Ownership

“Thou art speaking to Captain Peleg—that’s who ye are speaking to, young man. It belongs to me and Captain Bildad to see the Pequod fitted out for the voyage, and supplied with all her needs, including crew. We are part owners and agents.

As he thundered out this he made a rush at Bildad, but with a marvellous oblique, sliding celerity, Bildad for that time eluded him.

Alarmed at this terrible outburst between the two principal and responsible owners of the ship, and feeling half a mind to give up all idea of sailing in a vessel so questionably owned and temporarily commanded, I stepped aside from the door to give egress to Bildad, who, I made no doubt, was all eagerness to vanish from before the awakened wrath of Peleg. But to my astonishment, he sat down again on the transom very quietly, and seemed to have not the slightest intention of withdrawing.

Now this Radney, I suppose, was as little of a coward, and as little inclined to any sort of nervous apprehensiveness touching his own person as any fearless, unthinking creature on land or on sea that you can conveniently imagine, gentlemen. Therefore when he betrayed this solicitude about the safety of the ship, some of the seamen declared that it was only on account of his being a part owner in her. So when they were working that evening at the pumps, there was on this head no small gamesomeness slily going on among them, as they stood with their feet continually overflowed by the rippling clear water; clear as any mountain spring, gentlemen—that bubbling from the pumps ran across the deck, and poured itself out in steady spouts at the lee scupper-holes.

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.

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.

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.

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?

Moreover, at a place in Yorkshire, England, Burton Constable by name, a certain Sir Clifford Constable has in his possession the skeleton of a Sperm Whale, but of moderate size, by no means of the full-grown magnitude of my friend King Tranquo’s.

In both cases, the stranded whales to which these two skeletons belonged, were originally claimed by their proprietors upon similar grounds. King Tranquo seizing his because he wanted it; and Sir Clifford, because he was lord of the seignories of those parts.