# History of Mexico (Bancroft)/Volume 2/Chapter 18

Table of Contents
CHAPTER XVIII.
ESTABLISHMENT OF A VICEREGAL GOVERNMENT.
1535-1537.
Appointment of Mendoza — His Instructions and Prerogatives — Arrival and Reception of the First Viceroy — Inaugural Ceremonies — Retirement of the Oidores — Difficulties of the Administration — City Improvements — Defensive Measures — Apparent Weakness of the Spaniards — Proclivities and Condition of Negroes — Their Conspiracy and its Suppression — Muster of Spaniards in the Capital.
The sad failures attending the governing of this distant world which the Genoese had found and the Estremaduran had conquered, led Charles to bethink himself of other means. Would not a miniature court, having about it the sacred smell of royalty, the very embodiment of imperial power and prerogative, awe the turbulent spirits of New Spain into more courteous submission? And so it was determined that a viceroyalty would be the proper thing in this region.
Acting in accordance, therefore, with the wishes of his Majesty, who was in Flanders, the queen proceeded to select a person qualified both by birth and ability to fill so high a position. Her first choice fell upon the conde de Oropesa, who, however, under various pretexts declined the offer, as did also the mariscal de Fromesta. She next tendered the appointment to Manuel Benavides, but his exorbitant demands with respect to the power to be vested in him, and supplies of money, induced her Majesty to withdraw the nomination. The position was lastly offered to Antonio de Mendoza, who though he accepted it was detained ​several years in Spain before sailing for the seat of his government.
Though the Cortés party considered that the choice ought properly to have fallen upon the marqués del Valle, the crown did not evidently deem it prudent to invest with such power one whose possessions in the country were so extensive, his interests so large, and his friends so numerous. The selection of Mendoza, was, morever, a fortunate one. Of noble birth, being son of the second conde de Tendilla, and first marqués de Mondéjar, he was connected with the celebrated naval commander Bernardino de Mendoza, and the equally famous statesman and historian Diego Hurtado de Mendoza. Both as regards character and ability he was well fitted for the place, his governing capabilities being equalled by the integrity of his intentions. Austere in his habits, and practising abstinence to an extent injurious to his constitution, he never relaxed his exertions in the discharge of his duties, while the responsibility of his position increased his anxiety.
Besides his appointment as viceroy, Mendoza was created president of the audiencia in the place of Fuenleal, who was returning to Spain. This office did not, however, entitle him to vote in judicial matters, the administration of justice remaining in the hands of the oidores, whose provisions, sentences, and ​decisions had to be signed by the viceroy. In addition to these appointments he was constituted acting captain-general, and empowered to assume the corresponding functions should circumstances render such a_ step necessary. His privileges and prerogatives were most ample, and although he was advised to consult with the audiencia on matters of importance, he was fully authorized, after receiving their opinions, to act on his judgment. The instructions given him for his guidance were explicit. All affairs of the government were placed under his direction. The prelates were to be consulted on ecclesiastical matters, the establishment and extent of bishoprics, and the erection of churches; and a full report thereon was to be forwarded to the king. Clergymen who caused scandals were not to be tolerated in the province, and such as had been frairs were to be sent back to Spain; the limits of the bishopric of Oajaca, which it was proposed to erect, were to be determined; the church patronage enjoyed by the crown was to be upheld, particularly the right of presentation to all ecclesiastical positions; ecclesiastical judges could have no power to arrest and punish civilians, and the audiencia was empowered to interfere in cases of appeal. Convents were to be reformed, and not allowed to become places of refuge for criminals.
But though his Majesty was anxious for the proper spiritual government of his realm, his worldly interests were by no means left out of sight, and suggestions were made to promote the increase of the royal revenue. The capability of the natives to bear ​increased tribute was to be considered, as well as the question whether those portions of the country hitherto exempt could not be taxed. Moreover industries were to be encouraged for the promotion of the welfare of the country and the benefit of the royal treasury; the accounts of the royal officials were to be examined and the collection of all balances due was ordered. Instructions were also given for the erections of forts, and provisions were made with regard to arms in order to insure the safety of the country.
About the beginning of October 1535, Mendoza arrived at Vera Cruz, and preparations were made to receive him with becoming ceremony. He was conducted in great state to the capital, where he was sumptuously entertained by the authorities. Nevertheless the reception was quite tame as compared with later ones, when the viceroy was conducted with excessive pomp and pageantry, involving great expense, from Vera Cruz to the city of Mexico, the whole journey being a triumphal march, the road spread with palm-branches and spanned by arches of fresh evergreens and flowers; the entrance into Tlascala, Puebla, and all the principal towns on his route being signalized by martial music, and processions of multitudes of natives decked in brilliant colors and bearing aloft the banners and devices of their towns. High in front of the viceregal party there used to float a richly embroidered flag, on one side of which were worked the arms of the king and on the other those of the viceroy. The solemnity of the reception on ​each occasion was proportionate to the importance of the town; and as his successor approached the capital the outgoing viceroy left the city to meet him and resign the government into his hands.
On arrival at Chapultepec the viceroys used to halt, and in the evening proceed to the city, where the ceremony of taking possession would be performed with great solemnity. Then he was conducted first to the hall of the audiencia, after that to the hall of civil procedure, where the seal was delivered to him, the royal cédulas constituting his appointment were exhibited, and the oath was taken by him on the holy gospel. Then followed, on a day appointed for the purpose, his public entry into the city, on which occasion was displayed a costly magnificence in retinue and apparel. Near the church of Santo Domingo the ayuntamiento delivered to him the city keys beneath a triumphal arch, whence, under a canopy of state, he was conducted to the cathedral, where he was received by the archbishop in his pontifical robes. At the entrance another was usually erected for the occasion, beneath which a panegyric in verse was addressed to him. After the te deum the viceroy would proceed to the palace, and for several days the city would be gay with festivities, the night bright with fireworks, and the day one continuous round of bull-fights and other amusements.
​Soon after the arrival of the viceroy several members of the audiencia retired from office. Presidient Fuenleal, already advanced in years, had in 1532 requested permission to return to Spain, and the oidores Salmeron and Ceynos, for the same reason, were equally anxious to be relieved from their duties. By cédula dated November 13, 1535, Francisco de Loaisa was commissioned to take the residencia of the four oidores. On the 4th of February, 1536, this order was proclaimed with the usual form in the city of Mexico; but it does not appear that charges were preferred against any one except Quiroga, who was accused of having caused to be erected two hospitals, one at Santa Fé near the capital, and the other in Michoacan, the construction of which had brought great distress to the natives, whose houses had been destroyed to supply materials. Quiroga, however, vindicated his action by proving the great benefit that had been derived from the hospitals, especially from that in Michoacan, and in March 1536 he was formally exonerated by the juez de residencia.
Shortly after the favorable termination of their residencia, President Fuenleal and the oidores Salmeron and Ceynos returned to Spain. It is no more than a just tribute to their memory to acknowledge that they faithfully discharged the duties intrusted to them; that during their administration, in conjunction with their colleagues, the system of tyrannical misrule organized by their predecessors was broken; and that reforms of essential benefit were effected by ​them under circumstances which required the greatest prudence, good judgment, and courage.
It is refreshing to be able to speak well of one of Spain's rulers in America. Mendoza made every effort to carry out the instructions he had received. The duties of his position had been rendered somewhat less difficult of performance by the previous exertions of the second audiencia in the work of reform; nevertheless it was no easy matter to rule with satisfactory results a community divided into factions, whose opposing interests were asserted with jealous claims of merit and equal expectations of support. The number of provinces, and the varied condition of the native tribes in different parts, rendered it impossible to apply the same rules in all cases. Regulations which were beneficial and necessary in some districts were inapplicable in others; hence discontent and charges of capriciousness against the viceroy. Moreover, each ruler of a province and each encomendero wished the government to adopt his own particular views, and the advice offered to Mendoza was so multifarious that he found it the best plan quietly to listen to all without dissenting, and then do as he thought best, as contradiction on his part led to interminable wrangling. The adjustment of existing jealousies between the conquerors proper and the new settlers was a difficult task, but much more so was the enforcement of the new laws relative to the treatment of the natives; and though he was ​well aware of the necessity of extending to them protection, he advised the repeal of the laws. The excessive difficulties encountered in legislating for the benefit of the natives are aptly represented by Mendoza, who considered that the numerous experiments tried were enough to drive them to insanity.
Apart from the administration of political affairs the viceroy was occupied in carrying out improvements in the city of Mexico, and providing means of defence against outside and inside attack. The second audiencia had already executed certain works beneficial to the comfort of the inhabitants, such as the introduction of water into different parts of the capital, and the substitution of stone bridges for wooden ones. The aqueduct from Chapultepec to the city had also been begun by order of the oidores. The continuance of these improvements under a viceroy, and the prospects for the future of stability in the government, had naturally an effect upon the value of city real estate; and Mendoza informs the king, on the 10th of December, 1537, that rents and property had doubled in value since his arrival. The defensive ​measures adopted by him also contributed to this increase of prosperity. Besides steps taken to cast pieces of artillery from metal produced in the country, he proposed to erect on one of the causeways a fortress, which he considered would greatly contribute to the security of the city. Though this project does not seem to have been carried out, at Vera Cruz he began the erection of fortifications, as a defence against corsairs and for the purpose of providing facilities for the repair and security of vessels, which were frequently exposed on that coast to violent storms.
Protective measures against internal revolt were indeed of vital importance to his Majesty's domain, and instructions were from time to time issued, designed to keep the colonists on their guard. Owing to the scarcity of arms the position of the Spaniards at this juncture was by no means secure. The recognition of this want had not only impelled Mendoza to apply to ​the king for weapons of war, but also for permission to retain and purchase arms which were on the point of being withdrawn by adventurers from Pert. This apparent weakness of the Spaniards in New Spain was regarded by the negro population as offering a favorable opportunity to effect their destruction, and, with the coöperation of the natives, liberate the country from the Spanish yoke.
The vindictive character and hardihood of the African race had at an early day attracted the attention of the government to the danger to which the Indies were exposed by the importation of negro slaves. In proportion to the population their numbers were becoming alarming, and although their number in New Spain was relatively insignificant compared with that of the indigenes, it was such as to hold out to them, turbulent as they were and refractory by nature, a prospect of gaining their freedom. They were further emboldened by the knowledge which they obtained of the troubles that embarrassed the king, and by the arrival of vessels from Spain only at long intervals.
Their intercourse with the Indians, and the mutual ​sympathy which existed between the two races, offered a temptation to their unsubmissive proclivities. Accordingly a plot was formed to massacre the Spaniards and, in alliance with the natives, gain possession of the country. The head-quarters of the conspirators was in the city of Mexico, and there they held meetings, elected a king, and formed their plans in connection with those of their race located at the mines and outside towns. One of their number, however, informed she viceroy of the plot, and Mendoza by judicious management succeeded in arresting the already elected king and the ringleaders. Confessions opened their eyes to the danger escaped. The Spaniards in the mining districts and country towns had already been put upon their guard, and other arrests were made outside the capital. Twenty-four of the captured conspirators were hanged and quartered. Although no complicity could be proved against the Indians, investigation left little doubt that they were aware of the plot, and that, had the negroes broken into overt acts, the natives would have given their aid.
It was now deemed dangerous to import negroes, and the viceroy requested the king to prohibit the trafic. Moreover, to arouse the settlers from their apathy, and inform himself of powers for defence, he ordered a muster in the city, at which six hundred and twenty horsemen presented themselves, four hundred and fifty of whom were well equipped and fit for service. There was also an equal number of footsoldiers, well conditioned.
* ↑ He received the appointment in 1530, Beaumont, Crón. Mich., iii. 539, but did not arrive in Mexico before 1535. From Puga it appears that his appointment was formally made out April 17, 1535. Cedulario, 98-9.
* ↑ Herrera, dec. v. lib. ix. cap. i.; Beaumont, Crón. Mich., iii. 540-1.
* ↑ He was assigned a salary of 6,000 ducados, 3,000 of which he received as viceroy and 3,000 as president of the audiencia. He was, moreover, allowed 2,000 ducados for the expenses of his body-guard. Puga, Cedulario, 98-9. In 1614 this salary was raised to 20,000 ducats, pay for six months being allowed for the voyage out, and a similar amount for the expenses of returning. Álaman, Disert., iii. app. 25. The 6,000 ducados, at 375 maravedis each, were equal to 5,000 pesos de minas at 450 maravedís, and the laborious investigator Clemencin estimates the value of the pesos de minas in 1497 to have been nine dollars and seventy-five cents, so that Mendoza's salary would be about equivalent to 48,750 dollars of modern coin. But the purchasing power of coin then 'was in some directions five or ten times greater than at the present day; so that it is impossible to estimate accurately the value of coin then as compared with the present. Mem. Valor Moneda, MS., 501 et seg.
* ↑ The payment of church tithes by the natives was to be closely investigated, and an estimate made of what portion of them ought to revert to the crown. It was ordered, also, that in the existing convents the natives should receive better instructions, Pacheco and Cárdenas, Col. Doc., xxiii. 426-45; and they were to be encouraged in industrious habits, and to collect themselves into communities. No arms were to be sold to the natives, nor were they to be taught to manufacture them. Spaniards settled in Mexico were to keep offensive and defensive arms in their houses, and negroes were forbidden to carry weapons either publicly or secretly. Herrera, dec. v. lib. ix. cap. i. and ii.
* ↑ Mendoza, among other orders, was instructed to search for buried treasures in the great temples of Mexico, the king having been informed that native nobles had been buried there with great riches. The question of sending slaves from Spain or elsewhere to work in the mines was also to be examined Id.
* ↑ Herrera only mentions the year without giving the month. Id. Torquemada says in 1534, Monarg. Ind., i. 608; followed by Figueroa, Vindicias, MS., 126, Vetancurt, Trat. Mex., 7, and several minor authorities. Padre Medina assigns the 15th of August, 1535, as the date of his arrival in Mexico, Chron. de San Diego de Mex., 233; but the acts of the ayuntamiento of Mexico show that on the 13th of October dispositions were made for the reception of Mendoza, and on the 17th the commission made a report of the conference held with him, Presuming that the conference was held on the 16th, his arrival probably took place on the 15th. Zamacois accepts this date. Hist. Méj., iv. 586; and Rivera, Gob. Mex., i. 29.
* ↑ Each viceroy was the bearer of a sealed letter, Called the pliego de mortaja, addressed to the audiencia, and which could be opened only in case of his death while in office. This document designated the person whom the crown appointed to succeed him under such an event.
* ↑ The expenses of these inaugurations in time became excessive, amounting to as high as 26,000 pesos. The king, by royal cédula of May 6, 1688, limited the sum to be employed for this purpose to 8,000 pesos. Ordenes de la Corona, MS., i. 9-11. On account of the disputes which occurred on the entry of the viceroy Galvez, in 1783, the court ordered that in future the procession on horseback into the city should be discontinued, and thenceforth the ceremony terminated, and the viceroy and accompanying authorities entered the city from Guadalupe in carriages, the garrison being drawn out in the streets, The respective oaths were taken in the council-chamber, and the ayuntamiento paid the expenses of banquets and other festivities. These still amounted to the great sum of 14,000 pesos, and the second count of Revilla Gigedo advised his successor to suppress them. Alaman, Disert., iii. app. 99. In former times it had been the custom for the authorities of the capital, including the tribunal of the inquisition, to meet the viceroys at Chapultepec, where they were entertained with bull-fights and festivities, but from the tenor of a royal cédula of 1761 it appears that before that year Chapultepec had ceased to be the halting-place before their solemn entry into the city. Reales Cédulas, MS., i. 105.
* ↑ On the 19th of the same month an order was addressed to the viceroy directing him to return their staffs of office to the oidores on the event of their residencia being satisfactory. From the day on which the varas were given back to them they could continue to receive their annual salary of 500,000 maravedís. Puga, Cedulario, 110.
* ↑ Beaumont, Crón. Mich., iii. 316-17, iv. 315-49.
* ↑ Bernal Diaz says that the new audiencia 'no entendian sino solamente en hazer lo que Dios, y su Magestad manda.' Hist. Verdad., 230.
* ↑ Speaking of President Fuenleal, Gonzalez Dávila attributes to his care and prudence all the good that was effected in New Spain during this period, and adds that he returned to the Peninsula without gold or silver. Teatro, Ecles., i. 262. On his return he was appointed to the see of Tuy; afterward. he was made bishop of Leon, and finally of Cuenca on the 25th of July, 1542. At the same time he was chosen president of the audiencia of Valladolid, where he died January 22, 1547. He was buried in the Dominican convent of Santa Cruz, founded by himself in his native place. Bernal Diaz, Hist. Verdad., 230; Herrera, dec. v. lib. ix. cap. i.; Oviedo, iii. 534-5; Torquemada, 1 608; Cartas de Indias, 829-30.
* ↑ 'En verdad,' says Mendoza to his successor, 'que si hubiese de hacer lo que se aconseja, que ya la tierra estuviera trastornada de abajo arriba viente veces.' Relacion, 11 Pacheco and Cárdenas, Col. Doc., vi. 509-11.
* ↑ The general outcry against these laws impelled Mendoza to act contrary to his feelings. 'Tengo harto escrupulo,' he writes to the king, 'de dar parescer que V. M. los quite de su cabeza;' and he goes on to state that on one occasion when in 1537 he had transferred certain Indians to the care of the royal treasurer they wept for joy. Pacheco and Cárdenas, Col. Doc., ii. 205-6.
* ↑ 'Y en lo de los indios, son tantas las mudanzas, que algunas veces he dicho que los hemos de volver locos con tantos ensayos.' Mendoza, in Id., Vi. 510. Oue of Mendoza's first actions was to induce certain prominent encomenderos to exchange towns which it was important that the crown should control — such as Cholula and Huexotzinco — for encomiendas in the interior. The principal incentive to the assignees was the expectation that much gold existed in the new districts assigned to them. 'The encomenderos, however, soon repented of their bargain and reclaimed the towns they had surrendered, but in vain. Torquemada, 1. 613-14.
* ↑ Fuenleal, writing in September 1532, stated that these improvements would be finished during the next month. Pacheco and Cárdenas, Col. Doc., xiii. 235.
* ↑ The queen, by cédula of November 13, 1535, ordered the viceroy to complete it, as being most necessary for the convenience of the inhabitants, Puga, Cedulario, 109. Its completion, however, was not the result of a limited number of years, and indeed work at this aqueduct has been going on, from time to time, ever since its commencement.
* ↑ Ternaux-Compans, Voy., série ii. tom. v. 260; Pacheco and Cárdenas, Col. Doc., ii. 200. Arrangements were made with the different religious orders that the construction of their buildings should be conducted on proper plans so as to insure the erection of good edifices. Id., vi. 513.
* ↑ Mendoza reports to the king December 10, 1537, that there is abundance of metal in the country for the manufacture of artillery, but that skilled workmen are wanted to extract and smelt it. He therefore requests that such be sent from Spain. Id., ii. 183; Florida, Col. Doc., 121.
* ↑ He moreover recommended the building of a strong fortification on the Calzada de Tacuba, containing apartments for the audiencia, a foundery, mint, and arsenal. Such a fortress he believed could be constructed for 9,000 pesos, the sum which had been paid Cortés for houses for the audiencia. Id. This work, however, had not been commenced in 1540, and Mendoza that year describes the old fortress as in a ruinous condition and of no further use for the purpose it was intended, namely, as an arsenal and dock-yard, since the lake was quite dry. Pacheco and Cárdenas, Col. Doc., ii. 357. He had in 1537 stated that, from the same cause, it could be removed to no place that would enable the brigantines to be of any service. Id., 182-3.
* ↑ The India Council had, as early as 1526, deemed it advisable to order the building of forts in America as a protection against pirates. Herrera, dec. iii. lib, x. cap. ix.
* ↑ To defray the expenses of these works he laid an impost upon the merchandise imported from Spain, and borrowed 2,000 pesos with which to begin operations. The viceroy, however, met with difficulties and delays: some Basque workmen whom he had employed died; and Sancho de Piniga, master of a vessel bound for Spain, attempted to steal 2,000 pesos de minas which Mendoza intrusted to his care for the purchase of tools. He was detected and imprisoned, but managed to escape. These mishaps retarded the work, and in December 1537 Mendoza requested the king to send out competent men, Florida, Col. Doc., 123-5.
* ↑ The queen in November 1535 ordered arms to be distributed among the settlers in the city of Mexico, Puga, Cedulario, 109-10.
* ↑ In December 1537 he informs the king that no arms had been received by him from the royal officials at Seville, to whom the matter had been intrusted. Pacheco and Cárdenas, Col. Doc., ii. 200.
* ↑ In 1523 it was ordered that the number of negroes should only be in the proportion of one to three Spaniards, and that the latter should be well armed; 'porg a causa de auer muchos mas negros, q Christianos en las islas, y auerse comencado a desuergoncar.' Herrera, dec. iv. lib. v. cap. vili. Later other precantionary laws were passed, In 1551 negroes were prohibited from carrying arms. By order of 1542 they were not permitted to be out of doors at night. Recop. de Ind., ii. 363-4. In 1575 they were forbidden to live in Indian towns, and negroes without occupation were to be sent to work in the mines. As the necessity of more stringent laws became apparent, it was ordered, in 1612, that they should not congregate in companies of more than three, while only four negro men and four women were allowed to attend at the funerals of those of their race. Montemayor, Svmarios, 208, pt. iu. 45-6. Nevertheless the negroes in many matters met with consideration, and inducements to become quiet members of the community to which they belonged. By a royal letter to the authorities of New Spain, dated November 1526, we learn that it was considered advantageous to allow them to marry, and after a certain period of service even to purchase their freedom. Puga, Cedulario, 20. Marriage was to be encouraged among them, but the act of marriage did not confer freedom. Recop. de Ind., ti. 361.
* ↑ The viceroy in his letter to the king of December 10, 1537, alluding to 'las guerras y necesidades que V. M. tiene,' remarks, 'y viene á noticia de los negros y de indios, sin que se les encubra nada.' He also advises the king to send vessels regularly, so that news from Spain might be received frequently. Such communication would contribute greatly to the content and quiet of the people. Pacheco and Cárdenas, Col. Doc., ii. 199.
* ↑ Many of the negroes fled, four of whom with one woman were killed by the Indians, who salted their bodies and brought them to Mendoza, because he had ordered the fugitives to be taken dead or alive. Id., 198. 'En este año de 6 Casas y de 1537 se quisieron alzar los Negros en la Ciudad de Mexico, de los quales áhorcaron los inventores de ello.' Cod. Tell. Rem., in Kingsborough's Mex. Antig., v. 155.
* ↑ These numbers do not represent the whole Spanish male population in the capital at this time, because there were 'otros muchos que, por indisposicion y otros impedimentos justos, dejaron de salir.' Pacheco and Cárdenas, Col. Doc., ii. 199-200.