Герман Мелвилл
Moby Dick
CHAPTER 88. Schools and Schoolmasters.
The previous chapter gave account of an immense body or herd of Sperm Whales, and there was also then given the probable cause inducing those vast aggregations.
Now, though such great bodies are at times encountered, yet, as must have been seen, even at the present day, small detached bands are occasionally observed, embracing from twenty to fifty individuals each. Such bands are known as schools. They generally are of two sorts; those composed almost entirely of females, and those mustering none but young vigorous males, or bulls, as they are familiarly designated.
In cavalier attendance upon the school of females, you invariably see a male of full grown magnitude, but not old; who, upon any alarm, evinces his gallantry by falling in the rear and covering the flight of his ladies. In truth, this gentleman is a luxurious Ottoman, swimming about over the watery world, surroundingly accompanied by all the solaces and endearments of the harem. The contrast between this Ottoman and his concubines is striking; because, while he is always of the largest leviathanic proportions, the ladies, even at full growth, are not more than one-third of the bulk of an average-sized male. They are comparatively delicate, indeed; I dare say, not to exceed half a dozen yards round the waist. Nevertheless, it cannot be denied, that upon the whole they are hereditarily entitled to EMBONPOINT.
It is very curious to watch this harem and its lord in their indolent ramblings. Like fashionables, they are for ever on the move in leisurely search of variety. You meet them on the Line in time for the full flower of the Equatorial feeding season, having just returned, perhaps, from spending the summer in the Northern seas, and so cheating summer of all unpleasant weariness and warmth. By the time they have lounged up and down the promenade of the Equator awhile, they start for the Oriental waters in anticipation of the cool season there, and so evade the other excessive temperature of the year.
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 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 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 tantalizing 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, 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, 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 89. Fast-Fish and Loose-Fish.
The 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 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 forthing, 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 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 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 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 L100,000 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 L100,000 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 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 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 Honourary Grand Harpooneer, 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.
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 L150 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-pinmoney, 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.
