Article VII. It is recognized by the Sultan and the Datus that the King of Spain is powerful these days and is just and merciful in acquiring "Kunkista," and that it is not right to build forts without informing the Spanish Government nor to buy arms without having also informed the Spanish Government, nor to have boats carry any arms except the kris and the spear, for other arms are signs of enmity.

Article VIII. The Spanish Government, wishing to promote fellowship with the people of Sulu, gives the sultan and the datus t.i.tulu (t.i.tles) to increase their respect and honor.

Article IX. The Spanish Government a.s.sures the Sultan and all the people that it will let their religion alone, and that it will not try to change their religion, nor object to the free exercise of their worship and the customs of their race.

Article X. The Spanish Government does also promise the people and the Sultan that it will not break its word. It also promises to recognize the ranks of the Sultan and the Datus, and also those of subordinate rulers and the people.

Article XI. Sulu boats and goods may go to Spanish countries without any objection, in the same manner as if they belonged to that country.

Article XII. All ships that come to Sulu, except those of Spain, pay duties as previously, in order that the Sultan and the Datus may get a share of the income of their towns, and may adopt measures which will improve and benefit the town.

Article XIII. If the power of the Sultan is well established and sustained, he may be able to secure other profits besides this, by helping the Spanish Government, in accordance with Article 3 of the treaty of 1836, providing for the building of a trading post which would be guarded by Spain. It will be proper for the Sultan and the Datus to help in the erection of this trading post, and all labor and lumber shall be paid for according to the custom of the place.

Article XIV. This trading post shall be built near the site of the fort of Amil Bahar. [215] It shall not encroach upon nor cause any injury to the cemetery of the Mohammedans, but out of due respect to their religion no house shall be erected there, and in case any be erected it shall be destroyed.

Article XV. The Sultan of Sulu has the right to give pa.s.sports to all of his people who request it, sign those which he issues, and countersign Spanish pa.s.sports coming to Sulu.

Article XVI. The Spanish Government, forgiving the previous offenses of the Sultan, and in consideration of the destruction by fire of his palace and his fort, grants the Sultan a yearly sum of P1,500 as a help and an indemnity for his losses. The Spanish Government also grants to each of the Datus Mohammed Buyuk, Muluk, and Amil Bahar, P600 a year, and to Tuan Sharif Mohammed Binsarin P360 on account of his good services to Spain.

Article XVII. The articles of this treaty shall take effect to-day. They shall be shown to the Captain-General of the Philippine Islands lest he would not agree to them. They are also in Spanish.

This treaty gained its purpose in that it checkmated the agreement of Sir James Brooke, but it certainly did not receive as much consideration at Jolo and Zamboanga as it did at Madrid and London. Its effect was temporary only. As early as 1854 a town on Kapul was burned by the Spanish forces from Basilan. In 1855 the Sulus made a dash upon Zamboanga and burned the best part of the town. The "Light Fleet"

issued from Isabela de Basilan in 1857, surprised Simisa, rescued 76 captives, and took 116 prisoners. The chiefs against whom the expedition was directed presented themselves later to the governor of Zamboanga and exchanged the Moro prisoners for 60 Christian captives, 1 priest, and 1 European woman. Many pirates continued to scour the remote parts of the Archipelago. In 1858 Governor-General Norzagaray published a proclamation calling the attention of chiefs of provinces and munic.i.p.alities to the approach of the season at which the pirates appear, and invoking their aid to caution the people and to take proper measures for the defense of their towns. Rewards were also offered for catching or killing pirates and for seizing their boats wherever found, but this had no important effect. In 1860 about 400 Moros raided the Straits of San Bernardino and plundered several settlements.

The year 1861 marks a new era in the history of piracy and a new step in the organization of government for Mindanao and Basilan. At this time Spain and the Philippines were pa.s.sing through a period of progress. Alive to the truth that commerce and piracy can not coexist, the government provided a competent naval force by which it was able to maintain unquestionable supremacy in the Sulu Sea. It purchased eighteen steam vessels in England and used them for chasing Moro pirates and for blockading the port of Jolo. The operations conducted by these vessels drove away hordes of pirates from Philippine waters, and, in the course of a decade, terminated that long term of piracy under which the Islands had suffered for three centuries.

POLITICO-MILITARY GOVERNMENT OF MINDANAO AND ADJACENT ISLANDS

Affairs in Mindanao had progressed so satisfactorily that Pollok, Kotabato, and Davao were occupied by permanent garrisons, and peace and tranquillity reigned over the Celebes Sea. A politico-military government was then established for all the pacified territory of Mindanao and Basilan, and was designated as the Government of Mindanao. It comprised six districts, the first five of which belonged entirely to the Island of Mindanao. The sixth was called the district of Basilan and was defined as "comprising Basilan and the Spanish possessions in the Archipelago of Sulu." Sulu was not brought under this organization until 1878, when an additional district was created for this purpose. The form of this government and its chief characteristics are best described in the words of the royal order creating it, which is herein given in full because of many points of interest which are contained in the text and form of the decree, and which can not be well ill.u.s.trated otherwise:

Superior Civil Government

Office of the Deputy Superintendent of the Philippine Treasury

CIRCULAR

The Minister of War and Colonies communicated to this Superior Civil Government, on the 31st of July of last year, the following Royal order:

Your Excellency: The Queen (whom G.o.d protect) has been pleased to issue the following Royal decree: Pursuant to the reasons laid before me by the Minister of War and Colonies, and in accordance with the opinion of the Council of Ministers, I hereby decree the following:

Article I. A politico-military Government is hereby established for the island of Mindanao and adjacent islands.

Article II. The Government of Mindanao shall be divided into six districts: 1. the Zamboanga District, formed of that part of the province of the same name which includes all of Sibugay Bay, and the west coast of the island as far as Murcielagos Point; 2. the District of the North, including, in the northern part of the island, all the territory between the boundary line of the 1st District and Dapitan Point, on Tutwan Bay; 3. the Eastern District, between Dapitan Point, and Karaga Bay; 4. the Davao District, beginning on the boundary line of the 3d District and including the Bay of Davao and all the southern extremity of the island; 5. the Central District, including Illana Bay, situated between the 1st and 4th districts; 6. the District of Basilan, comprising the Spanish possessions in the Archipelagoes of Sulu and Basilan. The capital of the Government shall be in the Central District, the most advantageous place at the mouth of the Mindanao River being chosen. These districts shall be divided into two cla.s.ses; to the first cla.s.s shall belong the Northern, Central and Eastern districts, and to the second those of Zamboanga, Davao and Basilan.

Article III. The Governor of Mindanao shall receive 6,000 pesos as salary, and 2,000 pesos as entertainment fund. The latter shall be supplied from the revenues from Government real estate and licenses. The Governor"s residence shall also be supplied by the State.

Article IV. This Governorship shall correspond to the cla.s.s of brigadier generals; but the first Governor appointed may be a colonel, who will be ent.i.tled, as a reward, to an appointment as brigadier general after three years.

Article V. The Governor of Mindanao shall be succeeded in his command by the officer of the highest rank in the island, pending the appointment of another Governor, or such action as the Captain General may deem advisable. In the districts, the Governor shall be succeeded by the officer next in rank, until the Governor of Mindanao appoints an Acting Governor and requests the Captain General to take such action as may be called for by the regulations in force.

Article VI. The duties and powers of the Captain General in regard to the Government of Mindanao, and those of the Governor of the island, shall be the same as those provided for the Bisayas in my Royal decree of this date. As military authorities, they shall observe the usual relations between Captains General and Commanders General of Provinces. The Governor of Mindanao shall forward each month to the Captain General of the Philippines a tabulated record of the resolutions taken by him in the exercise of his authority, so that the latter may be able to exercise with efficiency the general supervision to which he is ent.i.tled. The Captain General shall forward to the Supreme Government, through the proper channels, both this tabulated record, and a statement of the action he has taken in the premises.

Article VII. The districts of the first cla.s.s shall be governed by lieutenant-colonels and those of the second cla.s.s by senior majors.

Article VIII. The duties of these district governors shall be those specified, up to the present time, for the politico-military Governors of the island.

Article IX. The Governor of Mindanao shall have a Secretariate with the following personnel: a Secretary at 2,500 pesos per year; one clerk, cla.s.s one, at 1,200; one clerk, cla.s.s two, at 1,000, and one clerk, cla.s.s three, at 800. 1,000 pesos are furthermore provided for the salaries of copyists, and 500 for office supplies.

Article X. There is hereby created for Mindanao a Revenue Office which shall serve as depositary of the revenues, and shall have charge of collecting all taxes, and of the administration of the Army. It shall have the following personnel: an Administrator at 2,500 pesos; a Controller at 2,000; one clerk, cla.s.s one, at 1,000; two clerks, cla.s.s two, at 800, and a cashier at 800. 1,500 pesos are provided for the salaries of copyists and other auxiliary employees, and 600 for office supplies.

Article XI. The chiefs of districts shall remain in charge of the collection of taxes in the manner hitherto established, and shall be ent.i.tled to the allowances provided for that purpose. The provisions of this article shall not interfere with those already made for the departments of the administration which exist at the present time in Mindanao and their dependencies.

Article XII. For expediting their official business the district governors shall have a secretary at a salary of 800 pesos in districts of the first cla.s.s, and 600 in those of the second cla.s.s. To each secretary"s office 75 pesos are a.s.signed for office supplies, and 150 for a copyist.

Article XIII. The mission of the Jesuits, which has already been sent to Mindanao, shall look after the spiritual wants of the island, and Jesuits shall take the place of the other priests as soon as the mission has a sufficient personnel, and in the manner which may be deemed most convenient.

Article XIV. The first and princ.i.p.al object of the mission shall be to secure the conversion of the races which have not yet been subjected, and even after the parishes of the island are provided for it shall maintain a sufficient number of missionaries for that purpose; each missionary shall be aided to the extent of 800 pesos a year from the Royal Treasury.

Article XV. The War and Navy Departments, together with the Colonial Office, shall decide what forces of the army and navy are required for Mindanao; the Captain-General shall have authority to make such changes as the circ.u.mstances may require, but he shall always report such changes to the respective Ministers for approval.

Article XVI. The Governor can use the naval forces whenever he finds it necessary, with the a.s.sent of the commanding officer thereof.

Article XVII. It shall be the constant duty of the army to explore and to occupy the country; for that purpose, two columns at least shall be detached each year from each district, and go through said districts in different directions. The chiefs of these columns shall make out a report about the territory reconnoitered by them; said reports shall be included in a general report made by the Governor, which shall be forwarded to the Department of War and Colonies through the Captain-General of the Philippines; this information will allow the Governor to give, in the following years his instructions to the columns sent out to explore the country, without losing sight of the advantage of establishing friendly relations with the tribes which inhabit the island, and the necessity of maintaining communication between the different districts. These columns shall be provided with everything that may be required to overcome the obstacles they will find on their way; and during the expedition, officers and soldiers shall receive field rations, issued in kind, according to the advice of the Military Health Department. For this purpose 10,000 pesos shall be carried on the budget for the first year, and 100 pesos shall be given for each expedition to the officer commanding a column, for extraordinary expenses.

Article XVIII. Two special agents shall be appointed by the government for the purpose of studying means of developing all the natural resources of the island of Mindanao.

Article XIX. In order to encourage colonists to settle in such parts of the island as may be deemed best, they will be furnished, at their request, the tools and implements required for their work or trade. The Governor is furthermore authorized to pay the traveling expenses of colonists who may wish to settle in the island without exceeding the sum hereinafter provided, the expenditure of which shall be duly accounted for. The new settlers shall be ent.i.tled to the foregoing privileges for ten years, and 12,000 pesos shall be appropriated for that purpose during the first year, from the revenues accruing from government real estate and licenses. The new settlers shall be exempt from tribute; the same favor shall be granted all tribes that submit peacefully.

Article XX. The laws and regulations in force in the other islands of the Philippines shall be observed in all the offices of the Treasury Department. The prohibitions mentioned in the tariff shall apply to the custom house of Zamboanga; articles imported into the island in Spanish bottoms, and for local consumption, shall pay, during the next ten years, 2 per cent ad valorem, if of Spanish origin and 5 per cent if of foreign origin. If brought under a foreign flag said articles shall pay double the amounts specified above. If, after importing an article for use in the island, it is reexported to some other Spanish island, it shall pay, on arrival at the latter the difference between what has been paid in Mindanao and the regular duty established in the tariff.

Article XXI. Lands now under cultivation, and those placed under cultivation during the next ten years, shall pay no other impost than that required by the regulations now in force, per quinon of land, as an acknowledgment of ownership. [216]

Article XXII. The Government shall always have on hand a reserve fund of 10,000 pesos to meet any urgent and unexpected need that may arise; in such cases only, the Governor shall a.s.sume the responsibility of using this sum, or part of the same, and shall account for the expenditure, in the usual manner.

Article XXIII. A sum of 3,000 pesos per year is placed at the disposal of the Governor for presents to the independent tribes, for the purpose of gaining their friendship; the same amount is a.s.signed to the mission of the Jesuits. These funds shall be expended and accounted for in the best possible form.

Article XXIV. For the expenses of installation a special estimate shall be drawn up, and action shall be taken thereon as provided by the laws for urgent cases.

Article XXV. No extra pay or allowances of any kind shall be given except such as are provided in the present decree, and the per diems usually granted military engineers when they are sent out on official business.

Article XXVI. The War, Navy, and Colonies Departments shall execute the present Decree in the parts which respectively concern them, and shall work in common for the execution of such parts thereof as may belong to two or more Departments.

Article XXVII. So many of the laws and orders in force as are inconsistent with the provisions of the present decree are hereby repealed.

Given at San Ildefonso on the 30th of July, 1860.