Sultanate of Sulu
Act of Incorporation into the Spanish Monarchy, April 30, 1851
Solemn declaration of incorporation and adhesion to the Sovereignty of Her
Catholic Majesty Isabel II, Constitutional Queen of Spain, and of submission
to the Supreme Government of tlie Nation, made by His High Excellency the
Sultan of Sulu, Mohammed Pulalun, Datus Mohammed Buyuk, Muluk, Daniel
Amil Bahar, Bandahala, Muluk Kahar, Arail Badar, Tumanggung, Juhan, Sana-
jahan, Na'ib, Mamancha and Sharif Mohammed Binsarin, in the name and in
representation of the whole island of Sulu, to Colonel Jos6 Maria de Carlos y
CVDoyle, Politico-Military Governor of the Province of Zamboanga, islands of
Basilan, Pilas, Tonkil, and those adjacent thereto, as Plenipotentiary specially
authorized by His Excellency Antonio de Urbiztondo, Marquis of Solana,. Governor
and Captain-General of the Philippine Islands.
Abticle 1. His Excellency the Sultan of Sulu, for himself, his heirs and descend-
ants, Datus Mohammed Buyuk, Muluk, Daniel Amil Bahar, Bandahala, Muluk
Kahar, Amil Badar, Tumanggung, Juhan, Sanajahan, Na'ib, Mamancha and
Sharif Mohammed Biiiaarin, all of their ovm free will, declare: That, for the
purpose of making amends to the Spanish Nation for the outrage committed
against it on the first of January of this year, they desire and request that the
island of Jolo and all its dependencies be incorporated with the Crown of Spain,
which for several centuries has been their only sovereign and protectress, making
on this day a new solemn declaration of adl^sion and submission and recognizing
Her Catholic Majesty Isabel II, Constitutional Queen of Spain, and those who
may succeed her in this supreme dignity, as their rightful Sovereign Lords and
Protectors, in virtue of the treaties made in old times, of the treaty of 1830
and the additions made thereto by the present governor of Zamboanga in August,
and also and very particularly of the recent conquest of Jolo on the 28th of
February of the present year by Captain-General Antonio I'rbiztondo, Marquis
of Solana and Governor-General of the Philippine Islands.
Abticle 2. The Sultan and Datus solemnly promise to maintain the integrity
of the territory of Sulu and all its dependencies as a part of the Archipelago
belonging to the Spanish Government.
Article 3. The island of Sulu and all its dependencies having l)een incorporated
with the Crown of Spain, and the inhabitants thereof being part of the great
Spanish family which lives in the vast Philippine Archipelago, the Sultan and
Datus shall not be empowered to make or sign treaties, commercial agreements
or alliances of any kind with European powers, companies, persons or corporations,
and Malayan sultans or chiefs, under pain of nullity; they declare all treaties
made with other powers to be null and void if they are prejudicial to the ancient
and indisputable rights held by Spain over the entire Sulu Archipelago as part
of the Philippine Islands, and they ratify, renew and leave in force all documents
containing clauses favorable to the Spanish Government that may have been
drawn up before this date, however old they may be.
Article 4. They renew the solemn promise not to carry on piracy or allow
anybody to carry on piracy within the dominions of Sulu, and to run down those
who follow this infamous calling, declaring themselves enemies of all islands
that are enemies of Spain and allies of all her friends.
Article 5. From this day forth the island of Sulu shall fly the Spanish national
flag in its towns and on its ships, and the Sultan and other constituted author-
ities shall use the Spanish war flag, under the principles in use in other Spanish
possessions, and shall use no other either on land or on sea.
Article G. The island of Sulu and its dependencies having been declared an
integral part of the Philippine Archipelago, which belongs to Spain, commerce
under the Spanish flag in all the ports of the Sultanate shall be free and
unmolested, as it is in all the ports belonging to the Nation.
Article 7. The Sultan and Datus of Sulu, having recognized the sovereignty of
Spain over their territoiy, which sovereignty is now strongly established, not
only by right of conquest but by the clemency of the conqueror, they shall not
erect fortifications of any kind in the territory under their command without
express permission of His Excellency the (Jovemor-General of these Islands; the
purchase and use of all kinds of firearms shall be prohibited except with a
license issued by the same supreme authority, and craft found with arms other
than the edged weapons which have from time immemorial been in use in the
country shall be considered as enemies.
Article 8. The Spanish Government, as an unequivocal proof of the protection
which it grants the Sulus, will give the Sultan and Datus adequate Royal titles
establishing their authority and their rank.
Article 9. The Spanish Government guarantees with all solemnity to the
Sultan and other inhabitants of Sulu the free exercise of their religion, with
which it will not interfere in the slightest way, and it will also respect their
customs.
Article 10. The Spanish Government also guarantees the right of succession to
the present Sultan and his descendants in the order established and as long as
they observe these agreements, and equally guarantees the rank and dignities
of the privileged classes, which shall retain all their rights.
Article 11. Sulu ships and goods shall enjoy in Spanish ports, without any
distinction whatever, the same privileges and advantages granted the natives
of the Philippine Islands.
Article 12. Except in the case of Spanish ships, the duties that constitute the
income with which the Sultan and Datus maintain their respective ranks shall
remain in force, so that they may continue to keep up the proper splendor
and decorum of their station; for this purpose said duties shall be paid by
all ships coming to their ports; other measures will be taken later on to
enhance their dignity and increase their prestige.
Article 13. For the purpose of assuring and strengthening the authority of
the Sultan, and also of promoting a regular trade which may enrich the island
of Sulu, a trading post, garrisoned by Spanish forces, shall be established as soon
as the Government so orders, and in accordance with Article 3 of the Treaty
of 1830; for the building of the trading post the Sultan, Datus, and natives
shall give all the assistance in their power and furnish native labor, which
will be paid for, and all necessary materials, which they will charge at the
regular market prices.
Article 14. The trading post shall l)e established at the place called Daniel's
Kuta, next to the roadstead, as it is the most suitable place; but care shall
be taken not to encroach in any way on the native cemetery, which has to be
religiously respected, and no buildings whatever shall be erected in said cemetery,
so as to avoid the trouble that would ensue to those who might build there.
Article 15. The Sultan of Sulu may issue passports to all persons within his
dominions that may request them, and fix the amount of the fees; he is also
authorized to countersign or place his seal on the passports of Spaniards visiting
his place of residence.
Article 16. In view of the Sultan's declarations regarding the losses suflTered
by him in the destruction by fire of his forts and palace, and convinced of the
reality of the losses, the Spanish Government grants him an annuity of 1,500
pesos in order to indemnify him in a certain way for these losses and at the
same time to help him to maintain, with proper splendor, the decorum due
his person and his rank. The same considerations induce the Spanish Government
to grant Datu Mohammed Buyuk, Muluk and Datu Daniel Amil Bahar 600
pesos per annum each, and 360 pesos to Sharif Mohammed Binsarin on account
of his good services to the Spanish Government.
Article 17. The articles contained in this solemn Act shall go this day into full
effect, subject however to the superior approval of His Excellency the Governor-
General of these Philippine Islands. Any doubt which may arise in regard
to the text of this Act shall be resolved by adhering to the literal meaning of
the Spanish text.
Signed at Jolo on the 19th of April 1851. — Seal of the Sultan.— Seals of
Datus Muluk Kahar; Tumanggung; Sanajahan; Mamancha ; Muluk Bandahala ;
Amil-Badar; Juhan; Na'ib; and signature of Sharif Mohammed Binsarin.—
The Politico-Military Governor of the province of Zamboanga etc.: Jos^ Marfa
de Carlos y O'Doyle.
I, Don Antonio dc Urbiztondo y Egufa, Marquis de la Solana, Knight Grand
Cross of the Royal American Order of Isal)el the Catholic, Knight of the Roynl
Order of San Fernando of the first and third class, and of that of San Herma-
negildo, Lieutenant-General of the National Forces, Governor and Captain-
General of the Philippine Islands, President of the Royal Audiencia of the
Philippine Islands, Judge-Subdelegate of Post Office Revenues, Vice-Royal Patron,
and Director- General of the troops, etc., approve, confirm and ratify this capitula-
tion in the name of Her Majesty Isabel II.
Manila, April 30, 1851. — Antonio de Urbiztondo.
True copy. — Seal of the Captain-General of the Philippines.
Royal order approving the salaries assigned to the Sultan and Datus of Sulu,
December 14, 1851.
The Queen (whom God save), in view of the letter of Your Excellency of
May 3rd last. No. 1236, and of the report of the Secretary of State on the
subject, has been pleased to approve the salaries assigned by Article 16 of the
Capitulation to the Sultan and Datus of Sulu, and amounting to 1,500 pesos for
the Sultan, 600 pesos for each of the Datus Mohammed Buyuk Muluk and
Daniel Amil Bahar, and 360 for Sharif Binsarin.
By Royal order etc.
Madrid, December IJt, 1851.
The Intendant of the Philippines.
TRANSLATION OF THE SULU TEXT OF THE TREATY OF 1851
A statement of firm agreement and union (in friendship) made by the Queen
Spain Isabel II, Constitutional Queen of all Spain, and the honorable officers of
her government, with the Mawlana Sultan Mohammed Pulalun and the Datus
Mohammed Buyuk, Muluk, Amil Bahar, Bandahala, Muluk Kahar, Amil Badar,
Tumanggung, Juhan, Sawja'an, Na'ib, Mamancha, and Tuan Sharif Mohammed
Binsarin.
The King was represented here by Colonel Don Jos^ Marfa de Carlos y 0*Doyle,
Politico-Military Governor of the Province of Zamboanga and islands of Basilan,
Pilas, Tonkil, and others, who was given power and authority by General Don
Antonio de Urbiztondo, Marquis of Solana, (jrovernor and Great Captain of the
Philippine Islands.
Article I. The Mahasari Mawlana Sultan of Sulu and his ministers together
with the datus mentioned above have the great desire to state that they had
good intentions toward the people of Spain, on January 1, of this year. They
also state that the relation of Sulu and its dependencies to Spain has been one
of intimate union from the first until now.
They make anew, to-day, a firm agreement of union in friendship with the
Queen of Spain Isabel II, Constitutional Queen of All Spain, and all her honorable
officers, to reaffirm the previous aprreement of 1836, as also the agreement of last
year made with the governor of Zamboanga, in the month of August, which fully
affirmed the "Kunkista" * of Sulu which was efl'ected on the 28th of February,
this year, by Sefior the excellent Don Antonio l^rbiztondo, Marquis of Solana,
Governor and great Captain of the Philippine Archipelago.
Article II. The Sultan and Datus promise with firm intention and brotherhood
not to revoke their agreement to the occupation of Sulu and its dependencies,
regarding them as dependencies of Spain.
Article III. Sulu and her dependencies alike use the Spanish flag; the people
of Sulu and her dependencies are one with the people of Spain, and ally themselves
to the Philippine Islands.
^ Tbe Spauish word for conquest transliterated. The word can not be understood by
the Sulus.
It shall not be right for the Sultan and the Datus to make treaties with Malay
datus or any nation other than Spain, whether that nation is Spain's ally or
not. Should such treaties be made they would be null. So also they can not
make any contracts with any persons other than Spaniards, nor any agreement
contrary to the previous ones. Such agreements, if made, will not be binding
because Spain is in all the islands of Sulu as she is in her Philippine Islands,
and Sulu has previous friendship treaties with Spain.
Article IV. New promise: Pirates shall not be allowed at all here in Sulu.
Should they commit any crime they shall be punished wherever they may be.
Article V. The subordinate rulers, and all boats, from this day on, shall use
the Spanish flag, but the Sultan and the Datus can use a war flag like the Spanish
officials. They will not use any other flag.
Article VI. The Island of Sulu and all its dependencies large and small, being
the same as the Philippine Islands in that they belong to Spain, all Spanish
officers and all ships flying the Spanish flag may navjgat^ through the Sulu
Archipelago without any objection.
Article VII. It is recognized by the Sultan and the Datus that the King of
Spain is powerful these days and is just and merciful in acquiring "Kunkista,"'
and that it is not right to build forts without informing the Spanish Government
nor to buy arms without having also informed the Spanish Government, nor
to have boats carry any arms except the kris and the spear, for other arms are
signs of enmity.
Article VIII. The Spanish Government, wishing to promote fellowship with
the people of Sulu, gives the sultan and the datus tittilu (titles) to increase their
respefit and honor.
Article IX. The Spanish Government assures the Sultan and all the people
that it will let their religion alone, and that it will not try to change their
religion, nor object to the free exercise of their worship and the customs of
their race.
Article X. The Spanish Government does also promise the people and the
Sultan that it will not break its word. It also promises to recognize the ranks
of the Sultan and the Datus, and also those of subordinate rulers and the people.
Article XI. Sulu boats and goods may go to Spanish countries without any
objection, in the same manner as if they belonged to that country.
Article XII. All ships that come to Sulu, except those of Spain, pay duties
as previously, in order that the Sultan and the Datus may get a share of the
income of their towns, and may adopt measures which will improve and benefit
the town.
Article XIII. If the power of the Sultan is well established and sustained,
he may be able to secure other profits besides this, by helping the Spanish Grovemment, in accordance with Article 3 of the treaty of 1836, providing for the
building of a trading post which would be guarded by Spain. It will be proper
for the Sultan and the Datus to help in the erection of this trading post, and
all labor and lumber shall be paid for according to the custom of the place.
Article XIV. This trading post shall be built near the site, of the fort of
Amil Bahar.* It shall not encroach upon nor cause any injury to the cemetery
of the Mohammedans, but out of due respect to their religion no house shall be
erected there, and in case any be erected it shall be destroyed.
Article XV. The SulUm of Sulu has the right to give passports to all of
his people who request it, sign those which he issues, and countersign Spanish
passports coming to Sulu.
Article XVI. The Spanish CTOvernment, forgiving the previous offenses of
the Sultan, and in consideration of the destruction hy fire of his palace and his
fort, grants the Sultan a yearly sum of ^1,500 as a help and an indemnity for
his losses. The Spanish Government also grants to each of the Datus Mohammed
Buyuk, Muluk, and Amil Bahar, ?=000 a year, and to Tuan Sharif Mohammed
Binsarin f*=360 on account of his good services to Spain.
Abticlk XVII. Tlie articles of this treaty shall take effect to-day. They shall
be shown to the Captain-General of the Philippine Islands lest he would not
agree to them. They are also in Spanish.
This treaty gained its purpose in tliat it checkmated the agreement of
Sir Jamc^ Brooke, hut it certainly did not receive as much consideration
at Jolo and Zamhoanga as it did at Madrid and London. Its effect was
temporary only. As early as 1854 a town on Kapul was burned by the
Spanish forces from Basilan. In 1855 the Sulus made a dash upon
Zamhoanga and burned the best part of the town. The "Light Fleet''
issued from Isabela de Basilan in 1857, surprised Simisa, rescued 76
captives, and took 116 prisoners. The chiefs against whom the expedition
was directed presented themselves later to the governor of Zamhoanga
and exchanged the Moro prisoners for 60 Christian captives, 1 priest,
and 1 European woman. Many pirates continued to scour the remote
parts of the Archipelago. In 1858 Governor-General Norzagaray pub-
lished a proclamation calling the attention of chiefs of provinces and
municipalities to the approach of the season at which the pirates appear,
and invoking their aid to caution the people and to take proper measures
for the defense of their towns. Kewards were also offered for catching or
killing pirates and for seizing their boats wherever found, but this had no
important effect. In 1860 about 400 Moros raided the Straits of San
Bernardino and plundered several settlements.
The year 1861 marks a new era in the history of piracy and a new step
in the organization of government for Mindanao and Basilan. At this
time Spain and the Philippines were passing through a period of progress.
Alive to the truth that commerce and piracy can" not coexist, the govern-
ment provided a competent naval force by which it was able to maintain
unquestionable supremacy in the Sulu Sea. It purchased eighteen steam
vessels in England and used them for chasing Moro pirates and for
blockading the port of Jolo. The operations conducted by these vessels
drove away hordes of pirates from Philippine waters, and, in the course
of a decade, temiinated that long tenn of piracy under which the Islands
had suffered for three centuries.
