28 November 2012

Judmatically Salted and Peppered


Melville on the Law

Now, when I say that I am in the habit of going to sea whenever I begin to grow hazy about the eyes, and begin to be over conscious of my lungs, I do not mean to have it inferred that I ever go to sea as a passenger. For to go as a passenger you must needs have a purse, and a purse is but a rag unless you have something in it. Besides, passengers get sea-sick -- grow quarrelsome -- don't sleep of nights -- do not enjoy themselves much, as a general thing; -- no, I never go as a passenger; nor, though I am something of a salt, do I ever go to sea as a Commodore, or a Captain, or a Cook. I abandon the glory and distinction of such offices to those who like them. For my part, I abominate all honorable respectable toils, trials, and tribulations of every kind whatsoever. It is quite as much as I can do to take care of myself, without taking care of ships, barques, brigs, schooners, and what not. And as for going as cook, -- though I confess there is considerable glory in that, a cook being a sort of officer on ship-board -- yet, somehow, I never fancied broiling fowls; -- though once broiled, judiciously buttered, and judgmatically salted and peppered, there is no one who will speak more respectfully, not to say reverentially, of a broiled fowl than I will. It is out of the idolatrous dotings of the old Egyptians upon broiled ibis and roasted river horse, that you see the mummies of those creatures in their huge bake-houses the pyramids.

***


   Perhaps the only formal whaling code authorized by legislative enactment, 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 terse comprehensiveness surpasses Justinian's Pandects and the By-laws of the Chinese Society for the Suppression of Meddling with other People's Business. Yes; these laws might be engraven on a Queen Anne's farthing, or the barb of a harpoon, 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 mischief with this masterly code is the admirable brevity of it, which necessitates a vast volume of commentaries to expound it....


...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 £100,000 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 waifing 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?




6 comments:

  1. He eludes to the taking of america by the europeans but I wonder if at any time he went further with that thought.

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  2. further in what sense? It seems to me that melville seeks at all times to "bundle" the whole globular humanity into a tribal "lawyering." His answer is the whale.

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