ADVENTURES OF CAPTAIN HORN
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.
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