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 anything in 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, or Rum Bichara of the datus, where the owner of the greatest number of slaves always decides the questions. [288] Wealth, 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 in champanes from 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 subordinate Government 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 the corregidors [289] of 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.

Andres G. Camba.

The most excellent, the Secretary, Office of Colonial Administration.

APPENDIX XVI

COMMUNICATION 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, 1849 [290]

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

Jolo, May 28th, 1849.

Sr. Don Cayetano 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 do when 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 article and 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, confirming those 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 out reconnaissances and 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 the honor 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 the Governor 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 Sir James 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, I enclose herewith 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 me to 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 of oppression or of monopoly.--I have the honor to be, with the greatest consideration, Sir, Your obedient servant.

Brooke, Commissioner and Consul-General.

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

Her Majesty, the Queen of the United Kingdom of 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 vessels of 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 you that 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 Sir James Brooke, Consul-General for her Britannic Majesty in Borneo and Governor of Labuan.