The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 271
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The Residencia in the Spanish Colonies
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
endowed with authority to pass sentence, but was ordered to, re-
mit the autos of the case to the Council of the Indies for final de-
termination and sentence.46 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 8,000 pesos a year or more.47 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.48
It has already been stated that the residencias of provincial
judges and governors, alcaldes ordinarios and treasury officials
were taken by judges appointed by the president of the audiencia
(the governor), with appeal to, the tribunal. These cases, under
certain circumstances, might be carried on second appeal to the
Council of the Indies. There were some variations in the laws
regulating these matters, but a general principle seemed to have
been followed of granting, jurisdiction over the residencia of an
official to the, authority which appointed him.49 So we have the
Council of the Indies exercising final jurisdiction over the resi-
dencias of viceroys and captains-general, and the governor and
audiencia over those of the minor officials of the colony. Neither
40Recopilaci6n, 5-15, notes 4 and 5.
47Reales resoluciones del consejo de 4 de Marzo de 1794, A. I., 106-4-18;
Royal Order of January 18, 1848, San Pedro, Legislaci6 Ultramarina, I,
290.
"bThese discounts were "considered subversive of their authority (that of
the governors) ; . . . the best guarantee -of their acts is not a discount
of some thousands of pesos, which is always penurious when compared
with the honor and dignity of the persons called, on account of their
elevated character and distinguished services, to hold these posts; and if,
in former times, this practice had some foundation in the tardiness of com-
munication between the Peninsula and these provinces, it does not exist
today in view of the frequency of communication which enables said
authorities to consult with the government -of her Majesty in all the steps
which are considered necessary in the territory of their command."-Royal
Order of July 7, 1860, San Pedro, Legislaci6n Ultramarina, I, 287.
"Recopilaci6n, 5-15-4.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/277/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.