Page:The Coronado expedition, 1540-1542.djvu/81

 The Council for the Indies referred the whole matter of the petitions and accompanying evidence to the fiscal, the licentiate Villalobos, April 21, 1540. He made a report, which virtually decided the case, May 25. The parties were given an opportunity of replying to this, and they continued to present evidence and petitions and countercharges for a year longer. The final decision, if any was made, has not been printed, so far as I know, but the Council could hardly have done anything beyond formally indorsing the report of Villalobos. The duty of the fiscal was plain, and his report advises His Majesty not to grant any of the things asked for by the petitioners. He states that this discovery ought to be made by and in behalf of His Majesty, since the region was not included in any previous grant. Although the Crown had forbidden any further unlicensed explorations, this would not prevent expeditions being undertaken on the part of the Crown, which is always at liberty to explore at will. In effect, of course, the report sanctioned the exploration by Mendoza, who represented the royal interests and power. An objection was at once entered in behalf of De Soto, using the very good argument that Mendoza's expedition would be sent out either at the expense of the Crown or of his private fortune. If the former, it was claimed that as the explorer would have the glory in any event, the Crown ought to save the expense by allowing De Soto, who had already undertaken the same thing at his own cost, to make these discoveries, which he promised should redound to as great an extent to the glory and advantage of the Emperor. If Mendoza was undertaking this at his own expense, it was evident that he would desire to recover his outlay. Here he was merely on the same footing as De Soto, who was prepared to make a better offer to his Royal Master than Mendoza could possibly afford. In either case there was the danger of scandal and disaster, in case the two expeditions should be allowed to come together beyond the range of the royal oversight. "No answer to this appeal is recorded, and the parties continued to argue down their opponents' cases, while the viceroy in New Spain started the expedition which, under the command of Francisco Vazquez Coronado, discovered the Pueblo Indians of New Mexico, the Grand canyon of the Colorado, and the bison of the great plains.

 

Two classes of colonists are essential to the security and the permanent prosperity of every newly opened country. In New Spain in the sixteenth century these two classes, sharply divided and almost antagonistic—the established settlers and the free soldiers of fortune—were both of considerable importance. Cortes, so soon as he had conquered the country, recognized the need of providing for its settlement by a stable population. In the petitions and memorials which he wrote in 