–Appendix XII: Letter from the Captain-general of the Philippines forwarding a copy of the treaty of peace, protection, and commerce with Sulu

December 25, 1836

Superior Government of the Philippines52

Most Excellent Sir: After having reported to your Excellency in my three former communications, the opinion which I have formed with regard to the countries in the vicinity of our possessions in the southern part of the Philippines, of the relations which we ought to sustain with their governments and the policy we should follow until we shall obtain the immense advantages which our position offers us, I have the honor to deliver to your Excellency a copy of the Capitulations of the Treaty of Peace, Protection, and Commerce, which I have concluded through the captain of frigate, Don José María Halcon, with the Sultan and Datus of Sulu.

The articles which need some explanation, are the 1st, 3rd and 4th. With reference to the 3rd and 4th, I mention them in my former communication and indicate their intent; and with respect to the 1st, I copy herewith what has been reported to me by the commissioner, D. José María Halcon, which is as follows:

I must make clear an important point relating to the text of the Capitulations, in the wording of which your Excellency has noted perhaps some ambiguities and omissions in Article I, which while intended to make the Datus and Sultan of Sulu acknowledge and declare the extent of our rights, seems indefinite on certain points which many irresponsible writers have asserted with confidence.

While considering the protection granted the Sultan, I recognized the inexpediency of making the same include the lands which he has lately acquired in Borneo, and of determining definitely the line of the boundary in Palawan, the title to which island, as also that to Balabak and Balambangan, is very disputable, though at present, the lands where we have not established our settlements of the province of Kalamians are included de facto in his possessions.

Palawan was ceded to the Crown of Spain by the King of Bruney, and Balabak is likewise ceded by an instrument brought back by D. Antonio Fabean when he went there as Embassador under the administration of the Marquis of Obando, [322]which should be in the archives of the Philippine Government; but since these cessions were made on an occasion when the Sultan of Sulu found himself in possession of the lands by virtue of a former cession made in his favor by another King of Bruney, such documentary testimony cannot serve as the basis of our arguments, especially since we did not proceed to found any settlements.

This matter of the cession of Balabak occurred upon the occasion of a visit to Manila, of Sultan Mohammed Alimud Din (Fernando I) who, asserting his right to the island, executed and ratified upon his part the gift, at least in word, through D. Manuel Fernandez Toribio, afterward Governor of Zamboanga, and the Secretary of the Government.

Our writers have misrepresented the subsequent conduct of the said Sultan, and concealed very important facts, but at any rate, the very concealment of the reasons for his fleeing from Manila betokens the lack of liberty in all of the instruments he granted during his stay in that place; moreover the facts in the case justify his later actions, which gave occasion for casting a doubt over the legitimacy of our title to the lands under consideration.

The true reason for the actions of Mohammed Alimud Din, beginning with his flight from Manila, was the fact that he had purchased the secret in a copy of the confidential letter which the First Minister of the Monarchy, Marquis de la Ensenada, wrote to the Captain-General of the Philippines on August 28, 1751, discussing the states of Sulu; which document, when brought to his knowledge, could not fail to ruin all of our political moves, and to dispose him to take every defensive measure against our power, for Mohammed Alimud Din was a man of no mean understanding.

This was the origin of the letters which, on September 17, 1763, the said Sultan wrote from Sulu to the King of England and to the English company,53 ratifying in favor of the latter the concession of the lands which form the strait of Balabak, in which is comprised the southern part of Palawan from Point Kanipaan to Point Bulilaruan, and this was the origin of their settlements in Balabak and Balambangan which have been abandoned since later events.

Such are the antecedents which induced me to draw up the said article with such ambiguity that it may be construed to the advantage of the Crown without giving occasion to embarrassing objections.

My aim throughout, most illustrious Sir, has been to promote the national welfare by carrying out the high designs of your Excellency, who by promoting this enterprise has attempted to open up one of the most abundant sources of wealth in the Philippines.

I also deliver to your Excellency a copy of the Capitulations, in which, in consequence of Article 2nd, it has been agreed to determine the duties to be paid by the Sulu vessels in Zamboanga and Manila, and ours in Sulu. For the better understanding of these stipulations, I have thought it expedient to inclose a copy of the explanation with which the said commissioner forwarded them to me.

The present tariff rates have served as a basis for the duties imposed upon the Sulu vessels, it being beyond my authority to alter them. With reference to those which shall be paid by our vessels in Joló, although they may appear to be excessive, it will be sufficient to inform your Excellency that all of the ship-owners who are accustomed to make voyages to Joló, have been satisfied with the very favorable terms we have [323]secured in the agreement, not only because of the high valuation set on the articles in which payment will be made, but because of the regulation and reduction to fixed rules of the charges, that until now have been arbitrary and never less than the stipulated rates. It is true that they have desired not only a greater reduction but still more their complete abolition, as is natural, but it was necessary to conciliate the two parties, as the commissioner says.

Above all, one of the advantages of importance which our merchants recognize in the relations now established, the benefits of which they have begun already to experience, is that the Sultan and Datus together guarantee the credits left in Sulu as a result of commercial operations, which advantage they have not heretofore enjoyed, but waited on the will and good faith of the debtor, who paid if he pleased and when he pleased, or perhaps never, and there existed no means of compelling him as there now is by recourse to the Government.

Likewise through the preference they are now accorded, our merchants have gained greatly, as your Excellency will comprehend. In short, there is not one of them who is not well satisfied with the results of the negotiations, and all appreciate the skill and prudence with which Halcon has conducted himself upon a mission all the more delicate and difficult since he has had to treat with a Government whose lack of enlightenment and poorness of organization equal the barbarism of its people.

Finally, in the answer given by the Chamber of Commerce of which I inclose a copy, your Excellency will perceive the appreciation which the Capitulations have brought him, by having settled the duties to be paid by our vessels in Sulu, as also by having established relations with the Government of that island.

I trust that your Excellency will condescend to bring all this to the notice of her Majesty that she may grant her Royal approval.

God preserve your Excellency many years.

Manila, December 25, 1836.

Most excellent Sir,

(Sgd.) Pedro Antonio Salazar.—Rubricated.

The most excellent the Secretary of State and of the Office of “Gobernación” of the Kingdom.