Part 14 (2/2)

crept on the sentinels in the dark and from ditches and the beach and inflicted considerable loss and damage. Some desperate characters entered the trenches and fought the soldiers on guard, while others slipped into the barracks and caught soldiers and officers off their guard and threw torches on the roofs of the warehouses.

Jamalul A'lam discouraged all overtures for peace, and for more than two years could not be reconciled to the new conditions and political status. Early in 1877 he encouraged hostilities of all sorts. Juramentados and small attacking parties hara.s.sed the garrison frequently. On the 25th of February a force of more than 2,000 Sulus advanced against the garrison, but were easily repulsed. Small parties surprised pickets and attacked laborers. On the 9th of September about 800 Sulus charged the town from the land side and from the sea and 300 attacked Fort Asturias. They were repulsed in the afternoon, but resumed the attack at night and retreated with great loss. Another general fight occurred on the 11th, but the Moros were again overpowered and driven back. Undaunted by these failures, the Sultan called a council of the datus and planned for another attack in the future. The juramentados became more treacherous and intrepid. They hid their barongs inside their trousers and in bundles they pretended to be taking to the market and attacked the guard unawares and after admission into the plaza. This state of affairs continued until June, 1878.

CESSION OF POSSESSIONS IN BORNEO TO BRITISH NORTH BORNEO COMPANY

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 owners.h.i.+p and dominion over that large territory for a money consideration of $5,000, Mexican currency, per annum. The Sabah Company was preceded in 1865 by an American company started by Mr. Torrey on the Kimanis River. The concessions of the American company were obtained from the Sultan of Bruney; 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 the opposition of Spain, which claimed that the Sultan of Sulu being a Spanish va.s.sal 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 November, 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 t.i.tles 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. George W. Davis, commanding the Department of Mindanao, under date of August 1, 1902:

”To all nations on the face of the earth whom these matters may concern: We, Mahasari Padukka Mawlana as-Sultan Mohammed Jamalul A'lam bin al-Marhum Mahasari Padukka as-Sultan Mohammed Pulalun, Sultan of Sulu and its dependencies, send greeting:

”Whereas, we have seen 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 Mumiang 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, therefore, 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 independent ruler of the above-named territories, with the t.i.tle of Datu Bandahara and Raja 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 s.h.i.+pping 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, n.o.bles, 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 appointed 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 t.i.tle 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. H. 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 September, 1877. This distinguished commander applied himself to his work with unusual enthusiasm and a.s.siduity, 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 Harun ar-Ras.h.i.+d, 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 the exact position which 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 Spanish 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 Government 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 effect, which I confirmed 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.

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