When serenely advancing on one of these journeys, if any strange suspicious sights are seen, my lord whale keeps a wary eye on his interesting family. Should any unwarrantably pert young Leviathan coming that way, presume to draw confidentially close to one of the ladies, with what prodigious fury the Bashaw
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assails him, and chases him away! High times, indeed, if unprincipled young rakes like him are to be permitted to invade the sanctity of domestic bliss; though do what the Bashaw will, he cannot keep the most notorious Lothario
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out of his bed; for, alas! all fish bed in common. As ashore, the ladies often cause the most terrible duels among their rival admirers; just so with the whales, who sometimes come to deadly battle, and all for love. They fence with their long lower jaws, sometimes locking them together, and so striving for the supremacy like elks that warringly interweave their antlers. Not a few are captured having the deep scars of these encounters,—furrowed heads, broken teeth, scolloped fins; and in some instances, wrenched and dislocated mouths.
But supposing the invader of domestic bliss to betake himself away at the first rush of the harem’s lord, then is it very diverting to watch that lord. Gently he insinuates his vast bulk among them again and revels there awhile, still in tantalising vicinity to young Lothario, like pious Solomon devoutly worshipping among his thousand concubines. Granting other whales to be in sight, the fishermen will seldom give chase to one of these Grand Turks; for these Grand Turks are too lavish of their strength, and hence their unctuousness is small. As for the sons and the daughters they beget, why, those sons and daughters must take care of themselves; at least, with only the maternal help. For like certain other omnivorous roving lovers that might be named, my Lord Whale has no taste for the nursery, however much for the bower; and so being a great traveller, he leaves his anonymous babies all over the world; every baby an exotic. In good time, nevertheless, as the ardour of youth declines; as years and dumps increase; as reflection lends her solemn pauses; in short, as a general lassitude overtakes the sated Turk; then a love of ease and virtue supplants the love for maidens; our Ottoman enters upon the impotent, repentant, admonitory stage of life, forswears, disbands the harem, and grown to an exemplary, sulky old soul, goes about all alone among the meridians and parallels saying his prayers, and warning each young Leviathan from his amorous errors.
Now, as the harem of whales is called by the fishermen a school, so is the lord and master of that school technically known as the schoolmaster. It is therefore not in strict character, however admirably satirical, that after going to school himself, he should then go abroad inculcating not what he learned there, but the folly of it. His title, schoolmaster, would very naturally seem derived from the name bestowed upon the harem itself, but some have surmised that the man who first thus entitled this sort of Ottoman whale, must have read the memoirs of Vidocq,
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and informed himself what sort of a country-schoolmaster that famous Frenchman was in his younger days, and what was the nature of those occult lessons he inculcated into some of his pupils.
The same secludedness and isolation to which the schoolmaster whale betakes himself in his advancing years, is true of all aged Sperm Whales. Almost universally, a lone whale—as a solitary Leviathan is called—proves an ancient one. Like venerable moss-bearded Daniel Boone,
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he will have no one near him but Nature herself; and her he takes to wife in the wilderness of waters, and the best of wives she is, though she keeps so many moody secrets.
The schools composing none but young and vigorous males, previously mentioned, offer a strong contrast to the harem schools. For while those female whales are characteristically timid, the young males, or forty-barrel-bulls, as they call them, are by far the most pugnacious of all Leviathans, and proverbially the most dangerous to encounter; excepting those wondrous grey-headed, grizzled whales, sometimes met, and these will fight you like grim fiends exasperated by a penal gout.
The Forty-barrel-bull schools are larger than the harem schools. Like a mob of young collegians, they are full of fight, fun, and wickedness, tumbling round the world at such a reckless, rollicking rate, that no prudent underwriter would insure them any more than he would a riotous lad at Yale or Harvard. They soon relinquish this turbulence though, and when about three-fourths grown, break up, and separately go about in quest of settlements, that is, harems.
Another point of difference between the male and female schools is still more characteristic of the sexes. Say you strike a Forty-barrel bull poor devil! all his comrades quit him. But strike a member of the harem school, and her companions swim around her with every token of concern, sometimes lingering so near her and so long, as themselves to fall a prey.
CHAPTER LXXXIX.
Fast-Fish and Loose Fish.
T
he allusion to the waif 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 taken 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 authorised 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
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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,
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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 recognised symbol of possession; so long as the party waifing 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
ia
of the fist. True, among the more upright and honourable 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
ib
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
Littleton (c. 1422-1481).
by way of doxology
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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 door-plate for a waif; what is that but a Fast-Fish? What is the ruinous discount which Mordecai, the broker, gets from 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 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 harpooner, John Bull, is poor Ireland, but a Fast-Fish? What to that apostolic lancer, Brother Jonathan,
id
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 waifing 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 XC.
Heads or Tails.
“De balena vero sufficit, si rex habeat caput, et regina caudam.”
L
atin 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 Harpooner, must have the head, and the Queen be respectfully presented with the tail. A division which, in the whale, is much 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.