12 REPORT OP COMMISSIOXEE OF FISH AND FISHERIES. 



Upon tbe same day that the people of Southampton passed the fore- 

 going order, Governor Lovelace also issued an order citing that in 

 consequence of great abuse to his Eoyal Highness in the matter of drift- 

 whales upon Long Island, he had thought fit to appoint Mr. Wm. 

 Osborne and Mr, John Smith, of Hempstead, to make strict inquiries of 

 Indians and English in regard to the matter.* 



It was early found to be essential that all important contracts and 

 agreements, especially " between the English and Indians relating to 

 the killing of whales should be entered upon the town books, and signed 

 by tbe parties in presence of the clerk and certified by him. Boat- 

 whaling was so generally practiced and was considered of so much 

 importance by the whole community, that every man of sufficient abil- 

 its in the town was obliged to take his turn in watching for whales from 

 some elevated position on the beach, and to sound the alarm on one 

 being seen near the coast."t In April, (2d,) 1G68, an agreement was 

 entered on the records of Easthampton, binding certain ludiansof Mon- 

 tauket in the sum of £10 sterling to go to sea, whaling, on account of 

 Jacobus Skallenger and others, of Easthampton, beginning on the 1st of 

 November and ending on the 1st of the ensuing April, they engaging 

 ''to attend dilligeutJy with all opportunitie for ye killing of whales or 

 other fish, for ye sum of three shillings a day for every Indian ; ye sayd 

 Jacobus Skallenger and partners to furnish all necessarie craft and 

 tackling convenient for ye designe." The laws governing these whaling- 

 companies were based on justice rather than selfishness. Among 

 the provisions was one passed January 4, 1G69, whereby a member of 

 one company finding a dead whale killed by the other company was 

 obliged to notify the latter. A prudent proviso in the order was that 

 the person bringing the tidings should be well rewarded. If the whale 

 was found at sea, the killers and finders were to be equal sharers. If 

 irons were found in the whale, they were to be restored to the owners.f 

 In 1G72, John Cooper desired leave to employ some "strange Indians" 

 to assist him in whaling, which leave was granted ;§ but these Indian 

 allies required tender handling, and were quite apt to ignore their con- 

 tracts when a fair excuse could be found, especially if their hands had 

 already closed over the financial consideration. Two or three petitions 

 relating to cases of this kind are on file at New York. One of them is 

 from "Jacob Skallenger, Stephen Hand, James Loper and other 

 adjoined with them in the Whale Designe at Easthampton," and was 

 presented in 1075. It sets forth that they had associated together for 

 the purpose of whaling, and agreed to hire twelve Indians and man two 

 boats. Having seen the natives yearly employed both by neighbors 

 and those in surrounding towns, they thought there could be no objec- 



* N. Y. Col., MSS., General Entries iv, p. 123, Francis Lovelace. 



t Howell's Southampton. 



t This code was very similar to that afterward adopted in the Massachusetts Bay. 



$N. Y. Col. MSS.; General Eatries, iv, p. 235. 



