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wary monarch to a compliance. Finding all appeals of his ideas of equity or sentiments of generosity in vain, he solicited permission to pursue his claim in the ordinary course of law. The King could not refuse so reasonable a request, and Don Diego commenced a process against King Ferdinand before the Council of the Indies, founded on the repeated capitulations between the Crown and his father, and embracing all the dignities and immunities ceded by them.

One ground of opposition to these claims was, that if the capitulation made by the sovereigns in 1492, had granted a perpetual viceroyalty in the Admiral and his heirs, such grant could not stand; being contrary to the interest of the state and to an express law promulgated in Toledo in 1480; wherein it was ordained that no office involving the administration of justice should be given in perpetuity; that therefore the viceroyalty granted to the Admiral could only have been for his life; and that even during that term it had justly been taken from him for his misconduct. That such concessions were contrary to the inherent prerogatives of the Crown, of which the government could not divest itself. To this Don Diego replied, that as to the validity of the capitulation, it was a binding contract and none of its privileges ought to be restricted. That as by royal schedules dated in Villa Franca, June 2, 1506, and Almazan, August 28, 1507, it had been ordered that he, Don Diego, should receive the tenths, so

equally ought the other privileges to be accorded to him. As to the allegation that his father had been deprived of his viceroyalty for his demerits, it was contrary to all truth. It had been audacity on the part of Bobadilla to send him a prisoner to Spain in 1500, and contrary to the will and command of the sovereigns, as was proved by their letter dated from Valencia de la Torre in 1502, in which they expressed grief at his arrest and assured him that it should be redressed and his privileges guarded entire to himself and his children.*

This memorable suit was commenced in 1508, and continued for several years. In the course of it the claims of Don Diego were disputed likewise, on the plea that his father was not the original discoverer of Terra Firma, but only subsequently of certain portions of it. This, however, was completely controverted by overwhelming testimony. The claims of Don Diego were minutely discussed and rigidly examined; and the unanimous decision of the Council of the Indies in his favor, while it reflected honor on the justice and independence of that body, silenced many petty cavillers at the fair fame of Columbus.† Notwithstanding this decision the wily monarch wanted neither means nor pretexts to delay the ceding of such

* Extracts from the minutes of the process taken by the historian Muñoz, MS.

+ Further mention will be found of this lawsuit in the article relative to Amerigo Vespucci.

VOL. V.-8

vast powers, so repugnant to his cautious policy. The young Admiral was finally indebted for his success in this suit to previous success attained of a different nature. He had become enamored of Dona Maria de Toledo, daughter of Ferdinand de Toledo, Grand Commander of Leon, and niece to Don Fabrique de Toledo, the celebrated Duke of Alva, chief favorite of the King. This was aspiring to a high connection. The father and uncle of the lady were the most powerful grandees of the proud kingdom of Spain, and cousins-german to Ferdinand. The glory, however, which Columbus had left behind rested upon his children, and the claims of Don Diego, recently confirmed by the Council, involved dignities and wealth sufficient to raise him to a level with the loftiest alliance. He found no difficulty in obtaining the hand of the lady, and thus was the foreign family of Columbus ingrafted on one of the proudest races of Spain. The natural consequences followed. Diego had secured that magical power called "connection "; and the favor of Ferdinand which had been so long withheld from him as the son of Columbus, shone upon him, though coldly, as the nephew of the Duke of Alva. The father and uncle of his bride succeeded, though with great difficulty, in conquering the repugnance of the monarch, and after all he but granted in part the justice they required. He ceded to Don Diego merely the digni ties and powers enjoyed by Nicholas de Ovando, who

was recalled; and he cautiously withheld the title of viceroy.

The recall of Ovando was not merely a measure to make room for Don Diego, it was the tardy performance of a promise made to Isabella on her death-bed. The expiring Queen had demanded it as a punishment for the massacre of her poor Indian subjects at Xaragua, and the cruel and ignominious execution of the female cacique Anacaona. Thus retribution was continually going its rounds in the checkered destinies of this island, which has ever presented a little epitome of human history; its errors and crimes and consequent disasters.

In complying with the request of the Queen, however, Ferdinand was favorable towards Ovando. He did not feel the same generous sympathies with his late consort, and, however Ovando had sinned against humanity in his treatment of the Indians, he had been a vigilant officer, and his very oppressions had in general proved profitable to the Crown. Ferdinand directed that the fleet which took out the new governor should return under the command of Ovando, and that he should retain undisturbed enjoyment of any property or Indian slaves that might be found in his possession. Some have represented Ovando as a man far from mercenary; that the wealth wrung from the miseries of the natives was for his sovereigns, not for himself; and it is intimated that one secret cause of

his disgrace was his having made an enemy of the all powerful and unforgiving Fonseca.*

The new Admiral embarked at St. Lucar, June 9, 1509, with his wife, his brother Don Fernando, who was now grown to man's estate and had been well educated, and his two uncles Don Bartholomew and Don Diego. They were accompanied by a numerous retinue of cavaliers, with their wives, and of young ladies of rank and family, more distinguished, it is hinted, for high blood than large fortune, and who were sent out to find wealthy husbands in the New World.†

Though the King had not granted Don Diego the dignity of viceroy, the title was generally given to him by courtesy, and his wife was universally addressed by that of vice-queen.

Don Diego commenced his rule with a degree of splendor hitherto unknown in the colony. The vicequeen, who was a lady of great desert, surrounded by the noble cavaliers and the young ladies of family who had come in her retinue, established a sort of court which threw a degree of lustre over the half savage island. The young ladies were soon married to the wealthiest colonists, and contributed greatly to soften those rude manners which had grown up in a state of society hitherto destitute of the salutory

• Charlevoix, ut supra, v. i., p. 272, id. 274.

↑ Las Casas, lib ii., cap. 49. MS.

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