In January, 1878, Sultan Jamalul A'lam ceded the Sulu possessions
in Borneo to the Sabah or British North Borneo Company. He granted
the authorized representative of this company, Baron von Overbeck,
absolute ownership and dominion over that large territory for a money
consideration of $5,000, Mexican currency, per annum. The Sabah
Company was preceded in 18G5 by an American company started by Mr.
Torrey on the Kimanis River. The concessions of the American com-
pany were obtained from the Sultan of Biuney; but this enterprise proved
a financial failure and its rights were bought by the Austrian Baron von
Overbeck and the English merchant Mr. Alfred Dent.
'*In spite of tlie opposition of Spain, which claimed that the Sultan of
Sulu being a Spanish vassal could not dispose of his territory without her
consent, the English company organized by Mr. Dent succeeded in
obtaining a charter of incorporation under Act of Parliament, 1st Novem-
ber, 1881, as the ^British North Borneo Company' with right to acquire
other interests in, over, or affecting the territories or property comprised
in the several grants." Baron von Overbeck and Mr. Dent obtained from
the Sultans of Bruney and Sulu a series of charters conferring on them
sovereign authority in North Borneo under the titles of Maharaja of
Sabah, Raja of Gaya, Raja of Sandakan, and Datu Bandahara. The
territory governed by the British North Borneo Company has a coast line
of over 600 miles and an area of more than 30,000 square miles. The
form and text of the commission granted by Sultan Jamalul A^lam
appointing Baron von Overbeck Datu Bandahara and Raja of Sandakan
is herein quoted as given in the annual report of Gen. (ieorge W. Davis,
commanding the Department of Mindanao, under date of August 1, 1902 :
"7*0 all nations on the face of the earth whom these matters may concern: IV'e,
Maha^ari Padukka Maxclana a^-Sultan Mohammed Jamalul A^lam bin al-
Marhum Mahasari Padukka as-Hultan Mohammed Pulalun, Sultan of Sulu and
its dependencies, send greeting:
''Whereas, we have Keen fit to grant unto our trusty and well-beloved friends,
Gustavus Baron von Overbeck and Alfred Dent, esquire, certain portions of the
dominions owned by us, comprising all the lands on the north and east coast of
the Island of Borneo, from the Pandasan River on the northwest to the Sibuco
River on the east coast, including amongst others the states of Paitan, Sugut,
Bangaya, Labuk, Sandakan, Kina Batangan, and Muniiang and all the lands and territories in Darvel Bay as far as the Sibuco River, together with all the
lands belonging thereto, for certain considerations between us agreed, and,
"Whereas, the said Baron von Overbeck is the chief and only authorized
representative of his company in Borneo:
"Now, iherefare, know ye that we, Mahasari Padukka Mawlana as-Sultan
Mohammed Jamalul A'lam bin al-Marhum Mahasari Padukka as-Sultan Pulalun,
Sultan of Sulu and its dependencies, have nominated and appointed and do
hereby nominate and appoint the said Baron von Overbeck supreme and inde-
pendent ruler of the above-named territories, with the title of Datu Bandahara
and Kaja of Sandakan, with absolute power over life and death of the inhabitants
of the country, with all the absolute rights of property over the soil of the
country vested in us and the right to dispose of the same as well as the rights
over the productions of the country, whether mineral, vegetable, or animal, with
the rights of making laws, coining money, creating an army and navy, levying
customs dues on home and foreign trade, and shipping and other dues and taxes
on the inhabitants as to him may seem good or expedient, together with all
other powers and rights usually exercised by and belonging to sovereign rulers,
and which we hereby delegate to him of our own free and sovereign will.
"And we call upon all foreign nations with whom we have formed friendly
treaties or alliances, and we command all the datus, nobles, governors, chiefs, and
people owing allegiance to us in the said territories to receive and acknowledge
the said Datu Bandahara as the supreme ruler over the said states and to obey
his commands and respect his authority therein as our own. And in case of the
death or retirement from office of the said Datu Bandahara then his duly ap-
pointed successor in the office of supreme ruler and governor-in-chief of the
company's territories in Borneo shall likewise, if appointed thereto by the
company, succeed to the title of Datu Bandahara and Raja of Sandakan, and all
the powers enumerated above be vested in him.
"Done at the palace of the Sultan, at Likup, in the Island of Sulu, on the
nineteenth of Muharam, A. IT. 1295, being the 22nd day of January, A. D. 1878."
TREATY OF JULY, 1878
Col. Carlos Martinez became Governor of Sulu on the 28th of Sep-
tember, 1877. This distinguished commander applied himself to his
work with unusual enthusiasm and assiduity, and by tact and sagacity
succeeded in restoring order and peace, in the form of a treaty signed by
him and by Sultan Jamalul A^lam in July, 1878. Great credit for the
success of the negotiations belongs to Datu Ilarun ar-Rashid, who spared
no effort to convince the Sultan that peace and loyalty to Spain were
preferable to a condition of continued hostility, which meant ruin to
the state of Sulu. The treaty laid stress on the submission of Sulu to
Spanish sovereignty, and the terms of the Sulu text expressed the same
fairly well and without evasion. This being the last treaty entered
into by both states, it may be considered to define the final relation that
existed between them and tlie exact position wbich Sulu occupied in the
Philippine Archipelago during the last period of the Spanish regime.
The best account of this relation is given in the words of the treaty itself,
careful translations of which have been prepared from both the Spanisli
and Sulu texts and are herein added for full information.
Translation of the Spanish Copy of the Treaty
DECREE
Office of the Governor-General of the Philippines,
Manila, August 19, 1878.
The Supreme Grovernment having approved the bases of pacification and
capitulation which are submitted through me to his Majesty, the King, by the
Sultan of Sulu and the Datus of Sulu, and the act to that eflFect, which I con-
firmed and ratified on the 15th instant, having been drafted and signed by the
commission appointed for that purpose by me in representation of my authority,
and the Sultan and Datus, in representation of the sultanate of Sulu, I hereby
direct that a copy of said act be published in the Official Gazette of Manila, in
order that said bases be officially and publicly known.
MORIONES.
[Copy referred to.]
An Act drafted on the hoses of pacification and capitulation presented by the
Sultan of Sulu and the Datus to His Majesty the King Alfonso XII, through
His Excellency the Oovernor-Qeneral of the Philippine Islands, acknowledging
the sovereignty of Spain over the territory of this sultanate.
In the town of Likup, Sulu, and in the palace of His Excellency the Sultan of
this Archipelago, on the 20th of July 1878, 23rd day of the month Rajab,
year of the Hegira 1295:
Present: Carlos Martinez y Romero, Colonel of Infantry and Politico-Military
Governor of Jolo, Francisco Fernandez de Alarcon y Garcia, Colonel of Marine
Corps, Frigate Captain and Commander of the Naval Station of Jolo, and inter-
preters, Alejo Alvarez y Villasis and Pedro Ortuoste y Garcia, these constitut-
ing a commission representing His Excellency, the Governor-General of the
Philippines :
Also present: Padukka Mahasari Mawlana, Sultan Mohammed Jamalul A4am
and the Datus Padukka Raja Muda, Mohammed Badarud Din, the Padukka
Mohammed Zaynul 'Abidin Raja Lawut, the Padukka Datu Mohammed Harun
ar-Rashid and the Datu Padukka Muluk Bandarasa, in the name and representa-
tion of the Sultanate of Sulu;
The object of the meeting was to read and sign the articles of pacification and
capitulation presented by the Sultan and Datus to the Governor-General on
February 24th, of this year, and approved by His Majesty Alfonso XII, on May
3rd last; the reading of the articles being proceeded with as follows: Bases of
pacification and capitulation presented by the Sultan iind Datus of Sulu, to his
Majesty the King of Spain Don Alfonso XII, through His Excellency the Grov-
ernor-General of the Philippines, acknowledging the sovereignty of the King
of Spain over the territory of the said sultanate.
Article 1. We declare that the sovereignty to Spain over all the Archipelago
of Sulu and its dependencies is indisputable, and as a natural consequence of
this declaration we constitute ourselves loyal subjects of His Majesty King
Alfonso XII, and of his successors to the power.
Article 2. The Spanish Government shall give the Sultan a yearly salary of
2,400 pesos, 700 to the heir of the sultanate Datu Badarud-Din and 600 to each
of the Datus Padukka Raja I^awut Zaynul *Abidin, Padukka Datu Harun ar-
Rashid, Padukka Datu Muluk Bandarasa Pula, members of the Sultan's Council,
to compensate them in some way for the losses they have suffered.
Article 3. Spain has the right to occupy such points in the Sulu Archipelago
and it8 dependencies as may seem necessary to the Spanish authorities, respecting
towns, families and property; in case of forcible appropriation for the public
good, compensation shall be paid according to appraisement; we beg that ex-
ception be made for the land extending from Sinungan Point to the south coast
of Kadungdung, which we would use for our residences; it could be occupied
by the Government in case of war with a foreign power.
Article 4. The Sultan shall be empowered to collect duties from foreign mer-
chants and ships trading with places not occupied by the Government.
Abticle 5. The Sultan shall be allowed to communicate directly with the Gov-
ernor-General whenever he has a complaint to make against the Governor, or the
commander of war ships.
Article G. The Sultan shall be authorized to issue licenses to carry muzzle-
loading firearms when requested by Sulus, after presenting two honorably known
witnesses who will guarantee their proper use both on land and sea.
Article 7. The Sultan shall be allowed to issue passports to Sulu craft; but
when any of said craft has to leave the Sulu Archipelago, the owners will first have
to go l)efore the Governor; the principal datus and some other persons serving
under commissions from the Sultan are to be excepted from this formality; but
the Sultan shall report all such cases to the (iovernor.
Article 8. We will use all our efforts to cause pirates and malefactors to desist
from their evil inclinations; and, if we can not prevent them, we will inform
the Governor of Jolo for him to take the necessary measures, whenever we know
the whereabouts of said pirates and malefactors; but we will not be held respon-
sible if we have no information concerning them ; we furthermore agree to render
all assistance in our power in running down such pirates and malefactors.
Article 9. We shall be allowed the free exercise of our religion and customs.
Catholic missionaries will have liberty to visit and reside in any place in Sulu,
and its dependencies, and will give us notice before going, so that m case of
danger we may furnish an escort; failure to give us notice will relieve us from
all responsibility for any mishap that may befall them. The same caution
applies to any European or Christian Indian native who may wish to visit the
interior.
Article 10. We pledge ourselves to deliver to the Spaniards all Christian delin-
quents and criminals, and all Moros in the same case shall be returned to us.
Article 11. Sulu and its dependencies shall raise the Spanish flag on vessels
and in towns; however, if a boat does not fly said flag it shall not be held at fault
if it has a passport; at the place of the Sultan's residence he shall fly the Spanish
war flag.
Article 12. All the articles of the foregoing capitulation shall be observed
without alteration, except by mutual agreement.
Both commissions unanimously agreeing to the foregoing articles as read, said
articles being identical with those whose copies were in the hands of the Grovemor
and of the Sultan of Sulu, the latter and the persons with them signed this
document on the spot, place, day, month and year aforesaid.
The Sultan of Sulu, — Hin rubric and stamp, — -the Governor of Sulu, Carlos
Martinez, — Mohammed Harun ar-Rashid, — the Commander of the Naval Station,
Francisco Fernandez de Alarcon y Garcia, — Mohammed Zaynul 'Abidin, — Mo-
hammed Hadarud Din, — Mohammed Pula, — interpreters, Alejo Alvarez, Pedro
Ortuoste.
T, Don Domingo Moriones y Murillo, Lieu tenant-General of the National Army,
Marquis de Oroquieta, Knight (irand Cross of the Royal and Military Order of
San llermenegildo, of the Royal and Distinguished Order of Carlos III, of that
of Military' Merit, Red and White, and many others for feats of arras, (Jovemor
and Captain-General of the Philippine Islands, etc., etc., in the name of His
Majesty the King of Spain, Alfonso XII, whom God keep, do confirm and ratify
the above act of padfication and capitulation, in all its parts.
Manila, August 15, 1878. — Domingo Moriones. — True copy. — Tomas Aguirre
de Mena.
Translation of the Sulu Text of the Treaty of 1878
This document is intended to confirm the treaty which was agreed upon by
Padukka Mahasari Mawlana Sultan Mohammed Jamalul A*lam and all the datus
and chiefs of Sulu. These statements which we make shall be sent to His
Majesty, the King of Spain, Don Alfonso XII, through His Excellency the Gov-
ernor-General of the Philippines. All the country that the Sultan rules shall
obey the orders of the King of Spain.
This in Likup, in the palace of Padukka Mahasari Mawlana Sultan Mohammed
Jamalul A*lam, on Monday the 22nd of July, 1878 A. D., or the 23rd of Rajab,
1295 A. H.
There met the Politico-Military Governor of Sulu, Seilor Don Carlos Martinez
y Romero, Colonel of Infantry; and the Commander of the Naval Station of
Sulu, Colonel of Marine Infantry and Frigate Captain, vSeilor Don Francisco
Fernandez de Alarcon y Garcia and Sefior Captain Alejo Alvarez, and Senor
Don Pedro Ortuoste y GarcTa, the representatives of His Excellency the Governor-
General of the Philippines.
Also present: Padukka Mahasari Mawlana Sultan Mohammed Jamalul A*lam
of Sulu, and Padukka Datu Mohammed Badarud Din, and Padukka Datu Raja
Lawut Mohammed Zaynul 'Abidin, and Padukka Datu Muluk Bandarasa Moham-
med Pula, and Padukka Datu Mohammed Harun ar-Rashid who are properly
obeyed by all their subjects.
The object of the meeting was to read, confirm, and sign the agreement
presented by Padukka Mahasari Mawlana Sultan Mohammed Jamalul A*lam and
all the datus, to His Excellency the Grovernor-General, on the 22nd day of Safar,
1295 A. H., or the 24th of February, 1878 A. D., which was approved by His
Majesty the King of Spain, Alfonso XII, on the 3rd day of May, of this year, or
the 2nd of Jama<lil-Awal.
The following is the copy of the statements that were read:
This is the treaty of Spain with the Sultan and Datus of Sulu which was
sent to His Majesty the King of Spain, Don Alfonso XII, through His Excellency
the Governor-General of the Philippines.
Article I. All the people of Sulu and its Archipelago shall obey only the
King of Spain, Alfonso XU, or whosoever shall succeed him. This being our
wish, we will not change or turn away to any other nation.
Article 11. The Spanish Government shall pay the Sultan an annual salary
of 2,400 pesos, Mexican currency, and Padukka Datu Raja Muda Mohammed
Badarud Din 700 pesos. It shall also pay 600 pesos to each of the three following
datus, namely: Padukka Datu Raja Lawut Mohammed Zaynul *Abidin, Padukka
Datu Muluk Bandarasa Mohammed Pula, and Padukka Datu Mohammed Harun
ar-Rashid; this is to compensate them for the losses they suffered.
Article III. The Spanish Government may occupy any place it chooses along
the northern coast of the island, from Sinungan to Bwal and as far as Kadung-
dung, but the southern coast of the island from Kadungdung to Sinungan shall
be left for the Sultan; on condition, however, that it may be oceupietl by the
Spanish Government in case of trouble with foreigners, at any future time. In
case the plantations or fields of the people are appropriated for such occupation,
they shall be compensated for. Houses, however, shall not be removed.
Abticle IV. The Sultan shall have tne right to collect duties from all foreign
merchants and ships of whatever nationality they may be, in caae they come to
our ports; but we have no right to collect duties from them when they come to
ports occupied by the Spanish Government.
Abticle Y. In case of disagreement between us and the governor of Sulu, or
the commanders of war-ships, the Sultan shall have the right to conununicate
with the Captain-General direct.
Article VI. All the people of Sulu can, if they choose, use muzzle-loading
rifles and lantaka} They will, however, be required to present a certificate from
two or three free people, of good reputation, to the effect that they (who use
the firearms) are good and well-behaving people and that they do not use such
arms for mirfchief. Under such conditions the Sultan may give a license.
Article VII. The Sultan has the right to give passports to Sulus wishing
to travel for conunercial purposes to whatever place they may go, on condition
that they pass by Jolo to inform the Spanish governor of their destination. In
case those of noble birth or the datus do not stop at Jolo, the Sultan himself
shall inform the Governor, for they, as a rule, have the former*s consent to
travel.
Article VIII. We will try to suppress all pirates; but in case we are unable
to do so we will notify the Governor of their location. But in case we do not
know where they are, we can not be held responsible for such information. We
will also aid the (Jovernment with as many men as we can afford to bring
together, and we shall be pleased to give guides who can tell the hiding places of
such pirates.
Article IX. Our customs and usages, including our religion, shall not be
changed. If there is any priest who desires to travel around in this coimtry,
he ought to inform the Sultan, so that he may send a companion with him;
but in case he fails to ask permission and travels around without obeying this
rule and is killed, the Sultan can not be held responsible for such results. The
same condition shall govern in the case of all Spaniards and soldiers or any
one else who may desire to live outside of the places agreed upon.
Article X. We guarantee to deliver all Christians who run away on account
of crime; so also must the Spaniards treat us Mohammedans in case our servants
and people run away to them. It would not be right for the Spaniards to hold
or protect them.
Article XI. The Suliis and all the Sultan's subjects have the right to trade
in small or large boats whether they use flags or not; this on condition that
they have passes; but in case they like to use a flag they must use the Spanish
flag. The Sultan shall not use a flag of his own, but that of the King of
Spain. All other datus and chiefs of the islands, whenever they use any flag,
must use the Spanish commercial flag.
Article XII. The Spaniards and the Sultan shall fully observe the articles
of this agreement which has to be ratified by the Spanish Government. We
sincerely beg that, whenever there is any disagreement between us and the
Spanish Governor concerning some crime, careful and proper investigation be
made, without any undue haste to fight. We have full trust and confidence in
the Spanish Government and expect that the Spanish Government will have
similar trust in us.
Article XIII. It shall not be right to alter the articles of this agreement
without the mutual consent of both parties.
Both parties having understood all the articles of this treaty do hereby
confirm it all and certify to it. Said articles being identical with those which
were presented by Padukka Mahasari ^Mawlana Sultan Mohammed Jamalul
AUam, signed by us in the palace in Likup, on the day mentioned above in this •
document.
I, Don Domingo Moriones y Murillo, Lieutenant-General of the National
Army, Marquis de Oroquieta, Knight Grand Cross of the Royal and Military
Order of San Hermenegildo, of the Royal and Distinguished Order of Carlos III,
of that of Military Merit, Red and White, and many others for feats of arms,
Governor and Captain-General of the Philippine Islands, etc., etc., in the name
of His Majesty the King of Spain, Alfonso XII, whom God keep, do confirm
and ratify the above act of pacification and capitulation, in all its parts.
Manila, August 15, 1878 A. D.
(18, ShaT)an, 1295 A. H.)
The status of Sulu as defined by this treaty resembled that of a
pix)tectorate rather than a dependency. The internal administration of
Sulu, its customs, laws, and religion were fully respected and were not
subject to Spanish jurisdiction, confirmation, approval, or interference
of any sort, except in matters pertaining to regulations for the use of
firearms.
The foreign political relations of Sulu were made subject to the full
control of the Philippine Government. This control (or sovereign
right) was the chief motive for the war and was declared by the treaty
indisputable. On the strength of this both England and Germany, in
1885, concluded a treaty with Spain recognizing her full sovereignty
over the whole Sulu Archipelago, including Balabak and Kagayan Sulu.
In that same treaty Spain relinquished all claims to that part of north-
eastern Borneo formerly ruled by the Sultans of Sulu; this being the
territory administered by the British North Borneo Company. The
commercial relations of Sulu with foreign countries were not submitted
to Spanish supervision or control outside of the territory occupied by
the garrisons, and the sultan was empowered to collect duties from
foreign merchants and ships trading with Maymbung, Siasi, and other
places not occupied by the Philippine Government.
The treaty on the whole secured for Spain the fiiiits of her conquest
and established a stable condition of peace and safety throughout the
whole Archipelago and in the neighboring southern seas. Foreign in-
terference ceased, commerce revived, and trading routes were resumed
without danger or risk.
Governor Martinez had a brillant term of service marked by important
results and excellent public improvements. He began the titanic labor
of filling the swamps and brought the town of Jolo to its present level.
He laid out its streets, plazas, parks, and trees, finished the tower of the
Queen (blockhouse No. 2), and constructed the blockhouse of the ylayo
at Tulay, the military hospital, the light-house and various bridges. A
great part of this work was done by prison labor, 400 prisoners having
been transferred from Manila to Jolo for this purpose. His administra-
tion marked the beginning of a period of prosperity to the colony and
teinporarv peace with the Sulus. He reestablished friendly relations with
the sultan and datus and liad success in many undertakings. Early in
1880 he fell sick and to the regret of all parties left Jolo for Manila.
Governor Martinez was relieved by Col. Rafael Gonzalez de Rivera,
the fourth governor of Sulu, on February 3, 1880. Rivera followed in
the steps of Martinez, but circumstances changed as the sultan's health
declined, and the sultana's political intrigues divided the state into two
hostile parties. On March 30 the scouts at the tower of the Queen were
attacked by a band of Sulus, who killed 2 privates, and wounded 1 ser-
geant and 6 privates. However, the Sulus were repulsed, losing 12 men
dead. The sultan, when called upon to punish the transgressors, re-
sponded promptly, went to Lu'uk and chastised them severely. In De-
cember of the same year Datu Pula reported some juramentados in the
suburbs, two of whom were encountered by the troops; one was killed
and the other fled.
After the treaty of 1878, Jamalul A*lam established his official residence
at Maymbung and acted in a dignified and creditable manner. He ob-
sened the terms of the treaty faithfully until his death. He was intel-
ligent, vigorous, and willing to learn. He received Spanish and native
visitors with befitting courtesy and was well respected and endeared him-
self to everybody who knew him. Following the example of his father,
he published a code of laws which is said to have been milder than that
of his predecessors. It is no doubt a modification or a reproduction of
the code used by Pulalun and Jamalul Kiram I. It was in current use
in the country at the time of the Spanish evacuation in 1899.
Jamalul A'lam lived an honorable life and kept one wife only for
the greater part of the time. He repudiated the mother of his eldest
son, Badarud Din, and loved tenderly Pangian Inchi Jamila, the mother
of his second, Amirul Kiram. Inchi Jamila was not very beautiful, but
she was attractive, intelligent, active, and comparatively young. She
associated with her husband in the administration of affairs and wielded
considerable influence on the chiefs and council of state. She was very
generous and entertaining, and won the respect of the majority of the
datus. Wishing to secure the sultanate for her son, Amirul Kiram, she
attempted to alienate Badarud Din from his father and used her influence
on the council to that end. Intrigues followed and the state divided into
two factions, partisans of Amirul Kiram and Pangian Inchi Jamila and
partisans of Badarud Din, the rightful heir. Jamalul AH am managed af-
fairs with a strong hand and kept all parties united, but early in 1881
his health began to decline rapidly and his favorite wife meddled all the
more with the affairs of the state. The knowledge of her schemes soon
spread, and as it became known that Jamalul A*lam was actually failing,
disorder arose and a condition bordering on anarchy })revailed. On the
22d of Febi-uary armed Sulus attempteil to force the gates of Jolo, but
they were repulsed and most of them were killed. The sultan grew worse
and disturbances increased. The front of the plaza of Jolo became an
arena of war, several attacks were made on the town, and conditions be-
came so bad that Rivera requested reenforcements from the Governor-
General and permission to take the field against the hostile parties. The
request was forwarded through the governor of Mindanao, who indoi*sed
the communication, recommending that he be empowered to decide
whether reenforcements were needed or not, and in case they were needed,
to lead the troops himself. This being granteil, the governor of Mindanao
came to Jolo, reported unfavorably, and returned to Zamboanga.
