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[52]
Superior Government of the Philippines
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, 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.