Chapter XXXV: Appendix: XX

THE PROTOCOL OF SULU OF 1885, BETWEEN SPAIN, GERMANY, AND GREAT BRITAIN, MARCH 7, 1885 [297]

General Government of the Philippines

Royal Order

Foreign Office.--No. 312.--Excellent Sir: The Secretary of State sends me the following communication on March 29th, 1885:--Excellent Sir: I have the honor to forward you a translated copy of the protocol between Spain, Germany and Great Britain, the latter two nations recognizing the sovereignty of the first over the archipelago of Sulu, signed in Madrid on the 7th of March, 1885.--I send you this communication by Royal order, and enclose a copy of the treaty referred to. God keep your Excellency many years.--Madrid, April 8, 1885.--Tejada.

Manila, June 17, 1885.--To be executed and published in the Official Gazette.

Terrero.

A seal which says: Office of the Minister of State.--Translation.--The undersigned, his Excellency Señor José Elduayen, Marquis of Pazo de la Merced, Minister of State of his Majesty the King of Spain; His Excellency Señor Count Solms Sonnerwalds, Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany, and His Excellency Sir Robert B. D. Morier, Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty, authorized in due form to carry on the negotiations followed in London and Berlin during the years 1881 and 1882 by the representatives of his Majesty the King of Spain with the Governments of Great Britain and Germany, for the purpose of obtaining from these two powers the solemn recognition of the sovereignty of Spain over the archipelago of Sulu, have agreed on the following articles:

I

The Governments of Germany and Great Britain recognize the sovereignty of Spain over the parts which are effectively occupied as well as over those which are not yet occupied, of the archipelago of Sulu, whose limits are established in Article II.

II

As expressed in Article I of the treaty signed on September 23, 1836, between the Spanish Government and the Sultan of Sulu, the archipelago of Sulu includes all the islands between the western extremity of the island of Mindanao on one side and the mainland of Borneo and the island of Palawan on the other, except those mentioned in Article III. It is understood that the islands of Balabak and Kagayan Sulu belong to the archipelago.

III

The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the mainland of Borneo which belong or may have belonged to the Sultan of Sulu, including the neighboring islands of Balambangan, Banguey, Malawati, and all those comprised within a zone of three maritime leagues from the coast, and which are part of the territories administered by the company known as "The British North Borneo Company."

IV

The Spanish Government pledges itself to carry out in the archipelago of Sulu the stipulations contained in Articles I, II, and III of the protocol signed in Madrid on March 11, 1877, viz.: (1) Commerce and direct trading by ships and subjects of Great Britain, Germany and the other powers are declared to be and shall be absolutely free with the archipelago of Sulu and in all parts thereof, as well as the right of fishery, without prejudice to the rights recognized to Spain by the present Protocol, in conformity with the following declarations: (2) The Spanish authorities shall no longer require ships and subjects of Great Britain, Germany and the other powers, going freely to the archipelago of Sulu, or from one point to another point in the world, to touch, before or after, at any specified place in the archipelago or elsewhere, to pay any duties whatsoever, or to get a permit from said authorities, who, on their side, shall refrain from obstructing or interfering in any way with the above mentioned trade.

It is understood that the Spanish authorities shall in no way and under no pretense prevent the free importation and exportation of all sorts of goods, without exception, save at such places as are occupied, and in accordance with Declaration 3, and that in all places not occupied effectively by Spain, neither the ships and subjects above mentioned nor their goods shall be subject to any tax, duty or payment whatsoever, or any sanitary or other regulation. (3) In the places occupied by Spain in the archipelago of Sulu, the Spanish Government shall be empowered to establish taxes and sanitary and other regulations, while said places are effectively occupied; but Spain pledges herself, on her part, to provide in such places the offices and employees necessary to meet the requirements of commerce and the application of said regulations. It is however expressly understood that the Spanish Government, which is resolved to impose no restrictive regulations in the places occupied by it, pledges itself voluntarily not to establish in said places taxes or duties exceeding those provided in the Spanish tariffs or in the treaties or conventions between Spain and any other power. Neither shall it put into force in said places exceptional regulations applicable to the commerce and subjects of Great Britain, Germany and the other powers. In case Spain should occupy effectively other places in the archipelago of Sulu, and provide thereat the offices and employees necessary to meet the requirements of commerce, the Governments of Great Britain and Germany shall not object to the application of the rules already stipulated for places occupied at present. But in order to avoid the possibility of new claims due to the uncertainty of business men in regard to the places which are occupied and subject to regulations and tariffs, the Spanish Government shall, whenever a place is occupied in the Sulu archipelago, communicate the fact to the Governments of Great Britain and Germany, and inform commerce at large by means of a notification which shall be published in the Official Gazettes of Madrid and Manila. In regard to the tariffs and regulations stipulated for places which are occupied at the present time, they shall only be applicable to the places which may be subsequently occupied by Spain six months after the date of publication in the Official Gazette of Madrid.

It remains agreed that no ship or subject of Great Britain, Germany and the other powers shall be required to call at one of the occupied places, when going to or coming from a place not occupied by Spain, and that they shall not be liable to suffer prejudice on that account or on account of any class of merchandise addressed to an unoccupied place in the archipelago.

V

The Government of her Britannic Majesty pledges itself to see that there is entire freedom of commerce and navigation, without distinction of flags, in the territory of North Borneo administered by the "British North Borneo Company."

If the Governments of Great Britain and Germany do not refuse their adhesion to the present protocol within fifteen days from this date, or if they notify their acceptance before the expiration of said period, through their undersigned representatives, the present declarations shall then come into force. Done at Madrid the 7th of March, 1885.--Seal.--(Signed) J. Elduayen.--Seal.--(Signed) C. Solms.--Seal.--(Signed) R. B. D. Morier.