Next day, the cabildo or council of Mexico, all the civil and military officers, and all the veterans who were present in the capital, were ordered to assemble; and in the presence of all these, the licentiate Ponce de Leon produced his commission from his majesty. Cortes kissed it, and placed it on his head as a mark of respectful submission, and all present declared their ready obedience. The licentiate then received from Cortes the rod of justice, in token of surrendering the government into his hands, saying: "General, I receive this government from you by the orders of his majesty; although it is by no means implied that you are not most worthy both of this and of a higher trust." The general answered, "That he was always happy in obeying the commands of his majesty, and was the more satisfied on the present occasion, because he would have an opportunity to prove the malice and falsehood of his enemies." De Leon replied, "That in all societies there were good and bad men, for such was the way of the world; and he trusted that both would be repaid in kind." This was all the material business of the first day. On the next, the new governor sent a respectful summons to Cortes, who accordingly waited upon him, and they had a long private conference, at which no one was present except the prior Ortiz: Yet it was believed that the conversation was to the following effect. De Leon observed, that it was the wish of his majesty that those who had most merit in the conquest of the country should be well provided for in the distribution of plantations, those soldiers who had first come from Cuba being more especially considered: Whereas it was understood that they had been neglected, while others who had newly arrived had been gratified with unmerited wealth. To this Cortes answered, that all had got shares in the division of the country; and that it could not be imputed to him that some of these had turned out of less value than others: But it was now in the power of the new governor to remedy this inequality. The governor then asked why Luis de Godoy had been left to perish in a distant settlement, when the veterans ought to have been allowed to enjoy the comforts of established possessions in Mexico, and the new settlements assigned to new colonists: And why Captain Luis Marin, Bernal Diaz, and other approved veterans had been neglected. Cortes answered, That for business of difficulty and danger, none but the veterans could be depended on: But that all these were soon expected to return to Mexico, when the new governor would have it in his power to provide for them. De Leon next questioned him rather sharply about his imprudent march against Christoval de Oli, which he had undertaken without permission from his majesty. Cortes said, That he looked upon that measure as necessary for his majestys service, as such an example might have dangerous effects on officers entrusted with subordinate commands; and that he had reported his intentions to his majesty before he set out on this expedition. De Leon questioned him likewise on the affairs of Narvaez, Garay, and Tapia; on all of which subjects Cortes gave such answers that the governor seemed perfectly satisfied.

Soon after this conference, Ortiz called on three very intimate friends of the general, and pretending to be actuated only by the most friendly desire to serve him, assured them that the governor had secret orders from the emperor to behead Cortes immediately; and that he, from private regard, and in conformity with the duties of his holy functions, had considered it to be his duty to give him this intelligence. He even desired an interview with Cortes next morning, and communicated the same information to him, accompanied with many protestations of regard and friendship. This assuredly gave Cortes a very serious subject of meditation: But he had already been informed of the intriguing character of the prior, and suspected all this proceeded from a wish to be bribed for his good offices with the governor; though some alleged that Ortiz acted by the secret directions of De Leon on this occasion. Cortes received this pretended friendly information with many thanks; but declared his belief that his majesty had a better opinion of his services, than to proceed against him in this clandestine manner; and that he had too high an opinion of the governor, than to believe he could proceed to such extremities without the royal warrant. When the prior found that his sly conduct did not produce the effect which he had expected, he remained so confused that he knew not what farther to say on the occasion. The new governor gave public notice, for all who had complaints to make against the former administration, to bring their charges, whether against Cortes, or any others of the civil or military officers. In consequence of this, a vast number of accusers, litigants, and claimants started up; among whom many private enemies of the general preferred unjust accusations against him, while others made just claims for what was really due to them. Some alleged that they had not received their just shares of the gold; others that they had not been sufficiently rewarded in the distribution of settlements; some demanded remuneration for their horses which had been killed in the wars, though they had already been paid ten times their value; and others demanded satisfaction for personal injuries. Just as the governor had opened his court to give a hearing to all parties, it pleased God, for our sins, and to our great misfortune, that he was suddenly taken ill of a fever. He remained four days in a lethargic state; after which, by the advice of his physicians, he confessed and received the sacrament with great devotion, and appointed Marcos de Aguilar, who had come with him from Spain, to succeed him in the government. On the ninth day from the commencement of his illness, he departed from this life, to the great grief of all the colonists, particularly the military, as he certainly intended to have redressed all abuses, and to have rewarded us according to our merits. He was of a gay disposition, and fond of music; and it is said that his attendants, while his illness was at the height, brought a lute player into his apartment, in hopes of soothing his distress. While a favourite air was playing, he was said to have beat time with perfect accuracy, and expired just when the tune was finished.

Immediately on his death, the enemies of Cortes in Mexico circulated the most malignant slanders against him, even going the length of asserting that he said Sandoval had poisoned the governor as he had before done with Garay. The most busy in propagating this malicious report was the Prior Ortiz. But the truth was, that the vessel which brought the governor and his suite from Spain was infected with the disease of which he died; above a hundred of the crew and passengers having died at sea or soon after landing; among whom, almost all the friars who came out at that time were carried off, and the contagion spread through the city of Mexico. Some of the principal people in Mexico objected against the appointment which the late governor had made of a successor; alleging that Marcos de Aguilar was only a bachelor and not a licentiate, and therefore incapable of acting in that capacity. The cabildo of Mexico insisted that Aguilar was incapable of executing the high office to which De Leon had appointed him, on account of his age and infirmities; as he was a diseased hectic old man, who was obliged to drink goats milk, and to be suckled by a woman to keep him alive; they recommended therefore that Cortes should be associated with him in the government: But Aguilar insisted on adhering strictly to the testament of his predecessor; and Cortes, for substantial private reasons, was entirely averse from taking any share in the authority. The enemies of Cortes insisted on the inquiry proceeding in the manner intended by the late governor; and Cortes readily assented to this, providing the new governor would take the responsibility on himself for acting contrary to the testament of his predecessor, who had left orders for him not to proceed with the business before the court, but that the whole should be laid before his majesty.