Oñate and Ponce de León 
393 
He says also that the inspection and muster which was to have been 
made by the captain of the guard after passing the last settlements was not 
made, and it was the opinion of the Audiencia that it should not be made 
if it should be learned that Don Juan had sufficient funds to carry out his 
agreement, so that he should not acquire the right to the recompense which 
he might ask for, but that if Don Juan demanded it, under protest that he 
would otherwise do it himself before a clerk, the said captain of the guard 
should do it, in order not to give opportunity for any deceit and fraud. 
He says also that he regarded with anxiety the expenses which are 
being caused to the real hacienda by the said captain of the guard and his 
officials, but that it was not the opinion of either himself or the Audiencia 
that he should be ordered to return, for, as it is not advisable to take the 
inspection and muster now, for the aforesaid reasons, it would be neces¬ 
sary to send him back there in case it is ordered that Don Juan shall con¬ 
tinue the journey, and especially since the men, in case they should see the 
said captain of the guard depart, would learn the truth and everything 
would be broken up. 
The said viceroy also sent, besides the aforesaid, a paper of notes on 
the opinions of himself, the Audiencia, and other persons in regard to this 
business, so that they may be considered in case an agreement has been or 
shall be made with Don Pedro Ponce for this expedition. The substance 
of it is as follows: 
The injury to Don Juan de Oñate if the contract and agreement made 
with him by Don Luís de Velasco, in accordance with the ordinances and 
the special order of his Majesty, should fail of fulfillment, without there 
having been any fault on his part. 
If the expedition has been made, by right and justice he can claim the 
interest on the expenses which he has incurred and his Majesty will be 
compelled to pay it from his hacienda. 
The inconvenience which it will be for many of the relatives and friends 
of Don Juan whom he was taking with him and who must have spent their 
fortunes, and for others who had helped him with theirs. 
The disturbances that will follow from the scattering of the men and 
the outrages that will result, those who were previously dissolute becoming- 
worse. 
That from the place where the men now are they will have to return, 
in disorderly bands, through the whole country of the Chichimecos, and 
it is to be feared that since many of them are criminals, they will remain 
in the woods as robbers and highwaymen, and will incite the Indians to 
do the same, or ill-treat them and disturb the peace so recently concluded. 
It is to be feared that some of the men will enter the country without 
orders and ill-treat the Indians and discredit the religion and our nation, 
or that they will join Captain Leyba, who is wandering about there, and 
will afterwards resist anyone who may enter. 
The annoyances which the country has had with the recruiting and 
conduction of those men would be felt still more if done a second time. 
That the expedition will be discredited and there will be no men in that 
country who will be willing to take charge of another nor any to follow 
them. 
