Note 31 — Chapter VI · THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS

The audiencia was required to see that the appointees designated by the governor duly complied with the requirements of residencia; likewise that they were properly installed in office, and that they did not serve in offices for which they had neither authority nor qualifications.31 Notwithstanding the variety and the conflicting character of the laws bearing on matters of appointment, a careful consideration of law and practice leads to the conclusion that the governor, as chief executive, had the power of making appointments, but in the execution of this duty he was ordered to consult the audiencia, although, strictly speaking, he was not obliged to follow its advice. If there were good reasons for not appointing an official recommended by the governor, the oidores could send representations to the Council of the Indies, setting forth their objections, and the Council might confirm or nullify the appointment, as it chose. The audiencia could make appointments if it were in temporary charge of the government. The authority which the audiencia exercised in regard to appointments varied according to circumstances. If the governor were new at his post, weak or indulgent, the audiencia exercised more extensive authority than was conceded by the laws. If the governor were experienced, efficient, and a man of strong personality and dominating character, the tribunal exercised less power in regard to appointments, and, in fact, in all other matters pertaining to government.