
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 doorplate for a waif; what is that but a Fast-Fish? What is the ruinous discount which Mordecai, the broker, gets from the poor Woebegone, the bankrupt, on a loan to 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 100,000 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 wailing 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?
“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 Honorary 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.
“But suppose the Hindoos or Indians pull up the rails,” replied Stuart; “suppose they stop the trains, pillage the luggage-vans, and scalp the passengers!”
“All included,” calmly retorted Fogg; adding, as he threw down the cards, “Two trumps.”
Stuart, whose turn it was to deal, gathered them up, and went on: “You are right, theoretically, Mr. Fogg, but practically—”
“Practically also, Mr. Stuart.”
“I’d like to see you do it in eighty days.”
“It depends on you. Shall we go?”
“Heaven preserve me! But I would wager four thousand pounds that such a journey, made under these conditions, is impossible.”
“Quite possible, on the contrary,” returned Mr. Fogg.
“Well, make it, then!”
“The journey round the world in eighty days?”
“Yes.”
“I should like nothing better.”
“When?”
“At once. Only I warn you that I shall do it at your expense.”
“It’s absurd!” cried Stuart, who was beginning to be annoyed at the persistency of his friend. “Come, let’s go on with the game.”
“Deal over again, then,” said Phileas Fogg. “There’s a false deal.”
Stuart took up the pack with a feverish hand; then suddenly put them down again.
“Well, Mr. Fogg,” said he, “it shall be so: I will wager the four thousand on it.”
“Calm yourself, my dear Stuart,” said Fallentin. “It’s only a joke.”
“When I say I’ll wager,” returned Stuart, “I mean it.” “All right,” said Mr. Fogg; and, turning to the others, he continued: “I have a deposit of twenty thousand at Baring’s which I will willingly risk upon it.”
“Twenty thousand pounds!” cried Sullivan. “Twenty thousand pounds, which you would lose by a single accidental delay!”
“The unforeseen does not exist,” quietly replied Phileas Fogg.
“But, Mr. Fogg, eighty days are only the estimate of the least possible time in which the journey can be made.”
“A well-used minimum suffices for everything.”
“But, in order not to exceed it, you must jump mathematically from the trains upon the steamers, and from the steamers upon the trains again.”
“I will jump—mathematically.”
“You are joking.”
“A true Englishman doesn’t joke when he is talking about so serious a thing as a wager,” replied Phileas Fogg, solemnly. “I will bet twenty thousand pounds against anyone who wishes that I will make the tour of the world in eighty days or less; in nineteen hundred and twenty hours, or a hundred and fifteen thousand two hundred minutes. Do you accept?”
“We accept,” replied Messrs. Stuart, Fallentin, Sullivan, Flanagan, and Ralph, after consulting each other.