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
CroSyn-The Cuba Question In the Spanish
Contes-sentencc Of mn American Captain Ina
Porto Rico, &C., Sc.

Porto RicO Sc, Sc.
OUR HAVANA CORRESPONDENCE.
HAVANA March 80, 1850.
The Sovereignty Of Cuba in Legal Point of Vieu-H Re
sides Only in the Croon-2he Cotes and Ministers IF
Spain hare JuridiioH Orer Historical Proofs de-
Since the declaration made by the Spanish Cortes-as
well previous to the never. never" which il con-
anshe journals Of the United States and those Of Spain
France been and still occupied in discussing
the possibility and the legality OF the sale Of Cuba;
and the idea Of this legality Is yet persisted In on
the part Of the authors Of the idea We who have also
raiaed voice this question: propose TO examine
and explain under the aspect Of it's proper and rigorous
egalty-leaving aside the possible" which is
excluded, and which likely to ques-
ton than when treating Of negotiations with like
that Of Madrid.
If the government Of Spain its Chambers possessed
the rights of contracting party in the 'purchass and
sale which treated Of they could assert the unrea
BILE character Of the negotiations difficulties or it's
great cost the interested parties who have
10 be satisfied would be many But unfortunately for the
radoIas, nor the Deputies, General ODonne nor
Donna Manuea, his wife, those who have the power
OF determining the SALE The patrimony Of the Crown
the public treasury have been separate in Spain ever
since when its kings and their conquests absorbed the
hes and that which belongs to tho patri-
mopy has never been united nor confonuded
with that which appertains TO the State This separation
and division have been much more marked and more re
spected adoption OF constitutional forms made
them necessary and Indispensable But the regaa of the
royal patrmony has been pre- served much intact,
and been much respected IN America, than Span
and both in Spain and in America special judges have
been charged with its preservation.
IT, Notwithstanding this the rights OF the royal patrmo
have been sometimes in America cOniounded with those
Of the State, arbuting to the latter power the for
der which the colonies have governed The pre-
hence Of the crown the pacific soil Of America began
great Queen-whose history has been best written
by historian who rivals Tacitus and
drawn from the rabbis Of those days only by pledain
her own jewels and her own cothes and modern writer
has put the energetic phrase into the mouth of the
Isabella, that she would not only pledge her jewels and
her clothes, but would even sell them necessary
TO TO-. preserve her precious isle. Thus, in the very
Of the to exclusive sovereignty the Spansh
American soil And careful have been the kings
Of Isabella the Catholic, in always sustaining it
all its integrity, that in many laws Of the entitled
Recopilaeion de midas, the principle is laid down that
Royal patrmony In the year 1873 Philip the Second
sad,n the fourteenth law, title twelfth, book fourth,
the segnory Of the Indies and belonging to our paic
ny and royal crown, the unoccupied grounds soils and
lands which have not been conceded by the Lords kings
been reasserted by his descendants appears many
royal DEGREES.
Cuba Is not, them be, in the Cores the
Cabinet Of Madrid and consequently the protests and de-
lous It s, in judgment, for this that the
possibility Of the negotiation is still insisted upon and it
IL IOr n1b also tnaL Inc freSuent, IN MS message, an
nounced the idea of a prepayment
But But If the power Of transferring Cuba be-
n Snss s,s AND exclusively 70 the Queer
limit which binds this power the present time. From
ancient times and through voluntary although not gratu
ous concessions by the predecessors of Isabella the
cond nearly the whole Of the supeces of the island Of
Cuba has been separated from the Crown sold and
granted to the inhabitants grants and transfers which
have been ratified than once and in the year 1919
were elevated to the category Of revocabe titles So
that the Queen Isabella herself the only and capable
tracing party cannot sell anything but the ssignory Of
those pieces Of land known in the island by OF
reaagos oya Incorporated lands;) that is OF those
segmenis between estates granted and he fragments Of
coasts and shores not possessed by individuals WHAT
'nen gnuy ne potcsls ana declarations OF the CortesS
proprety can the representations Of the Cabdos OF
island Of Cuba have against its transerunless, indeed
hey only desired TO initiate the example of Brennus VIII
threw his sword into the the weight oe
ne rap 'o i. ana certainly the Count who r.
he might vainglory himself like another Tmarchus u
Cretan, ought also, like him, 10 suffer his banshment
the hope that the time was approaching when anothe
Thrasea, who, reminding Of the prohibition Of suc
false representations, would require full reparaton f
such conduct.
OUR PORTO RICO CORRESPONDENCE.
SAN JUAN, Porto Rico, March 49, 1859.
Fate Of the Cre,o Of the Wrecked Slaur-Her Cargo Sold
s26 Head-Case of Capt. Sheffield Of Boston-7he Af,
troy With his Kate-Spaaish .Soldiers-Capt Sheffield
Sentenced to Sir Years Imprisonment, dc.
Now confined in the spacious and comfortable prison of
this city is the crew Of slave bark, numbering about
thirty persons The bark landed about six hundred head
Of her cargo at small town the island and was stand
ing in for the land to leave the balance Of her stock at
another point but unfortunately for those who were De-
cunary interested brought up reef and was soon
after made prize Of by the authorities on Shore The
crew Of the bark made their escape Shore but were
soon after arrested The captain has probably made
his escape The officers and crew win unquestionably be
liberated in q few days.
The bark was lowed into this port by q Spanish war
steamer with four hundred negroes board They arc
being sod per order Of the government per head
to serve for the term Of years. None of the black,
that were brought by the bark exceed the age of
I'VE years, except about dozen old women. They arf
sold in lots to suit purchasers
In the same prison Henry L. Sheffield, captain Of the
Captain sheled's first mate, who goes by the cosno
men OF Keen, who is reputed 70 be violently passionate
man. nsulted the captain and dsreearded his orders nm
til the captain could not endure Kecns menacng threat
ana wanton audacy any longer and upon an occasion
captains person the captain seized his sabre and deal
his adversary blows, cutting him the face ant
following this, the captain took down bis Tho
gun and discharged It's contents into the sid,
Of Baltimore, who together with Keen and severa
others, proposed 10 despatch the captain instantly III
was lying alongside Of the julia then at anchor in tn
narbor when the captain fred at him. Tho mate is no,
Captain Sheffield Is q man Of good address, and In
heretofore been considered Z worthy citizen The al
fray occurred on the 26th Of January last IL
There are now stationed on this island a. 900 Spans
troops, 200 Of whom quartcred In this city. Tn
Spanish soldier enlists for years. and receives
per month out Of which the clothing to be deducted
The sugar and moasses crop OF this year will fail sbor
Of an average yield on this island. III
TIA Acting American Consul, Hon. George Iatiner, RI
slgn his office some time ago. and is expecting his sue
cessoSeo arrive soon Mr. LAtmer has, believe worth
represented the United States for the past twenty v
years. He has been In the meantime engaged in CONNIE,
cia business, and IL is presumed that he s now oui
wealthy.
MARCH 81, 1850 II
Captain Sheffield, Of the brig JULIA Of Boston has in,
received his sentence, by Spanish court for the term
for another trial. -fs W
In the chain gang Of this place ia an American from No
York he concluded 10 try his 'shnnd in spocratinr,
forged orders He drew up order for 81 800 rot n
money and then attempted 10 escape, but was nabbe1
ana y now performing Involuntary servitude with TWEEN.