Much more might be said in regard to this important question, as unexpectedly presented as it is urgent of resolution, given the conditions created by the claim of the British subject Mr. H. W. Dalton; and this General Government appreciates fully the deficiency of its suggestions, which will be advantageously supplemented by the great wisdom of his Majesty’s Government, its exalted patriotism, and the solicitous care that it gives to everything touching the high interests of the nation, by which elevated sentiments they are inspired.
Appendix XXIII
Royal directions relative to the treatment of foreigners engaged in pearl fishing in the Sulu waters, March 23, 1896[77]
Colonial Office
Excellent Sir: Examined by this office of the government the papers transmitted by your Excellency with the official communication No. 1967, of September 16th last, in the question raised by the politico-military governor of Sulu, by reason of a communication addressed to the same by the office of the commander-general of the naval station at Manila, directing the prohibition of the mother-of-pearl fishery in the waters of Sulu and the Carolines; studied also the report of the General Government, and that of the council of administration of the Philippines, and heard also the illustrious opinion of the Department of State, to secure which the papers were sent there, accompanied by the Royal order of the 7th of January last; bearing in mind that our prestige among the natives in those islands would perforce suffer seriously if foreigners were to perform, without any intervention on the part of our authorities, acts, which, like that of engaging in the mother-of-pearl shell fishery, they cannot carry on without paying tribute to the Moro Sultans and chieftains; though it is not less true that the absolute prohibition of the right of fishery to foreigners would arouse, as wisely foreseen by your Excellency, diplomatic remonstrances based upon the Protocol of Sulu of March 7th, 1886; his Majesty the King (whom God protect), the Queen Regent of the Kingdom acting in his name, has seen fit to direct that your Excellency be informed that he has seen with pleasure the tact and prudence with which this question has been dealt with, in the first place by your Excellency, and afterwards by all the authorities who have intervened in the same; that so long as the representative of the English Pearling and Trading Company, the captains of their boats, or other foreigners, do not urge with importunity the right to carry on the industry of the mother-of-pearl shell fishery within the zone of jurisdictional waters and at occupied places, an endeavor must be made to prevent their doing so, in order, if possible, to set a precedent favorable to our interests; and that in the event of their insisting, it will be necessary to permit them to engage in the industry of the mother-of-pearl fishery, with the obligation to submit in so doing to the rules and regulations now in force or which may be put into force hereafter. It is also the wish of his Majesty that your Excellency be apprised of the expediency of formulating, with the greatest possible despatch, coast police and fishery regulations for the archipelagoes of Sulu and the Carolines; in which regulations care must be taken not to make special mention of the Protocols, nor to recognize expressly the rights of foreigners, and, on the other hand, not to depart from the terms of the provisions of these international agreements, so that in the event of any foreigners claiming the right in question, they shall not be able to elude compliance with the regulations by basing their pretensions on the terms of the said Protocols; for all of which your Excellency will place yourself in harmony with the competent authorities whose duty it is to take cognizance of this matter, submitting afterwards for the approbation of this office drafts of the coast police and fishery regulations above referred to.
By Royal order I communicate the above to you for proper action.
God protect your Excellency many years.
Madrid, March 23rd, 1896.
Tomas Castellano: rubricated.