The next thing the auditors did was to announce to the public that all those persons who either descended from the Moors or the Indians, whose relations or forefathers in the fourth degree had been burnt by the holy inquisition, or had even been dismissed with the San Benito, should leave New Spain within the space of six months, or forfeit the half of their property. Many persons were accordingly called up to vindicate themselves on this point, and several found their respectability sadly impugned; yet there were only two persons who were obliged to leave New Spain on this account.
With regard to the distribution of commendaries, the auditors fully acted up to his majesty's commands, and they richly remunerated the true Conquistadores; but the real cause of their downfall was the immoderateness with which they allowed the Spaniards to mark slaves. This was carried to so great a length in the province of Panuco, that the whole of this territory became at length quite depopulated. Nuño de Guzman had, altogether, something noble and frank about him, and when he gave, it was with an unsparing hand. For instance, by way of a new-year's gift he presented the accountant Albornoz with the township of Guazpaltepec. Albornoz had just returned from Spain, with his wife Doña Catalina de Loaisa, whom he had recently married, having also obtained permission from his majesty to erect a sugar refinery at Sempoalla, which a few years after was completely destroyed. If the president Guzman pursued a ruthless course in the marking of slaves, and tried all he could to injure Cortes, the auditor Delgadillo was certainly no better. It was even said of him that he made grants of commendaries in consideration of a certain per centage on their annual produce. Besides this, he appointed his own brother Berrio alcalde-mayor of the town of Guaxaca, where he oppressed and ill-used the inhabitants in every possible manner to obtain gold. This auditor likewise despatched a person of his own name as commandant to the township of the Zapotecs, whose conduct was equally infamous there as that of Berrio in Guaxaca. The other auditor, Matienzo, was a man far advanced in years, and the only one who had not abused his power; but against the others so many bitter complaints were made, and these so well confirmed by letters from the monks and prelates, that the emperor ordered the council of the Indies immediately to recall all the members of the royal audience, to severely punish them, and to appoint other men of integrity and intelligence. His majesty also desired that an inquiry should be made as to the number of slaves which had been marked in the province of Panuco. Matienzo was commissioned to make the inquiry, as this aged auditor had shown greater love of justice than his colleagues.
From this moment all the permits which had been given to mark slaves were considered as invalid, and the marking-irons were destroyed wherever they were found, and henceforth it was forbidden ever again to mark slaves. It was even ordered that a census should be taken of all the slaves in New Spain, in order to prevent their being sold out of the country, or even from being sent from one province into another. In the same way it was declared that every distribution of commendaries made by Guzman and his colleagues to their friends, relations, and other persons of no worth, should be considered as invalid, and the property these persons had obtained in this manner was immediately to be delivered up again.
These commands produced endless lawsuits, for those in possession employed every artifice to retain what they had once got. Some maintained they belonged to the body of the Conquistadores, though there was not a word of truth in it; others asserted that they had been settled in the country for many years. Some, who could offer no good excuse, asserted, at least, that they never belonged to the household, or to the table companions of the auditors; declaring that they had only called upon these gentlemen from time to time, and appeared in their suite, to pay them the respect which was due to them in their capacity of royal auditors. In short, each person defended his property as well as he could, and, upon the whole, so successfully, that there were only a few persons who were obliged to relinquish their possessions. The accountant Albornoz was of this number, and he was again deprived of the township of Guazpaltepec, which Guzman had given him as a new-year's gift. In the same way a certain Villa Roël was obliged to deliver up possession of the township of Quauhnahuac. Villegas, Guzman's mayor-domo, and other officials and relatives of the auditors, had to quit their commendaries.
As soon as the news arrived in Mexico that the auditors were to be cashiered, Guzman and his colleagues determined to despatch a procurador to Spain, to testify that they had faithfully fulfilled the duties of their office, and acted up to his majesty's commands. For this purpose, all the procuradores of the different towns of New Spain then staying at Mexico, and the most distinguished of the Conquistadores, were desired to assemble in the principal church, to elect the factor Salazar, when it would be made to appear as if this man was chosen by our unanimous consent to repair to Spain, and there to white-wash Guzman and his colleagues. The auditors had fully expected we should have elected Salazar, particularly as they had been so liberal in their grants of commendaries to the Conquistadores.
This meeting actually took place, but so many persons forced their way into the church who had no voice at all, creating so much disturbance and noise, that it was impossible to restore order. We therefore declared to the auditors that it was impossible to proceed with the business of the day, and that we would assemble in their private dwelling on the following morning. But as we plainly saw that their main object was that we should select some one entirely devoted to their interests, we determined also that a second agent should be chosen in Cortes' interest. We then proceeded to the election, and our choice fell upon Bernardino Vazquez de Tapia, in the latter's interest, and Antonio de Carvajal, who commanded a brigantine during the siege of Mexico, was chosen to represent the interest of the auditors; however, both these gentlemen were more inclined to favour the cause of Nuño de Guzman than that of Cortes: nor could we indeed blame them for this, the royal auditors having been more bountiful towards us than Cortes. They had, at least, in some measure acted up to his majesty's commands, by bestowing commendaries upon us; whereas Cortes, at the time when he had full power to reward us according to our deserts, totally neglected us. But as Spaniards are ever loyal, and we could not forget that he had been our captain, we still felt a great affection for him, more indeed than he had shown us when it was in his power to have remembered us, according to his majesty's express desire.
After we had thus selected our two procuradores, a lengthened discussion took place as to the particular points that were to be impressed on his majesty's mind. The president and his colleagues, on their part, maintained that it was imperative on all the procuradores to declare that it would be both injurious to the cause of religion and the true interests of the crown if Cortes returned to New Spain, for his presence would only create factions and disturbances among the inhabitants, and a good government would be totally impracticable; that moreover it was not unlikely he would seize the first opportunity of taking forcible possession of the country, and declare his independence of the Spanish crown. These assertions most of us Conquistadores positively denied, and we maintained that his majesty had not a more devoted and faithful servant than Cortes.
About this time also Alvarado returned from Spain, as governor and chief justice of Guatimala, and comendador of Santiago. He was accompanied by his newly-married wife, Doña Francisca de la Cueva, who, however, died soon after her arrival at Vera Cruz, so that Alvarado and his suite arrived in Mexico clad in the deepest mourning. As soon as he learnt the nature of the petition which the auditors were going to despatch to his majesty, he managed that we should draw up a joint address to the emperor, in which we fully explained to his majesty the real object the president and his colleagues had in view. When therefore the two above-mentioned procuradores laid their papers before the council of the Indies, the members of this body readily perceived that they contained nothing but a rancorous feeling against Cortes. Not the slightest notice therefore was taken of these representations, and the imperial decree for the cashiering of the auditors was confirmed. Cortes was at that time still in Spain, and it may naturally be supposed that all these attempts to injure him turned out to his advantage, and added to his honour.
Nuño de Guzman in the meantime sent out an expedition to Xalisco for the colonization of this province, in which, it will be seen, he was more fortunate than Cortes, who had previously made a similar attempt.