Cortés sent Pedro de Alvarado, who proceeded to drive out most of the village’s population. The original Spanish settlers appealed to the Spanish crown to recognize the village they founded, which it did in 1526, with land divided among the Spaniards of Orozco’s expedition. However, this did not stop Cortés from driving out the population of the village once again and replacing the town council only three months after royal recognition. Once again, the original founders appealed to Spanish royal authority, this time to the viceroy in Mexico City, Nuño de Guzmán. This viceroy also sided with the original founders, and the town was refounded in 1529 as Antequera, in honor of Nuño de Guzmán’s hometown. Francisco de Herrera convened the new, Crown-approved town council, and the first layout of the settlement was mapped out by Juan Peláez de Berrio.
In the meantime, Cortés was able to obtain from the crown the title of the Marquis of the Valley of Oaxaca, which contains the disputed village. This permitted him to tax the area heavily, and to have control of the territory that surrounded the village. The village was then in a position of having to survive surrounded by villages which answered to Cortés. These villages not only did not take orders from Antequera, they were hostile to it, mostly likely encouraged by Cortés.
To counter this, the village petitioned the Crown to be elevated to the status of a city, which would give it certain rights, privileges and exceptions. It would also ensure that the settlement would remain under the direct control of the king, rather than of Cortés. This petition was granted in 1532 by Charles V of Spain.
After the Independence of Mexico in 1821, the city became the seat of a municipality, and both the name of the city and the municipality became Oaxaca, changed from Antequera. In 1872, “de Juárez” as added to the city and municipality names to honor Benito Juárez, who began his legal and
