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CHAPTER 8 - INTERNATIONAL LAW
TRUE/FALSE
2. As of 2007, the top 2 countries which traded goods with the United States were China and Japan.
4. Generally, consumers are not adversely affected by tariffs since tariffs affect wholesale prices, not
retail prices.
5. Ad valorem duty is based on the price actually paid for the good when sold for export to the United
States.
6. Although the United States government officially signed the GATT treaty, the United States Congress
has refused to ratify the agreement.
7. The European Union is the world’s most powerful regional association with 27 member nations as of
2010.
8. A contract involving the sale of goods from a Texas seller to a French wholesaler is necessarily
governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9. If the United States sets a limit on the number of cars that can be imported, this action is a form of
tariff.
10. It is a violation of United States law for a domestic company to pay money to a foreign governmental
official in order to obtain favorable influence of the foreign government.
12. Trein, Inc., a U.S. company entered into an exclusive distributorship agreement with Posty, Inc., a
Zambian company. This means that Trein will only use Posty to distribute products in Zambia.
13. Under European Union law, any agreement, contract, or discussion that distorts competition within
European Union countries is illegal.
14. International comity holds that the courts of one nation lack the jurisdiction to hear suits against
foreign governments.
15. The two principal requirements of the Foreign Corrupt Practices Act involve bribes and record
keeping.
MULTIPLE CHOICE
2. Benton Corporation imports European made goods from Fouchard SA into the United States. Who is
required to pay the duty on the imported goods?
a. The importer, Benton Corporation.
b. The exporter of the goods, Fouchard SA.
c. Each party pays one-half of the duty.
d. No one as the US and the EU signed a free trade agreement.
ANS: A PTS: 1 MSC: AACSB Analytic
3. The United States and Argentina have signed the Convention on Contracts for the International Sale of
Goods (CISG). Oxtron, Inc., a U.S. company, and Leer, an Argentinean company, have entered into a
contract under which Oxtron is to ship medical devices to Leer. The contract does not include a choice
of law provision. The contract will be governed by:
a. the CISG.
b. the UCC.
c. the domestic contract law of Argentina.
d. the domestic contract law of the United States.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking
4. The United States and Singapore have signed the Convention on Contracts for the International Sale of
Goods (CISG). Notren, Inc., a U.S. company, and SWT, a Singapore company, have entered into a
contract under which SWT is to ship party supplies to Notren. One of the terms of the contract states,
"The validity and performance of this contract will be governed by the Uniform Commercial Code
(UCC) of the state of New York, not the Convention of the International Sale of Goods (CISG)." The
contract will be governed by the:
a. CISG.
b. Uniform Commercial Code of New York.
c. common law.
d. World Trade Law.
ANS: B PTS: 1 MSC: AACSB Reflective Thinking
5. Oxtron, Inc., a U.S. company, and Leer, an Argentinean company, orally agreed to a contract under
which Oxtron is to ship medical devices to Leer. The contract is governed by the CISG. Which
statement is correct?
a. The contract is not enforceable because it is oral.
b. Whether the contract is enforceable without a written agreement depends on the value of
the medical devices.
c. Whether the contract is enforceable without a written agreement depends on whether the
medical devices are a necessity.
d. The contract is enforceable without a written agreement.
ANS: D PTS: 1 MSC: AACSB Reflective Thinking
6. In Avenues In Leather, Inc. v. United States, the federal appellate court ruled that the Calcu-Folio was,
for tariff classification purposes, a binder and not a briefcase. The classification of goods is significant
because:
a. the fair value will vary depending on the classification.
b. the tariffs will vary depending on the classification.
c. the subsidy will vary depending on the classification.
d. the dumping duty will vary depending on the classification.
ANS: B PTS: 1 MSC: AACSB Reflective Thinking
8. Lindell, Inc., a U.S. company, and Halden, AG, a German company, entered into a contract under
which Halden is to ship party supplies to Lindell. One of the terms of the contract states, "Any disputes
that arise under this contract will be resolved in the courts of Germany." This contract term is:
a. a forum selection clause.
b. a choice of law clause.
c. an arbitration clause.
d. not enforceable.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking
11. Zebra Toy Company, located in Chicago, sells $500,000 worth of toys to a London, England,
wholesaler. This contract could be governed by:
a. Illinois's Uniform Commercial Code.
b. English law.
c. the CISG.
d. All the above are correct.
ANS: D PTS: 1 MSC: AACSB Reflective Thinking
13. The primary goal of the North American Free Trade Agreement (NAFTA) is to:
a. allow Canada, the United States, and Mexico to compete as a common economic entity
against other countries in the world.
b. allow for the free and unrestricted movement of people from one country to another to
improve the labor market of all three counties.
c. eliminate almost all trade barriers between the three nations.
d. All the above are correct.
ANS: C PTS: 1 MSC: AACSB Analytic
14. What is a major difference between a United States lawsuit versus a French lawsuit?
a. In a French civil lawsuit, there is no right to a jury trial.
b. Unlike the US, the French legal system engages in extensive discovery procedures.
c. In a French lawsuit, the rules of evidence are less flexible.
d. All of the above are correct.
ANS: A PTS: 1 MSC: AACSB Analytic
16. Hardhat Machine Company sold goods to Irish Eyes Company of Northern Ireland. Big Bank issued a
letter of credit on behalf of Irish Eyes and the letter was given to Hardhat. The "account party" is:
a. Irish Eyes.
b. Hardhat Machine Company.
c. Big Bank.
d. None of the above.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking
17. Hardhat Machine Company sold goods to Irish Eyes Company of Northern Ireland. Big Bank issued a
letter of credit on behalf of Irish Eyes and the letter was given to Hardhat. The documents required by
the letter of credit are presented to the bank for payment while the goods are still in transit. Is Hardhat
entitled to be paid?
a. No, payment is not due until the goods are delivered.
b. No, payment is not due until 30 days after delivery.
c. No, payment is not due until the buyer has had a reasonable time to inspect the goods.
d. Yes, the letter of credit is a promise by the bank to pay when certain documents are
presented.
ANS: D PTS: 1 MSC: AACSB Reflective Thinking
18. As of 2007 figures, the country trading the most goods with the United States was:
a. Canada.
b. China.
c. Japan.
d. Mexico.
ANS: A PTS: 1 MSC: AACSB Analytic
19. Larson Cashmere Company invests a large sum of money in retail stores located in a foreign country.
Larson intends to bring its foreign earnings back home to the United States. This practice is known as:
a. repatriation of profits.
b. inflow profit streaming.
c. expropriation.
d. return of earnings.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking
20. The Austrian government has opened a tourist information center in New York City. If a dispute arises
over the lease of the storefront, may the landlord sue the Austrian government in the United States
courts?
a. Yes, because the Austrian government was engaged in a commercial activity.
b. No, because of the Foreign Sovereign Immunities Act which forbids U.S. courts from
hearing any cases involving foreign governments.
c. Yes, if the Austrian government signed a written waiver giving up its immunity.
d. Yes, as the Austrian government is a signatory on the CISG.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking
21. Jones Oil, a small United States oil company, started doing business in a foreign country. The foreign
country later decided to take over the oil industry, including Jones Oil's operation. The foreign country
paid Jones adequate compensation in United States dollars. The foreign country’s action is called:
a. confiscation.
b. repatriation.
c. expropriation.
d. retribution.
ANS: C PTS: 1 MSC: AACSB Reflective Thinking
22. Kjell is the vice president of international sales for Oxtren, Inc, a U.S. company. To secure a
multimillion dollar contract for his company, Kjell paid a Mongolian governmental officer $10,000.
Kjell:
a. has violated the Foreign Corrupt Practices Act.
b. has not violated the Foreign Corrupt Practice Act because the payment was a grease
payment.
c. has not violated the Foreign Corrupt Practices Act because the government official was
from Mongolia, not the United States.
d. has not done anything illegal because Congress has not ratified the Convention of
Combatting Bribery of Foreign Public Officials in International Transactions.
ANS: A PTS: 1 MSC: AACSB Reflective Thinking | AACSB Ethics
23. The Marcel Company is opening an office in Mexico. The cost to obtain electrical service is $500, but
the clerk suggests that service could be started faster if an additional $50 is paid, which the clerk will
keep. If the Marcel official pays the additional $50:
a. he will have violated the Foreign Corrupt Practices Act.
b. he will not have violated the Foreign Corrupt Practices Act because this would be
considered a “grease” or facilitating payment, which is legal.
c. he will be guilty of violating the Foreign Corrupt Practices Act only if the payment was
illegal under the written law of Mexico.
d. he will be guilty of violating both the Foreign Corrupt Practices Act and the Convention of
Combatting Bribery of Foreign Public Officials in International Business Transactions.
ANS: B PTS: 1 MSC: AACSB Reflective Thinking | AACSB Ethics
24. Archer Co. has decided it wants to expand into international business, but it is concerned about
expropriation of its property or losses caused by political unrest. Archer is considering purchasing
insurance through the Overseas Private Investment Corporation (OPIC). OPIC:
a. provides insurance, but the cost is relatively high.
b. provides insurance, but the list of countries in which it is willing to provide such
protection is fairly short.
c. has had remarkable success at no cost to the U.S. government.
d. insures against expropriation, but not against losses stemming from political violence.
ANS: C PTS: 1 MSC: AACSB Reflective Thinking
ESSAY
1. Explain what the General Agreement on Tariffs and Trade (GATT) is and give pro and con arguments
concerning this agreement.
ANS:
GATT refers to the General Agreement on Tariffs and Trade. The United States and 125 other
countries formally signed GATT in 1994. The general purpose of GATT is to eliminate trade barriers
between signatory countries and to bolster commerce.
Proponents of GATT claim that the United States will be a primary beneficiary since this country has
traditionally assessed lower tariffs than other countries. Accordingly, the U.S. will be able to compete
on a more level footing with foreign competitors. The result will be a great increase in world trade and
greater income for this country.
Opponents of GATT argue that this country will lose millions of jobs since labor-intensive goods will
be made via exploited labor in foreign countries. Given the low cost of production, American
companies will not be able to compete. Additionally, opponents claim that domestic job losses will be
in low-end employment, so those put out of work are the ones least able to find alternative
employment.
ANS:
The WTO was established by GATT. It has the authority to resolve trade disputes between signatory
countries. The WTO addresses primarily tariff violations or nontariff barriers. This international
"court" may order compliance from any nation violating GATT and may penalize countries by
imposing trade sanctions.
3. Laney, Inc. is interested in expanding its business overseas by licensing its intellectual property rights
to a German company. Discuss the precautions to take and risks to be aware of before making the
decision to enter into a licensing agreement.
ANS:
Laney should do this only if it is convinced the manufacturer will maintain sufficiently high standards.
Even so, there are two major issues. First, Laney must ensure that all of its patents and trademarks are
protected. Germany will honor both forms of American intellectual property rights, but not all
countries will. No company should establish a licensing arrangement without investigating. The WTO
should increase respect worldwide for the intellectual property rights created by all nations. Second, if
Laney grants an exclusive license to any foreign manufacturer, it could encounter antitrust problems. It
must analyze both EU and American antitrust law before taking the risk.
ANS:
The CISG applies to any contract for the sale of goods between two parties, from different countries,
each of which is a signatory. France and the US are both signatories. Under the UCC, a contract for the
sale of goods valued at over $500 must be evidenced in writing; under the CISG, an oral agreement is
enforceable despite the dollar amount involved. The UCC states an offer is irrevocable if it is in
writing and states the offer will be held open for a fixed period of time (this is called a UCC firm
offer); the CISG makes some types of offers irrevocable even if executed orally. The UCC does not
follow the mirror image rule relative to the acceptance of offers; the CISG recognizes the mirror image
rule. The UCC generally only permits money damages for a successful plaintiff; the CISG allows for
specific performance under a variety of situations.
5. MicroWare is a U.S. company based in Utah. It is negotiating to sell $4 million worth of computer
goods to a French company, Baranger. MicroWare’s attorney suggests that payment be by a letter of
credit. What is a letter of credit and why does MicroWare’s attorney recommend payment by letter of
credit?
ANS:
A letter of credit is a commercial device used to grant greater assurance of payment in international
transactions. The purpose for obtaining a letter of credit is to assure payment for the goods. Baranger is
the "account party" and MicroWare is the "beneficiary" of the letter. Baranger will instruct its bank to
issue a letter of credit to MicroWare. The letter of credit is a promise by Baranger’s bank to pay
MicroWare upon receipt of certain documents. If Baranger’s bank forwards the letter of credit to
MicroWare’s bank, the latter can confirm the letter of credit, thus providing MicroWare with even
greater assurance of payment.
6. Identify the term for and discuss the legality of a government’s taking of property owned by foreign
investors. Discuss what action a company might take if it wants to do business abroad but is concerned
about losing its property to a foreign government.
ANS:
A government’s taking of property owned by foreign investors is called “expropriation.” This practice
is common and is legal if there is adequate compensation. The U.S. government acknowledges that
expropriation of American interests is legal if the host government pays the owners promptly and fully
in dollars. If the compensation is long delayed, inadequate, or made in a local currency that is hard to
exchange, the taking is considered to be confiscation. The courts of almost all nations agree that
confiscation is illegal. A company wanting to do business abroad but concerned about expropriation
can purchase insurance. The Overseas Private Investment Corporation (OPIC) insures U.S. investors
against overseas losses resulting from political violence or expropriation. The OPIC insurance is
available to investors at relatively low rates and covers investments in almost any country.
The eight captives were kindly treated, and sent to Mexico with
peace proposals similar to those transmitted by the former captors;
but there came no reply. The secession of Chalco was a blow to the
Mexicans even more severe than the capture of Iztapalapan, owing
to the bad example to submissive and wavering provinces, and
Quauhtemotzin hastened with allurements and threats to reimpress
upon them the necessity for remaining true to the empire. These
messages were also sent to the towns round Tezcuco; and the
caciques of Coatlichan and Huexotla came to the Spanish camp in
great distress, to say that all Mexico was coming upon them. They
were doubtful whether to flee to the mountains or come to Tezcuco.
They were reassured and promised succor when required;
meanwhile they must entrench themselves and prepare the warriors.
The Mexicans did little, however, beyond making raids on farms and
stragglers from two towns,[1054] wherein they were entrenched, not
far from Tezcuco. This attack on the larder of the army could not be
endured, and Cortés went forth on two occasions to secure the
threatened crops for himself, driving off a force of marauders who
had come with quite a fleet in the expectation of a fine harvest, and
capturing their strongholds on the lake.[1055]
All this made communication with Tlascala insecure, and on last
leaving that province Sandoval had strictly forbidden any one to
cross to Tezcuco without a permit. It so happened that a vessel
arrived at Villa Rica with over thirty soldiers, besides the crew, eight
horses, and a quantity of war stores. Knowing how pleased Cortés
would be, a young soldier broke the rules, adventured his life, and
carried the tidings to the general, who freely forgave the
disobedience of orders. This young cavalier also reported that the
brigantines were completed and ready for transport. Since siege
operations could not begin until the brigantines were floated on
Tezcuco Lake, no time was to be lost, and Sandoval received orders
to proceed at once to Tlascala and convoy the precious train. In
going he must pass through Zoltepec, five leagues distant, near the
eastern border of Acolhuacan, and there inflict chastisement for the
murder of the Yuste party during the late uprising.
Sandoval set out with fifteen horse and two hundred foot. On the
way a house was passed bearing upon its wall the touching
inscription, “Herein the unhappy Juan Yuste was a prisoner.” The
inhabitants of Zoltepec, henceforth termed ‘pueblo Morisco,’ had
long expected this descent, and no sooner did the party appear in
sight than they hastened to the mountains. One body of soldiers
entered the town to plunder, and found among other things relics of
the dress, arms, and accoutrements of their slain comrades in one of
the temples.[1056] Another body pursued the fugitives, killing a few
and capturing a large number, chiefly women, who were enslaved.
Their pleading so moved the heart of Sandoval that he issued a
pardon to those who had escaped.
Meanwhile Martin Lopez, the master shipwright in Tlascala, had
arranged for the transportation of the brigantines. A trial launch had
been made of one or two above a dam thrown across Zahuatl River,
[1057]and this proving satisfactory they were broken up. Upon the
shoulders of eight thousand carriers were now loaded the separate
pieces of timber and planks, duly marked and numbered for fitting
them together; also the spars, cordage, sails, together with a
quantity of ammunition, two heavy guns, and other effects.[1058]
Gayly they bent to the burden wherein lay enginery so portentous for
the destruction of the hated Aztecs. The caravan set forth, escorted
by a large force of warriors, and halted at Hueyotlipan to await the
Spanish convoy. After a time the Tlascaltecs became impatient, and
regardless of warnings proceeded. While encamped near the border
an alarm was raised, and tumultuously the warriors rushed to arms
to protect a portion at least of the train which had cost such labor
and embodied such hopes. The next moment a cheer was heard. It
was Sandoval and his men.
With this new protection many of the Tlascaltec escort could be
dismissed, and the remaining twenty thousand were redistributed,
the rear being assigned to the leading chief, Chichimecatl, and the
flanks to Axotecatl and Teotepil.[1059]
It was a strange sight in those parts, this serpentine procession
as it wound its way across the Tezcucan border, along the narrow
defiles of the mountains,[1060] extending two miles from front to rear,
it is said. A fleet impelled by human agencies over mountain and
plain, through forest and dale, it was indeed a “cosa maravillosa,” as
Cortés expresses it. The feat of Vasco Nuñez stood repeated, but
magnified in some respects, in the number of the vessels, in the
distance of the journey, the lurking foe being ever present, and in the
audacity of purpose, the subjugation of the proudest metropolis on
all this vast continent. And great was the rejoicing at Tezcuco as the
caravan came in sight on the fourth day, arrayed in gala attire, with
brightly gleaming devices and ornaments, and waving plumage,
advancing in one long line to inspiring music. With a large retinue,
also in gala dress, Cortés went forth to meet them, and as the
procession passed into the city the Tlascaltecs rolled forth their
newly acquired Spanish vivas: “Viva el Emperador!” “Viva Malinche!”
“Castilla!” “Tlascala, Tlascala, Castilla!” The march past occupied six
hours, says Cortés. Ship-yards were prepared for the vessels on the
border of a creek or irrigation canal, which had been deepened and
widened for nearly half a league, fortified in places with timber and
masonry, and provided with dams and locks. This labor had
occupied eight thousand Tezcucans fifty days.[1061]
FOOTNOTES
[1013] Many favored Ayotzinco, near Chalco, which offered also a good launching
place for the vessels. Bernal Diaz, Hist. Verdad., 118.
[1014] Where now is the chapel of San Buenaventura. Camargo, Hist. Tlax., 176.
Yet Lorenzana says: ‘Por constante tradicion se trabajó en un Barrio de
Hueyothlipan, que llaman Quausimalán, que quiere decir, donde labran los Palos.’
Cortés, Hist. N. Esp., 167. But it is more likely to have been on the river passing
through Tlascala city, and near Matlalcueye Mount.
[1015] The timber came probably from the Matlalcueye slopes; the masts from
Hueyotlipan; the pitch from the pine woods near Huexotzinco, says Bernal Diaz,
where it was prepared by four sailors, for the natives did not understand its
manufacture. ‘Es la Sierra Matlalcuie,’ states Torquemada, Monarq. Ind., i. 524.
‘La brea se saca de ... la sierra de la Agua de Xalapa,’ near San Juan de los
Llanos. Bustamante, in Chimalpain, Hist. Conq., ii. 13. This applies rather to
colonial times. Bernal Diaz, Hist. Verdad., 118, 124, names a number of those who
aided in building. See also Mora, in Soc. Mex. Geog., Boletin, x. 302-3.
[1016] Bernal Diaz names several of the thirteen soldiers. The captain was
Francisco Medel. One of the men, Monjaraz, was said to have murdered his wife.
He kept aloof from all combat, but once he ascended a tower to look on, and was
that same day killed by Indians. Hist. Verdad., 118-19.
[1017] Such are in substance the famous regulations of Cortés. The document
was witnessed on the 22d of December by the leading officers, before Juan de
Ribera, ‘notary public in all the kingdoms of Spain,’ and was publicly read at the
review of the troops, the 26th, by Anton García, crier. The full text has been
reproduced in Icazbalceta, Col. Doc., i. 445-51, and Cortés, Escritos Sueltos, 13-
23, owing to the defects of the copy by Prescott, and the briefness and blunders of
earlier references to it.
[1018] ‘Quedò tal, que no boluio en si, ni pudo tragar en vn mes.’ Herrera, dec. ii.
lib. x. cap. xx. One soldier was lashed for imposing on an Indian, and another
degraded.
[1019] This is Cortés’ own account, with the exception that he gives the field-
pieces as eight or nine. Cartas, 165. Gomara says 540 infantry and nine guns.
Hist. Mex., 174. Vetancurt writes six guns, which may be a misprint. Teatro Mex.,
pt. iii. 150.
[1020] ‘Anqueras,’ as Spaniards call the covering, are still in use by rich horsemen
in Mexico, highly ornamented.
[1022] In Cortés, Cartas, 165-6, are given the main points of the speech, too brief
evidently for Gomara, who fabricates a verbose spiritless oration according to his
fancy, Hist. Mex., 174-5, while shorter versions are presented by Ixtlilxochitl,
Oviedo, Torquemada, and Clavigero.
[1023] See Native Races, ii. 405-12, for description of arms, banners, etc.
[1024] Herrera, who objects to Ojeda’s large figure, gives 60,000 archers, 40,000
shieldmen, and 10,000 pikemen, dec. ii. lib. x. cap. xx., and this Vetancurt accepts,
Teatro Mex., pt. iii. 150, while Solis reduces the men at the review to 10,000,
though he allows over 60,000 to join the march the following day. Hist. Mex., ii.
287-8.
[1025] If any there were who followed not of their free-will they should remain
behind. He had enough men as it was. The lords replied that they would rather be
drowned in the lake than return without victory. Torquemada, i. 526. On this
occasion may have been presented to the Tlascaltec battalion the red damask
banner, bearing on one side the crowned image of the virgin with the hands
uplifted in prayer, and on the other the royal arms of Castile and Leon, a banner
which Boturini obtained possession of with proofs of its genuineness. Catálogo,
75. Yet this design appears to belong to a standard borne by the Spaniards on
entering the conquered Mexico.
[1026] The chief motive for restricting the number was, according to Gomara, the
trouble of sustaining them. Hist. Mex., 176. Bernal Diaz mentions only 10,000
warriors, wherein he evidently does not include carriers. Hist. Verdad., 119.
Herrera increases the number to 80,000, under four captains, directed to a certain
extent by Ojeda and Juan Marquez. dec. ii. lib. x. cap. xx.
[1027] ‘Acordé de entrar por esta de Tezmoluca, porque ... el puerto dél era mas
agro y fragoso.’ Cortés, Cartas, 167. Yet Lorenzana adds a note of explanation
which shows that he misunderstands the text. Ixtlilxochitl calls the road
Tlepehuacan. Hist. Chich., 306. Through the Rio Frio Mountains. Chimalpain, Hist.
Conq., ii. 19. The present improved road from Vera Cruz to Mexico. Orozco y
Berra, in Noticias Mex., 255.
[1028] ‘Lugar de Enzinas.’ Herrera, loc. cit. Now San Martin Tezmeluca.
Bustamante, in Chimalpain, ubi sup.
[1029] Herrera leaves the impression that a new road was now opened to escape
the entrenchments and traps already formed by the enemy. But he is evidently
wrong.
[1030] ‘Prometimos todos de nunca dellas salir sin victoria, ó déjar allí las vidas.’
Cartas, 169. ‘We vowed, if God gave success, to act better in besieging the city.’
Bernal Diaz, Hist. Verdad., 119.
[1033] Ixtlilxochitl calls him in one place the brother of Cohuanacoch. Id., 299.
[1034] ‘As a spy,’ adds Cortés, Cartas, 176. Ixtlilxochitl states, contrary to Cortés,
that this general sent him to Tezcuco on the same errand as the previous envoy.
Hist. Chich., 306. But this appears a needless exposure of an important
personage.
[1035] Bernal Diaz states that Cortés nevertheless embraced the envoys, three of
whom were relatives of Montezuma. Hist. Verdad., 120.
[1037] Prescott says Nezahualpilli’s, but this was burned at this very time
according to the only authority on the point, Ixtlilxochitl, Hor. Crueldades, 10.
Brasseur de Bourbourg assumes that the allies stayed at Huexotla, which is
doubtful. Hist. Nat. Civ., iv. 402.
[1038] The stuffed skins of the five horses were found, and other things, offered to
the idol. Cortés, Cartas, 183. Strange that the Tezcucans should not have
removed so palpable evidence against them.
[1040] Real Cédula, 1551. In this cédula are named a number of the brothers, but
the pagan name is not given in every instance. Bernal Diaz and Torquemada
confirm this baptismal name for the ruler now appointed; Cortés writes merely
Fernando; Ixtlilxochitl adds Tecocoltzin; Sahagun gives the latter name and calls
him legitimate, as he was in a certain sense. Hist. Conq. (ed. 1840), 143.
Clavigero calls him Fernando Cortés Ixtlilxochitl; Chimalpain interpolates De
Alvarado in lieu of Cortés, but substitutes Tecocoltzin for Ixtlilxochitl in one place.
Hist. Conq., 21, 55. Vetancurt evidently accepts the true name, but applies the
baptism and appointment to Ixtlilxochitl. Teatro Mex., pt. iii. 152. The latter, who
succeeded to the Tezcucan rulership toward the end of 1521, received the name
of Fernando Pimentel, and it is this similarity of the first name that has led to the
pretty general confusion about the appointee. Lockhart actually attempts to rectify
the correct statement of Bernal Diaz with a blunder, Memoirs, ii. 411; and
Zamacois, in doing the same with the blundering Solis, gives a long note
amusingly erroneous. Hist. Méj., iii. 585.
[1041] Ixtlilxochitl states not wrongly that Tecocoltzin was chosen by general
request, but he adds that while the political horizon was so cloudy the electors
preferred that a legitimate heir like Ixtlilxochitl should not fill so dangerous a
position; nor did the latter care to rule while the elder brother lived. Hist. Chich.,
307; Hor. Crueldades, 11-13. Pretty good excuse for a prince who forcibly wrested
half the domain from Cacama. Brasseur de Bourbourg assumes that he feared to
be suspected of seeking a Spanish alliance merely to obtain the crown. Hist. Nat.
Civ., iv. 409. But this design he had long harbored, as even the abbé intimates at
times. He no doubt stood, with his strong character, as one of the powers behind
the throne. Cohuanacoch does not appear to have had much influence.
[1042] Solis takes this opportunity to elaborate a few of his specimen speeches.
Hist. Mex., ii. 315-16. ‘Fue el primero que en publico en Tezcuco se casò, y velò.’
Vetancvrt, Teatro Mex., pt. iii. 152.
[1043] Bernal Diaz differs somewhat, and gives the proportion of forces, attended
also by Alvarado and Olid. Hist. Verdad., 121. The Tlascaltecs numbered about
4000, and the Tezcucans, according to Ixtlilxochitl, from 4000 to 6000.
[1044] Gomara assumes that they sought to allure the Spaniards into the town.
Hist. Mex., 179.
[1046] Cortés states that he saw men cutting the dike as he entered the town, but
did not consider the significance until the water rose and recalled it to him. Cartas,
174.
[1047] So says Cortés, while Bernal Diaz assumes that two men and one horse
were lost, he himself receiving so severe a wound in the throat as to become an
invalid for some time. Hist. Verdad., 121. Solis refers to the affair as a glorious
victory.
[1048] Four, says Cortés, and Lorenzana enumerates several which may have
embraced them. Hist. N. Esp., 196. Brasseur de Bourbourg confounds some with
southern Chalco towns.
[1049] Duran states that the Chalcans had sent presents with offers of alliance
before the Spaniards crossed the mountain border. Hist. Ind., MS., ii. 491. But this
is doubtful. Ixtlilxochitl assumes that they appealed first to his namesake, as their
suzerain, and he advised submission to Cortés. Mizquic and Cuitlahuac appear to
have joined in the submission.
[1050] Bernal Diaz writes that two archers fell and seven of the foe. Owing to this
incident Sandoval left orders that no reënforcements from Villa Rica should
advance beyond Tlascala till further orders. Hist. Verdad., 122. Prescott wrongly
assumes that this attack occurred on the march to Chalco.
[1051] Ixtlilxochitl, Hist. Chich. 314. On another page, 307, he names Omacatzin
and four other caciques, and Chimalpain, several others, Hist. Conq., 36-7; but
they appear nearly all to be sub-caciques. Brasseur de Bourbourg calls the first
lord Itzcahuatzin.
[1052] He had served the Spaniards during the late uprising. Cortés, Cartas, 178-
9.
[1053] Bernal Diaz, Hist. Verdad., 123; Clavigero, Storia Mess., iii. 174. After
taking them back to Chalco, Sandoval escorted from Tlascala some Spaniards
and Don Fernando, the new ruler of Tezcuco.
[1055] Some of the raided fields were Mexico temple properties. One Spaniard
was killed and twelve wounded, while the Mexicans lost over a dozen, besides a
number of prisoners. Bernal Diaz, Hist. Verdad., 122-3. The caciques of the
captured strongholds came now to submit. The Aztecs recaptured them, and had
again to be driven forth. Cortés, Cartas, 180-1; Torquemada, i. 529.
[1056] ‘Dos caras que auian desollado ... quatro cueros de cauallos curtidos ...
muchos vestidos de los Españoles q̄ auiã muerto.’ Bernal Diaz, Hist. Verdad., 124.
[1057] Herrera, dec. iii. lib. i. cap. v., intimates that all were launched, as do
Camargo, Prescott, and others, but Torquemada observes that it would have been
needless injury to the timbers to put all together. Besides, all were made on one or
two models, the different pieces being shaped in exact imitation of those for the
models.
[1058] Ojeda, who appears to have rendered great service as interpreter and in
controlling the Tlascaltecs, was soon after rewarded with what he terms a
generalship over all the auxiliaries under Cortés. Herrera makes a special later
expedition of 5000 Tlascaltecs convey the guns and other effects, carried in
wooden beds by relays of twenty natives for each. dec. iii. lib. i. cap. vi.
[1059] The names are written in different ways by different authors. The former is
probably identical with the chief of Atlihuetzian, who afterward killed his two sons
for becoming Christians, says Clavigero, Storia Mess., iii. 176. Chimalpain calls
them brothers. Hist. Conq., ii. 26. Camargo, followed by Herrera, assumes that the
original native force was 180,000. Gomara and Ixtlilxochitl allow 20,000 to have
been retained, besides carriers; others give each of the chiefs 10,000 men, while
Bernal Diaz, who as a rule seeks to ignore the value of native aid, reduces the
number to 8000 warriors and 2000 carriers. Chichimecatl became quite indignant
at finding himself removed from the van. He was a lord of Tlascala, and had ever
been accustomed to posts of honor and danger. ‘For this very reason,’ replied
Sandoval, ‘have I placed you in the rear, for there the foe will be most likely to
attack.’ Though mollified in the main, Chichimecatl still grumbled, and considered
his army sufficient to guard the rear without the aid of the Spanish force attached
to his. Sandoval no doubt took the van, though Bernal Diaz states that he joined
the rear. Hist. Verdad., 124. Cortés implies that the change was owing to the risk,
in case of attack, to have in the van the cumbersome timber under Chichimecatl’s
care. Cartas, 184-5. Chimalpain supposes that the chief carried his points. Hist.
Conq., ii. 27.
[1060] North of Telapon, as the easiest route, is the supposition of Orozco y Berra,
in Noticias Mex., 256.
[1061] ‘Hizieronla quatro cientos mil hombres.’ Gomara, Hist. Mex., 191. That is,
8000 fresh men daily for 50 days, to judge by the figure. Ixtlilxochitl fails not to
adopt a number which speaks so well for the size of his province. Hist. Chich.,
307; Relaciones, 416. ‘La zanja tenia mas de dos estados de hondura y otros
tantos de anchura, y iba toda chapada y estacada.’ Cortés, Cartas, 206.
Bustamante claims to have seen traces of it, Sahagun, Hist. Conq., 66-7, as did
Lorenzana in his time. Cortés, Hist. N. Esp., 234. For the caulking of the vessels
cotton was also used, and for want of grease, human fat was obtained from slain
enemies, writes Gomara. Oidor Zuazo was assured of this pagan consecration for
the fleet. This has been denied by others, observes Oviedo, iii. 423-4; but there is
nothing improbable in a partial use thereof, for human fat had been frequently
used in other cases, as Cortés admits. Additional timber was obtained in
Tolantzinco, says Ixtlilxochitl.
CHAPTER XXXI.
PRELIMINARY CAMPAIGNS.
March-May, 1521.