When these things were reported to the King and his advisers, there was much indignation, and new and peremptory orders were sent to the governor, that involuntary service by the Indians was immediately to be abolished, and that the natives were to be free to work for whom they pleased, or not to work at all. Moreover, they were to be treated in all respects as well as the Spaniards themselves. This radical decree seems to have impressed the governor and bishop as going a little too far, and an appeal was made by common consent to the Council for the Indies, in Spain. That body was divided in opinion, but the majority of it inclined to a modification of the order, to which the King agreed. The governor and the bishop were directed to act together for the welfare of the natives, with a view to granting them ultimately entire liberty and equal rights. There was to be no more slavery. All the Indian slaves who had been brought to Cuba from other islands or from the mainland were to be released and returned to their homes. To hold such slaves, or to engage in the slave trade, was made a grave penal offense. The native Cubans who were held under the repartimiento system were not immediately to be released, but they were not to be transferred from one master to another, and upon the death of their master they were not to be bequeathed as chattels to his heirs, but were to be released. Moreover, if any of the proprietors were proved to be cruel to their native workmen, or neglectful of their interests, the natives were to be released from their authority and set at liberty. In all cases, the natives were to receive fair wages for their labor, and were not to be compelled to do any kind of work for which they were not suited or to which they objected. Finally, it was forbidden for the governor, the bishop, or any other functionary of state or church to hold native Cuban Indians in bondage, though negro slavery was apparently still permitted.
These regulations, put forward by the King and the Council for the Indies, were actually more far-reaching than the order of the crown which had been disputed, though they would not take effect so abruptly. The governor received them, and himself had them publicly proclaimed throughout the island; with prodigious effect. The whole island rose against them. Municipal councils and others officials, as well as planters and gold miners, protested against them, and pleaded for at least postponement of their enforcement until they could have an opportunity to appeal to the crown and to the Council for the Indies against them. To this plea for delay, De Avila acceded; to his own subsequent undoing, as we shall presently see. His own brother, Alfonso de Avila, turned against him, and went to Spain as the chief spokesman of the opponents of the new rules.
While the question of the Indians was thus held in suspension, De Avila turned his attention to other matters, largely matrimonial and domestic. On coming to Cuba, a young bachelor, he made his home in the house of the wealthy widow of Pedro de Paz. This lady, who had otherwise been much married, and who was by birth a member of the formidable Guzman family, whose name she now bore, was past fifty years old, or about twice the age of the young governor. Indeed, she had sons and daughters of about De Avila's age. It was therefore assumed to be quite permissible for the governor to live in her house. The arrangement proved in the end, however, to be disastrous. It was probably the lady's intention from the beginning to take the young man for her husband—her fourth or fifth. At any rate, his domestic association with her, while it could not compromise her reputation, did so compromise his that he could get none of the eligible young women of Cuba to marry him, although he sought the hands of several of them. So after a time, despairing of any other bride, and doubtless much impressed by the wealth of his mature hostess, he married her; and thereafter was her slave.
For the remainder of the ill-starred administration the lady was the real governor. A large part of her fortune was in Indian slaves, or in enterprises dependent upon their labor. Therefore it was she who was foremost in opposing the enforcement of the decrees for their emancipation. It was owing to her influence that De Avila acquiesced in their suspension. Then, when the matter was being appealed, it was she who constrained De Avila to leave Santiago for a tour of the island, ostensibly for inspection, but in reality to get away from Santiago, where the social atmosphere was not agreeable, and to settle in some more advantageous place.
That new place was found at Havana. Since the burning of it by French buccaneers that city had been rebuilt in a much more attractive style than Santiago, and society there was more hospitable to the governor's wife. A plausible excuse for settling there was, moreover, readily found. It was necessary, for the protection of the place against another French attack, that the valiant governor should remain there in person. For the furtherance of this purpose, he procured the free granting to him of a choice tract of land, and also the free gift of materials for building him a fine mansion. Whether the citizens of Havana gave the materials willingly, for the sake of having the governor of the island living among them, or under some sort of compulsion, may not certainly be declared. Two traditions have been extant. One was, that they gave the materials under compulsion, and that for that reason the governor's mansion was called the "House of Fear." The other was, that they gave them willingly, even eagerly, because of actual dread of another French descent; thinking that if the governor himself lived there, he would take all possible measures for the defence of the place; and that it was for that reason that it was called the "House of Fear."
After completing the house and living there for some time, however, De Avila deemed it politic to return to Santiago. His absence from the latter place had given rise to great dissatisfaction there and throughout all the eastern part of the island, where of course the majority of the population, of wealth and of political and other influence were still to be found. Indeed, protests had been lodged with the crown against what was described as the governor's abandonment of the lawful seat of government of the island. Suspicions of his unworthiness had already strongly arisen at court, and orders were sent for the Supreme Court of Hispaniola, which still had jurisdiction in Cuba, to investigate his conduct. The report was unfavorable, and in consequence the crown summarily appointed Antonio Chaves to succeed him as governor; directing Chaves to conduct a searching inquest into De Avila's administration without regard to the report already made by the agent of the supreme court of Hispaniola.
The sequel was the greatest public scandal that had thus far marred the history of Cuba. It was at the beginning of October, 1545, that Antonio Chaves was commissioned to be governor of Cuba, and it was at the beginning of June in the following year that he arrived at Santiago and entered upon the duties of his office. The first task was to investigate his predecessor, and this he performed with a thoroughness which seemed ferocious and which certainly suggests either some personal hatred of De Avila or a natural desire to be cruel and ruthless. He charged De Avila with having committed malfeasance of office for the furtherance of his wife's interests; with having engaged in commercial and industrial enterprises himself, to the detriment of public interests; with having established monopolies for enriching himself or his wife; with having both given and accepted bribes; with having intimidated local officials and the people; and with having, largely at the instance of his wife, neglected to enforce the order of the King for the emancipation of the natives.
It is quite probable that De Avila was guilty of most of these charges, particularly of those in which his wife was concerned. Certain it is that Antonio Chaves set about trying to prove them with a strenuous zeal which had never before been displayed. One of his first acts was to seize and search the governor's house; not merely in its public or semi-public offices but in its most private parts. The wardrobe of the governor's wife was ransacked, the furniture examined, the walls and floors sounded and even broken in quest of concealed treasure. To some of these proceedings the governor, or ex-governor, and his wife, too, attempted to offer physical resistance, but they were overpowered and bound while the search went on. Their