A film from The North Borneo Papers

Before the Company

Before the Charter. There was the Sultan of Sulu.

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Film transcript

Before the Company

Before the Company. Before the Charter. There was the Sultan of Sulu.

Many peoples, one allegiance

The Sultanate of Sulu was not a kingdom of fences and fixed borders. It was a realm of water and allegiance.

Tausug, Sama, Yakan and others spoke different languages and lived different lives. Islam, trade and loyalty bound them to the Sultan at Jolo, to his datus, and to the council of nobles called the Ruma Bichara.

At its height, that allegiance reached from the Sulu islands to Basilan and southern Palawan, and across the sea to the northeast coast of Borneo.

For three centuries, Spain tried to break it. Jolo was attacked, burned and occupied. The Sultanate endured.

The Sultan’s coast

Sulu tradition holds that northeast Borneo came to the Sultanate around 1704, a reward from Brunei for Sulu’s help in a civil war. Brunei’s chroniclers dispute it. But long before the British Company arrived, Sulu’s title was on the record. In 1774, the British hydrographer Alexander Dalrymple dated the grant to 1704.

Along that coast, at Marudu Bay, at Sandakan, on the Kinabatangan, Tausug datus tied to Jolo by kinship and allegiance controlled the trade. Birds’ nests, pearls, camphor and sea cucumber moved through Sulu hands to Chinese junks. Historian James Warren maps this world in The Sulu Zone.

Europe comes to the Sultan

When Britain first wanted northern Borneo, it went to Jolo.

In 1761, Dalrymple signed a treaty with the Sultan of Sulu for the East India Company, ratified by Sulu’s nobles. In 1762, the Sultan granted the Company the island of Balambangan. By the end of 1763, the grant included northern Borneo itself. That is recorded by William Treacher, the first Governor of British North Borneo.

Spain protested. Its argument was that it held authority over Sulu, and through Sulu, over the Sultan’s dependencies in Borneo.

Britain and Spain disagreed about almost everything in these waters. Yet both treated northern Borneo as territory within the Sultan of Sulu’s domain.

The Sultan’s grant

A century later, the British came back. Again, they came to the Sultan.

On 22 January 1878, Sultan Jamalul Alam granted Alfred Dent and Baron von Overbeck rights over the coast from the Pandassan River to the Sibuku.

Then the Sultan acted as a sovereign. He appointed Overbeck to office as Datu Bendahara and Rajah of Sandakan, with power to make laws, levy taxes and raise armed forces. Every one of those powers was delegated from the Sultan’s own authority.

A European businessman governed Sandakan under a title and powers conferred by the Sultan of Sulu.

Weeks earlier, the Sultan of Brunei had issued grants over overlapping land. The Company did not choose between them. It paid both.

Padajak

The grant turned on one word: padajak.

The British English translation says the land was ceded. In Sulu’s reading, padajak meant lease: the use of the land in return for a yearly payment, with the land itself never sold.

The annual payment arrangement outlived the Sultan. His heirs received it. When the Crown took over North Borneo after the Second World War, Britain paid. When Malaysia was formed in 1963, Malaysia paid.

From 1878 until payments stopped in 2013, the arrangement linked North Borneo to the Sultan of Sulu and his heirs.

The Crown’s own words

In 1881, Britain chartered the British North Borneo Company. The next year, Foreign Secretary Earl Granville told the House of Lords that the charter gave the Crown no sovereignty. The territory, he said, remains under the suzerainty of the Sultan.

The claim outlives colonial rule

The story did not end with the Company.

In 1946, Britain made North Borneo a Crown colony. The Sultan's heirs continued to maintain that the land had been leased, and that their rights survived the transfer.

In 1962, the Philippines took up a claim derived from the Sultanate's sovereign rights. The next year, the Manila Accord expressly preserved that claim and any rights under it when North Borneo entered Malaysia. Malaysia and the Philippines reaffirmed the Accord in 1966.

In 2011, the Philippine Supreme Court confirmed that the country's statutory claim to Sabah remained in force. It did not decide international sovereignty. But it documented something essential: the claim had not disappeared.

Colonial governments changed who administered the land. They did not erase the Sultanate's place in its history, or end the assertion of rights inherited from Sulu.

A history carried forward

From the Sultan's court at Jolo to the river settlements of North Borneo, this was a history of people, allegiance and inherited authority.

Its record survives in royal genealogies, the original Jawi agreement, the Sultan's commission, and the diplomatic agreements that followed.

A history of belonging. A claim carried forward.

The North Borneo Papers. History lives in evidence.

The documents behind the film

Sultan Muedzul Lail Tan Kiram · contemporary portrait

Oil-style portrait adapted from Drambon’s photograph, dated 29 May 2016 on Wikimedia Commons. The adaptation preserves the sitter’s likeness, black cap and white embroidered clothing, with a simplified painted background.

Photograph and painted adaptation: CC BY-SA 4.0, https://creativecommons.org/licenses/by-sa/4.0/. Portrait generated through Higgsfield and independently compared with the reference for likeness and clothing. The painting is a contemporary interpretation.

The Company’s transfer to the Crown, 1946

Agreement of 26 June 1946, opening page reproduced in WHORM CO097 correspondence enclosure, PDF p. 17; copy cites Colonial No. 202 (1946). The opening recitals identify the British Crown and Company as parties and describe rights derived through earlier grants and commissions. The agreement calls these sovereign rights; this source is not evidence that Britain accepted the Sulu interpretation. The enclosure is a later reproduction, not the signed original.

Diplomatic record of the claim derived from Sulu

Australia and the Formation of Malaysia, 1961–1966, document 17, Record of Conversation Between Kimber and Tange, with editorial footnote 2; NAA A1838, TS696/17/1 part 4. Footnote 2 records the revival in 1962 of the heirs’ claim and explains the Philippine claim’s asserted derivation from Sulu sovereignty. The conversation addresses the January 1963 London talks. The historical explanation is an editorial footnote, distinguished from the conversation itself.

Manila Accord and accompanying statements

Manila Accord, 31 July 1963, paragraph 12; accompanying Joint Statement, 5 August 1963, paragraph 8. UNTS vol. 550, no. 8029, pp. 348, 358. Paragraph 12 preserves the Philippine claim and any rights under it against prejudice from North Borneo’s inclusion in Malaysia. It provides for peaceful settlement. Preservation of the claim is not an adjudication of its merits.

UN treaty publication; reproduced page credited to the United Nations.

Philippines–Malaysia exchange of notes, 1966

Exchange of notes constituting an agreement relating to implementation of the Manila Accord, 7 February 1966. UNTS vol. 608, no. 8809, pp. 6–8. The notes and communiqué reaffirm commitment to the Manila Accord and peaceful settlement of the Philippine claim. They document its continued diplomatic treatment after Malaysia’s formation, without deciding territorial title.

Magallona v. Ermita: the statutory Sabah claim

Magallona v. Ermita, G.R. No. 187167, 16 August 2011, majority decision, section ‘Statutory Claim Over Sabah under RA 5446 Retained’. The Court held that RA 9522 did not repeal section 2 of RA 5446, preserving the statutory Sabah reservation. This is a Philippine domestic-law ruling, not an international adjudication awarding Sabah.

The Sultan’s commission in Jawi

Perpuspaan, August 1968, pp. 18–19; microfilm credited to the Public Record Office, London. The Sultan appoints a ruler and delegates governmental powers through his own authority, in a commission separate from the territorial agreement.

Public-domain designation on Wikimedia Commons. Reproduction from the 1968 publication; original document dated 1878.

The Malay text and the lease translation

Exhibit C-14, Malay transliteration and English translation; certifications dated 19 and 25 July 2019. The transliteration gives readers access to pajakkan and related forms. The signed certifications identify the translators; the exhibit is hosted by the claimants’ site, not issued as a court judgment.

Modern translation: linked for reading; not represented as public domain.

The 1903 agreement on offshore islands

Confirmation by Sultan of Sulu of Cession of Certain Islands, 22 April 1903; English reading copy. The English copy uses cession terminology and records the Company returning to the Sultan to formalise the islands’ status, with an additional annual payment of 300 dollars.

Historical instrument, official reading copy; credit Sabah State Attorney-General’s Chambers.

The 1878 grant: British English translation

Grant by Sultan of Sulu of Territories and Lands on the Mainland of the Island of Borneo, 22 January 1878, English translation. Read beside the Jawi text and the lease translations, it identifies precisely where the English renderings differ.

Historical instrument, official reading copy; credit Sabah State Attorney-General’s Chambers.

Sulu boats and Maimbung trade · Burbidge, 1880

F. W. Burbidge, The Gardens of the Sun (1880), account of Maimbung in May 1878 and the plate facing p. 225, ‘Dapang, or outrigged boat, Sulu Islands’. The boat painting follows that engraving; the waterfront is a reconstruction based on his descriptions of pile houses, jetties, cargo trade and the surrounding landscape.

Public-domain reference. Contemporary oil-style illustrations generated with GPT Image 2.5 through Higgsfield and independently reviewed against the historical sources. Colours, individual figures and the arrangement of waterfront buildings are interpreted.

The heirs’ payments · High Court of North Borneo, 1939

Civil Suit No. 169/39, Dayang Dayang Haji Piandao Kiram and others v. the Government of North Borneo and others. The opening page identifies the claim to payments under the 1878 and 1903 instruments. Used in the payment-succession sequence.

Historical judgment, scanned copy hosted by Sulu Arbitration. Its subject here is entitlement to payments, not an international award of territorial sovereignty.

Sultan Jamalul Alam · Montano and Rey, 1879

Portrait reproduced in Joseph Montano, Voyage aux Philippines et en Malaisie (1886), p. 173. The closing oil portrait is a contemporary painted interpretation of this engraving after Montano and Rey’s 1879 photograph, preserving the sitter’s likeness, dress and pose.

Public-domain reference. Oil portrait generated with GPT Image 2 through Higgsfield; colours interpreted from the monochrome image.

Najeeb M. Saleeby · The History of Sulu (1908)

Geography, political institutions and the Spanish campaigns; the commission to Overbeck at pp. 225–226. The film includes the Sulu Archipelago map, Diagram I and the plan of Jolo before 1888.

Public-domain book. Page scans: Internet Archive, historysulu00salegoog; plates: Project Gutenberg.

James Francis Warren · The Sulu Zone

The Sulu Zone: Commerce and the Evolution of a Multi-ethnic Polity, 1768–1898, Archipel 18 (1979), pp. 223–229, especially pp. 226–228 on regional trade and northeast Borneo. The expanded monograph is published by NUS Press.

Harold Conklin translation · archival correspondence enclosure

Copy headed “Translation by Professor Conklin of the deed of 1878,” enclosed in 1988 correspondence. Ronald Reagan Presidential Library, WHORM CO097, case files 500000–END, box 125; PDF p. 16. The adjacent 1946 transfer agreement appears at PDF p. 17.

Archival correspondence enclosures. Existing highlighting belongs to the scanned copy.

Payment chronology · 1878–2013

The published chronology records succession payments to the heirs, the 1936 interruption, the 1939 judgment and Malaysia’s payments from 1963 until termination in 2013.

Edward Stanford · Borneo map

Library of Congress, digital resource g8033s.ct001932. The catalogue date is 1881; the reproduced sheet carries a supplement heading dated 28 March 1884.

Music and production

“Ever Mindful” by Kevin MacLeod (incompetech.com), licensed under Creative Commons Attribution 4.0. Excerpted, faded and mixed beneath narration.

Arthur synthetic narration generated through Higgsfield. Film assembled with HyperFrames. The coastal illustration was generated for this project. The closing portrait is an oil-style interpretation of the Montano and Rey likeness; historical maps and document images are credited above. The dapang and Maimbung waterfront paintings follow Burbidge’s 1880 illustration and eyewitness account. The Jawi commission is displayed in positive by reversing the microfilm’s tones; its writing and seals are unchanged.