Justice

“Why, blast your eyes, Bildad,” cried Peleg, “thou dost not want to swindle this young man! he must have more than that.”

“Seven hundred and seventy-seventh,” again said Bildad, without lifting his eyes; and then went on mumbling—“for where your treasure is, there will your heart be also.”

“I am going to put him down for the three hundredth,” said Peleg, “do ye hear that, Bildad! The three hundredth lay, I say.”

In a few minutes the scuttle was opened, and, bound hand and foot, the still struggling ringleader was shoved up into the air by his perfidious allies, who at once claimed the honor of securing a man who had been fully ripe for murder. But all these were collared, and dragged along the deck like dead cattle; and, side by side, were seized up into the mizzen rigging, like three quarters of meat, and there they hung till morning.

‘Damn ye,’ cried the Captain, pacing to and fro before them, ‘the vultures would not touch ye, ye villains!’

“At sunrise he summoned all hands; and separating those who had rebelled from those who had taken no part in the mutiny, he told the former that he had a good mind to flog them all round—thought, upon the whole, he would do so—he ought to—justice demanded it; but for the present, considering their timely surrender, he would let them go with a reprimand, which he accordingly administered in the vernacular.

“‘But as for you, ye carrion rogues,’ turning to the three men in the rigging—‘for you, I mean to mince ye up for the try-pots;’ and, seizing a rope, he applied it with all his might to the backs of the two traitors, till they yelled no more, but lifelessly hung their heads sideways, as the two crucified thieves are drawn.

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.

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.