity the various settlements, with no effort having been made to check their advance. The governor had transgressed in numerous instances the sphere of the audiencia and had substituted his own authority. He was said to have been guilty of immoral relations with certain Spanish women of the colony, having deliberately and maliciously separated an intendant from his wife on one occasion by ordering the former to a post of duty where no woman could go; he had amassed a great fortune through trade and by diverting the proceeds of the royal revenue to his own private advantage; he had permitted merchants to conduct business without proper licenses; he had allowed foreign merchants to remain in Manila under conditions forbidden by law.[57] These and many others were the charges brought against Governor Marquina. They may be considered as typical of the accusations which were usually brought against governors in their 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.[58] The regent was instructed to ascertain from the treasury officials whether Marquina should not be required to post more than the usual amount of bonds in view of the grave charges against him. It seems that the law already cited requiring an annual deduction of one-fifth of the governor’s salary to cover residencia had been abrogated by a royal order dated February 13, 1782; hence there was some apprehension lest Marquina had not deposited sufficient money.[59]
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.[60]
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 had been sent separately. The glaring injustice of the investigation as conducted by Amparán and of the official evidence transmitted, was patent to the fiscal of the Council. He refused to receive any testimony not incorporated in the official papers of the case. Marquina was allowed a retrial by the Council. This resulted in a further delay of three years; during this period Marquina remained in the provinces with the exception of the time spent in Manila giving testimony in his second residencia, which was taken under the direct supervision of Governor Aguilar. Immediately after his second trial Marquina was transferred to Mexico, but he was obliged to deposit an additional 50,000 pesos before his departure from Manila.
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.[61]
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 had to be confirmed by the Council of the Indies. On review of the findings and recommendations of the regent, the Council declared that since the proceedings at the trial of Marquina had been irregular and the governor had already suffered the consequences of his own misdeeds, the fine imposed by the judge of the residencia in Manila might be reduced to 2000 pesos with costs of trial. Marquina on October 12, 1797, asked to be excused from the payment of the 2000 pesos, but the Council denied his petition, declaring that he had been treated with great consideration and mercy and that nothing more could be done in his behalf, especially since he had not been adjudged innocent of the charges which had been made against him.[62]