# The adventures of Captain Horn/Chapter 52

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CHAPTER LII
THE CAPTAIN TAKES HIS STAND
It was now July, and the captain and Edna had returned to Paris. The world had been very beautiful during their travels in England, and although the weather was beginning to be warm, the world was very beautiful in Paris. In fact, to these two it would have been beautiful almost anywhere. Even the desolate and arid coast of Peru would have been to them as though it were green with herbage and bright with flowers.
The captain's affairs were not yet definitely arranged, for the final settlement would depend upon negotiations which would require time, but there was never in the world a man more thoroughly satisfied than he. And whatever happened, he had enough; and he had Edna. His lawyers had made a thorough investigation into the matter of his rights to the treasure he had discovered and brought to Europe, and they had come to a conclusion which satisfied them. This decision was based upon equity and upon the laws and usages regarding treasure-trove.
The old Roman law upon the subject, still adhered to by some of the Latin countries of Europe, gave half of a discovered treasure to the finder, and half to the ​crown or state, and it was considered that a good legal stand could be taken in the present instance upon the application of this ancient law to a country now governed by the descendants of Spaniards.
Whether or not the present government of Peru, if the matter should be submitted to it, would take this view of the case, was a subject of conjecture, of course, but the captain's counsel strongly advised him to take position upon the ground that he was entitled to half the treasure. Under present circumstances, when Captain Horn was so well prepared to maintain his rights, it was thought that the Peruvian authorities might easily be made to see the advisability of accepting a great advantage freely offered, instead of endeavoring to obtain a greater advantage, in regard to which it would be very difficult, if not impossible, to legally prove anything or to claim anything.
Therefore, it was advised that a commission should be sent to Lima to open negotiations upon the subject, with instructions to make no admissions in regard to the amount of the treasure, its present places of deposit, or other particulars, until the Peruvian government should consent to a satisfactory arrangement.
To this plan Captain Horn consented, determining, however, that, if the negotiations of his commission should succeed, he would stipulate that at least one half the sum paid to Peru should be devoted to the advantage of the native inhabitants of that country, to the establishment of schools, hospitals, libraries, and benefactions of the kind. If the commission should not succeed, he would then attend to the matter in his own way.
​Thus, no matter what happened, he would still insist upon his claim to one fifth of the total amount as his pay for the discovery of the treasure, and in this claim his lawyers assured him he could be fully secured.
Other matters were in a fair way of settlement. The captain had made Shirley and Burke his agents through whom he would distribute to the heirs of the crew of the Castor their share of the treasure which had been apportioned to them, and the two sailors had already gone to America upon this mission. How to dispose of the Arato had been a difficult question, upon which the captain had taken legal advice. That she had started out from Valparaiso with a piratical crew, that those pirates had made an attack upon him and his men, and that, in self-defence, he had exterminated them, made no difference in his mind, or that of his counsellors, as to the right of the owners of the vessel to the return of their property. But a return of the vessel itself would be difficult and hazardous. Whoever took it to Valparaiso would be subject to legal inquiry as to the fate of the men who had hired it, and it would be, indeed, cruel and unjust to send out a crew in this vessel, knowing that they would be arrested when they arrived in port. Consequently, he determined to sell the Arato, and to add to the amount obtained what might be considered proper on account of her detention, and to send this sum to Valparaiso, to be paid to the owners of the Arato.
The thoughts of all our party were now turned toward America. As time went on, the captain and Edna might have homes in different parts of the world, but their first home was to be in their native land.
​Mrs. Cliff was wild to reach her house, that she might touch it with the magician's wand of which she was now the possessor, that she might touch not only it, but that she might touch and transform the whole of Plainton, and, more than all, that with it she might touch and transform herself. She had bought all she wanted. Paris had yielded to her everything she asked of it, and no ship could sail too fast which should carry her across the ocean.
The negroes were all attached to the captain's domestic family. Maka and Cheditafa were not such proficient attendants as the captain might have employed, but he desired to have these two near him, and intended to keep them there as long as they would stay. Although Mok and the three other Africans had much to learn in regard to the duties of domestic servants, there would always be plenty of people to teach them.
In his prison cell Banker sat, lay down, or walked about, cursing his fate and wondering what was meant by the last dodge of that rascal Raminez. He never found out precisely, but he did find out that the visit of Professor Barré to his cell had been of service to him.
That gentleman, when he became certain that he should so greatly profit by the fact that an ex-brigand had pointed him out as an ex-captain of brigands, had determined to do what he could for the fellow who had unconsciously rendered him the service. So he employed a lawyer to attend to Banker's case, and as it was not difficult to prove that the accused had not even touched Cheditafa, but had only threatened to ​maltreat him, and that the fight which caused his arrest was really begun by Mok, it was not thought necessary to inflict a very heavy punishment. In fact, it was suggested in the court that it was Mok who should be put on trial.
So Banker went for a short term to prison, where he worked hard and earned his living, and when he came out he thought it well to leave Paris, and he never found out the nature of the trick which he supposed his old chief had played upon him.
The trial of Banker delayed the homeward journey of Captain Horn and his party, for Cheditafa and Mok were needed as witnesses, but did not delay it long. It was early in August, when the danger from floating icebergs had almost passed, and when an ocean journey is generally most pleasant, that nine happy people sailed from Havre for New York. Captain Horn and Edna had not yet fully planned their future life, but they knew that they had enough money to allow them to select any sphere of life toward which ordinary human ambitions would be apt to point, and if they never received another bar of the unapportioned treasure, they would not only be preeminently satisfied with what fortune had done for them, but would be relieved of the great responsibilities which greater fortune must bring with it.
As for Mrs. Cliff, her mind was so full of plans for the benefit of her native town that she could talk and think of nothing else, and could scarcely be induced to take notice of a spouting whale, which was engaging the attention of all the passengers and the crew.
The negroes were perfectly content. They were accustomed to the sea, and did not mind the motion ​of the vessel. They had but little money in their pockets, and. had no reason to expect they would ever have much more, but they knew that as long as they lived they would have everything that they wanted, that the captain thought was good for them, and to a higher earthly paradise their souls did not aspire. Cheditafa would serve his mistress, Maka would serve the captain, and Mok would wear fine clothes and serve his young master Ralph, whenever, haply, he should have the chance.
As for Inkspot, he doubted whether or not he should ever have all the whiskey he wanted, but he had heard that in the United States that delectable fluid was very plentiful, and he thought that perhaps in that blessed country that blessed beverage might not produce the undesirable effects which followed its unrestricted use in other lands.