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 were so patent that the Council of the Indies ordered a new hearing. A severe sentence was finally passed by the judge in Manila, but it was modified by the Council of the Indies through considerations of justice. The residencia occupied ten years, and during the greater part of that time the ex-governor remained in exile—a victim of his own misdeeds, the faulty residencia system, and the hostility of the audiencia. The customary severity of the residencia was only mitigated in this case by the presence of an impartial governor, who, unlike most governors whose desire was to harass their victims, sought to secure a fair trial for his predecessor. To accomplish this he was obliged to work against, rather than in co-operation with the audiencia.
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.[63] Again, on March 16, 1797, the royal order of December 30, 1777, was re-enacted and the practice was revived of deducting annually one-fifth of the salaries of officials whose incomes were 8000 pesos a year or more.[64] This law was again promulgated on January 18, 1848. Its purpose was to secure the retention of a sufficient sum of money to guarantee all losses incident to the residencia. It apparently continued in force until July 7, 1860, when governors and captains-general were declared exempt from these discounts.[65]
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.[66]
The cédula of September 3, 1565, laid down the principle that the residencias of officers appointed by viceroys and presidents should be taken by commission of those who appointed them.[67] As regularly appointed corregidores and alcaldes mayores held royal commissions,[68] they did not, according to this law, give residencia to judges appointed by the governor. The Council of the Indies, therefore, should name judges to investigate the official conduct of its own appointees. As a matter of fact, however, the Council delegated this authority to the governor and audiencia. This latter practice was authorized by a clause in the cédula of September 3, 1565, which provided that residencias of the officials referred to should be taken under supervision of the audiencias in the districts wherein the officials resided. This meant that while the audiencia was not to interfere in the taking of the residencia itself, the tribunal was to see that the laws regarding residencias were faithfully executed. The law of March 11, 1591, ordered that if the conduct of corregidores, alcaldes mayores, and other magistrates demanded that their residencias should be taken before the completion of their term of office, the viceroys, presidents, or governors should appoint judges for the purpose.[69] Nothing was said in this cédula relative to the authority of the audiencia in this matter, but the law of January 19, 1608, gave to the audiencia the right to try residencia cases on appeal from the sentences of these special judges.
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 necessary. The audiencia, alone, was authorized to appoint judges of residencia for judicial officers only.[70] The interference of the audiencia in the residencias of governors, corregidores, alcaldes mayores, and other justices and ministers provided by royal appointment was definitely forbidden by the cédula of April 20, 1639, as this jurisdiction was declared to belong to the Council of the Indies.[71] Although we have evidence that the Council did exercise such jurisdiction, it was always on review of cases appealed from the audiencias. While the above prohibition forbade the audiencia from taking the residencias of these officials it did not restrain the tribunal from participating in the decision as to whether a residencia should be taken, or in the review of the autos of residencia.
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.[72] In 1803 the incumbent of the same post, Antonio Mateo, was incarcerated by order of the audiencia, pending investigation of the charge made against him that he had used the funds of his office for private trade. It was shown, however, that this official knew the location of a quicksilver deposit of great value, whereupon the governor had him removed from prison, ordering the suspension of the charges against him, notwithstanding the protests of the oidores. The fiscal concurred in the action of the governor. The audiencia appealed the case to the Council of the Indies, alleging conspiracy between the governor and the fiscal. The Council, however, on examination of the case, approved their action, ordered the charges to be dismissed, and gave directions that the alcalde mayor should be restored to his former position or given another of equal category as soon as possible.[73]
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,[74] and finally it indicates that expediency might constitute an important factor in the ultimate results of a case of this kind.
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.[75]
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 of office, or at the close of their service. These investigations had to be concluded within four months, but if charges were not made against an official his past record was not investigated.