The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-15
YAcHTIN G.
Another Speech from Mr.. Ashbury-The
Americas Cup.

Another Speech from Mr.. Ashbury-Tho
Americas Cup.
from Wilkes Spirit OF the Times, May 1871
MIR. Ashbury. Commodore OF the Harwicn Yacht
Club in England, has dined with that respectable
body. and, as is customary with him SUCH festive
occasions, he delivered another speech. 1t contains
some Of the strangest statements that ne ever
made. As a sample, we may mention his assertion
that his yacht the Livonia, Is only about half
the OF the Sappho. He also referred TO MS in
tention to present the piece or plate he In the
ocean with the Dauntless to the harwich Club,
to be held as challenge prize. This precious
challenge prize IS to be open for competition
by any British or French club. Mr.. Ashbury has
excluded the Americans. which was - wise precau-
ton on his part. He says that il it were open TO
them they would do everything in their power TO
secure It, 1t Is PLAN that he IS OF OPINION they
would soor succeed, and he mas, therefore, very
sagaciously excluded American clubs from compei-
ton. This Is a compliment which we believe Mr..
Ashbury hardly Intended to pay to the science or
our builders and the enterprise OF our yacntmen
but IL is none the less real. We should think his
countrymen would hardly thank him for putting up
an international prize virtually labelled, "No Amer
petual badge OF British nlerority However. We have
nothing to do in this matter but take the honor thus
na1Ney ana Internationally awarded 10 us, anu look
on with smile while the British clubs compete with
each other for this baube, value E250 20 AS our
Yacht Club, publ shed IN another column, that body
has confirmed the claim made by MI. Ashbury to
saul the LVonia Ior the Americas Cup against
single yacht OF the New YORK Yacht CLUB. The club,
according 10 the notions OF Mr.. Asnbury, mas been
guided by the opinions Of three eminent judges ana
case. We stated, when publishing his able
and most interesting letter, that The opinion
OF Mr SCHUYLER II y was matter to DC settled by
means conclusive. To our notion the opinions of
three eminent Judges are OF no more weight than
those OF three other men OF good ability, unless the
matter in dispute Is to be settled by legal principles.
Now We have always supposed IL TO be against legal
principles TO let one oil the grantees In deed come
III years afterwards and give oral evidence as to
what the SAID deed means. We always believed
taa mo saeh tesony was and perhaps
the three eminent judges first set up another rule
OF evidence in their courts and when II became an
established principle that the preamble OF document
was not TO be consulted as a guide to the proper
understanding or what followed. when 1t was
in doubt. II that preamble was to be OF no use why
did Mr.. Stevens have 1t inserted? IL not in the
first draft But this is merely for the Justification OF
ourselves in the views we took. The club has de-
cidad and there Is end. But we shall SILL with
without the leave OF our learned neghbor OF the
World, maintain that, when there Is writing made
who is living, It VIII not be wise 10 take the surv
vor's opinion as conclusive OF what II means wnen
there is doubt upon the face Of 1t. The reason Is
that the memory Of man Is intirm, and likely 10 he
acted upon in reference to what was done twenty
s ny hs pc aa
last week, yesterday. Ii Is as plain anything
can be that Mr. schuyler did not think foreign
yacht club coud sail Tor this cup with three or four
yachts when II challenged through three four or
its members, until We showed that by the language
SION. But now Mr. Ashbury will come with his
Lvonia and sail against the yacht selected Dv the
club. Ii he Is beaten, what them Why, according
to mis- own notable conception, he Is 10 lie sailed
against seven times more as ne has obtained certih-
Gates as the representative OF eight British
YACHT clubs. He Is in another muddle Of eight
In his former speech he won eight races over here
although he only came in eighth III the for the
cup In this speech at iIarwicn he announces that
he is entitled to sail eight matches for this cup by
virtue OF his eight certificates. In figure of eight
ne Ia. He reminds US OF Lord Grosyenor's Stable
boy and the .PotS-os' OF the turf. We hardly like
to show that Mi. Ashbury is entirely mistaken be.
cause our learned neghbor OF the World viii proba
bly, come out and charge US with being devoid OF
'honorn II we deny the right of Mr.. AshDury to
SAN eight matches Tor this cup when he Is over
here, unless lie can win II III less Still, we
holder OF trophy underines challenge 10 pc ac-
cepted ana settled within given PERIOD there cam
not be another valid challenge at the same time.
The New York Yacht Club Is Row bound .by one
issued by the Thames Yacht Club through its men,
Der, Mr.. Ashbury. Until this match between the
Thames Yacht CluD and the New York Yacht Club is
settled no other challenge can take sheet.
Some OF our eminent judges may. :, perhaps,
Of the Newmarket Jockey Clu6 they viii tell
HIM mat THIS principle governs the Whip, the noble
trophy OF the turf containing the relic Of Eclipse.
When the great Pot-S-OS mad the Whip, his
owner could not by any Multiplication Of challenges
be compelled to run more than two races for 1t IN
any one year. the holder Of the Wnlp may be
challenged at the First Spring meeting, ana, ii he
is, ne must run at the Second October meeting or
the od me my as9 be
that case he must run at the ensuing
Spring meeting or resign the Whip. There cannot
be challenges Tor two races valid and running at the
same time. There cannot be challenges for two
races for the Americas Cup valid and running at
one time. Mr.. AsnDury must wait until the race
now pending Is over before another challenge from
him a member OF another club will be accepted.
and tue SIX months begin to run. We submit this
TO the New York acht Club with great respect, and
the fullest confidence in Its correctness justice and
propr.eT