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.