FOHEST AND Sttl^AM. 
47B 
FIG, 18— FRAME OF NO. 1, WITH RIBBANDS IN PLACE READY FOR TIMBERING AND PLANKING. 
The Independence Correspondence* 
The Independence controversy is closed so far as the 
New York Y. C. is concerned, and unless Mr. Lawson 
conforms to the rules and regulations of the club, which 
he has not seemed disposed to do up to date, his boat will 
not be seen in the trial races. The letters are as follows : 
"Boston, May 25. — Commodore Lewis Cass Ledyard, Chairman 
o{ Committee, New York Y. C— Dear Sir: Your letter of yes- 
terday with the assurance that my boat can take part in the trial 
racesi and, if selected, may defend the cup, was received this 
morning. . 
"I will at once charter an interest in her to such persoii or per- 
sons as may be agreeable to your committee and will give such 
person or persons full control and management of her during the 
match. I thank your committee for having suggested a way to 
fairly determine in a sportsmanslike manner which boat shall 
be selected to defend the. cup, and I will ' do all in my power 
lo make the contest a success. Believe me, yours very truly, 
"Thomas W. Law.son.' 
"41 West Forty-fourth -Street, New York, May 28.— Thomas W. 
I.awson, Esq.— Sir: 1 have received your letter of May 25, in 
which vou say that you will charter an interest in your yacht lo 
such- person "or persons as may be agreeable to the committee, 
and will give such person or persons full control and management 
of her during the match. 
"Any member or members of this club to whom you may elect 
to charter your 3'acht by a charter which will vest in him, or 
Lhem, during its verm, the full control and management men- 
tioned in your letter, would be a "person or persons agreeable 
to this committee.' .,, ^ i 
•'If you will refer to my letter of May 10 you will find that 
this matter has been already fully explained to you. 
"Respectfully, 
"Lewis Cass Ledyard, Chairman," 
"Boston, May 29. — Commodore Lewis Cass Ledyard, Chairman 
of Committe, New York Y. C— Dear Sir: Your letter of 28th 
inst. received this morning. I have handed the entire corre- 
spondence to my counsel with instructions to draw a form of 
charter in accordance with the agreement reached therein. 
"Upon receipt of same, and before selecting the members of 
your ckib who will be asked to act, I will submit same to you 
for your approval. Believe me, sir, yours very truly, 
"Thomas W. Lawson." 
"41 West Forty-fourth Street, New York, June 3.— Thomas W. 
Lawson, Esq.— Sir: In reply to your letter of May 29 I beg to 
say that it is not necessary for you to submit to the committee 
the form of any charter you may propose to make. « 
"It is the duty of any member chartering a yacht to notify 
the secretary of the club. He thereby accepts full responsibihty 
for the conduct of the vessel. 
"The arrangement between the owner and the charterer is, as 
already stated to you, one wholly between them. 
"It is the custom of the club to accept the statement of the 
member without further inquiry, and the 'committee is not aware 
of any reason for departing from that custom. 
-1 "Respectfully, 
"Lewis Cass Ledyard, Chairman." 
"Boston, Mass., June .5. — Commodore Lewis Cass Ledyard, 
Chairman of Committee, New York Y. C. — Dear Sir: Your letter 
of June 3 received. As I informed you in my letter of May 29, 
I handed the entire correspondence to my lawyers with instruc- 
tions to draw a charter in conformity with the views of both of 
us as expressed in the letters. 
"I inclose herewith such charter, duly executed by me, together 
with a copy of the letter of the attorneys to me, giving their opin- 
ion of and their reasons for the form in which the charter is 
drawn. My own opinion is that they have fairly and successfully 
overcome the seeming obstacle by making a charter which, while 
it allows you to maintain your position that the vessel defending 
tlie cup is the representative of your club, also allows me to 
maintain the position which I have held from the start, vi?. : 
that any American owning the best American boat may defend 
tlie cup without giving away his boat. 
"In asking the members of your committee to accept the posi- 
tion of the charterers, I wish to assure you that I will do every- 
thing necessary to free you in every waj' from owners' duties. 
My captain, officers and crew are in every way able and compe- 
tent; the designer, Mr. Crowninshield, will be with the boat, 
and as I will personally manage . my boat through the season I 
will be onlj' too pleased to give to the charterers all the assist- 
ance desired. 
"I trust the charter will be entirely satisfactory and that the 
members of your committee will accept the same. If, however, 
it should not in whole or in part meet their views, kindly send 
me one with any changes you rnay desire. Believe me, 
"Yours very truly 
"Thomas W. Lawson." 
The charter in full follows: 
"I, Thomas W. Lawson, of Winchester, Middlesex county. 
State of Massachusetts, sole owner of the yacht Independence, 
do hereby charter, devise and let such interest in the said yacht 
Independence as is hereinafter expressed and set forth, to Lewis 
Cass Ledyard. S. Nicholson Kane, August Belmont, C. L. F. 
Robinson, J. V. S. Oddie, ,E. D. Morgan, E. M. Brown, J. Pier- 
pont Morg'an and C. Oliver Iselin, members of the New York 
Y. C, for the period and for the purposes, conditions and limita- 
tions hereinafter set out, 
"Whereas, The yacht Independence was built by said Lawson 
for the purpose of offering her as a candidate for the honor of 
defendiiv;' the yachting trophy called 'The America's Cup,' and 
of defend'ng the said cup and keeping the same in America, pro- 
vided «aid yacht be the best American-built vessel for that pur- 
po^e, and the New York Y. C. holds as trustee said cup under 
a deed of gift in trust, and the New York Y. _C. has notified said 
Lawson, owner as aforesaid, that a match for said cup can be sailed 
nn'v between a challenging (foreign) yacht club on the one hand 
; rrl the said New York Y. C. on the other, and is not open to 
01 er contest (nor to defense by the best American-built yacht 
unless entered for the match by a member of said yacht club 
which holds said cup. as trustee) ; and, 
"Whereas, The New York Y, C. has notified said Lawson, 
owner as aforesaid, that it, said yacht club, trustee as aforesaid, 
has made_ certain constitution, by-laws, rules and regulations or 
customs, in addition to said deed or deeds of trust, to the effect 
that the said yacht Independence, in order to enter, if selceted 
for the purpose the races for the defense of the America Cup, 
'must be qualified to fly the flag of the New York Y. C.,' and 'be 
under the responsible maangement of one or more of its mem- 
bers,' and that to be so qualified she, the yacht Independence, 
must be either 'enrolled in the name or names of members' of 
the New^ York Y. C. trustee as aforesaid, or must be 'chartered 
to a member or members' of the club, trustee as aforesaid, 'for 
a period of not less than t^vo months >' and. 
"Whereas, The New York Y. C, trustee as aforesaid, upon 
being informed by said Lawson, owner as afore-said, that he 
would charter an interest in said yacht, 'to such person or persons 
as may be agreeable to the committee' of the New York Y. C, 
and would 'give such person or persons full control and manage- 
ment' of the yacht 'during the match,' notified the said Law;son 
that 'any member or members' of said club to whom he might 
elect to charter the yacht 'by a charter which will vest In him or 
them during its term the full control and management' of her 
during the match 'will be agreeable' to said New York, Y. C. ; and, 
"Whereas, The said I^ewis Cass Ledvard, S. Nicholson Kane, 
August Belmont, C. L. F. Robinson, T. V. S. Oddie, E. D. Mor- 
gan, E. M. Brown, J. Pierpont Morgan and C. Oliver Iselin are 
members of the New York Y. C. and persons agreeable to the 
said club; ' 
"Now, this instrument witnesseth: That the said Lawson m 
order that the said yacht Independence may qualify, provided 
she show herself to be the best American boat, to enter the match 
to defend the said cup, does hereby execute this charter on the 
following conditions: 
"First — That, provided the charterers or the New York Y. C. 
notify said Lawson that said yacht Independence has been selected 
to defend the America Cup, the said Lawson will deliver such 
interest in said yacht as is necessary to give to the charterers 
sole control and management during the match for the America 
Cup lo the charterers in the port of New York three days preced- 
ing the date fixed for the first match or cup race, such interest 
in the said yacht to be retained by the said charterers for a period 
to and including the last match for the said America Cup, 
and in general for such period as may be necessary to qualify said 
yacht to enter and take part in said match. 
"Second— That the said Lawson will provide and pay for all the 
provisions and wages of master, officers and crew and other 
expenses necessary to maintain the said yacht and those in con- 
nection with her, and such sails, spars, rigging and other things 
that may be necessary in order to properly carry out the purpose 
for which this charter is made. 
"Third — That the charterers shall not have the right to use 
the said yacht for any other purpose than that heretofore specified, 
or what "may be incident thereto, and it is distinctly understood 
and made a part of this instrument that said Lawson shall continue 
to be the sole owner of said yacht Independence at all times 
■ until said match shall have been completed. 
"Fourth — That the charterers are to see that the purposes for 
which this charter is made are complied with. 
"Fifth — It being the purpose and effect of this charter to give 
unto tlie parties to whom said yacht is hereby chartered all rights 
and powers, both as to time and as to management and control, 
which are necessary to qualif}' said yacht Independence to enter 
and take part in said match for the America Cup, and this instru- 
ment shall be so construed. ' 
"In witness whereof I, the said Thomas W. Lawson, hereunto 
set mv hand and seal this 6th day of June, A. D. 1901. 
"Thomas W. Lawson." 
The opinion of Mr. Lawson's attorneys is as follows: 
"Boston, June 5. — Mr. Thomas VV. Lawson, 33 State Street, 
Boston. — Dear Sir: At your request we have examined the cor- 
respondence between yourself and the chairman of the committee 
of the New York Y. C. for the purpose of drawing a charter 
which should conform to the views of both parties as expressed 
in the letters which have passed between you, and we herewith 
inclose a form of charter which seems to us to meet the 
requirements. 
"We have also examined copies of the deeds • of gift under 
which the America Cup is now held in trust, and incidentally, 
the constitution and by-laws of the New York Y. C, and so far 
as we are able to procure the information, the 'customs' to which 
one letter of the committee makes reference. 
"The committee of the club seems to be of opinion that, either 
by the deeds of gift or by the constitution or by-laws or customs 
of the club it is necessary for the Independence to be under the 
control and management of one or more of its members during 
the match. It is unnecessary for us to comment on the legality 
of a trustee modifying the terms of a deed of trust for its own 
benefit, for, as we understand it, you desire a charter drawn to 
meet the views of both of you, and this is not impossible, as 
the inclosed form indicates. 
"The committee is, of course, familiar with the fact that in the 
past, since the cup has been in the possession of the New. York 
Y. C, it has been defended by owners other than members of 
the New York Y. C, and m the later letters of the committee — 
see letter date'd May 28 — they recognize the proprietj' of your 
chartering only such an 'interest in your yacht' as will give 
to the members of the club the ftill control and management men- 
tioned in your letter — i. e., during the match. In other words, 
their later letters only ask for a technical compliance with their 
views, and they do not now ask that you transfer your actual 
ownership. 
"Your own position in the matter is clearly stated in your 
first letter to the committee, i. e., the letter of April 25, in reply 
lo their letter of April 23, viz.: that you would give to the New 
York Y. C. full control and management — that is repeated, sub- 
stantially, though in different words, in your subseqtient letters — 
though you have steadfastly pointed out one limitation, viz.: 
that you will not in fact part with your ownership to any indi- 
vidual, nor become a party to a deceptive pretense of transfer of 
ownership. You will, however, notice that in their letters of 
May 24 and May 28 the committee recognizes that your boat 
may race — not merely a boat which you now own may race if 
you cease to own her, but your boat; and the committee's letter 
of May 24, and your own letter of May 25 define the practical 
method of complying with the requirements of your own previous 
correspondence, viz. : the open retention of ownership, and at 
the same time of complying with the requirements of the com- 
mittee by giving over to a member or members of the club full 
control and management during the match. 
"The committee has in its later correspondence said nothing 
regarding a desire to control your boat during the trial races, 
as distinguished from the match or cup race; apparently recog- 
nizes the incongruity, if not impropriety, of asking to control 
your boat while in competition with their own. 
"You wil! notice that we have inserted the names of the mem- 
bers of the Challenge Committee of the New York Y. C. as the 
charterers. _ We entirely agree with your own suggestion tliat it 
would be inappropriate for you to make any invidious distinc- 
tions by the selection of a particular name from the list of the 
New York Y. C members, especially as the charter is only 
demanded by the committee to technically conform to their 
views. It would have seemed most appropriate to name all the 
members of the club as charterers were this not impracticable: 
the only remaining course seems to be to select certain officials 
of the ckib, and as this committee consists of the only members 
of the club whom you officially know; as they opened up a corre- 
spondence with you, cind declined to express any preference, 
these persons are most naturally the ones to assume the duties 
which the3' themselves demand to have assum.ed bv some one. 
"We have, therefore, drawn a charter, which exactly meets the 
requirements of both of you, and have incorporated the material 
portion of the correspondence as the simplest and clearest method 
, of expressing these requirements. Yours truly." 
Commodore Lewis Cass Ledyard's reply to all this, whieh closes 
the subject, was sent on June 7, and is as follows: 
"41 West Fortv-fourth Street, June 7.— Thomas W. Lawson, 
Esq.— Sir: Your letter of June 5 was received this morning. The 
papers inclosed therewith consisting of an instrument signed by 
you and a copy of a letter addressed to you by counsel, whose 
name is not di.sclosed, are herewith returned to you, the commit- 
tee having notified you on June 3 that it did not desire you to 
submit to them a form of any charter you might propose to make. 
"Throughout the entire correspondence this committee has 
been anxious to believe that you had no other object than to 
avail yourself of such reasonable regulations as might be neces- 
sary to qualify the Independence to compete for the honor of 
defending the cvip, and they have, therefore, in spite of many 
things in your letters to which exception might have been taken, 
treated you with uniform courtesy. 
"Your" last letter, however, with its inclosures, indicates a set- 
tled purpose on your part to misunderstand the position of the 
committee, which has been again and again stated to you_ in 
terms too plain to be open to any but willful misconstruction. 
"It is evident that further discussion can serve no useful pur- 
pose, and the committee therefore must decline to pursue the 
subject further with you. 
"if p. niciT'l)pr at this club notifies the secretary that he has 
chartered the Independence, or that he has accepted a transfer 
of her, it will be for such member to enter her for such events 
as she may be qualified to enter. Respectfidly, 
"Lewis Cass Ledyard, Chairman." 
Yacht CI«b Notes. 
The open spring regatta of the Morrisania Y. C. will be 
sailed Sunday. June 23, over the course in the East River 
and Sound. The yachts will sail in three divisions, and 
the start will be made at 11 A. M. from a buoy anchored 
off the club house at One Hundred and Fifty-sixth street 
and the East River. Entries will close with J. Bartro, 
Secretary of the Regatta Committee, on or before June 23. 
II K 
The Regatta Committee of the Larchmont Y. C, John 
F. Love joy. Howard W. Coates and Frank Hardy, has 
issued a circular announcing the spring regatta of the club, 
which will be sailed on Jime 15. This regatta is open to 
yachts of the New York, Eastern, Seawanhaka Corin- 
thian, Atlantic, American, New Bedford, New Haven, 
New Rochelle, Corinthian of Marblehead, Hull, Indian 
Harbor. Riverside. Horse Shoe Harbor, Corinthian of 
Philadelphia, Sea Cliff, Knickerbocker, Huguenot, Shelter 
Island and Massachusetts Bay yacht clubs. There will be 
races for all the regular classes according to the club's 
classification, and for special 30-footers, Larchmont spe- 
cial 25-footers and raceabouts. Prizes will be given in 
each class where there are two starters, a second prize 
where there are four starters, and a third prize where 
there are five or more starters. The preparatory signal 
will be made at 11:30 o'clock. Entries must be lodged 
with the Regatta Committee at Larchmont not later thari 
8 o'clock on Thursday evening, June 13. All yachts en- 
tered for this regatta must be reported to the Regatta 
Committee at the Club house before 9:30 o'clock on the 
morning of the race, when the owner will receive a chart 
of the course and sailing instructions. The tug C. P. 
Raymond has been chartered for the use of the committee, 
and will carry a limited number of members. Tickets are 
$1 each. 
^ fc^ 
The Regatta Committee, N. Y. Y. C, has issued the 
programmes for the club's fifty-fifth annual regatta, and 
the races for the Glen Cove cups. The former will be 
sailed over the regular courses down the lower bay and 
around the lightships, on Thursday,' June 20, while the 
latter will be over a triangular course on the Sound, start- 
ing from a line between the committee boat and a mark 
one-quarter of a luile from Matinicock Point buoy, on 
Tuesday, June 25. 
Entries are invited for the several schooner and single- 
masted and yawl classes in the annual regatta, for which 
prizes are offered in each class — a cup for the first boat, 
if two or more start, and a cup for the second, if four or 
more start, the cups for the yachts in cruising trim being 
two-thirds of the value of those offered for the boats in 
racing trim. 
The Bennett regatta cups — a cup for schooners and a 
cup for single-iuasted vesse's and yawls— will also be 
sailed for, in racing triiu. over Course No. i, around 
Sandy Hook Lightship. These cups may be seen at the 
club house. 
Entries for the annual regatta must be made in writing 
and lodged with the Regatta Committee at the club house 
before 11 o'clock in the morning on June 19. 
The iron steamboat Cepheus. provided for members and 
guests of the club on regatta day. will leave Pier No. i, 
North River, at a quarter past ten o'clock punctually. 
The Glen Cove or N. Y. Y. C. Station No. 10 races are 
for all the classes, and also for the 30-footers owned by 
members. In each class there will be a prize for the first 
boat if two or more start, and a prize for the second if 
four or more start. 
The start of the Glen Cove races will be luade at half- 
past eleven o'clock. The usual preliminary and prepara- 
tory signals and intervals of time will be given for the 
schooners and sloops, but the th-rties will have a one-gun 
start. 
Appended to the Glen Cove programme is this noting j 
