296 



FOREST AND STREAM. 



[Nov. 3, 1887. 



tachtittg. 



Address all comvmmcaUnm to the Forest and Stream Pub. Co. 



AN ACT TO PREVENT YACHT RACING- 



THIS deed of gift, made the twenty-fourth day of October, one 

 thousand eight hundred and eighty-seven, between George L. 

 Schuyler, as sole surviving owner of the Cup won by the yacht 

 America, at Cowes, England, on the twenty-second day of August, 

 one thousand eight hundred and fifty-one, of the second part, 

 witnesseth: 



That the said party of the first part, for and in consideration of 

 the premises and of the oerformance of the conditions and agree- 

 ments hereinafter set forth by the party of the second part, has 

 granted, bargained, sold, assigned, transferred and set over, and, 

 by these presents does grant, bargain, sell, assign, transfer and 

 set over unto the said party of the second part, its successors and 

 assigns, the Cup won by the schooner yacht America at Cowes, 

 England, upon the twenty-second day of August, 1851, to have and 

 to hold the same to the said party of the second part, his success- 

 ors and assigns, in trust nevertheless for the following uses and 

 purposes: _ 



This Cup is donated upon the condition that it shall be preserved 

 as a perpetual challenge cup for friendly competition between 

 foreign countries. Any organized yacht club of a foreign country, 

 incorporated, patented, or licensed by the Legislature, Admiralty 

 or other executive department, having for its annual regatta an 

 ocean water course on the sea, or on an arm of the sea, or one 

 which combines both, shall always be entitled to the right of sail- 

 ing a match for this Cup, with a yacht or vessel propelled by sails 

 only, and constructed in tbe country to which the challenging 

 club belongs, against any one yacht or vessel constructed in the 

 country of the club holding the Cup. 



The competing yachts or vessels, if of one mast, shall be not 

 less than sixty-five feet nor more than ninety feet on the load 

 waterline. If of more than one mast they shall be not less than 

 eighty feet nor more than one hundred and fifteen feet on the load 

 waterline. 



The challenging club shall give ten months' notice, in writing, 

 naming the days for the proposed races, but no race shall be 

 sailed in the days intervening between Nov. 1 and May 1. Ac- 

 companying the ten months' notice of challenge there must be 

 sent the name of the owner and a certificate of the name, rig and 

 following dimensions of the challenging vessel — namely, length 

 on load waterline, beam at load waterline and extreme beam and 

 draught of water, which dimensions shall not be exceeded, and a 

 Custom House registry of the vessel must also be sent as soon as 

 possible. Vessels selected to compete for this Cup must proceed 

 under sail on their own bottoms to the port where the contest is 

 to take place. Centerboard or sliding keel vessels shall always 

 be allowed to compete in any race for this Cup, and no restriction 

 nor limitation whatever shall be placed upon the use of such 

 centerboard or sliaing keel, nor shall the centerboard or sliding 

 keel he considered a part of the vessel for any purposes of naeas- 

 urement. 



The club challenging for the Cup and the club holding the same 

 may, by mutual consent, make any arrangement satisfactory to 

 both as to the dates, courses, number of trials, rules and sailing 

 regulations and any and all other conditions of the match, in 

 which case also the ten months' notice may be waived. 



In case the parties cannot mutually agree upon the terms of a 

 match, then three races shall be sailed and the winner of two of 

 such races shall be entitled to the cup. All such races shall be 

 on ocean courses, free from headlands, as follows: The first race, 

 twenty nautical miles to windward and return; the second race, 

 an equilateral triangular race of thirty-nine nautical miles, tbe 

 first side of which shall be a beat to windw r ard; the third race (if 

 necessary) twenty nautical miles to windward and return; and 

 one week day shall intervene between the conclusion of oue race 

 and the starting of the next race. Those ocean courses shall be 

 practicable in all parts for vessels of 23ft. draught of water aud 

 shall be selec ted by the club holding the cup; and these races shall 

 be sailed subject to its rules and sailing regulations so far as the 

 same do not conflict with the provisions of the deed of gift, but 

 without any time allowance whatever. 



The challenged club shall not be required to name its represent- 

 ative vessel until at the time agreed upon for the start, but the 

 vessel when named must compete in all the races, and each of such 

 races must be completed within seven hours. Should the club 

 holding the cup be for any cause dissolved the cup shall be trans- 

 ferred to some club of the same nationality, eligible to challenge 

 under this deed of gift, in trust aud subject to its provisions. In 

 the event of the failure of such transfer within three months after 

 such dissolution said cup shall revert to the preceding club hold- 

 ing the same and under the terms of this deed of gift. It is dis- 

 tinctly understood that the cup is to be the property of the club 

 subject to the provisions of this deed, and not the property of the 

 owner or owners of any vessel winning in a match. 



No vessel which has been defeated in a match for the cup can 

 be again selected by any club as its representative until after a 

 contest for it by some other vessel has intervened, or until after 

 the expiration of two years from the time of such defeat. And 

 when a challenge from a club fulfilling all the conditions required 

 by this instrument has been received no other challenge can be 

 considered until the pending event has been decided. 



And the said party of the second part hereby accepts the said 

 cup subject to the said trust, terms and conditions, and hereby 

 covenants and agrees to and with said party of the first part that 

 it will faithfully and fully see that the foregoing conditions are 

 fully observed and complied with by any contestant for the said 

 cup during the holding thereof by it, and that it will assign, trans- 

 fer and deliver the said cup to the foreign yacht club whose rep- 

 resentative yacht Shall have won the same iu accordance with the 

 foregoing terms and conditions, provided the said foreign club 

 shall by instrument in writing lawfully executed enter with said 

 party of the second part into the like covenants as are herein 

 entered into by it, such instrument to contain a like provision for 

 the successive assignees to enter into the same covenants with 

 their respective assignors, and to be executed in duplicate, one to 

 be retained by each club, and a copy thereof to be forwarded to 

 the said party of the second part. 



In witness whereof the said party of the first part has hereunto 

 set his hand and seal, and the said party of the second part has 

 caused its corporate seal to be affixed to these presents, and the 

 same to be signed by its commodore and attested by it secretary 

 the day and year first above written. 



George L. Schuyler. 

 In the presence of The New Yobs Yacht Clou, 



H. D. Hamilton. by Eldrtooe T. Gerry, Commodore. 



[Seal of N. Y. Y. C] John B. Bird, Secretary. 



The above formidable document, adopted last week by the New 

 York Y. C, is from a lawyer's standpoint worthy of the highest 

 praise, a masterpiece of the art. If the object of the f ramers was 

 to keep the Cup they have double reason to be proud, for it not 

 only promises to accomplish that end most effectually, but it 

 does it in a manner that in itself is dear to the legal heart. Com- 

 pared with the brief and simple phraseology of the former deeds, 

 the new one is lengthy and verbose, it is put in the form of a legal 

 agreement with covenants, parties of the first and second part, 

 successors and assigns, etc., etc., and like too many of its kind, 

 the full and elaborate provisions of its various clauses are robbed 

 of all their weight by the insertion of half a dozen words that 

 might be passed without notice on a casual reading, and yet which 

 outbalance all the rest of the document. Seemingly fair and lib- 

 eral on its face, the deed is far more strict in its demands than 

 either of the others, and the concessions made in favor of racing 

 demands are all nullified by a single short clause. 



On comparison with the two previous deeds, published in the 

 Forest and Stream of Oct. 13, a number of changes will be found. 

 In regard to the time necessary for a challenge the limit has been 

 extended from six to ten months, and while this is asking a very 

 long notice, it has this advantage, that it permits all arrangements 

 to be made well iu advance, say in November; while before, a man 

 who sent a notice of challenge, which amounted to nothing, and 

 then proceeded to build his boat, might be forestalled by another 

 challenge sent early in the spring. Now the challenger, if there 

 ever is another, can send a challenge, in October, and on its accept- 

 ance begin his boat in safety. The demand for a ten-months' 

 notice, however, seems preposterous; six months has always been 

 sufficient, and certainly should be in the future. As it is now, no 

 challenge can be sent after Dee. 1 for the ensuing year, A chal- 

 lenger should be allowed to send his challenge by Nov. 1, and to 

 arrange all conditions then; while, at the same time, if no one 

 challenges then, the opportunity should be left open until March. 

 One point that has been established for the first time is, that but 

 one challenge can be entertained at any time, which certainly 

 seems a fair provision. A minor point to be noticed before pro- 

 ceeding to the vital ones is, that any club winning the Cup must 

 enter into a legal agreement with the present holders to carry out 

 all the provisions of "'this act." 



A point formerly in dispute, the question of dimension vs. ton- 

 nage, has been settled by a demand for the loadline length and 

 beam, the extreme beam, and the draft, all of which it is pro- 

 vided shall not be exceeded. This is far better than any 

 tonnage business; but it is laying dowu a good deal to say 

 that the beam and draft shall not be exceeded. The designer 

 will allow sufficient on the length to allow of more ballast 

 if it be found necessary, without exceeding the given limit 

 of length, but he cannot be prohibited from altering the trim, and 

 consequently the beam and draft of his vessel as long as the load- 

 line is within the limits. This clause will allow the defending 

 yacht to alter her ballast as she pleases as long as her waterline 

 js under length; but if it be strictly enforced, the challenger will 

 be allowed no variation from designed trim. If it was intended 

 to leave a certain margin for the designer it should be so stated; 

 as it now reads lie must give the correct dimensions of tbe pro- 

 posed boat when afloat in racing trim, and these must not be de- 

 parted from. 



Puritan was sailed well below her designed draft, Mayflower 

 not only went below her draft but a 6in. shoe was added below the 

 keel, and such changes must be permitted in every boat. The de- 

 fender may change his craft at will, more or less ballast, deeper 

 or shoaler keel, but the challenger is bound down strictly to 

 certain fixed dimensions, and can only depart from them at his 

 peril. If the draft be given at 13ft. and after trial extra keel be 

 added, as in Geuosta's case, the boat may be technically disquali- 

 fied on arrival here, or the same may be'done should her greater 

 or loss draft make a chance in the beam at waterline. "But this is 

 not the worst; the challenger is compelled to give virtually the 

 form of his yacht. Given the waterline, draft, and the beam at 

 two points, the general character of the design is made sufficiently 

 plain to any naval architect. On the other hand the defender is un- 

 known until the morning of the first race. In other words the 

 club demands that its opponent should show its hand fully, while 

 nothing is conceded in return, or to make a comparison, that tbe 

 prosecution must disclose its case, while the defense conceals its 

 side entirely. Nothing could be more contrary to the spirit which 

 should govern all such competitions. What the club has a right to 

 ask is the waterline length and the correct measurement as nearly 

 as may be by the rule under which the races will be sailed, while 

 at the same time no restrictions on alteration of sail area, trim 

 and draft, as long as the waterline is not exceeded, should be per- 

 mitted to the defender and yet forbidden to the challenger. 



The provision that centerboards shall not be penalized is hardly 

 necessary now that there is no likelihood of the Cup ever going out 

 of the possession of the New York Y. C, hut in view of the May- 

 flower-Arrow controversy it might have been necessary had the 

 Cup ever gone abroad. 



It may be inferred from the wording of the seventh clause 

 that the great point which the Forest and Stream has advocated 

 for years has at last been conceded by the club, and the Cup races, 

 if there ever are any more, will be sailed in open waters and 

 over no mouse-trap courses; hut it must be remembered that it 

 is still within thejpower of the New York Y. C. to insist on a race 

 over the old inside course, and a very powerful instrument for 

 enforcing that or any other extravagant demand is provided. 



This point has been generally praised by the papers in comment- 

 ing on the changes, but really there is nothing more in the new 

 deed to prohibit the selection of the old course than in either of 

 the others; and it rests only with the whim of a regatta or Cup 

 committee at any time in the future to demand that a challenger 

 shall sail the inside course or else meet a 90ft. yacht without time 

 allowance. While the specification of outside courses leads to the 

 inference that they should be selected as a matter of course, it is 

 evident that they were laid down, not to prohibit the New York 

 course, but in the event of the Cup going abroad to prevent the 

 selection of courses, such as that around the Isle of Weight, which 

 would not be suitable for centerboard boats. There is really no 

 guarantee that the next challenger may not be offered the same , 

 courses as Thistle and Galatea, and on refusal he must face the 

 alternative of no time allowance. 



The minimum depth of water, enough for a yacht of 23ft. draft, is 

 of course laid down for the benefit of the centerboard, but the keel 

 men are little likely to quarrel with it. The time limit of 7 hours 

 for a 40 mile race is insisted on, a very good provision for all. 



The vital point of the whole deed is the seventh clause, as it 

 really contains all the important conditions. No matter what 

 may be mutually agreed upon, the real limits are those laid down 

 in case of a failure of the negotiations, the terms which a challen- 

 ger may be forced to sail under if he disagrees with the tempo- 

 rary committee on any point. It has no bearing on the case that 

 the conduct of the races of late years has been fair and that it is 

 likely to be so in the future. Whether or no this be true the club 

 is provided with a powerful and convenient lever for forcing any 

 conditions which it pleases on a challenger, and it is this 

 power which will dictate the class of yacht which shall be 

 built for the Cup races. Any challenger coming here foi 

 the Cup must first consider the possibility of having to 

 meet a yacht of 00ft. waterline under a length rule and with no 

 tax on sail area, and he must build to beat her. It is true that he 

 may be matched by a very different vessel, but at the same time 

 he would not be justified in taking such chances, and practically 

 he is firmly bound to build such a boat, a 90ft. siuglestieker or a 

 schooner or yawl of 115ft., to race on length only. If ne does, he may 

 be put at a disadvantage in a match under the prevailing rule of 

 the club, by which sail area is reasonably sure to be taxed to a 

 certain extent, and he may be compelled to give an allowance for 

 rig to a really better vesseJ. If, on the contrary, he builds to meet 

 the club rule with a tax, however small, on sail area, he may be 

 finally compelled to accept the alternative provided, of a race 

 without time allowance against a boat built under a length rule. 

 It is possible that races might be sailed for years without a re- 

 course to this clause, and yet it may arise at any time, and every 

 intending challenger must of necessity take it and not the racing 

 rule of the holder as his guide in building. The objection which 

 we have long made to the New York rule, that it taxes sail too 

 little, is becoming more generally recognized each year, and there 

 is a remote prospect that the rule may some day be changed, but 

 here is seen the curious matter of a club setting up two rules in 

 direct opposition, the one taxing sail area, and the other, for its 

 most important contests, offering a direct premium on sail. 



What yachts Avould be built to meet a coming challenger? 

 Volunteer and the others are all disposed of, as they are too small, 

 and it will be necessary to look to a new fleet of 90-f ooters, cer- 

 tainly a very large size or yacht. The defender is not required to 

 name his boat until the morning of the first race, so the boats to 

 be built in advance would be first a ''footer" of 90ft. loadline, with 

 any amount of sail her designer cares to risk. The ordinary 

 weather off Sandy Hook is nothing formidable for a yacht of OOftl, 

 and a big machine would be perfectly at home there, as much as 

 many 35ft. boats in the Bay or the Sound. What would be the 

 best for this work is not important at present, whether a big skim- 

 ming dish with unlimited sail or an equally exaggerated Pappoo.se, 

 with a similar spread. Given a certain length; beam and draft 

 without limit could bo made to carry an enormous driving power 

 to advantage, and the boat which was compelled to make an ocean 

 voyage would not have a ghost of a chance. If on the other hand 

 the preliminary details should be agreed on without dispute, the 

 races would naturally be sailed under the rules of the New York 

 Y. C, and a different yacht in model and rig would be needed, a 

 boat that would be as powerful as possible without too great sail 

 spread. It is posssible under the fourth clause that a match might 

 be arranged and successfully sailed between yachts of 66ft., but in 

 practice the challenger must come prepared to meet a boat of 90ft. 

 designed under a length rule, while the defender must have such 

 a boat in reserve in case it may be needed. 



It is likely now the present state of affairs will prove a bar to 

 further challenges for an indefinite time, and in the meanwhile 

 does any one suppose that there will be any development of the 

 new 90ft. class!' The fate of the present large boats is still in 

 doubt, there is likely to be little racing against Volunteer next 

 year, and it seems probable that the class will at least stand still. 

 Then if a challenge is received in the future, the work of building 

 up the new class must be commenced anew. No steady develop- 

 ment, no racing every year at home, no general interest in the class, 

 but it is to be something special and apart, dedicated to Cup races 

 which are never to take place. No one can say that this class, 

 even if kept up, is a benefit to yachting, while the second class is 

 ignored and left to shift for itself. As far as the Cup races are 

 concerned the second class is out of the fight, and the good that 

 might have accrued through a strong competition in this class is 

 entirely lost. We have dealt only with singlestickers, but the 

 case is fully as bad with schooners. At present there are just four 

 schooners of 115ft. 1. w.l. and over, Droadnaught, Dauntless, Coronet 

 and Ambassadress, and there are but six between 100 and 115ft. 

 What about Fortuna, Montauk, Sachem, Grayling, Gitana, the 

 yachts which do the racing; are they worthjno consideration, and to 

 be ignored entirely by the club. A racing schooner of 115ft. is a most 

 undesirablo possession, and it is unlikely that such a class will ever 

 be seen, but this bugbear is put in the way of any man who should 

 ever wish to challenge with a schooner of ordinary size, who should 

 wish, for instance, to build to meet Sachem for the Cup. Why 

 the fourth clause was ever inserted it is difficult to see, unless the 

 idea was to foster the delusion that the New York Y. C. offers a 

 fair match to any size of yacht within the limits named. A chal- 

 lenger who built on this supposition might very possibly find it 

 realized, but he would take a very great risk in trusting to it, in 



view of the present action of the club in adopting without protest 

 or objection, all the provisions of the seventh clause. 



All the legal verbiage concerning the parties of the first and 

 second part amounts to nothing when it is considered that the 

 real party of the second part is the great body of outside clubs 

 from whom challenges must come. The dealings of the commit- 

 tee and donor are of comparatively little importance; what is of 

 vital interest is tbe relation between the New York Y. C. and the 

 yachting world which is established by the deed of gift, and yet 

 the rights of the latter are in no way regarded. The challenger 

 must, give all and get nothing in return; he must specify closely 

 the yacht he proposes to bring, and he must not depart from that 

 specification, while he will not know until the day of the first 

 race what yacht he is to meet, the latter being allowed every 

 liberty in the way of alteration. 



The club has set up the standard of size, not of quality, and in 

 doing this it has repudiated directly its present ride and set up 

 another. It has been urged in excuse that the intention was to 

 shut out catboats,to confine the competition to yachts of suitable 

 size, but the practical result has beeu to return to the old rule of 

 length under which catboats and sand baggers were built and 

 flourished. Each side in the future must face the possibility of 

 having to build the most powerful boat possible on a length of 

 90ft., without limit on depth, sail spread or any dimensions but 

 plain length. What sort of machine will be the outcome of any 

 possible racing under this rule it is hard to foretell, but it is safe 

 to say that such a boat, if built, will combine the maximum of ex- 

 pense with a minimum of all good qualities except speed. 



A small enough limit is already provided; the old deed calls for 

 30 tons, a boat not under 55ft. l.w.l., and further, it would be dan- 

 gerous to cross the Atlantic in a smaller racing boat than this. 

 As for real racing, apart from size, tbe standard of excellence is 

 certain to be far higher in a class like the second or third, where 

 there are from six to a dozen boats constantly racing, with addi- 

 tions each year, than in a special class kept up only by spasmodic 

 offort, as is sure to be the case with the proposed 90ft. class. 



It is a grave question whether the club at this date has any right 

 to make such a radical alteration iu the letter and spirit of the 

 original deed as it has done in this case. It is specially provided 

 that the competition shall be open to all yachts of 30 to 300 tons, 

 or to translate it into modern terms, from a minimum limit of 

 about 55, upward The present action, as we have shown, is really 

 to limit the competition to two special classes, 90 and 115ft., some- 

 thing never contemplated by the original deed. No one is likely 

 to contest the legality of this action, but it is very doubtful 

 whether any court would sustain the position of the club. 



Faulty as the matter of the deed is, the maoucr in which the 

 changes have been made are no less opeu to criticism. The clause 

 as to the limit of 05 to 90ft. is a mere supterfuge, and the wording 

 as to the course is equally doubtful, ft, would have been far better 

 to have come out at once with a fixed limit of 90ft., rather than to 

 apparently give something in one clause which is withdrawn by 

 the next; and in the same way, the selection of the inside course 

 could better have been directly prohibited, rather than left open 

 as now. The manner in which the deed was brought before the 

 club is open to the gravest criticism. The deed was prepared and 

 finally accepted prior to the meeting: when reached in the order 

 of business it was hurriedly read through once. A member who 

 arose and asked whether the deed was open for discussion was 

 informed by the chair that such was not the case, that all had 

 been settled, and then nothing was left but a formal resoluation 

 of acceptance. Such methods may do for Albany or a local board 

 of aldermen.but they can onlydisgrace any yacht club which count- 

 enances them. No opportunity for discttsssion, nor even for a 

 negative vote by the body of the members, a matter cooked in 

 committee and given to the club to bolt with its eyes shut. 



The action of the club in this matter must bo taken as a final 

 expression of its view of the trust imposed as guardians of tbe 

 Cup, not to encourage fair contests in the interest of yacht racing, 

 but rather to keep the Cup in possession of the club by such 

 means as seem best fitting to that end, and in this it is likely 

 to succeed most thoroughly. 



It is needless to say that Mr. Sweet's challenge is off, but 

 whether another will follow is as yet uncertain. No one who 

 fully understands the present conditions is likely to risk so much 

 for the small chance of return. It may be that some Quixotic- 

 Briton, with more valor than discretion, will rush hastily in with 

 a challenge; but one such attempt is likely to prove enough. Cer- 

 tainly if he should venture across with a yacht under the maxi- 

 mum he will take a very great risk. 



The present year is likely to be a notable one in the Cup annals, 

 for the Cup has been saved twice; once by the skill and fair sailing 

 of General Paine and once by the quasi legal action of the hold- 

 ers, which has locked it up so safely that there is little chance of 

 a future challenge and still less of a race under equal conditions. 



SPEEDWELL. 



THE accompanying diagram represents the midship section of 

 Mr. Henry Bryant's new cruising schooner, now building by 



Smith, of South Boston. The leading dimensions and elements of 

 the yacht are: 



Length over all 107ft. 



Length on l.w.l 90ft. 



Beam, extreme 23ft. 3in. 



Beam, l.w.l 21ft. lOin. 



Draft 13ft. 



Least freeboard 3ft. Hin. 



Overhang forward 1ft. 



Length of fore body 51ft. 



Length of after body 39ft. 



Area of midship section 107sq. ft. ! 



C.B. from stem 49.88 ft. 



O.B. below l.w.l 2.98 ft. 



O.L.R. aft of stem 51 



Ballast, short tons 56 



Keel, 42ft. long, short tons 35 



Area lower sails 6,030sq. ft. 



Bowsprit, outboard 36ft, 



Main mast, deck to hounds 63ft. 



Main boom 63ft. 



Main gaff 37ft. 



Maintopmast 31ft. 



Foremast, deck to hounds. 58ft. 



Foretopmast 28ft.. 



Mastheads flft. 



Foremast from stem 24ft. Hin. 



Mainmast from stem 56ft. 3Min. 



The. bowsprit will be a round spar, with no jibboom. 



PROBABLY THE FIRST CENTERBOARD.— Editor Forest and 

 Stream; John and Townsend Stites, brothers, were born and lived 

 all their lives at Beesley's Point, Great Egg Harbor, New Jersey. 

 John Stites died about 1865, aged 81, and Townsend a few years 

 later. They both told me. that when they were boys all their boats 

 carried lee boards, but that a colored man whose name they gave 

 me, and which I have forgotten, put a centerbord iu his skiff, and 

 it was the first one that they had ever seeu and heard of, and that 

 its superiority to the old lee board was so manifest that they all 

 adopted them. This is a simple statement of what the Messrs. 

 Stites both told me. Their descendants still live at Beesley's 

 Point— C. R. Moore (Bird's Nest P. O., Virginia, Oct. 26). 



RESTLESS.— Col. Singerly's steam yacht, built this year, will be 

 cut in two and lengthened during the winter by her builders, 

 Houston & Woodbridge. She will have a second steel boiler and 

 a new Trout wheel, 



