to have been assisted in establishing a colony on
the river Palmas; and finally, it was established
beyond all doubt, by the oaths of the physicians who
attended him, that Garay had died of a pleurisy.
In regard to the charge of retaining his majesties
fifth, it was proved that Cortes had fairly expended
it in the public service, together with 6000 crowns
of his own property. That the fifth which he
had retained for himself, was according to compact
with the soldiers; and as to the shares belonging to
the soldiers, it was well known that very little gold
was found in Mexico on its capture, as almost all
the wealth of the place had fallen into the hands
of our allies of Tlascala and Tezcuco. That the
torture given to Guatimotzin had been done by his
majesties officers, contrary to the inclination of
Cortes, in order to force a discovery of where the
treasures of Montezuma had been concealed. As
for the buildings, though certainly sumptuous, they
were intended for the use of his majesty and his successors,
and that the work had been carried on by the Indians,
under the order of Guatimotzin, as was always done
in building houses for the great in that country.
As to Alonzo de Avila having taken the commission
from Narvaez by force; it appeared there was no commission
among his papers, which consisted entirely of receipts
for the purchase of horses and the like; and farther,
that these papers had been taken without any order
from Cortes, who never saw any of them. As for
Tapia, it was urged, that if he had come to Mexico
and produced his majesties orders, they should have
been received and obeyed by Cortes with the utmost
humility: But that his incapacity was so notorious
to every one then in New Spain, that it was the universal
advice and desire of all that Cortes should retain
the command. As to the pilot Umbria, whose feet
had been cut off, this had been done in the due course
of justice, for having run away with his ship.
That Cardenas had consented along with all the rest
to give up his share of the gold, that the whole might
be sent to his majesty; and that Cortes had given
him 300 crowns from his own pocket, which was more
than he deserved, being a person of no consideration
and no soldier.
The court having duly weighed all the charges and
answers, the whole proceedings were reported to his
majesty, together with their opinion and sentence,
which were entirely in favour of Cortes, whose merit
and valour, and that of all the veteran conquerors
of Mexico, were highly praised. Velasquez was
enjoined silence in respect to his complaints against
Cortes, and was told that he might seek for the remuneration
of his expences by a legal process. Cortes was
declared governor-general of New Spain, pursuant to
the orders of the pope, and the court approved of the
arrangements which he had made in the country, authorizing
him to distribute and appoint the districts or repartimientos
in the way he thought proper. Narvaez was referred