Appendix XV

Appendix XVCamba’s report to the Colonial Office discussing the difficulties of commerce with Sulu and the advisability of making Zamboanga a free port, February 23, 183860Superior Government of the Philippines.Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.Manila,February 23, 1838.Andrés G. Camba.The most excellent, theSecretary, Office of Colonial Administration.Appendix XVICommunication from the Governor of Zamboanga to the Supreme Government of the Philippines relative to the treaty of Sir James Brooke with the Sultan of Sulu, together with other communications relating to the treaty, 184965Office of the Secretary of the Governor and Captain-General of the Philippines.Jolo,May 28th, 1849.Sr. DonCayetano Figueroa,Zamboanga.Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.Zamboanga,June 8, 1849.Cayetano Figueroa.His high Excellency theGovernor and Captain-General of these Philippine Islands.Office of the Secretary of the Governor and Captain-General of the Philippines.Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.C. de Figueroa.To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His ExcellencyC. de Figueroa,Governor of Zamboanga.Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.C. de Figueroa.To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.Zamboanga,June 6th, 1849.Cayetano Figueroa.The most Excellent, TheGovernor and Captain-General of the Philippines.Copies.—José María Peñaranda: (his flourish).Appendix XVIICommunication from the Supreme Government of the Philippines to the Secretary of State, relative to the treaty of Sir James Brooke with the Sultan of Sulu; August 16, 184966Office of the Captain-General and Governor of the Philippines.To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.God keep your Excellency many years.Manila,August 16, 1849.TheCount of Manila.His Excellency, theSecretary of State and“Gobernación.”

Appendix XVCamba’s report to the Colonial Office discussing the difficulties of commerce with Sulu and the advisability of making Zamboanga a free port, February 23, 183860Superior Government of the Philippines.Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.Manila,February 23, 1838.Andrés G. Camba.The most excellent, theSecretary, Office of Colonial Administration.Appendix XVICommunication from the Governor of Zamboanga to the Supreme Government of the Philippines relative to the treaty of Sir James Brooke with the Sultan of Sulu, together with other communications relating to the treaty, 184965Office of the Secretary of the Governor and Captain-General of the Philippines.Jolo,May 28th, 1849.Sr. DonCayetano Figueroa,Zamboanga.Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.Zamboanga,June 8, 1849.Cayetano Figueroa.His high Excellency theGovernor and Captain-General of these Philippine Islands.Office of the Secretary of the Governor and Captain-General of the Philippines.Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.C. de Figueroa.To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His ExcellencyC. de Figueroa,Governor of Zamboanga.Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.C. de Figueroa.To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.Zamboanga,June 6th, 1849.Cayetano Figueroa.The most Excellent, TheGovernor and Captain-General of the Philippines.Copies.—José María Peñaranda: (his flourish).Appendix XVIICommunication from the Supreme Government of the Philippines to the Secretary of State, relative to the treaty of Sir James Brooke with the Sultan of Sulu; August 16, 184966Office of the Captain-General and Governor of the Philippines.To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.God keep your Excellency many years.Manila,August 16, 1849.TheCount of Manila.His Excellency, theSecretary of State and“Gobernación.”

Appendix XVCamba’s report to the Colonial Office discussing the difficulties of commerce with Sulu and the advisability of making Zamboanga a free port, February 23, 183860Superior Government of the Philippines.Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.Manila,February 23, 1838.Andrés G. Camba.The most excellent, theSecretary, Office of Colonial Administration.Appendix XVICommunication from the Governor of Zamboanga to the Supreme Government of the Philippines relative to the treaty of Sir James Brooke with the Sultan of Sulu, together with other communications relating to the treaty, 184965Office of the Secretary of the Governor and Captain-General of the Philippines.Jolo,May 28th, 1849.Sr. DonCayetano Figueroa,Zamboanga.Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.Zamboanga,June 8, 1849.Cayetano Figueroa.His high Excellency theGovernor and Captain-General of these Philippine Islands.Office of the Secretary of the Governor and Captain-General of the Philippines.Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.C. de Figueroa.To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His ExcellencyC. de Figueroa,Governor of Zamboanga.Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.C. de Figueroa.To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.Zamboanga,June 6th, 1849.Cayetano Figueroa.The most Excellent, TheGovernor and Captain-General of the Philippines.Copies.—José María Peñaranda: (his flourish).Appendix XVIICommunication from the Supreme Government of the Philippines to the Secretary of State, relative to the treaty of Sir James Brooke with the Sultan of Sulu; August 16, 184966Office of the Captain-General and Governor of the Philippines.To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.God keep your Excellency many years.Manila,August 16, 1849.TheCount of Manila.His Excellency, theSecretary of State and“Gobernación.”

Appendix XVCamba’s report to the Colonial Office discussing the difficulties of commerce with Sulu and the advisability of making Zamboanga a free port, February 23, 183860Superior Government of the Philippines.Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.Manila,February 23, 1838.Andrés G. Camba.The most excellent, theSecretary, Office of Colonial Administration.

Appendix XVCamba’s report to the Colonial Office discussing the difficulties of commerce with Sulu and the advisability of making Zamboanga a free port, February 23, 183860

Superior Government of the Philippines.Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.Manila,February 23, 1838.Andrés G. Camba.The most excellent, theSecretary, Office of Colonial Administration.

Superior Government of the Philippines.

Excellent Sir: I acknowledge to your Excellency the receipt of two Royal orders dated the 23d of June of last year, which, with reference to the treaties made with the Sultan of Sulu, have been transmitted by your ministry; one replying to the seven communications marked “A” which my predecessor made in connection with the same subject; the other confidential, and indicating the policy and measures that should be carried out with the said Sultan of Sulu and the Sultan of Mindanao.

In communication numbered 5, and dated November 16th last, in compliance with one of the provisions of Royal order of last April, I made a minute report accompanied by documentary evidence, of the antecedents which I encountered relative to Sulu affairs, and at the same time, could not but intimate in this connection how little I expected as a result of our treaties, because experience had already caused me to be suspicious, and also because the various Royal orders toward the close of the past century confirmed me in this idea;61and indeed the losses which all our commercial expeditions experienced during the first year of these treaties, the vexations they suffered and the risks to which the crews as well as the vessels and their cargoes were exposed during their stay in Jolo, have fully borne out this view.

Many are the measures and documents which we have here, in which this same fact is laid down; many are the Royal decrees in which, in recognition of this fact, the Governors of the Philippines have even been authorized, by every means in their power and without counting cost or difficulty, to punish severely the intrepidity of those infidel barbarians.

In order to arouse and interest the Royal conscience on that point, it was requisite that there should be repeatedly presented through various channels and at distinct times substantiated accounts, non-conflicting and extremely painful, of the various piracies, cruelties, and vexations, withwhich those barbarians have kept the Philippine Islands in the south in a state of fear and depression; and needful also was it that there should have been employed, in vain, on account of the religion and the policy of our ancestors, those gentle measures of peace and union which no civilized people could resist; but which are ineffectual with barbarous nations who know no other right than that of force.

From the 14th of April, 1646, when we abandoned possession of Sulu, which our arms had so gloriously conquered, making a treaty of peace whereby the Sulus bound themselves to pay us annually, as tribute, three boatloads of unhulled rice, until the day the Government again entered into a treaty with them, neither have the Filipinos succeeded in freeing themselves from their harassments, nor has the Government reaped any fruit other than continual menace. The English have had the same experience with the perfidy and bad faith of those islanders. After having formed, in the island of Balambangan by a concession made by the Sulus, a settlement destined to be the emporium for the products of the East in connection with their China trade, for which this island offers two good ports, they were two years afterwards surprised by the Sulus themselves, who, knowing the English had despatched their vessels, took advantage of their absence by taking possession of the island and the fort constructed therein, also a great deal of booty, which cost the English East India Company a loss of more than three hundred thousand dollars. In narrating this event, Mr. J. H. Moor, who published last year a brief review of interesting events concerning the islands and lands bordering on the China Sea, agrees with the views I have expressed, namely, that these acts of treachery and cruelty on the part of the Sulus are the offspring of their innate love of robbery and their natural perfidy.

All these facts then will convince your Excellency that the expectations based by my acting predecessor upon the latest treaties referred to are too sanguine. They would produce no illusions on my part, in view of the experience of the past, neither does it seem to me that their results, looked at with calmness and in the light of the most exact data, could be of any great advantage to our commerce. Allowing that the treaties should be religiously complied with, never would they be of any value, in themselves, to improve the brutal condition of those islanders. This condition will always constitute, not only for the Spaniards but also for all civilized nations, a great drawback to mercantile relations, which, although founded on principles of utility and mutual advantage, cannot continue nor be developed except under the most favorable guaranties. How would our merchants, or the foreign merchants of Sulu obtain them, where there is neither good faith nor justice, and where cunning fraud makes even the Chinese dangerous traders? Commerce is the movement and circulation of wealth. The latter results from production,and production from the full and unrestricted utilization of property. Moreover, when property is insecure, when the laws do not protect it, when the agents of the Government are the first todisregardit, the mercantile spirit is the first to become alarmed and, when defrauded, to flee as far as possible from the place where it does not find that safe haven it requires to expand and to pursue with skill and perseverance the objects of its calling. Thus it is that during the period elapsed since the year cited, 1646, up to the present time, no Spanish merchant has himself had direct dealings with the inhabitants of Sulu, the Chinese alone being engaged in this trade, they being the only charterers of our vessels, so that we do not obtain from said commerce more than interest on the capital invested, subject to great exposure and risk, which has made and always will make, this commerce uncertain and of little value. While lack of security still sets a limit to the extent of our speculation in commerce with Sulu, lack of advantageous reciprocity adds another factor no less appreciable. At the time the Spaniards came to the Philippines, Sulu seems to have been rich in her own natural and industrial products, and richer still through the large commerce which their exchange enabled her to carry on with the Chinese vessels which in large numbers frequented her coasts. Situated almost midway between the Philippines and the Moluccas, close to two rich islands so fertile and densely populated as Mindanao and Borneo, it seemed destined by nature to be the emporium of the commerce of the south. Converted to Islamism by the Arab Sayed Ali,62who landed there from Mecca, how much ought this principle of civilization in the midst of barbarous nations have tended to their advancement! But times have changed greatly since then, and brought their always accompanying vicissitudes. As Spanish dominion was extended in the Philippines and the Portuguese penetrated into the Moluccas, they began attracting to their capitals the wealth and traffic that was accumulating in Sulu, and here begins a new era. War and desolation, which for a period of eighty years we inflicted on them, followed, and put in our power this island and its dependencies, and though independence was later restored, it could not divert this rich commerce from the trend it had taken. Meanwhile, their wars and internal dissensions resulted in corrupting their customs, and there only remained for them the habit of piracy, which ever since our appearance, they had embraced for the purpose of harassing us.

Since then Sulu has been converted into a refuge for pirates allured by its favorable position, and these barbarians, being more solicitous of carrying on their devastations than of cultivating their land, have not ceased to be the greatest scourge of our inhabitants of the south. This explains the impossibility of obtaining from them by entreaty anythingin the way of peace and tranquillity, which to them as well as to us would be so beneficial.

For this reason, Sulu, which contains a population of pirates and slaves, is nothing more than a shipping point where certain products are collected from the other islands of the south. It is surrounded by islands and islets, which form the archipelago bearing its name, and has a length from east to west of about ten leagues, a width of four and a half, and a circumference of thirty-two. The total population credited to the Archipelago is from 149,000 to 150,000 souls, 6,800 of which inhabit Jolo, and in this number are included 800 Chinese.

The houses, or rather huts, of the principal place, are estimated to number 3,500, and that of the petty king, called Sultan, cannot be distinguished from the rest except for its greater size; all of bamboo and nipa, weak and poor as their owners, but with cannons of various calibers which mark the residences of the datus, descendants of the petty kings, and who themselves constitute the oligarchy of their Government. I have already stated that the Sultan can do nothing, all matters being decreed by the convention, orRum Bicharaof the datus, where the owner of the greatest number of slaves always decides the questions.63Wealth, influence and power, are measured among them solely by the number of slaves, and this is why they cannot but be pirates, in order to acquire this wealth, nor can they offer any guaranty, if it must be accompanied by the renunciation of this pursuit.

By this picture, which is corroborated by the Englishman Moor in his description of Sulu, it will be seen that we can expect nothing from our present relations with Sulu in the way of securing the tranquillity and prosperity of our islands of the south. Neither is a system of continual hostility the best way of procuring these precious gifts, but the promotion and throwing open of avenues of commerce, directing it to one of our ports, which, in view of its position, ought to be Zamboanga; and in this I coincide with the views of my predecessor. Zamboanga, with a different organization, the concession of a free port for all the products from the south and those brought inchampanesfrom China, and the free admission of the exiles who seek refuge there as well as the Chinese traders, aiding the former in establishing themselves, and exempting the latter from all taxes for the first ten years, would be, in all probability, the most suitable point to which to divert from Sulu the little transit business which remains, to guard, from a shorter distance, against the piracy of its inhabitants, and to bring them in the course of time, perhaps, to a more humane mode of living.

But all this requires first the planning of a suitable and adequate system which, bringing nearer to the islands of the south the protection and vigilance of the Government of the capital by means of a subordinateGovernment embracing its chief characteristics, would relieve those precious islands from the calamities which up to the present time they have suffered by reason of their remoteness and possibly also because of our neglect.

This plan, which I desire to combine with a forward movement in the great and rich island of Mindanao, a large part of whose coast is surrounded by the districts of thecorregidors64of Karaga and Misamis, will bring about without doubt a new and happy era for the Filipinos of the south, and place, without the sacrifice of people or money, a large number of faithful subjects under the illustrious Government of her Majesty, furnishing the same also with a greater abundance of resources.

To this end I shall hold in view and faithfully observe the policy which her Majesty outlines in her confidential Royal order, to which I reply; its application will be the constant object of everything I decree and execute. And very happy shall I be thus to make suitable return for the many proofs of co-operation and esteem, which, for the past thirteen years I have received from the Filipinos; infinitely more so, because working at the same time for the better service of her Majesty in accordance with her Royal plans in which these people have always found their greatest and surest well-being.

Your Excellency being convinced, then, that these are the sentiments which impel me and the plans I contemplate for the fulfillment of the important duties her Majesty has deigned to confer upon me, can from this reply assure her that as far as I am concerned, nothing shall be left undone to carry out to the letter the policy she has been pleased to outline to me, and to merit thereby her august confidence, which I so earnestly desire. May God preserve your Excellency many years.

Manila,February 23, 1838.

Andrés G. Camba.

The most excellent, theSecretary, Office of Colonial Administration.

Appendix XVICommunication from the Governor of Zamboanga to the Supreme Government of the Philippines relative to the treaty of Sir James Brooke with the Sultan of Sulu, together with other communications relating to the treaty, 184965Office of the Secretary of the Governor and Captain-General of the Philippines.Jolo,May 28th, 1849.Sr. DonCayetano Figueroa,Zamboanga.Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.Zamboanga,June 8, 1849.Cayetano Figueroa.His high Excellency theGovernor and Captain-General of these Philippine Islands.Office of the Secretary of the Governor and Captain-General of the Philippines.Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.C. de Figueroa.To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His ExcellencyC. de Figueroa,Governor of Zamboanga.Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.C. de Figueroa.To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.Zamboanga,June 6th, 1849.Cayetano Figueroa.The most Excellent, TheGovernor and Captain-General of the Philippines.Copies.—José María Peñaranda: (his flourish).

Appendix XVICommunication from the Governor of Zamboanga to the Supreme Government of the Philippines relative to the treaty of Sir James Brooke with the Sultan of Sulu, together with other communications relating to the treaty, 184965

Office of the Secretary of the Governor and Captain-General of the Philippines.Jolo,May 28th, 1849.Sr. DonCayetano Figueroa,Zamboanga.Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.Zamboanga,June 8, 1849.Cayetano Figueroa.His high Excellency theGovernor and Captain-General of these Philippine Islands.Office of the Secretary of the Governor and Captain-General of the Philippines.Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.C. de Figueroa.To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His ExcellencyC. de Figueroa,Governor of Zamboanga.Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.C. de Figueroa.To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.Brooke,Commissioner and Consul-General.To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.Zamboanga,June 6th, 1849.Cayetano Figueroa.The most Excellent, TheGovernor and Captain-General of the Philippines.Copies.—José María Peñaranda: (his flourish).

Office of the Secretary of the Governor and Captain-General of the Philippines.

Jolo,May 28th, 1849.

Sr. DonCayetano Figueroa,Zamboanga.

Dear Sir:—I think proper to inform you that yesterday, at three o’clock in the afternoon, the English war steamer “Nemesis” cast anchor at this port, coming from Singapore. She brought on board Sir James Brooke, commissioned to make a treaty of peace and friendship between Great Britain and the Sultan. This treaty was presented to the Sultan to-day in the presence of the Datus and a majority of the people, and after being read in a loud voice it was immediately approved and ratified. I do not think it necessary to inform you as to the tenor of said treaty, as Mr. Brooke has told me that he would go from here to your city for the purpose of communicating to you everything regarding this matter so that you will be thoroughly acquainted with all the details. I understand that they have hastened this matter in view of the recent advices concerning the destruction of Bali by the Dutch troops and their declared intention of taking possession of the entire coast of North Borneo, Sulu, and all its dependencies. In letters received from my partner at Singapore he tells me that it is certain they are coming, and with a large force, but it may be not for a month or two. The people here, in view of this news, have carried everything they have to the interior, and are ready, whenever the Dutch arrive, to leave the town. We shall see where these things will stop. Possibly we shall have another case like that of the French before you leave Zamboanga. Whatever you may decide to dowhen you receive this communication, you know that my services are always at your disposal, and in the event of your determining to come, there is a house here at your disposition; and I promise you a friendly reception on the part of the residents. It is my opinion they are in such a fright that they do not know what to do and business, of course, is entirely neglected. My brother-in-law, who is the bearer of this, will inform you in regard to what is going on. He goes to your town to purchase rice for our house, to provide against a siege; for rice is dear and scarce here. I remain, your obedient servant, who kisses your hand.—Guillermo Windham.

Batavia, March 20, 1849.—It appears that the expedition against Jolo is a matter fully determined upon. It is said that two steamers, two frigates, and a corvette, operating at the present time against Bali, are in readiness to set sail the first part of July. I expect that the publishers of the Singapore paper will publish an article entitled, “Labuan, Sarawak, the northeast coast of Borneo and the Sultan of Sulu,” by Baron Hoeveel, published in Holland in the first number of the “Journal for Netherlands India,” during the month of January last, in which he informs his compatriots that if the Government of Java had followed the counsels of Resident Gronovius of Sambas in 1831 or those of Resident Bloem of Sambas in 1838, they would long ago have had treaties with the Sultan of Bruney which would have closed Sarawak and the northern coast to all flags except the Dutch, and that the questions with the English Government would not have arisen, but that now it is not worth while to discuss it with the court of St. James. England is in possession, and she will stay in possession if she considers it to her advantage. He tells them to be on their guard, because if they do not have a care the English will make another move; and he indicates the point which calls for immediate and indispensable protection, namely, the northeast coast of Borneo: that is to say, from Sampan Manjee Point to the Cape of Kamongan (the Straits of Makassar), which he says are tributary to the Sultan of Sulu. He gives information concerning the different stations for the principal departments: Malsedu (or Kinabalu), Manjedore and Tiroen, designating the bay of Sandakan for the first establishment, as soon as they have taken possession of this side. He enumerates the products of this part of the world: the pearls, the diamonds, the iron and gold mines, the birds’-nests, the trepang, etc.; so that he has strongly influenced the minds of the Dutch. And he concludes by stating that in the next article of his paper he will discuss the Sultan’s possession in relation to the government of the Dutch Indies, offering some suggestions as to how his countrymen may avail themselves of the advantages of this rich territory. It is a truly interesting articleand appears to me no less curious than reasonable. The editor of the Journal of the Eastern Archipelago will do a good service to his countrymen by making a translation of it, but it must be done very soon. I am too busy to write a paper of such length, otherwise it would have given me pleasure to send you one for your own use. I reiterate the necessity for despatch, for I really believe that the Dutch government will work for its own interests in accordance with the plans which the Baron has marked out. The English will not relish the idea of their oriental Government sleeping and permitting the Sultan to make, under coercion, a treaty such as must be made in order to forward the plans of Van Hoeveel. The vessels of the King of the Low Countries, the “Prince of Orange,” “Sambi,” and “Argo,” with five others, set sail on the 15th of this month, transporting 1,800 men in the direction of Bali. Afterwards they are to carry to Surabaya, on the 25th proximo, 5,000 men more, besides from 2,500 to 3,000 coolies, 12 cannon, 2 mortars, etc., etc. Receive, etc.

These are notices taken from a letter to hand, from a trustworthy person in Singapore.—Figueroa.

Military and Civil Government, Plaza de Zamboanga.—No. 101.—Department of Government.—Excellent Sir:—Notwithstanding the fact that the lieutenant governor of this province informs me that he transcribed and forwarded to your Excellency, while he was in charge of the civil government during my absence in Malusu, the letter which Mr. William Windham, a merchant of Jolo, sent me under date of May 28th, it seems to me well to send the original to your Excellency, which I now do, retaining a copy of it for the purpose of reference at any time. As your Excellency may note if he will compare its contents with the text of the treaty of the 29th of the same month of May, made with the Sultan of Sulu by the English Consul-General to Borneo, Sir James Brooke, there is, between the terms of the former and the spirit of Article 7 of the latter, a notable lack of agreement; wherefore it has not seemed to me well to place entire confidence in the offer of Windham, who may be suspected of partiality, and I have concluded, therefore, to move in such a delicate matter with all possible tact and foresight and in accordance with developments, which may become extremely complicated. Considering the great interest which the agents of the English Government show in these questions concerning Sulu and the part of Borneo subject to the Sultan, I immediately suspected that the announcement of the imminent arrival of a considerable Dutch force in the archipelago was only a strategem to obtain, through surprise and fear, the realization of the agreement or treaty referred to; but it having been possible for me to secure fresh data through a different channel, confirmingthose which Windham furnished me,—which latter I obtained through Mr. Brooke and the captain of the “Nemesis,” and herewith transmit to your Excellency,—I am of the opinion now that the expedition of the Dutch to Jolo is an enterprise fully determined upon, although it may very well be delayed or postponed by fortuitous circumstances difficult to foresee. In the event of the appearance of the Dutch expedition, I shall never believe that it is with the object of confining its field of action to punishing the place of residence of the Sultan in a more thorough manner than was done in the attempt made in April of last year; but that they intend to conquer and occupy the Island and its dependencies. If this should be so, I am equally of the opinion that the Government of your Excellency, notwithstanding its conspicuous firmness and well-known energy, will not succeed in getting them to recede from their purpose, as everything goes to show they have determined to carry it out in the face—most assuredly—of our known and declared rights and claims to the rule of that land. I venture, therefore, to believe that the only way to prevent the serious detriment which would result to this colony, under the wise and worthy government of your Excellency, from the occupation of Sulu, avoiding at the same time a conflict between the Spanish and Dutch Governments, respectively, would be, by means of persuasion and by taking advantage of the state of extreme alarm now existing in Sulu, to anticipate them by a recognition of the sovereignty of Spain, floating our national flag under guaranties which would make impossible (without manifest violence) this proposed unprecedented aggression. I am convinced that besides flying the national flag and having the sovereignty of Spain recognized in a formal manner, the principal guaranty must be—and I shall require it unconditionally—that they shall agree to let us garrison with Spanish troops the principal fort of Sulu, the residence of the Sultan. To this end I have decided to embark in the pilot boat “Pasig” and make my way to Jolo without delay, where, if I do not obtain the results which I have here set forth, it will certainly not be through lack of zeal and activity, but through encountering obstacles beyond my control or influence, and owing to difficulties incident to the temperament of those people and the ancient prejudices which, owing to a series of events stretching through centuries, they feel towards us, as is only too well known to your Excellency. To aid me in these operations and to meet possible contingencies—since there will be needed there, in case of success, an expert and trustworthy officer—and to carry outreconnaissancesand make plans which cannot fail to be always of the greatest usefulness to the government at Manila, I shall invite the chief of engineers of this place, Don Emilio Bernaldez, to accompany me, if the exigencies of the service do not demand his presence here and at Pasanhan. All of which I have thehonor to lay before your Excellency in the hope that it may merit your entire approval. May God preserve your Excellency many years.

Zamboanga,June 8, 1849.

Cayetano Figueroa.

His high Excellency theGovernor and Captain-General of these Philippine Islands.

Office of the Secretary of the Governor and Captain-General of the Philippines.

Zamboanga, June 5th, 1849.—Mr. Consul-General:—I have the honor to inform you that from notices received from Jolo, it has come to my knowledge that during your stay there with the steamer “Nemesis” you negotiated a commercial treaty with the Sultan Mohammed Pulalun; and as I am entirely ignorant of its essential clauses, and as my Government has for a long time past, and especially of late, been in possession or enjoyment through solemn treaties, the first made with the Malay chiefs, masters of the coasts of Sulu, of the right that our commercial flag be at least as privileged as any other; and in view of the indisputable rights which Spain has to the territory in question, rights not merely of prescription; I have the honor to request, in view of the close friendship which unites our respective Governments and which I honor myself in maintaining, that you have the kindness to give me, officially, knowledge of the said treaty and a copy thereof in order that I may forward it to the most excellent, the Governor-General of these Philippine Islands, without prejudice to my making before you, if the spirit of any of these articles so requires, the remonstrances that may be necessary to uphold the rights of Spain.—Receive, Mr. Consul-General, the assurance of my consideration, etc.

C. de Figueroa.

To SirJames Brooke,Consul-General of her Britannic Majesty in Borneo and Governor of Labuan.

H. M. S. “Nemesis,” June 3rd, 1849.—Sir:—I have the honor to reply to your communication of this date; and as the quickest way to furnish your Excellency with the information desired, Iencloseherewith a copy of the agreement recently made with the Government of Sulu. It would be unprofitable to discuss at this time the rights of Spain to which you make allusion, and the interests of Great Britain, which are involved, but as the best means of preserving the cordial relations which should always exist between the public servants of our respective governments, I propose to forward our present correspondence to the Secretary of Foreign Affairs of her Britannic Majesty. Nevertheless, permit meto say that my opinion is that the interests of Spain and of Great Britain in these seas should be considered entirely harmonious and equally opposed to any system ofoppressionor of monopoly.—I have the honor to be, with the greatest consideration, Sir, Your obedient servant.

Brooke,Commissioner and Consul-General.

To His ExcellencyC. de Figueroa,Governor of Zamboanga.

Her Majesty, the Queen of the UnitedKingdomof Great Britain and Ireland, desirous of encouraging commerce between her subjects and those of the independent princes in the Eastern seas, and of putting an end to the piracy which has up to this time hindered said commerce: and his Highness the Sultan Mohammed Pulalun who occupies the throne and governs the territories of Sulu, animated by like sentiments and desirous of co-operating in the measures which may be necessary for the achievement of the objects mentioned; have resolved to place on record their determination on these points by an agreement which contains the following articles: Article 1. From now on there shall be peace, friendship, and good understanding between her Majesty the Queen of Great Britain and Ireland and his Highness Mohammed Pulalun, Sultan of Sulu, and between their respective heirs and successors, and between their subjects. Article 2. The subjects of her Britannic Majesty shall have complete liberty to enter, reside, carry on business, and pass with their merchandise through all parts of the dominions of his Highness the Sultan of Sulu, and they shall enjoy in them all the privileges and advantages with respect to commerce or in connection with any other matter whatever which are at this time enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation; and the subjects of his Highness the Sultan of Sulu shall likewise be free to enter, reside, carry on business, and pass with their merchandise to all parts of the dominions of her Britannic Majesty, in Europe as well as in Asia, as freely as the subjects of the most favored nation, and they shall enjoy in said dominions all the privileges and advantages with respect to commerce and in connection with other matters which are now enjoyed by, or which in the future may be granted to, the subjects or citizens of the most favored nation. Article 3. British subjects shall be permitted to buy, lease, or acquire in any lawful way whatever all kinds of property within the dominions of His Highness the Sultan of Sulu; and his Highness extends, as far as lies within his power, to every British subject who establishes himself in his dominions, the enjoyment of entire and complete protection and security to person and to property—as well any property which in the future may be acquired, as that which has already been acquired prior to the date of this agreement. Article 4. His Highness the Sultan of Sulu offers to allow the war vesselsof her Britannic Majesty and those of the India Company to enter freely the ports, rivers, and inlets situated within his dominions and to permit said vessels to supply themselves, at reasonable prices, with the goods and provisions which they may need from time to time. Article 5. If any English vessel should be lost on the coasts of the dominions of his Highness the Sultan of Sulu the latter promises to lend every aid in his power for the recovery and delivery to the owners of everything than can be saved from said vessels; and his Highness also promises to give entire protection to the officers and crew and to every person who may be aboard the shipwrecked vessel, as well as to their property. Article 6. Therefore, her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Sultan of Sulu, bind themselves to adopt such measures as lie within their power to suppress piracy within the seas, islands, and rivers under their respective jurisdiction or influence, and his Highness the Sultan of Sulu binds himself not to harbor or protect any person or vessel engaged in enterprises of a piratical nature. Article 7. His Highness the Sultan of Sulu, for the purpose of avoiding in the future any occasion for disagreement, promises to make no cession of territory within his dominions to any other nation, nor to subjects or citizens thereof, nor to acknowledge vassalage or feudality to any other power without the consent of her Britannic Majesty. Article 8. This treaty must be ratified, and the ratifications will therefore be exchanged in Jolo within two years from date. Home Copy.—Brooke.—Approved, etc.—Signed and sealed May 29, 1849.

Zamboanga, June 5, 1849.—Mr. Consul-General:—I have received the letter which you have done me the honor to send under date of the day before yesterday in reply to mine, and I acknowledge receipt of copy of the treaty which you negotiated with his Highness the Sultan of Sulu on the 29th May last. I have no remarks to make, Mr. Consul-General, with respect to the first six articles of the treaty, for the clauses they contain are not of such an urgent character that my Government cannot postpone their discussion if it so deems advisable; but I might perhaps create in the future serious embarrassment to our respective Governments should I allow Article 7 to pass unnoticed. It establishes two principles of the most vital importance: (1st) His Highness the Sultan binds himself to recognize the sovereignty of no power without previously notifying her Britannic Majesty; and (2nd) to make, likewise, no cession of the least portion of the territory of his dominions to any State, person or corporation. With relation to the first point, and waiving for the moment the question whether, because the Sultan is in possession, with slight exceptions, of the coast of Sulu, this island must be regarded as his exclusive domain, it is my duty, Mr. Consul-General, to inform youthat for a long time past the said Sultan of Sulu has admitted and acknowledged himself to be under the protection of her Catholic Majesty, recognizing the sovereignty of Spain in a public way and in official documents which his Excellency the Governor-General of these Philippine Islands will be able to produce at the proper time and place. As regards the second point: I find no objection to the pledge of his Highness having all the force of free right with respect to those parts of his dominions lying outside of the island of Sulu, namely, the north and northeast part of Borneo, now under the rule of the Sultan; but under no circumstances with respect to the said island of Sulu and its neighboring islands; for not only can Spain not recognize in any power the right to intervene in the matter of ceding or not ceding the island of Sulu and its surrounding islands, as it is claimed can be done according to the terms of Article 7 of the Treaty; but Spain does not recognize this right even in the Sultan and Datus of Sulu, because, as I have had the honor to inform you, Mr. Consul-General, these territories belong to Spain, by a right not prescribed, by a right in no way established by the conquest of this archipelago, but positively through the willing submission of the real natives, the Gimbahans, who do now, and who at the end of the 17th century did, constitute the most numerous portion of its population, whose oppressors were then and are now the Sultan and Datus, Malay Mussulmans. At this very time the chief of the Gimbahans, this unfortunate and enslaved race, cherishes with respect and veneration his loving remembrance of Spain and holds in his possession the proofs of what I assert. This fact established, Mr. Consul-General, I am forcibly constrained to protest, which I accordingly do, against every claim in its favor by your nation on the terms of the said Article 7 of the treaty referred to of May 29th of the present year, since it prejudices the incontestable and recognized rights of the crown of Spain to the sovereignty of the territory of the island of Sulu and its surrounding islands, and to its sovereignty over the present possessors of the coasts of this archipelago, begging that you will kindly acknowledge receipt of this letter in order to cover my responsibility to my Government. Receive, again, Mr. Consul-General, the assurances, etc.

C. de Figueroa.

To SirJames Brooke,Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.

H. M. S. “Nemesis,” June 5, 1849.—Sir: I have the honor to acknowledge receipt of your communication; and as the matter in question will probably have to be discussed between our respective Governments, I think it better not to take up the objections raised by you in connectionwith Article 7 of the treaty recently negotiated with his Highness the Sultan of Sulu. I have the honor to be, with great consideration, Sir, Your obedient servant.

Brooke,Commissioner and Consul-General.

To His Excellency,Col.C. de Figueroa,Governor of Zamboanga.

Military and Civil Government, Town of Zamboanga, No. 100, Government Department.—Most Excellent Sir:—On reëmbarking at Malusu, March 31st last, returning from the operations which I had conducted against the same on that same day, following instructions received from your office in a communication of the 17th of the said month of May, the result of which I reported to the most Excellent the Captain-General in an official letter of the 2nd instant, No. 209, the war vessel of the English East India Company, the “Nemesis” was sighted and soon afterwards cast anchor in our vicinity. Aboard the vessel was Sir James Brooke, Consul-General for his country in Borneo and Governor of Labuan; and as a result of a long conference I had with the latter gentleman in regard to recent events in Sulu—which conference it was agreed to continue in this place immediately upon my arrival here—I gave him, successively, the two communications of which I attach copies; with them I send to your Excellency letters dated the 3rd and 5th instant replying to mine in terms that your Excellency will see embodied in the two original letters of corresponding dates, which I likewise enclose herewith, retaining copies of them, as also an authorized copy of the treaty or agreement of the 29th of last May, also enclosed; feeling confident that the indulgence of your Excellency will approve my action in this delicate matter. May God preserve your Excellency many years.

Zamboanga,June 6th, 1849.

Cayetano Figueroa.

The most Excellent, TheGovernor and Captain-General of the Philippines.

Copies.—José María Peñaranda: (his flourish).

Appendix XVIICommunication from the Supreme Government of the Philippines to the Secretary of State, relative to the treaty of Sir James Brooke with the Sultan of Sulu; August 16, 184966Office of the Captain-General and Governor of the Philippines.To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.God keep your Excellency many years.Manila,August 16, 1849.TheCount of Manila.His Excellency, theSecretary of State and“Gobernación.”

Appendix XVIICommunication from the Supreme Government of the Philippines to the Secretary of State, relative to the treaty of Sir James Brooke with the Sultan of Sulu; August 16, 184966

Office of the Captain-General and Governor of the Philippines.To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.God keep your Excellency many years.Manila,August 16, 1849.TheCount of Manila.His Excellency, theSecretary of State and“Gobernación.”

Office of the Captain-General and Governor of the Philippines.

To his Excellency, The Secretary of State and of the Office ofGobernaciónof the Kingdom, I have the honor to state the following, on this date, and under No. 499.

By thecommunicationswhich I had the honor to send your Excellency from Zamboanga on the 23rd of June and 4th of July last, and that of the General second in command, No. 482, your Excellency must have been informed of the treaty which has been made in Jolo by the Englishman Sir James Brooke, of the answer of the Governor of Zamboanga to the latter and his negotiation with the Sultan and Datus to have the treaty left without effect, without obtaining the least satisfaction.

It will therefore be necessary that the question be settled between the two Cabinets, and I believe that Holland will take our part, as she has an illfeeling against England on account of the latter’s usurpations in Borneo, contrary to the spirit of the treaty of March 17, 1824, between the two countries, and must fear to see her rich possessions surrounded by those of so powerful a rival. The communications of her Majesty’s Consul in Singapore and his confidential correspondence with the Governor-General of Java, which he has forwarded to the Secretary of State, show that the Dutch Government wishes to maintain the most friendly relations with Spain. Although the English press in Singapore and Hong-Kong are still speaking of a Dutch expedition against Jolo, nothing has been done hitherto, and the favorable season for such an expedition has passed.

As the correspondence between Brooke and the Governor of Zamboanga will probably play an important part in the future correspondence with the British Government, I believe it is my duty to submit a few remarks in regard to the action taken by the said Governor. Notwithstanding that the objections, which he submitted to Brooke in regard toArticle 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. The second defect that I find in the same letter to Brooke, is his basing our right to the sovereignty over Sulu on the “free submission of the true natives of the Gimbahan race, who live in the interior of the island and are oppressed by the Sultan and the Datus.” Although there is some truth in that statement, and we might take advantage of this element in case of a war with the Sultan, I believe that it ought not to have been made under the present circumstances, as, on the same principle, we would invalidate the rights founded by us on the different treaties made by Spain with the Sultan and Datus of Sulu. The acknowledgment made by the latter of the sovereignty of Spain during over two centuries and more especially in the treaties of 1646, 1737 and 1836, by the first of which they pledge themselves to pay, as vassals, a tribute of three boatloads of rice, as recorded in the Archives, is a powerful argument in favor of our rights, which the Sultan has often confirmed in his communications to this Government and in the passports which he gives his subjects, on printed forms supplied by my predecessor;—I enclose herewith a copy of one of said passports.

The British, who doubtless do not feel very certain about their rights, try to excuse their conduct through the press, as they did when they occupied Labuan by force. The Singapore Free Press of the 6th of July published an article in which it alleges, for the purpose of proving that Sulu has always been considered as a sovereign independent power, that we said nothing to England when she accepted the cession of the island of Balambangan, between Borneo and Palawan. Even supposing the fact to be true, there would be nothing astonishing about it, considering the distress and the lack of means of the Government at that time, after the war which, but a few years before, it had miraculously carried on against the English who held Manila and many other places in the islands, and the work it had to do in order to put down interior rebellions, to reorganize the administration and to reëstablish normal conditions in the provinces which had been left uncontrolled during four years and had suffered the consequences of circumstances so unfortunate. Furthermore, the cession of Balambangan cannot be considered as an act of free will on the part of the Sulus, since they took advantage of the first opportunity to drive the British off the island, when they had hardly started to firmly establish their trading posts. The newspaper also mentions the doctrine of Walter, which says that an agreement similar to that existing between the Spanish and Sulu Governments does not entirely derogate the sovereignty of the protected state, which canmake treaties and contract alliances, except when it has expressly renounced its right to do so; and that if the first state fails to protect the other, the treaty is invalidated; the author of the article adds that this is our case, since we allowed the Dutch to attack Sulu without interfering, or, as far as known, requiring a reparation or the assurance that such an attack would not be renewed.

With regard to the first point, the reference to Walter is correct, but Walter adds in the same paragraph that “the protected nation is bound forever by the treaty of protection, so that it can undertake no engagements which would be contrary to said treaty, that is to say, that would violate any of the express conditions of the protectorate,or be inconsistent with any treaty of the said class:” how then could Article 7 of the treaty made by Brooke be valid, when by said article the Sultan pledges himself to recognize the sovereignty of no power without the previous consent of her Britannic Majesty, and not to cede the smallest part of the territory of his dominions to any state, person or corporation, said Sultan having already recognized the sovereignty of Spain and the rights of the latter over the greater part of his territory, in which the island of Palawan, which was ceded to us in the last century by the kings of Bruney is included by mistake.

In regard to the second point, the author of the article is also in the wrong: for this Government was neither aware of the intentions of the Dutch, nor was its assistance requested by the Sultan; and your Excellency knows in what terms I wrote to the Governor-General of Java about that matter.—If I have given so many details, despite their not being new to your Excellency it is because the article of the Singapore Free Press may have been inspired by the British Government, and deserves therefore not to be left unnoticed.

In the event of which I am writing, your Excellency will see the fulfilment of my predictions, and it may perhaps be only the prelude of events of still greater importance.

Thus I cannot but earnestly recommend to your Excellency’s notice the necessity that the Governor of the Philippines have very detailed instructions or very ample powers to proceed as regards the Southern regions in accordance with what he believes best suited to her Majesty’s interests and to the security of these rich possessions. In this connection I take the liberty of recommending to your Excellency such action as our Sovereign the Queen may deem most wise on my communication (consulta) number 359 and others relative to the same subject.

Perhaps, as I mentioned in my communication of the 4th of July last, the only advantageous issue for us would be to send a strong expedition and to occupy Jolo, our action being warranted by the piratical acts committed by several small boats of Bwal, Sulu; the Dutch mayavail themselves of the same excuse and send an expedition before us, if, as is possible, otherpancos67[Moro boats] have gone south for the same purpose; but anyhow the behavior of the Sultan and Datus of Sulu would give us excellent reasons for taking action against them at any time.

God keep your Excellency many years.

Manila,August 16, 1849.

TheCount of Manila.

His Excellency, theSecretary of State and“Gobernación.”

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