“The problem is that the Sulu Sultanate stole parts of North Borneo from Brunei. The Brunei silsillah (historical records) clearly state that the Suluks never actually supported the Sultan Muihaddin in the Brunei Civil War. They offered support to both sides, got a promise of territory (the land of the Kadaszan, Bajau and other Sabahans in revolt that supported Sultan Mumin) IF they assisted. But they sat on their hands…broke their promises to BOTH sides. At the time Sulu was actually a vassal to Brunei.
They never were able to fully capture the lands they claimed, mainly making slave raids, taking hostages and blockading the river mouths. Some of the Muruts and other tribes did offer tribute. The Suluks drove out the in-laws of the Brunei Sultan from Sandakan.
The Sulu even once granted Sabah to the British Captain Dalrymple who rescued the Sultan and his family from Spanish imprisonment in Manila, only to treacherously attack the trading village once it was established, looting it of the trading goods and property and kill and enslave all but four Englishmen who escaped in a small boat to Brunei.
The Spanish records, English captains logs and the Mindanao tarsillah records from the 1700’s all support the position of the Brunei Sultanate…that the Suluks took the land by stealth and war…not as a gift.
It (parts of Sabah) certainly was never the Sulu Sultanates homeland. They had no permanent settlements there, the Sultan had no palace, there were no roads or ports, schools, mosques, or any other effort to develop the land or the people. They TOOK – slaves, pearls (dove for by slaves), birds nests (from caves forcibly taken from local people)”
“The rightful owner was Britain. The Agreement of 1878 fully allowed the North Borneo Company to transfer the Deed to any British subject (and with Britain’s permission another nation). Thus the UK could (and did) accept protectorate role ( even though initially it did not intend to)…and had the right to transfer that Deed/Sovereign powers to Malaysia.
The term of the Agreement was “in perpetuity”. The “pajak” only related to the annual payment. The Spanish and the US also acquired sovereign and territorial possession of the Sulu ARCHIPELAGO by a similar annual payment. In fact the Carpenter Agreement of 1915 was based precisely upon the fact that since the Sultan had sold his powers and territories to the North Borneo Company he could do so to the Americans.
In all treaties and documents Spain and the United States always specified that their sovereign control related ONLY to the SULU ARCHIPELAGO.
In fact a transfer BACK to Sulu would not have been allowed without the permission of the UK, as Sultan was not a British Subject…and a transfer to Spain, America or the Philippines was also not possible without British concurrence.
There is nothing in the 1878 Agreement stipulating the agreement of the Sultan of Sulu was necessary for a transfer of Deed. The terms “heirs and assignees” was used, and the Borneo Company was expressly given the authority to determine who would follow Overbeck and Dent as “Supreme Ruler”. The complete control over the population, land, and products of North Borneo was enumerated on the “Commission of Powers” signed by the Sultan on the same deed of the Deed of Transfer in January, 1878.
The Heirs of the Sultan acknowledged that Britain was the sovereign power when they filed suit before the British Justice Makaskie in Kota Kinabalu in 1937. Judge Makaskie ruled that the Agreement was a de facto “sale” but that the heirs still were entitled to a share of the annual payment. An Administrator from the Kiram family was established to determine legitimate heirs and proportions.”
“Yet there are still old men, political hacks and angry young men (the Sulu militants) wanting to draw blood and become “heroes” that perpetuate this nonsense. Civilians end up caught in the crossfire, their hard earned property destroyed in shootouts, and their wives, sons, daughters, husbands killed in bombings -from terrorists or fighter jets.”
– Jerry Drawhorn (GMA News).
DM: the above comments were made by one Jerry Drawhorn, published in GMA News.