— Appendix XIV: Camba’s report on the circumstances attending the treaty of 1836 and its bases

November 16, 1837

Superior Government of the Philippines57

Excellent Sir: In compliance with the provision of the Royal order of the 24th of April last, requesting, for the information of her Majesty the record of the correspondence exchanged in regard to the treaty of commerce made by my predecessor with the Sultan of Sulu, and the bases of said treaty, I forward the same to your Excellency, with a few personal observations suggested by a reading of the said papers.

On the 31st of January, 1835, the Tribunal of Commerce forwarded to the Captain-General, approved by it, a report presented by several business men who traded with Sulu, setting forth the deceitful methods of the Datus, or principal people of the island, in their agreements and contracts, and requesting, in order to restrain and intimidate them, that the naval division of Zamboanga, or part of it, be stationed in the port of Jolo during the time the national merchant vessels remain there for the purpose of making their sales and purchases. A decree was issued on the 9th of March of the same year, concurring in the opinion of the Assessor, and declaring that the request could not be granted at that time, but that it would be taken into consideration as soon as the circumstances allowed. This is a brief of the document marked Number 1.

On the 9th of February, 1836, José Dugiols, who had sold goods on credit to the amount of 8000 pesos to the Jolo people, and despaired of getting paid, presented a new petition, similar to that which had been sent 11 months before. The Chamber of Commerce approved it, and requested that a fleet of launches be stationed at Jolo during the business season, there to gather information which would allow the Government to take proper action in the matter; it also insisted that the commander of the fleet be a capable person, who, without compromising the flag, would know how to conciliate the purpose of the naval demonstration with the spirit of peace and concord which he ought to maintain [334]between the crews of our ships and the people of Jolo. This suggestion, which had already been made in the petition presented the year before, was favorably endorsed one after the other by all who intervened in the papers in the case and resulted in the final resolution of May 31st, which contains 14 articles. The first provides that it shall be one of the duties of the commander of the naval division of Zamboanga to protect the Spanish ships while they are at Jolo, and instructions are given him to that effect. The second appoints captain of frigate José María Halcon to take charge, temporarily, of the command of the Division of Zamboanga, and establish relations of friendship and commerce with the Sulu people. The third directs him to inform the Sulu Sultan of his visit in the way he may deem most likely to convince him of the peaceful intentions of this Government. The fourth directs him to make himself recognized by the officers and men of our ships, as the commanding authority who shall maintain them in peace and good order. The fifth charges him not to allow his men to land, so as to avoid disorder. The sixth directs him to take action in regard to any excess, as provided by the Code. The seventh, to hold in check the crews of our ships, so as to give the Sulus neither reason nor pretence for showing their bad faith. The ninth forbids the commander of the division and all those under his orders to enter into any business speculation whatsoever. The tenth directs the commander to be ever careful to keep all his men within the bounds of duty. By the eleventh he is directed to see that all contracts are religiously fulfilled, and, if necessary, to complain energetically to the Sultan, and by the twelfth to see that our people fulfil their own. Articles thirteen and fourteen direct the commander to obtain information about the political and civil conditions of Sulu and its topographic situation.

After acquainting himself with the foregoing, Captain José María Halcon inquired what would be the minimum importation duty in Manila for articles proceeding from Sulu, and asked for instructions in regard to the importation of arms and ammunition into Sulu by our ships. In answer to the first question, the Board of Tariffs fixed at 2 per cent the duty on all articles imported from Sulu to Manila in its own vessels,58 except wax and cacao, which would have to pay 14 per cent under a foreign flag and half that amount under the national flag; in regard to the second the importation of arms and ammunition into Sulu by our ships was prohibited.

A letter to the Sultan of Sulu was furthermore given the commander, accrediting him and explaining his mission, the petition presented by Dugiols and endorsed by the Chamber of Commerce, requesting that our business relations with Sulu be granted a protection which experience made each day more necessary, being thus complied with. [335]

On April 15, 1836, Halcon forwarded the capitulations of peace and the commercial agreements made by him in the name of this Government with the Sultan of Sulu. The first consists of 6 articles, by which the Spanish Government grants the Sultan its protection, which is accepted by the latter, with a mutual assurance of coöperation between them against any nation not European. Spanish boats are to be admitted freely in Sulu, and Sulu boats in Zamboanga and Manila. It is agreed that a Spanish factory shall be established in Jolo, so as to avoid damages and delays to our commerce, the same right being given the Sulus in Manila. Certain rules are established in order to distinguish friendly from hostile boats. The Sultan is pledged to prevent piracy on the part of those who recognize his authority; and it is furthermore agreed that in case of any doubt as to the meaning of any article, the literal Spanish text shall be followed. In accordance with the opinion of the Government assessor, these capitulations were approved by decree of January 20 of this year. The commercial agreements contain 9 articles. The first establishes a duty of 2½ per cent on all products brought by the Sulus. The second excepts wax and cacao, as recommended by the Board of Tariffs. The third provides a duty of 1 per cent for the importation in Zamboanga of products brought by the Sulus. The fourth provides that the payment of the duties shall be made in cash in silver. The fifth establishes the dues to be paid by our boats at Sulu. The sixth fixes the value, in products, of those dues. The seventh, in its first part, declares, that all Sulu boats trading without a license shall be treated as smugglers, under the law of the Kingdom; in its second part it also requires our boats to show a bill of lading in accordance with the cargo, on pain of a fine of ₱500, two thirds to go to the Sultan and one third to our exchequer. The eighth provides that if the duties are reduced in Manila and Zamboanga on the articles coming from Sulu, the same shall be done in Sulu, and that if the Sultan reduces the dues on foreign ships, he shall do the same for ours. The ninth provides that in case of doubt the literal Spanish text shall be followed. After hearing the opinions of the Boards of Commerce and Tariffs, and in accordance with that of the assessor, the foregoing was approved by decree of the 20th of January of this year, with a small reduction of ½ per cent on the duties to be paid by the Sulus in Manila, and an explanation of the proceeding to be followed for the appraisement of their cargoes in Zamboanga and in Manila.

Shortly before this ratification by the Government, it was decreed on the 13th of January, at the request of Commissioner Halcon, that in order to avoid trouble between this Government and that of Sulu, the captains and supercargoes of the Spanish ships should give no credit to the Sulus, except with the authorization of the Sultan, under the penalty of being barred from claiming his protection or that of the Spanish [336]Government for the collection of such credits; and that all settlements of the pay of the crews of our ships should be so made as to avoid the abuse of paying them in kind, instead of currency.

Such is the information which I have found, and am forwarding to your Excellency in regard to the treaties mentioned. The leading idea in said treaties is one of distrust towards the people of Sulu, on account of their treacherous, cruel and perfidious nature. As this is the only idea which prevails in all our relations with the island, as well as in the Royal order of August 28, 1751, and the documents attached thereto, without referring to older time, I can not be persuaded that the policy of peace and alliance adopted with the Sultan of Sulu can give our shipping and commerce any substantial and permanent advantage.

Several Royal decrees find fault with such treaties and even order them to be revoked in case they have been made; and to justify departure from these sovereign instructions, given with a true knowledge of the facts, and in accordance with the opinion of the illustrious members of the Cabinet, there must now be some powerful political reason which I can not discover. If we take into consideration the very weak authority of the Sultan over his subjects, and the scarcity of his means in the midst of datus or chieftains who, with their families and slaves, constitute distinct communities which are haughty, ambitious and dangerous to him, we find that there is in Sulu no moral force on which to rely for the execution of a treaty, even should there be the best faith and good will on the part of the Sultan.

Furthermore, Sulu and the small adjacent islands produce nothing; even the rice and fish which the people use for their food come from our neighboring possessions: what business reasons are there therefore, capable of calling our attention, or whose profits would pay the expenses of a fleet placed in observation there? All the produce of the islands consists of bêche-de-mer and shell which are gathered by the slaves;59 the clothing and foodstuffs are furnished them, on credit, by our own ships; gold, wax and edible nests come from Mindanao. Hence commerce is confined to a season outside of which our ships never go near Sulu.

There is therefore little advantage to be derived by our commerce from these treaties, and this is confirmed by the communication just received by me from the commander of the Zamboanga division, which I enclose as number 6. It betrays complete disappointment, and shows the wisdom of the instructions given in the above mentioned Royal decrees.

The policy which we ought to follow with the Sulus is one of continual and perspicacious caution, with well conditioned, well situated and well commanded naval forces, ready to obtain at once satisfaction for any offense to our flag; and I believe that this could be done without much trouble, by using steamships, as the Dutch have done in their settlements [337]in the Moluccas, where they suffered from the piracy of the Moros much as we do in the Philippines.

The foregoing information covers, I believe, all the points mentioned in the Royal order of April 24th, last, and which are the object of the present communication and of the documents which I enclose therewith. May God keep your Excellency many years.

Manila, November 16, 1837.

Andrés G. Camba.

His Excellency the Secretary of State and of the Department of the Navy, Commerce, and Colonies.