The Hon. Austin Henry Layard, Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty; and Count Von Hatzfeldt, Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany, commissioned by their respective Governments to terminate the difficulties which have occurred in the Sulu seas and to establish for that purpose, in a final way, the liberty of commerce in those seas, acknowledged by the Secretary of State of Spain in the Notes which he sent on April 15, 1876, to the representatives of Great Britain and Germany;
After having examined with due attention the preliminaries of the question and especially the negotiations formerly carried on between the Governments of Great Britain and Germany and that of Spain, have agreed to draw up the following Protocol:
The Secretary of State of Spain, in the name of his Government, says:
Considering the preliminary fact that the German ships “Marie Louise” and “Gazelle” were returned and an indemnity paid for their cargoes in 1873 and 1874, and that the German ship “Minna” was returned twice in 1875 and 1874;
Duly appreciating the increasing requirements of navigation and commerce, and above all the legal status constituted by the Notes of the Spanish Secretary of State dated the 15th of April last and by the official publication of said Notes by the Governments of Great Britain and Germany, as also by the instructions given accordingly by said Governments to their consuls, agents and commanders of their naval forces;
Therefore the Government of his Majesty the King of Spain recognizes that the merchant ships going to the Sulu archipelago can no longer be required to call first at Zamboanga, to pay the harbor dues there and to provide themselves with a navigation permit delivered at said port. It furthermore believes that it must acknowledge, as provided in the Notes of the 15th of April last, the complete liberty of direct trade and commerce for ships and subjects of Great Britain, the German Empire and the other powers, with the Sulu archipelago.
Considering that the Governments of Great Britain and of Germany have maintained all their claims in regard to the liberty of navigation, commerce and direct trade with the Sulu archipelago and within the archipelago; that the Government of his Majesty the King of Spain admits that it cannot guarantee the security of commerce at unoccupied places of the archipelago in return for duties and dues paid, but will guarantee perfect security to the ships and subjects of Great Britain, Germany and the other powers at places occupied by said Government, and provide the establishments necessary for the protection of their trade, the Spanish Secretary of State remarks that there is no reason why said ships and subjects should be exempted, at places occupied by Spain, from the formalities, general regulations, and ordinary duties, whose nature will be explained in the present Protocol.
The undersigned representatives of Great Britain and of Germany refer, on their part, to the Notes and official communications sent by them on this matter to the Spanish Government, and requesting the latter to acknowledge the absolute liberty of commerce and trade in all parts of the Sulu archipelago, said acknowledgment having been mentioned by the Spanish Government in the Notes of April 15, 1876.
In consequence of what precedes and as the result of their conferences, the undersigned have agreed on the following declarations:
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