As the boats now more closely surrounded him, the whole upper part of his form, with much of it that is ordinarily submerged, was plainly revealed. His eyes, or rather the places where his eyes had been, were beheld. As strange misgrown masses gather in the knot-holes of the noblest oaks when prostrate, so from the points which the whale’s eyes had once occupied, now protruded blind bulbs, horribly pitiable to see. But pity there was none. For all his old age, and his one arm, and his blind eyes, he must die the death and be murdered, in order to light the gay bridals and other merry-makings of men, and also to illuminate the solemn churches that preach unconditional inoffensiveness by all to all. Still rolling in his blood, at last he partially disclosed a strangely discoloured bunch or protuberance, the size of a bushel, low down on the flank.

„A nice spot,“ cried Flask; „just let me prick him there once.“

„Avast!“ cried Starbuck, „there’s no need of that!“

But humane Starbuck was too late. At the instant of the dart an ulcerous jet shot from this cruel wound, and goaded by it into more than sufferable anguish, the whale now spouting thick blood, with swift fury blindly darted at the craft, bespattering them and their glorying crews all over with showers of gore, capsizing Flask’s boat and marring the bows. It was his death stroke. For, by this time, so spent was he by loss of blood, that he helplessly rolled away from the wreck he had made; lay panting on his side, impotently flapped with his stumped fin, then over and over slowly revolved like a waning world; turned up the white secrets of his belly; lay like a log, and died. It was most piteous, that last expiring spout. As when by unseen hands the water is gradually drawn off from some mighty fountain, and with half-stifled melancholy gurglings the spray-column lowers and lowers to the ground—so the last long dying spout of the whale.

Soon, while the crews were awaiting the arrival of the ship, the body showed symptoms of sinking with all its treasures unrifled. Immediately, by Starbuck’s orders, lines were secured to it at different points, so that ere long every boat was a buoy; the sunken whale being suspended a few inches beneath them by the cords. By very heedful management, when the ship drew nigh, the whale was transferred to her side, and was strongly secured there by the stiffest fluke-chains, for it was plain that unless artificially upheld, the body would at once sink to the bottom.

It so chanced that almost upon first cutting into him with the spade, the entire length of a corroded harpoon was found imbedded in his flesh, on the lower part of the bunch before described. But as the stumps of harpoons are frequently found in the dead bodies of captured whales, with the flesh perfectly healed around them, and no prominence of any kind to denote their place; therefore, there must needs have been some other unknown reason in the present case fully to account for the ulceration alluded to. But still more curious was the fact of a lance-head of stone being found in him, not far from the buried iron, the flesh perfectly firm about it. Who had darted that stone lance? And when? It might have been darted by some Nor‘ West Indian long before America was discovered.

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?