Into the hearts of the desponding colonists at San Sebastian the words of Vasco Nuñez infused new life. No time was lost in making ready; and crossing the gulf, they found the country and river as he had said. Near this river of Darien,[VII-3] for so the Atrato and country thereabout was then called, stood the village of the cacique, Cemaco, a brave and upright ruler.
BATTLE OF ANTIGUA.
Enciso, who is no less valiant than wise and conscientious, determines to make this place judicially his own. Cemaco, who believes himself the legal owner, objects. Whereupon is invoked that admirable provision, the ultimate appeal; and the man of the long robe and the man of no robe at all, each after his fashion, prepare for war. Sending his women and children up the river, Cemaco posts himself with five hundred warriors before the village. Enciso, in whose person are united the combined essences of Christendom, civil, ecclesiastical, and military, concentrates all his forces, human and divine, to hurl upon the presumptuous savage. First, as is his wont in legal battles, to every soldier he administers the oath that he will not flinch before the enemy; then he invokes the powers above to aid him in the approaching contest, vowing that if victory shall be his and the town shall fall into his hands he will name it in honor of the virgin and build and dedicate a church within the town in honor of her sacred image, Antigua of Seville. Moreover, he promises that he will make a pilgrimage to her holy shrine if she will give him the victory over Cemaco; and with these preparations the battle begins. The half-starved Spaniards fight like fiends. Cemaco for a time maintains his position with firmness; but the awe-inspiring appearance of the strangers, their ship, their shining armor, their beards, the whiteness of their skin, the wonderful sharpness of their weapons, and the solemn thunder and smoke of their fire-arms soon scatter to the forest his terror-smitten people. To the unbounded joy of the conquerors the town is found rich in gold and cotton, and the adjacent fields afford abundance of provisions.
This is something like reward for toilsome missionary labors. Along the river banks, secreted in caves, are found golden ornaments to the value of ten thousand castellanos.[VII-4] The virgin's share and the king's share are set aside, and the remainder of the spoils divided among the band. Thus Cemaco's village becomes the seat of government in Tierra Firme; and to it, as the lawyer promised the virgin, is given the name of Santa María de la Antigua del Darien.[VII-5]
In good truth fortune had at length smiled upon the colonists. Captives taken in the skirmishes which followed the pitched battle were made to gather gold and work in the fields. The bachiller began a rigorous rule with a full sense of the responsibilities resting upon him as representative of the crown of Spain and of his own importance before his soldiers, and as a hero in the great work of pacification. This view of his own merits appeared to him by no means diminished after his recent success. Though small in number, this colony should be mighty in law. Poor Ojeda! How happy he might have been in the position now occupied by this mummified bundle of quiddities.
Settling themselves in Cemaco's houses, the Spaniards began to look about. First in order after his lawless raid, in the eyes of Enciso, was law. The bachiller, as we have ere this surmised, was one of those super-wise and self-opinioned men who to achieve a fall have only to attain a height. Very little law was here needed, very little government; but Enciso was a lawyer and a ruler, and little of it would not suffice him. His first edict was the prohibition of private traffic with the natives. This measure, though strictly legal, could scarcely be called politic. The hundred or so ragged piratical wretches cast on this rich and feebly defended shore wanted few decrees; and the fewer laws their ruler made for them the fewer would be broken. But, necessary or not, the alcalde mayor must issue orders, else he is no alcalde mayor. Hence other regulations followed, equally unpopular, until the colonists began to consider how best they might make a plug which should stop this great running to waste of law. Though convinced that Enciso was planning to get the gold as well as the government all into his own hands, and employ the colonists as tools wherewith to mine, and hold the savages in check, so inbred is Spanish loyalty, that even the reckless members of this crude commonwealth hesitated before committing any overt act which might forever outlaw them from their country. Better employ his own weapon against the bachiller, for law is safer than hemp for hanging even lawyers.
VASCO NUÑEZ ASSUMES COMMAND.
There was about Vasco Nuñez a plain directness of thought and purpose the very opposite of those engendered of the law's entanglements. Ever since his fortunate suggestion to cross from San Sebastian to Darien he had been regarded as the savior of the colony; and now he thought he saw open a way of deliverance from their present trouble, and so he told them. "The gulf of Urabá," said he, "separates Nueva Andalucía from Castilla del Oro. While on the eastern side we belonged to the government of Alonso de Ojeda; now that we are on the western, we are subject only to Diego de Nicuesa." Before this simple logic the bachiller was dumfoundered. Of what value was legal lore that could be so easily overturned by an illiterate adventurer? In vain he feebly argued that wherever was Ojeda's colony, Ojeda's deputy was master. The people were against him; and the opinion of the people concerning him was expressed by Vasco Nuñez when some time afterward he wrote the king regarding persons of that cloth in infant settlements: "Most powerful sire," he said, "there is one great favor that I pray your royal highness to do me, since it is of great importance to your service. It is for your royal highness to issue an order that no bachiller of laws, or of anything unless it be of medicine, shall come to these parts of Tierra Firme, under a heavy penalty that your highness shall fix; because no bachiller ever comes hither who is not a devil, and they all live like devils, and not only are they themselves bad, but they make others bad, having always contrivances to bring about litigations and villainies. This is very important to your highness' service in this a new country."[VII-6]
So the lawyer was deposed, and the cavalier elevated. Enciso gracelessly yielded his clear authority; and after much wrangling among the ill-assorted fraternity, a municipality was decided upon, and two alcaldes[VII-7] were chosen, Vasco Nuñez de Balboa and Martin Zamudio. The office of regidor[VII-8] fell among others to one Valdivia. Subsequently additional officials were chosen.
Government without law, however, proved no less ineffectual than law without government. Disaffections and altercations continued. In the administration of justice, Balboa was accused of favoring his friends and frowning upon his enemies. Some repented having crossed the gulf; some desired the restoration of Enciso; some suggested that as they were now within the jurisdiction of Nicuesa, it was his right to rule, or to name their ruler.