Obligations and Inspections of Royal Officials in the Spanish Colonies
Obligations
Two essential rights of royal officials, stemming from their appointment, were the right to receive financial compensation for their services and the right to hold office until removed for cause. This removal typically followed a penalty based on the same concept.
The frequent changes in laws governing precious metals and the abundance of these metals in circulation led to currency depreciation and a continuous rise in the cost of living.
Another right recognized from the outset, and one that became common practice, was the ability to appoint lieutenants to act as substitutes when officials were unable to perform their duties due to illness or other reasons.
These officials generally possessed broad powers to administer the treasury. However, their actions were expected to adhere to the instructions and orders they received.
Given the significance of their roles, officials were granted certain privileges. These included a place of honor at public events, the right to have bodyguards, and exemption from imprisonment in public jails.
As treasurer, an official had the specific duty of safeguarding the funds deposited in the treasury, typically secured with three keys. Consequently, the treasurer was obligated to reside in the house where the treasury was located and was responsible for revenue collection and the disbursement of funds.
The role of “factor” involved managing everything related to income, particularly in-kind payments. Initially focused on trade missions, this role evolved to encompass the crucial task of handling charges and accounts in most treasuries.
In the early days, the “overseer” was responsible for overseeing security and managing entries. However, this role was later limited in many areas to focus on cost reduction, with the inspector assuming responsibility for overall oversight.
Another requirement imposed on royal officials was the obligation to personally perform their duties unless circumstances made it impossible.
Laws were enacted to restrict officials from engaging in personal business dealings while carrying out their administrative tasks. This prohibition aimed to prevent the misuse of funds for private purposes and to protect the rights of traders, as it was assumed that officials might prioritize their interests over those of private citizens.
Grounds for suspension, removal from office, or penalties included engaging in personal business with goods under their purview, being absent without leave, making payments without royal authorization, manipulating the value of goods, and failing to settle debts incurred in their accounts.
Inspections
Inspections, known as “visitas,” were conducted by higher authorities to assess the performance of an entire viceroyalty or captaincy general, or to investigate the management of a specific official or operation.
The former constituted a general inspection, while the latter was a targeted or particular visit. Notably, special visits were also commissioned for events like the inauguration of a new viceroy or the implementation of a new system of government and administration, as exemplified by José de Gálvez.
The jurisdiction of the inspector was defined by their commission and they were obligated to operate within those bounds unless granted an extension to cover other agencies or individuals.
The inspector general held authority over all officials within the inspected territory, including viceroys, but their oversight of viceroys was limited to actions taken in their capacity as president of the colonial audiencia (high court).
The inspector’s authority was safeguarded against interference from the viceroy and other courts, particularly the audiencia of the territory, which might attempt to intervene. To this end, the inspector carried a royal decree prohibiting the audiencia from interfering in their investigation and delegating any matters exceeding the inspector’s commission.
Before delving into the inspection process, it’s worth noting that the inspector and their entourage were to be formally received by the audiencia upon arriving in the territory.
Their accommodation was another matter requiring careful attention, not only to uphold the dignity of the king’s representative but also to maintain their impartiality.
Once these formalities were completed, the inspection was announced, and those subject to it were summoned. The inspector could conduct these proceedings personally or through appointed prosecutors.
The inspection would commence by addressing complaints lodged against the inspected entity by individuals within 60 days.
Information was gathered through three primary channels: official reports, witness testimonies, and the examination of records.
Based on the information compiled through these methods, the inspector would outline the charges, which could apply to all members of the inspected organization. Once notified, the accused had 10 days to respond to the charges, often in equal detail.