Chapter XXVIII: Appendix: XIII

ROYAL DIRECTIONS RELATIVE TO A GENERAL POLICY AND THE REGULATION OF COMMERCE WITH SULU, AND THE ADVISABILITY OF MAKING ZAMBOANGA A FREE PORT, JUNE 23, 1837 [279]

Ministry of the Navy, Commerce, and Colonial Administration

Most Excellent Sir: Your Excellency's predecessor, Don Pedro Antonio Salazar, when he reported in detail, in letters of last December, all that he had done in the treaty of friendship and commerce entered into with the Sultan of Sulu, of the mercantile relations which it behooves us to maintain with the Mohammedan possessions to the south of the Philippines, of the opinion which he had formed concerning the war of enslavement, and other matters upon which your Excellency will receive due instructions under Royal order of this date, forwarded separately and privately, in a very secret manner, a communication dated the 17th of the same month, in which he set forth the policy, which, according to his belief, should be adopted toward the said Kingdom of Sulu in consequence of the said treaty. Her Majesty the Queen Regent, having been informed of all this, and having in mind the remark made in the said communication, that the Spanish possessions in the southern region are frequently oppressed by the alcaldes, on account of the present defective system of administration, has decided to direct your Excellency to suppress, with strong hand, these excesses of the alcaldes, that they may not disturb the peace happily established with Sulu; exhorting them to moderation and peaceableness, in order that the odium which the Moro race feels toward us may vanish. Noting also among his remarks, his conclusion that while the war of enslavement is undoubtedly an evil, it produces nevertheless the advantage that those provinces are united more closely to the Government because of their greater need of the same against their enemies; and that by becoming used to a life of freedom and license, those people become also inured to captivity, from which they could sometimes escape but do not, many preferring to turn to piracy, Her Majesty holds these views erroneous and harmful, since no just and paternal government should promote misfortunes among its subjects in order to make itself more necessary, and thus keep them dependent; and because, though there may be some who are content with slavery in Sulu because it affords them a life of unrestraint, it can not be ignored that their families and the Government suffer a great injury from their situation, nor that morality would be greatly outraged, if, for these reasons, countenance were given to slavery, which should be attacked and exterminated at all costs. The idea is advanced in the same communication, that in the countries of the southern part of the Philippines, the system of protection, carried to the point of establishing trading houses, will be almost equivalent to possession and control, when once commercial interests are held to be the chief interests, and there is set forth a plan to diminish or even cut off the trade [280] with Mindanao, in order to confine the commerce to our channels. Her Majesty, on being informed of this policy of a protectorate, approves of the same, but desires that it be carried out frankly and faithfully with the Sultan of Sulu, in order that he be convinced, through experience, that the Spaniards are his loyal friends, our authorities keeping it in mind that the conquest of those countries is not to the interest of the nation, but rather the acquisition of isolated military and mercantile stations, which may control indirectly without the disadvantages of great expense and of arousing the hatred of the natives. This alliance or friendship with the Sultan should be such, that in whatever war he may be engaged with his rebellious subjects, he shall be aided in good faith, unless his adversary should be of such strength as to insure his triumph, for then the useless defense of the vanquished would subject us to the contempt of the conqueror and we should lose the benefits already acquired. In such cases we should remain neutral, under some plausible pretext of impracticableness or other honorable reason. In other wars, waged by the Sultan with other princes, we should attempt to mediate, with the purpose that, by settling new discords, we may obtain advantages from the two or more belligerents, as rewards for the services rendered them; but in the event of having to oppose some one of them, it should be that one who offers us the least advantages, and has the best chances of triumph, because with our ally victorious, the latter may in the treaty of peace execute articles favorable to our commerce,--trying always, above all things, so to act that the victor shall not become too strong nor the vanquished brought too low. With regard to the policy which it is best to adopt as a general rule in regard to commerce, your Excellency should remember that the best system consists in the greatest possible liberty for our merchandise, and in securing, directly or indirectly, for our own merchandise, or foreign goods carried by the national vessels, the enjoyment of greater privileges than those of any other country, in order that they may be preferred and produce greater profits on the markets.

In the same letter he submits the opinion that the lack of communication of the countries to the south with the Philippines, is a most favorable political measure for Spanish commerce, and recommends that our relations with the Government of Sulu should be strengthened in order to include the same under our dependence at some future time, it being necessary to act with cunning in order to separate it completely from the piratical warfare. Her Majesty commands me to state to you concerning these matters, that the communication of Sulu with the Philippines being purely commercial, should not be restricted, but on the contrary, should be increased in every way possible, encouragement should be given to the establishment of traders and Spanish trading houses in Sulu, where our good conduct and benevolence toward the natives may bring us profit. But it is always to be borne in mind that the Government of Her Majesty does not desire the subjection of other states to itself, but a sincere friendship and a close and useful alliance, and that a just and discreet policy, not crafty nor artful, will accomplish most in withdrawing the Sultan from the interests of the leaders of the pirates.

Your Excellency will note in the draft of the communication from your predecessor, to which I make answer, the proposal of various schemes for establishing ourselves securely in Sulu. Such would be the establishment of a trading house there, already agreed upon in the treaty, and posting there a garrison, under the pretext that it is for the safety and greater state of the person of the Sultan. Her Majesty deems indispensable the establishment of the trading house, but it should be done in such a manner as not to cause distrust, and fortified and protected from any sudden attack, using in this the greatest prudence, and remembering that a garrison there, though it might be acceptable to the Sultan, might wound the self-love of the people of the country, and so render odious both the Sultan and his protectors. The most essential thing for the Spaniards, in order to become firmly established, is to make themselves popular, to respect the customs of the people, even with veneration, not offending any one for any reason, treating all with courtesy and decorum; not showing themselves domineering nor covetous, not insulting any one, but being very respectful to women, the old and children, not scoffing at anything in their public amusements, nor religious affairs, nor in their meetings. It seems to her Majesty that through these means would be secured a consistent friendship between both countries, and that the most adequate plan for the support and defense of the trading house would be to maintain in the safest harbor a permanent maritime force, in which should be stored all arms and munitions, and sufficient soldiers, in case it should be necessary to defend the building, without arousing the suspicions that would be caused by placing these preparations, concealed or openly, in the house itself; and since for this purpose, for the defense of the country against the pirates, and for maintaining the respect of the people and Government of the protectorate, it is indispensable to keep a well organized sea force, her Majesty had determined that you decide the manner of organizing this maritime force, without losing sight of the great economy which it is necessary to observe on account of the embarrassed condition of the Peninsula, which needs now more than ever before the assistance of her colonial provinces.

Finally, the predecessor of your Excellency further stated that he was attempting to extend his efforts to the establishing of the protectorate over the countries subject to the Sultan of Mindanao: her Majesty approves this policy on condition that in its execution the purposes and measures, which are mentioned above for Sulu, be adopted.

Her Majesty, by whose Royal order I communicate to your Excellency the foregoing, trusts in your zeal to realize the importance of this matter, and, regarding the principles of justice and right which direct the resolutions of her Majesty, to direct all your efforts to the accomplishment of the results desired; carefully reporting your progress in the affair, for the information of her Majesty and further action. God preserve your Excellency many years.

Madrid, June 23, 1837.

Mendizabal.--Rubricated.

The Governor Captain-General of the Philippines.

Ministry of the Navy, Commerce, and Colonial Administration

Most Excellent Sir: The predecessor of your Excellency, convinced of the important advantages to be derived by the Philippines, in making more intimate and more secure our few and doubtful relations with the island of Sulu, determined immediately upon assuming command, to negotiate with the Sultan of the said place, a treaty of peace and commerce which he considered, in every respect, not only useful but indispensable to the prosperity of the country. After having announced this project in various of his communications, he reported in December of last year, having accomplished the same, and furnished in several communications, an exact and detailed account of the history of his labors in the affair, the reasons which he had for undertaking the same, the benefits which he expects as results, and the measures whose adoption he deems necessary in order that these results may be more certain, and at the same time profitable. There were received from him seven letters, all marked with the letter "A," numbered from 14 to 23, and dated from the 15th to the 29th of the said month; with so many points of analogy and similarity between them, that they should be considered as one only. The first, number 14, is intended to furnish information and data relative to Sulu, and the other Mohammedan islands of the south (without which it would be impossible to know their importance) and to detail the relations which we should have with them, considering them both in relation to commerce and with respect to the war of enslavement. In the second, of a confidential nature, he outlines the policy, which, in his opinion, should be adopted in order to obtain all the advantages which our position affords. In the third, number 16, he states the measures which should be adopted for the benefit of the national commerce in those countries. In the fourth, number 20, he transmits a copy of the treaty of peace, protection and commerce concluded with the Sultan of Sulu, and of the stipulations made for the determination of the duties which our vessels should pay in Sulu, and the Sulus in Manila and Zamboanga. In the fifth, number 21, he relates the motives which have led him to direct these matters as he has done, transmitting to her Majesty all the plans referring to it, through this Ministry only. In the sixth, number 22, he gives account of some of the advantages which have been derived from our expedition to Sulu, and amongst others, a treaty of peace concluded between the pueblo of Malusu and the Governor of Zamboanga. And finally, in the seventh, number 23, he sets forth the necessity of retaining at that station, the frigate-captain, Don José María Halcon, who performed the duty of commissioner for the negotiation of the treaty.

I have informed her Majesty, the Queen Regent, of the contents of all these communications, and in this knowledge she has seen fit to approve, in a general manner, all the measures adopted by the aforementioned predecessor of your Excellency, giving suitable orders, that the proper Ministry provide the special approval which some of them deserve, on account of their weight and importance, concerning which your Excellency will soon be informed, and deigning to command me to submit in a separate and particular communication the following advice on the special subject of the letters referred to above.

Her Majesty, feeling assured that conquests in themselves, and later their maintenance, absorb the profits which accrue from the countries already acquired, prefers to any conquest advantageous trade and commerce. Convinced, therefore, that the most profitable and lucrative policy is to conquer or secure such places as on account of their fortunate location may prove to be at the same time strong military and mercantile posts and so both promote and protect commerce, she cannot but approve the ideas your Excellency's predecessor expresses in his communication numbered 14, and desires, that upon adopting the system in accordance with those ideas, you confine yourself solely, in all enterprises of conquest, to occupation of territory either abandoned or uninhabited, or to that which, notwithstanding its being settled, would cost little and would not give occasion for a costly war. In order to increase our commercial advantages in Sulu, and to raise up rivals to the Portuguese, it would be well to grant protection and reduction in duties to the Chinese junks [281] under the specific condition that they do not sail under the flag of any other nation (without mentioning the Portuguese by name in order not to occasion the resentment of this power) and to secure in Sulu for those who adopt the Spanish flag, a reduction of duties although not as much as that which should be granted to Spanish vessels. Thus it is the will of her Majesty that you be directed, commanding, with the same purpose in view, that your predecessor state to you explicitly, which are the measures that he would have adopted, had he been authorized to do so, in order to avoid the blow to our commerce threatened by the Portuguese, depriving us with the double expedition from Macao and Singapore to Sulu, of the advantage over all other nations which still remained to us in this traffic; and that your Excellency obstruct, by all the means in your power, the association of interests between the commercial houses of Manila with those of Macao and Singapore, if the same were intended to secure special privileges in the island of Sulu to the products of the Philippines to the injury of the national commerce.

With respect to the matter of the war against piracy, referred to also in letter number 14, her Majesty approves all the purposes expressed therein by the predecessor of your Excellency, and commands me to direct your Excellency that, without ever recurring to war or the interruption of traffic with Sulu as means of destroying or diminishing piracy and traffic in slaves, you exert yourself to suppress the same and remedy the evil which it inflicts on the Philippines, by the various means at hand, to-wit; 1st, through negotiations with the Sultan of Sulu; in which measures suitable for the accomplishment of the purpose may be concerted; 2d, securing the increase, by the Sultan, of import duties on slaves who are Spanish subjects, and the lowering of duties on slaves of other countries; 3d, requesting of him assistance in driving out the pirates from their haunts of Balangingi and other places; 4th, watching the rendezvous of these pirates in the Bisayas also, in order to destroy them. In this manner and with hard lessons, with the energetic and continuous warfare spoken of by the predecessor of your Excellency, the extermination of piracy will be accomplished without the evils which would follow upon an unwise and useless war against Sulu, and without the more serious result to which the same would expose us, and which her Majesty desires your Excellency to avoid at any cost, the result referred to being the removal of the Sultan to some other point, which removal England and Holland might turn to great advantage against our trade.

As to the measures proposed in letter number 16, for the benefit of the national commerce, her Majesty will determine which is fit, notifying your Excellency in due season. Meanwhile you should keep in mind, that as long as the Sulus man their ships with slaves, your Excellency should prohibit them from trading in Zamboanga and all other places within the dominions of her Majesty, whenever the ships which they use shall be manned in whole or in part with slaves who are subjects of Spain.

Concerning the treaty of peace, protection and commerce, a copy of which is inclosed in letter number 20, her Majesty has been pleased to resolve, after careful examination, that it be forwarded with favorable comment to the Ministry of State for the approval of the Cortes and the ratification of her Majesty, all of which will be communicated to your Excellency in due time, its policy being carried out and its intent carefully observed in the meanwhile, for the purpose of determining whether there is anything to amend or correct by means of further negotiation, which would be considered as an appendix to the treaty. In view of the explanations concerning the first article of the aforementioned treaty furnished by the commissioner of the negotiation, her Majesty commands me to repeat to your Excellency the necessity for carrying out the policy which is prescribed to your Excellency with regard to acquisition and conquest; in order to claim those lands referred to in the explanations, if perchance such claim should be advisable for the purpose of acquiring some point of military or mercantile value: or in order to set up the claim of the Kingdom of Spain to those countries, in order that by giving it up, we may secure other things which may be of real importance to us, such as reduction in duties, some exclusive privilege, or the possession of some isolated point of great importance.

The predecessor of your Excellency by addressing to this Ministry all communications bearing on this matter, has merited the approbation of her Majesty, because he has avoided many unnecessary steps and useless delay, and thus your Excellency will continue to do, in the manner herein indicated.

And finally, her Majesty having noted with satisfaction the favorable results produced already by the expedition to Sulu, and approving the idea of not using the fifteen hundred dollars sent by the Bishop of Nueva Segovia for the redemption of slaves, she commands me to direct your Excellency to cultivate the friendship of all the chiefs who, like the Orankaya of Malusu, abandon the pursuit of piracy, and that suitable orders be issued by the Division of the Marine of this Ministry, not only that the captain of frigate, Don José María Halcon, who has so well discharged the duty of negotiating the treaty, be assigned to that station, but that he also be duly rewarded for his services as such commissioner; her Majesty not failing to express the gratitude with which she declares her appreciation to the predecessor of your Excellency, the aforementioned Don Pedro Antonio Salazar. All of which is communicated to your Excellency, by Royal order, for your due information and guidance, instructing you with regard to the confidential letter, that you carry out the directions forwarded you separately under this date. God preserve your Excellency.

Madrid, June 23, 1837.

Mendizabal.--Rubricated.

The Governor Captain-General of the Philippines.