Colonial America: Government and Administration
Government and Administration in the Colonial Empire
From an institutional point of view, America was integrated into the Crown of Castile, which caused the institutions to be similar to the Castilian ones, but with some peculiarities. Therefore, the trend was centralized and authoritarian, but limited by distance and slow communications. This led to the famous formula, “It is obeyed, but not fulfilled.”
The institutions were distributed among those in the peninsula, the House of Trade and the Council of the Indies, and those settled in American territory: the Viceroyalty, Governorships, the Townships, the Town Hall, and the Audiencia.
Council of the Indies
The Council of the Indies was created in 1523, with absolute jurisdiction in administrative, judicial, and tax matters over all American territories and over the House of Trade. It produced all laws relating to the Indies, but in an advisory capacity. Its functions were:
- To propose the appointment of all senior civil and ecclesiastical officials.
- To act as the supreme court of justice.
- To oversee American economic policy.
- To monitor the functioning of the House of Trade and accounts.
It was composed of a chairman and a variable number of directors, mostly lawyers.
House of Trade
The House of Trade, based in Seville, became the lead agency for oversight of trade and navigation to the Indies. Its original function was customs, but it extended its functions in trade and navigation, managing and organizing traffic between Spain and America. It was responsible for:
- Inspecting ships.
- Authorizing trips.
- Collecting taxes on imports and exports.
- Issuing licenses for passengers.
- Training pilots.
- Creating maps and navigation charts.
- Resolving trade disputes.
- Acting as executor of the goods of those who died in America.
All these functions led to a significant increase in the number of its employees.
Viceroy
The Viceroy was the king’s direct representative in America. At first, two viceroyalties were created: New Spain (Mexico) and Peru. The Viceroy presided over the various bureaucracies, enjoying great prestige and creating veritable courts. Initially, the title corresponded to Columbus and his heirs, until his grandson Luis resigned in 1536. After that, the king appointed them from among the Castilian nobility for a period of 6 years, which could be extended.
Governorship
The Governorship corresponded to a provincial governor; up to 34 came into existence. Their duties were administrative, judicial, and military. The most important governorships were considered CapitanÃas Generales, military powers that were autonomous administrative divisions.
Townships
Townships were similar in function and features to the governorships, but in smaller districts.
Town Councils (Cabildos)
The Town Councils, or Cabildos, were the political organization of cities. They were composed of two ordinary mayors (who were judges of first instance and presided over the council in the absence of the mayor), several aldermen, and other officials. Theoretically, these were elected positions, filled every year on January 1st, but they were quickly monopolized by the local oligarchies.
Audiencia
The Audiencia was responsible for the administration of justice as a court of appeal, but it also had governmental functions due to its advisory role. There were three types of Audiencias:
- Viceroyal (chaired by the Viceroy).
- Praetorian (chaired by the governor).
- Subordinate (chaired by a lawyer and dependent on the Viceroy).
They were composed of a president, judges (professional lawyers), a fiscal, and Alcaldes del Crimen (for criminal justice). A tax administration was responsible for taxes and the correct application of the royal fifth, and a very small military administration existed, as regular troops were scarce.
Control Systems
The administration was controlled by two systems:
- Juicios de Residencia (Residency Trials): At the end of their term, staff were subjected to a trial where anyone could make claims to verify the proper performance of their duties.
- Visitas (Visitations): An extraordinary inspection procedure carried out by an envoy of the crown, motivated by complaints or to gather information on future reforms.