The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-05
ms.ohe, for the Queens Cup, make their 70.

m0tCucS VIZ SuOOn OuPs uoAO SoOxg
port, which is published in the HERALD to-day.
Its tone is marked by great forbearance and
,icourtesy toward Commodore Ashbury. The
Committee show, in very few words, the
absurdity of that gentleman's first claim to be
recognized as the representative of O dozen
or more English clubs, and to sail one race for
each club, with the privilege of claiming pos
session of the cup should he be successful in
single contest. By this ''sharp practice" as
the report correctly designates it, an oyster
boat might, and almost certainly would, sue
coed in carrying off the prize. But Commo-
dore Ashburys present letter affords evil
dence that he deliberately concocted
this ''sharp practice" before the Livonia
started on her transatlantic venture. He
admits in that communication that he took the
<'advice of eminent Queens counsel, without
whose favorable opinions" as to his supposed
right to claim number of separate matches,
he SHOULD not have sailed" Commodore
Ashbary knew that the American yachts
could beat the Cambria, which could outsail
the Livonia. He could have no hope of sue
cess, therefore, with the Livonia except
through the unsportsmanlike resort of tech
nicality or q bubble of law, and he must have
hoped to jockey the New York Yacht Club out
of the prize he did not expect to win by fair
sailing.
Some Of the ''protests" made by the owner
of the Livonia pending and subsequent to the
matches are satisfactorily disposed of by the
Committee. Others are regarded as too in
significant in their character to require notice
In the report. It will be remembered that
Commodore Ashbury claimed the second race
of the series, sailed with the Columbia over
the outside course, although beaten by over
ten minutes, on the plea that the Columbia
had rounded the markboat contrary to rules,
but the Committee refused to entertain the
protest, since the sailing regulations, Of which
the Commodore possessed copy, left the
manner of turning the stakeboat optional.
They now show that on the occasion of the
Americas victory, in 1851, Captain
Ackers, Of the yacht Brilliant, sent q
Yacht Squadron, the Earl of Wilton, against
awarding the Queens Cup to the America, on
the ground that he had passed inside instead
of outside the Drab Light in rounding, and that
the English Committee then decided, as our
own Committee did last year, that "when not
specified to the contrary the manner of turn
Ing any mark or stakeboat was optional" In
Q subsequent match between the America and
the English yacht Titani, in August, 1851,
both boats rounded the mark steamer as the
Columbia did in the recent contest. We pre-
sumo, after this ample application of English
precedent, even the eminent Queens coun-
sell in the service of Commodore Ashbury
will advise his ltigious client that this protest
at least must be ruled out of Court.
But Commodore Ashbury has brain fer
tile In expedients, and one of bis many pro-
tests, which the committee has not felt itself
called upon to notice, was against the selec-
ton of four yachts-the Columbia, Sappho,
Palmer and Dauntless-as the competitors with
the Livonia for the America Cup. The object
of the Committee in naming four boats,
instead of one, was to extend to
Commodore Ashbury every fair chance of
winning portion, at least of the races.
Had the Committee selected the Sappho alone
for the whole series, no person can doubt that
they would have been charged by Commodore
Ashbury with unfair and unsportsmanlike
conduct for compelling him to sail each race
against "such large and powerful schooner"
whose superiority was matter of notoriety.
If they had put forth only the Columbia as
their representative, 1t Is equally unquestion-
able that they would have been similarly con-
demned for requiring the Livonia to sail all
the time against centre-board boat. The
number of his competitors increased Commo-
dore Ashburys chances of success, and if he
failed to beat any of them, it was for the sim
pie reason that he had an inferior boat.
The New York Yacht Club has laid Com
'mod0re Ashbury's ungracious letter on the
table, and has declined to accept the three
cups offered by him as prizes to be commended
for by yachts in American waters. It Is difficult
to see how the Club could have adopted any
other course, and Commodore Ashbury has
only himself to blame for the result. It is
evident that he fails to understand or appre-
ciate the spirit In which the Americas Cup
was won, and in which it is held in trust.
The contest of 1851, open to the vessels of
all nations, was a fair and honest trial of the
qualities of the competitors, and the best
boat carried off the prize. After the race the
hearty congratulations Of all genuine British
yachtsmen were rendered to the winner, and
the Englishmen set heartily to work to benefit
by the lesson of their defeat. There was, it
is true, an attempt on the part of one English
yacht owner-for there were Asbburys in
those days-to rob the America Of the fruits
Of her victory by technically; but the Royal
Yacht Squadron refused to sanction the pro-
ceeding, and the Cup was carried across the