Page:Vol 2 History of Mexico by H H Bancroft.djvu/310

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
290
THE FIRST AUDIENCIA AND ITS MISRULE.

couraged to come forward and enter complaints, no matter how trivial or ill founded, or even if devoid of an y foundation. Envy and discontent during a series of years had gathered in some quarters and concentrated against Cortés as head of the faction which had caused their real or fancied injuries. The charges sometimes assumed the form of pure calumnies instigated by blind hatred. Few witnesses dared testify in favor of the accused, save in a negative manner, and this feature tended to stamp the entire testimony as of little or no value. Nevertheless the audiencia declared as proven that Cortés had in 1519 usurped the supreme authority by wrongful means, and was consequently guilty of illegal and disloyal conduct in punishing those who had opposed his authority, such as Narvaez, Villafañe, and Tapia, and in the enactment of many measures which might have been justifiable in a legally appointed officer. These charges were followed by various indictments for injury committed against the person and property of opponents. Treasonable utterances and acts were enumerated, also embezzlements and seizures. The torture of Quauhtemotzin, the execution of caciques and vassals by the thousands, and the desolation of provinces for gold and slaves, were prominently noted among his crimes by Guzman, from whom they came with appropriate grace. The operations against Garay and Olid were not omitted, and his conduct in relation to Ponce de Leon and Aguilar gave rise to several disloyal charges, although their death was not openly laid upon him.[1]

The agents of Cortés, Diego de Ocampo and Licentiate Altamirano, filed their refutation of the charges through García de Llerena, accompanied by countercharges for malicious attacks on their principal, and

  1. The indictment covers over 50 pages in Pacheco and Cárdenas, Col. Doc., xxvii. 5-59. In pages 190-301 is given the reply of Cortés' agents, denying or refuting the charges. The charge of murdering his wife formed a special subject of inquiry.