Established by Charles I (Charles V) in 1524, the Consejo de Indias (Council of the Indies) acted as a colonial council and clearinghouse for the appointment of viceroys and all issues related to their function as head of a civil government in the New World.
Following a period of exploration and conquest in a region, the Spanish Crown required the establishment of a civil government. Such a government effectively replaced the martial law of the CONQUiSTADORes. Following the 1521 conquest of Mexico, Charles formed the Council of the Indies in response to Spain’s growing colonial empire.
Beginning in New Spain in 1535 and Peru in 1551, the viceroy system represented the top political institution in the colonies. The viceroy functioned as an administrator, fulfilled judicial and fiscal duties, and, as a personal representative of the king, held the highest position in each colonial bureaucracy. While in theory the king personally appointed all viceroys, the establishment of the Council of the Indies in 1524 introduced a system of checks and balances in regard to the viceroy’s role. As a body of specialists based in Seville, the council kept the king advised of colonial matters, reviewed reports from the viceroys in the Western Hemisphere, recommended policies and procedures, and wielded considerable control in enforcing initiatives related to overseas possessions. In addition, the council legislated proper behavior for viceroys and in many ways circumscribed their private lives while they served the territories under their protection.
A director of judicial, military, and political affairs related to the colonies, the Council of the Indies also acted as an advisory board in ecclesiastical and civil matters. More specifically, the council heard cases appealed from the audiencias and the House of Trade, issued laws, and approved major colonial expenditures. Throughout the 16th century the council worked in conjunction with the Casa de Contratacion (House of Trade), which directed all colonial commerce.
Following the creation of the Council of the Indies, many conquistadores continued to enjoy extended periods in command of the lands they subdued without government officials or agencies obstructing their actions. In many cases, like judges and viceroys, the Council of the Indies had to operate within the structures and relationships established by the settlers of a region. Further limitations on the council’s effectiveness stemmed from slow or absent communication with officials in the colonies and the inexperience of its members. Composed largely of men with university-based legal training and veterans from lower courts, the council included few men possessing familiarity with the Western Hemisphere. Thus, the council, which remained in existence through the early 18th century and ranked second only to the Council of Castile or the Royal
Council, had to cope with some notable obstacles in its management of New Spain.
Further reading: John A. Crow, The Epic of Latin America, 4th ed. (Los Angeles: University of California Press, 1992); Edwin Williamson, The Penguin History of Latin America (New York and London: Penguin Press, 1992).
—Kimberly Sambol-Tosco
World History
