514 



FOREST AND STREAM. 



[Jan. 19, 1886". 



Thus in every case the challengers have shown their willingness 

 to make known the length of their vessel more than ten months 

 before the races. What has been the course of the New York Y. 

 0. in the matter'/ The first action has been to ignore the friendly 

 but necessarily informal letter of notice, to stand stiffly on tech- 

 nicalities, and to inform the challenger that when a challenge ii 

 due form was received the club would answer it, knowing all tb 

 time that such a challenge could not be sent before spring. In 

 '84, '85, '86 and '87 the club's action has been the same, a curt re- 

 fusal to accept the ample notice given it; and in the latter case, at 

 tue meeting to which wo allude elsewhere, when Mr. Sweet's let- 

 ter was read, aresolution was actually offered, though not passed, 

 that similar letters received in the future be returned to th 

 writers. This has been the attitude of the New York Y. C. in th 

 matter, as its own minutes will show. Now what grounds has it 

 for cobbling the deed of gift up so as to demand what it has here- 

 tofore refused to accept? It looks rather as though the whole 

 "ten months" clause was merely intended to extort information 

 to which the club has absolutely no right. 



Much parade has been made over the liberality and generosity 

 displayed in the provision for outside courses, but the committee 

 itself 'admits that this was done in case of the Cup ever going 

 abroad; in fact, Mr. Sweet himself spoke informally to the Cup 

 committee before the races of the desirability of securing full 

 rights to centerboard boats in foreign waters. 



Looking at the third lot of statements, we find a number 

 which will not bear a close scrutiny. In regard to the main point, 

 the dimensions, Mr. Burgess says in the Globe: "The particular 

 dimensions are no confinement to the designer, as he would not 

 want to change them in any event. The Forest and Stream 

 speaks of the challenger being tied down to fixed dimensions, 

 but the fact is that the challenger is at liberty to choose any 

 dimensions he pleases." 



The point at issue is adroitly dodged in both these statements. 

 We have never contended that the designer is not at perfect 

 liberty to select any dimension which he may wish within 90ft. 

 What we contend is, when the dimensions are once chosen and 

 given to the club, the yacht must be built to conform exactly to 

 them, varying neither m length, beam nor draft, and this question 

 Mr. Burgess simply evades la the statement above. He'furthersays, 

 as quoted last week: "The new deed says the challenger shall not 

 exceed his stated dimensions. The defender, too, will be in just 

 the same position, in case he decides to build for the extreme 

 limit named in the deed." This is not so. the challenger cannot, 

 depart either way from length, breadth and. draft, in fact from bis 

 model after the challenge is filed; the defender, so long as he is 

 not over 00ft. l.w.l., may do absolutely what he pleases with his 

 boat, may add to ballast or outside keel, or may make her a foot 

 wider. 



This statement, too, as noted before, is not correct: "As to 

 being tied down absolutely to a fixed length, beam and draft, 

 why it is practically what I have to submit to with every racing 

 boat. Iam building half a dozen boats to-day that will be dis- 

 qualified if they exceed their class limit in length. They are 

 simply designed 3 or tin. shorter, to allow for any reasonable 

 change of trim, and, of course, the waterline beam and draft 

 will vary with, but far less than, the length " 



Mr. Burgess builds his boats not to exceed a. certain l.w.l. 

 length, but no oue cares whether they are wider or narrower, 

 deeper or shoaler than Ins designs show; in fact he has the liberty 

 which every designer should nave, to trim his boat? after trial, 

 but which is denied a challenger for the Cup. It is easy to build 

 within a sueeified length only, but it is a different matter to build 

 to an absolutely fixed draft or beam at loadline. 



We asked two questions t wo weeks since which Mr. Burgess 

 has not yet. answered. When Thistle's length was supposed to be 

 Soft., how could Volunteer be (he same length if she was designed 

 85ft. 10 <i-5in., iu order to take no advantage of the other? Would 

 Mr. Burgess contract, under penalty of disqualification, to give 

 the exact l.w.l. length and beam, and the draft, as per design, and 

 then build a boat that would be at her best racing trim on these 

 exact dimensions'/ 



Mr. Burgess, in criticising (he Forest and Stream, says, 

 "When inaccurate statements are put out they are apt to deceive 

 unless they are corrected," which applies exaetlv to his state- 

 ments above. 



Com. Forbes also makes some statements which are open to cor- 

 rection: "The reason we have had no challenge for the Cup lies 

 deeper than the terms of the deed of gift. Of course these area 

 convenient handle to lay hold of, but the fact is, nobody wants to 

 challenge for the Cup in the present condition of vacht'iug in this 

 country." 



At the time the deed of gift was changed the club bad a bona 

 fide challenge in its possession, which does not look as though no 

 one wanted to challenge. Mr. Sweet has been ready for a race, 

 provided a fair match could be made within the class' he desired 

 to build for. 



In answer to our criticism Com. Forbes also says: "It is said 

 that we are demanding a type of hoat which is unnaturally large. 

 Iu 1885 Americans considered a sloop of 80ft. the limit that could 

 be handled satisfactorily. In three years' time we have raised 

 that limit to Stiff , ard there is no reason to believe that it cannot 

 be. raised year by year. The committee was wise in putting the 

 limit a little higher than has yet been reached. Moreover, it is an 

 interesting poin t to note that the English are to blame, if there, is 

 any blame, for the size of our sloops. Before the Oenesta's chal- 

 lenge we had none over '/Oft.., and they compelled us to build big 

 yachts to defend ourselves. Now that we have them it is hardly 

 fair for English yachtsmen to object to them on the score of size." 



It has been proved by Volunteer that a racing boat of this size 

 is practicable, but our point is that it is not a desirable size nor 

 one that will be generally popular. It is true that Genesta'= 

 length was the first cause of the establishment of the first class- 

 ana the right to challenge with a class of yacht which the de- 

 fender does not possess should be prohibited, but 

 prove that the establishment of a soeeial class 

 from its great cost is beyond the reach of nearly 

 men, is other than detrimental. It must be, remembered that 

 cruising schooners and steam are each year cutting further into 

 the ranks of racing men, and anything which i ends to make more 

 sport at a less expense brings or keeps just so manv more m the 

 racing ranks. 



Last week Mr. Burgess denounced our statement that the deed 

 virtually called for a length rule, but this week his champion 

 the Gufbt admits the correctness of our claim as follows: 



"The Forest and Stream objects to the length rule. There is 

 no doubt that, the effects of a length rule are bad, but what else 

 could have, been substituted'? The New York Y. 0. did not wind: 

 to demand tlin t i ts own rah- should be used in all races, nor did i t 

 want to leave t he matter open for foreign clubs to put their par- 

 ticular raving rule upon this Cup. The best substitute seemed 

 to the committee to be this rule." 



We happen to know that the committee had it under considera- 

 tion to coufine all future contests to the present club rule, but 

 the outrageous character of this proposition was plain even to 

 them, and the "no allowance" clause was finally adopted as a 

 compromise. ■ • v 



The Globe does not take warning by this error which it fell into 

 tast week and now admits, but continues to criticise 1 he FOttBSl 

 an d Stream as follows: 



".The burden of the objection brought forward by this journal 

 this week hinges on a palpable misstatement of a fact. How any 

 one could make such a blunder who had the deed before his eves 

 ?i,?f + tosay \ tactically the whole criticism is based upon 

 Ling ..riicintfni; 



c^pV^,^ dimensions shall not be ex- 



Khnrt t'l,^ •> t they shall not be departed from in any wav; in 

 b 'reasonable change ot trim" which Mr. Burgess alludes 



all this does not 

 of yacht which 

 all racing yachts- 



to is defied the challenging 

 "Tho first part of this state 



tchts.' 



aent is i correct. Certain dimensions 



are given with the stipulation that 'they shall not be exceeded"' 

 w ke dced nowhere stales that these dimensions 'shall not be 



fS^ttSaW^ Tne ClaU5e ° f the deed wMoh refers 



from desi™^ ,n min , rta miU ' gin for variation 



The deed of gift ,is now a legal document, as far as form goes, 

 with all the verbiage and red tape of a deed or mortgage over the 

 sale of property; it is consequently to be interpreted only by the 

 letter. The passage quoted above says "there must be sent * * " 

 the following dimensions * * * which shall not be exceeded. 

 The words are exact and definite, there can be no dispute over 

 their meaning. Now, what authority has the Globe- for stating 

 that some margin for variation from these set terms was intended, 

 and who is to sky what, is a just and reasonable margin? This deed, 

 which (he Globe praises elsewhere as so exact and definite, does 

 not say the approximate dimensions or the beam and depth within 

 3, or 12in., but the dimensions, and no one can interpret this 

 otherwise than the actual measurements from the design. If a de- 

 signer gives the beam of his boat as 25ft. and on measurement, she 

 should prove but. 21ft. flin., who is to say that she is the same boat 

 which was named in the challenge? Any one who designs a yacht 

 under tho terms laid down must expect, in the event of a depart- 

 ure from the specified dimensions, the same slurs that were cast 

 upon Mr. Watson this season. AVhen such pains are taken to pre- 

 serve a strict legal form at the expense of brevity and clear lan- 

 guage, the deed can only be interpreted in a strict and literal 

 sense, as any other document; and there are no grounds lor fhe 

 assumption that the challenger is at liberty to depart in any way 

 from the letter of its provisions. Even if he were to be allowed tb 

 build within the limits, the ease would be nearly as bad, as he 

 would not be allowed to increase draft or ballast, even if found 

 desirable and the l.w.l. admitted it. The holder is allowed any 

 possible change; if the Globe is correct, the defender may lighten 

 his ballast, but may not increase it, and this alone is an injustice. 



The case really is very much worse than this. As we have 

 shown, the challenge must leave the other side by Dec. 7 to insure 

 delivery ten months prior to the first of three races not later than 

 October. By this early date the designer must have positively 

 decided upon the l.w.l. length, extreme beam, l.w.l. beam, and 

 extreme draft. These dimensions carry with them not only the 

 total displacement, but actually the model of the boat, as every 

 riesigaer knows; so that it is not only that the general dimension's 

 of the boat must be settled upon, but the designer must have 

 practically completed his design. The dimensions once mailed to 

 New York they are fixed beyond recall, there is no possibility of 

 altering the design after further study, nor to trim the boat to 

 any but her designed loadline after trial. If on arrival at New 

 York she measures more or leBS than specified in the challenge 

 made ten months before, her owners and designer rnav be tolera- 

 bly certain that they will be accused of giving false dimensions 



not exceed tbe racing measurement of (he defending club. Bad 

 as it is, however, it is not the worst, for during this time his an- 

 tagonists have known the principal details of his boat, and thev 

 • ■■'•liberty to build anything they please to beat her, or to alter 



Boston's commodores consider fair and sportsmanlike. 

 The truth of the matter may be briefly summed up: 

 The New York Y. C. classes by l.w.l. length ami gtoet time by sail 



area. 



A challenger should give the l.w.l. length and the measurement by 

 the ]\-cw York Y. 0'. rule, being subject to dm/nati peat-ion if over the 

 clam. 



The demand for the four dimensions is utterly without right or 

 reccdent, a mean attempt to obtain an advantage over the chal- 



designer, in as 



% 



tengc 



The aetued effect of this demand, to restrict th 

 unreasonable and unfair as it is impracticable. 



Gen. Paine and Mr, Burgess last winter spent a long time iu 

 itudying out how large Thistle was to be; now- the New York Y. C. 

 propose to avoid any doubt in the future by demanding peremp- 

 torily the desired dimensions, or else no challenge. The four 

 points stated above need no explanation, a man need not bo a 

 commodore in order to understand them, and we are willing to 

 leave it to all unprejudiced yachtsmen to sav whether this clause 

 of the deed is fair and sportsmanlike or the reverse. 



The Globe says: "The most objectionable feature of the old deed 

 was that a challenger could always be outbuilt. Considerable 

 discussion was made last winter as to the sportsmanship of this 

 measure, and the new deed was dratted to prevent its recurrence " 

 This is a curious statement, the new deed provides a wav of learn- 

 ing the dimensions of the challenger in ample, time to outbuild 

 them; and farther, while he must of necessity build a seagoing 

 vessel on his 90tt., the defenders may build a racing machine on 

 the same length. Certainly the Globe is not quite clear in its con- 

 clusions. 



Commodore Forbes speaks us follows concerning the manner in 

 which the new deed was adopted: "I should like to know upon 

 what ground the Forest AND Stream insinuates that this deed of 

 gift was passed without the approval of the Now York club in 

 general. The moasure was brought before a meeting which had 

 been especially called for the purpose, and if there had been any 

 objection it would ha ve been brought up then. The measure was 

 passed as any other similar measure would be, and such being the 

 case, it is absurd to claim that it does not represent the sentiment 

 of the club." 



It would appear that Com. Forbes was not present at the meet- 

 ing and is not cognizant of the circumstances attending the 

 acceptance of the deed. 



A special meeting of the club was hastily and informally called, 



o notice being given to members as to its object, and among the 

 miscellaneous business a motion was passed as follows- 



Resolved, That a committee of five be appointed by the Chair to 



... ^apt 



instruments necessary to e fleet any changes in such deed of gift 

 and the acceptance thereof which may be mutually agreed upon 

 between them and Mr. Schuyler. 



The result, of the committee's labors was not made public 

 prior to the regular meeting of Oct, 27, and beyond a few 

 rumors the members who attended the meeting knew nothing of 

 what had been done. The long document was read once by the 

 secretary, and a motion was made for its adoption. One of the 

 leading sailors and racing men of the club arose and asked the 

 commodore whether the club at large could vote on the measure 

 as the .committee had full power, and had used it iu accepting the 

 conditions themselves before disclosing them to the club. The 

 commodore decided that the point was well taken, and that the 

 club as a body really had no voice in the matter. Tbe custom 

 in yacht clubs is that any change in constitution, bv-laws or 

 sailing rules must be submitted iu writ ing to all the'members 

 some time in advance of the meeting at which it will be finally 

 voted upon, in order that all may understand fully what is being 

 done. It would seem that in a matter so important as this, in 

 which not only the honor of tlie club was concerned, but which 

 was to be more permanent than any other measure ever has 

 been, and to govern all the varying conditions of future racing 

 at least tbe usual care would have been taken, that the draft of 

 the proposed deed would have been submitted to all of the seven 

 hundred members of the club, in order that each might discuss 

 n tell! gently on it. What were the actual facts? Tho 

 turned over to the committee of five, for everv one 

 the club knows that the "surviving donor'^ was 



and vote 

 old deed 

 in and out 



brought, in as a mere figurehead in the matter: 'thfs "committee 

 revised the. deed and then accepted their own work, after which 

 the body of the club was called in to give color to the farce bv a 

 nominal acceptance, with no opportunity given fen? an objection. 



Before the committee was appointed the club had received 

 notice ot a challenge from a well-known racing man and it was 

 well understood that his boat would come in the second cla4 

 No sooner was this notice in hand than a special meeting was 

 held and arrangements made to revise tbe deed so as to effectu- 

 ally shut out this him-j.fi.de challenge. The need for such haste is 

 not apparent. The concealment of the new deed until it was 

 sprung on the members at the meeting, as well as the shutting off 

 of all discussion, suggest a strong parallel with the methods of 

 fv™ 'K n v k men. now residing for obvious reasons at a distance 

 from New York, who held a hurried meeting early one morning 

 to transact some radroad business. The transactions of such a 



.P«blie and above 



proposed by the victors without weighing its merits; the daily 

 Pagers have stirred up a great deal of ill-feeling over the length 

 or Thistle; and the action of Arrow's owner last spring is still fresh 

 m the minds of American yachtsmen. All these facts combine to 

 prevent a clear judgement of the case on its merits, but it must be 

 remembered that in a year or two matters will have quieted down, 

 the smoke will have cleared away, and American yachtsmen will 

 be ready to take a clearer and fairer view of the deed of gift. Will 

 it stand such inspection? We believe not, and it is th is con- 

 viction only that has forced us to take and hold a position in direct 

 opposition to the most prominent of American Yachtsmen, the 

 leaders of the New York Yacht Club and the men who have sailed 

 the late races for them. Already foreigu vachtsmen have passed 

 a sweeping condemnation on its terms, and we firmly believe that 

 the day will come when American yachtsmen will sec the justice 

 of their criticism, but then it will be too late. 



America now holds unquestioned the supremacy of the yachting 

 world; Boston, not New York, has produced three yachts in suc- 

 cession that have defeated tho best that have 'been brought 

 against them, and the result of these victories must be felt in 

 yachting circles throughout the country. Is this the time to 

 suffer the hardly won laurels to be dimmed by openly expressed 

 suspicions and accusations: can American yachting at large 

 afford to see the America's Cup locked up from competition, nan 

 it allow the action of a small number to clog and impede the 

 development of designing and building as well as of international 

 racing? These are questions for every yachtsman to consider for 

 himself before he declares for the side whioh is for the moment 

 in favor; or even sits by and tacitly acquiesces in its actions, 

 though disapproving of them. 



The main efforts of those who bavc attempted to answer our 

 charges have been to complicate and confuse the subject by the 

 introduction of certain truths which we have never disputed! and 

 also much other matter that has no special bearing on the case, 

 and in order that we may not be misunderstood or misrepresented 

 we recapitulate our position, most of the points having been 

 taken prior to the appointme 

 The, first and second deed* 



it of tho 

 of gift 1 

 f yachtim 



rly inadequate to the 



cd of gift or by a fair 

 ginal deed, the latter 

 in the original deed 



! roe legality of any change 

 (ihle. 



lo be laid down, the leading points governing 



■.lass of 

 Tltat 



yacht 

 chalk 

 o elate 



uld be: 



i/iott?d be open to all legitimate 

 •essels, capable of crossing the oci 

 :es shall be sailed on open water 

 either keel or centerboard. 



nging yachts sliall be matched, as nearly as may he, 

 cs to wiiieh they belong, and that no nation shall heenm- 

 challcnge from a size, of yacht that does not f.rirf in 



ailing craft, including 

 in alone, under sail, 

 deep enough for any 



from lit 

 pelted t 

 its racing II ret 



That, the conditions of the rare shall be. absolutely the same for both 

 parties. 



That the challenger shall give, with name, and rig, the lene/th on. 

 loadline and the measurement by the rule of the holder, under which 

 the races wid be sailed. 

 Tlied in the case of a challenge from a boat not yet built, the two 



parties may make an arrangement at any Urn 

 yachting season, not. watting until spring its under 

 'Ihat a challenge from a yacht already built and 

 a season, may be. sent in up to the opening of the \ 

 May 1. 



That meddlinei, by any club, with the words c>ftht 

 tip by the five original donors, should not lie p'enni 

 lions that may arise in consequence of chanacs i 

 yacMraeing, shotdel be decided str 

 riginal 

 nd the. e 

 It questic 

 cut, if 



of the 



ted for 

 ion, or 



: ctly in a 

 •'<!, thi 



■eta 



ard in 



gift drawn 

 t that ques- 

 mditian* of 

 the plainly 

 rtnciples of 



ides 



time allow- 

 be disposed of by 



suspicion, but all the _ 

 the deed of gift are s 

 very fact that the d 



p instances attendiug the alteration of 

 :h as to bring discredit on the. club. The 

 was concealed until it had been finally 

 accepted shows that it was feared that it would not bear public 



scrutiny There are many who would have objected to its pro- 

 visions bad they been familiar with them in advance of their 

 adoption; but now that.thc deed is an acomplished fact, they de- 

 cline to enter a discussion. c«mi, iiiBj ne- 

 Howeyer true this may he, there is every reason why all Ameri- 

 can yachtsmen that feel as we do, that the action taken byTpart 

 ol the New York Yacht Club is unfair, unsportsmanlike, discredi- 

 table to the nation and destructive to international mchig, should 

 enter a protest against such aotion. B ' au0Ula 

 Just now there is considerable feeling over the late races; men 

 are proud of the Volunteer's victory and ready to accept Anything 



expressed spirit of the 

 sport among gentlemen. 

 There are two dime 



essary to build a new yacht, if needed, arid t] 

 nee. The question as to notice could easily 

 confining the races to yachts actually built and that have raced 

 in the season preceding the one for which they may challenge. 

 This would be equally fair to both sides, and the result, showing 

 not which nation can outbuild or turnout aspe.ial boat on a 

 spurt, but which has the best vessel among its existing fleet, 

 ■ould be of more value than by the present plan. Ol course this 

 ould not. have done in the past, but the racing vacht is now a 

 recognized institution, none other will compote for the Cup, save 

 the fastest of a nation's fleet iu the class, and the test will be fair 

 to all. Further, it will remove the complaint so long urged bv 

 the New York Y. C, that the holder is put to tho expense of races 

 by untried and experimental yachts, not representatives of the 

 fleet, as uo yacht will be apt to cross the Atlantic again unless 

 clearly the superior to any of her home fleet. As to time, allow- 

 ance, it is not possible to lay down a fixed rule with a certainty 

 that it may not be obsolete in a few years, and at the same time 

 it is obviously necessary that the matter be not. left to the whim 

 of any club which may hold the (hip, else thev might find in 

 its past history a precedent for unfair change of the club 

 rule. It must, be considered, however that the tendency 

 now is strongly toward fairer rules and greater uniform- 

 ity; the new British rules not differing radically from the lead- 

 ing American. It migh^be possible for a club, in anticipation 

 of winning the Cup, to adopt a special rule which would enable it 

 to keep it, but. it is iu the last degree improbable, and it is difficult 

 to see how it could be done, as the rule would of necessity apply 

 to the club fleet as well as to the Cup races. To guard against 

 such a contingently, however, it would only lie necessary to pro- 

 vide that in case of non-agreement the races shall be sailed under 

 an average ot the allowances of both parties, the time being com- 

 puted by each rule, and a meau taken. The present bungling 

 attempt to settle the matter seems to have been made with the 

 idea that in declaring for no time allowance the committee was 

 avoiding the difficulty entirely, but it is evident that they have 

 only put. it in another and still more objectionable shape, by re- 

 turning to the dead rule of length. 



These two propositions may be open to argument, but tbe eight 

 points summed up above cover pretty thoroughly the principles 

 which should govern such races as those for the America's Cup. 

 We decline to pose as sponsors for all tbe statements which our 

 opponents have ascribed to us, but if they care to take definite 

 issue on the above points, we stand ready to defend them. 



Uditor Forest and Stream: 



In his defense of the new deed of gift, Mr. Burgess is not quite 

 consistent. He says it is a misfortune that under the new condi- 

 tions international yacht racing must be confined to wealthy men 

 or syndicates, and yet he defends' the deed which creates this 

 state of things. It was neither the intention nor the effect of the 

 original deed of gift. If the intention of the donors had been to 

 encourage yacht designing and yachtracing in the largest classes 

 only, they certainly would not have given such a wide range of 

 tonnage as from 30 to 300. 



Let the New York Y. C. beware lest they are hoist with their 

 own petard. If some millionaire on the other side with a craving 

 for notoriety should send over a racing machine of the maximum 

 size, with unlimited draft, beam and sail area, I doubt whether 

 even the Bostouian section of the Cup defenders would rejoice at 

 her advent. If such a boat succeeded iu capturing tbe Cup her 

 success would do no good to the cause of true yachting. She 

 would merely prove the power of money, and the short-sighted- 

 ness of the New York Y r . C. in encouragin 

 monster. 



ing a new type of marine 



Mr. Burgess knows as well as anybody that 80 to 90ft. sloops aud 

 cutters are an undesirable type of yacht. They are undesirable 

 iu themselves, and they have killed schooner racing. A man who 

 wauts a yacht over 75ft. on the waterline should have a schoonor. 

 As long as big sloops and cutters are allowed, of course wealthy 

 men will go on trying to out-build one auother, but there is more 

 true sport to be found in the smaller classes. The New York Y. 

 C. has made a great mistake in encouraging the building of 

 enormous single-stickers. Peivatb Opinion. 



t . New York, Jan. 14. 



THE BURGESS FUND. 



rpHE following correspondence has just been made public: 

 JL New York, Dec. 23, 1H87. Mr. Edward Burgess, Boston— Dear 

 Sir: Through the kind medium of our mutual good friend, Gen. 

 Charles J. Paine, we have the great pleasure of sending you the 

 treasurer's check for S10,172.2IS. the net amount received here in 

 behalf of the "National Testimonial Fund," in gratefulrecognitim 

 of your splendid genius and careful study, resulting in the model- 

 ling of the Puritan, Mayflower and Volunteer, which, making 

 such a marked advance, one after the other, on previous designs, 

 so successfully defended tbe America's Cup against the three 

 English yachts successively sent to this country to wrest it back. 

 No event has in late veai'B redounded more to the credit of this 

 country abroad, reflecting, as it did, the earnest concentration 

 of ingenuity of our people when occasion should require, and 

 forcing the acknowledgment of the English press and people that 

 they have met more than their match on the clement on which 

 they held themselves pre-eminent. 



