There is no doubt that the need for preserving cordial relations with Germany and England and for maintaining the most perfect understanding between the European powers in anticipation of some concerted action in regard to the Empires of China and of Japan, which will render necessary in the future the expansive policy of the latter towards the south, as well as the hegemony claimed by the latter in the Orient, counsel a circumspect international policy and a moderate exercise of our sovereign rights in the archipelago of Sulu; and for this reason, perhaps it would be inexpedient to forbid the right of fishery to foreign subjects, as such action would certainly give rise to diplomatic questions and remonstrances, which should be avoided at any cost; but this General Government deems it indispensable to condition and regulate the exercise of this fishery right, especially in so far as it relates to the pearl-producing oyster, the exploitation of which should be governed by considerations of our prestige and of the advantage and benefit of our material interests. Supported therefore by our right of sovereignty, by international practice, and by the terms of Declarations I and III of the Protocol of 1877 and of Articles I and IV of that of 1885, there should be issued certain coast police and fishery regulations for the Sulu archipelago, laying down clearly the relations which are to exist between the Spanish Government and foreign subjects engaging in the fishery industries along our coasts and in our jurisdictional waters; which industries should not be engaged in, especially in the case of the oyster, without the necessary authorization of the Spanish authorities, and after the payment of the corresponding industrial patent or license, or of the dues which it may be deemed expedient to exact.

Much more might be said in regard to this important question, as unexpectedly presented as it is urgent of resolution, given the conditions created by the claim of the British subject Mr. H. W. Dalton; and this General Government appreciates fully the deficiency of its suggestions, which will be advantageously supplemented by the great wisdom of his Majesty's Government, its exalted patriotism, and the solicitous care that it gives to everything touching the high interests of the nation, by which elevated sentiments they are inspired.

APPENDIX XXIII

ROYAL DIRECTIONS RELATIVE TO THE TREATMENT OF FOREIGNERS ENGAGED IN PEARL FISHING IN THE SULU WATERS, MARCH 23, 1896 [302]

Colonial Office

Excellent Sir: Examined by this office of the government the papers transmitted by your Excellency with the official communication No. 1967, of September 16th last, in the question raised by the politico-military governor of Sulu, by reason of a communication addressed to the same by the office of the commander-general of the naval station at Manila, directing the prohibition of the mother-of-pearl fishery in the waters of Sulu and the Carolines; studied also the report of the General Government, and that of the council of administration of the Philippines, and heard also the illustrious opinion of the Department of State, to secure which the papers were sent there, accompanied by the Royal order of the 7th of January last; bearing in mind that our prestige among the natives in those islands would perforce suffer seriously if foreigners were to perform, without any intervention on the part of our authorities, acts, which, like that of engaging in the mother-of-pearl shell fishery, they cannot carry on without paying tribute to the Moro Sultans and chieftains; though it is not less true that the absolute prohibition of the right of fishery to foreigners would arouse, as wisely foreseen by your Excellency, diplomatic remonstrances based upon the Protocol of Sulu of March 7th, 1886; his Majesty the King (whom God protect), the Queen Regent of the Kingdom acting in his name, has seen fit to direct that your Excellency be informed that he has seen with pleasure the tact and prudence with which this question has been dealt with, in the first place by your Excellency, and afterwards by all the authorities who have intervened in the same; that so long as the representative of the English Pearling and Trading Company, the captains of their boats, or other foreigners, do not urge with importunity the right to carry on the industry of the mother-of-pearl shell fishery within the zone of jurisdictional waters and at occupied places, an endeavor must be made to prevent their doing so, in order, if possible, to set a precedent favorable to our interests; and that in the event of their insisting, it will be necessary to permit them to engage in the industry of the mother-of-pearl fishery, with the obligation to submit in so doing to the rules and regulations now in force or which may be put into force hereafter. It is also the wish of his Majesty that your Excellency be apprised of the expediency of formulating, with the greatest possible despatch, coast police and fishery regulations for the archipelagoes of Sulu and the Carolines; in which regulations care must be taken not to make special mention of the Protocols, nor to recognize expressly the rights of foreigners, and, on the other hand, not to depart from the terms of the provisions of these international agreements, so that in the event of any foreigners claiming the right in question, they shall not be able to elude compliance with the regulations by basing their pretensions on the terms of the said Protocols; for all of which your Excellency will place yourself in harmony with the competent authorities whose duty it is to take cognizance of this matter, submitting afterwards for the approbation of this office drafts of the coast police and fishery regulations above referred to.

By Royal order I communicate the above to you for proper action.

God protect your Excellency many years.

Madrid, March 23rd, 1896.

Tomas Castellano: rubricated.

To the Honorable the Governor-General of the Philippine Islands.

APPENDIX XXIV

LA TORRE'S VIEWS ON THE POLICY THAT SHOULD BE ADOPTED IN MINDANAO AND SULU, JANUARY 11, 1893 [303]

Office of the Governor-General of the Philippines

A seal with the inscription: "Office of the Captain-General of the Philippines. Headquarters."

Excellent Sir: At all times the condition of the unsubdued regions of the island of Mindanao and, in general, of the whole archipelago, has occupied the close attention of the Governors-General of these Islands, and they have studied, according to their respective views, the best methods for the complete subjection of the same.

For my part, I have meditated deeply upon every thing relating to this important matter, and judging both from past experience and from observations that I have been able to make personally, as I apprised your Excellency after my return from a visit to the aforementioned island on May 29th last, I believe it is evident that the adoption of the same system for the subjection of different races will not be productive of good results. In the island of Luzon, a properly understood policy of conciliation, accompanied by slight displays of force, will be successful in conciliating and subduing the people sooner or later; for it may be observed at once that here there does not exist that great racial antagonism which nearly always makes compromise impossible. Such a policy, linked with prudence and particularly with justice on the part of the delegates of authority, will always be productive of great results, aside from the fact that there are here many villages whose inhabitants are not warlike, but, on the contrary, are docile, and await only some slight indication on our part to regard us as protectors and allies against their enemies.

Much has already been done in this direction, as is shown by the many politico-military provinces existing in this island; but we should not stop in this island of progress; and in order to carry forward and consummate the complete subjugation of the extensive districts not yet subdued, troops must be detailed,--not in very large numbers, but still in numbers sufficiently large to affect appreciably the service, equally necessary in other regions of the archipelago. This is one of the reasons which make requisite an increase in the army force stationed here; further, if the number of the comandancias [304]

is to be increased, it is obvious that, in order to garrison them, more troops are needed.

I have pointed out the need there is for employing different methods for the subjection of the different races; and in fact, in regard to the races inhabiting Mindanao, I believe that it is obvious and unquestionable that favorable results will never be secured without employing methods other than those of attraction.

The Moro race is completely antithetic to the Spanish, whether the latter be peninsular or indigenous, and will ever be our eternal enemy.

The past proves clearly that those ostensible and ephemeral submissions, apparently guaranteed by oaths and agreements, do not bind the Moros in the slightest degree; for, knowing nothing of the first principles of good-faith and loyalty, they do not hesitate to break their promises whenever a favorable opportunity offers and they think it possible to defeat our troops. They make a pretense of being trusting and attentive even to our smallest suggestions, but they are always watching for a good chance to open up hostilities, and will resort to treason and cunning.

For these reasons it is well that they should know that we are the stronger; that our friendship suits their interests because we are backed by force--which is the only argument they can understand; that their friendship is of no moment to us; and that the instant they antagonize us, they will be promptly and severely punished.

Having taken up this point of view, the policy that we should adopt may be inferred.

It is not necessary to undertake operations on a large scale, or to open what might be termed a regular campaign, as has been done every two or three years in the past; but, with our troops established at a number of fortified places, it may be seen at once from what has been said above, that we ought to maintain them there at any cost, and that, abandoning an attitude entirely passive, we should advance little by little in our conquest, always establishing ourselves firmly on the territory conquered. In this way we shall, step by step, bring under our dominion a large area of territory, at the same time extending our sphere of influence towards the interior. Given the conditions above described, it will be understood at once how much we should lose in importance in the eyes of such an enemy if, in response to their frequent attacks, we confined ourselves entirely to a defensive policy, for they would interpret such an attitude as an indication of weakness; consequently it is impossible for us to maintain an attitude of inactivity: rather, taking advantage of the treacherous conduct of the enemy, we should castigate them by means of rapid and unexpected excursions lasting a few days, and for this purpose it is indispensable that small columns of troops be stationed at two or three well chosen points.

That the Moros are not disposed to be our friends is evident: and while frequent examples in the history of these islands, in addition to what has been said above, are sufficient to prove this assertion, it is further corroborated by the many despatches I have addressed to your Excellency, apprising you of the attacks made by the Moros upon our troops and especially of the incidents which have taken place during the last months of the year 1892. These I will recapitulate succinctly, as they show that, far from breaking the rebels, the events have only increased their strength.

On the morning of October 28th, while a reconnaissance was being made at the post of Baras, the detachment making the same was attacked by some fifty or sixty Moros, who were awaiting them in ambush. The latter were, however, repulsed, and our troops being reenforced by a detachment from the fort, the enemy fled, leaving five dead on the field, besides two spears, three krises, three kampilan, and two daggers, the losses on our side being one dead and five wounded.

On the morning of November 9th, again at the time of making a reconnaissance, at the post of Malabang, our men were attacked by some sixty Moros, who, being repulsed, fled, leaving six dead on the field--three others dying later, according to reports received--besides four kampilan, three krises, one tabas, one lance, and four daggers; the losses of our side being one soldier killed and six wounded.

These two posts being afterwards visited by the military commander of Illana Bay and the politico-military governor of Mindanao, by reason of reports having been received that some thousand Moros had banded together for the purpose of attacking these two places, they informed me that excellent discipline prevailed among the troops of the said garrisons, and that the Moros must have beaten a retreat, since they had not been seen in that country.

On my part I have directed that the greatest possible vigilance, care, and watchfulness be exercised at all the posts, never losing sight of the fact that they are always in the presence of the enemy, as is proved by the frequency with which they have been attacked. I have ordered, further, that, when making reconnaissances or upon any other occasion when it is necessary to separate a detachment from the main body, the greatest number of soldiers that the circumstances permit be employed, so as to prevent a surprise or ambuscade, which aside from the direct loss that it entails, might have the effect of demoralizing the troops, and so of increasing the boldness and temerity of the enemy; I have given special instructions, too, that the officers display in the field the greatest possible energy, so as to keep up the spirits and confidence of the men.

In the northern portion of Mindanao, between Iligan and Mumungan the Moros have also been active in making attacks, and although beaten in every case, thanks to the good discipline prevailing among the men and the judgment shown by the officers, who inspire the former with confidence and afford them a good example at all times, they still hope to have better luck in their future raids, as is proved by the despatches received from the politico-military commander of Mumungan. These despatches show that our soldiers no longer fear the Moro race, nor even the Juramentados; and that our men always await the attack of the enemy with great calmness and bravery, as is shown by the accounts of the frequent ambuscades laid and surprises attempted by the Moros. Already at the beginning of 1892 the attitude of the sultans and datus in the neighborhood of Mumungan was so questionable that Captain Abad, then commander of the fort there, having attempted to go up the river Agus, accompanied by only one officer and four men--thus in the guise of absolute peace--Datu Ala, of Balud, who is now our friend, stopped him when he approached his territory, telling him that although he wished to live at peace with us, he could not allow him to advance further, nor any part of our troops to do so. In spite of this, two months after this incident, General Castilla, following closely my instructions, and taking advantage of the circumstance foreseen by me--that upon his arrival at Mumungan he was visited by the neighboring datus and sultans, including the Sultan of Pantar, he announced to the latter, acting under instructions from me, his intention of returning the friendly visit. Leaving Mumungan early, in spite of a continuous heavy rain storm, he reached Pantar at about eleven in the morning without making any stop, accompanied by Ala and another datu, and while he was holding an affectionate interview with the Sultan of Pantar and the troops were resting, the captain of engineers, Navarro, made a clandestine inspection of the ground and took a rough sketch of the best site for the future fort, close to a bridge that can be built across the river Agus, with a turret or rough defensive fortification on the opposite bank; this done, General Castilla returned that same afternoon to Mumungan, which he reached before night, without having fired a shot, in spite of the predictions of the datus that he might easily meet with resistance on the road.

Later, all the datus living in the region lying between Pantar and Iligan reiterated to me, personally, in May last, at Mumungan, and later to the military commander, their protestations of adhesion to Spain. Afterwards there came the visit that a goodly number of datus, among them the Datu of Pantar, made me in Manila, where they remained and were entertained during fifteen days; and with the consistent approval of these, the road from Iligan to Mumungan was built, in consequence of which work the weekly attendance of Moros at the market of Iligan increased, and the Datu of Bukamar and another from Marawi presented themselves in that place. Thither also the Datu Amay-Pakpak, now an old man, promised to send his son. The concurrence of Moros at that place was further increased by the assistance that was given to a wounded Moro; until, at last, a solemn oath of allegiance was secured, being taken, in the presence of the aforementioned military commander, by a great number of datus and sultans, in accordance with their ritual.

On November 8th, the military commander of Mumungan, under the pretext of a wedding to which the Datu of Pantar had invited him and which he attended, made an inspection of the country in the neighborhood of the said rancheria [305] of Pantar, lying to the south of Mumungan, and had an opportunity of seeing that, in conformity with the reports I had received, Pantar possessed advantageous conditions for the establishment there of another advance fort, the construction of which could be commenced upon the continuation and completion up to that point of the new road built from Iligan to Mumungan. But in spite of the good intentions of the military commander not to break into hostilities except in the last resort, in accordance with the positive instructions I had given him, he was unable to prevent his troops being attacked upon the return journey, and therefore they opened fire upon the enemy; which proves once again the difficulty of following the path of conciliation and attraction with an enemy who pays absolutely no heed to reason; in spite of the fact that with this method there had been joined that of warning the neighboring Moros who profess to be so friendly, that the only genuine proof of adhesion to which I should give credit would be that of the moral and collective support of all of them against any act of aggression within their territory committed by Moros from other rancherias, whether in large or in small numbers.

On November 25th I was informed by the same military commander that, while the convoy was transferring supplies from Mumungan to Iligan, there appeared a juramentado, who attempted to wound a soldier; but the latter, waiting for him with great calmness, defended himself valiantly, and the Moro was despatched with the assistance of some other soldiers who came upon the scene.

On the 10th of December I was informed that a detachment of the troops stationed at Mumungan, while on its way to the market of Iligan was attacked by a body of fourteen juramentados who, however, were repulsed with a loss of two killed, while, on our side, one man was lost.

At Baras, also, while making the reconnaissance on December 10th there appeared a band of Moros in an attitude of hostility; but they were compelled to retire at the first volley from our troops. Nevertheless, two juramentados separated themselves from the main body and attacked an equal number of our men; the latter awaited them firmly and killed them with bayonet thrusts. Another Moro was also slain while attempting a precipitate flight. Recently, on the 15th of December, the military commander of Mumungan, hearing of the intentions of the enemy, which were far from peaceable, determined, in order to guard against all contingencies, to continue the extension of the road and to complete and close the palisade around the new inclosure at the fort, made so as to accommodate the increased number of troops. For the first of these two purposes, he left the fort at half past five in the morning, well-armed and ready to punish the Moros if they presented themselves, setting out with one hundred and fifty men of the 73rd regiment and sixteen convicts, besides a corporal and eight persons of the 73rd in charge of a company of engineers, another company of the 73rd and sixty convicts, who marched without arms and equipped for work.

At ten o'clock in the morning the advance guard reached the entrance to the wood, and as the intention was to collect lumber that had already been cut and dragged to the road, the troops advanced. At this moment there appeared in the middle of the road some eight hundred Moros brandishing their arms and uttering war-cries, who immediately retired to some defensive works which they had constructed out of the very logs above referred to. In view of this, our troops continued their march, opening fire at about one hundred yards from the defensive works of the enemy, and in a little while, captured the same, routing the defenders, as well as some more of the enemy who appeared on the two flanks of the column, causing some eighty deaths; on our side we had one killed and two wounded convicts. After this incident, the said military commander made his way to Iligan without suffering any attack, in spite of the fact that the Moros had constructed other defensive works on the road, which latter were destroyed without any casualties.

The conduct of the troops on this march was brilliant, and I wish to recommend to the consideration of your Excellency those who especially distinguished themselves; but I have again directed the military commander of Mumungan to avoid as far as possible all necessity for fresh combats, extending, but without any compromise of dignity, the policy of conciliation which I have so strongly recommended to him.

From all the above your Excellency will understand with how much foresight I requested from the Government of his Majesty, on the 24th of April last, permission to place on a war footing as many of the seven regiments which make up the infantry in these Islands as had not yet been placed on this footing, setting forth the estimated cost of the same in the plans which I sent for approval, and if the increase was necessary then, it is evident that at the present time it is much more necessary; for, as your Excellency will see from what I have communicated to you in this extensive document, the condition of the Moros, justifying the predictions made by me at that time, has become steadily more hostile as they never rest nor miss any opportunity of causing us the greatest possible harm, endeavoring to obstruct all the work we plan to carry out for the improvement of the means of communication between our present possessions; and while it is true that they are not successful in their attempts, still we must put a stop to their increasing audacity.

I take the liberty again to call the attention of your Excellency to the absolute necessity of placing on a war footing the three regiments now on a footing of peace, in accordance with the permission already granted by the Department--without waiting until next July. In this way, without undertaking a regular campaign, as I have already stated, and without expense to the Government, it will be possible to improve the present condition of things, which is gradually becoming somewhat discreditable to the honor of the flag. I do not doubt that your Excellency will so understand it, and I thank you in advance, in the name of this suffering army, for the immediate concession of the credit necessary for the reenforcement above mentioned. God protect your Excellency many years.

Manila, January 11th, 1893.

Most Excellent Sir:--Eulogio Despojol.--Followed by a rubric. The most Excellent the Minister of War.--A copy.--The Acting Colonel in Command of Headquarters.--Pedro de Bascaran.--A seal with the inscription: "Office of the Captain-General of the Philippines.--Headquarters."

A copy.--Luis de la Torre: rubricated.