volition determined here to plant a Spanish settlement, and had so planted it. By virtue of his office, and in the absence of any higher authority, the captain-general had chosen temporary officers for the new commonwealth. This was all. These men had elected to transform the army into a civil society, for temporary or permanent purposes as the case might be; and they had done so. But about their leader? What position did he occupy? A general without an army, de facto at the head of affairs, but by no legal right. Let him cut his own knot.
Hat in hand, before the new municipality, Cortés appeared and surrendered his commission. Authority, chief and absolute, was now vested alone in the ayuntamiento. Then with the modesty of Cincinnatus he retired.
It was then in order, on the part of the municipality, to choose a chief ruler and representative of royal authority. This could be done by the council alone, though in this instance, for obvious reasons, it would be better to secure the appointment by popular vote. Cortés felt safe enough either way. A glowing eulogy delivered by a fluent speaker was followed by such noisy demonstrations that the opposition found no opportunity to express their opinion.13 The following day a committee was sent to apprise Cortés of his election,14 in the name of their Catholic Highnesses, to the offices of captain-general, and of justicia mayor of the town. On appearing before the council to take the oath, the alcalde addressed Cortés, giving as reason for the appointment his loyalty, his worth, and his talents. The commission which was then given granted him one fifth of all treasure acquired by trade or conquest, after deducting the royal fifth. This was in consideration chiefly for his services as leader.15 Exitus acta probat. Las Casas insists that, since Cortés had no authority to form a settlement, his appointment of an ayuntamiento was illegal, and consequently their