The History of Sulu

by Najeeb M. Saleeby

Treaty of April 30, 1851

Sultanate of Sulu

Act of Incorporation into the Spanish Monarchy, April 30, 1851

Solemn declaration of incorporation and adhesion to the Sovereignty of Her Catholic Majesty Isabel II, Constitutional Queen of Spain, and of submission to the Supreme Government of the Nation, made by His High Excellency the Sultan of Sulu, Mohammed Pulalun, Datus Mohammed Buyuk, Muluk, Daniel Amil Bahar, Bandahala, Muluk Kahar, Amil Badar, Tumanggung, Juhan, Sanajahan, Na’ib, Mamancha and Sharif Mohammed Binsarin, in the name and in representation of the whole island of Sulu, to Colonel José María de Carlos y O’Doyle, Politico-Military Governor of the Province of Zamboanga, islands of Basilan, Pilas, Tonkil, and those adjacent thereto, as Plenipotentiary specially authorized by His Excellency Antonio de Urbiztondo, Marquis of Solana, Governor and Captain-General of the Philippine Islands.

Article I. His Excellency the Sultan of Sulu, for himself, his heirs and descendants, Datus Mohammed Buyuk, Muluk, Daniel Amil Bahar, Bandahala, Muluk Kahar, Amil Badar, Tumanggung, Juhan, Sanajahan, Na’ib, Mamancha and Sharif Mohammed Binsarin, all of their own free will, declare: That, for the purpose of making amends to the Spanish Nation for the outrage committed against it on the first of January of this year, they desire and request that the island of Jolo and all its dependencies be incorporated with the Crown of Spain, which for several centuries has been their only sovereign and protectress, making on this day a new solemn declaration of adhesion and submission and recognizing Her Catholic Majesty Isabel II, Constitutional Queen of Spain, and those who may succeed her in this supreme dignity, as their rightful Sovereign Lords and Protectors, in virtue of the treaties made in old times, of the treaty of 1836 and the additions made thereto by the present governor of Zamboanga in August, and also and very particularly of the recent conquest of Jolo on the 28th of February of the present year by Captain-General Antonio Urbiztondo, Marquis of Solana and Governor-General of the Philippine Islands.

Article 2. The Sultan and Datus solemnly promise to maintain the integrity of the territory of Sulu and all its dependencies as a part of the Archipelago belonging to the Spanish Government.

Article 3. The island of Sulu and all its dependencies having been incorporated with the Crown of Spain, and the inhabitants thereof being part of the great Spanish family which lives in the vast Philippine Archipelago, the Sultan and Datus shall not be empowered to make or sign treaties, commercial agreements or alliances of any kind with European powers, companies, persons or corporations, and Malayan sultans or chiefs, under pain of nullity; they declare all treaties made with other powers to be null and void if they are prejudicial to the ancient and indisputable rights held by Spain over the entire Sulu Archipelago as part of the Philippine Islands, and they ratify, renew and leave in force all documents containing clauses favorable to the Spanish Government that may have been drawn up before this date, however old they may be.

Article 4. They renew the solemn promise not to carry on piracy or allow anybody to carry on piracy within the dominions of Sulu, and to run down those who follow this infamous calling, declaring themselves enemies of all islands that are enemies of Spain and allies of all her friends.

Article 5. From this day forth the island of Sulu shall fly the Spanish national flag in its towns and on its ships, and the Sultan and other constituted authorities shall use the Spanish war flag, under the principles in use in other Spanish possessions, and shall use no other either on land or on sea.

Article 6. The island of Sulu and its dependencies having been declared an integral part of the Philippine Archipelago, which belongs to Spain, commerce under the Spanish flag in all the ports of the Sultanate shall be free and unmolested, as it is in all the ports belonging to the Nation.

Article 7. The Sultan and Datus of Sulu, having recognized the sovereignty of Spain over their territory, which sovereignty is now strongly established, not only by right of conquest but by the clemency of the conqueror, they shall not erect fortifications of any kind in the territory under their command without express permission of His Excellency the Governor-General of these Islands; the purchase and use of all kinds of firearms shall be prohibited except with a license issued by the same supreme authority, and craft found with arms other than the edged weapons which have from time immemorial been in use in the country shall be considered as enemies.

Article 8. The Spanish Government, as an unequivocal proof of the protection which it grants the Sulus, will give the Sultan and Datus adequate Royal titles establishing their authority and their rank.

Article 9. The Spanish Government guarantees with all solemnity to the Sultan and other inhabitants of Sulu the free exercise of their religion, with which it will not interfere in the slightest way, and it will also respect their customs.

Article 10. The Spanish Government also guarantees the right of succession to the present Sultan and his descendants in the order established and as long as they observe these agreements, and equally guarantees the rank and dignities of the privileged classes, which shall retain all their rights.

Article 11. Sulu ships and goods shall enjoy in Spanish ports, without any distinction whatever, the same privileges and advantages granted the natives of the Philippine Islands.

Article 12. Except in the case of Spanish ships, the duties that constitute the income with which the Sultan and Datus maintain their respective ranks shall remain in force, so that they may continue to keep up the proper splendor and decorum of their station; for this purpose said duties shall be paid by all ships coming to their ports; other measures will be taken later on to enhance their dignity and increase their prestige.

Article 13. For the purpose of assuring and strengthening the authority of the Sultan, and also of promoting a regular trade which may enrich the island of Sulu, a trading post, garrisoned by Spanish forces, shall be established as soon as the Government so orders, and in accordance with Article 3 of the Treaty of 1836; for the building of the trading post the Sultan, Datus, and natives shall give all the assistance in their power and furnish native labor, which will be paid for, and all necessary materials, which they will charge at the regular market prices.

Article 14. The trading post shall be established at the place called Daniel’s Kuta, next to the roadstead, as it is the most suitable place; but care shall be taken not to encroach in any way on the native cemetery, which has to be religiously respected, and no buildings whatever shall be erected in said cemetery, so as to avoid the trouble that would ensue to those who might build there.

Article 15. The Sultan of Sulu may issue passports to all persons within his dominions that may request them, and fix the amount of the fees; he is also authorized to countersign or place his seal on the passports of Spaniards visiting his place of residence.

Article 16. In view of the Sultan’s declarations regarding the losses suffered by him in the destruction by fire of his forts and palace, and convinced of the reality of the losses, the Spanish Government grants him an annuity of 1,500 pesos in order to indemnify him in a certain way for these losses and at the same time to help him to maintain, with proper splendor, the decorum due his person and his rank. The same considerations induce the Spanish Government to grant Datu Mohammed Buyuk, Muluk and Datu Daniel Amil Bahar 600 pesos per annum each, and 360 pesos to Sharif Mohammed Binsarin on account of his good services to the Spanish Government.

Article 17. The articles contained in this solemn Act shall go this day into full effect, subject however to the superior approval of His Excellency the Governor-General of these Philippine Islands. Any doubt which may arise in regard to the text of this Act shall be resolved by adhering to the literal meaning of the Spanish text.

Signed at Jolo on the 19th of April 1851.—Seal of the Sultan.—Seals of Datus Muluk Kahar; Tumanggung; Sanajahan; Mamancha; Muluk Bandahala; Amil-Badar; Juhan; Na’ib; and signature of Sharif Mohammed Binsarin.—The Politico-Military Governor of the province of Zamboanga etc.: José María de Carlos y O’Doyle.

I, Don Antonio de Urbiztondo y Eguía, Marquis de la Solana, Knight Grand Cross of the Royal American Order of Isabel the Catholic, Knight of the Royal Order of San Fernando of the first and third class, and of that of San Hermanegildo, Lieutenant-General of the National Forces, Governor and Captain-General of the Philippine Islands, President of the Royal Audiencia of the Philippine Islands, Judge-Subdelegate of Post Office Revenues, Vice-Royal Patron, and Director-General of the troops, etc., approve, confirm and ratify this capitulation in the name of Her Majesty Isabel II.

Manila, April 30, 1851.—Antonio de Urbiztondo.

True copy.—Seal of the Captain-General of the Philippines.

Royal order approving the salaries assigned to the Sultan and Datus of Sulu, December 14, 1851.

The Queen (whom God save), in view of the letter of Your Excellency of May 3rd last, No. 1236, and of the report of the Secretary of State on the subject, has been pleased to approve the salaries assigned by Article 16 of the Capitulation to the Sultan and Datus of Sulu, and amounting to 1,500 pesos for the Sultan, 600 pesos for each of the Datus Mohammed Buyuk Muluk and Daniel Amil Bahar, and 360 for Sharif Binsarin.

By Royal order etc.

Madrid, December 14, 1851.

The Intendant of the Philippines.

Translation of the Sulu text of the treaty of 1851

A statement of firm agreement and union (in friendship) made by the Queen Spain Isabel II, Constitutional Queen of all Spain, and the honorable officers of her government, with the Mawlana Sultan Mohammed Pulalun and the Datus Mohammed Buyuk, Muluk, Amil Bahar, Bandahala, Muluk Kahar, Amil Badar, Tumanggung, Juhan, Sawja’an, Na’ib, Mamancha, and Tuan Sharif Mohammed Binsarin.

The King was represented here by Colonel Don José María de Carlos y O’Doyle, Politico-Military Governor of the Province of Zamboanga and islands of Basilan, Pilas, Tonkil, and others, who was given power and authority by General Don Antonio de Urbiztondo, Marquis of Solana, Governor and Great Captain of the Philippine Islands.

Article I. The Mahasari Mawlana Sultan of Sulu and his ministers together with the datus mentioned above have the great desire to state that they had good intentions toward the people of Spain, on January 1, of this year. They also state that the relation of Sulu and its dependencies to Spain has been one of intimate union from the first until now.

They make anew, to-day, a firm agreement of union in friendship with the Queen of Spain Isabel II, Constitutional Queen of All Spain, and all her honorable officers, to reaffirm the previous agreement of 1836, as also the agreement of last year made with the governor of Zamboanga, in the month of August, which fully affirmed the “Kunkista”[5] of Sulu which was effected on the 28th of February, this year, by Señor the excellent Don Antonio Urbiztondo, Marquis of Solana, Governor and great Captain of the Philippine Archipelago.

Article II. The Sultan and Datus promise with firm intention and brotherhood not to revoke their agreement to the occupation of Sulu and its dependencies, regarding them as dependencies of Spain.

Article III. Sulu and her dependencies alike use the Spanish flag; the people of Sulu and her dependencies are one with the people of Spain, and ally themselves to the Philippine Islands.

It shall not be right for the Sultan and the Datus to make treaties with Malay datus or any nation other than Spain, whether that nation is Spain’s ally or not. Should such treaties be made they would be null. So also they can not make any contracts with any persons other than Spaniards, nor any agreement contrary to the previous ones. Such agreements, if made, will not be binding because Spain is in all the islands of Sulu as she is in her Philippine Islands, and Sulu has previous friendship treaties with Spain.

Article IV. New promise: Pirates shall not be allowed at all here in Sulu. Should they commit any crime they shall be punished wherever they may be.

Article V. The subordinate rulers, and all boats, from this day on, shall use the Spanish flag, but the Sultan and the Datus can use a war flag like the Spanish officials. They will not use any other flag.

Article VI. The Island of Sulu and all its dependencies large and small, being the same as the Philippine Islands in that they belong to Spain, all Spanish officers and all ships flying the Spanish flag may navigate through the Sulu Archipelago without any objection.

Article VII. It is recognized by the Sultan and the Datus that the King of Spain is powerful these days and is just and merciful in acquiring “Kunkista,” and that it is not right to build forts without informing the Spanish Government nor to buy arms without having also informed the Spanish Government, nor to have boats carry any arms except the kris and the spear, for other arms are signs of enmity.

Article VIII. The Spanish Government, wishing to promote fellowship with the people of Sulu, gives the sultan and the datus titulu (titles) to increase their respect and honor.

Article IX. The Spanish Government assures the Sultan and all the people that it will let their religion alone, and that it will not try to change their religion, nor object to the free exercise of their worship and the customs of their race.

Article X. The Spanish Government does also promise the people and the Sultan that it will not break its word. It also promises to recognize the ranks of the Sultan and the Datus, and also those of subordinate rulers and the people.

Article XI. Sulu boats and goods may go to Spanish countries without any objection, in the same manner as if they belonged to that country.

Article XII. All ships that come to Sulu, except those of Spain, pay duties as previously, in order that the Sultan and the Datus may get a share of the income of their towns, and may adopt measures which will improve and benefit the town.

Article XIII. If the power of the Sultan is well established and sustained, he may be able to secure other profits besides this, by helping the Spanish Government, in accordance with Article 3 of the treaty of 1836, providing for the building of a trading post which would be guarded by Spain. It will be proper for the Sultan and the Datus to help in the erection of this trading post, and all labor and lumber shall be paid for according to the custom of the place.

Article XIV. This trading post shall be built near the site of the fort of Amil Bahar.[6] It shall not encroach upon nor cause any injury to the cemetery of the Mohammedans, but out of due respect to their religion no house shall be erected there, and in case any be erected it shall be destroyed.

Article XV. The Sultan of Sulu has the right to give passports to all of his people who request it, sign those which he issues, and countersign Spanish passports coming to Sulu.

Article XVI. The Spanish Government, forgiving the previous offenses of the Sultan, and in consideration of the destruction by fire of his palace and his fort, grants the Sultan a yearly sum of ₱1,500 as a help and an indemnity for his losses. The Spanish Government also grants to each of the Datus Mohammed Buyuk, Muluk, and Amil Bahar, ₱600 a year, and to Tuan Sharif Mohammed Binsarin ₱360 on account of his good services to Spain.

Article XVII. The articles of this treaty shall take effect to-day. They shall be shown to the Captain-General of the Philippine Islands lest he would not agree to them. They are also in Spanish.

This treaty gained its purpose in that it checkmated the agreement of Sir James Brooke, but it certainly did not receive as much consideration at Jolo and Zamboanga as it did at Madrid and London. Its effect was temporary only. As early as 1854 a town on Kapul was burned by the Spanish forces from Basilan. In 1855 the Sulus made a dash upon Zamboanga and burned the best part of the town. The “Light Fleet” issued from Isabela de Basilan in 1857, surprised Simisa, rescued 76 captives, and took 116 prisoners. The chiefs against whom the expedition was directed presented themselves later to the governor of Zamboanga and exchanged the Moro prisoners for 60 Christian captives, 1 priest, and 1 European woman. Many pirates continued to scour the remote parts of the Archipelago. In 1858 Governor-General Norzagaray published a proclamation calling the attention of chiefs of provinces and municipalities to the approach of the season at which the pirates appear, and invoking their aid to caution the people and to take proper measures for the defense of their towns. Rewards were also offered for catching or killing pirates and for seizing their boats wherever found, but this had no important effect. In 1860 about 400 Moros raided the Straits of San Bernardino and plundered several settlements.

The year 1861 marks a new era in the history of piracy and a new step in the organization of government for Mindanao and Basilan. At this time Spain and the Philippines were passing through a period of progress. Alive to the truth that commerce and piracy can not coexist, the government provided a competent naval force by which it was able to maintain unquestionable supremacy in the Sulu Sea. It purchased eighteen steam vessels in England and used them for chasing Moro pirates and for blockading the port of Jolo. The operations conducted by these vessels drove away hordes of pirates from Philippine waters, and, in the course of a decade, terminated that long term of piracy under which the Islands had suffered for three centuries.