|Colombia Table of Contents
The administrative structure paralleled the social pyramid in that peninsulares appointed by the crown generally controlled the higher jurisdictional levels, and criollos could compete only for the lower posts. Two councils in Spain presided over the colonies. The House of Trade (Casa de Contratación) controlled all overseas trade. The Supreme Council of the Indies (Consejo Supremo de las Indias) centralized the administration of the colonies and had legislative, executive, and judicial functions. As the king delegated increasingly more authority to this council, it effectively became the ruler of the colonies.
The viceroyalty, headed by a viceroy, was the highest authority in the colonies. The next level of jurisdiction was the audiencia, a regional court consisting of various judges and a president. The Real Audiencia de Santa Fe, which presided over present-day Colombia, was instituted in 1550. The audiencia had jurisdiction over the governorships, which in turn controlled the cities. Governors, appointed by the crown, had administrative and judicial functions and, in areas considered dangerous, military duties. Cities, the lowest jurisdictional level, were run by city councils, or cabildos. Cabildos initially were elected by popular vote, but later seats were sold by the crown, and positions on the council thus lost their democratic character. Despite their low position on the administrative pyramid, cabildos had the greatest impact on the day-to-day lives of citizens in the local municipalities.
The cabildos became the first effective agency of civil government, regularizing the processes of government and tempering the authority of the governor, even though their membership was composed of his subordinates. They included a varying number of magistrates or aldermen, depending on the size of the community, and two mayors. The mayors on the cabildo were elected annually and initially acted as judges in courts of first instance with criminal and civil jurisdiction. Appeals from their decisions could be taken to the local governor or to a person functioning as his deputy and finally to the royal court of jurisdiction. During times of crisis, the town citizens of importance might be invited to sit with the cabildo in what was called the open council. By increasing criollo participation in government, the open council contributed to the movement leading to the war for independence.
The royal courts in the colonies, unlike their counterparts in Spain, performed administrative and political as well as judicial functions. The courts were empowered to limit the arbitrary use of power by the viceroy or any subordinate official in the New World. Major courts existed in the higher jurisdictions, such as the viceroyalty; subordinate courts existed at lesser administrative levels. Under the Supreme Council of the Indies, the viceroys, as the direct representatives of the sovereign, exercised royal authority in all civil and military affairs, in the secular aspects of church affairs, and in the supervision of the administration of justice. Subject to the overall supervision of peninsular authorities, the executive officers also exercised a degree of legislative power.
Two additional governmental practices designed to oversee the colonial authorities were the residencia (public judicial inquiry) and the visita (secret investigation). The residencia was performed at the end of an official's term of office by a judge who went to the chief seat of the jurisdiction of the official in question to hear anyone who wished to make charges or to offer testimony concerning the official's performance in office. The visita could take place at any time without warning during an official's tenure and was performed by an inspector who might, in the performance of his task, sit with a court in public hearings.
Source: U.S. Library of Congress