The Life and Voyages of Christopher Columbus (Volume II)

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 to 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 2d, 1506, and Almazan, Aug. 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 lather 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. [241]
    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 cavilers at the fair fame of Columbus. [242] Notwithstanding this decision, the wily monarch wanted neither means nor pretexts to delay the ceding of such vast powers, so repugnant to his cautious policy. The young admiral was finally indebted for his success in this suit to previous success attained in a suit of a different nature. He had become enamored of Doña Maria de Toledo, daughter of Fernando de Toledo, grand commander of Leon, and niece to Don Fadrique 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 “connections;” 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 dignities 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