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 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 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 to 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.

New York and San Francisco are thus united by an uninterrupted metal ribbon, which measures no less than three thousand seven hundred and eighty-six miles. Between Omaha and the Pacific the railway crosses a territory which is still infested by Indians and wild beasts, and a large tract which the Mormons, after they were driven from Illinois in 1845, began to colonise.

The journey from New York to San Francisco consumed, formerly, under the most favourable conditions, at least six months. It is now accomplished in seven days.

It was in 1862 that, in spite of the Southern Members of Congress, who wished a more southerly route, it was decided to lay the road between the forty-first and forty-second parallels. President Lincoln himself fixed the end of the line at Omaha, in Nebraska. The work was at once commenced, and pursued with true American energy; nor did the rapidity with which it went on injuriously affect its good execution. The road grew, on the prairies, a mile and a half a day. A locomotive, running on the rails laid down the evening before, brought the rails to be laid on the morrow, and advanced upon them as fast as they were put in position.

The Pacific Railroad is joined by several branches in Iowa, Kansas, Colorado, and Oregon. On leaving Omaha, it passes along the left bank of the Platte River as far as the junction of its northern branch, follows its southern branch, crosses the Laramie territory and the Wahsatch Mountains, turns the Great Salt Lake, and reaches Salt Lake City, the Mormon capital, plunges into the Tuilla Valley, across the American Desert, Cedar and Humboldt Mountains, the Sierra Nevada, and descends, via Sacramento, to the Pacific—its grade, even on the Rocky Mountains, never exceeding one hundred and twelve feet to the mile.

Such was the road to be traversed in seven days, which would enable Phileas Fogg—at least, so he hoped—to take the Atlantic steamer at New York on the 11th for Liverpool.

The car which he occupied was a sort of long omnibus on eight wheels, and with no compartments in the interior. It was supplied with two rows of seats, perpendicular to the direction of the train on either side of an aisle which conducted to the front and rear platforms. These platforms were found throughout the train, and the passengers were able to pass from one end of the train to the other. It was supplied with saloon cars, balcony cars, restaurants, and smoking-cars; theatre cars alone were wanting, and they will have these some day.

Book and news dealers, sellers of edibles, drinkables, and cigars, who seemed to have plenty of customers, were continually circulating in the aisles.

The train left Oakland station at six o’clock. It was already night, cold and cheerless, the heavens being overcast with clouds which seemed to threaten snow. The train did not proceed rapidly; counting the stoppages, it did not run more than twenty miles an hour, which was a sufficient speed, however, to enable it to reach Omaha within its designated time.

There was but little conversation in the car, and soon many of the passengers were overcome with sleep. Passepartout found himself beside the detective; but he did not talk to him. After recent events, their relations with each other had grown somewhat cold; there could no longer be mutual sympathy or intimacy between them. Fix’s manner had not changed; but Passepartout was very reserved, and ready to strangle his former friend on the slightest provocation.