Page:Vol 1 History of Mexico by H H Bancroft.djvu/258

138 day a committee was sent to apprise Cortés of his election, in the name of their Catholic Highnesses, to the offices of captain-general, and of justicia mayor of the town. On appearing before the council to take the oath, the alcalde addressed Cortés, giving as reason for the appointıment his loyalty, his worth, and his talents. The commission which was then given granted him one fifth of all treasure acquired by trade or conquest, after deducting the royal fifth. This was in consideration chiefly for his services as leader.Gomara says frankly, 'Cortes acepto el cargo de capitan general y justicia mayor, a pocos ruegos, por no desseaua otra cosa mas por entonces.' ''Hist. Mex''., 48. 'Y no tuvo vergüenza Gomara,' is Las Casas' comment on the admission. ''Hist. Ind''., iv. 496. Bernal Diaz states that Cortés had made it a condition, when the army pleaded to remain in the country, that he should receive these offices: 'Y lo peor de todo que le otorgamos que le dariamos el quinto del oro.' ''Hist. Verdad''., 29. The letter of the ayuntamiento to the emperor sets forth that they had represented to Cortés the injustice of trading gold for the sole benefit of Velazquez and himself, and the necessity of securing the country and its wealth for the king by founding a colony, which would also benefit them all in the distribution of grants. They had accordingly urged him to stop barter as hitherto carried on, and to found a town. It is then related how he yielded his own interest in favor of king and community, and appointed them alcaldes and regidores. His authority. having in consequence become null, they appointed him in the king's name justicia, alcalde mayor, and captain, as the ablest and most loyal man, and in consideration of his expenses and services so far. Carta 10 Jul., 1519, in Cortés, Cartas, 19-21. Both Puertocarrero and Montejo confirm, in their testimony before the authorities in Spain, that Cortés yielded to the general desire in doing what he did. ''Col. Doc. Inéd''., i. 489, 493-4. According to Gomara, Cortés makes a trip into the neighboring country, and, finding how rich it is, he proposes to settle, and to send the vessels to Cuba for more men wherewith to undertake the conquest. This was approved: Cortés accordingly appointed the municipality, and resigning the authority conferred by the Jeronimite Fathers and by Velazquez, as now useless, these officers in turn elected him as their captain-general and justicia mayor. The council proposed that, since the only provisions remaining belonged to Cortés, he should take from the vessels what he needed for himself and servants, and distribute the rest among the men at a just price, their joint credit being pledged for payment. The fleets and outfit were to be accepted by the company in the same way, the vessels to be used to carry provisions from the islands. Scorning the idea of trading his possessions, Cortés surrendered the fleet and effects for free distribution among his companions. Although liberal at all times with them, this act was prompted by a desire to gain good-will. ''Hist. Mex., 46-8; Herrera'', dec. ii. lib. v. cap. vii.; Torquemada, i. 395, 587. Las Casas terms the whole transaction, as related by Gomara and the ayuntamiento, a plot to defraud Velazquez of his property and honors. Comparing the conduct of Cortés with that of Velazquez against Colon, he finds the latter trifling and pardonable, while the former was a barefaced Exitus acta probat. Las