The open cabildo was held on 22 May 1810; it was debated whether the viceroy should continue in office, and if not, who should replace him. The first opinion was from Bishop Benito Lue y Riega, who held that Cisneros should continue and that, if all of Spain was conquered by France, peninsulars were meant to rule in the Americas. Castelli made a counter-argument, based on the doctrine of the retroversion of the sovereignty of the people that he had already employed in the defense of Paroissien. He insisted that in the absence of a legitimate authority, sovereignty should be returned to the people; they should govern themselves. The idea of dismissing the viceroy ultimately prevailed, but as Buenos Aires had no authority to decide unilaterally the new form of government, they would elect a provisional government. A congress of deputies called from all other cities would take the final decision. However, there were disputes over who should exercise the provisional government: some argued that the Cabildo should do so, and others that it should be a Junta. Castelli bowed to Saavedra's proposal to form a Junta, but with the proviso that the procurator of the Cabildo, Julián de Leiva, had a decisive vote in the appointment. By adding this proviso, Castelli sought to add the former supporters of Martín de Álzaga, such as Mariano Moreno, Domingo Matheu, and Leiva himself.