Chapter 89 Fast-Fish and Loose-Fish

The allusion¹ to the waifs and waif-poles in the last chapter but one, necessitates² 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 vessel³, then escape, and be finally killed and captured by another vessel; and herein are indirectly⁴ comprised many minor⁵ contingencies⁶, all partaking of this one grand feature. For example,--after a weary and perilous⁹ 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 leeward¹⁰, be retaken by a second whaler, who, in a calm, snugly¹¹ 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 authorized¹² by legislative¹³ enactment¹⁴, 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 terse¹⁵ comprehensiveness surpasses Justinian's Pandects and the By-laws of the Chinese Society for the Suppression of Meddling¹⁶ with other People's Business. Yes; these laws might be engraven on a Queen Anne's farthing, or the barb¹⁷ of a harpoon¹⁸, 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 mischief¹⁹ with this masterly code is the admirable brevity of it, which necessitates a vast volume of commentaries to expound²⁰ it.

First: What is a Fast-Fish? Alive or dead a fish is technically²¹ 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 oar²², a nine-inch cable, a telegraph wire, or a strand²³ of cobweb, it is all the same. Likewise a fish is technically fast when it bears a waif, or any other recognized symbol of possession; so long as the party wailing²⁴ 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 honorable whalemen allowances are always made for peculiar²⁵ cases, where it would be an outrageous²⁶ moral injustice²⁷ for one party to claim possession of a whale previously²⁸ chased or killed by another party. But others are by no means so scrupulous²⁹.

Some fifty years ago there was a curious case of whale-trover litigated in England, wherein the plaintiffs set forth³⁰ that after a hard chase of a whale in the Northern seas; and when indeed they (the plaintiffs) had succeeded in harpooning³¹ the fish; they were at last, through peril⁸ of their lives, obliged to forsake³² not only their lines, but their boat itself. Ultimately the defendants³³ (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 remonstrated³⁴ 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, harpoons³⁵, and boat, which had remained attached to the whale at the time of the seizure³⁶. 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 witty³⁷ Erskine went on to illustrate³⁸ his position, by alluding³⁹ to a recent crim. con⁷. case, wherein a gentleman, after in vain trying to bridle⁴⁰ his wife's viciousness, had at last abandoned her upon the seas of life; but in the course of years, repenting⁴¹ 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 harpooned⁴² the lady, and had once had her fast, and only by reason of the great stress of her plunging⁴³ 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 decided⁴⁴, 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 controverted⁴⁵ 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 applied⁴⁶ and elucidated⁴⁷ by Lord Ellenborough in the above cited case; these two laws touching⁴⁸ 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 Philistines⁴⁹, has but two props⁵⁰ 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 rapacious⁵¹ landlord is the widow's last mite⁵² but a Fast-Fish? What is yonder undetected villain's marble mansion⁵³ with a doorplate for a waif; what is that but a Fast-Fish? What is the ruinous discount which Mordecai, the broker⁵⁴, gets from the 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 100,000 pounds seized from the scant⁵⁵ bread and cheese of hundreds of thousands of broken-backed laborers⁵⁶ (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 hereditary⁵⁷ 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 doctrine⁵⁸ 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 smuggling⁵⁹ 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?

1 allusion   

n.暗示，间接提示

参考例句：

• He made an allusion to a secret plan in his speech.在讲话中他暗示有一项秘密计划。
• She made no allusion to the incident.她没有提及那个事件。

2 necessitates   

使…成为必要，需要( necessitate的第三人称单数 )

参考例句：

• The increase in population necessitates a greater food supply. 人口的增加需要更多食物供应。
• Your proposal necessitates borrowing money. 你的提议使借款成为必要。

3 vessel   

n.船舶；容器，器皿；管，导管，血管

参考例句：

• The vessel is fully loaded with cargo for Shanghai.这艘船满载货物驶往上海。
• You should put the water into a vessel.你应该把水装入容器中。

4 indirectly   

adv.间接地，不直接了当地

参考例句：

• I heard the news indirectly.这消息我是间接听来的。
• They were approached indirectly through an intermediary.通过一位中间人，他们进行了间接接触。

5 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

6 contingencies   

n.偶然发生的事故，意外事故( contingency的名词复数 )；以备万一

参考例句：

• We must consider all possible contingencies. 我们必须考虑一切可能发生的事。
• We must be prepared for all contingencies. 我们要作好各种准备，以防意外。 来自辞典例句

7 con   

n.反对的观点，反对者，反对票，肺病；vt.精读，学习，默记；adv.反对地，从反面；adj.欺诈的

参考例句：

• We must be fair and consider the reason pro and con.我们必须公平考虑赞成和反对的理由。
• The motion is adopted non con.因无人投反对票，协议被通过。

8 peril   

n.(严重的)危险；危险的事物

参考例句：

• The refugees were in peril of death from hunger.难民有饿死的危险。
• The embankment is in great peril.河堤岌岌可危。

9 perilous   

adj.危险的，冒险的

参考例句：

• The journey through the jungle was perilous.穿过丛林的旅行充满了危险。
• We have been carried in safety through a perilous crisis.历经一连串危机，我们如今已安然无恙。

10 leeward   

adj.背风的；下风的

参考例句：

• The trees all listed to leeward.树木统统向下风方向倾。
• We steered a course to leeward.我们向下风航驶。

11 snugly   

adv.紧贴地；贴身地；暖和舒适地；安适地

参考例句：

• Jamie was snugly wrapped in a white woolen scarf. 杰米围着一条白色羊毛围巾舒适而暖和。 来自《简明英汉词典》
• The farmyard was snugly sheltered with buildings on three sides. 这个农家院三面都有楼房，遮得很严实。 来自《简明英汉词典》

12 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

13 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

14 enactment   

n.演出，担任…角色；制订，通过

参考例句：

• Enactment refers to action.演出指行为的表演。
• We support the call for the enactment of a Bill of Rights.我们支持要求通过《权利法案》的呼声。

15 terse   

adj.(说话，文笔)精炼的，简明的

参考例句：

• Her reply about the matter was terse.她对此事的答复简明扼要。
• The president issued a terse statement denying the charges.总统发表了一份简短的声明，否认那些指控。

16 meddling   

v.干涉，干预（他人事务）( meddle的现在分词 )

参考例句：

• He denounced all "meddling" attempts to promote a negotiation. 他斥责了一切“干预”促成谈判的企图。 来自辞典例句
• They liked this field because it was never visited by meddling strangers. 她们喜欢这块田野，因为好事的陌生人从来不到那里去。 来自辞典例句

17 barb   

n.（鱼钩等的）倒钩，倒刺

参考例句：

• The barb of his wit made us wince.他那锋芒毕露的机智使我们退避三舍。
• A fish hook has a barb to prevent the fish from escaping after being hooked.鱼钩上都有一个倒钩以防上了钩的鱼逃走。

18 harpoon   

n.鱼叉；vt.用鱼叉叉，用鱼叉捕获

参考例句：

• The harpoon drove deep into the body of the whale.渔叉深深地扎进鲸鱼体内。
• The fisherman transfixed the shark with a harpoon.渔夫用鱼叉刺住鲨鱼。

19 mischief   

n.损害，伤害，危害；恶作剧，捣蛋，胡闹

参考例句：

• Nobody took notice of the mischief of the matter. 没有人注意到这件事情所带来的危害。
• He seems to intend mischief.看来他想捣蛋。

20 expound   

v.详述；解释；阐述

参考例句：

• Why not get a diviner to expound my dream?为什么不去叫一个占卜者来解释我的梦呢？
• The speaker has an hour to expound his views to the public.讲演者有1小时时间向公众阐明他的观点。

21 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

22 oar   

n.桨，橹，划手；v.划行

参考例句：

• The sailors oar slowly across the river.水手们慢慢地划过河去。
• The blade of the oar was bitten off by a shark.浆叶被一条鲨鱼咬掉了。

23 strand   

vt.使（船）搁浅，使（某人）困于（某地）

参考例句：

• She tucked a loose strand of hair behind her ears.她把一缕散发夹到了耳后。
• The climbers had been stranded by a storm.登山者被暴风雨困住了。

24 wailing   

v.哭叫，哀号( wail的现在分词 )；沱

参考例句：

• A police car raced past with its siren wailing. 一辆警车鸣着警报器飞驰而过。
• The little girl was wailing miserably. 那小女孩难过得号啕大哭。

25 peculiar   

adj.古怪的，异常的；特殊的，特有的

参考例句：

• He walks in a peculiar fashion.他走路的样子很奇特。
• He looked at me with a very peculiar expression.他用一种很奇怪的表情看着我。

26 outrageous   

adj.无理的，令人不能容忍的

参考例句：

• Her outrageous behaviour at the party offended everyone.她在聚会上的无礼行为触怒了每一个人。
• Charges for local telephone calls are particularly outrageous.本地电话资费贵得出奇。

27 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

28 previously   

adv.以前，先前（地）

参考例句：

• The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
• Let me digress for a moment and explain what had happened previously.让我岔开一会儿，解释原先发生了什么。

29 scrupulous   

adj.审慎的，小心翼翼的，完全的，纯粹的

参考例句：

• She is scrupulous to a degree.她非常谨慎。
• Poets are not so scrupulous as you are.诗人并不像你那样顾虑多。

30 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

31 harpooning   

v.鱼镖，鱼叉( harpoon的现在分词 )

参考例句：

32 forsake   

vt.遗弃，抛弃；舍弃，放弃

参考例句：

• She pleaded with her husband not to forsake her.她恳求丈夫不要抛弃她。
• You must forsake your bad habits.你必须革除你的坏习惯。

33 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

34 remonstrated   

v.抗议( remonstrate的过去式和过去分词 )；告诫

参考例句：

• They remonstrated with the official about the decision. 他们就这一决定向这位官员提出了抗议。
• We remonstrated against the ill-treatment of prisoners of war. 我们对虐待战俘之事提出抗议。 来自辞典例句

35 harpoons   

n.鱼镖，鱼叉( harpoon的名词复数 )v.鱼镖，鱼叉( harpoon的第三人称单数 )

参考例句：

• Greenpeace hopes to position its boats between the harpoons and the whales. 绿色和平希望他们的船能开到港口与鲸鱼群之间的地方。 来自互联网
• NIV Can you fill his hide with harpoons or his head with fishing spears? 7[和合]你能用倒钩枪扎满它的皮，能用鱼叉叉满它的头吗？ 来自互联网

36 seizure   

n.没收；占有；抵押

参考例句：

• The seizure of contraband is made by customs.那些走私品是被海关没收的。
• The courts ordered the seizure of all her property.法院下令查封她所有的财产。

37 witty   

adj.机智的，风趣的

参考例句：

• Her witty remarks added a little salt to the conversation.她的妙语使谈话增添了一些风趣。
• He scored a bull's-eye in their argument with that witty retort.在他们的辩论中他那一句机智的反驳击中了要害。

38 illustrate   

v.举例说明，阐明；图解，加插图

参考例句：

• The company's bank statements illustrate its success.这家公司的银行报表说明了它的成功。
• This diagram will illustrate what I mean.这个图表可说明我的意思。

39 alluding   

提及，暗指( allude的现在分词 )

参考例句：

• He didn't mention your name but I was sure he was alluding to you. 他没提你的名字，但是我确信他是暗指你的。
• But in fact I was alluding to my physical deficiencies. 可我实在是为自己的容貌寒心。

40 bridle   

n.笼头，束缚；vt.抑制，约束；动怒

参考例句：

• He learned to bridle his temper.他学会了控制脾气。
• I told my wife to put a bridle on her tongue.我告诉妻子说话要谨慎。

41 repenting   

对（自己的所为）感到懊悔或忏悔( repent的现在分词 )

参考例句：

• He was repenting rapidly. 他很快就后悔了。
• Repenting of his crime the thief returned the jewels and confessed to the police. 那贼对自己的罪行痛悔不已；归还了珠宝并向警方坦白。

42 harpooned   

v.鱼镖，鱼叉( harpoon的过去式和过去分词 )

参考例句：

• He said he once harpooned a 2, 000-pound shark off the coast of New York. 他称，他曾经在纽约海面上，用鱼叉捕获过一条重达2.000磅的鲨鱼。 来自互联网

43 plunging   

adj.跳进的，突进的v.颠簸( plunge的现在分词 )；暴跌；骤降；突降

参考例句：

• War broke out again, plunging the people into misery and suffering. 战祸复发，生灵涂炭。 来自《现代汉英综合大词典》
• He is plunging into an abyss of despair. 他陷入了绝望的深渊。 来自《简明英汉词典》

44 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

45 controverted   

v.争论，反驳，否定( controvert的过去式和过去分词 )

参考例句：

46 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

47 elucidated   

v.阐明，解释( elucidate的过去式和过去分词 )

参考例句：

• He elucidated a point of grammar. 他解释了一个语法要点。
• The scientist elucidated his theory by three simple demonstrations. 这位科学家以三个简单的实例来说明他的理论。 来自《简明英汉词典》

48 touching   

adj.动人的，使人感伤的

参考例句：

• It was a touching sight.这是一幅动人的景象。
• His letter was touching.他的信很感人。

49 philistines   

n.市侩，庸人( philistine的名词复数 )；庸夫俗子

参考例句：

• He accused those who criticized his work of being philistines. 他指责那些批评他的作品的人是对艺术一窍不通。 来自辞典例句
• As an intellectual Goebbels looked down on the crude philistines of the leading group in Munich. 戈培尔是个知识分子，看不起慕尼黑领导层不学无术的市侩庸人。 来自辞典例句

50 props   

小道具； 支柱( prop的名词复数 )； 支持者； 道具； （橄榄球中的）支柱前锋

参考例句：

• Rescuers used props to stop the roof of the tunnel collapsing. 救援人员用支柱防止隧道顶塌陷。
• The government props up the prices of farm products to support farmers' incomes. 政府保持农产品价格不变以保障农民们的收入。

51 rapacious   

adj.贪婪的，强夺的

参考例句：

• He had a rapacious appetite for bird's nest soup.他吃燕窝汤吃个没够。
• Rapacious soldiers looted the houses in the defeated city.贪婪的士兵洗劫了被打败的城市。

52 mite   

n.极小的东西；小铜币

参考例句：

• The poor mite was so ill.可怜的孩子病得这么重。
• He is a mite taller than I.他比我高一点点。

53 mansion   

n.大厦，大楼；宅第

参考例句：

• The old mansion was built in 1850.这座古宅建于1850年。
• The mansion has extensive grounds.这大厦四周的庭园广阔。

54 broker   

n.中间人，经纪人；v.作为中间人来安排

参考例句：

• He baited the broker by promises of higher commissions.他答应给更高的佣金来引诱那位经纪人。
• I'm a real estate broker.我是不动产经纪人。

55 scant   

adj.不充分的，不足的；v.减缩，限制，忽略

参考例句：

• Don't scant the butter when you make a cake.做糕饼时不要吝惜奶油。
• Many mothers pay scant attention to their own needs when their children are small.孩子们小的时候，许多母亲都忽视自己的需求。

56 laborers   

n.体力劳动者，工人( laborer的名词复数 )；（熟练工人的）辅助工

参考例句：

• Laborers were trained to handle 50-ton compactors and giant cranes. 工人们接受操作五十吨压土机和巨型起重机的训练。 来自《现代英汉综合大词典》
• Wage-labour rests exclusively on competition between the laborers. 雇佣劳动完全是建立在工人的自相竞争之上的。 来自英汉非文学 - 共产党宣言

57 hereditary   

adj.遗传的，遗传性的，可继承的，世袭的

参考例句：

• The Queen of England is a hereditary ruler.英国女王是世袭的统治者。
• In men,hair loss is hereditary.男性脱发属于遗传。

58 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

59 smuggling   

n.走私

参考例句：

• Some claimed that the docker's union fronted for the smuggling ring.某些人声称码头工人工会是走私集团的掩护所。
• The evidence pointed to the existence of an international smuggling network.证据表明很可能有一个国际走私网络存在。