[Copy of the communication referred to in the foregoing letter.]

Most ill.u.s.trious and excellent prince Mohammed Israel, Sultan of Sulu. Most gratifying has been to me the announcement, which you conveyed to me in your letter of January 20th, of your happy accession to the sovereignty of Sulu, on account of which I offer you many congratulations, wishing you happiness in all things.

The disposition which inclines you to seek my friendship and a.s.sistance, as also the friendly relations which you maintain with my Governor of the Philippines, which you desire to establish and perpetuate by means of a mutual agreement, which may secure for the future firm peace and a perpetual alliance between your states and mine, increase my just gratification, especially as my Governor has informed me of the sublime natural gifts which are united in your person, with many and most expressive eulogies thereof.

In view of this, and of the constant fidelity which you promise in your letter, I command my good va.s.sal, Don Simon de Anda y Salazar, to listen to your proposals, to accede to them whenever reasonable, and to grant you all the favor and a.s.sistance which the forces and facilities to be found there may allow a.s.suring you of my Royal protection, which I extend to you from now on, confiding in your reciprocal friendship, and n.o.ble conduct, and desirous of opportunities of favoring you and of proving the interest which I feel in your good fortunes and the earnestness with which I pray G.o.d to preserve you many years.

Madrid, December 2, 1774.

I, the King.

APPENDIX XII

LETTER FROM THE CAPTAIN-GENERAL OF THE PHILIPPINES FORWARDING A COPY OF THE TREATY OF PEACE, PROTECTION, AND COMMERCE WITH SULU, DECEMBER 25, 1836 [277]

Superior Government of the Philippines

Most Excellent Sir: After having reported to your Excellency in my three former communications, the opinion which I have formed with regard to the countries in the vicinity of our possessions in the southern part of the Philippines, of the relations which we ought to sustain with their governments and the policy we should follow until we shall obtain the immense advantages which our position offers us, I have the honor to deliver to your Excellency a copy of the Capitulations of the Treaty of Peace, Protection, and Commerce, which I have concluded through the captain of frigate, Don Jose Maria Halcon, with the Sultan and Datus of Sulu.

The articles which need some explanation, are the 1st, 3rd and 4th. With reference to the 3rd and 4th, I mention them in my former communication and indicate their intent; and with respect to the 1st, I copy herewith what has been reported to me by the commissioner, D. Jose Maria Halcon, which is as follows:

I must make clear an important point relating to the text of the Capitulations, in the wording of which your Excellency has noted perhaps some ambiguities and omissions in Article I, which while intended to make the Datus and Sultan of Sulu acknowledge and declare the extent of our rights, seems indefinite on certain points which many irresponsible writers have a.s.serted with confidence.

While considering the protection granted the Sultan, I recognized the inexpediency of making the same include the lands which he has lately acquired in Borneo, and of determining definitely the line of the boundary in Palawan, the t.i.tle to which island, as also that to Balabak and Balambangan, is very disputable, though at present, the lands where we have not established our settlements of the province of Kalamians are included de facto in his possessions.

Palawan was ceded to the Crown of Spain by the King of Bruney, and Balabak is likewise ceded by an instrument brought back by D. Antonio Fabean when he went there as Emba.s.sador under the administration of the Marquis of Obando, which should be in the archives of the Philippine Government; but since these cessions were made on an occasion when the Sultan of Sulu found himself in possession of the lands by virtue of a former cession made in his favor by another King of Bruney, such doc.u.mentary testimony cannot serve as the basis of our arguments, especially since we did not proceed to found any settlements.

This matter of the cession of Balabak occurred upon the occasion of a visit to Manila, of Sultan Mohammed Alimud Din (Fernando I) who, a.s.serting his right to the island, executed and ratified upon his part the gift, at least in word, through D. Manuel Fernandez Toribio, afterward Governor of Zamboanga, and the Secretary of the Government.

Our writers have misrepresented the subsequent conduct of the said Sultan, and concealed very important facts, but at any rate, the very concealment of the reasons for his fleeing from Manila betokens the lack of liberty in all of the instruments he granted during his stay in that place; moreover the facts in the case justify his later actions, which gave occasion for casting a doubt over the legitimacy of our t.i.tle to the lands under consideration.

The true reason for the actions of Mohammed Alimud Din, beginning with his flight from Manila, was the fact that he had purchased the secret in a copy of the confidential letter which the First Minister of the Monarchy, Marquis de la Ensenada, wrote to the Captain-General of the Philippines on August 28, 1751, discussing the states of Sulu; which doc.u.ment, when brought to his knowledge, could not fail to ruin all of our political moves, and to dispose him to take every defensive measure against our power, for Mohammed Alimud Din was a man of no mean understanding.

This was the origin of the letters which, on September 17, 1763, the said Sultan wrote from Sulu to the King of England and to the English company, [278] ratifying in favor of the latter the concession of the lands which form the strait of Balabak, in which is comprised the southern part of Palawan from Point Kanipaan to Point Bulilaruan, and this was the origin of their settlements in Balabak and Balambangan which have been abandoned since later events.

Such are the antecedents which induced me to draw up the said article with such ambiguity that it may be construed to the advantage of the Crown without giving occasion to embarra.s.sing objections.

My aim throughout, most ill.u.s.trious Sir, has been to promote the national welfare by carrying out the high designs of your Excellency, who by promoting this enterprise has attempted to open up one of the most abundant sources of wealth in the Philippines.

I also deliver to your Excellency a copy of the Capitulations, in which, in consequence of Article 2nd, it has been agreed to determine the duties to be paid by the Sulu vessels in Zamboanga and Manila, and ours in Sulu. For the better understanding of these stipulations, I have thought it expedient to inclose a copy of the explanation with which the said commissioner forwarded them to me.

The present tariff rates have served as a basis for the duties imposed upon the Sulu vessels, it being beyond my authority to alter them. With reference to those which shall be paid by our vessels in Jolo, although they may appear to be excessive, it will be sufficient to inform your Excellency that all of the ship-owners who are accustomed to make voyages to Jolo, have been satisfied with the very favorable terms we have secured in the agreement, not only because of the high valuation set on the articles in which payment will be made, but because of the regulation and reduction to fixed rules of the charges, that until now have been arbitrary and never less than the stipulated rates. It is true that they have desired not only a greater reduction but still more their complete abolition, as is natural, but it was necessary to conciliate the two parties, as the commissioner says.

Above all, one of the advantages of importance which our merchants recognize in the relations now established, the benefits of which they have begun already to experience, is that the Sultan and Datus together guarantee the credits left in Sulu as a result of commercial operations, which advantage they have not heretofore enjoyed, but waited on the will and good faith of the debtor, who paid if he pleased and when he pleased, or perhaps never, and there existed no means of compelling him as there now is by recourse to the Government.

Likewise through the preference they are now accorded, our merchants have gained greatly, as your Excellency will comprehend. In short, there is not one of them who is not well satisfied with the results of the negotiations, and all appreciate the skill and prudence with which Halcon has conducted himself upon a mission all the more delicate and difficult since he has had to treat with a Government whose lack of enlightenment and poorness of organization equal the barbarism of its people.

Finally, in the answer given by the Chamber of Commerce of which I inclose a copy, your Excellency will perceive the appreciation which the Capitulations have brought him, by having settled the duties to be paid by our vessels in Sulu, as also by having established relations with the Government of that island.

I trust that your Excellency will condescend to bring all this to the notice of her Majesty that she may grant her Royal approval.

G.o.d preserve your Excellency many years.

Manila, December 25, 1836.

Most excellent Sir,

(Sgd.) Pedro Antonio Salazar.--Rubricated.

The most excellent the Secretary of State and of the Office of "Gobernacion" of the Kingdom.

APPENDIX XIII

ROYAL DIRECTIONS RELATIVE TO A GENERAL POLICY AND THE REGULATION OF COMMERCE WITH SULU, AND THE ADVISABILITY OF MAKING ZAMBOANGA A FREE PORT, JUNE 23, 1837 [279]

Ministry of the Navy, Commerce, and Colonial Administration

Most Excellent Sir: Your Excellency"s predecessor, Don Pedro Antonio Salazar, when he reported in detail, in letters of last December, all that he had done in the treaty of friendship and commerce entered into with the Sultan of Sulu, of the mercantile relations which it behooves us to maintain with the Mohammedan possessions to the south of the Philippines, of the opinion which he had formed concerning the war of enslavement, and other matters upon which your Excellency will receive due instructions under Royal order of this date, forwarded separately and privately, in a very secret manner, a communication dated the 17th of the same month, in which he set forth the policy, which, according to his belief, should be adopted toward the said Kingdom of Sulu in consequence of the said treaty. Her Majesty the Queen Regent, having been informed of all this, and having in mind the remark made in the said communication, that the Spanish possessions in the southern region are frequently oppressed by the alcaldes, on account of the present defective system of administration, has decided to direct your Excellency to suppress, with strong hand, these excesses of the alcaldes, that they may not disturb the peace happily established with Sulu; exhorting them to moderation and peaceableness, in order that the odium which the Moro race feels toward us may vanish. Noting also among his remarks, his conclusion that while the war of enslavement is undoubtedly an evil, it produces nevertheless the advantage that those provinces are united more closely to the Government because of their greater need of the same against their enemies; and that by becoming used to a life of freedom and license, those people become also inured to captivity, from which they could sometimes escape but do not, many preferring to turn to piracy, Her Majesty holds these views erroneous and harmful, since no just and paternal government should promote misfortunes among its subjects in order to make itself more necessary, and thus keep them dependent; and because, though there may be some who are content with slavery in Sulu because it affords them a life of unrestraint, it can not be ignored that their families and the Government suffer a great injury from their situation, nor that morality would be greatly outraged, if, for these reasons, countenance were given to slavery, which should be attacked and exterminated at all costs. The idea is advanced in the same communication, that in the countries of the southern part of the Philippines, the system of protection, carried to the point of establishing trading houses, will be almost equivalent to possession and control, when once commercial interests are held to be the chief interests, and there is set forth a plan to diminish or even cut off the trade [280] with Mindanao, in order to confine the commerce to our channels. Her Majesty, on being informed of this policy of a protectorate, approves of the same, but desires that it be carried out frankly and faithfully with the Sultan of Sulu, in order that he be convinced, through experience, that the Spaniards are his loyal friends, our authorities keeping it in mind that the conquest of those countries is not to the interest of the nation, but rather the acquisition of isolated military and mercantile stations, which may control indirectly without the disadvantages of great expense and of arousing the hatred of the natives. This alliance or friendship with the Sultan should be such, that in whatever war he may be engaged with his rebellious subjects, he shall be aided in good faith, unless his adversary should be of such strength as to insure his triumph, for then the useless defense of the vanquished would subject us to the contempt of the conqueror and we should lose the benefits already acquired. In such cases we should remain neutral, under some plausible pretext of impracticableness or other honorable reason. In other wars, waged by the Sultan with other princes, we should attempt to mediate, with the purpose that, by settling new discords, we may obtain advantages from the two or more belligerents, as rewards for the services rendered them; but in the event of having to oppose some one of them, it should be that one who offers us the least advantages, and has the best chances of triumph, because with our ally victorious, the latter may in the treaty of peace execute articles favorable to our commerce,--trying always, above all things, so to act that the victor shall not become too strong nor the vanquished brought too low. With regard to the policy which it is best to adopt as a general rule in regard to commerce, your Excellency should remember that the best system consists in the greatest possible liberty for our merchandise, and in securing, directly or indirectly, for our own merchandise, or foreign goods carried by the national vessels, the enjoyment of greater privileges than those of any other country, in order that they may be preferred and produce greater profits on the markets.

In the same letter he submits the opinion that the lack of communication of the countries to the south with the Philippines, is a most favorable political measure for Spanish commerce, and recommends that our relations with the Government of Sulu should be strengthened in order to include the same under our dependence at some future time, it being necessary to act with cunning in order to separate it completely from the piratical warfare. Her Majesty commands me to state to you concerning these matters, that the communication of Sulu with the Philippines being purely commercial, should not be restricted, but on the contrary, should be increased in every way possible, encouragement should be given to the establishment of traders and Spanish trading houses in Sulu, where our good conduct and benevolence toward the natives may bring us profit. But it is always to be borne in mind that the Government of Her Majesty does not desire the subjection of other states to itself, but a sincere friendship and a close and useful alliance, and that a just and discreet policy, not crafty nor artful, will accomplish most in withdrawing the Sultan from the interests of the leaders of the pirates.

Your Excellency will note in the draft of the communication from your predecessor, to which I make answer, the proposal of various schemes for establishing ourselves securely in Sulu. Such would be the establishment of a trading house there, already agreed upon in the treaty, and posting there a garrison, under the pretext that it is for the safety and greater state of the person of the Sultan. Her Majesty deems indispensable the establishment of the trading house, but it should be done in such a manner as not to cause distrust, and fortified and protected from any sudden attack, using in this the greatest prudence, and remembering that a garrison there, though it might be acceptable to the Sultan, might wound the self-love of the people of the country, and so render odious both the Sultan and his protectors. The most essential thing for the Spaniards, in order to become firmly established, is to make themselves popular, to respect the customs of the people, even with veneration, not offending any one for any reason, treating all with courtesy and decorum; not showing themselves domineering nor covetous, not insulting any one, but being very respectful to women, the old and children, not scoffing at anything in their public amus.e.m.e.nts, nor religious affairs, nor in their meetings. It seems to her Majesty that through these means would be secured a consistent friendship between both countries, and that the most adequate plan for the support and defense of the trading house would be to maintain in the safest harbor a permanent maritime force, in which should be stored all arms and munitions, and sufficient soldiers, in case it should be necessary to defend the building, without arousing the suspicions that would be caused by placing these preparations, concealed or openly, in the house itself; and since for this purpose, for the defense of the country against the pirates, and for maintaining the respect of the people and Government of the protectorate, it is indispensable to keep a well organized sea force, her Majesty had determined that you decide the manner of organizing this maritime force, without losing sight of the great economy which it is necessary to observe on account of the embarra.s.sed condition of the Peninsula, which needs now more than ever before the a.s.sistance of her colonial provinces.

Finally, the predecessor of your Excellency further stated that he was attempting to extend his efforts to the establishing of the protectorate over the countries subject to the Sultan of Mindanao: her Majesty approves this policy on condition that in its execution the purposes and measures, which are mentioned above for Sulu, be adopted.

Her Majesty, by whose Royal order I communicate to your Excellency the foregoing, trusts in your zeal to realize the importance of this matter, and, regarding the principles of justice and right which direct the resolutions of her Majesty, to direct all your efforts to the accomplishment of the results desired; carefully reporting your progress in the affair, for the information of her Majesty and further action. G.o.d preserve your Excellency many years.

Madrid, June 23, 1837.

Mendizabal.--Rubricated.