Appendixes to Part II (continued 2)

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.

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 connection with 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, The Governor and Captain-General of the Philippines.

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

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

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

By the communications which 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 to Article 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 can make 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.

God keep your Excellency many years.

Manila, August 16, 1849.

The Count of Manila.

His Excellency, the Secretary of State and “Gobernación.”

General Government of the Philippines, Treasury Department, Manila, February 24th, 1877.

In view of the communications of the politico-military governor of Sulu of October 6th of last year, in which he suggests to this general government the concession of various exemptions in favor of the natives of these islands and of any Chinamen who shall establish themselves in the said place, to the end that by this means there may be promoted the immigration which the interests of that island demand:

Deeming it expedient, for the realization of the high purposes that required the military occupation of Jolo and for the progressive and efficacious development of the moral and material interests of this young colony, that there should be granted certain exemptions for the encouragement of the immigration thereto of the greatest possible number of inhabitants: this office of the general government in conformity with the suggestions made by the treasury department, and in accordance with the statements made by the department of civil administration, disposes the following:

1. All immigrants to the island of Sulu, of whatever class, race, or nationality, who shall establish themselves definitively in the same, engaging in agricultural, industrial, or commercial pursuits, or in any art, trade, or occupation, shall be exempt during ten years from all the contributions or taxes imposed, or which in the future may be imposed, upon the inhabitants of the Philippine Archipelago.

2. The children of immigrants to Sulu, born in said island or who establish themselves there before becoming taxpayers in the pueblos of their birth, shall commence to pay taxes at the age of twenty-five years, but shall be exempt from military service so long as they reside in the said island.

This decree shall be published in the Official Gazette and communicated to the council of administration, the office of the captain-general, and the insular department of civil administration; and shall be returned to the treasury department for such further action as may be proper.

Malcampo.

General Government of the Philippines, Treasury Department, Manila, August 10, 1887.

In view of the investigation conducted by the intendant-general of the treasury with the object of determining whether it would be expedient to prolong the term of exemption from all kinds of taxes and imposts in favor of natives and of immigrants of whatever race or nationality who are established, or who shall establish themselves, in Sulu for the purpose of engaging in any kind of industry, commerce, profession, art, or trade, or in agriculture:

In view of the reports issued by the said directive bureau of the treasury and the politico-military governor of Sulu:

And considering that exemption from all burdens constitutes one of the most efficacious means of encouraging the immigration demanded by the interest of the archipelago in question; this general government, in conformity with the suggestions made by the office of the intendant of the treasury and the politico-military governor of Sulu, disposes that the term of exemption granted by superior decree of this general government of February 24th, 1877, shall be understood as extended for another term of ten years, the said extension to be reckoned from the day following that on which the first term expires, that is, from the 25th day of February of the current year.

This decree shall be published in the Official Gazette; the Government of his Majesty shall be informed thereof and a copy of the records transmitted; it shall be communicated to the council of administration, the tribunal of accounts, the office of the Captain-General, and the insular department of civil administration; and shall be returned to the office of the intendant of the treasury for any further action that may be proper.

Terrero.

Office of the Governor-General of the Philippines.

Most excellent and most illustrious Sir: The politico-military governor of Sulu, in a communication dated the 9th instant, states as follows:

Most excellent Sir: As the time expiration of the exemptions granted to Sulu and its port by decree of the general government under the able direction of your Excellency, dated February 24th, 1877, and extended by superior order issued from the same office for another term of ten years, on August 23rd, 1887, is drawing near, the person who has the honor to sign hereunder believes that the moment has come to call the attention of your Excellency to the matter, and he takes the liberty to set down some remarks in the premises, to the end that when your Excellency determines what is deemed most expedient, they may be taken under advisement.

In the exemptions granted to Sulu, it must be borne in mind that they affect two distinct elements, which constitute the life and favor the development of this locality. Some have reference to the exemption from all taxes, tributes, and gabels imposed, or to be imposed, in favor of natives or foreigners taking up their abode in the Sulu archipelago. Others refer exclusively to the declaration of a free port, with exemption from all taxes and customs formalities in favor of the capital of the island.

It remains, only, most excellent Sir, to discuss the expediency, or otherwise, of establishing taxation upon commerce, industry, and property. All the urban property of Jolo is in the hands of the Chinese, with so few exceptions that there are not more than three property holders who do not belong to that race. In their hands is all the commerce, with the sole exception of two Spanish houses: every thing relating to business is in their power; so that any burden imposed in this direction would not be borne by them, but would be paid by the garrison of Jolo. For, united as the Chinamen are in every thing that relates to the avoidance of tax-paying, they would come to a perfect understanding to surtax every thing,—not in the same proportion as the contributions they would pay, but with a considerable increase, with the result that the only tax-payer to the treasury and for the Chinaman would be the unfortunate inhabitant of Jolo. And since the population here consists almost entirely of the garrison, which renders such arduous services at this place, I believe that it would not be just to add to the other disadvantages that the service here offers, the very serious one that would result from the imposition of taxes in this capital. Furthermore, one must not lose sight of what might happen or rather what would immediately happen, when, by taxing the commerce of the city, the majority of the Chinamen now established here would go to Maymbung, with a tendency to store their merchandise at other important points in the island, in which places our rule is, it may be said, nominal, and it is unnecessary to insist upon the undesirable consequences that would follow; for we should return to the condition in which Maymbung stood in April of the year 1887, when this town was a very important center of resistence to our rule, due to the facility afforded in that place for the purchase of unlimited arms and ammunition, a business carried on by the foreign steamers who anchored there at that time. And all this without taking into account the undesirability, from a political point of view, of affording the Moros the opportunity of purchasing their supplies at prices lower than those in this city; since, if the merchants in that town did not pay taxes they would be able to sell at lower prices than those in the capital. Summing up what I have stated above and recapitulating the questions herein treated, I will conclude by submitting to the distinguished intelligence of your Excellency that I consider necessary and of the highest political expediency the maintenance of the freedom of the port granted to Jolo; that this franchise should be extended to Siasi, which enjoys this privilege in fact though not by right; and that care should be taken to prevent the slightest obstacle from interfering with the trade at both points, to the end that foreign steamers may, in their own interest, touch only at these two points of the archipelago of Sulu; that the Chinamen should be formed into guilds or associations, after the pattern of the organizations prevailing in other parts of the Philippines, these being necessary, further, to the making up of the lists of tax-payers; that, as a consequence of the formation of these associations, they should be compelled to pay taxes to the same extent as all other Chinamen residing in the country, unless your Excellency is of the opinion that the quota should be increased in consideration of the other advantages they enjoy; that there should be imposed a tax upon smokers of opium and upon the importation thereof. This tax would be a source of revenue of some consideration if it were farmed, as was the intention four years ago, when sale to the highest bidder was desisted from in view of the decree of franchises which is the subject of this communication. Finally, that property, commerce, and industries should not be taxed, nor should the civilian population be burdened with the poll-tax, since the latter deserve consideration by reason of the arduous services they render in this place; and this applies to the garrison, as well as to the civilians who make up the town, who, in the end, would be the persons who alone would have to bear these burdens. Such, most excellent Sir, is the opinion, expressed as succinctly as possible, of the undersigned in regard to these matters, which, at no distant date, will present themselves for resolution and which your Excellency will determine with your well-known ability and good judgment.

Which I have the pleasure to transmit to your most Illustrious Excellency, to the end that you may take note of the part relating to the economic side of this question.

God preserve your most illustrious Excellency for many years.

Manila, July 31st, 1896.

Blanco.

To the most excellent and most illustrious the Intendant-General of the Treasury.

Office of the Intendant-General of the Treasury Division of Direct Imposts

Most excellent and most illustrious Sir: The just considerations set forth by the politico-military governor of Sulu in a communication addressed to his high Excellency the Governor-General of these islands on July 9th of last year, forwarded to your most illustrious Lordship on the 31st of the same month and year, reveal a close study of the questions treated, based upon practice and experience.

The chief of the division of direct imposts, who signs hereunder, in presenting the report ordered by your most illustrious Lordship in your decree of the first day of the following August, must begin by expressing at once his conformity with the views given by the governor of Sulu, in the part relating to this division.

Undoubtedly considerations of the highest political moment led the high authorities of the Archipelago, on August 23rd of 1887, to extend for another term of ten years the franchises granted to Sulu, and since these considerations have not ceased to be of moment, to judge from the enlightened views expressed by the said politico-military governor, it is to be presumed that it is expedient to grant a fresh concession of franchises; but not, at this time, for a period of time equal to that about to expire, though for a period that might well be half that of the previous term; for, regarding the matter prudently, it might happen that during this lapse of time the conditions in the places under discussion should alter in such a way as to counsel either the total suppression of the liberties in question or their partial modification.

But if there are considerations in favor of this new concession, equity counsels that there be excluded therefrom the Chinese in so far as relates to the imposition of the poll-tax, since they control all the business and are the only persons who really exploit that region.

Consequently, the chief of the division of direct imposts has the honor to report to your most illustrious Lordship:

1. That it be recommended to his high Excellency the Governor-General of these Islands, that, to take the place of the present franchises, there be granted again, at the proper time, to the ports of Jolo and Siasi, the exemption from the payment of all urban and industrial taxes in favor of the natives and of the Chinese established at those points.

2. That there be created at once the imposition of the poll-tax upon the Chinese.

3. That the natives and the civilian population be exempt from the payment of poll-tax.

Your most illustrious Lordship will, however, determine whatever he deems most expedient.

Manila, August 6th, 1897.

Marcelino Pacheco.

Office of the Intendant-General of the Treasury Division of Indirect Imposts

Most excellent and most illustrious Sir: In compliance with the decree which, under date of August 10 of the current year, your most illustrious Excellency saw fit to issue, to the effect that, in the shortest possible space of time the divisions of imposts should report upon the matters concerning each one in the proceedings set on foot by the politico-military governor of Sulu in regard to the expediency or the inexpediency of the renewal of the exemption from taxation enjoyed by the natives in that place, I have to state to your illustrious Excellency that:

1. The undersigned chief, fully agreeing with the enlightened views set forth by the governor of Sulu, believes that the maintenance of the declaration of freedom of the port granted to Jolo is of the highest political moment and that the franchise should be extended to Siasi.

2. That in regard to indirect imposts which are of such a nature that, while they are a source of profit to the state, they bring also no small benefit to the tax-payer, these should be made applicable to the Sulu archipelago, as undoubtedly has been the case, as a matter of fact, up to the present time in regard to the stamp and lottery revenues.

3. Both for the reasons set forth by the governor of Sulu as well as for these given by his predecessor on June 11, 1893, in favor of a tax upon opium smokers, the undersigned chief believes that it is not only just but a matter of the greatest necessity to continue the imposition of this tax.

Your most illustrious Excellency will, however, order whatever he deems most expedient.

Manila, September 10th, 1897.

José Garcés de Marcilla.

Office of the Intendant-General of the Treasury,

Manila, December 28, 1897.

Let the report of the Chamber of Commerce and of the administration of customs of Manila be heard, within one and the same period of five days.

Dominguez.

General Government of the Philippines

Royal Order

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

Madrid, April 2, 1877.

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

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

[Protocol referred to.]

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

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

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

Considering the preliminary fact that the German ships “Marie Louise” and “Gazelle” were returned and an indemnity paid for their cargoes in 1873 and 1874, and that the German ship “Minna” was returned twice in 1875 and 1874;

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

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

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

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

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

I

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

II

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

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

III

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

IV

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

V

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

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

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

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

General Government of the Philippines

Royal Order

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

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

Terrero.

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

I

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

II

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

III

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

IV

The Spanish Government pledges itself to carry out in the archipelago of Sulu the stipulations contained in Articles I, II, and III of the protocol signed in Madrid on March 11, 1877, viz.: (1) Commerce and direct trading by ships and subjects of Great Britain, Germany and the other powers are declared to be and shall be absolutely free with the archipelago of Sulu and in all parts thereof, as well as the right of fishery, without prejudice to the rights recognized to Spain by the present Protocol, in conformity with the following declarations: (2) The Spanish authorities shall no longer require ships and subjects of Great Britain, Germany and the other powers, going freely to the archipelago of Sulu, or from one point to another point in the world, to touch, before or after, at any specified place in the archipelago or elsewhere, to pay any duties whatsoever, or to get a permit from said authorities, who, on their side, shall refrain from obstructing or interfering in any way with the above mentioned trade.

It is understood that the Spanish authorities shall in no way and under no pretense prevent the free importation and exportation of all sorts of goods, without exception, save at such places as are occupied, and in accordance with Declaration 3, and that in all places not occupied effectively by Spain, neither the ships and subjects above mentioned nor their goods shall be subject to any tax, duty or payment whatsoever, or any sanitary or other regulation. (3) In the places occupied by Spain in the archipelago of Sulu, the Spanish Government shall be empowered to establish taxes and sanitary and other regulations, while said places are effectively occupied; but Spain pledges herself, on her part, to provide in such places the offices and employees necessary to meet the requirements of commerce and the application of said regulations. It is however expressly understood that the Spanish Government, which is resolved to impose no restrictive regulations in the places occupied by it, pledges itself voluntarily not to establish in said places taxes or duties exceeding those provided in the Spanish tariffs or in the treaties or conventions between Spain and any other power. Neither shall it put into force in said places exceptional regulations applicable to the commerce and subjects of Great Britain, Germany and the other powers. In case Spain should occupy effectively other places in the archipelago of Sulu, and provide thereat the offices and employees necessary to meet the requirements of commerce, the Governments of Great Britain and Germany shall not object to the application of the rules already stipulated for places occupied at present. But in order to avoid the possibility of new claims due to the uncertainty of business men in regard to the places which are occupied and subject to regulations and tariffs, the Spanish Government shall, whenever a place is occupied in the Sulu archipelago, communicate the fact to the Governments of Great Britain and Germany, and inform commerce at large by means of a notification which shall be published in the Official Gazettes of Madrid and Manila. In regard to the tariffs and regulations stipulated for places which are occupied at the present time, they shall only be applicable to the places which may be subsequently occupied by Spain six months after the date of publication in the Official Gazette of Madrid.

It remains agreed that no ship or subject of Great Britain, Germany and the other powers shall be required to call at one of the occupied places, when going to or coming from a place not occupied by Spain, and that they shall not be liable to suffer prejudice on that account or on account of any class of merchandise addressed to an unoccupied place in the archipelago.

V

The Government of her Britannic Majesty pledges itself to see that there is entire freedom of commerce and navigation, without distinction of flags, in the territory of North Borneo administered by the “British North Borneo Company.”

If the Governments of Great Britain and Germany do not refuse their adhesion to the present protocol within fifteen days from this date, or if they notify their acceptance before the expiration of said period, through their undersigned representatives, the present declarations shall then come into force. Done at Madrid the 7th of March, 1885.—Seal.—(Signed) J. Elduayen.—Seal.—(Signed) C. Solms.—Seal.—(Signed) R. B. D. Morier.

Office of the Governor-General of the Philippines, Manila, March 1, 1894.

In view of the obligation incurred by the Sultan of Sulu by virtue of which the Moros of all the Sulu archipelago have to pay from the first day of January of next year, one real each, as a tribute of vassalage; and since it is necessary to organize this service in a regular manner and in harmony with the customs of the races living there, I decree the following:

2. These partial lists shall be fused in one single general census which the Sultan of Sulu shall deliver to the politico-military governor of that archipelago before October 1, of the current year.

3. The interpreters of Jolo, Siasi, Tata’an, and Bangao shall assist the Sultan in the work of making up these lists and shall translate them into Spanish; and for this extra work they shall receive the allowances designated below, the amounts being deducted from the total proceeds of the liege-money above referred to.

Allowances

To the interpreter of Jolo ₱20 per month.

To the junior linguist of Jolo ₱ 6 Do.

To the interpreter of Siasi ₱ 8 Do.

To the interpreter of Tata’an ₱ 8 Do.

To the interpreter of Bangao ₱ 8 Do.

4. As soon as the lists are completed and have been examined by the politico-military governor of Sulu, certified copies shall be sent to this office.

5. The collection of the tribute shall be made by means of certain special cedulas, which in due time will be furnished to the Sultan for distribution, who will collect the amounts paid in and deliver them over in specie at the office of the politico-military governor of Sulu.

6. The total proceeds from the said tribute, after deducting the amount of the allowances to the interpreters, shall be devoted for the present to the development of the establishments of Jolo, and especially to the construction of roads.

To be communicated.

Blanco.

Manila, December 25, 1895. His high Excellency the Minister of Colonial Affairs.

Excellent Sir: In compliance with the Royal order communicated under date of the 23rd of October last, I have the honor to send to your Excellency a copy of the previous record of investigations transmitted by the office of this General Government, together with the report of the office of the secretary, the remittance of which your Excellency requests.

In the judgment of this office (which has, on various occasions, inspired only by a regard for the best interests of the nation, expressed the opinion that the Sulu Protocol is too prejudicial to the said interests to permit of the points of doubtful interpretation in the same being interpreted liberally), the point in regard to the right of fishery which foreigners lay claim to exercise freely in waters under the jurisdiction of our sovereignty, is not a doubtful one at all, but is entirely contrary to their pretensions. The claims are founded, according to the statements of those who agree with the views which they involve, in Declaration I of the said Protocol of 1877, reproduced in the Protocol of 1885 and in that signed in Rome in the same year, relating to the Caroline and Pelew Archipelagoes.

This declaration runs as follows—ratified by Article IV of the second of these important diplomatic documents:

The direct commerce and trade of boats and subjects of Great Britain, of Germany, and of the other powers, is declared, and shall be, absolutely free in the archipelago of Sulu and in all its parts, as also the right of fishery, without prejudice to the rights recognized as belonging to Spain in the present Protocol, in conformity with the following declarations * * *.

III. At points occupied by Spain in the archipelago of Sulu, the Spanish Government may establish imposts, and sanitary and other regulations of whatever kind, during the effective occupation of the said points * * *.

From the transcript it is evident that Spain may regulate the exercise of the right of traffic and commerce, not with the purpose of restricting, and much less of denying, the principle of commercial liberty recognized in Declaration I, but with that of conditioning the exercise of that right in such a way that her own rights as a sovereign nation shall not be infringed. And what she may do in regard to mercantile trade, with greater reason she may and should do in everything referring to the right of fishery, a right which is declared only in general terms, and one of which the protocol does not treat except in making the affirmation of the principle itself, whereas in regard to commerce, it descends to minute details.

And this could not be otherwise, for anything else would be equivalent to impairing the sovereignty of Spain; and this, in an agreement in which this sovereignty is openly recognized and proclaimed, would pre-suppose a contradiction so palpable and absurd that it is not worth while even to discuss it.

Spain, as a sovereign and independent state, holds and exercises her sovereignty not only in her territories and on the coasts of the same, but in her jurisdictional waters, and can, therefore, regulate the exercise therein of any right granted to foreign subjects, and may, even, in the exercise of her sovereignty, prohibit the enjoyment of such right altogether; this is an indisputable principle of international law, though there is nothing to prevent a state from limiting the same in favor of another or other states; but it is a sine qua non condition to this that there shall be an express and clear declaration of her will on this point, and no one can reasonably affirm that Spain has made in the Sulu Protocols, neither in that of 1877, nor in that of 1885, a total or partial surrender of this right in regard to that of fishery; there is, it is true, a declaration in general terms that the fisheries are absolutely free in the archipelago of Sulu; but this absoluteness of the principle is immediately qualified by the condition that it shall be without prejudice to the rights recognized as belonging to Spain in the protocol, and it has already been pointed out that one of these rights—the principal one and that which contains all the others, the right of sovereignty—is proclaimed and recognized at the head of the agreement. Outside this declaration in general terms, there will not be found in all the protocol a provision or regulation referring to the exercise of the right of fishery and much less a concrete and express declaration on the part of Spain that she will permit the exercise thereof freely on her coasts and in her territorial waters. To permit of this a concrete, clear, and definite declaration would be necessary, such as is to be found in the Morocco Treaty, signed on November 30, 1861, Article 57 of which establishes qualifiedly “That Spanish subjects shall have a right to fish along the coasts of the Moroccan Empire;” and even so, in Article 60 of the same treaty, it is stipulated that, in order to facilitate the coral fishery, in which the Spaniards engage on the coast of Morocco, fishers shall pay the sum of 150 Spanish dollars for each coral fishing boat, and that through the representative of Spain they shall request permission from the minister of foreign affairs of His Majesty the Sultan who shall issue the necessary authorization.

From which it may be seen that even in the case of declarations in regard to the right of fishery which are concrete, clear and definite, there is needed, for the free exercise of the same, something more than a declaration in general terms, such as is that contained in the Sulu Protocol of 1877.

Furthermore, it is always customary in international agreements which refer to fishery rights to lay down regulations and provisions which shall regulate the exercise of such rights, as is proved by a multitude of agreements, among which are: that already cited of Morocco, that of February 18th, 1886, between Spain and France regarding the fishery and navigation of the Bidasoa, in which the right of oyster fishing is restricted, its absolute prohibition being made possible; as also that of 1889 ratifying the preceding one, the Portuguese convention of March 27th of 1893 and the coast police and fishery regulations; as well as that of August 22nd of 1894, in regard to the fisheries in the waters of the Algarbes, etc.; all of which is well known by the illustrious Government of His Majesty, and attention is called to it here only in support of the opinion maintained, namely, that the right to authorize, condition, restrict, and even prohibit the engagement in fishery on its coast and in its jurisdictional waters is inherent in the sovereignty of an independent state; and if it has this right in regard to fisheries in general, with greater reason must it preserve and exercise the same in regard to oyster fisheries, by reason of the changes which may be produced in the sea bed, and even for the purpose of preserving the breeding grounds of the precious pearl-shell mollusk, the Avicula Margaritifera, the banks being the property of the nation, and like all its territory, inalienable and non-prescriptible; both so that they shall not be exhausted and that their exploitation may be reserved for the national industry.

From the preceding, written with less detail than would have been the case had the pressure of time permitted, it may easily be inferred that, in the opinion of this General Government, Spain in spite of Declaration I of the Sulu Protocol—perhaps it would be more correct to say, by virtue of that very declaration, the terms of which really determine the meaning of Declaration III and Article I of the Treaty—preserves intact her right as a sovereign nation to restrict, condition, and even prohibit engagement in the oyster fishery on her coasts and in her jurisdictional waters, without further limitations than those which she may deem expedient to self-impose.

Admitting her rights as a sovereign state, there arises a question of a political nature, which the circumstances above indicated convert into a problem demanding an early resolution.

To what extent should Spain exercise this right?

On this point, the views of the General Government will be expressed as concisely as possible and with the soberness demanded both by the respect due to the high prerogatives of the public authorities and by an ignorance of many of the elements which enter into the question, without a knowledge of which it is difficult to determine to what extent it is expedient to restrict the exercise of the right to engage in the oyster fisheries which foreign subjects claim to exercise freely in the Sulu archipelago, a pretension which this General Government regards as entirely opposed to the rights of Spain and her moral and material interests in the Far East. Our prestige with the Malay races here, our moral influence over these semi-civilized Mohammedan people, who recognize no right or supremacy but that of might, demand that Spain, as a colonizing nation, shall maintain the integrity of her sovereignty and shall not seem to be subjugated to the will of other Powers, as would appear if, in her territories and on her coasts, with the knowledge and permission of her authorities and of her war ships, and without even heeding them, foreigners should perform acts which, like that of engaging in the mother-of-pearl fishery, being contrary to our material interests, cannot be carried out without paying tribute to the Moro sultans and chieftains themselves.

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.

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.

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.

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 reënforced 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 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 reënforcement 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.