CHAPTER 89: Fast-Fish and Loose-Fish
The allusion to the waifs and waif-poles in the last chapter but one, necessitates some account of the laws and regulations of the whale fishery, of which the waif may be deemed the grand symbol and badge.
It frequently happens that when several ships are cruising in company, a whale may be struck by one vessel, then escape, and be finally killed and captured by another vessel; and herein are indirectly comprised many minor contingencies, all partaking of this one grand feature. For example,-after a weary and perilous chase and capture of a whale, the body may get loose from the ship by reason of a violent storm; and drifting far away to leeward, be retaken by a second whaler, who, in a calm, snugly tows it alongside, without risk of life or line. Thus the most vexatious and violent disputes would often arise between the fishermen, were there not some written or unwritten, universal, undisputed law applicable to all cases.
Perhaps the only formal whaling code authorized by legislative enactment, was that of Holland. It was decreed by the States-General in A.D. 1695. But though no other nation has ever had any written whaling law, yet the American fishermen have been their own legislators and lawyers in this matter. They have provided a system which for terse comprehensiveness surpasses Justinian's Pandects and the By-laws of the Chinese Society for the Suppression of Meddling with other People's Business. Yes; these laws might be engraven on a Queen Anne's farthing, or the barb of a harpoon, and worn round the neck, so small are they.
I. A Fast-Fish belongs to the party fast to it.
II. A Loose-Fish is fair game for anybody who can soonest catch it.
But what plays the mischief with this masterly code is the admirable brevity of it, which necessitates a vast volume of commentaries to expound it.
First: What is a Fast-Fish? Alive or dead a fish is technically fast, when it is connected with an occupied ship or boat, by any medium at all controllable by the occupant or occupants,-a mast, an oar, a nine-inch cable, a telegraph wire, or a strand of cobweb, it is all the same. Likewise a fish is technically fast when it bears a waif, or any other recognized symbol of possession; so long as the party wailing it plainly evince their ability at any time to take it alongside, as well as their intention so to do.
These are scientific commentaries; but the commentaries of the whalemen themselves sometimes consist in hard words and harder knocks– the Coke-upon-Littleton of the fist. True, among the more upright and honorable whalemen allowances are always made for peculiar cases, where it would be an outrageous moral injustice for one party to claim possession of a whale previously chased or killed by another party. But others are by no means so scrupulous.
Some fifty years ago there was a curious case of whale-trover litigated in England, wherein the plaintiffs set forth that after a hard chase of a whale in the Northern seas; and when indeed they (the plaintiffs) had succeeded in harpooning the fish; they were at last, through peril of their lives, obliged to forsake not only their lines, but their boat itself. Ultimately the defendants (the crew of another ship) came up with the whale, struck, killed, seized, and finally appropriated it before the very eyes of the plaintiffs. And when those defendants were remonstrated with, their captain snapped his fingers in the plaintiffs' teeth, and assured them that by way of doxology to the deed he had done, he would now retain their line, harpoons, and boat, which had remained attached to the whale at the time of the seizure. Wherefore the plaintiffs now sued for the recovery of the value of their whale, line, harpoons, and boat.
Mr. Erskine was counsel for the defendants; Lord Ellenborough was the judge. In the course of the defence, the witty Erskine went on to illustrate his position, by alluding to a recent crim. con. case, wherein a gentleman, after in vain trying to bridle his wife's viciousness, had at last abandoned her upon the seas of life; but in the course of years, repenting of that step, he instituted an action to recover possession of her. Erskine was on the other side; and he then supported it by saying, that though the gentleman had originally harpooned the lady, and had once had her fast, and only by reason of the great stress of her plunging viciousness, had at last abandoned her; yet abandon her he did, so that she became a loose-fish; and therefore when a subsequent gentleman re-harpooned her, the lady then became that subsequent gentleman's property, along with whatever harpoon might have been found sticking in her.
Now in the present case Erskine contended that the examples of the whale and the lady were reciprocally illustrative of each other.
These pleadings, and the counter pleadings, being duly heard, the very learned Judge in set terms decided, to wit,– That as for the boat, he awarded it to the plaintiffs, because they had merely abandoned it to save their lives; but that with regard to the controverted whale, harpoons, and line, they belonged to the defendants; the whale, because it was a Loose-Fish at the time of the final capture; and the harpoons and line because when the fish made off with them, it (the fish) acquired a property in those articles; and hence anybody who afterwards took the fish had a right to them. Now the defendants afterwards took the fish; ergo, the aforesaid articles were theirs.
A common man looking at this decision of the very learned Judge, might possibly object to it. But ploughed up to the primary rock of the matter, the two great principles laid down in the twin whaling laws previously quoted, and applied and elucidated by Lord Ellenborough in the above cited case; these two laws touching Fast-Fish and Loose-Fish, I say, will on reflection, be found the fundamentals of all human jurisprudence; For notwithstanding its complicated tracery of sculpture, the Temple of the Law, like the Temple of the Philistines, has but two props to stand on.
Is it not a saying in every one's mouth, Possession is half of the law: that is, regardless of how the thing came into possession? But often possession is the whole of the law. What are the sinews and souls of Russian serfs and Republican slaves but Fast-Fish, whereof possession is the whole of the law? What to the rapacious landlord is the widow's last mite but a Fast-Fish? What is yonder undetected villain's marble mansion with a doorplate for a waif; what is that but a Fast-Fish? What is the ruinous discount which Mordecai, the broker, gets from the poor Woebegone, the bankrupt, on a loan to keep Woebegone's family from starvation; what is that ruinous discount but a Fast-Fish? What is the Archbishop of Savesoul's income of 100,000 pounds seized from the scant bread and cheese of hundreds of thousands of broken-backed laborers (all sure of heaven without any of Savesoul's help) what is that globular 100,000 but a Fast-Fish. What are the Duke of Dunder's hereditary towns and hamlets but Fast-Fish? What to that redoubted harpooneer, John Bull, is poor Ireland, but a Fast-Fish? What to that apostolic lancer, Brother Jonathan, is Texas but a Fast-Fish? And concerning all these, is not Possession the whole of the law?
But if the doctrine of Fast-Fish be pretty generally applicable, the kindred doctrine of Loose-Fish is still more widely so. That is internationally and universally applicable.
What was America in 1492 but a Loose-Fish, in which Columbus struck the Spanish standard by way of wailing it for his royal master and mistress? What was Poland to the Czar? What Greece to the Turk? What India to England? What at last will Mexico be to the United States? All Loose-Fish.
What are the Rights of Man and the Liberties of the World but Loose-Fish? What all men's minds and opinions but Loose-Fish? What is the principle of religious belief in them but a Loose-Fish? What to the ostentatious smuggling verbalists are the thoughts of thinkers but Loose-Fish? What is the great globe itself but a Loose-Fish? And what are you, reader, but a Loose-Fish and a Fast-Fish, too?
CHAPTER 90: Heads or Tails
"De balena vero sufficit, si rex habeat caput, et regina caudam." BRACTON, L. 3, C. 3.
Latin from the books of the Laws of England, which taken along with the context, means, that of all whales captured by anybody on the coast of that land, the King, as Honorary Grand Harpooneer, must have the head, and the Queen be respectfully presented with the tail. A division which, in the whale, is m
uch like halving an apple; there is no intermediate remainder. Now as this law, under a modified form, is to this day in force in England; and as it offers in various respects a strange anomaly touching the general law of Fast-and Loose-Fish, it is here treated of in a separate chapter, on the same courteous principle that prompts the English railways to be at the expense of a separate car, specially reserved for the accommodation of royalty. In the first place, in curious proof of the fact that the above-mentioned law is still in force, I proceed to lay before you a circumstance-that happened within the last two years.
It seems that some honest mariners of Dover, or Sandwich, or some one of the Cinque Ports, had after a hard chase succeeded in killing and beaching a fine whale which they had originally descried afar off from the shore. Now the Cinque Ports are partially or somehow under the jurisdiction of a sort of policeman or beadle, called a Lord Warden. Holding the office directly from the crown, I believe, all the royal emoluments incident to the Cinque Port territories become by assignment his. By some writers this office is called a sinecure. But not so. Because the Lord Warden is busily employed at times in fobbing his perquisites; which are his chiefly by virtue of that same fobbing of them.
Now when these poor sun-burnt mariners, bare-footed, and with their trowsers rolled high up on their eely legs, had wearily hauled their fat fish high and dry, promising themselves a good 150 pounds from the precious oil and bone; and in fantasy sipping rare tea with their wives, and good ale with their cronies, upon the strength of their respective shares; up steps a very learned and most Christian and charitable gentleman, with a copy of Blackstone under his arm; and laying it upon the whale's head, he says-"Hands off! this fish, my masters, is a Fast-Fish. I seize it as the Lord Warden's." Upon this the poor mariners in their respectful consternation-so truly English– knowing not what to say, fall to vigorously scratching their heads all round; meanwhile ruefully glancing from the whale to the stranger. But that did in nowise mend the matter, or at all soften the hard heart of the learned gentleman with the copy of Blackstone. At length one of them, after long scratching about for his ideas, made bold to speak,
"Please, sir, who is the Lord Warden?"
"The Duke."
"But the duke had nothing to do with taking this fish?"
"It is his."
"We have been at great trouble, and peril, and some expense, and is all that to go to the Duke's benefit; we getting nothing at all for our pains but our blisters?"
"It is his."
"Is the Duke so very poor as to be forced to this desperate mode of getting a livelihood?"
"It is his."
"I thought to relieve my old bed-ridden mother by part of my share of this whale."
"It is his."
"Won't the Duke be content with a quarter or a half?"
"It is his."
In a word, the whale was seized and sold, and his Grace the Duke of Wellington received the money. Thinking that viewed in some particular lights, the case might by a bare possibility in some small degree be deemed, under the circumstances, a rather hard one, an honest clergyman of the town respectfully addressed a note to his Grace, begging him to take the case of those unfortunate mariners into full consideration. To which my Lord Duke in substance replied (both letters were published) that he had already done so, and received the money, and would be obliged to the reverend gentleman if for the future he (the reverend gentleman) would decline meddling with other people's business. Is this the still militant old man, standing at the corners of the three kingdoms, on all hands coercing alms of beggars?
It will readily be seen that in this case the alleged right of the Duke to the whale was a delegated one from the Sovereign. We must needs inquire then on what principle the Sovereign is originally invested with that right. The law itself has already been set forth. But Plowdon gives us the reason for it. Says Plowdon, the whale so caught belongs to the King and Queen, "because of its superior excellence." And by the soundest commentators this has ever been held a cogent argument in such matters.
But why should the King have the head, and the Queen the tail? A reason for that, ye lawyers!
In his treatise on "Queen-Gold," or Queen-pin-money, an old King's Bench author, one William Prynne, thus discourseth: "Ye tail is ye Queen's, that ye Queen's wardrobe may be supplied with ye whalebone." Now this was written at a time when the black limber bone of the Greenland or Right whale was largely used in ladies' bodices. But this same bone is not in the tail; it is in the head, which is a sad mistake for a sagacious lawyer like Prynne. But is the Queen a mermaid, to be presented with a tail? An allegorical meaning may lurk here.
There are two royal fish so styled by the English law writers– the whale and the sturgeon; both royal property under certain limitations, and nominally supplying the tenth branch of the crown's ordinary revenue. I know not that any other author has hinted of the matter; but by inference it seems to me that the sturgeon must be divided in the same way as the whale, the King receiving the highly dense and elastic head peculiar to that fish, which, symbolically regarded, may possibly be humorously grounded upon some presumed congeniality. And thus there seems a reason in all things, even in law.
CHAPTER 91: The Pequod Meets The Rose-Bud
"In vain it was to rake for Ambergriese in the paunch of this Leviathan, insufferable fetor denying not inquiry." SIR T. BROWNE, V. E.
It was a week or two after the last whaling scene recounted, and when we were slowly sailing over a sleepy, vapory, mid-day sea, that the many noses on the Pequod's deck proved more vigilant discoverers than the three pairs of eyes aloft. A peculiar and not very pleasant smell was smelt in the sea.
"I will bet something now," said Stubb, "that somewhere hereabouts are some of those drugged whales we tickled the other day. I thought they would keel up before long."
Presently, the vapors in advance slid aside; and there in the distance lay a ship, whose furled sails betokened that some sort of whale must be alongside. As we glided nearer, the stranger showed French colors from his peak; and by the eddying cloud of vulture sea-fowl that circled, and hovered, and swooped around him, it was plain that the whale alongside must be what the fishermen call a blasted whale, that is, a whale that has died unmolested on the sea, and so floated an unappropriated corpse. It may well be conceived, what an unsavory odor such a mass must exhale; worse than an Assyrian city in the plague, when the living are incompetent to bury the departed. So intolerable indeed is it regarded by some, that no cupidity could persuade them to moor alongside of it. Yet are there those who will still do it; notwithstanding the fact that the oil obtained from such subjects is of a very inferior quality, and by no means of the nature of attar-of-rose.
Coming still nearer with the expiring breeze, we saw that the Frenchman had a second whale alongside; and this second whale seemed even more of a nosegay than the first. In truth, it turned out to be one of those problematical whales that seem to dry up and die with a sort of prodigious dyspepsia, or indigestion; leaving their defunct bodies almost entirely bankrupt of anything like oil. Nevertheless, in the proper place we shall see that no knowing fisherman will ever turn up his nose at such a whale as this, however much he may shun blasted whales in general.
The Pequod had now swept so nigh to the stranger, that Stubb vowed he recognized his cutting spade-pole entangled in the lines that were knotted round the tail of one of these whales.
"There's a pretty fellow, now," he banteringly laughed, standing in the ship's bows, "there's a jackal for ye! I well know that these Crappoes of Frenchmen are but poor devils in the fishery; sometimes lowering their boats for breakers, mistaking them for Sperm Whale spouts; yes, and sometimes sailing from their port with their hold full of boxes of tallow candles, and cases of snuffers, foreseeing that all the oil they will get won't be enough to dip the Captain's wick into; aye, we all know these things; but look ye, here's a Crappo that is content with our leavings, the drugged whale there, I mean; aye, and is content too with scrapin
g the dry bones of that other precious fish he has there. Poor devil! I say, pass round a hat, some one, and let's make him a present of a little oil for dear charity's sake. For what oil he'll get from that drugged whale there, wouldn't be fit to burn in a jail; no, not in a condemned cell. And as for the other whale, why, I'll agree to get more oil by chopping up and trying out these three masts of ours, than he'll get from that bundle of bones; though, now that I think of it, it may contain something worth a good deal more than oil; yes, ambergris. I wonder now if our old man has thought of that. It's worth trying. Yes, I'm for it;" and so saying he started for the quarter-deck.
By this time the faint air had become a complete calm; so that whether or no, the Pequod was now fairly entrapped in the smell, with no hope of escaping except by its breezing up again. Issuing from the cabin, Stubb now called his boat's crew, and pulled off for the stranger. Drawing across her bow, he perceived that in accordance with the fanciful French taste, the upper part of her stem-piece was carved in the likeness of a huge drooping stalk, was painted green, and for thorns had copper spikes projecting from it here and there; the whole terminating in a symmetrical folded bulb of a bright red color. Upon her head boards, in large gilt letters, he read "Bouton de Rose,"-Rose-button, or Rose-bud; and this was the romantic name of this aromatic ship.
Though Stubb did not understand the Bouton part of the inscription, yet the word rose, and the bulbous figure-head put together, sufficiently explained the whole to him.
"A wooden rose-bud, eh?" he cried with his hand to his nose, "that will do very well; but how like all creation it smells!"
Now in order to hold direct communication with the people on deck, he had to pull round the bows to the starboard side, and thus come close to the blasted whale; and so talk over it.