The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-12
AFFAIRS In CUBA AND PORTO RICO
Cuba Part Of the Appansge OF the Spanish
Crorvn-1he Cuba Question In the Spanish
Coites-sentencc Of nh American Captain In
Porto Rico, &C.. &c.

CO1tes-Sentencc Of American Captain Ina
Porto Rico, &C., Sc.
OUR HAVANA CORRESPONDENCE.
HAVANA, March 80, 1859.
The Sovereignty Of Cuba in Legal Point of Vieup-H Re-
sides Only in the Cro,on-7he Co,tes and Ministers Of
Spain hare JyisdooD Orer Historical Proofs de-
Since the declaration made by the Spanish Cortes-as
well previous TO the " never never" which il con-
tanshe journals Of the United States and those of spa
and France have been and still occupied discussing
the possibility, and the legality OF the sale Of Cubs
and the idea Of this legality is yet persisted in %
the part Of the authors Of the idea We who have as
raaed voice this question, now propose TO examine
and explain it, under the aspect Of its proper and rigorous
legality-leaving aside the possible" which is never
excluded and which is likely to ques-
ton than when treating Of negotiations with court like
that Of Madrid.
If the government Of Spain it's Chambers possessed
the rights of contracting party the 'purchass and
sao which is treated Of they could the unrealiza
BILE character Of the negotiations, its difficulties or fs
great cos because the interested parties who would have
10 be satisfied would be many But unfortunately tha
ministerial spectators OF that Court neither the
radoras, nor the Deputies nor General ODonneli nor
Donna sIanuela his wife, are those who have the power
the public treasury have been separate in Spain ever
since when its kings and their conquests absorbed the
moDy has W never I beep una9 nor ' oonoanass
with that which appertans TO the State This separation
and division have been much more marked and
EpeCted since the adoption OF constitutional forms made
them necessary and Indispensable But the regaa of he
royal patrimony has been served much intact
and been much more respected IN America than in Spain
and both in Spain and in America special judges have
been charged with its preservation.
IT, Notwithstanding ths the rights Of the royal patrimo.
have been sometimes in America conounded with thosb
OF the State attrlbung to the latter power the fog
mer is owing, without doubt, to the despotc form
der which the colonies have been governed The
pence Of the crown over the pacific soil Of America beg
with the very project Of discovery by Columbus.
uhOu0 has haar.
by historian who rivals Tacus and Robertsondefraye1
the Of the first voyage Of Columbus money
her own jewels and her clothes; and modern writer
has put the energetic phrase into the mouth Of the
her Clothes but would sell Them were il necessary
70 preserve he her precious isle, Thus in the
o U the are rooted the
American soil And so careful have been the kings,
cessors of Isabella the Catholic, in always sustaining in
all its integrity that in many laws Of the Code entitled
Recoptacion de midas the principle is laid down that
the dominion Of all the lands Of America belongs the
said in the fourteenth law, title twelfth book fourth
RecCpacion de Indids, awe having inherited entirely
the segnory Of the indies and belonging to parin
ny and royal crown the un0ccuped grounds soils ana
lands which have not been conceded by the Lords kgo
our predecessors, ETC. p and these rights have alwa5o
been Ieasserted by his descendants, as appears in
The right Of intervening the cession OF the island ~
Cuba is not then, can be- In the Oortes in H.
Cabinet Of Madrid and consequently the protests and a.
caraons Of the Spanish Cortes groundess rdc
pSsby @ insisted
is for this also that the President his message, -
nounced the idea of prepayment. I
longs and corresponds, exclusively TO the QueH
Of Spain, II is still important 70 know u
ancient times, and through voluntary although not grat
tous concessions by the predecessors of Isabella the
Cuba has been separated from the Crown, aud sold Z
granted to the inhabitants grants and transfers VIII
have been ratified more than once, and in the year
firrav Ia
that the Queen Isabella herself, the only and capable
tracing party, cannot sell anything but the segnor
"realedgo' (royal Incorporated andsD that OF tn
segmens between estates granted and the fragment
them signify the protests and declarations OF the Cortc
In the face Of these observations, what force or n
island Of Cuba have against its transfer-uness. ind
hey only desired 10 initiate the example of Brennus ~
he MS na sS 70 SD The
ceved the idea of these dersve Representatives. ~
be might vangory himself like another Tmarchu3f 70
Cretan ought Also like him, TO suffer his banishner
perchance another Nero governed now In Cuba. eavn
the hope that the time was approaching when and ~
Thrasea, who, reminding us Of the prohibition Of
false representations would require full reparatoI
such conduct.
OUR PORTO RICO CORRESPONDENCE.
SAN JUAN, Porto Rico March 10, 1855
Fate Of The Creo Of the Wrecked Sauer-Her Cdroo Sol
s25 Head-Casc of Capt. Sheffield Of Boston-7he
fray with his Xate-Spaaish SodiTs-Cap Sad
oeHfeUceu 70 StS ears imprisonment, dc.
Now confined in the spacious and comfortable priso
this city is the crew Of a slave bark numbering abb
thirty persons. The bark landed about six hundred he
Of her cargo at small town the island and was stan
ing in for the land TO leave the balance Of her stock
another point but unfortunately for those who were u
cuniary interested she brought up and was 900
after made prize Of by the authorities shore Tn
crew Of the bark made their escape shore, but wer
soon after arrested. The captain has probably mad1
his escape The officers and crew WIN unquestonaby b
liberated in . few days. ~
The bark was lowed into this port by Spanish NJ
steamer, with four hundred negroes board They ~
being sod per order Of the government s25 per head
to serve for the term Of six years. None of the bas
that brought by the bark exceed the age of
i've years, except about dozen old women They ~
sold in lots To suit purchasers.
IL. In the t same prison Henry L. Sheffield, captain Of al
Captain shefned's first mate, who goes by the oosru
men ns Mee5' VINO sspued 70 be violently
til the captain could not endure Keens menacug thres
and wanton audacity any longer and upon occasio
captains person. the captain seized his sabre and dea
his adversary blows cutting him across the face an
head, but not seriously njuring Keen. Immediate
gun and discharged iis contents into the cid
and shoulder Of the mate OF the Frances lar
Of Baltimore, who, together with Keen and sever
others proposed TO despatch the captain instantly III
ma.e o. .ne FRANCES Jane was going into his boat whi
in the hospital. :" ~
Captain Sheffield Is q man Of good address. and ha
heretofore been considered Z worthy citizen The 81
ray occurred on the 26h Of January last
There are now stationed this island 600 Spanis
troops, 200 of whom are quartered in this city, M
Spanish soldier enss for seven years, and receives
Per menth out Of which the clothing to be deducted
The sugar and m0lasses crop Of this year will fall sho
Of an average yield on this island.
ThA Acting American Consul, Hon. George Latimer
sign his office some time ago, and is expecting his su
cessopoo arrive Mr.. Latimer has, believe worth
~ represented the United States for the past twenty
years. He has been the meantime engaged in COMM
cia business and IL is presumed that he is now qu
wealthy.
MARCH p, 1881
Captain Sheffield, Of the brig julia Of Boston, has h,
received bis sentence by Spanish court for the term III
~ years imprisonment There will be appeal mad
for another trial.
In the chain gang OF this place an American from MI
York He concluded TO try his "hnnd in speculatnr,
forged orders He drew up order for 81 $780, pot n
money and then attempted To escape, but was nabbey
and now performing involuntary servtude with twenJ