Royal Order

Colonial office.--No. 281.--Excellent Sir: The Secretary of State sent the following communication to this office on the 26th of March last: By Royal order communicated by the Secretary of State and for such action as is indicated therein I deliver herewith to your Excellency a copy of the protocol signed on the 11th inst. by Senor Manuel Silvela, Secretary of State, and by the representatives of Great Britain and Germany, for the purpose of establishing the liberty of trade and commerce in the Sulu seas; said protocol takes effect on this date, as specified in Article 5 of the same.--Referred to your Excellency by Royal order with a copy of the protocol, for its execution.--G.o.d keep your Excellency many years.

Madrid, April 2, 1877.

Martin de Herrera. The Governor-General of the Philippine Islands.

Manila, May 30, 1877. The above order shall be executed, communicated and published. Moriones.

[Protocol referred to.]

The Hon. Austin Henry Layard, Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty; and Count Von Hatzfeldt, Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany, commissioned by their respective Governments to terminate the difficulties which have occurred in the Sulu seas and to establish for that purpose, in a final way, the liberty of commerce in those seas, acknowledged by the Secretary of State of Spain in the Notes which he sent on April 15, 1876, to the representatives of Great Britain and Germany;

After having examined with due attention the preliminaries of the question and especially the negotiations formerly carried on between the Governments of Great Britain and Germany and that of Spain, have agreed to draw up the following Protocol:

The Secretary of State of Spain, in the name of his Government, says:

Considering the preliminary fact that the German ships "Marie Louise"

and "Gazelle" were returned and an indemnity paid for their cargoes in 1873 and 1874, and that the German ship "Minna" was returned twice in 1875 and 1874;

Duly appreciating the increasing requirements of navigation and commerce, and above all the legal status const.i.tuted by the Notes of the Spanish Secretary of State dated the 15th of April last and by the official publication of said Notes by the Governments of Great Britain and Germany, as also by the instructions given accordingly by said Governments to their consuls, agents and commanders of their naval forces;

Therefore the Government of his Majesty the King of Spain recognizes that the merchant ships going to the Sulu archipelago can no longer be required to call first at Zamboanga, to pay the harbor dues there and to provide themselves with a navigation permit delivered at said port. It furthermore believes that it must acknowledge, as provided in the Notes of the 15th of April last, the complete liberty of direct trade and commerce for ships and subjects of Great Britain, the German Empire and the other powers, with the Sulu archipelago.

Considering that the Governments of Great Britain and of Germany have maintained all their claims in regard to the liberty of navigation, commerce and direct trade with the Sulu archipelago and within the archipelago; that the Government of his Majesty the King of Spain admits that it cannot guarantee the security of commerce at unoccupied places of the archipelago in return for duties and dues paid, but will guarantee perfect security to the ships and subjects of Great Britain, Germany and the other powers at places occupied by said Government, and provide the establishments necessary for the protection of their trade, the Spanish Secretary of State remarks that there is no reason why said ships and subjects should be exempted, at places occupied by Spain, from the formalities, general regulations, and ordinary duties, whose nature will be explained in the present Protocol.

The undersigned representatives of Great Britain and of Germany refer, on their part, to the Notes and official communications sent by them on this matter to the Spanish Government, and requesting the latter to acknowledge the absolute liberty of commerce and trade in all parts of the Sulu archipelago, said acknowledgment having been mentioned by the Spanish Government in the Notes of April 15, 1876.

In consequence of what precedes and as the result of their conferences, the undersigned have agreed on the following declarations:

I

Commerce and direct trading by ships and subjects of Great Britain, Germany and the other powers are declared to be and shall be absolutely free with the Sulu archipelago and in all parts thereof, as well as the right of fishery, without prejudice to the rights recognized to Spain by the present Protocol, in conformity with the following declarations:

II

The Spanish authorities shall no longer require ships and subjects of Great Britain, Germany and the other powers, going freely to the archipelago of Sulu, or from one point to another within the Sulu waters, or from such a point to any other point in the world, to touch, before or after, at any specified place in the archipelago or elsewhere, to pay any duties whatsoever, or to get a permit from said authorities, which, on their side, shall refrain from obstructing or interfering in any way with the above mentioned trade.

It is understood that the Spanish authorities shall in no way and under no pretense prevent the free importation and exportation of all sorts of goods, without exception, save at such places as are occupied, and in accordance with Declaration III, and that in all places not occupied effectively by Spain, neither the ships and subjects above mentioned nor their goods shall be liable to any tax, duty or payment whatsoever, or any sanitary or other regulation.

III

In the places occupied by Spain in the archipelago of Sulu the Spanish Government shall be empowered to establish taxes and sanitary and other regulations, while said places are effectively occupied; but Spain pledges herself, on her part, to provide in such places the offices and employees necessary to meet the requirements of commerce and the application of said regulations. It is however expressly understood that the Spanish Government, while it is resolved to impose no restrictive regulations in the places occupied by it, pledges itself voluntarily not to establish in said places taxes or duties exceeding those provided in the Spanish tariffs or in the treaties or conventions between Spain and any other power. Neither shall it put into force in said places exceptional regulations applicable to the commerce and subjects of Great Britain, Germany and the other powers. In case Spain should occupy effectively other places in the archipelago of Sulu, and provide thereat the offices and employees necessary to meet the requirements of commerce, the Governments of Great Britain and Germany shall not object to the application of the rules already stipulated for places occupied at present. But, in order to avoid the possibility of new claims due to the uncertainty of business men in regard to the places which are occupied and subject to regulations and tariffs, the Spanish Government shall, whenever a place is occupied in the Sulu archipelago, communicate the fact to the Governments of Great Britain and Germany, and inform commerce at large by means of a notification which shall be published in the official journals of Madrid and Manila. In regard to the tariffs and regulations stipulated for places which are occupied at the present time, they shall only be applicable to the places which may be subsequently occupied by Spain six months after the date of publication in the Official Gazette of Madrid. It remains agreed that no ship or subject of Great Britain, Germany and other powers shall be required to call at one of the occupied places, when going to or from a place not occupied by Spain, and that they shall not be liable to suffer prejudice on that account or on account of any cla.s.s of merchandise shipped to an unoccupied place in the archipelago.

IV

The three Governments represented by the undersigned pledge themselves respectively to publish the present declarations and to have them strictly respected by their representatives, consular agents and commanders of the naval forces in the seas of the Orient.

V

If the Governments of Great Britain and Germany do not refuse their adhesion to the present Protocol within 15 days from this date, or if they notify their acceptance before the expiration of said period, through their undersigned representatives, the present Declarations shall then come into force.

Manuel Silva, Secretary of State of His Majesty the King of Spain.

Done at Madrid, the 11th of March, 1877.

A true copy.--Madrid, April 2, 1877.--A true copy.--The Subsecretary, Francisco Rubio.

APPENDIX XX

THE PROTOCOL OF SULU OF 1885, BETWEEN SPAIN, GERMANY, AND GREAT BRITAIN, MARCH 7, 1885 [297]

General Government of the Philippines

Royal Order

Foreign Office.--No. 312.--Excellent Sir: The Secretary of State sends me the following communication on March 29th, 1885:--Excellent Sir: I have the honor to forward you a translated copy of the protocol between Spain, Germany and Great Britain, the latter two nations recognizing the sovereignty of the first over the archipelago of Sulu, signed in Madrid on the 7th of March, 1885.--I send you this communication by Royal order, and enclose a copy of the treaty referred to. G.o.d keep your Excellency many years.--Madrid, April 8, 1885.--Tejada.

Manila, June 17, 1885.--To be executed and published in the Official Gazette.

Terrero.

A seal which says: Office of the Minister of State.--Translation.--The undersigned, his Excellency Senor Jose Elduayen, Marquis of Pazo de la Merced, Minister of State of his Majesty the King of Spain; His Excellency Senor Count Solms Sonnerwalds, Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany, and His Excellency Sir Robert B. D. Morier, Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty, authorized in due form to carry on the negotiations followed in London and Berlin during the years 1881 and 1882 by the representatives of his Majesty the King of Spain with the Governments of Great Britain and Germany, for the purpose of obtaining from these two powers the solemn recognition of the sovereignty of Spain over the archipelago of Sulu, have agreed on the following articles:

I

The Governments of Germany and Great Britain recognize the sovereignty of Spain over the parts which are effectively occupied as well as over those which are not yet occupied, of the archipelago of Sulu, whose limits are established in Article II.

II

As expressed in Article I of the treaty signed on September 23, 1836, between the Spanish Government and the Sultan of Sulu, the archipelago of Sulu includes all the islands between the western extremity of the island of Mindanao on one side and the mainland of Borneo and the island of Palawan on the other, except those mentioned in Article III. It is understood that the islands of Balabak and Kagayan Sulu belong to the archipelago.

III

The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the mainland of Borneo which belong or may have belonged to the Sultan of Sulu, including the neighboring islands of Balambangan, Banguey, Malawati, and all those comprised within a zone of three maritime leagues from the coast, and which are part of the territories administered by the company known as "The British North Borneo Company."

IV