There was a usage generally observed by whalemen that when a whale
was struck, and the harpoon, with the line attached, remained in the
whale, but the line did not remain fast to the boat, and a boat’s
crew from another ship continued the pursuit and captured the whale,
and the master of the first ship claimed the whale on the spot, the
whale belonged to the first ship. At last the matter was taken into
the United States Court, and the judge held that the usage was a
good one and that the whale belonged to the first ship.
Two lawsuits arose over whales captured in the Okhotsk Sea. One, as
follows: Having killed a bowhead, the first mate of the whaler
anchored the whale in five fathoms of water and attached a waif,
intending to return the next day. Early in the morning, boats of
another New Bedford whaler towed the whale to their ship, where it
was cut-in and boiled down. It turned out that the anchor didn’t
hold in the night, that the cable coiled around the whale’s body,
and that no waif irons were attached to it. The captain of the
vessel whose boat had originally killed the whale visited the other
ship and laid claim to the whale; for oil and bone worth five
thousand dollars or more were not to be given up without something
more than a protest. If the captain of the vessel which had the oil
and the bone had yielded, the bone could easily have been then
delivered, but to turn over great casks of oil from one vessel to
another, in a rough sea, was not so easy. But the captain wouldn’t
yield. The discussion between the two masters was bitter and
boisterous.
“I killed the whale,” said the captain of the first vessel.
“Your first mate says he killed it.”
“Now don’t be smart. You know when I said ‘I’, the reference was to
my ship.”
“Where’s the proof that anybody in your ship killed it?”
“Proof enough. Even if the waif was gone, the whale was dead, and I
can show that the warp coiled around the body was the warp of my
ship.”
The captain of the other vessel thundered back, “The whale belongs
to this ship, and the oil and bone from him will stay on this ship
until we get back to New Bedford, and what are you going to do about
it?”
“You’ll find out what we are going to do about it when we get back
to that port.”
And the visiting captain went to his boat. They did find out, for
when they returned, the United States Court held that the ship whose
first mate killed the whale was entitled to the value of the oil and
bone.
The subject of the second lawsuit was a bowhead in which we were
interested, and a big one, too. Both our vessel and another one laid
claim to it. When, on a very fair day for that part of the world,
bowheads were sighted, all our boats were lowered. As a rule the
captain of a whaler did not go in a boat, but remained on the ship
with the cooper, steward, cook, spare hands and so forth. But now
and then the captain would take a hand in whaling.
Public-domain text, read in full here on John Shaqi.
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