Reader, do you know the meaning of flotsam and jetsam? None but a lawyer can, for it is old law language. Now, there is a slight difference between language in general and law language. The first was invented to enable us to explain our own meaning, and comprehend the ideas of others; whereas, the second was invented with the view that we should not be able to understand a word about it. In former times, when all law, except club law, was in its infancy, and practitioners not so erudite, or so thriving as at present, it was thought advisable to render it unintelligible by inventing a sort of lingo, compounded of bad French, grafted upon worse Latin, forming a mongrel and incomprehensible race of words, with French heads and Latin tails, which answered the purpose intended—that of mystification.—Flotsam and jetsam are of this breed. Flot, derived from the French flottant, floating; and jet, from the verb jeter, to throw up; both used in seignoral rights, granted by kings to favourites, empowering them to take possession of the property of any man who might happen to be unfortunate, which was in those times tantamount to being guilty. I dare say, if one could see the deed thus empowering them to confiscate the goods and chattels of others for their own use, according to the wording of the learned clerks in those days, it would run thus:— “Omnium quod flotsam et jetsam, et every thing else-um, quod findetes;” in plain English, “every thing floating or thrown up, and every thing else you may pick up.” Now the admiral of the coast had this piratical privilege: and as, in former days, sextants and chronometers were unknown, sea-faring men incurred more risk than they do at present, and the wrecks which strewed the coast were of very great value. I had a proof the other day that this right is still exacted; that is as far as regards property unclaimed. I had arrived at Plymouth from the Western Islands. When we hove up our anchor at St. Michael’s, we found another anchor and cable hooked most lovingly to our own, to the great joy of the first-lieutenant who proposed buying silk handkerchiefs for every man in the ship, and expending the residue in paint. But we had not been at anchor in Plymouth Sound more than twenty four hours, and he hardly had time to communicate with the gentlemen-dealers in marine stores, when I received a notification from some lynx-eyed agent of the present admiral of the coast (who is a lawyer, I believe), requesting the immediate delivery of the anchor and cable,—upon the plea of his seignoral rights of flotsam and jetsam. Now the idea was as preposterous as the demand was impudent. We had picked up the anchor in the roadstead of a foreign power, about fifteen hundred miles distant from the English coast.
We are all lawyers, now, on board ship; so I gave him one of my legal answers, “that in the first place, flotsam meant floating, and anchors did not float; in the second place, that jetsam meant thrown up, and anchors never were thrown up; in the third and last place, I’d see him damned first!”
My arguments were unanswerable. Counsel for the plaintiff (I presume) threw up his brief, for we heard no more of “Mr Flotsam and Jetsam.”
But to proceed:— The man and boy, who, with Newton, composed the whole crew, seemed perfectly to acquiesce in the distribution made by the master of the sloop; taking it for granted that their silence, as to the liquor being on board, would be purchased by a share of it, as long as it lasted.
They repaired forward with a panikin from the cask, with which they regaled themselves, while Newton stood at the helm. In half an hour Newton called the boy aft to steer the vessel, and lifted the trunk into the cabin below, where he found that Thompson had finished the major part of the contents of the mug, and was lying in a state of drunken stupefaction.
The hasp of the lock was soon removed by a claw-hammer, and the contents of the trunk exposed to Newton’s view. They consisted chiefly of female wearing apparel and child’s linen; but, with these articles there was a large packet of letters, addressed to Madame Louise de Montmorenci, the contents of which were a mystery to Newton, who did not understand French. There were also a red morocco case, containing a few diamond ornaments, and three or four crosses of different orders of knighthood. All the wearing apparel of the lady was marked with the initials LM, while those appertaining to the infant were marked with the letters JF.
After a careful examination, Newton spread out the clothes to dry, over the cabin lockers and table; and depositing the articles of value in a safe place, he returned on deck. Although Thompson had presented him with the trunk and its contents, he felt that they could not be considered as his property, and he determined to replace every thing, and, upon his return, consult his father as, to the proper measures which should be taken to discover who were the lawful owners.
The sloop, under the direction of Newton, had continued her course for two days against the adverse, yet light breeze, when the weather changed. The wind still held to the same quarter: but the sky became loaded with clouds, and the sun set with a dull red glare, which prognosticated a gale from the North West; and before morning the vessel was pitching through a short chopping sea. By noon the gale was at its height; and Newton, perceiving that the sloop did not “hold her own,” went down to rouse the master, to inquire what steps should be taken, as he considered it advisable to bear up; and the only port under their lee for many miles was one, with the navigation of which he was himself unacquainted.
The vessel was under close-reefed mainsail and storm foresail, almost buried in the heavy sea, which washed over the deck from forward to the companion hatch, when Newton went down to rouse the besotted Thompson, who, having slept through the night without having had recourse to additional stimulus, was more easy to awaken than before.
“Eh! what?—blows hard—whew!—so it does. How’s the wind?” said the master, throwing his feet outside the standing bed-place, as he sat up.