The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
Allusion has already been made to this phase of the controversy
respecting _mare clausum_ which sprang up in the Arctic seas, and was
now mixed up with the question of the liberty of fishing on the British
coasts. Towards the end of the previous century English whalers,
for the most part in the service of the Russia or Muscovy Company,
frequented the coasts of Greenland, and the northern seas which had
been opened up to English enterprise by the voyages of Willoughby and
Chancellor;[340] and early in the next century they also began to catch
whales at Spitzbergen, where they were found in enormous numbers.[341]
The whalers of other nations followed in their wake, and in 1612 two
Dutch vessels arrived at Spitzbergen to take part in the fishery, and
although from their ignorance of the methods they failed of success
that year, a company (_Noordsche Compagnie_) was formed at Amsterdam
to continue the venture under better conditions.[342] The Muscovy
Company, whose whalers in 1612 got within nine degrees of the North
Pole, sighting 700 whales and bringing back 17,[343] became jealous
of competitors. In 1613 they procured from King James a charter by
which they were entitled to exclude all others, foreigners as well as
subjects, from sailing to Spitzbergen; and in that year they dispatched
thither a fleet of seven armed vessels to defend their rights by force
as well as to catch whales.[344] In the seas at Spitzbergen they
found a number of other whalers from Spain and France, as well as two
Dutch ships which had returned to the fishery. The English vessels
immediately attacked them, and drove most of the intruders away.[345]
The Englishmen then set up a cross on the shore with the king’s arms on
it, and they called the land “King James’s Newland.” It is noteworthy
as indicating the attitude and practice towards France throughout
almost the whole of the disputes about _mare clausum_, that the French
whalers were allowed to continue their operations, subject, however, to
the payment of a tribute of whales or train-oil, while the two Dutch
ships were despoiled of their catches and fishing-gear and were sent
home empty. On their arrival at Amsterdam the ill-treatment to which
they had been subjected was naturally resented, and representations
to King James were made through the ordinary channels, but without
success. The Dutch founded their case partly on the general principle
“that according to the practice of all times and peoples, navigation,
fishery, and the use of the shore were free and common to all,” and
partly on the claim of prior discovery. Spitzbergen, they said, was
discovered by Jakob van Heemskerk, a Dutchman, in 1596; they had
therefore at least as good a right as the English or any other nation
to the fisheries there. On the other hand, the powerful Muscovy
Company argued that Spitzbergen was discovered by Willoughby in 1553,
and accordingly belonged to England; and the king adopted this view,
Public-domain text, read in full here on John Shaqi.
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