The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-02
THE AMERICAS CHALLENGE CUP.
From wilkes, Spirit OF tho Times. Anril IL

IRON Wllkcs' spirit OF tao Times, Apfl Ill
In the last number OF the Spt'u Of the Times we
stated that we should Offer Anew remarksconoerning
the conditions upon which the New York Yacht Club
Messrs. J. q. stevens, Edward a. stevens et. al,
dated July l., 1857. We published the deed Of trust
LAST week. We should not nave undertaken'to aud
anything to the able argument OF Mr.. Poet II we had
not learned from very influential quarter that
bers OF the clup some DeiDgyoi the opinion that Mr.
Ashburys clam 10 have u single yacht selected "
sail against ms Llvonia for the cue is well founded
INC question Is, what was me intent Of the gentle.
men VINO committed the Cur 70 the charge 81 the
club and accompanied IL with the Document ccnat-
tut1ng the trusJs IN the preamble OF this deco of
trust the owners OF the America reclte the facts
that she won the cup al 0owes IN q race which was
open 10 be SAILED Tor by yach's oI All nations, IN
which race she beat eight cutters and sconn-
ers, when also sailed III the race. lhen follow the
conditions under which Iri to be held and CON-
petcd lor az q perpetual Challenge cup FOR friendly
competition between foreign couartes. And we
here remark IN passing, that Ii Ia seeking Tor the
meaning OF The makers OF tails trust we were to suck
IN The ba K, II uglt oe argued That "Detween or-.
eign countrlcsp neans countries other than Tie
uiureJ States, In winch case no American yacht can
SAL Tor IL al all, ana Wo are mere unlpires and
Stockholders and cannot be competitors. Dnt ju.
dicia view shows thaC thoagn the makers Of me
trust were ali American citKens. their nieat was
To inciuce their own country among the foreign
countries OF the deed, and that by peJWeen foreign
coun.rles' tney meant countries foreign TO each
otber. We merely brng this forward 90 show that
the meaning ., tue deed must he sought IN the neug
OF those Who made ana delivered ii. and not in the
view Wnicn may be taken OF part ony Of Its Ian
guage. The glsJ OF tie matter lies Ill the clause CT
the conditions, which reads as follows:--
ANY organized yacht club OF any foreign country shall al
ways entitled, tnrough any Or more OF ITS MEMBERS
yacht other thirty OF so
tons by the custom house oi tie country to
which the vessel belongs.
Now, viewed IN the light Of the preamble. what
I does tnis mean! Tne.noiion that Tue right 10 sail
Tor the cup ''wi any yacht or other vessei'' meau5
against any yacht or Otner vessel 10 be selected by
the New YORK Yacht Cluo Is absurd and IL has been
SO utterly demolished by MI. Peet's argument that
We leave II aione and proceed to give version 0,
the meaning of the makers OF the trust me whole
dhculty, ~ appears 10 us has arisen rom failure
TO grasp The SENSE IN which tue aeei uses and pro-
perly uses, the word "matcn." In ordinary Ian
guage sailing matchn means sailing between TWO
vessels only, as the ocean match between the CAM
bra and Dauness; ana IL would not he proper To say
there was an ocean match between The henrietta,
the Fleetwlng and the Vesta. In the latter case
yachtnen. s1ch AS the Messls. Stevens were, would
say race. not match, so that II Mr. Asnbury is going
To san match Tor this cup he has riant TO san
against single vessel. But Nj. Ashoury has no
rlaht 10 sail Tor II At all lis yacht club may SAIL
for 1t through him more OF its members. ana that
IS all there rs about IL. We now the sense In
which the makers OF the deed used the word
match-a march between two foreign yacht clubs
nnat ~ foreign each otner), and each club put
In tue Inaca ~ many properly quared yachts as it
ae s con n n I'VE tae sw9 M
M-constltutes the match with tile two PAL ies ana
no more necessary 10 match. Now, The foreign
club challenging Is not confined 10 one vessel; Tor
the deed expressly saJs:-"Any organized yacht
Grub or any foreign country shall always be entitled
CLAIM the right OF sailing mach for tins
Cup" &C. And in or4er To Tx the TACT Of the
the individual owners Of the yacnts beyond all per-
adventure, the last clause provides taat the Cup,
moi OF Inc vessel VIM n u. II be,na esta5nsneI
then, tliat tue Engllsn yacht club 10 wnlch Mr.. ASH
bury belongs might have sailed n matcn against the
New York iacnt Ciub for this Cup tlIougn one or
more OF its members, thus employing number OF
vessels 70 sail III It's Dea 10 IT kely that the club
III Possession Is 10 be limited to one? Taxing ths
deed altogether, we think the meaning Of the owners
OF the America was That match should Dc made
betweea cubs; that the cnailengcrs might use one
misut delehd IL with one or more Therefore, the
Liigllsn club mIgnt have elected 10 san FOR the Cup
through s me.nbers, owners OF the Livonla the
GulneYerc and the tgera; and In that case we
might well require mole Than one with which 10 de-
fend II. vessel abe u beat the big kngilsl yachts
in stron9 breeze might iait aganss the Egeria In
lignisn AIRS. hesdes. IN a matca between clubs |
by Two vessels only. mere accident might decide |
tne mater against The best yacat OF the swo and III
view Of the u. ser fprtu to pnrporJ that
tue AncIiSt woA he Cup by heating eight cutters
ana seven Scaooners, we cannos tilink that her |
oNneis meant 10 leave IL SUBJECT To such contin-
gencY. we admit taat tacre = language In the deed
calculated 10 raise dJubf whether the creators Of
the trust dld not intend TO limit he match "a tSo yes
Ia as weil as to,too cuos. in requiring that SIX |
months no-Ice slaii DC given OF debsl1nS, name,
6c., 1t says 'oi the vessel.n This raises doubt, |
but IL Is mere doubt altogether Insufficient to over
throw tie conclusion founded the recital OF the |
preamble aud tue grant In the clause OF The con- |
ditOns we nave quoted. The dlmeusons AMI I
,ine OF the vessel means OF each yesse named by
the challenging ciuD. Taxing tae recital IN the pre-
ample. thas the America Won the cup " race Tor |
yachts Of All ntions, beating eight cutters and seven
yacht ciub o. any foreign country shall always ~ ,
entitled 70 san match Tor H. through one more
OF It's members, we come TO tle conclusion tnaJ |
either OF the parties 10 The match may sail with
many vessels 40 Is peases, provided the party which
Challenges give SIX months notice OF the dlncn- !
slous and names OF the vessels IL means To stars.
TilS VIII make real match, analogous 10 cricket
match. IN winch there are bat two pariicsto VIII, |
tue clubs-altfOu2h there are eleven players or u
side, and sometimes tyeity-two on one SIDE. Ani,
moreover. Il VIII 10 what is more necessary-t van
bring he proceedings INTO conformity with tie pur |
pose plainly indicated by the grantors IN the pre-
ambe 10 the pager constituting tue trust,