Foreword

The publication of this definitive collecti-on of Treaties and Docunents relating to all the States of the N{alayan peninsula and Borneo which carne together to forn the Federation of Malaysia in 1963 is a rnilestone. It narks the end of one section of the great road of history, and simultaneously the beginning of the next. For it provides a complete and accurate record of a1l treaties, e n g a g e m e n t s ,a g r e e m e n t s a n d o t h e r d o c u m e n t s w h i c h f o r m the record of the relations of the Malaysian States with each cther and with outsicle powers from the late eighteenth century up to 1963. The collection ends with the constitutional documentswhich created and proclaimed lrlalaysia. The same documents, as the Editors remark in the Introduction to Volume I, will form the beginning of any future collection covering the next part of the story. T h e a p p e a r a n c eo f t h e c o l l e c t i o n i s a m i l e s t o n e t o o in marking the completion of an arduous and protracted piece of co-operative scholarship. The idea of the work originated in discussion between a group of historians meeting in the University of Malaya in Kuala Lunpur in 1964, but for a variety of reasons the project to which this gave birth proved abortive. The work was then taken up as a joint venture by two of the original participants, Dr. L.R. i{right (now Reader in History in the University of Hong Kong) and lt{r. J. de V. Al1en, who had by then m o v e d t o a p o s t i n K e n y a . D r . l { r i g h t a s s u m e dr e s p o n s i b i l ity for rnaterial relating to the Borneo States (Eastern Malaysia) and Mr. Al1en for that relating to lr{alayaand Singapore (l{estern Malaysia). Dr. Wrightrs portion of the work was completed in I97I. Because of his geographical isolation from the centres of studies in this field, and the competing claims of his work in Kenya, however, I \ h . A 1l e n r s p a r t i n t h e e n t e r p r i s e p r c c e e d e d m o r e s l o w 1 y . But after a period in London as visiting Fellow at the School of Oriental and African Studies in 1970 he had conpleted the bulk of a first draft when he suffered a najor breakdown in health, and tn 1973 was reluctantly cornpelled to gi-ve up the work. He entrusted his uncompleted manuscript to me, in the hope that I might be able
tar 2rr2noo fnritq cnmn'l ctinn

xl

Very fortunately I was able to arrange for Allenrs manuscript to be cornpletedby Dr. A'J. Stockwell of Royal Holloway College, London, who has also undertaken the editing of ihe whoie, and has shouldered the exacting task of s""ittg both volunes of the collection into print' A11 three of the Editors are specialists in different but overlapping parts of the modern history of Malaysia, I and are exceptionally well qualified for their task' on the successful completion of an outcongratulate them standing piece of historical scholarship.

C.D. COWAN

School of Oriental and African Studies, University of London

JULY1980

xu

d A ckn o w l e g ments

l'{any people have been helpful at various stages in the preparation of this collection. Professor C.D. Cowan, Director of the School of Oriental and African Studies, has greatly encouraged the work from start to finish and we wish to express our gratitude for his advice and guidance. Professor F.H.H. King, Director of the Centre of Asian Studies, University of Hong Kong, generously provided Wright with research funds. We have been assisted by colleagues in London, Hong Kong, Kuala Lumpur and Singapore, and we should like to mention in particular Mr. J.M. Gul1ick, the late Dr. Emily Sadka, Tan Sri l'fubin Sheppard and Professor ltrang Gung-wu (now of the Australian National llniversity, Canberra). We wish to thank the Controller of Her Majesty's Stationery Office for permission to present material which is Crown copyright. I{e should like to record our debt to the staffs of the following institutions :- Arkib Negara Malaysia (National Archives of Malaysia); Foreign and Comrnonwealth Office Library, London; India Office Library, London; Institute of Historical Research, University of London; Kedah State Archives, Alor Star; National Archives, Washington; Public Record Office, London; Royal Cornmonwealth Society Library, London; SarawakMuseun, Kuching; Library of the School of Oriental and African Studies, llniversity of London; Singapore National Library; University of London Library. The Publications Committee of the School of Oriental and African Studies has :iponsored the publication of the work and provided a considerable part of the camera-ready tlping; we express our thanks to the School and to the School's Publications Officer, Mr. M.J. Daly, whoseexperience has lightened our load and srnoothed the path to publication.

xul

We are also grateful to a number of people who have been invoLved in typing the two volunes and we nust thank Miss Joan Oliver of S.0.A.S. and Miss Anne Goldstein of Oceana Publications for meticulously producing the cameraready typescript. Finally, we should be negligent if we did not acknowledge the aid received from that earLier collection of affecting the Malay States and Treaties and Engagem_ents Borneo (London) which was edited by Sir W.G. Maxwell and W.S. Gibson tn 1924.

J. de V. Allen,

University

of Nairobi

A.J. stockwett, l?ril"::ito*"r

co11ege, University

L . R. Wright , tlniversi ty of Hong Kong

August 1980

xlv

P r e f a c e t o S e c t i o n sI a n d I I

There have been several previous publications of this nature. The earliest, Report on the Treaties and Engagements uith the Natiue States of the Malayan PeninsuLa anterior to 1860 by Colonel Cavenagh, Governor of the Straits Settlements I859-1867, is included here in full. A collection entitled Tv,eaties and )ther Papers Conneeted uith the Natiue States of the lulalag Peninsula was published j-n 1888, and another, rather fu1ler, Treaties and Engagements entered'intouith or affecting the Natiue States of the MeLay Peninsula was brought out by the Straits Government the following year. Everything from the 1889 co1lection and all but two items from that of 1888 were reproduced in Sir W.G. Maxwell and W.S. Gibson (eds), Tneaties and Engagements affecting the Malay States and Borneo (London, 1924). For over half a century the compilation by Maxwell and Gibson has remained an indispensable guide for those interested in the development of Anglo-Nlalay r e l a t i o n s a n d t h e e m e r g e n c eo f M a l a y s i a . The present collection is designed to provide as complete a record as possible of all treaties, engagements, agreements and other documentsofficial and semi-official, whi-chare relevant to the relations of the States that were part of Malaysia at the time of its formation both with each other and with external powers between the late eighteenth century and 1963. This work is divided into two The first incorporates all treaties concerning sections. the States of West Malaysia (together with a few, such as the Anglo-Dutch Treaties of 1824 and 1871, which also relate to the States of East Malaysia), and all those affecting Malaysia as a whole. Agreements and documents relevant only to East Malaysia are reserved for the second.
nr

^ 1 L r Lv^ S ^r L * Ll i s 1 r u"r ur

collection

is

based on the work of Max-

well and Gibson (hereafter referred to as M and G), it differs fron it in several ways: i. It comprises only those States which joined Malaysia in 1963 i.e. it includes Singapore, which has since broken away, but excludes Brunei, which did not join tliat year. (It has, however, noc been possible totally to exclude B r u n e i s i n c e s e v e r a l t r e a t i e s a n d e n g a g e m e n t sr e a c h e d w i t h

that

Sultanate affected

its

neighbours, Sabah and Sarawak).

ii. It brings the collection up to 1963. It does not, however, contain Treaties signed by the Federation of Malaya with Britain or any other foreign power after that part of the present Malaysia gained its independence in 1957 unless they are relevant to the formation of Malaysia. iii. It contains certain documents - someoa O"r" from the period before L924 - not found in M " n r . nG. The and editors felt that certain items are relevant to the d.e facto (if not de june) relations between the various States and Britain, sj-nce, as in the cases of the Johore Constitution of 1895 and the Trengganu Constitution of 1911, they curtailed the rights of the States in their external affairs. 0n the other hand, the editors have excluded very few of the documentsoriginally in M and G: as regards Western Malaysia, for example, only the Railway Agreements have b e e n r e l e g a t e d t o a s p e c i a l n o t e ( A p p e n d i xv o 1 . I I , p . 3 4 9 ) . il'. Since this collection is designed more for historians than for administrators, the editors have prefaced each document or group of documents by a short introduction explaining the circumstances under which the document points appeared, and have supplied footnotes on individual arising from the text. v. The editors, unlike M and G, have decided to ignore any technical differences which may exist between treaties, a g r e e m e n t s , e n g a g e m e n t sa n d c o n v e n t i o n s . M a n d G s e e m t o have been at somepains to distinguish between these various categories. For example, their list of contents can be broken down, in the case of l{estern lt{a1aysia, as follows: Agreements 30 25 Treaties Letters, Despatches or Correspondences 13 Proclama.tion or Titah 5 2 Mem6randa Protocol 1 1 Engagement Convention 1 Miscellaneous 8 0f these, Letters etc., Proclamations and l{enoranda are fairly easily identifiable and have been described

xvl

generically, along with the Miscellaneous group, as Documents, But the distinction between Treaties, Agreernents, Engagenents, Conventions and Protocols (as the tern is here used to mean Boundary Protocol) is more difficult. Although the distinctionsapparently lvere once felt to be inportant - indeed, a Colonial Offj-ce official noted in 1910 that what were signed wi"th Kelantan and Trengganu in that year were agreements, not treaties and not conventions - the editors have been unable to establj.sh any satisfactory definitions which are valid for even most of the period and they feel that M and G's appellations lead only to confusion. Thus this collection is divided, as the title suggests, into two groups: Treaties and Documents, and the subtitle at the head of each says which it is and gives its exact oate. The aim o f t h e s u b t i t l e s i s t o p r o v i d e a m o r e m e m o r a b l es o u b r i q u e t . Even the distinction between treaties on the one hand and documents on the other is not intended to imply that either is in any way more binding or more significant than the other. As one would expect, lty arrangenent derived j-ts force and direction from the value attached to it by the parties concerned (or at any rate by the stronger ot' them) and not from its nere aDDellation. In compiling these volurnes the editors, following the nore recent practice in official publications of the Malaysian Government,have listed the States in alphabetical order and have placed all the treaties and dbcuments in chronological sequenceunder the State to which they refer. Boundary treaties affecting two West Malaysian States appear under one, with a cross-reference under the other. Additional categories of treaties and docurnents ate t'l.lalayan/ Malaysian" (including Federal Treaties, Governorst Despatches 'rDutch" etc., and the Merdeka and Malaysia treaties), ( H o 1 1 a n d )a n d " S i . a m e s e "( T h a i l a n d ) . The first footnote to each treaty or document indicates its provenance in its present version. In rare cases the editors have been able to find the original text; otherwise they have tried to compare two or more versions,of each d o c u r n e n t ,h a v e n o t e d t h e d i s c r e p a n c i e s b e t w e e n e a r l i e r a n d later versions, and, in the few instances which occur, have mentioned the differences between the adopted text and that of M and G. However, for a nunber of treaties and documents the editors have been obliged to accept the M and G version as the most reliable extant copy. (It should be added that work on thls coinpilation has been done in various countries for longer than a decade and, while every effort has been rnadeto ensure accuracy, in sone cases the editors have not been able to check their typescript against the document-s.)

xvll

In the printing of the texts the original archaic spelling has been preferred, though the rather tiresome series of capital letters that tend to adorn treaties in particular have not been reproduced. However, for the convenience of readers, signatures appear in capital letters and with their spelling modernlsed. In general the actual or given name of the signatory is placed in capitals, his title or function following in normal letters; but sometimes, especially if know, it has seemed h l s a c t u a l n a m e i s u n k n o w no r l i t t l e more appropriate to put the title or function in capitals instead or as well. While the original order in whi-ch the signatures were attached has been preserved the recording of seals and signatures has, as far as possible, been standardised. Thus, each signatory is indicated by the word "signature'r (or by the phrases I'mark ofh or "sea1 of"), and each witness is simply described as a witness. The customary periphrasis "signed by in the presence of . . . " the has been omitted. Similarly with regard to tltles, f r G o v e r n o ro f t h e S t r a i t s S e t t l e m e n t s r ' , f o r e x a m p l e , a l w a y s appears as just that whether or not he chose to insert rrand Commanderin-Chi eft' . Final1y, there is the question of translations. The wordrrtranslationrf, when it appears at the head of a tTeaty or document, meansthat the item was specially translated (in which case the narne of the either for this publication translator is given in a footnote) or for the source from which the present version is derivedviz. M and G or the It{anyother tGaties Colonial 0ffice fi1es. and documents translated either into English were, of course, officially or N1alay, and the version which was intended to prevail in the event of a disputed meaning is sometimes stipulated. The editors have in the main contented themselves here with the English-language versions and with the occasional comment in notes on the whereabouts of Malay versions or It is, however, hoped about controversial interpretations. that a companionedition of this collection may sonetime where they appear in l{alay providing the Malay originals, exist, or authoritative Malay translations.

NOTE: Cross-references in Volume I relating in Volume II appear in italics.

to pages

xvlu

Introduction to SectionI

Before the British arrival the l{alay Peninsula was divided into a number of autonomous and semi-integrated feudal k i n g d o r n s . W h e nB r i t a i n w i t h d r e w f r o m M a l a y a i n 1 9 5 7 s h e w a s able to hand over power to a single government which, in 1963, extended its sovereignty to the former British dependencies The Federation of of Singapore, North Borneo and Sarawak. Malaya and subsequently Malaysia itself were the culmination of a gradual process in which the Malay States were linked The formal method whereby with Britain and with each other. together was, in general, neither the various States came conquest nor administrative fiat but the signing of agreeThe new poments by representatives of two or more sides. framework was constructed by treaties. Sometimes litical these agreements were signed by the States with each other, s o m e t i m e sw i t h a t h i r d , e x t e r n a l r p o w e r , a n d s o m e t i m e s i t was agreementsbetween two external powers (such as Britain and Holland or Britain and Siam) which set the wheels of in rnotion. Only very occasionally after 1786 unification as by the Siamese invasion of the Northern Malay States in the early nineteenth century or by the Straits Settlements Act of 1866 and its repeal.in 1946 - was the 1egal status of any part of Malaysia affected by anything thet did not take the form of an agreement, in the broadest sense of that term. This collection is important, therefore, in that it records the de jure independence enjoyed by each State at any particular time, and traces in lega1 terms the gradual unification of the region frorn the late eighteenth century to the early 1960fs. In addition this book demonstrates the powerful effect which 1egal docunents have had on the histories of the Malay States. During the two centuries preceding 1963 - centuries throughout which the Malaysian States were in constant confrontation with two colonial powers, Britain and Holland, and a powerful nel"ghbour, Siam - their external affairs, and to an increasing extent their internal ones as well, were regulated by treaties and by certain other documentsto a degree which is unusual in history. There are, of course, many countries whose histories have been greatly influenced by their own written constitutions; and there are innumerable instances of peoples signing away their right to participate in decisions affecting their own foreign policy. But there have been few cases where agreements made with foreign powers have played such an irnportant part in regulating both external and internal affairs over a long period as occurrfed durins the British era in lvtalaya.

Although it is not claimed that Britain adhered more scrupulously to written agreements than is usual in the relations between strong powers and weaker states, it is clear that she seldom forgot the agreements altogether and that they were more of an issue in Anglo-Malay relations than might have been expected. One rnight, for example, contrast what happenedin the Malay Peninsula with what happened in t h e K i n g d o m so f S o u t h U g a n d a , w h e r e B r i t i s h r u l e w a s a l s o nominally based on agreements, or for that matter, with what Indeed, in 1946 h a p p e n e du n d e r t h e D u t c h i n I n d o n e s i a . Britain found herself in the position where, having failed in previous efforts to alter the treaties to her own advantage, she had to stick with them and adhere to their terms. The reasons for this relatively close correlation between the theory and practice of British rule tended to vary with the development of Anglo-Malay relati.ons which passed through several phases, the main turning points being I874, During the period up to 1874 1895-6, 1945-8 and 1957. British objectives in signing treaties with the West Malaysian States were either to secure the territories of the Straits Settlenents Colony and fix their boundaries or to win certain vague rights which would make other States British trprotectoratesr', though it is far from clear what was meant by the term during these years.l* It is generally agreed that the ( t h e G o v e r n m e n to f attitude of the top British authorities India up to 1867, the Colonial Office thereafter) was characterised during these years neither by a desire to becomeembroiled in the internal affairs of Malay States nor by an enthusiasm to safeguard the area from Siam, but merely by a general intention to keep the area free from the incursions of other Europeanpowers. T h e G o v e r n m e n to f B r i t i s h I n d i a constantly checked those Singapore Governors who favoured the assumption of further obligations in the area, treaties or no. W h e nt h e C o l o n i a l O f f i c e a s s u n e d c o n t r o l o f t h e Strai-ts Settlements, the metropolitan government displayed neither knowledge of nor interest in the treaties by which the British were committed to certain resDonsibilities in the Peninsula. Malays who had signed (or who were connected with those who had signed) these early treaties were, however, keenly interested in their terns since they used the treaties as tools for reinforcing their authority wj-thin their own community. It would be litt1e exaggeration, for instance, to say that when the Temenggong f Johore began to sign tTeaties o ff) he took with the British instead of the Sultan (cf p.25 A one of his biggest steps towards superseding his Ru1er. * For footnotes see p.l3

feature of the relations of the Malay States with Britain during the period before 1874 was the number of appeals sent by Malay chiefs and pretenders seeking sone degree of British recognition or support: if the British replied in such a w4y as to imply recognitlon, even if they sent no support, the recipient felt his case was strengthened. In the conditions that then obtained in most Malay States, where diplomacy consisted almost entirely of courtesies and letters, and warfare involved 1itt1e more than the occasional skirmish with very few people killed, it might indeed have been regarded as sornething of a trump card to have the British apparently accept onets cause. Although -some alays might have requesM ted British armed intervention, it is doubtful whether in the period before 1874 they rea1ly expected it. The impression is that correspondence with the Singapore establishment had b e c o m ej u s t o n e m o r e w e a p o n i n t h e t r a d i t i o n a l Malay diplomatic armoury. The fact renains that }lalays were deeply and increasingly interested in the precise terms and implications of the treaties and all other correspondence at the very time when the British were least so. I f t h e G o v e r n m e n to f B r i t i s h I n d i a a n d t h e C o l o n i a l Office were each i11-disposed towards intervention in the M a l a y S t a t e s , t h e G o v e r n m e n to f t h e S t r a i t s ' S e t t l e m e n t s , on the other hand, periodically The contravened this spirit. treaty which Captain James Low concluded with the Ruler of Perak in 1826 (see p.370 ff.), for example, brought a severe rebuke frorn the Governor-General of India himself, while Sir Harry Ord (Governor, 1867-73) was thwarted by the Colonial Office in his attenpts to restore order and promote The man on the spot was constantly trade in the Peninsula. hamstrung by higher authority until September 1873 when the Secretary of State, Lord Kimberley, anxious about the designs of other Europeanpowers on the Peninsula, decided to depart from the policy of non-interference. Kimberley instructed Sir Andrew Clarke (Governor, 1873-75) to report 'tany steps w h i c h c a n p r o p e r l y b e t a k e n b y t h e C o l o n i a l G o v e r n m e n tt o promote the restoration of peace and order, and to secure prote.tion to trade and conmercewith the Native Territories".2 The initiative was in effect placed in the hands of the Governor, and Clarke, exceeding his instructions, took it upon himself to conclude the Pangkor Agreement wlth the Perak Rulers in January 1874 (see p. 390 ff.). The Treaty of Pangkor is generally point in Malayan history; it initiated on the grand scale and was the model for concluded with the Rulers of most other regarded as a turningBritish i-ntervention subsequent treaties Peninsular Malay

States (see p. 385 ff. for a discussion of the terms of the Pangkor Engagement). After 1874 the Colonial Office was never to forget the terns of the Anglo-Malay treaties. Indeed, it was-generally maintained, in British publi-c pronouncementsrJthat since no further territory was annexed to Britain (at least until the time of the Malayan Union, 1946) the legal basis of her position in the Malay States remained, after 1874 as before, the treaties and the treaties alone. W h e r e a sm o s t p a r t s o f t h e B r i t i s h e m p i r e ( i n c l u d i n g o t h e r states with which agreements had been made) were subjected, to the Foreign Jurisdiction albeit retrospectively, Act, which madethem British soil, in the nine Malay States of so-cal1ed British Malaya the Malay Rulers remained sovereign. The implication, which was sometimespublicly admitted,, was that Britain could do nothing in these States whi"chran contrary to existing treaties, and if she wished to do more she would have to sign new ones. Less often admitted, but inherent nevertheless, was the implication that if - as was bound to happen with changing circumstances - disputes arose as to the precise limits of British power under the treaties, the legal heirs and successors or the original signatories on the Malay side would have a right to an equal share in the redefinition To put it another way: of this power. the treaties were regarded as being signed between sovereign monarchs or their representatives, and so long as both sides rernained sovereign there was a presumption, practice and the contents of the treaties notwithstanding, that any redefinition of terms or renegotiation would also rest upon the consent of both parties. A11 this was a myth. In practice Britain did much that was by no stretch of the imagination permissible under treaties. S o m e t i m e st h i s w a s s i n p l y i 1 1 e g a 1 . S o m e t i m e si t was possible because a single State had signed two or more treaties which were incompatible with one another (sometimes the incompatibilities existed within a single treaty); and where, in such cases or elsewhere, British actions were contested, it was British judges, the British Colonial Office, or merely a loca1 British official who "arbitratedrr and gave a ruling. Finally, and this is perhaps the most important point, the whole concept of an agreement reached between two sovereign parties and binding on their successors was undernined as early as 1875, and several times thereafter, by British interference in Malay successions. An agreement reached between two parties and binding on their successors, but which is interpreted to permit one party to determine precisely who the successors to the other party may be, i-s no real agreement at all and cannot possibly be a successful and

It is a meaningful basis for future "ru1e by consenttt. And this is just what all treaties charter for donination. signed between 1874 and 1946 were, and were intended to be. Britain, in effect, signed these treaties with the West Malayslan States not, as heretofore, to limit her own liability within them while keeping other Europeanpowers out, but to provide a basis for her future control over them. If it ever suited her to increase her power within them, she did so; if it suited her to change existing treaties, she did; and if, before 1941, she had wanted to abolish "rule by treaty't altogether, annex,the region and rule through the Foreign Jurisdiction Act,4 she would have done that too. The reason why, when she tried to do it in 1945-6, she failed, was not that the treaties had hitherto been in any sense I'real treatiest' but because she was by then, in terms of the balance of forces inside West Malaysia and in the world at large, too weak to carry out her intention. At the level of international law, then, the treaties signed by Britain with the West Malaysian States between 1874 and 1946 were worthless, mere scraps of paper, since Britain had the power to change the successions or even to depose a li.ving Ruler (although the like1y expense in putting down opposition tended to deter her from such drastic action). Why, then, did the British bother to make treaties in the first place? And why did they persist with rule by treaty a 8.. for so long? The answer to the first question5 lies partly fitt'* in the initial weaknessof the British presence in Malaya. * r"r' q i-t One reason for negotiating a treaty was that it acted as a Fas r , '. * F softening up process, whereby the British, often underarmed atr s and almost always understaffed, night accustom Ntalays to the t'" o idea of British control. In these early years treaties had to be fairly closely adhered to; the fate of J.W.W. Birch, :T first British Resident in Perak, who was assassinated in 1875, and the subsequent Perak War illustrate the dangers of flouH o w e v e r , i t w a s a s s u m e db y ting the terms of a treaty. Clarke and other local officials that once the Malays had b e c o m ef u l l y a w a r e o f B r i t a i n r s r e s e r v e s o f m i g h t a n d u n d e r stood the uselessness of resistance, observance of the treaTo the men on the spot ties would no longer be necessary. treaties were a prelude to direct rule by Britain. Another reason why British domination in West Malaysia began with treaties lay in Britain herself. Both the Colonial Office and Parliament in the 1870fs would have rejected overt expansion but were prepared to accept treaty arrangements, which, by merely authori-sing the British to appoint an adviser at the court of a Ru1er, appeared nuch less categorical The general unwillingness of the than outright annexation.

f;

home governnent and the British public to shoulder the responsibilities of direct imperial control hetps solve the second conundrun, namely: why the British persisted with rule by treaty for so 1ong. Although the Perak War of 1875 demonstrated, at least in one state, the power of British armed resources, it did not make the treaty system redundant. 0n the contrary, the Colonial Office, anxious to vindicate itself and its own version of rule by tTeaty as a cheap and non-committal alternative to annexation, ordered the Pangkor system to be re-instated in Perak. Indeed, when in the 1880s a forward policy was resumed, Sir Frederick Weld (Governor, i880-87) negotiated treaties in order to extend the residential system, which had already been established in Perak, Sungei Ujong and Selangor, to the rest of Negri Sembilan and to Pahang(see p. 3J ff.). In the 1890s - and here we come to the second turningpoint in our chronological examination - a major re-organisation of the administration of Perak, Selangor, Negri Sembilan and Pahangwas proposed and effected. The needs to consolidate the administration, justice and economic development of the Protected States and to deal with the insolvency of Pahangwere increasingly recognised both in Malaya and in London. Withdrawal having been discounted, the Colonial Office now had to adjudicate between the alternatives of annexation (thereby attaching the four States to the Straits Settlenents) and federation within the treaty system. W.E. Maxwell urged the first course while Frank Swettenham and the najority of the Residents favoured the perpetuation of rule by treaty. Indeed, by this time the Residents had become accustomedto playing the role of King, or at least allpowerful Grand Yiziet in their own States, and appreciated reference to the treaties and to the "independence" of the Malay States as a meansof parrying unpalatable suggestions offered by bureaucrats i"n Singapore or Whitehall. One of the more percipient Colonial Office officials detected this p l o y i n t h e r e l a t i o n s h i p o f S w e t t e n h a ma n d t h e S u l t a n o f Perak: Mr Swettenham and the Sultan form a sort of Spenlow and Jorkins firm. M r S w e t t e n h a r ni s always doing his best to get the Sultan more money, and the Sultan is always willing to come up to the scratch and express repugnance to anything proposed by the Secretary of State which Mr Swettenharnoes not wish to see done ...6 d Eventually, however, London found in favour of Swettenhamrs federation scheme. By the Federation Treaty of 1895 (see

p. 49 ff.), w h i c h S w e t t e n h a ms p e e d i l y n e g o t i a t e d w i t h t h e Malay Rulers of the four states, Perak, Selangor, Negri and Pahang were amalgamated for administrative Sembj-1an p u r p o s e s u n d e r a s i n g l e R e s i d e n t - G e n e r a l ( S w e t t e n h a m1 8 9 6 1900) who hoped to use their titular independence to bolster his own power uis d. uis the Governor of the Straits Settlements (now also known as High Commissioner for the N{alay States). The treaty system had been reinforced even though its new form made nonsense of any claim that the Malay States remained separate and independent in fact. It is not easy to tell at what stage lvlalaysrealised that the treaties they had signed with Britain were not rrrealrr treaties. Certainly at the 1903 Durbar, Sultan Idris of power of Perak protested against the over-centralisation in the hands of the Resident-General and the infringenent of the Pangkor Treaty which this involved, and his cornplaint w a s n o t e d i n L o n d o n ./ Indeed, throughout the first decades of the twentieth century, Malays of the Federated Malay S t a t e s ( F M S ) d e m a n d e da l o o s e r , d e c e n t r a l i s e d s y s t e n o f government in place of the Federation where the British controlled adninistration and non-Malays dominated econonic developrnent. Nevertheless, the British decision to abide by the treaty system turned out to be beneficial for the Malays. MalayRulers - by reinterpreting the treaties as agreements between themselves and the local British officials, which, if infringed, could always be referred to higher authorities - managed to salvage a good deal in London for arbitration power in their own States which they might of political otherwise have expected to lose. It may be that the Rulers, with the experience of Siamese or other "overlordshiprr, had never rea1ly believed that the British would treat them as equals, and had recognised from the start that their best chance lay in as direct access as possible to the British monarch. Sultan Idri"s of Perak, for example, was not without appreciation of the value of a reference to the treaty as the surest way to get himself heard in the highest quarters, and in 1923 his son, Sultan Iskandar Shah, visited London himself and caused a great stir in the Colonial Office indeed, brought about something of a policy shift - by telling the Secretary of State that his countryrs rights under the tTeaty were being ignored.S By the 1920s it was clear to the Malay establishment of every state that the metropolitan were on the whole far more prepared to British officials share political power with the lrlalays than were loca1 administrators, and that a point, which the authorities in Kuala Lumpur or Singapore night refuse, could be won by referring it to London as a trbreach of the treaty".

It was the Malay Rulers of those States which lay outside the Federation - the Unfederated Malay States (UMS) who had the greatest success in using the treaties as buttresses for their own authority. 0f the UMS, Kedah and Johore were the most jealous of their autonomy and the best equipped to resist European interference. Both States, for example, boasted administrative systems that pre-dated British intervention. In Johore Sultan Abu Bakar and his successor, Sultan lbrahim, established the value of an appeal to London over the heads of the British in Singapore (see note on Johore Treaty 1885 p. 70 ). In Kedahdifferences between the British and Malays in their interpretations of the 1905 and 1909 documents (see p. ) provoked various crises in which the Malay ruling class confronted the British on any change which threatened to dilute Malay power in the State or to absorb it into the FMS. The KedahMalays achieved their desired guarantee in the Treaty of 7923 (see p.175 ff.) which specifically stated that, in the event of disputes a r i s i n g , _ K e d a hs h o u l d h a v e t h e r i g h t t o a p p e a l t o t h e B r i t i s h m o n a r c h .9 It is important to emphasise that an appeal to the treaty could carry the Malays so far in Britain but no further. Where there was a difference of opinion between the local British officials and the men in Whitehall they might get the former over-ru1ed: but there was never any difference of opinion between these two groups over the basic ninimum of Britainrs power in Malaya necessary to retain her position there. It was perhaps inevitable, therefore, that when in the mid-1930s the Malays appealed to London over the question of the Selangor succession, they should lose. The British had deposed the appointed heir to the Sultan of Selangor and replaced him by his second brother, and the Sultan went to London^to protest and actually got as far as seeing the King. ru Had Britain on this occasion conceded that matters of succession should be regarded as questions of Malay custom, and therefore under the terms of the treaties with most States reserved for the Malays, she would have corne dangerous1y near to losing her trump card in the gane of ruling by treaty, narnely the right to decide who at any moment repres e n t e d t h e M a l a y R u l e r w i t h w h o ms h e h a d s i g n e d . Fortunately, perhaps, for her there were various aspects of the Selangor succession problem which enabled her to dispose of the Sultanrs protests without too much difficulty. It was a rnonent of truth nevertheless. S.W. Jones (British Resi-dent,Selangor, Colonial Secretary, Straits Settlements, and Acting Governor-High Commissioner in the yealfs irunediately before t h e J a p a n e s e i n v a s i o n ) w a s p r o b a b l y w l f o n gw h e n h e l a t e r w r o t e

"... the Selangor succession dispute ki11ed the remaining vestiges of puppetTy ...", for puppets in the sense that Britaln reserved the right to depose them or interfere in their successions the Malay Rulers remained; but he was undoubtedly right when he continued: r'... the Rulers will carry the fight to London ... would.take any rnatter (they The British Government did not 11ke) straight to Londonr'.rr of Malaya could no longer expect to get away with any infringement of the treaties, however slight, without a fight. l{hen, at the time of the Malayan Union crisis in April 1946, the Sultans asked for facilities to travel to London in order to petition the King, Governor Gent (1946-48) attempted to conciliate the Rulers, while a similar request from Sultan Ibrahim of Johore (who was already in London) was courteously refused by the Secretary of State on the grounds that art aud i e n c e m i g h t p l a c e H i s M a j e s t y i n a n e m b a r r a s s i n gp o s i t i o n . l 2 However, the price of baulking the Rulers in their appeals to the King would be, as we sha1l see, a British re-affirnaand 1egal rights. tion in 1948 of their constitutional The reason why the British permitted the Malay Rulers to insist on the rights written into their treaties, where other Rulers in the Colonial Empire in similar positions lies in the delicate would have received far shorter shrift, By the tj-me of the racial balance within the Malay States. 1 9 3 1 c e n s u s t h e M a l a y s a m o u n t e dt o o n l y 4 9 e ,q f t h e t o t a l p o p ulation of Malaya (excluding Singapore where they were greatThe British, feeling that the majority of ly outnumbered). 1oyal to Britain, Chinese and Indians were not particularly institutions shrank from any democratization of political such as they had authorised (with results that were not particularly successful frorn their own point of view) in Ceylon. Instead they fell back upon the support of the Malay community whom they proposed to control through their far-fromtrThe Sultans". noted Sir Cecil Clenenti democratic Rulers. (High Conmissioner, 1930-34), "...are not an anachronism: developments such they are a buffer between us and political between us as have taken p1ag9 in Ceylon, a buffer also During the peri-od between the wars tl^e and the Chinese."rr paid attention British, not least for reasons of realpolLtik, t o t h e g r i e v a n c e s o f t h e R u l e r s a n d e m b a r k e do n a p o l i c y o f rights were to decentralisation by which certain political Rule by treaty, in other words, be restored to the Sultans. which had started as a tactic of caution and had continued Thus any a s a c o n v e n i e n c e n o w b e c a m ea d e l i b e r a t e p o l i c y . clamour for representation of the Malayan Chinese and Indians could be countered by an assertion of Britainrs treaty obligations to the Malays.

It could be argued that the whole policy of decentralisation was a cuL de sac, since it allowed the Rulers (as in the Selangor Succession dispute) to demand, on the basis of the treaties, sornethingwhich the British could not afford to give. 0n the other hand, the Rulers, in standing by the letter of their treaties, were able to inpede the realisation of British aims. For, Clenenti intended decentralisation to be the prelude to effective centralisation and, by revj-v i n g t h e p r i v i l e g e s o f t h e F M SS u l t a n s , h e h o p e d t o o v e r c o m e b o t h U M Ss u s p i c i o n a n d F M S c r i t i c i s m o f B r i t i s h c o n t r o l a n d thereby to improve the chances of pan-Peninsular unity. However, a rati-onalisation of the governments of the lVest Malaysian States was handicapped by the underlying principles of Britainrs treaty relationship with the Malay Rulers. C1ementits grand design to re-order the Pen- su1a came to nought and in August 1941, four months before the Japanese invasion, his successor, Sir Shenton Thomas, reaffirmed orthodox policy, namely Britainrs intention to abide by her treaty obligations and to protect Malay interests in the separate States.14 The Japanese occupation, 1942-1945, shattered one basic a s s u m p t i o n w h i c h h a d b e e n c o m n o nt o a l l A n g l o - M a l a y t r e a t i e s and explicitly s t a t e d i n r n a n yo f t h e m - t h a t B r i t a i n w o u l d defend the Malayan Peninsula from foreign invasion. Many attltudes altered towards the signatories of the treaties: the belief in the overwhelming strength of Britain was undernined, while the unquestioning obedience of the masses to their separate Sultans began to give way to a broader polit i c a l l o y a l t y w h i c h e m b r a c e dt h e w h o l e c o m m u n i t y i n p l a c e o f the individual States and which held the Rulers accountable to their subjects. Colonial Office officials, for their part, took the opportunity of the Japanese occupation to cut the 1ega1 knots which had strangled attempts to re-order the structure of Malayan government during the inter-war years, and to embark on a course which, it was envisaged, wouJ.d eventually lead to a single self-governing and nulti-racial state. On their return to Malaya, the British hastily negotiated new treaties (the MacMichael Treaties cf Johore Treaty of 1945, p. 12\ ff.) with the bewildered Malay Rulers who signed away their sovereignty to the Crown which then imposed a new constitution on Malay4_by Order in Council ' This constitution, ,rnder the Foreign Jurisdiction Act.15 known as the Malayan Unlon, is the third landmark in the h i s t o r y o f A n g l o - l r , l a l a yt r e a t y r e l a t i o n s . Before the war the British had paid lip-service to the concept of Malay sovereignty and had wielded power within the treaty system. It was their observance of this concept

l0

which had ensured a large degree of Anglo-Malay concord and the preservation of Malay society in a rapidly changing After the war the British, by attempting - if unlitwor1d. tingly - to marry the idea of sovereignty with the actuality of power, raised those Malay grievances which had previously level to the grander and nore existed at the administrative By the uncontrollable scale of constitutional conflict. Malayan Union the British not only were assured of full power but also were seen to have this power; the new constitution was a gross misunderstanding of the importance of the i11uA Peninsula-wide Malay polision of power for the Malays. tical novernent emerged which forced the Malay Rulers to revoke their agreements with MacMichael, while the British Government - unsupported by the Chinese and Indians (whom the scheme was intended to benefit) and pressurised by retired Malayan Civil Servants (who had come to regard rule by treaty as sacrosanct) - were forced to abandon the Malayan Union and negotiate new treaties with the Sultans. The new treaties (which underwrote the Federation of Malaya, 1948) differed from earlier ones in being more or less uniform, and in enforcing a certain minimal degree of uniformity on all States (this suited the nationalists as well as the BriBut they differed in an even more important respect tish). in practice: unlike their predecessors, these treaties, signed in 1948, had to be observed by both sides. As things turned out this was not so very difficult. The spirit of the British administration after the Second World War was altogether different from what it had been up to 1947/2, although someof the previous administrators returned; while on the Malay side both Rulers and nationalists were scrupulous but not ungenerous in their conduct. Both s i d e s r e a l i s e d t h a t i n d e p e n d e n c ew a s f o r e s e e a b l e , a n d r u l e by treaty as a preparation for independence was a much more practicable proposition than rule by treaty as,a formula for Perhaps colonial government over an indefinite period.ro the most important single factor guaranteeing Anglo-Malay co-operation was the communist insurrection, which began only a few months after the 1948 Federation Treaties had been signed. The vast majority of the insurgents were of Chinese extraction, and neither the Rulers nor the Malay nationalist leaders were any more sympathetic to them than the British.lT A11 hands were therefore turned to quelling the revolt, and many points of friction which night otherwise have arisen were overlooked. As the insurrection waned the Malays polite1y but firmly gathered the reins of power in their own hands, with the co-operation of various anti-cornmunist Chinese and Indian parties, and in 1957 the Federation of Malaya

il

becane ful1y independent of Britaj-n in an atmosphere of remarkable goodwi11. The i11-fated Malayan Union schene had achieved one thing: the re-integration of the former Straits Settlements of Penang, Province Welles1ey and Malacca into West Malay0n1y Singapore (partly at the insistence of the sia.rd Malay negotiators who were fearful of a Chinese majority) remained a British colony after 1948. The later inclusion in Malaysia of Singapore and of Sabah and Sarawak (which had b e c o m eC r o w n C o l o n i e s i n 1 9 4 6 ) w a s a m a t t e r f o r n e g o t i a t i o n b e t w e e n t h e B r i t i s h G o v e r n m e n to n o n e s i d e a n d a s i n g l e , genuinely sovereign Governrnent of the Federation of Malaya on the other. As a matter of fact, the position of Singapore after 1959 was stTangely anomalous: in that year it was granted internal self-government, which neant that the subsequent constitutional negotiatiors for Malaysia (1961-6j) were three-sided, while its internal security was supervised by a council which included, in addition to three Singaporean representatives, three British members and one nominated by the Federation of Malaya. Her presence in the Internal Security Council, which was justified by reference to the communist insurrection in lt4,alaya,gave the Federation a vestigial authority in Singapore and contributed to the merger of island and mainland. In 1963 Si-ngapore, together with Sabah (formerly North Borneo) and Sarawak, joined the Federation of Malaya to form Malaysia, which, though in title not a federation, in its constitution provided for both federal and state governments. The proclamation of Malaysia marked the end of Britain's sovereignty in any part of Malaysia (although she rernained as the rrprotecting power't in the State of Brunei, which refused to join Malaysia) and so provides an appropriate date to end this collection. Since 1963 the borders of Malaysia have changed with the withdrawal of Singapore, but events after 1963 would seemto belong to a new epoch, one in which treaties and documentsof the sort collected here played a different role from the one they play between 1786, when rrleased'r Penang, and 1963. Britain first With the proclamation of Malaysia any future such collection would have to begin: with the samedocument this one ends.

t2

NOTES

C.D. Cowan, Nineteenth-Century Malaya, London, 1961, pp 17-20, deals wi.th the British position in general The term "proand its legal aspects in particular. a tectoratet', he points out, "... did not assunne n international status until the Berlin Conference of 1884-sil. Secretary of State to Governor, Straits Settlements, 2 0 S e p t. 1 8 7 3 , i n C O 2 7 3 / 6 7 ( c i t e d b y C o w a n , p 1 7 5 J .

3.

Eg Sl-r John Anderson to the first meeting of the Federal Council, 11 Dec. 1909; Sir Hugh Clifford to the Federal Council, 16 Nov. 1927; Report by W.G.A. )rmsby-Gore, on His visit to Malaya, CeyLon and Jaua in 1928 (Cmd 3235); and Report of Sir Samuel kliLson on His Visit to Malaya, 1932 (Cnd 4276). Introducing the 1948 edition of his Brt,tish Malaga, Sir Frank Swettenham encapsulatd view in the phrase, 'rThe Malay States are this official not British Territory. . ." The Foreign Jurisdiction Act of 1890 gave the Crown power to exercise jurisdiction within a foreign country by the cessation as if it had acquired that jurisdiction Theoretically interpreted as conquest of territory. or juri-sdiction over British subjects alone, in practice the provisions of the Act were brought to bear upon the native peoples as we11, and, with the passageof time and the accunulation of precedent, the more comprehensive In application of the FJA accrued a kind of validity. 1946, with the conclusion of the MacMichael Treaties, of sovereignty" in the the Crown acquired a 'rscintilla N{alay States that enabled it to extend the FJA to the Peninsula. On the basis of the Act were issued Orders in Council establishing the Malayan Union. in Sir Harry Johnston, an inveterate treaty-collector Africa, put the samequesti-on: 'f... why should we have bothered to negotiate with Negroes, Arabs, Afghans, Siarnese,Malays or Papuans?" His answer with regard to the African case was not irrelevant to that of Malaysia: t'If one proceeded to interfere in the condj-tions of a tribe without a treaty to do so, there was sure to be a fight ...r', and, he continued, 'rFor several years, in somecases, where a ruling chief or a tribe declined to make a treaty we abstained from intervention in their (The StorA of MA Life, London, domestic concerns 1923, pp 277-78).

t3

6.

in 1894, is Thi"s minute, written by Edward Fairfield cited in E. Sadka, The Protected Malay States 18741895 Kuala Lunpur, 1968, p I23. S e e F . A . S w e t t e n h a mt o C h a m b e r l a i n o f 2 5 N o v . 1 9 0 3 , i n Gouernor of Stz'aits Confzdentdal Despatches to C0 1903, bound volumes, Singapore National Library. The Sultanrs visit is mentioned and his memorandum, the British administration severely which criticised for ignoring the terms of Pangkor, is quoted at some printed paper, Policg of length in the confidential Decentz,alisation in the FMS - Course of Euents drawn up by J.M. Martin of the Colonial Office and dated 4 Nov. 1930, which is to be found in the Private Papers of Sir Cecil Clementi. William Peel, then British Adviser in Kedah, noted that this right was "inherent" in all such treaties, but it may be doubted whether this would always have been recognised. W. Pee1, "Co1onia1Service Notes, 1897-1955tt, M s s i n R h o d e sH o u s e , O x f o r d : B o d l e y M s s B r i t E m p S . 2 O 8 . Accounts differ as to whether he, or the King, ever actually mentioned the succession dispute during his audience. It was certainly discussed with the Colonial Office. S . W . J o n e s t o S i r G e o r g eM a x w e l l ( p r i v a t e ) , 2 0 J a n . 1 . 9 4 3 , P r i v a t e P a p e r s o f S i r G e o r g e l l a x w e l 1 , R o y a 1 Cornrnonwealth Society. C O 7 I 7 / 1 4 8 n o 5 3 0 3 8 / 4 6 , P u b l i c R e c o r d Offi ce ConfidentiaL "Note on a Colonial Office Mar. 1931, Clementi Papers. Conference", l0

7.

8.

9.

10.

11. 12. 15. 14. 15.

C O 2 7 3 / 6 6 7 n o 5 0 4 2 9 : S h e n t o n T h o m a st o L o r d M o y n e , 2 0 Aug. I941, Public Record Offi.ce. C f . n o t e 4 a b o v e . S o m eo p p o n e n t s o f t h e M a l a y a n U n i o n claimed that this extension of the FJA 1890 to the l{al4y S t a t e s a m o u n t e dt o i 1 1 e g a 1 a n n e x a t i o n , b u t t h e i r o n y was that the Malay Rulers could not contest it (or the validity of the MacMichael agreements which 1ay behind it) in the English Courts without themselves submitting and thereby abandoning their preto English litigation See the joint legal opini-on tensions of sovereignty. of Foster and Radcliffe, 14 May 1946, Maxwell Papers. Particularly since the 1948 treaties were couched in more careful terms than the previous ones, many of which were drafted in an extrernely amateur fashion.

16.

t4

L7.

Though Tunku Abdul Rahman, Chief Minister of the Federation, did attempt to negotiate with the communist leaders i n 1 9 5 5 , h i s m a j o r d e m a n dw a s t h e d i s s o l u t i o n o f t h e Malayan ComrnunistParty. Though after the failure of the Malayan Union they reand did not reBritish temitory, nained, technically, G o v e r n m e n t sp a r a l l e l ceive Heads of State and State with those of the other West Malaysian States until independence.

18.

l5

Johore
On the Portuguese conquest of Malacca in 1511, its last S u l t a n , M a h m u d ,f l e d t o J o h o r e w h e r e h e w a s l a t e r s u c c e e d e d by his younger son, Alauddin (the elder son having gone to Perak). Sultan Alauddin set up his capital on the Johore river and laid claim to the Malaccan inheritance - the Peninsula and the surrounding islands. Unable to oust the Portuguese from Malacca or to outrival Acheh in Sumatra, Johore steadily declined except for a brief revival in the first half of the seventeenth century, when, assisted by the Dutch, t h e S u l t a n a t e m a n a g e dt o r e - e s t a b l i s h c o n t r o l o v e r P a h a n g The fragility and parts of Sumatra. of Johorets strength was revealed, however, when, having been defeated by the Sumatra kingdorn of Janbi in 1673, her empire disintegrated and her capital was transferred to the Rhiau-Lingga Archipelago off the southern tip of the Peninsula. In their efforts to regain power, the Johore royal house (now the Rhiau Sult a n a t e ) b e c a m ei n c r e a s i n g l y d e p e n d e n t o n B u g i s r n e r c e n a r i e s , who, for most of the eighteenth century, dorninated Rhiau and used it as a base for operations elsewhere.. By the end of the eighteenth century the Johore empire had split into three main divisions: t h e S u l t a n h a d b e c o m et h e p u p p e t o f a B u g i s Raja Muda (under-king) whose effective rule was limited to the Rhiau-Lingga Archipelago, while the Sultan's mainland dominions were divided between two great officers of state: the Temenggongof Johore and the Bendahara of Pahang. The Dutch, who had captured Malacca in 164I, grew concerned over Bugis expansion and fought a series of wars culminating in the expulsion of the Bugi-sfrom Rhiau in 1784. The Dutch then dictated a tTeaty whereby they possessed the p o r t a n d K i n g d o mo f R h i a u a n d i n s t a l l e d t h e r e i n a R e s i d e n t and a garrison. Although the Malay Sultan had merely exchanged one overlord for another, he resented the tightening Dutch grip on his territory with the result that in 1787 he combined with Lanun pirates to drive away the Dutch. But the Sultan failed in his design: the Lanuns retunned home, the Bugis migrated to other states, and he himself was forced .into exile when the Dutch succeeded in recovering Rhiau. Dutch suprenacy was short-1ived, however, for, on the French occupation of Holland in 1795, Sta'dhouder Willian V placed t h e p o s s e s s i o n s o f t h e D u t c h E a s t I n d i a C o m p a n yi n B r i t i s h In hands for their safekeeping during the French wars. Rhiau the British removed the Dutch garrison, re-instated the Malay Sultan, restored the Bugis to power, and, incidentally,

l9

created the situation which R a f f l e s w a s l a t e r t o e x p l o i t negotiating the Purchase of Si-ngapore in 1 8 1 9.

1n

20

Note on the Johore Treaty of lP19 W h e nt h e T r e a t y o f V i e n n a , 1 8 1 5 , r e s t o r e d t o t h e D u t c h in the East Indies there was general their former territories concern in the British Settlement of Penang lest they should In try to re-impose their rnonopolistic trading policies. 1 8 1 8 C o l o n e l J a m e s B a n n e r m a n( G o v e r n o r o f P e n a n g ) s e n t W . S . Cracroft to secure guarantees of British trading rights with Perak and Selangor (see Perak Treaty of 1818, p.372 11. and instructed and Selangor Treaty of 1818, p.436 ff.), William Farquhar (Resident of Malacca until it was returned to the Dutch in the sameyear) to try and do likewise elsewhere. Farquhar was anticipated by the Dutch in Borneo but signed commercial treaties with Siak (Sumatra) and with the Raja Muda to Sultan Abdul RahmanShah of Rhiau-Lingga (Johore Treaty of 1818). The value of the treaty with Rhiau was questionable. Sultan Abdul Rahman- styled I'King of Johore, Pahang and Dependencies"and heir to the Empire of Malacca-Johore - was in fact powerless in the nainland State of Johore which for sometime had been ruled by its Temenggongs. Indeed, his authorj"ty was so reduced and his legitimacy. so uncertain that, only four months after Farquhar had concluded this treaty, Stamford Raffles signed one in which he recognised A b d u l R a h m a n r se l d e r b r o t h e r , H u s s e i n , a s t h e t r u e S u l t a n o f Rhiau-Lingga and hence of Johore (see Johore Treaty of February 1819, p.30 ff). Moreover, like the other treaties arranged by Bannerman in 1818, Farquharrs treaty with Johore did not prevent Holland from re-asserting her former control For, in the same and resuning her monopolistic practices. year, Sultan Abdul Rahmansigned a treaty with the Dutch who, in November,restored their Resident and garrison to Rhiau. F i n a l l y , B a n n e r m a n f sd i p l o m a t i c a r r a n g e m e n t s o f 1 8 1 8 w e r e largely superseded by the Anglo-Dutch Agreement of 1824 (see p.2BB ff) which left Johore, Perak and Selangor in Britain's sphere and Siak, Rhiau-Lingga and Borneo in that of Holland.

2l

JOHORE TREATY of t9 August, 1g1B Farquharrs CornrnercialTreaty'* Treaty of comrnercial Alliance between the Honourable the English East India conpany and His Majesty sri Sultan Abdul Rachmanshaw, King of Johore, pahang and Dependencies, settled on the part of the Honourable the East rniia company by l,lajor lVilliam Farquhar, Resident at Malacca, by virtul of the powers delegated to him by the Honourable John A l e x a n d e r B a n n e l r n a n ,G o v e r n o r o f p r i n c e o f w a l e s r I s 1 a n d , 2 and its dependencies, and on the part of His Majesty the Sultan of Johore, pahang, etc., Oy Uis Highness .lafilr Rajah Mudaof Rhio, in virtue of similar powers granted to him Ly H i s s a i d M a j e s t y , S r i S u l t a n A b d u l R a c h m a nS h a w .

Article

The peace and friendship now happiry subsisting between the Honourable the English East Indii-company and HIs Majesty S r i s u l t a n A b d u l R a c h m a ns h a w , K i n g o f . J o i r o r e , p a h a n g , sha11 be perpetual. "i..,' Article ii

The vessel-s and merchandise belonging to British subjects, or persons being under the protection of the Honourable the East India conpany shall ilways enjoy in the ports and dominions of Johore, pahang, Lingin,S ni.,lb, and others subject to his said Majesty, Sri sultan Abdul Rachnanshaw, all the privileges and advantages which are now, or may at any time hereafter be granted to the subj ects oi the most favoured nations. Article iii

The vessels and merchandise belonging to the subjects of h i s s a i d M a j e s t y s r i s u l t a n A b d u l R a c h m a ns h a , v s h a 1 1 a l w a y s receive sirnilar advantages and privileges in the harbour of Fort cornwallis, and in ar1 other places dependent on the B r i t i s h G o v e r n m e n to n p r i n c e o f W a l e s t I s l a n d . Artjcte iv

H i s s a i d M a j e s t y s r i S u l t a n A b d u l R a c h m a ns h a w , s h a l l not renew any obsolete and interrupted treaties with other For footnotes see p.23

22

nations, public bodies or individuals, the provisions of which may in any degree tend to exclude or obstruct the trade of British subjects, who further sha11 not be burdened with any impositions or duties not levied on the subjects of other States. Article v

His said Maj esty, Sri Sultan Abdul Rachnan Shaw further engages that he will, upon no pretence whatever, grant a monopoly of any articles of trade or commodities, the produce of his territories, to any person or persons, European, American, or native. Article vi

It is finally declared that this Treaty which according is meant for promoting the peace to the foregoing Articles, a n d f r i e n d s h i p , a n d s e c u r i n g t h e l i b e r t y o f c o m m e r c ea n d navigation between their respective subjects, to the mutual advantage of both, sha1l last for ever. In token of truth, and for the satisfaction of both parties, we have hereunto affixed our signatures and seals in Rhio, this nineteenth day of August, A.D. 1818, answering to the sixteenth day of the month Sawal, in the year of the Hegira 1233. of Rhiau.4 Chop of the RAJA MUDA

Seal of Major Farquhar. Si-gnature WILLIM FARQUHAR Resident of Malacca, and Commissioner on the part of the British Government A true copy: Signature JOHNANDERSON, Malay Translator to government.

FOOTNOTES
The text is taken from John Anderson, "An the Political and Conmercial Relations of of Prince of Wales Island with the States Coast of Sumatra", Penang, 1824, Appendix Exposi,tion of the Government of the East (reprinted xxvi

23

X i n J M B R A S X X V ,i v ) ie Penang. sc. Lingga.

.+.

[1962]).

See, however, fn.4

The Raja Mudawas described, in Andersonrs version, as the "heir apparent't of Rhiau. He was in fact the (a11powerful) Bugis Prime Minister.

24

Note on the Johore Treaties

and Docunents of 1819 (January,

Like Colonel Bannerman, Stamford Raffles was anxious to prevent the resurgence of Dutch power in the Peninsula and As Lieutenant-Governor Archipelago after the French wars. of Bencoolen and Governor-General's Agent (and hence independent of, and suspected by, the Governor of Penang) he was in 1818 instructed to secure the Straits of Malacca for British trade by establishing British interests in Acheh (North Sunatra) and founding a British trading-post somewhere in the Rhiau Archipelago. He was strictly enjoined neither to cause disputes with the Dutch nor to atternpt to occupy Rhiau should they already have done so. On the very day that these instructions were signed the Dutch signed a treaty with the Sultan of Rhiau-Lingga, but Raffles may have foreseen this for he received supplementary instructions authorising hin to negotiate with Johore if necessary and provided the Dutch laid no claim to it. Sti1l later instructions bade Raffles desist altogether from any attempt to found a British Settlement in the Eastern Archipelago, but these reached him after Singapore had been occupied. On 28 January, 1819, Raffles anchored in Singapore. The only resident authority was a Malay chief, the Temenggong, who was the loca1 ruler of Singapore Island and the modern state of Johore and, in theory, subject to the Sultan in Rhiau. Two days later Raffles made a preliminary treaty ( with the Temenggong Johore Treaty of January 18i9) on the assunption that a) the Dutch Treaty with Rhiau did not cover Johore, and b) the true Ruler of Johore was not Sultan Abdul Rahmanof Rhiau-Lingga (with whom the Dutch had signed their treaty) but his elder brother, Hussein. W h e nS u l t a n M a h m u d II had died in 1810, Tengku Hussein had been in Pahang (where he had been marrying the Bendaharars sister) and the Bugis Raja Muda Jaafar of Rhiau had installed Tengku Abdul Rahnan as the new Sultan. Although Farquhar had signed a treaty w i t h S u l t a n A b d u l R a h m a ni n 1 8 1 8 a n d a l t h o u g h R a f f l e s h i m s e l f had recognised hirn as Sultan in 1813, Raffles now produced a good deal of evidence in favour of Husseinrs claims to the Sultanate. Since Raffles had been authorised to deal only with the Sultan of Johore, he invited Hussein to be installed at Singapore as Sultan of Johore. The January Treaty was therefore followed by a more formal engagenent in February (Johore Treaty of February, 1819) to which Hussein, hastily sunmoned from obscurity, was a signatory. The Dutch, not surprisingly, were much upset by these

25

treaties: they claimed that their agreement with Rhiau covered the whole of the former Johore Ernpire, that Hussein was an imposter, and that Raffles had extorted the singapore treaties from him and the Ternenggong. Raffles replied that the Temenggongof iohore and the Bendahara of pahang had n e v e r r e c o g n i s e d A b d u l R a h m a na s t h e i r o v e r l o r d , t h a t h e h a d never been invested with the regalia, and that Hussein and the Temenggong ad been under no pressure whatever. h Rafflesr superiors in the Cornpany were extremely angry with him for exciting Dutch ire, but, not being altogether convinced of H o l l a n d r s c a s e , t h e y d e l a y e d a n y a c t i o n u p o n h e r d e m a n df o r Singapore. Time was on Raffles' side. As soon as it was realised what a potentially lucrative station singapore was (the value of its imports and exports in the first two years was said to be over $8,000,000 and its population, alleged to have been 150 at the beginning of 1819, was between l0 and 12,000 by August, 18201*)rny chance of its being returned t o H o l l a n d d i s a p p e a r e d a n d t h e C o m p a n yr a p i d l y a c c e p t e d i t as a pernanent possession. Raffles left Singapore the day after the signing of the F e b r u a r y T r e a t y t o d o s o r n el e s s s u c c e s s f u l d i p l o m a c y i n A c h e h . In June 1819 he signed certain 'arrangements, for the admini s t r a t i o n o f S i n g a p o r e ( J o h o r e D o c u m e n to f J u n e , l g f S l 2 w h i c h p r e s c r i b e d t h e r e l a t i v e p o w e r s a n d .p o s i t i o n s o f t h e Sultan, the Temenggong nd the Resident a little a rnore precisely. T h i s w a s a r n p l i f i e d b y a m e m o r a n d u rin I g 2 3 ( J o h o r e n D o c u m e n to f 1 8 2 3 ) ; b u t i - t w a s n o t u n t i l 1 8 2 4 , w h e n R a f f l e s had already 1eft, that the Island of Singapore was unequivocally declared British soil. This was the work of Farquharrs successor as Resident, John crawfurd, who was made directly a n s w e r a b l e t o t h e S u p r e m eG o v e r n m e n to f I n d i a i n s t e a d o f subordinate to the senior official in Bencoolen. crawfurd r e a l i s e d t h a t e v e n R a f f l e s t 1 8 2 3 m e m o r a n d u ma i l e d t o g i v e f what the Advocate-General of Bengal called *absolute cessation of the right of Sovereigntyrtalthough it camenear to doing so. He also wanted to clear up several points such as the possession of sma1l islands near to singapore where pirates were wont to 1urk, and if possible to ternpt both Hussein and t h e T e m e n g g o n g o f n e i t h e r o f w h o mh e t h o u g h t h i g h l y ) t o ( leave the station. crawfurd requested and received the C o m p a n y ' sa u t h o r i t y t o n e g o t i a t e a t r e a t y w i t h t h e S u l t a n and Temenggong f Johore whereby British sovereignty at o Singapore would be placed beyond dispute. This treaty (Johore Treaty of 1824) was signed on 2 August 1g24 and was ratified on 4 March 1825; the cession was finally approved by Parlianent in 1826. In that year crawfurd left ior Rang o o n a n d S i n g a p o r e b e c a m ep a r t o f t h e p e n a n g p r e s j - d e n c y . _ * For footnotes see p.27

26

1. 2.

L.A. MilIs, p 60.

British

Malaya 1824-67, Kuala Lumpur, 1966, a

M i l 1 s r e p o r t s t h a t Raffles returned to Singapore for second time only in 1822-23, ibid., p 60.

27

JOHORE TREATY of 30 January, 1819 Rgffles' First Singapore Treatyl*

Agreement made by the Dato TumunggungSree Maharajah, Ruler of Singapore, who governs the country of Singapore and all. the islands which are under the government of Singapore in his own name and in the nane of Sree Sultan Hussein Mahumnud Shah, Rajah of Joirore with Sir Thomas Stamford Raffles, Lieutenant-Governor of Bencoolen and its dependencies on behaLf of the Most Noble the Governor-General of Bengal. 0n account of the long existing friendship and commercial. relations between the English Companyand the countries under the Authority of Singapore and Johore it is well to arrange these matters on a better footing never to be broken.

Article

The English Company a n e s t a b l i s h a f a c t o r y ( 1 o g i ) c s i t u a t e d a t S i n g a p o r eo r o t h e r p l a c e i n the Government of S i n g a p o r e- J o h o r e .

Article ii

0n account of that the English Companyagree to protect the Dato Turnunggung sree Maharajah. A-rticte iii 0n account of the English Conpany having the ground on which to make a factory they will give each year to the Dato TumunggungSree Maharajah three thousand dollars. Article iv

The Dato Tumunggungagrees that as long as the English Companyremain and afford protection according to this Agreenent he will not enter into any relations with or 1et any other nation into his country other than the English. Article v

Whenever the S r e e S u l t a n , w h o i s o n h i s w a y , a r r i v e s here, alI matters of this agreement will be settled, but the

For footnotes see p.42

28

Eng1ish Companycan select a place to land their forces and all materials and hoist the English Conpanyrs flags. 0n this account we each of us put our hands and chops on this paper at the time it is written on the 4th day of Rabil Akhir in the year 1234.

SEA1 Of thc EAST INDIA COMPANY. Signature T.S. RAFFLES.

Chop of TEMENGGONG ABDULRAHMAN.

29

JOHORE TREATY of February 6, f819 Raffles Second Singapore Treaty2

Treaty of Friendship and Alliance concluded between the Honourable Sir Thonas Stamford Raffles, Lieutenant-Governor of Fort Marlborough and its dependencies, Agent to the Most Noble Francis, Marquis of Hastings, Governor-General of India, &c., &c., &c., for the HonourableEnglish East India Companyon the one part, and their HighnessesJ Sultan Hussain Mahunned Shah, Sultan of Johore, and Datoo TummungongSri Maharajah Abdul Rahman, Chief of Singapore and its dependencies on the other part.

Article

The Preliminary Article of Agreement entered into on the 30th of January, 1819, by the Honourable Sir Stanford R a f f l e s , o n t h e p a r t o f t h e E n g l i s h E a s t I n d i a C o m p a n y ,a n d by Datoo Tummungong Sri Maharajah Abdul Rahnan, Chief of Singapore and its dependencies, for himself and for Sultan Hussain Mahumned Shah, Sultan of Johore, are hereby entirely approved, ratified, and confirmed by His Highness the aforeShah. said Sultan Mahumrned Article ii

In furtherance of the objects contemplated in the said Preliminary Agreement, and in compensation of any and all the advantages which may be foregone now or hereafter by His Highness Sultan Hussain MahunnedShah, Sultan of Johore, i n c o n s e q u e n c eo f t h e s t i p u l a t i o n s o f t h i s T r e a t y , t h e Honourable English East India Companyagree and engage to pay to his aforesaid Highness the sum of Spanish Dollars five thousand annually, for, and during the time that the said Companymay, by virtue of this Treaty, maintain a factory or factories on any part of His Highnessr hereditary dominions, and the said Companyfurther agree to afford their protection to His Highness aforesaid as long as he may continue to reside in the innediate vicinity of the places subject to their authority: It is however clearly explained to, and understood by His Highness, that the English Government, in entering into this A1liance, and in thus engaging to afford protection to His Highness, is to be considered in no way bound to interfere with the internal politics of his States, or engaged to assert or maintain the authority of His Highness by force of arms.

30

Article

iii

His Highness Datoo Tummungong Sri Maharajah Abdul R a h m a n ,C h i e f o f S i n g a p o r e a n d i t s d e p e n d e n c i e s , h a v i n g b y Prelininary Articles of Agreenent entered into on the 30th of January, 1819, granted his ful1 permission to the Honourable English East India Company o establish a factory or t factories at Singapore, or on any other part of His Highnessr dominions, and the sai-d Companyhaving, in recompense and in return for the said grant, settled on His Highness the yearly sum of Spanish Dollars three thousand, and having received His Highness into their alliance and protection, a1l and every part of the said Preliminary Articles is hereby confirmed.
Article iv

His Highnessthe Sultan Hussain Mahummed Shah, Sultan of Johore, and His Highness Datoo Tumrnungong Sri Maharajah Abdul Rahrnan,Chief of Singapore, engage and agree to aid a n d a s s i s t t h e H o n o u r a b l e E a s t I n d i a C o m p a n ya g a i n s t a l l enemies that may assail the factory or factories of the e said Company stablished, or to be established, in the d o n i n i o n s o f t h e i r s a i d H i g h n e s s e sr e s p e c t i v e l y . Article v

His Highness the Sultan Hussain Mahumned Shah, Sultan of Johore, and His Highness Datoo TumungongSri Maharajah A b d u l R a h m a n ,C h i e f o f S i n g a p o r e , a g r e e , p r o m i s e , a n d b i n d themselves, their heirs and successors, that for as long t i m e a s t h e H o n o u r a b l e t h e E n g l i s h E a s t I n d i a C o m p a n ys h a l l continue to hold a factory or factories on any part of the dominions subject to the authority of their Highnesses aforesaid, and shall continue to afford to their Hi-ghnesses support and protection, they, their said Highnesses, will not enter into any Treaty with any other nation, and will not admit or consent to the settlement in any part of their dominions of any other power, European or American. Article vi

All persons belonging to the English factory or factories, or who shall hereafter desire to place themselves under the protection of its flag, shall be duly registered and considered as subject to the British authority.

3l

Article

vii

The mode of administrating justice to the native popuIation shall be subject to future discussion and arrangement betweenthe contracting parties, as this will necessarily, in a great measure, depend on the laws and usages of the various tribes who may be expected to settle in the vicinity of the English factory. Article viii

The Port of Singapore is to be considered under the immediate protection and subject to the regulations of the British authorities. Article ix

With regard to the Duties which it may hereafter be deened necessary to levy on goods, merchandize, boats or vessels, His Highness Datoo Tumungong ri Maharajah Abdul S R a h m a ni s t o b e e n t i t l e d t o a m o i e t y o r f u l l h a l f o f a l l the amount collected from native vessels. The expense of the port and of the collection is to be defrayed by the British Government. of Duties

Done and concluded at Singapore, this 6th day of February, in the year of Our Lord 1819, answering to the 19th day of the rnonth Rabi-ai Ahkir and year of the Hejira 1234.

Signature

T.S. RAFFLES,+ Agent to the Most Noble the Governor-General for the States of Rhio, Singapore and Johore.

32

JOHORE OCUMENT 26 June, 1819 D of Raffles'First M e m oo n t h e A d m i n i s t r a t i o n of SingaporeS

Be it known to all men, that we, the Sultan Hussain MahomedShah, Ungko Tumungong Abdool Rahman, Governor Raffles, and Major William Farquhar, have hereby entered into the following arrangements and regulations for the better guidance of the people of this Settlement, pointing out where all the different castes are severally to reside, with their families, and captains, or heads of their campongs.

Article

The boundaries of the lands under the control of the English are as follows: from Tanjong Malang on the west, to Tanjong Katang on the east, and on the land side, as far as the range of cannon shot, all round the factory. As many persons as reside within the aforesaid boundary, and not within the canpongs of the Sultan and Tumungong, are all to be under the control of the Resident, and with respect to the gardens and plantations that now are, or may hereafter be, made, they are to be at the disposal of. the Tumungong, as heretofore; but it is understood, that he will always acouaint the Resident of the same. Article ii

It is directed that all the Chinese move over to the o t h e r s i d e o f t h e r i v e r , f o r m i n g a c a m p o n gf r o m t h e s i t e o f the large bridge down the river, towards the mouth, and all Malays, people belonging to the Tumungong nd others, are a also to remove to the other side of the river, forming their c a m p o n gf r o m t h e s i t e o f t h e l a r g e b r i d g e u p t h e r i v e r t o wards the sourceArticle iii

All cases which may occur, requiring Council in this Settlement, they sha11, in the first instance, be conferred and deliberated upon by the three aforesaid,6 and when they sha11 have been decided upon, they shall be made known to the inhabitants, either by beat of gong or by proclamation.

33

Article

iv

E v e r y M o n d a yn o r n i n g , a t 1 0 o t c l o c k , t h e S u l t a n , t h e Tumungong, and the Resident shal1 meet at the Rooma Bechara; but should either of the two forner be incapable of attending, they may send a Deputy there. Article v

Every Captain, or head of a caste, and all Panghulus o f c a m p o n g sa n d v i 1 l a g e s , s h a l l a t t e n d a t t h e R o o m aB e c h a r a , and make a report or statement of such occurrences as may have taken place in the Settlenent, and represent any grievance or complaint that they may have to bring before the Council for its consideration on each Monday. Article vi

If the Captains, or heads of castes, or the Panghulus o f c a r n p o n g s ,d o n o t a c t j u s t l y t o w a r d s t h e i r c o n s t i t u e n t s , they are permitted to come and state their grievances thems e l v e s t o t h e R e s i d e n t a t t h e R o o m aB e c h a r a , w h o i s h e r e b y authorized to exanine and decide thereon. Article vii

No Duties or Custons can be exacted, or farms established in this Settlement without the consent of the Sultan, the Turnungong,and Major William Farquhar, and without the consent of these three nothing can be arranged. In confirmation of the aforesaj-d Articles, we, the undersigned, have put our seals and signatures, at Singapore, the 2nd day of the month of Ramzan,1234, answering to 26th June, 18f9.

S e a l o f SULTAN HUSSEIN S e a l o f TEMENGGONG ABDUL RAHMAN Signature Signature T.S. RAFFLES W. FARQUHAR True translation. Signature W. FARQUHAR, Late Resident.

34

of JOHORE DOCUMENT 7 June, 1823 Rafflesr Second Meno on the Administration of SingaporeT

Their Highnesses the Sultan and Tumungong aving solih cited that the Lieutenant-Governor wou1d, previous to his departure, Iay down such general rules for their guidance as may be most conducive to the general interests of Singap o r e , a n d a t t h e s a r n et i m e s e r v e t o d e f i n e t h e r i g h t s o f a l l parties, that there may be no dispute hereafter: The following rules are laid down by the Lieutenant-Governor, and concurred in by their Highnesses, to form the basis of the good understanding to be maintained in future:In order to contribute to the personal comfort and lst. respectability of their Highnesses, and at the same time to afford them an ample and liberal compensation for any advantage either expected or foregone by them, on account of port duties, tribute, or profits on monopolies, which are found to be inconsistent, and at variance with the principles m a i n t a i n e d b y t h e B r i t i s h G o v e r r u n e n t ,t h e i r H i g h n e s s e s a r e , fron the lst instant, to receive a monthly pa)'ment, His Highness the Sultan of 1,500 do11ars, and His Highness the Tumungong 00 dollars per month, on the following conditions:8 2nd. Their Highnesses to forego all right and claim to the monopoly of Kranjee and Baloo wood within Singapore, and the islets immediately adjacent, as well as all claims to presents and customs upon Chinese junks and Chinese generally coning and going. 3rd. With the exception of the land appropriated to theiT Highnesses for their respective establishnents, all land within the island of Singapore, and islands immediately adjacent, to be at the entire disposal of the British Government. 4th. As a further accomnodation to their Highnesses, the Resident will be authorized to advance such further sums of money as may be sufficient for the completion of a res p e c t a b l e r n o s q u en e a r t h e d w e l l i n g o f H i s H i g h n e s s t h e S u l t a n , a n d a l s o t o a s s i s t H i s H i g h n e s s t h e T u m u n g o n gi n renoving and establishing hirnself on the ground recently selected by him. sth. Under these arrangements their Highnesses will be relieved from further personal attendance at the court on every Monday, but they will always be entitled to a seat on the bench, and to all due respect when they think proper to attend.

35

In all cases regarding the ceremoniesof religion, 6th. and marriages, and the rules of inheritance, the laws and customs of the Malays will be respected, where they sha11 not be contrary to reason, justice, or humanity. In all other cases the laws of the British authority will be enforced with due consideration to the usages and habits of the people. 7th. T h e B r i t i s h G o v e r n m e n td o n o t i n t e r f e r e a t p r e s e n t in the loca1 arrangernentof the countries and islands subject to their Highnessesr authority, beyond Singapore and its adjacent islets, further than to afford them general urotection as heretofore.

Signature

T.S. RAFFLES

36

TREATYof 2 August, JOHORE C.rawfurdts TreatYS

1824

A Treaty of Friendship and Alliance between the Honouro able the engiistr East India Company n the one side, and their Highnesses the sultan and Tumungongof Johore on the other, .6n.1uded on the Second day of August, Olu Thousand Eight Hundred and Twenty-four (I824), corlespondi.ng with the Siittr day of the month of Sulhaji, in the year of the Hejira o n e T h o u s a n dT w o H u n d r e d a n d T h i r t y - n i n e ( 1 2 3 9 ) , b y t h e above Sultan of Johore, His Highness sultan Hussain Mahomed ShahandtheaboveTumungongofJohore,HisHighnessDato TumungongAbdul RahmanSri Maharajah on their own behalf' and by John Crawfurd, Esquire, British Resident of Singapore' vested with ful1 powers thereto, by the Right Honourable William Pitt, Lord Anherst, Governor-General of and for FortWilliaminBengal,onbehalfofthesaidHonourable English East India ComPanY. A.rticte.i peace, friendship, and good understanding shall subsist for ever between the Honourable the English East India companyandtheirHighnessestheSultanandTumungongofJohore a n d t h e i r r e s p e c t i v e h e i r s a n d s u c c e s s o r s' Article ii

TheirHighnessestheSultanHussainMahomedShahand Datu Tunungottg Abdul Rahman Sri Maharaj ah hereby cede in full sovereignty and property to the Honourable the English the E a s t I n d i a C o r n p a n y ,t h e i r h e i r s a n d s u c c e s s o r s f o r e v e r ' o f N ' l a l a c c a ,t o Island of Singapore, situated in the straits gether with the adjacent seas, straits, and islets to the said lxtent of ten geogiaphical miles, from the coast of the main Island of SingaPore. Article iii

T h e H o n o u r a b l e t h e E n g l i s h E a s t I n d i a C o m p a n yh e r e b y engages, in consideration of the cession specified in the lastArticle,topaytoHisHighnesstheSultanHussain thouS Mahomed hah, the sum of spanish Dollars thirty-three during sand two hundred (33,200), together with a stipend, his natural 1ife, of one thousand three hundred (1,300)

37

Spanish Dollars per mensem, and to Hi-s Highness the Datu TumungongAbdul Rahnan Sri Maharajah, the sum of twenty-six thousand eight hundred (26,800) Spanish Dol1ars, with a monthly stipend of seven hundred (700) Spanish Dollars during his natural life. Article iv

His Highness the Sultan Hussain MahomedShah hereby acknowledges to have received from the Honourable the English East Indja Conpany, in fulfilnent of the stipulations of the two last Articles, the sun of thirty-three thousand two hundred (33,200) Spanish Dollars, together with the first nonthly instalment of the above-nentioned stipend, of Spanish Dollars one thousand three hundred (f,300), and His Highness the Datu TumungongAbdul RahmanSri Maharajah also hereby acknowledges to have received from the Honourable the E n g l i s h E a s t I n d i a C o m p a n y ,i n f u l f i l m e n t o f t h e s t i p u l a t i o n s of the two last Articles, the sum of twenty-six thousand eight hundred Spanish Dollars (26,800), with one monthrs instalment of the above stipend of seven hundred Snanish Dollars . A-rticle v The Honourable the English East India Companyengages to receive and treat their Highnesses the Sultan Hussain MahomedShah, and Datu Tumungong Abdul Rahman Sri Maharajah, with all the honours, respect, and courtesy belonging to their rank and station, whenever they may reside at, or visit the Island of Singapore. Article vi

The Honourable the English East India Cornpany hereby engages in the event of their Highnesses the Sultan and Turnungong,their heirs or successors, preferring to reside permanently in any portion of their own States, and to remove for that purpose from Singapore, to pay unto them, that is to say, to His Highness the Sultan Hussain Mahomed hah, S his heir or successor, the sum of twenty thousand (20,000) Spanish Dol1ars, and to His Highness the Datu Tumungong Abdul Rahman ri Maharajah, his heir or successor, the sum S of fifteen thousand (15,000) Spanish Dollars. Article vii

Their Highnesses the Sultan Hussain Mahomed hah S

38

and the Datu Tumungong Abdul Rahman Sri Maharajah, in consideration of the payment specified in the last Article, hereby relinquish for themselves, their heirs, and successors, to the Honourable the English East India Company, their heirs to every desand successors for ever, all right and title c r i p t i o n o f i m m o v a b l ep r o p e r t y , w h e t h e r i n l a n d s , h o u s e s , gardens, orchards, or timber trees, of which their said Highnesses may be possessed within the Island of Singapore or its dependencies at the time they may think proper to withdraw from the said island for the purpose of permanently residing within their own States, but it is reciprocaliy and clearly understood that the provisions of this Article shall not extend to any description of property which may be held by any follower or retainer of their Highnesses beyond the precincts of the ground at present allotted for the actual residence of their said Highnesses. Article viii

Their Highnesses the Sultan llussain MahomedShah, and the Datu Tumungong Abdul Rahman Sri Maharaj ah hereby engage that, as long as they shall continue to reside within the Island of Singapore, or to draw their respective monthly stipends from the Honourable the English East India Company, as provided for in the present Treaty, they shall enter into no alliance and maintain no correspondence with any foreign power or potentate whatsoever, without the knowledge and consent of the said Honourable the English East India Conpany, their heirs and Successors. Article ix

T h e H o n o u r a b l e t h e E n g l i s h E a s t I n d i a C o m p a n yh e r e b y engages, that, in the event of their Highnesses the Sultan Hussain MahomedShah, and the Datu TumungongAbdul Rahman Sri Maharajah removing from the Island of Singapore, as contemplated in the 6th Article, and being distressed within their own territories on such removal, to afford them, either at Singapore or Prince of Walest Island, a personal asylurn and protection. Article x

The contracting parties hereby stipulate and agree, that neither party sha11 be bound to interfere in the internal disconcerns of the otherts governnent, or in any political or wars which may arise within their respective sensions territories, nor to support each other by force of arms against any third party whatever.

39

Article

xi

The contracting parties hereby engage to use every m e a n sw i t h i n t h e i r p o w e r r e s p e c t i v e l y , f o r t h e s u p p r e s s i o n of robbery, and piracy within the Straits of Malacca, as well as the other narrow seas, straits, and rivers bordering upon, or within their respective territories, in as fat' as the same sha11 be connected with the dominions and immediate interests of their said Highnesses. Article xii

Their Highnesses the Sultan Hussain Mahomed hah, and S the Datu TumungongAbdul Rahrnan Sri Maharajah hereby engage to maintai-n a free and unshackled trade everywhere within their doninions, and to admit the trade and traffic of the British nation into al1 the ports and harbours of the kingdom of Johore and its dependencies, on the terms of the most favoured nation. Artic le xiii T h e H o n o u r a b l e t h e E n g l i s h E a s t I n d i a C o m p a n yh e r e b y engages, as long as their Highnesses the Sultan Hussain MahomedShah and the Datu Tumungong Abdul Rahman Sri Maharajah shall continue to reside on the Island of Singapore, not to permit any retainer or follower of their said Highnesses who shall desert from their actual service, to dwel1 or remain in the Island of Singapore or its dependencies. But it is hereby clearly understood, that all such retainers and followers shall be natural born subjects of such parts of their Highnessesr dominions only in which their authority is at present substantially established, and that their names, at the period of entering the service of their Highnesses, shal1 have been duly and voluntarily inscribed in a register, to be kept for that purpose by the chief local authority for the time being. Article xiv

It is hereby mutually stipulated for and agreed, that the conditions of all former Conventions, Treaties, or Agreementsentered into between the Honourable the English East India Company nd their Highnesses the Sultan and a Tumungongof Johore, sha1l be considered as abrogated and annulled by the present Treaty, and they are hereby abrogated and annulled accordingly, always, however, with the exception of such prior conditions as have conferred on the

40

H o n o u r a b l e t h e E n g l i s h E a s t I n d i a C o m p a n ya n y r i g h t o r t i t l e to the occupation or possession of the Island of Singapore and its dependencies, as above-mentioned. Done and concluded at Singapore, the day and year as above written.

Signature Signature

SHAH SULTANHUSSEINMOHAMED J. CRAWFURD TEMENGGONG ABDULRAIIMAN

Seal or Mark Signature Signature Signature

AMHERST PAGET EDWARD F. FENDALL

Ratified by the Right Honourable the Governor-General in Council, at Fort William in Bengal, this Nineteenth day o f November, One Thousand Eight Hundred and Twenty-four. Signature GEO. SWINTON Secretary to Government

4l

FOOTNOTES We have not been able to locate any English-language original of this Treaty but a photograph or'what porports to be the original Irlalay version is to be found in C.B. Buckley, An AnecdotaL HistorA of Singapore. Singapore 1902. See F.A. Swettenham,British MaLaya, 1948, p 68. This is the version printed in M. & G. pp 116-17. See Sir C. Aitchison, CoLLection of Treaties, Engagements and Sunnuds" Vol.i (Calcutta 1862: new edition 1 9 3 1 ) , p p 4 2 4 - 4 2 6 , a n d l n { .f i ' c . p p 1 1 7 - 1 9 . The use of the honorific t'Highness't for a chief, even so independent a chief as the Tenenggong of Johore, is remarkable. The point was not missed. See Govt. of Indiars Despatchto Gov. Blundel1 of 4 Mar. lg5s q u o t e d i n F . A . S w e t t e n h a no p e d t . , p p g 2 - 5 . It is strange that no accessible sources record that either the Sultan or the Temenggong ither signed or e sealed this document; but we must assumethat they did, for otherwise the point would certainly have been discovered and raised at some tine. 5. 6. 7. Provenance: M. G G. pp I20-I2I. se, the Sultan, the Temenggong nd the Resident. a Bengal Political Consultations, Range123, Vo1.59: 52 of 5 Mar. 1824. M.& G. p 122 records that this rnemorandum is undated but was signed "about the beginning of June, 18231'. Mi11s, 1966, p 63, gives 7 June Ig23 as its date. Aitchison , Tz,eatt-es &c. 1, pp 428-431.

42

N o t e o n t h e J o h o r e T r e a t i e s a n d D o c u m e n t so f 1 8 4 0 , 1 8 5 5 1862 and 1864 When Temenggong Abdul Rahman, who had signed the 1819 and 1824 Treaties, died in 1825, the British accepted his son as Ternenggong and granted hin an allowance (although this had not been part of the terms of the 1824 Treaty) on the grounds that his father had not lived long to enjoy the monthly stipend promised him under Article iv of that Treaty. W h e nS u l t a n H u s s e i n d i e d i n 1 8 3 5 , h o w e v e r , a l t h o u g h t h e British granted his heir, Tengku A1i, a pension they did not imnediately recognise hin as Sultan. Ostensibly this was on the grounds of his youth, but the Governor in fact considered it "desirable to a1low the family to merge as quickly a s p o s s i b l e i p t o u n t i t l e d s t i p e n d i a r i e s r r a n d t h e C o m p a n yd i d not dissent.r As Tengku A1i grew older and the revenues of Johore (from which the Temenggong ffectivety excluded him) e increased, he began to petition for recognition, but the proclamation issued by the Resident Councillor of Singapore, T. Church, in 1840 (Johore 1840 Document) was ambiguous and was subsequently declared by the courts not to have amounted to recognition as Sultan. In 1847 Tengku A1i appealed again, but Major-General William Butterworth, Governor Straits Settlements 1843-55, was not sympathetic and once again the Company efused to consider his appeal. r In 1852 Butterworth went on two yearsrleave of absence was replaced by Edrnund 1undel1, Governor 1855-59, who B more sympathetic to the Tengku. rejected The Cornpany first appeal on Alirs behalf, but in 1853 he reported b o t h p a r t i e s h a d a g r e e d o n a c o m p r o m i s es o l u t i o n w h e r e -

and was his that by

. . . p r o v i d e d T u n k u A l i w i l l e n g a g en o t t o i n t e r f e r e at any tine with the Government of the country, he [the Temenggong] should agree to clear the way for his installation as Sultan, and make over to him half the revenue of the country, caLculating that'half at $300 per nensemfor three years, at^the expiration of which a new calculation to be made.z Blundell asked his superiors to confirn this arrangement. They replied unenthusiastically in March 1853 that they had "no concern with the relations between the Sultan and the Temenggongil and pointed out that the 1824 Treaty had recogr r [ T h e G o v e r n m e n to f nised them as joint rulers in Johore. 'their Highnesses the Sultan and TemengIndia] styled them, gong of Johorer.r' But they agreed that if Blundell's plan * For footnotes see p.44

43

were proposed and accepted by both sides it ficialtr. J

would be "bene-

Blundel1 took no further measures during the rest of the year (although according to his original proposal his compromise had already been accepted by both sides) and in 1854 Butterworth returned. At the end of that year he forwarded an agreement (Johore 1855 Treaty) far less favourB y t h i s h e b e c a m eS u l t a n , a n d h i s able to Tengku Ali. successors after him, and both he and his heirs received o f K e s a n g - M u a ro n t h e M a l a c c a b o r d e r . the smal1 territory He also received from the Temenggonga down payment in cash and $500 per month for life, but this was not to be conButterworth represented this tinued to his successors. as if it followed the terms already proposed by Blundell and it was accepted as such, although the rapid increase in J o h o r e r s r e v e n u e s ( a 1 1 o w e df o r b y a r e a s s e s s m e n t o f t h e Sultanrs allowance after three years in Blundell's plan) The Treaty made it far less generous to the new Sultan. and the State was signed in 1855, the Sultan installed, partitioned. s In 1862 the Temenggong igned a treaty with the Government of the Straits amendingcertain provisions of the 1824 T r e a t y r e g a r d i n g h i s e m o l u m e n t ss h o u l d h e w i s h t o l i v e o u t side Si.ngapore and making over certain lands to the Straits Government who were at the tine planning new docks and a In this treaty number of other changes in Singapore town. (Johore 1862 Treaty) he is described as "Sovereign Ruler of Johore" but signed hinself, apparently, only "Engku Temenggong Abu Bakarr'.

1. ) 3.

See Mills,

op.cit.,

p 182 ff.

Quoted i-n Swettenham, 1948, pp 91-92 Ibid. pp 92-e3.

44

of DOCUMENT 16 September, 1840 JOHORE Notification regarding Tengku A1i's Statusl*

Shah, Mahomed A1i, eldest son of the late lr{ahomed Sultan of Johore, having arrived at this Station, it is h e r e b y n o t i - f i e d t o a l l w h o mi t m a y c o n c e r n , t h a t h e i s looked upon by the British Government in every respect as the successor of his late father, and entitled to all the property upon the ground granted to the late Sultan by the East India Company, situated at Canpong Glam and more particularly adverted to in the 8th article of the Treaty entered into by the late Sultan with John Crawfurd Esquire as the Representative of the East India Company, on the 22nd d a y o f A u g u s t, 1 8 2 4 . By order of the Hon'ble the Governor

T. CHURCH Resident Counci,l lor .

Singapore, 16th September, 1840.

For footnotes see p.51

45

JOHORE TREATY of 10 March, 1855 Treaty between Sultan Ali and TemenggongDaing Ibrahim2

Treaty of Friendship and Alliance between His Highness Sultan A11y Iskander Shah bin Sultan Hussain Mahomed hah S and His Highness Datu Tl-rmungong Daing Ibrahim bin Abdul RahmanSri Maharajah, who are both equally desirous to compose and put a final end to the differences and disagreements which have heretofore subsisted between thern relative to their respective claims on the Territory and Sovereignty of Johore, and to establish and maintain peace, friendship, and thoroughly amicable relations between them from henceforth in all times to come. 1st. His Highness the Sultan A11y Iskander Shah bin Sultan Hussain Mahomed hah, for himself, his heirs and S successors, does hereby cede in full sovereignty and absolute property to His Highness Datu TumungongDaing Ibrahin Sri Maharajah bin TumungongAbdul Rahrnan Sri Maharajah, his heirs and successors for ever, the whole of the territory of Johore within the Malayan Peninsula and its dependencies, with the exception of the Kassangterritory hereinafter mentioned . 2nd. In consideration of the cession contained in the foregoing Article, His Highness Datu Tumungong aing Ibrahin D Sri Maharajah bin TumungongAbdul RahmanSri Maharajah does hereby agree to pay immediately after the execution of these Articles to His Highness Sultan Aljy Iskander Shah bin Sult a n H u s s a i n S h a h , t h e s u r no f f i v e t h o u s a n d S p a n i s h D o 1 1 a r s , and further engages that he the said Datu Turnungong Daing Ibrahim Sri Maharajah, his heirs and successors, shal1 and wil1, frorn and after the lst day of January, 1855, pay to his said Highness Sultan A11y Iskander Shah, his heirs and successors, the sum of five hundred Spanish Dollars per mensem. Srd. His Highness Datu TumungongDaing Ibrahin Sri Maharajah hereby withdraws all claim whatsoever to the said territory of Kassang, consisting of the lands lying between the river of Kassang and the river of Muar, and of which the said river of Kassang forms the boundary on the northward and that of Muar on the southward, and being part of the ancient territory of Johore, and consents that His Highness Sultan A1ly Iskander Shah, his heirs and successors, shal1 have and enjoy the same in full sovereignty and property for
CVCI.

46

4 t h . H i s H i g f r n e s sS u l t a n A 1 1 y I s k a n d e r S h a h f o r h i n s e l f , his heirs and successors, hereby agrees that the said territory of Kassang shall not be alienated or disposed of to any party or power, without the sarne being in the first place India Companyand then to His Highness offered to the East Datu TumungongDaing Ibrahim Sri Maharajah, his heirs or successors, on such terms as His Highness the Sultan A11y Iskander Shah, his heirs or successors, may be desirous to cede it to any one3 other party or power willing to treat for the sane. The subjects of each of the said contracting parsth. ties shal1 have full liberty to trade to, and pass in and out of, their respective territories, but sha11 be amenable for any crime or offence committed in the territory of either of the said contracting parties according to the law there in force, and each of the said contracting parties for hinself, his heirs and successors, hereby solemnly engages to do no act calculated or having a tendency to promote or foment disturbances within the territory of the other of them, but in all respects truly and faithfully to adhere to and observe the Engagementshereby entered into by them r e s p e c ti v e 1 y . 6th. The said contracting parties hereby'agree that any difference or disagreement that rnay arise between them on matters falling within the foregoing Articles 4 and 5 sha11 be referred to the final decision of the British Government of India, with whose cognizance the said contracting parties have entered into this Treaty. 7th. Nothing contained herein shal1 be taken or construed to modify or affect the provisions of the Treaty concluded on the 2nd day of August, 1824, between the East I n d i a C o m p a n y n d t h e i r l a t e H i - g h n e s s e st h e S u l t a n a n d a Tumungongof Johore.
Thi-s done and concluded at Singapore, the 10th day of March, in the year of Christ 1855. Seal of Seal of

TEMENGGONG BAKAR ABU SULTAN ALI4 Executed before:5

Signature

W.J. BUTTERWORTH, Governor, Prince of Walesr Island, Singapore and Malacca. . T. CHURCH, Resident Councillor.

Signature

47

of JOHORE DOCUMENT 19 December, 1862 First Arrangements for TemenggongrsProperty in Singapore6

TREATYentered into between the Hon'b1e Colonel Orfeur Cavenagh, Governor of Prince of Wales' Island, Singapore and Malacca, by authority of the Right Honourable the Governor-General of India in Council of the one part, and His Highness Datoh TumungongAboobakar, Sri Maharajah, Soverign Ruler of Johore, of the other part. Whereas, by Article 6th of the Treaty of friendship and alliance between the Honourable the English East India Companyon the one side, and their Highnesses the Sultan and Tumungongof Johore on the other, concluded on the second day of August, one thousand eight hundred and twenty-four, the said East India Companyengaged, in the event of the said Tumungongpreferring to reside permanently in any portion of his own States, and to remove for that purpose from S i n g a p o r e , t o p a y t o t h e s a i d T u m u n g o n g ,h i s h e i r s o r successors, the sum of Fifteen ThousandSpanish Dollars (815,000) and by Article 7th of the said Treaty, the sai.d Tumungong, in consideration of the said payment, did thereby relinquish for himself, his heirs and successors, to the Honourable the English East India Company, their heirs and successors, for ever, all right and title to every descript i o n o f i m m o v a b l ep r o p e r t y , w h e t h e r i n 1 a n d s , h o u s e s , g 4 T d e n s , o r c h a r d s , o r t i r n b e r t r e e s , o f w h i - c hH i s H i g h n e s s m i g h t be possessed within the Island of Singapore or its dependencies at the time he might think proper to withdraw frorn the said Island, for the purpose of permanently residing within his own states, and whereas it has been agreed that in consideration of His Highness Datoh TumungongAboobakar Sri Maharajah, for himself, his heirs and successors, renouncing all right and claim to the payment of the aforesaid sum of fifteen thousand Spanish Dollars (S15,000) and making over t o t h e B r i t i s h G o v e r n m e n tc e r t a i n p o r t i o n s o f t h e l a n d s o f which he is now in possession at Telloh Blangah, in the Island of Singapore, as shown in the plan hereto annexed, conprising the belt of land from the public road to the sea, bounded on the West by the land occupied by the Patent Slip and Dock Company, and on the East by the land belonging to the Peninsular and Oriental Steam Navigation Company, and a l l o w i n g t h e s a i d G o v e r n m e n tt o t a k e e a r t h f r o m t h e s i d e o f the hill to the North of Telloh Blangah Road, for the purpose of raising the 1ow ground so made over to the said Government, should the same be required for that purpose,

48

and also making over to the said Governnent the right to a carriage road along the Eastern Boundary of the Peninsular a n d O r i e n t a l S t e a n N a v i g a t i o n C o m p a n y r sl a n d f r o m t h e p u b l i c road to the sea, including the use of a suitable landing place, as also the pieces of land on Mount Faber occupied by the Flag-Staff, Barracks and Batteries, and a right of w a y t o t h e s a m e , t h e s a i d B r i t i s h G o v e r n m e n ts h a l l g r a n t unto His Highness, his heirs, executors, administrators and assigns, a title in fee simple to the remainder of the lands at Te11oh Blangah aforesaid in his possession, and that Articles 6th and 7th of the said Treaty sha11 in consequence be abrogated and annu11ed. Now it is hereby concluded and agreed by and between the parties to this Treaty:1st. That His Highness Datu TumungongAboobakar Sri Maharajah, for himself, his heirs and successors, doth hereby for ever renounce, release, and make over unto the British Government al1 clain and demand whatsoever to the said sum of fifteen thousand Spanish Dol1ars. 2nd. That it is nutually stipulated and agreed between the parties hereto that Articles 6th and 7th of the aforesaid Treaty, so far as they relate to any claims or rights between the British Government and His Highness Datu TumungongAboobakar Sri Maharajah, his heirs or successors, sha1l be considered as abrogated and annulled by this agreement, and they are hereby abrogated and annulled accordingly. Done and concluded at Singapore, the nineteenth day of December, in the year of the Christian Era, one thousand eight hundred and sixty-two, conesponding with the twentyeighth day of the month of Janadi-a1-Akhir, in the year of the Hejira, one thousand two hundred and seventy-nine. Signature Signature O R F E U R A V E N A G H ,o 1 o n e 1 , C C Governor of the Straits Settlements TEMENGGONG BAKAR ABU

49

of D J0HORE OCUMENT 15 August, 1864 Further Arrangements for Temen

4 ia

7a ift a-2 E .ur

$..o*

a 41

t'4a E* i
,,
> '1 tt t,

T o a l l t o w h o mt h e s e p r e s e n t s s h a 1 1 c o m e I , t h e H o n o u r able Captain James Burn, officiating Resident Councillor at Whereasby a Treaty entered inb Singapore, send greeting. at Singapore between the Honourable Colonel Orfeur Cavenagh, Governor of Prince of Walesr Island, Singapore and Malacca, by authority of the Right Honourable the Governor-General of British India in Council of the one part and His Highness Datu TumungongAboobakar Sri Maharajah Sovereign Ruler of Johore (the son and successor of his late Highness Daing o Ibrahim Tumongong f Johore, one of the parties to the within written Indenture) of the other part, dated the nineteenth day of December, 1862, the provisi,ons of the Treaty of 1824 in the within Indenture mentioned, referring to the lands at Tulloh Blangah in the Island of Singapore, also in the within written Indenture mentioned, are abrogated and annul1ed, and it is no longer necessary for the Government of British India to hold the piece of land, comprised in G o v e r n m e n tL e a s e L o t n o . I o f L e a s e N o . 6 9 m e n t i o n e d a n d assigned in the within written Indenture upon the trusts therein declared in relation thereto. And his said Hi-ghness Datu Turnongong Aboobakar Sri Maharajah has requested that the said piece or parcel of land shal1 be assigned in manner Now, know ye, that in consideration hereinafter rnentioned. of the premises I, the said officiating Resident Councillor at Singapore, by virtue of the powers and authority in that behalf in me invested hereby assign and set over unto Inche W a n A b d u l r a h m a no f S i n g a p o r e I n h a b i t a n t , t h e a c t i n g e x e c u t o r of the last will and testament of his said late Highness, o Daing Ibrahim Tumongong f Johore, all the within mentioned piece or parcel of land together with the appurtenances thereto belonging, to have and to hold the sameunto the s a i d I n c h e W a n A b d u l r a h m a na s s u c h e x e c u t o r a s a f o r e s a i d , his executors, administrators and assigns, for the remainder of the term of 999 years upon which the same is demised, freed, and discharged of, and from, t-he several trusts, provisoes, declarations and agreements concerning the same in the within written Indenture mentioned and contained. In witness whereof I, the said Honourable Captain Janes Burn, officiating Resident Councillor as aforesaid, have hereunto set my hand and seal of office this fifteenth day of August, in the year of our Lord One thousand eight hundred and s ixty- four .

50

Signature W i t n e ss e s

J . B U R N ,C a p t a i n , Off. Resident Councillor. GEOPERREAU J. BLUNDELL This 15th August, 1864

Registered No.2118. Signature

J. BLUNDELL, Head Clerk, Land Office.

FOOTNOTES and Foreign Proceedings, Range 197, Indian Political Vo1.53: Desp. no.3, 23 Jan. 1847.

2.

i . b i d . , R a n g e2 0 1 , V o 1 . 1 4 : N o s . 2 8 5 - 2 9 3 , 1 9 J a n . 1 8 5 5 ; s e e a l s o i b n d . , R a n g e2 0 0 , V o 1 . 5 2 , N o s . 1 7 8 - 1 8 3 , 1 0 F e b . 1854. This Treaty is reprinted as an enclosure in C0 273/416, File 8575 of 7 Mar. 1915 (in connection with the case of Studer vs. Johore) . The CO 273/416 text omits the word rrone" here. It does not appear to be a matter of much substance. N B : t h e T e m e n g g o n g t ss e a l t a k e s p r e c e d e n c e . S w e t t e n ham, 1948, p f00, records a story that Sultan Ali's seal was so "displeasedil with the Treaty that it was only affixed "under considerable pressure". Note: Butterworth witnessed Abu Bakarts seal while Church witnessed that of SuItan A1i.

6.

P r o v e n a n c e :M . G G . p p 1 2 9 - 1 3 0 . T h o u g h i t c l a i m s t o b e a Treaty we have classified it, like its successor, as a document. P r o v e n a n c e :M . & G . p 1 3 1 .

7.

5l

Note on the Muar Docunents of r877 l4 November 1 8 7 7 . 2 0 i, ii q 1t1

Se

e m b e r I 8 7 7 12 November 4 Octo r 1878 ,3D

By the 1855 Treaty, Sultan Ali bin Sultan Hussein had ceded to TemenggongDai-ng Ibrahirn all the territory of Johore except for Kesang or Muar which was given to A1i, his heirs and successors "in ful1 sovereignty and property for ever". Although Sultan Ali was provided with allowances frorn the Temenggongof Johore and later from the British Government, Nfuar itself produced scarcely any revenue for its new Ruler. Not only did Sultan Ali fall deeply into debt - sequesteri-ng sone of his land in Singapore and mortgagi-ng both his allowances for many years - but also he provoked a succession dispute, when, on his deathbed in 1877, he willed the Sultanate of Muar to an eleven-year-old son by his third wife, in preference to Tengku A1am, a man of about thirty who was Alirs eldest son by his second wife. Pending the settlement of the succession, Lieutenant Colonel A.E.H. Anson (Lieutenant-Governor of Penang and Officer Administering the Straits Government, 3 April-29 October 1877) invited Abu Bakar (the Ruler of Johore who was now styled Maharaja rather than Temenggong) to undertake the guardianship of Muar. Anson was anxious that Muar, which abutted Malacca, should be governed in'an orderly fashion. Since, in the afterrnath of the Perak War, annexation by Britain was out of the question and since he doubted the capabilities of either of A1i's sons, Anson hoped that the M a h a r a j a r s c o n t r o l o f M u a r w o u l d b e c o m ep e r m a n e n t i n s p i t e of the provisions of the 1855 Treaty. Like Anson the Colonial Office applauded the enlightened rule of the Maharaja of Johore and showed iittle regard for the terms of the 1855 Treaty. London was, however, genuinely concerned that the people of Muar should choose their own R u l e r ( N f u a rD o c u n e n t , 3 S e p t e m b e r 1 8 7 7 ) . Thus, the will of Sultan A1i having been discounted, London and local officials e m b a r k e do n a d i s c u s s i o n a b o u t t h e e l i g i b i l i t y of the el.ectors of a new Ruler and the correct procedure for his election. A r n e e t i n g o f t h o s e c l a i m i n g t o b e u a r i s ( h e i r s , h e a d m e no r , in this context, royal electors), which was held in Malacca shortly after A1i's funeral and which favoured Tengku Alam, was discounted by the Colonial Office. Again, the statement in support of the Maharaja made by a number of Muar chiefs, whornAnson had transported to Government House in Singapore, was felt by London to be equally inadequate, even though i-t

52

was later fortified by a letter from the Tenenggong of Muar and by a neeting between Anson and a few headmen in Seganat. Eventually, from a lj-st of twenty four names ten penghulus w e r e d e e m e de l i g i b l e t o e l e c t A l i ' s s u c c e s s o T . T h e s e h e a d men met in Muar on 9 Novenber 1877 and, in the presence of A.M. Skinner, decided unanimously in favour of the Maharaja o f J o h o r e ( M u a r D o c u m e n t , 1 2 N o v e m b e r1 8 7 7 ) . The discomfited Tengku Alam disputed the validity of this election and alleged that the electors had been subverted by the Maharaja during his "guardianshipt' of Muar. This the Maharaja strenuously denied. Certainly a number of suspicious circumstances are reported or hinted at throughout the official British correspondence on the Muar succession;r but in the end the Secretary of State considered that he had "no option but to acquiesce't in the fait accornpLt (Muar Document, 20 April 1878). The news was conveyed by word of mouth to Tengku Alam on l0 July 1878 and r e c o r d e d i n R o b i n s o n ' s l e t t e r s t o h i m a n d t h e l n { a h a r a j ao v e r a year after the death of Sultan Ali (l,4uarDocuments, 24 October 1878 i, ii, & iil). Thereafter, apart from some further disturbances in Muar in 1879, the Maharajars rule seens to have been accepted in the area. Unnerved by the disastrous consequences of interference in the Perak succession, the Colonial Office was for some years determined to avoid incurring responsibilities in other Malay States. The settlement of the Muar succession appeared to suit British requirements: it ensured the peaceful government of areas bordering British territory but it did not burden Britain with fresh administrative commitments. However, by mid-1878 metropolitan and Straits officials were beginning to doubt the advisabilj-ty of using the powerful Maharaja of Johore to safeguard British interests in Malaya. Moreover, although the British government felt bound to recognise the Maharaja in Muar, they began to wonder if he was really the people?s choice after all. Enbarrassment over the Muar case and over another election in Sungei Ujong helped to discredit the policy of non-intervention. In 1881 the Colonial Office sanctioned the resurnption of a cautious forward policy in the Peninsula.

FOOTNOTE In addition to the material published here a fuller selecti-on of relevant documents is to be found in CO 273/4L6, File 8575 of 7 Mar. 1915 where they were com-

53

piled in connection with the case of Studer us. Johore. S e e a l s o E u n i c e T h i o Rni*a'oh Dn1n'n", in the MALay P e n i n s u L a 1 B B 0 - 1 9 1 0uol I The Southern and Central States, Singapore $ KL, 1969, pp xxvi-xxxvi.
, U L A

54

of JOHORE: MUARDOCUMENT 3 September 1877 First Muar Despatch: Carnarvon to Anson (Acting Governor)I*

Straits

S e t t l e m e n t s N o ,1 9 8

Downing Street, Srd September, 1877

Sir, I have the honour to acknowledge the receipt of your despatch, No.212, of the 6th July, reporting on the death of Sultan Ali Iskander Shah of the Territory of Kesang. 2. I do not obj ect to the course which I understand you to have taken in requesting the Maharaja of Johor, as a temporary measure and pending the settlement of the succession, to undertake the guardianship of this snal1 State, as I gather that some such control is necessary; but the nature of the arrangement should be distinctly understood by all parties, and above all, there should be no ground for misapprehension on the part of the Chiefs and native population. 3. The good services of the Maharaja of Johor have been frequently experienced and recognized by Her Majestyrs Government, but I am not prepared, with the information I at present possess, to express any opinion respecting this disputed succession, but in making choice of one of the claimants, due attention should be paid to the custom of the country and the wishes of the people, as it would manifestly be inpossible, in order to reward political services, however meritorious they may have been, to impose any ruler upon the inhabitants of this Territory against their wishes. 4 . W h e nt h e c h o i c e h a s b e e n u l t i m a t e l y m a d e a n d a g r e e d to, the new Sultan should be inforned that the recognition h e w i l l r e c e i v e f r o m H e r M a j e s t y r s G o v e r n m e n tw i l l d e p e n d upon his personal merits and the character of his Adninistration, and that, as long as he governs his people properly, that recognition will be rnaintained. 5. If no danger is 1ike1y to arise from delay in the ultimate settlement of this matter, I think it desj-rable for you to postpone decision until the arrival of Sir W. Robinson in the Colony. * For footnotes see p.69

55

have, &c., Signature CARNARVON

To t h e Officer Straits Administering Settlements. the Government,

56

JOHORE: MUAR DOCUMENT 12 November 1877 of Letter from A.M. Skinner to Colonial Secretarv. Straits

Singapore, 12th November, 1877

Si r , In accordance with instructions, I embarked on board the Colonial steamer 'rPluto'r on Wednesday fternoon, and a cameto anchor at 2 miles from Kwala Kessang at 8 next morning (Thursday the 8th instant). A few minutes before 9 a.n. we arrived at the pJace prepared for the meeting, which was on the south bank of the River Kessang, and about half a mile inside the entrance. A shed had been constructed over the head of Mr. Lindrs road, with easy steps down to the river; and a passage profusely decorated with Pisangs and paln leaves had been erected from the landing-place to the Ba1ei,_which was also very prettily decorated. T h e T u r n o n g g o n ga n d h i s s o n w i t h t h e j Penghulus and a well dressed crowd of natives numbering about 200 received ne at the landing and conducted me to the Balei. T h r e e G e r m a ng e n t l e m e n w e r e a l s o p r e s e n t c o n n e c t e d with the new tobacco plantations in this district. I-lerr von Geelen, the Managerof Herr Lindfs plantation, Herr Lange, his assistant, and Herr Perser, nanager of Dr. Bentley's plantation at Padang. U p o n a r r i v i n g a t t h e B a 1 e i , t h e T u n o n g g o n gt o o k h i s seat near the end of the table. I sat on hi-s left nearer the centre and Ungku Andak and Inchi Andak took the chairs on the opposite side. The Penghulus ranged themselves to the right of the Tunonggong,and stood throughout the proceedings. I commenced y asking the Datu whether all the Penghulus b entitled to vote were present, and how many of thern there

A question also arose whether Ungku Andak was to have a voice in the proceedings on this occasion. The Datu said and Ungku Andak admitted that he was not one of the Penghulus, but the Maharajah?s Resident at Padang, an lnfluential officer

57

Under these circumstances while of the Johor Government. was going over the names of those entitled the Tumonggong to a voice in the election, I took the opportunity to invite the Johor officers, Ungku Andak and Inchi Andak, to step outWhen we were alone, I enquired how long they side with ne. had been at Kessang and Inchi Andak replied they had come in the I'Pulaiil on Saturday with the Tunonggong, the two Wans, and two or three of the Penghulus. They had come from Johor Bharu on the Friday before. Ungku Haji had cone too, but had returned in the steamer. Ungku Andak added that they were instructed to defer to ny wishes in every way, and I therefore pointed out to then the importance of securing an impartial and independent decision; and how their presence at the neeting night be misconstrued. They replied that if I thought they should return to Padang, This they they would do so, and I advised them to return. did almost at once and most cheerfully and good-naturedly. I returned to the Balei without then. The list of Penghulus was now agreed upon and it contained twelve names in addition to the Tunonggong, but I thought that after the Johore officers had gone a 1itt1e and I retime should be given for further deliberation: commended that the meeting should be adjourned until the following morning and fu11er consideration of the list was then. But before they separated I took the deferred till opportunity of explaining fu11y and clearly to all present t h e w i s h e s o f t h e G o v e r n m e n ta s e x p l a i n e d i n m y i n s t r u c t i o n s ; attitude and and I laid particular stress upon its inpartial its desire to obtain from the meeting a spontaneous expression of the Penghulus' real wishes. The Datu agreed in postponing the final decision till the next day, and shortly after the meeting broke up. The final meeting was appointed Friday, 9th Novembgf. for 11 a.m. at which hour I landed and proceeded to the The list of Penghulus entitled Balei as on the previous day. to a voice was first read out as follows:'I

WanSalten ] Wan Hassan J Datufs sons etc

2.

3.
A

Penghulu Merjan, Kwala Penghulu Adam, Tang. Gading Mentri Khamis Penghulus of S. Kessang

5.

58

6. 7. 8. 9. 10. 11. 12. 13.

Penghulu Samsu, Tassek P e n g h u l u S u d i n , Chohong Penghulu Sechu, Gemir Penghulu Seman,Reng. P e n g h u l u K a m a t , Jementah Penghulu Rahmat, Kundung Penghulu Rasim, S. Datu P e n g h u l u D a g a n gS u b o h , L e g e h Penghulus of Muar Penghulus of S. Kessang Interior

It was stated that WanSalleh and WanHassan should not have a voice in these proceedings except in the absence of Their case the Turnonggong,when they might represent him. is governed by the analogy of the Wanis which follows this ru1e. Tenku Alam and Tenku Sulong for example had before this admitted to me (though it made against their interests) that Tenku Sulong and his brothers could only be considered as llaris in the absence of Tenku Alam - and the rule is obv i o u s l y f o u n d e d o n t h e c o n m o ns e n s e v i e w t h a t t h e o p i n i o n o f a l l m e m b e r so f t h e s a m e f a n i l y i - s l i k e l y t o b e t h e s a m e different expressions of one and the same general interest. It was therefore a matter which could hardly be considered arguable; but of course it was not a question for me to decide and I left it to the Penghulus; merely asking the w Datu what Kampong ould best decide his sonrs Penghulu-ship and WanHassanrs. W h e r e u p o nt h e P e n g h u l u B e s a r r e p l i e d that they were not Penghulus at dI1, their pangkat (rank) a was different. To this the Tumonggong ssented, adding Wan Salleh was his eldest son. Then I asked if they could be classed with the "Penghulu besar-besarrr according to Malay custom, and the Penghulus with one accord said "No". He is a P e n g h u l uM e r j a n r s n a n e w a s a l s o q u e s t i o n e d . Javanese and the headman of the Javanese at Kwala Kessang Inchi Mat also claimed to be Penghulu of the Kwala, and had received from the late Sultan a written authority as Headman of the Javanese. M e r j a n t s I ' K w a s a "w a s a t J o h o r ( i f h e h a d one, which was doubted). It was clear that both were of inferior standing and authority to the other Penghulus and p after a good deal of hesitation on the Tumonggongrs art in making choice between them, he finally caught at a suggestion o f m i n e t o l e a v e b o t h t h e i r n a r n e so u t , a n d t h i s c o u r s e w a s apparently agreeable to the other Penghulus. I b e l i e v e t h e t e n P e n g h u l u s w h o s e n a m e s n o w r e m a i - n e do n

59

the least the list were the most independent and originally disposed towards Johor of all the 24 who appeared on the list at first. i I t h e n a g a i n a s k e d t h e T u m o n g g o n gf t h e s e w e r e a l l e n to vote, and the Tumonggongand the Penghulus affirmed titled My enquiries led that all entitled to vote were present. me to believe that the only Kampongnot represented was Pengkalan Kota in Muar, the Penghulu-ship of which was said to be vacant. W a nH a s s a n a t a s u g g e s t i o n o f m y M a l a y c l e r k ' s p r o p o s e d to take the votes seriatim, and the two Penghulus frrst appealed to replied that they wished the Maharaja to be their Raja. They also went on to give various reasons for This appeared to excite the Tumonggongrs their choice, impatience, for while one of them was sti11 speaking the into his own Tumonggong took the further conduct of affairs rrWhom you all do hands and jumping up, asked thern outright, wish to make Raja, is it the Maharaja?t' and they all replied f r s u k a r r( ' ? W e i s h t o ' r ) - a n d t h e n a g a i n n o r e d i s t i n c t l y , and w Maharajarr (rrWebow to the as it were one by one, I'Menyembah Maharaj ar') . The Datu then turned round and giving a sinilar declaration. me his hand made

The neeting then broke up and afterwards, while waiting for the steamer cutter, I took occasion to speak to several of the Penghulus separately, those of Chohong and Legeh in particular, and I am decidedly of opinion that their real wish in the matter had been expressed at the meeting. The Penghulus then took their departure one by one, and when I left the river their sails were dotted over the sea like so nany boats in a Regatta. I have &c. Signature A.M. SKINNER

The Honourable The Colonial Secretaryr Straits Settlenents.

60

of JOHORE: MUARDOCUMENT 14 November 1877 Second Muar Despatch: Robinson to Carnarvon4

Straits Settlements, No.339

Government House, Singapore, 14th November, L877.

My Lord, In continuation of my despatch, No.326, of the sth instant, I have now the honour to forward a copy of the instructions which I caused to be issued to Mr. Skinner on the occasion of his departure for Muar, together with a copy of the report sent in by that officer on his return. 2. Mr. Skinner appears to have acted with discretion, and I am not aware that I have much to add to his report. Your Lordship will observe that the election resulted in favour of the Maharaja of Johor. The close of the proceedings, after it had been decided who had a right to vote, is thus described by N{r. Skinner:rrWan asan, at a suggestion of the Temenggong,S ow H n proceeded to take their opinions seriatim. The Penghulu Besar and another replied that they wished the Maharaja to be Raja, and proceeded to give their reasons, This appeared t o i n c i t e t h e i m p a t i e n c e o f t h e T e m e n g g o n g ,w h o n o w t o o k matters into his own hands and jumping up enquired of them r W h od o y o u w i s h t o b e R a j a , i s i t t h e M a h a r a j a ? ' all, They replied, 'Suka' (rit is our wishr), and then again more distinctly as it were one by one they said 'Menyembah ahaM r a j a t ( r w e a c k n o w l e d g et h e M a h a r a J aa s L o r d ? ) . The Temenggong then turned round and extending his hand to me made a similar declaration." r r T h ep r o c e e d i n g t h e n c l o s e d , t h e P e n g h u l u s s h o r t l y afterwards took their departure in their respective sampans, and when I left the river their sails were dotted about the bay like so manyboats in a Regatta.t' 3. I have asked Mr. Skinner whether, so far as he can judge, the choice of the Penghulus was a free and spontaneous expression of their wish. He telLs me that he believes it was, and he traces the result to two principal causes:-

6l

First, that the rule of the late Sultan and his Wakil, the Temenggong,was not popular, and that there was a fear l e s t T u n k u A l a m ' s s u c c e s s i o n s h o u l d l e a v e t h e T e m e n g g o n gn i possession of the Wakil or administration of the country; and secondly, that the Maharajats provisional rule of this small State and the skill he has displayed in securing popul a r i t y a m o n gt h e p e o p l e h a v e s u c c e e d e d i n p r e - p o s s e s s i n g them in his favour. 4. Mr. Skinner does not believe that the Penghulus gave their votes under the influence of any fear, or of any misunderstanding as to the attitude of Government, though such a misunderstanding may perhaps have existed at first. He does not indeed feel sure that all his explanations succeeded in entirely removing it, or in making the impartiality o f t h e G o v e r n m e n tf u l l y c r e d i t e d ; but having taken some pains to ascertain the real feelings of the Penghulus, he is decidedly of opinion that, with a genuine anxiety to settle satisfactorily the future government of Muar, they agreed spontaneously in accepting the Maharaja of Johor for their Raja. 5. Tunku Alam is naturally dissatisfied at the result of the election. He called upon rneyesterday and urged many objections against it - that the Penghulus had voted under compulsion, that the relatives of the late Sultan, and not the Penghulus, were the proper persons to vote, (this raises a question as to the custom and node of election on which I have already submitted to your Lordship a Memorandum from Lieutenant-Governor Anson), and appealed to me as the R e p r e s e n t a t i v e o f H e r M a j e s t y r s G o v e r n m e n tt o s e e t h a t j u s tice was done to him. I explained to him ful1y and frankly t h e a t t i t u d e w h i c h H e r M a j e s t y r s G o v e r n m e n tw i s h t o s e e o b s e r v e d , w h i c h h e s e e m e dt o u n d e r s t a n d a n d a p p r e c i a t e . Without arguing the question raised, I pointed out to him how useless it would be for Her Majestyrs Government o recognize as the Ruler of the State any one who should fail to commandthe confidence of the country, and that, assuming the election to have been conducted in accordance with the Malay custom and 1aw, and the choice of the Penghulus to have been a spontaneous one, the interests of the State would probably best to be consulted by the recognition of the Maharaja as its Ruler; but I stated that if he had any representations to make for the consideration of Her Majesty's Government, and would send them to me in writing, I would forward them at the same time that I communicated to your Lordship the result of the election. I added that pending the consideration of the whole question by Her Majestyrs

62

Government, it was not my intention to propose any change in the Government of the State, and that the Maharaja, who had been requested by my predecessor to undertake the temporary guardianship of the State, would continue to administer its affairs provisionally and pending the final settlement of the succession. 6. If I receive any communication from Tunku Alam before the Mail leaves, I will forward it to your Lordship with this despatch. If not, I will forward it by the earliest possible opportunity, though for ny own part I doubt his being able to convince your Lordship that the proceedings involved any violation of the custom of the country, or that an unwise decision has been arrived at. I have, Gc., Signature W I L L I A MC . F . R O B I N S O N

The Right Honourable, The Earl of Carnarvon.

9! '

9^

Colonial Office

63

of JOHORE: MUAR DOCUMENT 20 April Third Muar Despatch:

1878

Hicks Beach to Robinsono

Downlng Street, April z)th, 1878. Sir, I find that no final opinion was expressed by my predecessor on the subject of the Muar Succession, and it is therefore necessary for me to address someobservations to you on several points brought to ny notice in the numerous Despatches which you have written on this subject since you a s s u m e dt h e g o v e r n m e n t o f t h e S t r a i t s S e t t l e m e n t s . 2. The events which occurred after the death of the late Sultan Ali of Muar, and which ultimately led to the election of the Maharaja of Johor as Ruler of Muar, took p l a c e b e f o r e I a s s u m e dc h a r g e o f t h i s D e p a r t m e n t , a n d I d o not feel called upon now to disturb the arrangements which have been carried out. 3. I concur in the views stated by Lord Carnarvon in his Despatch No. 2I5 of the 25th. Septernber, and especially in his expression of opinion that the inhabitants of Muar should be free to select their own Ruler without external influence and according to their own customs. 4. After reading the Despatches I cannot but observe that the candidature of the Maharaja of Johor had the appearance of being favoured from the cornmencement the Straits by G o v e r n m e n tw h i l e u n d e r t h e a c t i n g a d m i n i s t r a t i o n o f t h e L i e u tenant-Governor; and I am disposed to think that it would have been better not to invite the Chiefs to Governnent House at Singapore to discuss the subject, as I should have preferred the observance of complete neutrality l-n the snallest detail; a n d f o r t h e s a r n er e a s o n , i f p r a c t i c a b l e , it would have been better if the Regencyof the 1itt1e State had been placed, pending the election, in other hands than those of the powerful candidate for t.he right of succession. 5. But I restrict myself to dealing with acconplished facts, and I find that the Tenenggong and Penghulus of Muar met, and (whether or not in accordance with strict native custon is comparativel.y immaterial) unanirnously elected as their Ruler the Maharaja of Johor; I consider, therefore,

64

that I have no option but to acquiesce in what I trust the true choice of the people of Muar.

is

6. It appears from the Debate enclosed in your Despatch No. 374 of the 13th. Decernberhat Colonel Anson did not t consult the Executive Council during the transactions prior to and connected with the election. If this be true, I should wish to be furnished with some explanation of the matter. 7. I request that you will inform Tunka Alam that his letter, forwarded in your Despatch No. 365 of the Sth. December 1ast, was duly received but that the Temenggong and Penghulus of Muar having unaninously elected the Maharaja of Johor, I do not feel justified in any interference with the decision then taken. I have, &c. Signature M.E. HICKSBEACH

G o v e r n o r S i r W i l l i a m R O B I N S OE c N Straits Settlements.

9a qL

65

D JOHORE: MUAR OCUMENT 24 October 1878 (i) of Fourth Muar Despatch: Robinson to Maharaja of Johore/

Government House, S i n g a p o r e, 2 4 t h O c t o b e r , 1 8 7 8 . Si r , Adverting to the correspondence which passed between your Highness and myself in May last, with reference to your desire to make suitable provision for the family of the late Sultan Ali in the event of your Highness being recognized by Her lvlajestyrs Government as the future ruler of Muar, I have now the honour to inform you that I have received a despatch from the Secretary of State in which he inforns me that the Temenggongand Penghulus of Muar having unanimously elected your Highness to be their ruler, Sir Michael Hicks Beach does not feel justified in any interference with the decision then taken, and therefore acquiesces in what he trusts is the true choice of the people of Muar. 2. In rny letter of the 77th lvlay,acknowledging your Highness's letter of the 15th May, in which you forwarded a memorandum proposals made by your Highness for the of benefit of the family of the late Sultan, I stated that thoproposals appeared to me to be generous and proper, but that nothing more could be done until I should receive the despatch which I was then expecting from the Secretary of State on the subject of the Muar succession. Your election by the Chiefs of Muar having been acquiesced in by Her Majestyrs Government, as I have now had the honour to inform you, it only remains for ne to say that I am ready to undertake the of the amounts which your Highness has proposed distribution to place at my disposal for the benefit of the family of the late Sultan, and to request that you will be so good as to pay such amounts monthly to the Colonial Treasurer, who will receive my instructions as to the manner in which they are to be distributed. I have, &c., Signature W I L L I A MC . F . R O B I N S O N

66

DOCUMENT 24 October 1878 (ii) of JOHORE: MUAR Fifth Muar Despatch: Robinsonrs First Note to Tengku Alam8

Governrnent House, Singapore 24th October, 1878. , Tunku, With reference to our interview of 1Oth July, at which I indicated to you the decision of Her Majestyrs Government regarding the election of the Maharaja of Johor by the Chiefs and others of Muar State in November of last year, I have now, in pursuance of directions from the Right Honourable the Secretary of State for the Colonies, to make that your letter of the 26th known to you officially, November last, forwarded by me, was duly received by the Secretary of State, but that the Temenggongand Penghulus of Muar having unanimously elected the Maharaja of Johor to be the Ruler of Muar, the Secretary of State does not feel justified in any interference with the decision then taken, Her Majestyt Government having no further concern in this matter than to approve the choice of a Chief authority as made by the people after due deliberation. I have, Gc., Signature W I L L I A MC . F . R O B i N S O N

67

D of JOHORE: MUAR OCUMENT 24 October 1878 (iii) S i x t h l v l u a rD e s p a t c h : Robinson's Second Note to Tengku A1an9

Government House, Singapore, 24th October, 1878.

Tunku, I this day addressed a letter to you, informing you of the decision which Her Majesty's Colonial Minister had arrived at on the question of the late election cf the Maharaja of Johor at Kwala Kesang. 2, I have for sometime been considering what provisi-on cou1d, in such event, be made for the support and benefit of yourself and Sultan Alifs other descendants and relatives, and I am now happy to inform you that arrangements have been made by which the sum of $1,250, monthly, will be placed at my disposal to be distributed as I may think best for the maintenance of yourself and the other mernbersof your family. 3. 0f this sun, I propose that you sha11 receive monthly, from the Colonial Treasury, a sum of $700, on the understanding that you support, as I believe is usual in the fanilies of Malay Rajas, yourf mother,l0 Tunku Neh, your, sister, Tunku Sanboh, and your half brother, Tunku Mahmud.rr 4. I n a m e t h e s u r no f $ 7 0 0 i n y o u r c a s e a s i t i s t h e amount ($500) forrnerly paid by the Maharaja to your father, plus the amount which I think you ought to receive, in addi.tion, to enable you to support without inconvenience the a b o v e - n a m e d e m b e r so f y o u r f a m i l y . m 5. The renainder of the family sha1l be my care, and I should propose to apportion their allowances as follows:Inche Tunku " 'r " " Sarimbah Mansur Abdullah Fat imah Alipah Seripah
Zenap

It

$1 s 0 per mensem 100 iltl 100 ilrl ll 50 tl lt tt 150 ll 50 tt It tl 50

6. It is arranged that these allowances sha1l continue to be paid to yourselves and your descendants so long as Her M a j e s t y ' s G o v e r n r n e n ts h a l 1 d e e m p r o p e r , b u t o f c o u r s e t h e y

68

are liable, for just cause, to be discontinued should circumstances at any time render such a step necessarcy in the estimation of Goverrunent. 7. As soon as you inforn me that you and your relatives are prepared to take advantage of the arrangenent which I I shall have much have thus made for your and their benefit, pleasure in directing the Treasurer to issue the sums named monthly to the order of the persons entitled to receive then.
I have, Gc.,

Signed

W I L L I A MC . F . R O B I N S O N

FOOTNOTES
1.

CO 273/416no.8575, 7 Mar. 1915.

) 3.
+A

ie TemenggongIsmail

of Muar.

CO273/416 no.8575, 7 l,4ar.1915. This is a serious error in an anyway imperfect script - see preceding docunent. CO 273/416 no.8575, 7 Mar. 1915.
tn4n

5. 6.
I

tran-

8. s.
I0.

rbi.d. rbi.d.
r A c c o r d i n g t o a M e m o r a n d u me g a r d i n g S u l t a n A l i r s family and his affairs (enclosed in Anson to CO,4 Aug. 1877, ibid. ) Tengku Alam's mother was dead. If that was correct, this must refer to one of Sultan Alirs who was of royal other wives - presumably the first, daughters. blood but had only I t i s p r e s u m a b l y t h e T e n g k u M a h n u dr e f e r r e d t o b y S w e t t e n h a mi n B r i t i s h M a l a y a , L o n d o n , 1 9 4 8 , p 1 0 1 .

11.

69

Note on the Johore Treaty of 1885

Although in 1867 Governor Cavenagh had spoken of Johore as 'tvirtually under our protection"rr*and although most subsequent Governors had been favourable to the Maharaja, by the end of Robinsonts tenure of office doubts were being expressed about the real wisdom of Abu Bakarrs rule in Johore and of British reliance on him in Peninsular affairs generally. Robinsonrs successor, Sir Frederick Weld (Governor 1880-1887), continually impressed upon London the need for closer British supervision of the Maharajafs activities and suggested the appointment of a Resident on lines already accepted by Perak, Selangor and parts of Negri The Colonial Office were alarmed by Weldrs reSembilan. ports of the threat of foreign intervention in Johore, while it was felt that the Rulerrs advisers, Rodyk and Davidson, were pandering to his extravagance and involving him in some I n 1 8 8 5 t h e B r i t i s h G o v e r n m e n tt o o k very wild concessions. presence in London of both Abu Bakar and advantage of the Weld to negotiate a new treaty with the Maharaja, whereby they might exclude from Johore foreign concessionaries and curb the Maharajars claims to the overlordship of the historic Johore Empire (Johore Treaty, 1885). By this treaty Abu Bakar placed the foreign relations of Johore in British hands (where in theory their control had lain since 1862, see PahangDocument, 1862, p.343), undertook not to interfere in the other Peninsular States, and promised not to grant concessions to foreign Europeans c or European-owned ompanies. Provision was also made for a British officer to be appointed to Johore with powers Abu Bakar, how"similar to those of a Consular officerrr. ever, was no meannegotiator and the London authorities went to great lengths to soothe him. The Maharaja and his descendants were now recognised as Sultans of Johore (recognition which Abu Bakar had first sought in 1878); Johore was referred to as an "independent Statet' and given a formal finally, the promise of protection from external attack; British Agent on paper fell short of the British Resident envisaged by Weld (and seriously considered by London). In fact the British Agent was never appointed to Johore. The Sultan's success in evading this provision of the Treaty must be attributed to his skil1 in bargaining and to the close and useful friendships he formed while in London. One of his master-strokes was the establishment of the Johore Advisory Board, a group of well-connected British personages For footnotes see D, 7I

70

whose role was to advise him on how to rule in Johore: but, since they seldom visited the State and since His Highness was not obliged to accept their advice, they were much less of a threat to the Sultanrs independencethan a Resident or an Agent would have been. Partly because of the influence of his friends in London Sultan Abu Bakar managed to thwart the efforts of Weld and Sir Cecil Clementi Smith (Governor, 1887-1893) to inplement Article 3 of the 1885 Treaty and appoint a Consular Agent to Johore. In 1888 Cecil Smith that the idea of the Consular Agent should be recommended dropped and the Colonial Office decided to leave Johore alone during Abu Bakarfs lifetime. His death in 1895 reopened the question but London assured his successor, Ibrahim, that Britain would abide^by the engagements previously entered into with Johore.z If, as far as Johore was concerned, the Treaty of 1885 merely recognised the existing state of Anglo-Ma1ayrelations, it did play an important part in the extension of British control over Pahang. When in 1887 the Bendahara of Pahang saw that some form of concession to the British Government was unavoidable, he insisted upon a treaty modelled on the 1885 Treaty with Johore. This, he felt, would secure for him a more favourable position than that occupied by the Rulers of the west coast States (see PahangDocument, 1887,

p . s s o. )

Quoted in C.M. Turnbull, The Straits 67, London, 1972, p 287.

Settlements

1826-

See Thio, op.cit. , pp 100-113and 226-227.

7l

of 11 December 1885 JOHORE TREATY London Treatyl*

Agreement on certain points touching the relations of Her M a j e s t y r s G o v e r n m e n to f t h e S t r a i t s S e t t l e m e n t s w i t h t h e Government of the Independent State of Johore, made between the Right Honourable Frederick Arthur Stanley, Her Majesty's Secretary of State for the Colonies, on behalf of the Queen o f t h e U n i t e d K i n g d o mo f G r e a t B r i t a i n a n d I r e l a n d , E m p r e s s of India, and His Highness the Maharajah of Johore.

Article

T h e t w o G o v e r n m e n t sw i l l a t a l l t i m e s c o r d i a l l y c o operate in the settlement of a peaceful population in their and in the joint defence respective neighbouring territories, from external hostile attacks,2 and in of those territories the mutual surrender of persons accused or convicted of any crime or offence, under such conditions as nay be arranged between the two Governments. Article ii

His Highness the Maharajah of Johore undertakes, if r e q u e s t e d b y t h e G o v e r n m e n to f t h e S t r a i t s S e t t l e m e n t s , t o trade co-operate in making arrangements for facilitating and transit communication overland through the State of Johore with the State of Pahang. Article iii

I f t h e G o v e r n m e n to f t h e S t r a i t s S e t t l e m e n t s s h a l l a t any time desire to appoint a British Officer as Agent to li.ve withj-n the State of Johore, having functions sinilar to those of a Consular officer, His Highness the Maharajah will be prepared to provide, free of cost, a suitable site within his territory whereon a residence rnaybe erected for occuoation bv such officer. Article iv

Any coinage in the currency of the Straits Settlements, which may be required for the use of the Government of Johore, shaIl be supplied to it by the Goverrunent of the Straits Settlements, at Tates not higher than those at which For footnotes see p.74

72

s i m i l a r c o i n a g e i s s u p p l i e d t o G o v e r n m e n t so f t h e M a l a y as to Protected States, and under the same limitations amount. His Highness the Maharajah on his part undertakes t h a t t h e a p p l i c a t i o n s o f h i s G o v e r n m e n tf o r s u b s i d i a r y c o i n age shal1 be strictly limited by the legitimate requirements of the inhabitants of the State of Johore, and that the coinas age so issued shal1 be subject to the same limitations regards 1egal tender as are in force in the Straits Settlements. Article v

The Governor of the Straits Settlements, in the spirit of former treaties, will at all times to the utmost of his power take whatever steps nay be necessary to protect the Government and territory of Johore frorn any external hostile attacks; and for these or for similar purposes Her Majestyrs Officers shall at all tirnes have free access to the waters of the State of Johore; and it is agreed that those waters extend to three miles from the shore of the State, or in any waters less than six miles in width, to an imaginary line midway between the shores of the two countries.5 Article vi

The Maharajah of Johore, in the spirit of former treaties, undertakes on his part that he will not without the k n o w l e d g e a n d c o n s e n t o f H e r M a j e s t y f s G o v e r n m e n tn e g o t i a t e any Treaty, on enter into any engagement with any foreign or adninistration State, or interfere in the politics of any native State, or make any grant or concession to other than B r i t i s h s u b j e c t s o r B r i t i s h c o m p a n i e so r p e r s o n s o f t h e Chinese, Malay, or other Oriental Race, or enter into any political correspondence with any foreign State. It is further agreed that if occasion should arise for political correspondence between His Highness the Maharajah and any foreign State, such correspondence shal1 be concluded t h r o u g h H e r M a j e s t y r s G o v e r n m e n t , t o w h o mH i s H i g h n e s s m a k e s over the guidance and control of his foreign relations. Article vii

W h e r e a sH i s H i g h n e s s t h e M a h a r a j a h o f J o h o r e h a s m a d e known to the Governor of the Straits Settlements that it is the desire of his chiefs and people that he should assume the title of Sultan, it is further agreed that, in consideration of the loya1 friendship and constant affection His

73

H i g h n e s s h a s s h o w n t o t h e G o v e r n m e n to f H e r M a j e s t y t h e Q u e e n a n d E m p r e - s s ,a n d o f t h e s t i p u l a t i o n s c o n t a i n e d i n t h i s Menorandum, e and his heirs and successors, 1awful1y such ceeding according to Malay custom, shall in future be acknowledged as His Highness the Sultan of the State and territory of Johore, and shall be so addressed. I n w i t n e s s w h e r e o f t h e s a i d R i g h t H o n o u r a b l e F R E D E R I CA R T H U R K S T A N L E Ya n d h i s s a i d H i g h n e s s t h e M a h a r a j a h o f J o h o r e , h a v e , signed this Agreementat the Colonial Office, London, the eleventh day of December, one thousand eight hundred and eighty- five . Sj-gnature FREDERICK ARTHUR STANLEY, Secretary of State for the o Co1 ni es ABUBAKAR (in Jawi script) R O B E R T . W . H E R B E R TC h a i , r m a n , G , Johore Advisory Board. ABDULRAHMAN, Dato Sri Amardi-Ra'ia.

Signature

Witnesses

FOOTNOTES There is a copy of this Treaty in the National Archives of Malaysia, Kuala Lumpur. 0n account of this clause it was necessary to subrnit this Treaty for Foreign Office approval, and for the Foreign Office to lay it before the Queen (cp. the P a h a n g1 8 8 7 a n d S r i M e n a n t i 1 8 8 6 T r e a t i e s ) . For an important despatch regarding amendmentsto this clause, see CO 273/319, Anderson pr. to Lucas of CO of 22 Nov. 1906. See also the Johore Treaty of 1927, p.114.

74

Note on the Johore Constitution of 1895

The Johore Constitution of 1895 was the first written constitution of any Peninsular Malay State and the model for a t l e a s t o n e o t h e r ( e g T r e n g g a n uC o n s t i t u t i o n o f 1 9 1 1 ) . It was drafted by Sultan Abu Bakar's (British) legal advisers and promulgated by him shortly before his death in 1895 with several objects in view: to strengthen the position of his s o n a n d h e i r , w h o b e c a m eS u l t a n l b r a h i m , b y p r e s e n t i n g h i m a s a c o n s t i t u t i - o n a l m o n a r c h ; t o l i m i t t h e d a m a g eh i s i m petuosity might acconplish by forbidding him to give away or se11 too much of the Staters independencewithout consultation wj-th a State Council; to establish the succession, which had in Abu Bakarr-s own lifetime been much interfered with to the benefit of his own family; to clarify the position of the Council of N{inisters and State Council and their rights vis-d-vis the Ruler, especially in the matter of the size of the Ruler's allowance; to settle an order of rank and precedence which dependedat least partly on merit, as judged by the Ru1er, rather than birth; and generally to legitimise such things as the Staters motto, Coat of Arms and the other appurtenances of sovereignty. The British noted the Constitution with polite interest; they were anxious to obtain a correct translation but they do not appear to have taken it very seriously nor was there, it seems, anI question of British "recognitionrr or "ratificationil of the Constitution. In 1946, however, the British discovered that - whether or not they had officially recognised it - the 1895 Constitution naterially affected their relations with Johore. For, a few months after Sultan Ibrahim had signed away his soverignty to the British Crown (seeJohoreTreaty, 1945, p.12I), certain Johore Malays made a move to depose him under Article XV of the Constitution. Although the move collapsed and the Sultan retained his tit1e,1-the incident illustrates an extremely important point about the British system of rule-by-treaty in Malaya: that Britai-n could not be sure that her relations with the MaIay States would always be entirely dictated by bi-1atera1 agreements. A Ruler night, by a unilateral action such as the enactmentof a written constitution, place 1ega1 limi.ts on his dealings with foreign powers. The fact that Britain m i g h t c l a i n n o t t o I ' r e c o g n i s e ' rt h e s e l l r n i t s w o u l d s c a r c e l y affect the subjectsr conception of their Sultants legitimate authority. Only by ensuring that the Ruler's power to cede sovereignty was absolute - if necessary by preventlng such neesures as the Johore Constitution of 1895 - could the For footnotes see n,76

't5

British make the treaty system infal1ib1e. Otherwise they risked a situation developing where force might be required to keep a Malay Ruler on his throne, thereby making a nonsense of the notion of rule-by-treatrr. The 1895 Constitution was several times amended, the two most important occasions being in 1908 and 1912. In 1908 something like a bill of rights was included: "This amendmentprovided that no person could be deprj-ved of his liberty except in due course of 1aw, that the right of habeas corpus should be recognised, that no political pressure should be brought on judges and nagistrates, and that the Sultan should act honourably and irnpartially to all, governing according to law and maintaining the existing religion and the rights and liberties of the peop1e".z In 1912 a third Counci.l, the Executive Council, was constituted. The functions of this Council included the consideration of applications for agricultural and mining land and tenders for public works, the initiatj-on of legislation "and other matters of importancer'. The Ruler appointed its nembers, who sat at his pleasure, and could ignore their advice so long as he stated in writing his reasons for so doing. No amendments ignificantly affected Anglos Johore relations except the repeal of Article XV in 1959.

S e e J . d e V . A l l e n , T h e M a L a y a nU n i o n , N e w H a v e n , 1 9 6 7 , pp 35-35. Rupert Emerson, Malaysia - A Study in Direct and fndirect RuLe, Kuala Lumpur, 1964 ed, pp 205-206.

76

DOCUMENT l 4 S e p t e m b e r , 1 8 9 5 JOHORE of First S t a t e Const itut ionl*

(Trans 1at ion) Signature ABU BAKAR

Johore State Seal

In the nameof God, the Compassionate, the Merciful. Praise be to God, the Lord of the universe, and may the benediction and peace of God be upon Our Leader Mohamed and upon all His Relations and Friends. By the Grace of God Abu Bakar, of the State and territory of Johore and all its Dependencies, Sultan and Sovereign Ruler, Sovereign and Chief of the Most Esteened Family Order, and Sovereign and Chief of the Most Honourable Order of the Crown of Johore. Preamb e. I W h e r e a sW e , b y t h e r i g h t s a n d p o w e r s o f Our State and our prerogatives as Sovereign Ruler and Possessor of this State of Johore a n d i t s D e p e n d e n c i e st o g e t h e r w i t h t h e a d vice, concurrence and assent of all the M e m b e r so f O u r C o u n c i l o f M i n i s t e r s , a n d of Our Council of State and other Chiefs and Elders of the country, have deliberated, considered and declared that it is proper, expedient and suitable at the present time and age that We, in Our name and on Our behalf, and for and on behalf of Our Heirs and Successors, the Sovereign Rulers or Sultans of Johore, should make, create, found and institute, and grant, give, bestow upon and present to and for the use of the Government, subjects and inhabi-tants of Our Country, a Law and Regulation for the administration and management f the o State to be intituled " U n d a n g - u n d a n gT u b o h Krajaan," (the Laws of the Constitution of the State), which, enduring and continuing from generation to generation, shal1 become and form the Law of Our State, country,

For footnote see o.l0l

77

and people, and be an inheritance which cannot be altered, varied, changed, annulled, infringed, or in any way or by any act whatsoever repealed or destroyed: Declarati-on And whereas We, in Our name, and for and on Our own behalf, and for and on behalf of Our Heirs and Successors, the Sovereign, Rulers and Possessorsof this State, to wit, the Sultans of Johore, are pleased, willing and desirous to do what is above stated: And whereas likewise the Chiefs and Elders of Our State, in their names and for and on thei-r own behalf, and for and on behalf of their respective successor-s, and likewise all the inhabitants of Our Country and the subjects of Our State, and w i 1 l i n g , v o l u n t a r i l y d e s i - T o u s ,r e a d y , a n d obediently agreeable to support and join Us in such Our intention and wish, the s a m eb e i n g , s o t o s a y , t h e p e t i t i o n , i n tention and wish of all the said persons. And whereas because We Ourselves and the said persons are anxiously desirous to c o n m e n c et o i n s t i t u t e such "State Constitution" at this favourable time, We do t h e r e f o r e c o n m e n c et h e s a m e w i t h t h e p o i n t s , arrangements, and terms as stated hereunder, they being the things which Wethink, conand sider and regard to be principally primarily requisi.te to be the basis, guide, and nodel for the firm establishnent and proper arrangement of the government and administration of Our State. N o w t h e r e f o r e K n o wY e , a l l t h e s u b j e c t s of Our State, of all ranks, nationalities, and religions, a n d K n o wY e a 1 s o , a l l w h o are concerned with Our country, terri-tory, and native soi1, that verily, Wedo make and enact the thi-ngs stated hereunder as a true, real, firm, fixed and settled 1aw of Our country and State, that is to say, it shal1 be unlawful, unmanly, rebellious and criminal for any person to refuse to acknowledgeand neglect to obey it.

Declaration,

D e cl a r a t i o n ,

Royal Command.

78

DEFINITIONS F WORDS O (A1eph) t'Rajail means the Sovereign Ruler of the State and Territory of Johore and its Dependencies, namely, the Sultans Yang-di-per-Tuan (Paramount) of Johore. ( B a ) I ' W a r i - s r r( H e i r ) m e a n s t h e P r i n c e w h o is the Heir-Apparent to the throne. rrWaris yang Kedua" (Second Heir) (Ta) ineans the Prince who is one step below the Heir-Apparent. (Tha) I'Waris yang laint' (other Heirs) means any Prince eligible to take the place of either of the Second Heir (Heir-presumptive), or of the Heir-apparent, namely, one who can b e c o m eh e i r t o t h e t h r o n e , i n t h e event of those places and positions not being occupied. (Jeem) rrMentri-mentri'r (Ministers) means t h e M e m b e r so f t h e C o u n c i l o f State who hold State appointments and have charge of State duties, and are included in the number of the Council of Ministers.

THE LAW Definitions are also part of the Law. I. A11 the above Definitions are considered as forming part of the ilConstitution of the state", that is to say, wherever therein they have that constructlon.

THE SOVEREIGN AND THE GOVERNMENT The Sovereign must be a Malay of royal blood and a Mohamedan II. T h e S o v e r e i - g ns h a l l b e a p e r s o n o f the Malay nationality, of royal blood, a descendant of Johore Sovereign, a ma1e, and of the Mohamedan faith; and such shal1 also be the persons described as rrWarisr', and "Waris yang Kedua", and t'Waris yang l ainr'.

79

Descendants of Sultan Abu Bakar.

III. The Sovereign (after the present Sovereign) must be a descendant of the body and flesh and blood of His Highness Sultan and Sovereign Ruler Abu Bakar son of Almarhom Ibrahim, and he who is so acknowledged must be truly genuine and lawfu1ly begotten; and the descendant w h o s h a l l b e e l i g i b l e t o b e c o m et h e S o v e reign must be a son, grandson, greatgrandson and so on of the male line first one generation after another until the 1ast, that is to say, it shall not on any account be perrni-tted and it shal1 be unlawful to elect as Sovereign any person other than a descendant of Sultan Abu Bakar, so long as a descendant as above of His said Highness exists; excepting in the case of any such descendant of His Highness who may be considered and {etermined, after fuI1 and complete enquiry by the 'rSupporters of the Statet' as being ineligible to be made Sovereign, owing to his having some great and serious defect derogatory to the quality of a Sovereign, such as insanity, blindness, dumbness,or possessing some on accbunt of which he would base qualities law to not be permitted by the Mohamedan b e c o m ea S o v e r e i g n R u l e r . If at any time the linea1 descendants IV. of His Highness Sultan Abu Bakar should b e c o m et o t a l l y e x t i n c t , o r i f t h e r e s h o u l d remain one but he should be unworthy to be made Sovereign owing to the reasons defined in Section III, it shall be necessary to choose and appoint as Sovereign a Prince from arnongthe lineal descendants of Almarhom TemenggongIbrahim and again if t(rere should be none remaining or there should not be any of the 1inea1 descendants of AlmarhomIbrahim considered eligib1e, it shal1 be necessary to choose and appoint as Sovereign any person of the nale s e x f r o m a m o n gt h e l i n e a l d e s c e n d a n t s o f Almarhom Temenggong Abdul Rahman, and in either of the above cases the person to be appointed Sovereign shall truly be one of a c k n o w l e d g e dg e n u i n e a n d l a w f u l b l o o d .

Descendant of Almarhoms Ibrahim and Abdul Rahman.

80

\/ Supposing a time should arrive when Electing as there should not remain a single represenSovereign one not a descendant t a t i v e l e f t o f t h e d e s c e n d a n t s o f t h e t h r e e of Abu Bakar, Rulers mentioned in the last Section, or if there should be one, but who does not Ibrahim, or of possess the necessary qualifi-cations reAbdul Rahnan. quired by this Law and the Mohamedan Law, then the matter of choosing, electing, and appointing the Sovereign sha11 be left to the consideration, judgement and decision of the Council of State together with the but it is proSupporters of the Country; vided that the person to be taken, chosen, elected, and appointed by them as Sovereign, sha11 be a man of mature age, sound mind, a real Johore Malay, a subject of the State of Johore, professing the Mohamedan Religion, of freeborn and good blood, and a c k n o w l e d g e dt o b e l e g i t i m a t e l y a n d l a w fully begotten and in addition able to read and write his own language, and possessing a reputation, an understanding, a nature, temper, disposition, and deportment that are good and praiseworthy. And should the person taken, chosen, elected, and appointed Sovereign be not of Royal blood, it is understood that such a case sha1l be an excepti"on to the rule laid down in Section II, and sha11 be held to be 1awfu1. Treason of the lower heirs . If the Heir-Apparent, or Heir-PresumVI. tive of other heirs or any person of the lines of descent mentioned in the several foregoing sections sha1l do or shal1 attempt to do any thing or prosecute a plan or s c h e r n eo f a t r e a s o n a b l e n a t u r e a g a i n s t a person whose relative position with respect to the throne of Johore is nearer than his own, with intent to effect destruction of the nember or menbers of the Royal Family of such closer relationship in order that he himself or any other person of his line of descent, or any one of quite another blood nay by meansor reason or cause of s u c h t r e a s o n a b l e a c t b e c o m et h e S o v e r e i g n Ru1er, such as for instance the Heir Apparent conspiring against the reigning

8l

Sovereign, or the Second Heir against the Heir Apparent or against either one of the two, or the other Heirs, against the three, or against any of them, or a descendant more distant from the throne against a nearer descendant, according to the arrangements provided for in regard to the succession of the Sovereign from anong the several lines of descent, such an act sha11 be considered of exceeding wickedness and offence, and the punishment to be inflicted on any person or party so offending, if it be not that of capital punishment, shal1 be that of being banished from the country, and he or they with all his or their descendants, shall be regarded as having no further right whatsoever to inherit the throne of Johore, even though the vicissitudes of events under the Divine Will should, as it were, being the inheritance to them or their descendants. And likewise, such rights, if any, as they nay have received from the State, such as r a n k a n d m a i n t e n a n c e , ' s h a 1 1b e s t o p p e d a n d shall revert to the State. Title of the Heir to the throne. VII. The Heir-Apparent (as rnentioned in Definition Ba) is designated by the title of "Tunku Mahkota Johore" (Crown Prince of Johore), and that title has the neaning of Heir-Apparent to the Sovereign, and therefore may not be used by or applied to any Prince who has not actually been decided upon as the Sovereignrs Successor. VIII. The Heir-Apparent has no authority whatsoever to take part nor may he interfere in any affilrs of the country or Government, excepting only when he has the o command f the Sovereign which sha11 have been made known to the Council of Ministers; and such is also the case with regard to the Second Heir and the other heirs and relatives of the Sovereign.

The Heir to the throne may not interfere in State Affairs.

IX. The Sovereign The Sovereign if raised to the throne ca1led to the before he has completed the full age of throne as a minor'. t w e n t y - o n e y e a r s a c c o r d i n g t o M o h a m e d a n

82

reckoning, shal1 not be accounted an adu1t, and during the period of his minority, there shal1 be a person appointed to act as Regent, and such Regent shall be made and determined upon by the choice of the Ministers of State either from those of Royal blood or otherwise. Acts of the Sovereign during his minority. X. The Regent shall be held answerable for all the acts of the Sovereign during his minority i-n State affairs and if those acts should be contrary to custom a n d t h i s l a w t h e M e m b e r so f t h e C o u n c i l o f State shall have the right and power to remove the Regent and to appoint another in his place. XI. If the Sovereign sets out on any sea voyage or journey leaving the Territory of Johore, the distance to be traversed in order to arrive at his destination being five daysr sea voyage or.journey by the quickest mode of travelling and the estimated length of his absence in going and returning should not be less than thirty days, it shal1 be necessary to appoint before his departure a Regency with such arrangenents as shal1 be considered proper to be made at the time. And the member o r m e m b e r so f t h i s R e g e n c y s h a 1 l r e p r e s e n t the Sovereign in regard to such affairs of State as those in which it is customary for the Sovereign to be personal ly concerned. XII. If the Sovereign leaves the State and Territory of Johore for more than five (5) years from the time he first set out from his country and resj-des in a foreign place or places without suffering from any iLlness which may really prevent him from returning, or without there being any excuse or business or circurnstance which may necessitate his remaining sti1l longer away in a foreign country or countries, the Council of State sha11 have the right and power to hold a Meeting of Council to consider the matter until a decision shal1

If Sovereign going on a journey must appoint his Deputy.

The Sovereignrs prolonged absence from the country.

83

have been arrived at as to whether it is proper to wait longer for the return of the Sovereign, and if so, what length of tine it is proper sti1l to wait; or whether it is proper and necessary to take the view that he is actually not desirous to return at all and that such being the case his successor may be appointed and installed. A new Ruler being appointed. XiIL If owing to the non-residence of the Sovereign in the Country and Tenitory of Johore for a full term of five years, as stated in Section XII, a successor to him shall have been appointed and installed, the former shal I be regarded as having withdrawn himself from the State and his rights to and clains on the State, and his circumstances in respect of the State sha11 be the same as those of an Ex-Sovereign, and as such he sha11 cone under the law which determines and regulates matters relating to an Ex-Sovereign. XIV. If after the new Sovereign has been appointed and installed the Ex-Sovereign should return, that circumstance shall not render it compulsory on the new Sovereign to abdicate the throne and surrender the State rights to him again, if even his return should take place only one day after the appointment and installation of his successor. XV. The Sovereign may not in any manner surrender or make any agreement or plan to surrender the country or any part of the country and State of Johore to any European State or Power, or to any other State or nation, whether because he thinks it a trouble or a burden to him to be Ruler, or becausehe does not care to rule, or because he desires to obtain, take and accept any payment or pension from another nation or State; and this prohibition and restraint are likewise laid and decreed on all and every one of the heirs and relatives of the Sovereign. And if this prohibition

It is not necessary for the new Ruler to abdicate in favour of the Ex-RuLer.

The Sovereign may not cede the country to another State.

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and restraint be resisted, or an attempt made to resist them, by the Sovereign himself, he shall be treated as guilty of betraying the trust reposed in him by God, in which case the people of the country shal1 be under no obligation to continue any longer their allegiance to him; and if by a relative of the Sovereign, he shal1 be considered to have committed high treason against the Sovereign and the State, and shal1 be liable to any punishment which it may be deened proper to award. The l'{inisters and the Supporters of the Country may not cede the countTy to another State. XVI. The Ministers and the Supporters of the Country likewise may not in any manner negotiate or rnake any agreement with any European or other Power or State with a view of ceding the country and State of If they should transgress or Johore. make any attempt to transgress agai-nst they sha11 this prohibition and restraint, be arnenable to the penalty incurred by persons guilty of high treason against the Sovereign and the State, and all such offenders may be punished with a punishment suitable to their crime. XVII. If the Soverei.gn, at any time during his occupation of the throne, does not any longer wish to be Ruler, and so desires to abdicate and to relinquish his Royal rights and powers, owing to any reason whatsoever, reason which he may or may not be willing to explain, he may give up and cease to be Ru1er, with the right to reside wherever he chooses, either in the Territory of Johore or in any country in a state of amity and not at war with th6 State of Johore. XVIII. If at the time the Sovereign wishes to abdicate and withdraw from his Sovereignty, he is in his own country, the Royal commandin regard to and the token and evidence of such act shall be made in writing, sealed with the great Seal of State, and signed with the sign manual of

The Sovereign wishing to resign his throne.

Mode of procedure in the case of the Soverelgn wishing to resign the throne.

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the Sovereign himself with at least three Ministers of State present to witness the same with their signature; and this event must be made known and published by the Council of Ministers to the inhabitants of the country as soon as possible, together with the inforrnation as to who is to succeed him, that is to say, if his successor sha11 have already been definite1y known in accordance with the arrangenent provided for by this 1aw in that respect. The Sovereign wishing to resign but is absent from his own country. XiX. If the Sovereign at the tine he wishes to abdicate and withdraw fron his Sovereignty is not in his country, that is to say, that he is in a foreign country, it is not required that this act on his part should be in accordance with the arrangernents stated in. the foregoing Section; but such arrangements only as nay be proper and considered legal shal1 be necessaty to be made in the natter of determining and witnessing his retirement from his Sovereignty.

The Ex-Ru1er may X X . The Ruler who has withdrawn himself interfere not and retired from the Sovereignty, as stated in State in Sections XIII and XVII may not in any affairs. way interfere or inter-meddle, or have a voice in any affairs of the country and State, whether he resides in the territory of Johore or in a foreign country, except at the request of his successor the reigning Sovereign assented to by the Counci-1 of State, or at the request of the Council of State consented to and approved of by the reigning Sovereign. The Ex-Ruler has the right to an allowance for life. XXI. The Ex-Ru1er whether he resides in the territory of Johore or not, shall have the right to get for his maintenance an allowance out of the revenue of the country of not more than a quarter of a fourth part of the sum fixed for his maintenance when he was the reigning Sovereign, and shall also have the right to get a suitable house for his residence, if he resides in the

86

Territory of Johore and provided the 1ocality is considered a suitable one, and such allowance sha11 continue until his demise, and such residence shall, after his demise, be given and becone a heritage to his heirs in accordance with the Mohamedan Law. It is a great offence for the Ex-Ruler to instigate the people to r e b e1. XXII. If the Ex-Ruler mixes, or interferes, or interposes his voice in any State affair under conditions other than those stated in the foregoing Section XX, the Government sha1l have the right to discontinue his allowance, and the length of time for each discontinuance shall be left to the consideration, of the reigning Sovereign and And if the Ex-Ruler the Council of State. incites the people to rebel, or conspires with any person or foreign State with intent to create or cause injury to the country or to the interests of the country the Government shall have the right to stop his allowance and to look upon and treat him as an offender against the State. No relative of the Sovereign may in XXIII. any manner claim, nor shall it be obligatory or advisable to accept the claim that he may be appointed, or made or given the of "Raja Muda" or "Bendahara" or title I ' T e m e n g g o n go r a n y o t h e r t i t 1 e , w h i c h i n " former times existed or were commonly used But the Sovereign, in the State of Johore. with the concurrence of the Council of State, has the right to appoint, create and nominate from among his relatives whether distant or near, a Raja Muda, or Bendahara, or Temenggong, or any two of them, or all three of them; but in such cases everything as regards the rank, positions, function duties, powers, and rights of the persons, appointed, and other and details such as whether such titles ranks are hereditary or not shall be in the power of the Sovereign with the concurrence of the Council of State to settle and determine at the time of appointing the And further, and creating them.

Claim to be appointed "Raja Muda" "Bendahara'r. The sovereign has the right to appoint the same.

87

Sovereign sha11, with the concurrence of the Council of State, have the right and fault power to degrade them if sufficient or offence shal1 have been committed by them to render the same exnedient. Rank and offices of the "Raja Muda", 'rBendaharail and 'rTemenggongrr. XXIV. If there is a Raju ,rdu and Bendahara and Temenggong, it sha11 be understood in respect of al1 three of them that they are included among the Members of the C o u n c i l o f S t a t e a n d t h e C o u n c i - 1o f M i n i s ters, and their order of precedence in respect of one another shall be in the order of their titles as herein mentioned. XXV. With regard to the Sovereign, who, by the Grace of God the Most High, and the blessing of the Prophet Mohamed on whom be the benediction and peace of God - is stil1 reigning, (that is to say, We, Abu Bakar, the Sultan of the State and Territory of Johore, who, by the will and pleasure of the Lord of the Universe, have aided in rnaking the State of Johore what it is now, for which We offer up to God Our innumerable thanksgivings), it is with the voluntary approval and consideration of Our Council of State determined that no fixed sum of money should be put aside for Our expenses on account of Our Royal Residences and for Our personal maintenance; but We do hereby make a firrn and manifest 1aw and regulation that, verily, with regard to the Sovereign of Johore who come after us, they may not any one of thern in any manner whatsoever take and appropriate for his own use one single doit more than the sum which shall be fixed frorn time to And in view time by the CounciL of State. of this rnatter We on the other hand do hereby make a firm and manifest law and regulation that the sum of moneywhich shall be fixed for the maintenance of the Sovereign sha1l actually be reasonable, adequate and suitable to the rank, position and digand that in nity of the Sovereign Ruler; the arrangement for fixing the amount of the Sovereignrs allowance no account shall

The Sovereignrs a 1l o w a n c e .

88

in any way be taken of any income of the Sovereign derivable from his own personal estates and properties and those which are not the property of the State. The Sovereign's relations who are entitled to maintenance. XXVI. The allowances for the maintenance of the Sovereignrs relatives shal1 be left entirely to the judgement of the Sovereign with the advice and concurrence of the Council of State as regards the fixing of the different sums for the same, and the relatives of the Sovereign who are recognised as having a right to receive allowances for their maintenance are as under:(1) The Consort of the Sovereign who bears the title of Sultana or Permeisuri; (2) The sons and daughters of the Sovereign; (3) The Royal brothers and sisters the Sovereign; of

(4) The Royal uncles and aunts of the Sovereign; (5) The nephewsand nieces of the Sovereign whose fathers or mothers, being the Royal brothers or sisters of the Sovereign as mentioned in Class 3, are dead. If there are two or more of them, they may get at least half of the allowance granted to their deceased father or mother, which sha11 be divided amongst them in an equitable manner as a gift of the State for their maintenance, especial and particular consideration to be given to the case of such nephewsand nieces of the Sovereign who are young or of nieces who are unmarr'i o'l

Others than those herei-n mentioned have not any right whatever to expect maintenance from the State, but if it should be granted to them, it sha11 be entirely considered as the outcome of the regard and consideration of the Sovereign with the advice and concurrence of the Council of State.

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By the Sovereign is neant the reigning Sovereign or a deceased Sovereign. Princes who are officers of State. XXVII, Princes who hold appointments in the State, ilay be entitled to the salaries attaching to such appointments, even if they should be in receipt of an allowance from the State, their case being under such c i - r c u m s t a n c e st h e s a m e a s o t h e r o f f i c e r s .

COUNCIL F MINISTERS O Mini st ers XXVIII. The Ministers shal1 be appointed from among the principal of the officers State, and shal1 be, ex-officio, Members of the Council of State. Every officer whose position is understood to be that of a minister must have the Royal word of command of the Sovereign stating and declaring the same in order to render his rights and rank vali-d. XXIX. The number of the Ministers shal1 not be less than eight and not more than twelve persons; and the title of the Chief of the Minj-sters besides his other titles, if any, shall be "Mentri Besarrt, (Prine Minister) and he shal1 be the President of the Council of State. XXX. The Ministers must be of the Malay nationality and Johore subjects, and of the Mohanedan eligion; r and the force of the law shal1 be retrospective that is to say, if there should be a Minister who is not subject and reliof the said nationality, gion, his position sha11 not be 1egal from the ti"me of the promulgation of thi-s 1aw, and shal1 require to be made legal by such arrangements as may render it so. XXXI. Every officer appointed to be a Minister shall take the oath, and the oath shall be attested by his signature to be written in a book provided for the purpose, in the presence of two witnesses from among the officers of the State, declaring himself

Number of Ministers.

Nationality and religicn of Ministers

Ministers to take the oath.

90

to be truly a person of the Malay nationa1ity, a Johore subject, and a Mohamedan, and acknowledging his allegiance to the Sovereign and the State. Deficiency of Members in the Council of Ministers. XXXII. If there is a deficiency in the number of the Council of Ministers, it may be madeup again in this manner: either by a choice made by the Sovereign and assented to by the Council of Ministers, or by a choice made by the Council of Ministers approved and acknowledged by the Sovereign appointing any officer and adrnitting him into the Council of Ministers shal1 be in writing which shall be sealed with the Great Seal of State and which s h a t l a t t h e s a m et i n e s t a t e t h e t i t l e of his office. XXXIII. If the Sovereign and the Council of Ministers should each independently select a person to make up. the number in the Council of Ministers and they differ in their respective choice, that is to s&y, their choice be not the same the natter shall be left to the Sovereign with the advice of the Prime Minister, and the Deputy Prime Minister for consideration and decision as to which of the two persons it is suitable and judicious to admit. XXXIV. The choice and appointnent of the Prime Minister is absolutely the right of the Sovereign, and the selection of the Deputy Prime Minister is the right of the Council of Ministers, but it must likewise have the approval of the Sovereign before it is declared as legal and settled. XXXV. No person can be appointed Prime Minister or Deputy Prine Minister who has not already been included in the number of the Principal 0fficers of the State, and who has not been a Member of the Council of State.

The Sovereign and the Council of Ministers making up the deficiency in the Council of Ministers.

The Prime Minister and the Deputy Prime Minister.

Qualifications for the post of Prine Minister and Deputy Prime Minister.

9l

Ministers may ask permission to resign their appointments.

XXXVI. The Prime Minister, Deputy prine Minister, and other Ministers have each of thern the power to ask permission to resign the Council of Ministers, and if his request is granted he may resign; but the fact that he has withdrawn from the CounciL of Ministers sha1l not render it necessary that he should also retire from the Council of State except it is his own wish, and then only if his request is granted. XXXVII. Any Principal Officer who has been a rnember f the Council of Ministers and o has retired therefrom i.n the manner set forth in the above Section, shall always be eligible for re-election and re-admiss i o n t o t h e m e m b e r s h i po f t h e C o u n c i l o f Ministers and Council of State.

No officer can be compel1ed to becomea Minister.

XXXVIII. It is not compulsory for any officer to obey the Royal commandadrnitting hin into the Council of Ministers of the Council of State, nor is it necessary for him to give the reasons for his unwillingness.

Ministers need XXXIX. It is not obligatory that any n o t b e p o s s e s s e d o f f i c e r w h o b e c o m e sa M i n i s t e r , e v e n i t b e of a title. the Prirne Minister, or Deputy prime Minister,
should have the title of 'rDator', whether the title of a Dato of State or a Dato of any order conferred on him by the Sovereign, or any other title; but his rank sha11 be s e l f u n d e r s t o o d a m o n gh i s c o l l e a g u e s , a s in the rnatter of State ceremonials and in presence of the inhabitants of the country in virt,ue of his office as such Minister.

The Sovereign XL. The Sovereign has the right and authohas the right rity to dismiss and discharge any Minister to dismiss a from his office and the Council of MinisMinister and the ters have the right and authority to reCouncil of quest the Sovereign to dismiss and discharge Ministers may any of their colleagues fron his office request the dis- and from the Council of Ministers, if such missal of any of Minister has committed any offence of a t h e i r c o l l e a g u e s . grave nature according to the Mohamedan
Law, or according to the 1aw of the 1and,

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or according to the etiquette of honour, and has been found after fu11 and careful enquiry to have been clearly and evidently guilty, such as comnitting or attempting to commit treason against the Sovereign or State, or rnurdering, or ordering a nurder or concurring in an attempt to murder, or being privy to an act of murder, or committing piracy or robbery, or attempting to comnit any of those crimes, or receiving or attempting to receive bribes, or cornmitting any other wicked and sinful act against the law of God and the 1aw of the Country. And his dismissal and discharge from office nay or rnay not be accompanied by any other punishment, or he may or may not be cashiered or degraded from his rank (if he has other rank or title) as the Sovereign sha1l determine at the time of considering the offence of such officer. Ministers or officers bearing titles resigning their posts. XLI. If any Minister or Officer having t h e t i t l e o f r r D a t o r r ,o r a n y o t h e r S t a t e title, retires fron his office by asking permission to resign, or is discharged from his office without having committed any fault or offence such as those stated above, the distinctive or special title of his office only shall be taken from his name. For example, if the 'rDato Penggawarr, rrDato Bintararr, were to resign the or Council of Mi.nisters the title which he holds by virtue of his office would be taken away from hin, namely, rfPenggawarl or I'Bintaratr, and only the title or rank o f r t D a t o r rw o u l d r e m a i n t o h i m , a n d t h e s a m e is the arrangement with regard to titles derived from an Order which has been conferred on any officer of the State. The peculiar functions of the Council XLII. of Ministers are those of assistants and co-adjutors to the Sovereign. It is therefore expedient, necessary, and advantageous to the Sovereign to take the advice, opinion, and counsel of that body in all affairs and cases concerning the interests of the

Duties of the Council of Ministers.

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country and people; and in like manner, it is proper and expedient for each Minister, in great and important matters of his own department, to ask and take the advice, opinion, and counsel of his colleagues, that is to say, the arrangement is that of being mutually helpful to one another, but it is understood that each Minister shall personally bear the responsibilities of his office. Meetings of the Council of Ministers. XLIII. The Council of Ministers shall meet at least once a month, except in the days month of Ramadhanand on festival when it is not obligatory, and at other firstly, by comtines whenever required: mand of the Sovereign; second at the requisition of the Prime Minister or his Deputy; thirdly, at the requisition of t h r e e M e m b e r so f t h e C o u n c i l o f M i n i s t e r s . XLIV. In any meeting of the Council of M i n i s t e r s f i v e ( 5 ) m e m b e r ss h a l l f o r m a Quorum. If the Sovereign is present, t h e n t h r e e M e m b e r ss h a l 1 s u f f i c e t o f o r n a Quorum; but it is necessary, if there is time, to give notice to all the Members who are present in the country regarding the proposed Meeting.

Quorum for Council of Ministers.

OF STATE COUNCIL General assistants of the State. XLV. The general assistants of the State are styled the Council of State, and the M e m b e r so f t h e s a m e s h a l 1 b e t h e M i n i s t e r s and other Principal Officers and Elders of the State appointed from time to time by the Sovereign with the advice of the Council of Ministers. X L V I . M e m b e r so f t h e C o u n c i l o f S t a t e other than the Ministers sha11 be appointed by the Sovereignrs choice and by the advice or concurrence of the Council of Ministers, and the number of its Members sha1l not be less than sixteen (16) persons, including the President and Vice-President.

Members of the Council of State.

94

fe nanner, M ieach inisIters of his

! the advice. I Ieagues , is that of

They must be Johore subj ects .

XLVII. It is not necessary that the Members of the Council of State should all be of the Malay nationality or of the Moharnedan religion, but it is necessary that they should all be Johore subiects. XLVIII. E v e r y M e m b e ro f t h e C o u n c i l o f State, on being admitted shall take the Oath of allegiance to the Sovereign and the State, and shal1 declare that he will give every advice, opinion and suggestion with an upright heart and with good intentions for the welfare and advantage of the country and people. XLIX. The duties of the Council of State are principally to aid the Sovereign and the Council of Ministers in natters concerning the good Government of the country and people, to wit, in making, creating, revising, enlarging, or anending the laws and regulations of every description, except the laws of religion and the Mohamedan law, and in considering the question of opening up the country and promoting its public works, and in presenting good s c h e m e sf o r i n c r e a s i n g t h e r e v e n u e , d e v e l o p ing trade, aineliorating the condition of the people, and in giving advice in regard to the maintenance of public security within the State and Territory and Dependencies of Johore and the conservation of friendly relations and peace with foreign States. L. The Quorum for any neeting of the Council of State shal1 be seven (7) persons, i f t h e n u m b e r o f a l 1 i t s m e m b e r si s n o t Iess than sixteen (16); and fifteen (i5) persons, if all its nembersis not less (32); and thirty-one (31) than thirty-two p e r s o n s , i f a l l i t s m e m b e r si s n o t l e s s (64) or more. than sixty-four LI. The Council of State shall meet at least once in two months, or whenever conrnanded by the Sovereign, or requisitioned by the Council of Ministers, or required by

r, but
ster shall ities of

Taking the Oath of a 1l e g i a n c e .

shal 1 in the days other , by comthe rehis on of

The Duties of the CounciI of State.

i s t e r s.
il of form a fornr there rng

Quorum for a meeting of the Council of State.

Meetings of the Council of State.

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not less than half of the number of Mernbers of the Council of State, in which case, t h e w i s h o f t h e M e m b e r sa n d t h e b u s i n e s s or matter about which they wish to consult shall be stated to the Council of Ministers three (3) ful1 days previously; and it is not necessary that any meeting should be held during the Fasting month or on days f i x e d a s G o v e r n m e n th o l i d a y s , o r o n a d a y of Festival, or a public holiday. The meaning of once in two months is the interval between the end of a session of the Council (whether it lasts many days or a few) and the commencement the meeting of next to be held. Members have the same and equal rights at Meetings. LII. In all meetings and at all times during the meetings of the Council of State, a l l M e m b e r ss h a l l h a v e t h e s a m e a n d e q u a l rights and powers with one another, that is, each shall have a vote which he may make use of in either supporting or opposing a question under consideration, but it i s n o t o b l i g a t o r y t h a t a n y m e m b e ro f t h e Council of State should makeuse of his vote except it is his own wish, and whatever the decision of the majority of votes may be that shal.l be accepted and submitted to the Sovereign. ( LiII. Memoranda Mlnutes) of the proceedings taking place in the Council of State shall be written and kept in a distinct and proper manner in a Book; and the enactments or regulations or matters which may concern the inhabitants of the country shall be published as soon as the approval and sanction of the Sovereisn have been obtained. LIV. Every approval or sanction of the Sovereign shall fix the dates when the enactments or regulations that have been made shal1 come into oneration. LV. If there shall be any enactment or regulation or matter or thing not approved or sanctioned by the Sovereign, it may be

Minutes of the Meeting are to be kept.

The Sovereignrs sanctions.

Decisions of the Council of State not

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sanctioned by the Sovereign. 1t sters

it is be
day

the of 0r ing

introduced again at the next meeting of the Council of State, and if for three times successively it shal1 not have been approved, the said matter may not again be introduced until one year has elapsed from the tine it was last considered. Should the matter be again decided in the same manner by the Council of State for the fourth time, it shall be expedient on the part of the Sovereign to approve and sanction the same, because the moral responsibility of the Sovereign then entirely ceases. LVI. It is provided in this law +.hat with reference to the Council of State the Sovereign and the Government have authority to improve and revise, to amend and to add to the Rules and Regulations regarding the meetings and sessions of the Council of State; but it is required that whatever Rules and Regulations there be in force and in use, they must be strictly and faithfully carried out so long as the same have not been cancelled or substituted by others.

Provision as to this law.

MEMORANDA MI SCELLANEOUS Religion of the State and other religions. LVII. What is called the I'Religion of the State'r for this Territory and State of Johore is the Moharnedan Religion, and such being the case, the Mohamedan eligion R shal1 continuously and for ever be, and be a c k n o w l e d g e dt o b e , a n d s p o k e n o f a s , t h e rrState Religion", that is to say, on no account may any other religion be made or spoken of as the religion of the country, although all other religions are a11owed, and are always understood as proper to be allowed, to be practised in peace and harmony by the people professing them in al1 and every part of the Territory and Dependencies of the State of Johore. LVIII. A11 the laws and customs of the country shal1 be carried out and exercised

The laws and customs of

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the country.

with justice and fairness by all the Courts of Justi-ce and by all officers and servants of the State between all the people of the country and the aliens who sojourn and reside under its protection, whether for a season or for a lengthened period, that is to say, without their entertaining in the least degree more s)'mpathy or regard or partiality towards those who profess the religion of the country, namely the Mohamedan Religion, or making any difference between those who are the subjects of the State and those who are not. L I X . T h e S o v e r e i g n a n d t h e G o v e r n m e n to f Johore shal1 always and perrnanently remain in a state and condition of arnity and good understanding with other States, and espewith the British cially and particularly or English nation and Government. LX. So long as there is no actual and evident act of great and wicked injustice on the part of the nations and States under Treaties with the State of Johore, and no acts on their part which in an arbitrary or unfeeling nanner cause a breach of the agreement or agreements, the Sovereign and t h e G o v e r n m e n to f J o h o r e s h a l l a l w a y s , continuously, obediently, faithfully and uprightly observe and fu1fi1 the terms of the agreements or treaties which have already been made or shall hereafter be r n a d ew i t h f o r e i g n S t a t e s . LXI. The State Motto, namely "Kepada Allah Berserah" (Unto God resigned), the Emblem (arms) of the State, and the Crown, together with all the Insignia of Royalty, and the Sovereign's Standard, and the Flag of the country or nation, aII these shal1 for ever be used and adhered to in their present form and descri-ptions respectj-vely without any alteration or variation; and likewise the Motto of the Royal Family t'Muafakat itu Berkatrr (concord is a Blessing) shalI be used and perpetuated.

Amity between the State and other States.

Observance of Treaties.

Motto of the State

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the reA

The Orders and the Iron Medal to be continued in perpetuity.

is

LXII. The two kinds of Orders now existing sha11 permanently be used and continued in perpetuity in their present shapes and forms, namely, I'The Most Esteemed Farnily Order", and 'tThe Most Honourable Order of the Crown of Johorer'; and of the present Medals the rrlron Medal" sha1l permanently be used and perpetuated as a reward for bravery and for meritorious services rendered to the State in deeds perilous to human1ife. LXIIL Although it is stated in this law that the said Orders shall be used and perpetuated it is not forbidden or in,terdicted to the Sovereign to make, create, and institute other Orders and badges of honour and dignity, for the Sovereign is the fountain of all honours and dignities; but it is reminded that no other 0rder shal1 be made, created, and instituted mer.ely for the sake of increasing and multiplying the number of Orders, without considering carefu11y and well whether it would be useful and desirable to create new Orders, because too great a number and too much display in the country of tokens of honour and dignity will have the effect of diminishing their estimation and value, especially in the case of a smal1 State. LXIV. At the end of this Law and Memoranda We hereby make the provi"sion and reservation for Ourselves and Our Successors, with the advice and concurrence of the Council of State, that We and Our Successors shall always have the right and authority to add to and enlarge from time to tiile the li-mits of this 1aw whenever it shall be considered proper or necessary so to do, that is to Say, in such a nanner as sha1l not a1ter, vary, undo, break, and destroy the foundation or intention or aim of the Law which We have hereby made, created, established, and confirmed. Furthermore We and Our Successors by and with the aid and concurrence of the Counci-l of State or the Council of State alone sha1l have the nower and

Caution against creating new Orders.

The Council of State may make addi-tions to this Law.

99

authority to determine and fix the interpretations, constructions, renderings, and meanings of all or any of the Sections, or any word or words in the Sections contained in this law, if at any tine hereafter it sha1l be found proper and expedient so to do, in order to render them clearer and nore definite. And such interpretations, constructions, renderings and meanings hereafter so determined and fixed sha11 b e c o m ea n d b e a c c e p t e d a s a p a r t o f t h i s State Constitution and shall come into use and never be called in ouestion. Confirmation. So be it. Such are the Laws and Regulations of the Constitution of the State of Johore. May God, to whombe praise and whose name be exalted, the King of Kings, vouchsafe His grace, and rnay the Prophet Moharned (on whon be the benediction and peace of God) grant His blessing to all these Laws and Regulations of the Constitution of the State of Johore, for ever and ever. Amen! 0 Lord of the Universe I Done at Our Istana at Johore Bahru, this Eighteenth day of the month of Shawal, the Hedj ira of the Prophet (on whom be the benediction and peace of God) One thousand three hundred and twelve, (the year 1312), corresponding to the l4th day of Apri1, one thousand eight hundred and ninety-five (1895) of the Christian era, being the year of Our Reign. Thirty-fourth

Invocation. *

s q{ ;: i 3vl
sLt

*tr {

iJ p
r.: if
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a

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In Witness of the passing and confirmation of this Constitution of the State and of the concurrence and assent of the Council of State, given in a devoted, faithful, loyal and proper manner, all the Members of the Council of State present have hereunder affixed their respective signatures: Signatures M0HAMED KHALID BiN IBRAHIM (Engku and Dato Karabat ) iBRAHINI(Tengku Mahkota and Dato Karabat)

r00

Signatures

(Engku and Dato Karabat) SULEIMAN ENGKU (Dato Mentri JMFAR BIN HAJI MOHAMED I-LAJIMOFLAMED SALLEH (Dato and Hakim) SEYYIDSALIM BIN AHMAD AL-ATTAS (Dato and Mufti) MOHAMED IBRAHIM BIN HAJI ABDULLAH MUNSHI (Dato Bintara Dalam) MOHAMED SALLEHBIN PRANG(Dato Bintara Luar) of Johore)

JAAFAR BIN NONGYAHYA (Dato Penggawa Timor) BIN IBRAHIM (Dato Penggawa Barat) ABDULSAMAD (Dato) MOLIAMED YAHYABIN AWAL-ED-DEEN (Dato and Kadhi) FLAJI ABDULRAHMAN B ABDULLAHIN TAHIR (Dato Sri Stia Raja) YAHYABIN SHMBAN (Dato) ANDAK(Dato) MOHAMED MAIIBOB(Dato) BIN BIN ABDUTRAHMAN ANDAK (Dato Sri Amar di-Raja)

FOOTNOTE There are several translations of this Constitution. T h i s o n e , s e n t b y t h e C O t o J . A . S w e t t e n h a mi n 1 9 0 0 , i s the version furnished for the Johore Advisory Board, of w h i c h J . A . S w e t t e n h a mn o t e s t h a t i t " a p p e a r s t o d i f f e r somewhat from the translation furnished to me from the Malay original'r (Singapore National Library: Governor o f S t r a i t s , C o n f i d e n t i a l D e s p a t c h e so f 1 8 9 9 , J . A . Swettenhan to CO of 14 Dec. 1899 [r CO Confidential D e s p a t c h e st o G o v e r n o r o f t h e S S o f 1 9 0 0 , J . C h a m b e r l a i n to J.A. Swettenham f 2 Mar. 1900). o It may be presumed that the British Governnent regarded this as an translation, since it was a printed copy "official" (or so Swettenharn aid, although the copy he received s was typed); and it appears also to be accepted as the t r a n s l a t i o n b y t h e G o v e r n r n e n to f J o h o r e , s i n c e official it forms the basis of the modern translations of the constitution, now highly emended,in the version published (in both Ma1ay, Jawi script, and English) by the J o h o r e G o v e r n r n e n t ,J o h o r e B a h r u, 1 9 6 2 , a n d i n t h e v e r sion which appears in MaLagan ConstitutionaL Documents, 2nd. ed., Vol.ii, Kuala Lumpur, 7962.

l0l

Note on the Johore Treaty and Documents of. 191.4

On the death of Sultan Abu Bakar in 1895 there was some talk of seizing the opportunity to send an Agent under the 1885 Treaty and even to press Johore into the federation of Protected Malay States which was then being arranged (see F e d e r a l D o c u m e n t1 8 9 3 a n d F e d e r a l T r e a t y 1 8 9 5 , p . 4 0 ) . Nevertheless the British Secretary of State promised the new Ru1er, Ibrahim, that Britain would observe all undertakings made to his father. The first major difficulty to arise between Sultan Ibrahirn and the British was in connection with the proposed railway through Johore 1i-nking Singapore to the Federated Malay States (FMS). In 1890, by a Convention signed with the Secretary of State in London, the late Abu Bakar had about the construcundertaken to consult a Straits official tion of this railway and to submit his plans and estimates to the Straits Governor in order that he might, if he wished, participate in con*struction, running and maintenance on Brj-tainrs behalf . r Estimates and plans were rnade, and the Straits duly offered to assist in the railway, but in 1899 Sultan Ibrahin refused thei-r offer (as he was within his r i g h t s t o d o ) a n d e m b a r k e do n t h e p r o j e c t h i m s e l f i n c o n s u l tation with a firm of engineers whose dubious reputation was Sir Frank Swettenham already known to the Colonial Office. (Acting Governor from 1900 and Governor, 1901-03) apparently - in which nention was made of by alternate use of threats the despatch to Johore of an Agent, if not a British Resident with full powers - and something suspiciously like bribes, eventually persuaded the Ruler to revert to the former arrangement- and sign a new convention with Britain in Ig04.2 There was a fresh crisis in 1905 when Ibrahim, in a bid for financial independence, tried to grant to a company (some o f w h o s e l e a d i n g m e m b e r sw e r e o n h i s A d v i s o r y B o a r d ) a c o n cession committing all the resources of his State for the next twenty years. The followj-ng year both Singapore and London authori-ties were alarrned by Ibrahimrs generous grants of land to European concessionaries (including a company where Swettenham, having retired from government, served as a director). Concerned lest Johore should wriggle free from her economic dependence on Si-ngapore and the FMS, the British were once again eager to t'put a British Resident into the State and have it administered in line with the FMS''.3 But once again the Sultan narrowly escaped, this time with a personal warning from the Secretary of State that Britain * For footnotes see p.105

t02

expected him to be advised in the governnent of Johore by the Governor-High Commissioner. The British Governnent felt that Ibrahim's frequent and prolonged visits to Europe had exacerbated the situation in Johore and they insisted In further endeavours to tame that he should return home. independencethey secured the abolition of the Johore his Advisory Board and they deprived Ibrahim of the services of his 1ninence gz'ise, Dato Abdul Rahman. U p t o 1 9 0 9 i t w a s a s s u m e dt h a t i f J o h o r e r s s t a t u s w e r e altered at all, it would be by her incorporation within the FMS. But when in that year the four northern states passed British suzerainty without being forced to join the under FMS(see Siam Treaty 1909p.332 ), an alternative course was made available - the acceptance of a Britj-sh Adviser r e p o r t i n g d i r e c t l y t o t h e G o v e r n o r - H j - g hC o m m i s s i o n e r i n s t e a d of to the Resident General, FMS- which Sultan Ibrahim was In 1909 Ibrahim asked for "an officer induced to pursue. to act as adviser to his Government" and offered to provide salary and accommodation. In making this this officer's request he placed Johore i-n the same category as the four the Agent of the 1885 Treaty would have northern states: b e e n e n d o w e dm e r e l y w i t h c o n s u l a r p o w e r s a n d w o u l d h a v e received nothing from Johore except a free site for his house, whereas the Adviser in each of the northern States was supplied with a salary and a house fron the governnent Whatever the cause of Ibrahimrs to which he was accredited. - be it pressure from the Straits (though if so invitation the C0 knew nothing of it) or from within Johore itself the result was the appointment of D.G. Canpbell as General Adviser. Campbell was perrnitted to attend State Council in natters not neetings but was debarred from participati.on directly concerning Britain or British subjects. In 1913 Sultan Ibrahim took advantage of Campbellrs absence from Johore Bahru to call a surprise meeting of the State Council which doubled the Rulerrs allowance "to celeSir Arthur Young (Governor, brate his fortieth birthday". Moreover, 1911-19) beli.eved this was an act of defiance. he had recently reported to London an alleged scandal in Johorets prisons and had won metropolitan consent to setting up a Commission of Enquiry whose recomrnendations would be There can be litt1e doubt that binding upon the Ruler. Young had already nade up his nind to endowthe General Adviser with ful1er powers akin to those of his colleagues in the FMS. The Colonial Office, bearing in mind Sultan Ibrahimrs record, were predisposed to accept Youngrs proposals. T h e C o m m i s s i o no f E n q u i r y r e p o r t e d e a r l y i n 1 9 1 4 ;

r03

it was critical of certain aspects of Johorers adrninistration, although it did not furnish much evidence of general misrule, and it recommendedan enlargement of the General The only question that remained was Adviserrs powers. Although how to get the Sultan to accept British terns. the Colonial Office must have considered deposition as the ultimate sanction, they refused Young's request for permisAs it turned out the ultimate sion to use this threat. 0n I May 1914 and again a few sanction was not required. Young reported days later, Young had meetings with lbrahim. to London that the Sultan had given way on all points at the first meeting so that it had not been necessary to present him with a letter (already written) which camevery close to threatening deposition. The results of these meetings were the 1914 Treaty and The surat akuan (Johore Treaty and Documents of 1914). Treaty of 1914 was in effect an amendmenof article 3 of t the 1885 Treaty in order that the Agent provided for in the existing agreement might be replaced by a General Adviser with greater functions and powers. Having considered Young's draft, Ibrahim suggested that clauses vi - x of the Pangkor Agreement (Perak Treaty 7874 p.390) should be added. In the event only clauses vi, viii and x were incorporated in the 1914 Treaty, but, at the Ruler's requesi surat akuan (1iterally: a n a c k n o w l e d g e m e n t )w e r e p u b l i s h e d a l o n g w i t h the Treaty itself. The surat akuan had the double effect of saving the Rulerrs face (by making the new dispensation some of the nore appear to be his own idea) and limiting s e r i o u s c o n s e q u e n c e sf o r J o h o r e o f B r i t i s h i n t e r v e n t i o n . Y o u n g w a s p r o b a b l y i n c o r r e c t i n a s s u r n i n g , a s h e s e e m e dt o , affect Johorers that these suv,at akuan did not significantly juristic standing although in later years the Johore authorities themselveswere inclined to exaggerate their validity.4 0n the whole the Ruler appears to have used his di-plomatic skil1 to blunt the sharp edge of Youngrs original intentions very effectively. In the I9I4 surat akuan Sultan Ibrahim addressed Young There had been an earlier dispute when Young as Governor. tried to persuade the Sultan to address him, as did the R u l e r s a n d G o v e r n m e n t so f t h e o t h e r M a l a y S t a t e s , a s H i g h The London view was Commissioner, but the Sultan refused.5 that the Governor was Governor of the Straits Settlements but High Comnissioner for the Malay States - ie including Johore. Johorers attitude suggested that she regarded herThere was, self as in a peculiar relationship wi,th Bri"tain. indeed, a considerable debate, in the years before 1941,

104

about Johorers "special status'r. The implication was that Johore was somewhat less dependent upon Britain than the other States, This rrspecial statusrr was manifested in a - the title nunber of more or less formal distinctions of (General Adviser), the absence the senior British official of the Union Jack over his house, the failure to provide a guard of honour for him on state occasions, the fact the he wore Johore uniform, etc. - many of which were enshrined in the suz.at akuan. Sir Roland Bradde1l, the Sultan's lega1 adviser, subsequently published The Legal Status of the MaLay States (Singapore, 1931) in which he maintained that Johore was on entirely different juristic footing from that of the other States and that hers was a "higherrr status. Actj-ng on this assumption Sultan Ibrahim the following year rejected the suggestion of Sir Cecil Clementi (Governor, l93I-34) that he should treat his Adviser as other Unfederated States treated theirs, and added: I may here remark that there is a tendency to place Johore in a similar position to that of the other Malay States under British protection and suzerainty with the apparent obj ect of unification. If I am right in my surmise I take this opportunity of strongly protesting against such a policy - after all Johore is on an entirely different footing to any other Malay States and this difference I wish to preserve at all costs.6 The British were always inclined to reject what they c a 1 1 e dJ o h o r e t s ' r p r e t e n s i o n s " T b u t t h e y n e v e r o b l i g e d t h e Sultan to give way, nor did they ever find themselves obliged to give an official and public verdict on the matter. If they had it is hard to believe that they would have accepted that the I9I4 suz,at akuan had the same force in law as the treaty of that year.

1. 2.

CO 273/I70; encl

i n O m m a n n ety C 0 , 1 6 J u l y o

1890.

Maxwell & Gibson pp 252-267. This Convention was substantially modified by a further arrangement in 1908, see CO 273/339, Andersonto C0 81 of 12 Mar. 1908. CO273/324; minute by Lucas 30 Mar. 1906, cited in ThLo, op.cit., p 24L. CO 273/407, Young to C0 conf. of 14 May 1914 and 260 of samedate, & minute of 9 June 1914; cp CO 273/396, Young to C0 conf. of 7 Aug. 1913; ibt,d, Young to CO conf. of

r05

1 4 O c t . 1 9 1 3 ; C O 2 7 3 / 4 0 6 , Y o u n gt o C O o f 1 9 M a r . 1 9 1 4 ; CO 273/407 Youngto COte1. of 12 May 1914. 5. 6. C O 2 7 3 / 3 7 5 , Y o u n gt o C 0 5 1 2 o f 2 8 N o v . 1 9 1 1 . Clementi Papers: Sultan of Johore to R.O. Winstedt, l9 JuLy T932, enc1. in Winstedt to Clementi, 11 Aug. 1932. b Ibid. Menorandum y Winstedt. encl. 24 Sept. 1951. in Clementi to C0

106

JOHORE DOCUMENTS 11 May 1914 of -* Surat Akuan attached to the 1914 Johore Treatyl

i)

Sultan of Johore to Governor of the Straits Settlenents

ISTANA BESAR, Johore Bharu, llth May, 1914

Si r , As I have not been for some time in good health and it is very possible that I may be leaving Johore for a pe:'iod, I consider it now advisable that the State and Territory of Johore should be administered on an improved basis and therefore with the concurrence of my Ministers I submit for the consideration and approval of His Majestyrs Government t h a t A r t i c l e I I I o f t h e A g r e e m e n to f 1 8 8 5 a s r e g a r d s t h e a p p o i n t m e n t o f t h e B r i t i s h A g e n t t h e r e i n b e a m e n d e da n d that instead of a British Agent a General Adviser be appointed whose functions and powers be enlarged.
T r h. qvrv r, o r s ae+ .., v s

Signature

IBRAHIM

For footnote see p,112

t07

ii)

Sultan of Johore to Governor of the Straits Sett lenents

ISTANA BESAR, Johore Bharu, llth May, 1914. Sir, In view of the proposed extension of the powers of the General Adviser, I have the honour to enquire whether the following lines of policy meet with Your Excellency's approval and concurrence. 2. As it is possible that there may be occasional differences of opinion between myself and the General Adviser, I would suggest that the opinion of the State Council should be taken whenever such divergences arise and should be cornmunicatedo Your Excellency along with the view of the t General Adviser. 3. I would also ask whether Your Excellency has any objection on grounds of public policy to the appointnent of E u r o p e a n s a s M e m b e r so f m y S t a t e C o u n c i l , o f m y E x e c u t i v e Council and of the Judicial Bench of the State of Johore, assuning, of course, that Your Excellency concurs in considering the appointments to be necessary and the proposed n o m i n e e st o b e p e r s o n a l l y s u i t a b l e . 4. I would be glad also of an assurance that the appointnent of representatives of the European Unofficial Conmunity in my country would not be opposed to Your E x c e l l e n c y fs v i e w s . 5. In future EuropeanOfficers will only be appointed or secondedto the Johore service with Your Excellencyrs full concurrence; but I would ask that after they have been so appointed they should be regarded as Johore Officers for the tirne being and should be expected to wear the Johore White Uniform. I also assumethat i-t will be open to me at any time to recomrnend that any officer with whose work I am dissatisfied should cease to be employed in Johore. 6. I have also to request Your Excellencyts acceptance of the principle that Malay and English should be accepted as official languages for use in ny courts of Justice and in

t08

all Departments of my Governnent. In the cases of the Malay written language the Jawi character should be given this official recognition. 7, There exists at the present time a school for educating Johore Malays to take part in the adninistration In the best interests of my people I of their country. would ask that this school should continue to be maintained and that preference should always be given to qualified Johore Malays when such are availabLe for employment in the service of their own state. I would request that Malays and Europeans in my 8. service should be treated on terms of eoualitv. 9. Should I have occasion to wish to travel beyond the limits of the Malay Peninsula I would be glad to have authority to settle the natter by obtaining Your Excellency's concurrence, I have, etc., Signature IBRAHIM

109

iii)

Governor of the Straits Sultan of Johore

Settlements to

GOVERNMENT HOUSE. Singapore, 11th May, 1914. Sir, I have the honour to acknowledgethe receipt of Your Highnessrs letter of the llth May, 1914, on the subject of the policy to be adopted in certain matters in view of the proposed extension by treaty of the powers of the General Adviser to the Government of Johore, and to inform you that I agree with and accept Your Highnessrs suggestions on all the points dealt with in your letter.
I have, etc.,

Signature

ARTHUR YOUNG

lr0

JOHORE TREATY of 12 May, 1914 A m e n d m e nt o 1 8 8 5 T r e a t y l *

W h e r e a si t i s c o n s i d e r e d d e s i r a b l e t h a t A r t i c l e I I I o f t h e A g r e e m e n t o f t h e l l t h D e c e r n b e r ,1 8 8 5 , m a d e b y t h e R i g h t Honourable Frederick Arthur Stanley, Her Majestyrs Secretary of State for the Colonies, on behalf of Her Britannic M a j e s t y r s G o v e r n m e n ta n d H i s H i g h n e s s t h e M a h a r a j a h o f J o h o r e should be repealed and another Article substituted therefor: of the that I Now it is hereby agreed by and between His Excellency S i r A r t h u r l l e n d e r s o nY o u n g , K . C . M . G . , G o v e r n o r o f t h e C o l o n y of the Straits Settlements, on behalf of His Britannic M a j e s t y f s G o v e r n m e n ta n d H i s H i g h n e s s t h e S u l t a n o f t h e State and Territory of Johore that the above Article be repealed and the following Article substituted therefor:-

Article

iii

The Sultan of the State and territory of Johore will receive and provide a suitable residence for a British Officer to be called the General Adviser, who sha11 be accredited to his Court and live within the State and territory of Johore, and whose advice nust be asked and acted upon on all matters affecting the general administration of the country and on all questions other than those touching MaIay Religion and Custom. The cost of the General Adviser with his establishment shall be determiraed y the Grrernment of the Straits Settleb n e n t s a n d b e a c h a r g e o n t h e R e v e n u e so f J o h o r e . The collection and control of alL revenues of the country shal1 be regulated under the advice of the General Adviser. YOUN( In witness whereof the said SIR ARTHUR HENDERSON And HIS Said HIGHNESS THE SULTAN THE STATEAND TERRITOR OF O F J O H O R Ea v e s i g n e d t h i s a g r e e m e n t t h i s t w e l f t h d a y o f h lrlay, one thousand nine hundred and fourteen.

Signature of His Highness the Sultan of the State and Temitory of Johore. (Signed) IBRAHIN{ * For footnote see p.112

ill

Witnessed by OMARBIN AHMAD AHMAD BIN MUHAMMAD KHALID HA"JI MOHAMED JAAFAR BIN MOHAMED BIN MAHBOB Signature

(Jawi Script)

YOUNG,G o v e r n o r o f t h e S t r a i t s ARTHUR Settlements

Witness R.J. WILKINSON

FOOTNOTE 1. A copy of the Treaty and surat akuan is in CO 273/407, Young to C0 conf., 14 May 1914 (Public Version: Young It was published in an to Harcourt 260 of sane date). E x t r a o r d i n a r y J o h o r e G o v e r n m e n tG a z e t t e , V o 1 . i v , n o . iii, Johore Bahru, 16 June 1914. A copy of the Treaty is also in the Malaysian National Archives.

n2

Note on the Johore Treaty of 1927

The boundary between Johore and Singapore, originally laid down tn 1824, had been modified by the 1885 Johore Towards Treaty and restated rather nore carefully in 1906.1 the end of his period in office, Sir Laurence Guillenard (Governor and High Commissioner 1919-27) had embarked on a further redefinition of the frontier in connection with the requirements of the Imperial Naval Base which was being established at Singapore. The result was the treaty which was signed between Sultan Ibrahim and Guillernardrs successor, (Governor and High Comnissioner L927-29). Sir Hugh Clifford As stated in Article iv parliamentary approval was required before the treaty could take effect and in the following year the Straits Settlements and Johore Territorial Waters (Agreement) Bill was introduced into the House of Lords. In rnoving the second reading on 27 March Lord Lovat, the Parliamentary Under-Secretary at the Colonial 0ffice, unwittingly drew attention to the paradox in Britain's treaty rrTheSultan of Johore is a relations with Malay Rulers: Sovereign Prince. He is directly under the protection of His Majesty ... The Bill rea1ly only makesa slightly altered boundary inside the Empire.'rz The Bill received the Royal Assent on 3 August 1928.r

CO 273/319, Anderson to Lucas (private), Parlianentary 1928, 645.

22 Nov. 1906.

Debates, House of Lords, 70, xx. 27 lrlar.

See CO 273/548, no.52089.

r 13

JOHORE TREATY of 19 October,

1927

Boundary Trea!,, with- Singapo_re1*

A g r e e m e n tm a d e b e t w e e n H i s E x c e l l e n c y S i r H u g h C h a r l e s Clifford, M.C.S., Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Most Excellent Order of the British Empire, Governor a n d C o m m a n d e r - i n - C h i e fo f t h e C o l o n y o f t h e S t r a i t s S e t t l e m e n t s, 2 o n b e h a l f o f H i s B r i t a n n i c M a j e s t y , a n d H i s H i g h n e s s Ibrahim, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Conrnanderof the Most Excellent Order of the British Empire, bin Almarhom Sultan Abu Bakar, Sultan of the State and Territory of Johore: W h e r e a sA r t i c l e i i o f t h e T r e a t y o f t h e S e c o n d D a y o f August, 1824, madebetween the Honourable the Engli.sh East India Companyon the one side and Their Highnesses the Sultan and Tumungongof Johore on the other, Their said Highnesses did cede in fu11 sovereignty and property to the s a i d C o m p a n y ,t h e i r h e i r s a n d s u c c e s s o r s f o r e v e r , t h e Island of Singapore together with certain adjacent seas, straits and islets: And whereas His Britannic Majesty is the successor of the Honourable the English East India Company: And whereas His Britannic Majesty in token of the friendship which he bears towards His Highness Ibrahin bin Almarhon Sultan Abu Bakar, Sultan of the State and Territory of Johore, is desirous that certain of the said seas, straits and islets sha1l be retro-ceded and shall again forn part of the State and Territory of Johore: Now, therefore, it is agreed and declared as follows:-

Article

The boundary between the territorial waters of the Settlement of Singapore and those of the State and Territory of Johore shal1, except as hereafter specified in this Article, be an irnaginary line following the centre of the deep-water channel in Johore Strait, between the mainland of the State and Territory of Johore on the one side and the Northern Shores of the Islands of Singapore, Pulau Ubin, For footnotes see p.116

lt4

Pu1auTekong Kechil, and Pulau Tekong Besar on the other side. Where, if at all, the channel divides into two portions of equal depth running side by side, the boundary sha1l run midway between these two portions. At the Western e n t r a n c e o f J o h o r e S t r a i t , t h e b o u n d a r y ,a f t e r p a s s i n g t h r o u g h the centre of the deep-water channel Eastward of Pulau M e r a m b o n g ,s h a 1 1 p r o c e e d s e a w a r d , i n t h e g e n e r a l d i r e c t i o n of the axis of this channel produced, until it intersects the S-rnile limit drawn from the 1ow water mark of the South Coast of Pulau Merambong. At the Eastern entrance of Johore Strait, the boundary shall be held to pass through the centre of the deep-water channel between the mainland of Johore, Westwardof Johore HiIl, and Pulau Tekong Besar, next through the centre of the deep-water channel between Johore Shoal and the nainland of Johore, Southward of Johore Hi11, and finally turning Southward, to intersect the 3-mi1e limit drawn from the 1ow water mark of the mainland of Johore in a position bearing 192 degrees frorn Tanjong Sitapa. The boundary as so defined is approximately delineated i-n red on the map annexed hereunto and forming part of this agreement. Should, however, the map, owing to alterations in the channels, etc., appear at any time to conflict with the text of this Agreement,the text shall in all cases prevai 1. Article ii

Subject to the provisions of Article i hereof, all those waters ceded by Their Highnesses the Sultan and Tumungongof Johore under the Treaty of the 2nd of August, 1824, which are within three nautical miles of the nainland of the State and Territory of Johore measured frorn the low w a t e r m a r k s h a l l b e d e e m e dt o b e w i t h i n t h e T e r r i t o r i a l waters of the State and Territory of Johore. Article iii

A11 islets lying within the Territorial waters of the State and Territory of Johore, as defined in Articles i and ii hereof, which irunediately prior to this Agreement formed part of His Britannic Majestyrs dorninions, are hereby ceded in fuI1 sovereignty and property to His Highness the Sultan of the State and Territory of Johore, his heirs and successors for ever.

I 15

Article

iv

This Agreement shall remain without force or effect until it has received the approval of the British Parliament. In witness whereof His Excellency Sir Hugh Charles Clifford, M.C.S., Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Most Excellent Order of the British Empire, and His Highness Ibrahi.m, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, K n i g h t C o m m a n d eo f t h e M o s t E x c e l l e n t O r d e r o f t h e B r i t i s h r Empi-re, bin Almarhon Sultan Abu Bakar have set their respective seals and signatures. Dated at Singapore this Seal3 and Signature of C HUGH LIFFORD, Governor of the Straits Settlements Witnesses: J . D. IIALL J. HUGGINS l9th day of October 1927.
Seal and Signature

of

SULTA,N IBRAHIM Of script) JOHORE (in jaui

Witnesses: ABDULLAH BiN JAAFAR (iN jaui script) Mentri Besar of Johore Captain FIAJI MOHAMMED SAID BIN HAJI SULEIMAN, Private Secretary to the Sultan (tn jaui
c , c - 1 " 'n t I i

FOOTNOTES National Archives of Malaysia hold the original. Johore always dealt with the Governor as Governor, not a s H i g h C o m r n i s s i o n e rf o r t h e M a l a y S t a t e s . 3. Alone of the Governors, Clifford had himself made a as seal wi"th a lengthy jaui inscription of his title There is sometemptation to well as the English one. believe that this treaty was at least partly signed to give him a chance to use it.

lt6

Note on the Johore Treaty of 1945

The MacMichaelTreaties were signed by each of the Malay States during the closing months of 1945; and since the circumstances which led to their being signed, and many of their other features, were identical in every case it w i l l b e c o n v e n i e n t t o b e g i n w i t h s o n e g e n e r a l c o m m e n t sa s a who1e.1* The problen of uniting, or at least rnaking uniform, the administrations of the Malay States had long obsessed the Colonial Office in London. Decentralisation was one attenpt to solve it, but by 194L, if not by 1935, it was seen to have failed. The Malayan Union schene, worked out b y the Colonial Office in London during the years of the Japanese occupation, was another. It sought to achieve the samebroad ends as Guillemard and Clementi envisaged linking all the States, Federated and Unfederated - by completely opposite means: instead of decentralising power to the Rulers in the Federated States so thdt those of the Unfederated ones might be prepared to join the Federation in a new, more truly federal form, it planned to take away power from the Rulers altogether (except in a few very token spheres) and create a unitary government under the British Governor. Instead of bolstering the special position of the Malays so that they might counterbalance any disloyalty on the part of the Chinese or Indian communities, it was designed to make full citizens of most Chinese and I n d i a n s s o t h a t t h e y m i g h t c o r n p e n s a t ef o r a n y M a l a y d i s a f f e c tion resulting from the changed state of things. Malaya, instead of being ostensibly the land of the lr,lalays,was to be virtually a Crown Colony in which all the three main communities, enjoying equal rights, advanced together towards eventual independence. The means selected to introduce the Malayan Union scheme assurned hat the Malays would not be as 1oya1 to Britain t after the disappearance of Japanese rule as the Chinese and Indians, and also that Japanese rule would have to be terminated, as in Burma, by a prolonged and bloody campaign. Both assumptions proved false, but no effort was nade to change plans accordingly. The first requirement, so it s e e m e dt o C o l o n i a l O f f i c e p J . a n n e r s ,w a s 1 e g a l 1 y t o e s t a b l i s h British sovereignty - or at least'ra scintillail of sovereignt y - o v e r t h e e n t i r e P e n i n s u l a , a t t h e s a r n et i m e p u t t i n g each State on nore or less the samefooting uds-d-uis Britain. In other words, the Malay Rulers, who had hitherto been in For footnote see p.120

n7

the eyes of the British law sovereign within their own States and each of whon had his own distinctive Treaty relationship with Britain (though the Rulers of the Federated State.s had a certain obligations in common s a result of the rrFederalrr Treaties), should now each sign a separate but identical treaty conferring sovereignty upon the British monarch. Then the Malayan Union constitution could be introduced by In order to secure the Rulersr signatures Order in Council. a special envoy, Sir Harold MacMichael, was sent to Malaya with a double mission: to collect the Rulersr assent to t h e d o c u r n e n t sa n d a t t h e s a m e t i n e t o s c r u t i n i s e t h e i r r e cords during the Japanese period and remove from their t h r o n e s a n y w h o mh e f o u n d u n s u i t a b l e t o r u 1 e , r e p l a c i n g then with other I'suitable Malay personages" who would then sign instead. At the highest leve1 on the British side no effort was made to be more than barely civil to the Rulers, and they were given no encouragement to hesitate or consult with their people or each other. Britainrs obligations to the Malayan people as a whole were seen as inconsistent with, and overriding, her previously much-vaunted obligations to the Rulers of the Malay community. MacMichaelrs collection of signatures was conpleted by the end of 1945, although not without a good deal of controversy whose nature may be conjectured fron the introduction into the Malay language of the verl macmichaelkan meaning Early in 1946 full details of the to bu1ly or browbeat. l"lalayan Union schene were for the first time published i-n Britain, and the controversy blazed into open discontent. (and The scheme was opposed by three nain groups: retired British mernbers f the Malayan Civil Service; sone serving) o the Rulers and their advisers; and the Malay masses, ffiob i l i s e d i n t o w h a t r a p i d l y e r n e r g e da s a M a l a y n a t i o n a l i s t party, the United Malays National Organisation (UMNO). Indian and Chinese Malayans showed no interest at all in t h e s c h e m ef o r s i x , i f n o t i n d e e d t w e l v e , m o n t h s , a n d e v e n then never rallied strongly to its defence, which therefore rested solely on the shoulders of the Colonial Office and the few senior Malayan Union officials it had selected to put its poli.cy into practice. The British government was never more than seriously irritated by the protests of the Malayan Civil Service nen and, though disturbed, was undeBut it terred by the protests and threats of the Rulers. was astounded, and eventually frightened, by the violent These rallied round their reaction of the Malay nasses. Rulers and the UMNO leadership, which, under Dato Onn bin Jaafar of Johore, was entirely peaceable and royalist (although not uncritical of someRulers personally); but

r 18

behind it loomed the spectre, constantly conjured up by and republican violent revoluOnn himself, of anti-British model. Unsupported by any of the tion on the Indonesian l o c a l p o p u l a t i o n , o p p o s e d e v e n b y s o m em i d d l e a n d j u n i o r who recalled pre-1941 administrators and security officials and flinching under a hail Malayan Civil Service traditions, of well-directed and well-informed criticism in the British Parliament and press,, the Malayan Unionrs Governor (and supposedly the main protagonist of the scheme), Sir Edward Gent, and most of his senior advisers favoured radical The Colonial modification by the beginning of May 1946. was eventually overruled on the advice Office demurred but British Governor-General (later Commissionerof the first for Southeast Asia, Malcolm MacDonald, who held General) Cabinet rank and who gave his verdict against the Union In July and in favour of a Peninsula-wide Federation. with the aim of replacing A n g l o - M a 1 a yn e g o t i a t i o n s b e g a n Although the Malayan Union the Union with a Federation. for alnost two years, it never passed beyond its was to last provisions (which phase and those transitional transitional been scheduled to last for six months) were had originally r e n e w e d a t i n t e r v a l s u n t i l t h e s c h e m ew a s r e v o k e d i n i t s entirety on the inauguration of the Federation of Malaya Although the Malayan Union treaties on 1 February 1948. technically remained in force until the State Agreements and the Federation of Malaya Agreement were signed on 21 J a n u a r y 1 9 4 8 , t h e B r i t i s h G o v e r n m e n tc o u l d n o t d e n y t h e Malay Rulers trattributes of sovereigntyrt duri-ng the Union period lest their signatures on the Federation Agreement night appear worthless. The signing of the Macl'lichael Treaty raised special problems in Johore on account of the 1895 Constitution (see above p.77 ). Article xv of this Constitution forbade the Ruler to cede or surrender Johore, or any part of Johore, to any other State or power and held that if he did so the population was 'runder no obligation to continue any longer His Ministers were likewise fortheir allegiance to him.r' bidden by Article xvi, and by Article xlii he was enjoined W h e nM a c to consult with them in all important matters. Michael reached Johore (which he visited first of all the States, in October 1945) Sultan Ibrahim was very anxious to return to London, from which he had been separated by the war years, and madeno trouble about signing the treaty without any consultation with hj.s Ministers or State Council. In Februaty 1946 a group of Johore Malays sought to depose him for his action and thus invalidate the treaty as it In iustification of their actions the affected Johore.

ll9

British considered all sorts of arguments: that the Constitution had been invalidated by subsequent treaties; that there had been no State Council to consult in 1945, it having "withered away" during the Japanese occupation; that the Constitution was not designed to cover cases such as that of the 1945 treaty... The 'rconspiracy" against the Sultan collapsed but it significantly affected his atti.tude towards the treaty. In a letter to the Secretary of State of 15 February 1946 Ibrahim withdrew his signature to the MacMichael Agreement, and by early March he was collaborating wholeheartedly with the opposition to the scheme. 0n 26 March he telegraphed his agreement to Johorers entry into a Federation of Ma1ay States as an alternative to the Union.

S e e J . d e V . A l 1 e n , T h e M a L a y a nU n i o n , N e w H a v e n , L 9 6 7 ; and A.J. Stockwell, rrColonial Planning in World War II - the Case of l{a),aya," Jourrtal of Imper.ial and C o r n n o n u e a L tH i s t o r y , I I , 3 ( M a y 1 9 7 4 ) , 3 3 3 - 3 5 1 . , a n d h D e v e l o p m e n to f M a l a y P o l i t i c s d u r i n g t h e c o u r s e "The o f t h e M a l a y a nU n i o n E x p e r i m e n t I g 4 2 - 1 9 4 g , r ' p h D . t h e s i s , Uni-versity of London, I973.

120

JOHORE TREATY of 20 October, 1945 N { a c M i c h a e lT r e a t y r

A g r e e m e n t b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i n t h e United Kingdom of Great Britain and Northern Ireland and the State of Johore. W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s B r i t a n n i c Majesty and His Highness the Sultan of the State and territory of Johore: And whereas it is expedient to provide for the constitut i o n a l d e v e l o p m e n t o f t h e l t { a 1 a yS t a t e s u n d e r t h e p r o t e c t i o n of His Majesty and for the future government of the State and territory of Johore: It is hereby agreed between Sir Harold MacMichael, G. C . l \ 4 . G . D . S . O . , t h e S p e c i a l R e p r e s e n t a t i v e o f H i s M a je s t y ' s , Government within the United Kingdom of Great Britain and Northern Ireland on behalf of His Majesty and His Highness Sir lbrahim, G.C.M.G., G.B.E., the Sultan of the State and t e r r i t o r y o f J o h o r e f o r h i m s e l f , h i s h e i r s a n d s u c c e s s o r s :His Highness the Sultan agrees that His Majesty sha11 have fu11 power and jurisdictlon within the State and territory of Johore. 2. Save in so far as the subsisting agreements are inconsistent with this Agreement or with such future constitutional arrangements for Malaya as may be approved by His Majesty, the said agreements shall remain in ful1 force and effect.

Signed this Signature

20 day of 0ctober 1945 H . A . M A C M I C H A E L ,p e c i a l R e p r e s e n t a t i v e S in Malaya of the British Government.

Witness H.T. BOURDILL0N Signature I B R A H I M ,S u l t a n o f t h e S t a t e a n d territory of Johore.

Witnesses H. AMAD A. KADIR For footnote see D

L22 t2l

Johore State

Seal

FOOTNOTE Owen, NotarY A c o p y , w i t h a note bY Major Leonard t h a t i t is a true coPY P u b l i c , E n g l a n d, c e r t i f Y i n g Nati-onal of the original , is in the MalaYsian Archives.

t22

Note on the Johore Treaty of 1948

As a result of MaIay opposition to the Malayan Union scheme and the N{acMichael Treaties the British entered into negoti-ations with the Rulers and the leaders of UMNO. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and non-Malay groups condemnedas undemocratic both the consulproposals, it was tative process and the constitutional (i) to revoke the Malayan Union Order in Council, decided:1 9 4 6 , ( i i ) t o r e p l a c e t h e l t { a c M i c h a e lT r e a t i e s b y n e w S t a t e Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreenents were signed and sealed between the Rulers and Gent fon behalf of His Majesty) on 2I January - the day which also saw the conclusion of the Federation of Malaya Agreement (see p.100) . Under these State Agreementsthe jurisdiction of the Crown was confined to external affairs and defence. However, the Malay Rulers were stil1 bound to accept the advice of British Advj-sers (note: the same title was adopted by the principal British officials posted to the Malay States) "on all matters connected with the government of the State other than rnatters relating to the Muslim Religion and the Customof the Malayst'. In addition Their Highnesses were now subjected to written (Council of constitutions which provided for a legislature State) and an Executive Council in each State. Up to this time only Johore and Trengganuhad possessed written constit u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 , p . 7 7 a n d T r e n g g a n u Document f 191I p.a7a). o

r23

JOHORE TREATY of 2I January, 1948

1:k

State Agreement revoking the Macl'{ichael Treaty^

day of JanuiLry, 1948, beAgreementmade the twenty-first t w e e n S i r G e r a r d E d w a r dJ a m e s G E N T ,K . C . M . G . , D . S . 0 . , 0 . B . 8 . , i M.C., on behalf of His Majesty and His Highness IBRAHIMbni , S Almarhum ultan ABUBAKARD.K., S.P.M.J., G.C.M.G., K.B.E. (Mil.), G.B.E., G.C.0.C. (I), Sultan of the State and Terrif t o r y o f J O H O R Eo r H i m s e l f a n d H i s S u c c e s s o r s : W h e r e a sm u t u a l a g r e e m e n t s s u b s i - s t b e t w e e n H i s M a j e s t y a n d His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for the peace, order and good government of the State of Johore: And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Johore is pleased to make fresh arrangements to take effect on such day as His Majesty may by Order in Council appoint (hereinafter ca11ed t'the a p p o i n t e d d a y r ' ): And whereas it is expedient to provide for the constitutional development of the Staf.e of Johore under the protection of His Majesty and for its future government: Now, therefore, and Short title commencement. it is agreed and declared as follows:

1. This Agreementmay be cited as the Johore Agreement, 1948, and shall come into operation on the appointed day immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day shall be published in the MaLayan Union Gazette together with a copy of this Agreement. 2. In this Agreement: ItEnactment' means any 1aw enacted by His Highness with the advice and consent of a Council of State constituted under the written Constitution of the State referred to in Clause 9 of this Agreement; 'rFederal Government" means the Government of the Federation:

Interpretation

For footnote see P.128

t24

"the Federationrt means the Federation of Malaya to be called i-n Malay I'Persekutuan Tanah Melaytr', which is to be established on the appointed day; "Federation Agreementrr means the Agreenent which is to be madebetween His Majesty and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendmentthereof; 'tthe High Commissioner" means the High Commissioner for the Federation; 'rHis Highnesstrmeans the Sultan of Johore and His Successors; rrHis Highness in Councilil meansHis Highness acting after consultation with the State Executive Council constituted under the written Constitution of the State referred to in Clause 9 of this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; I'Secretary of Statetf means one of His Majesty?s Principal Secretaries of State. Protection external affairs. and 3. (1) His Majesty sha1l have complete control of the defence and of all the external affairs of the State of Johore and His Majesty undertakes to protect the Government and State of Johore and all its dependencies from external hostile attacks and for this and other similar purposes His Majestyrs Forces and persons authorised by or on behalf of His Majestyrs Government sha11 at all times be allowed free access to the State of Johore and to employ all necessary meansof opposing such attacks. (2) His Highness undertakes that, without the knowledge and consent of His Majestyrs Government,he will not make any tTeaty, enter into any engagement, deal in or correspond on political matters with, or send envoys to, any foreign State.

125

British Adviser.

4. His Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on all matters connected with the government of the State other than matters relating to the Muslim Religion and the Customof the N{alays, and undertakes to accept such advice; provided that nothing in this clause sha11 in any way prejudice the right of His Highness to address the High Commissioner, or Hj.s M;rjesty through a Secretary of State, if His Highness so desires. 5. The cost of the Briti-sh Adviser with his establishment sha11 be determined by t h e H i g h C o m m i s s i o n e ra n d s h a 1 1 b e a charge on the revenues of the State of Johore. 6. His Highness shal1 be consulted before any officer whom it is proposed to send as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to pernit such officers to exercise such lawfu1 authority and powers and to perform such Lawful functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High Comnissioner, perform within the State of Johore such State duties and may exercise such State powers as may be imposed or conferred upon him by His Highness in Council or by Enactment. 9. His Highness undertakes to govern the State of Johore in accordance with the provisions of a written Constitution which sha1l be in conformity with the provisions of thj-s agreement and of the Federation Agreenent. 10. In pursuance of the undertaking contained in Clause 9 of this Agreement and

Cost of British Adviser.

Appointrnent of Briti sh Adviser. Federal officers.

When Federal officers may perform State functions.

State Constitution.

Councils to be constituted.

t26

in conforrnity with the provisions of the Federation Agreement His Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be called in English State Executive Council; (b) a Majlis Meshuarat Negri, to be called i-n English Council of State. His Highness to be consulted before posting of officers by High Conmissioner to posts borne on State Estimate. Impartial treatment. 1I. His Highness, unless he shal1 otherwise direct, sha1l be consulted before any officer is posted by or on the authority o f t h e H i g h C o m m i s s i u n e rt o a n y p o s t b o r n e on the state Estimates.

12. A11 persons of whatsoever race in the s a r n eg r a d e i n t h e s e r v i c e o f t h e S t a t e o f Johore shall, subject to the terms and conditions of their enployment, be treated inpartially. 13. His Highness desires and His Majesty agrees that it sha1l be a particularcharge upon the Governnent of the State of Johore to provide for and encourage the education and training of the Malay inhabitants of the State of Johore so as to fit them to take a ful1 share i-n the economic progress, social welfare and government of the State and of the Federation. 14. (1) The Agreementmade on the 20th day of October, 1945, betweenHis Majestyrs G o v e r n m e n tw i t h i n t h e U n i t e d . K i n g d o n o f Great Britai-n and Northern Ireland and His HighnessSir Ibrahim, G.C.M.G., G.B.E., the Sultan of the State and Temitory of Johore, for Hinself, His Heirs and Successors, is hereby revoked. (2) A11 Treaties and Agreements subsisting immediately prior to the making of the aforesaj-d Agreement of the 20th day of October, 1945, sha1l continue in force save in so far as they are inconsistent with this Agreementor the Federation Agreenent.

Education and training of Malays.

Previous Agreenents

127

Sovereignty of the Ruler.

15. The prerogatives, power and jurisdiction of His Highness within the State of Johore sha11 be those which His Highness the Sultan of Johore possessed on the f i r s t d a y o f D e c e r n b e r ,1 9 4 1 , s u b j e c t n e v e r theless to the provisions of the Federation Agreement and this Agreement. 16. This Agreement sha11 be expressed in both the English and the Malay languages, but, for the purposes of interpretat ion, regard sha11 be had only to the English version.

Language of Agreement.

I n w i t n e s s w h e r e o f S I R G E R A R D D I { A R DA } 4 E S E N T , K . C . M . G . , E J G D.S.O.,0.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His Highness Ibrahim ibni A l m a r h u r n u l t a n A b u B a k a r , D . K . , S . P . M . J . , G . C . l . ' 1 . G .K . B . E . , S (Mil.), G.B.E., G.C.0.C.(I), etc., Sultan of Johore has hereunto set his hand and seal, the day and year first above written.

Signature and seal of Witness

G . E . J . G E N Tf o r a n d o n b e h a l f of His Majesty

A.T. NEWBOULT I B R A H I M ,S u l t a n o f J o h o r e

Signature and seal of Witnesses

ONNJAAFFAR IDRIS BIN IBRAHiNI B. ABDULLAII ESA E.E.F. PRETTY

FOOTNOTE Provenance: Statutory fnstnuments for 1948, I, i, no. 108, The Federation of Malaya Order in Council, 1948.

r28

Kedah
Kedahts position on the Isthmus of Kra and her resources o f t i n e n d o w e dt h e a r e a f r o m e a r l i e s t t i m e s w i t h a c o m m e r c i a l and strategic importance that tempted outside powers to bid Subjected in turn to the authority of for her control. Chola attacks and Majapahit influence, Kedah was Srivijaya, taken over by Malacca when that empire advanced against Siam On the fal1 of Malacca, Siam in the mid-fifteenth century. control over Kedah, together with Kelantan' established Trengganu and Patani, and these Moslem States acknowledged tribute (the Siamese suzerainty by sending a triennial In the first of men and money. mas) and contributions bunga of the seventeenth century Acheh dominated much of the half Peninsula including Kedah, and, although Acheh declined towards the middle of the century, Siam was powerless to prevent the conclusion in 1641 of a treaty between Kedah and the Dutch who sought to supervise (not very successfully as During the eighteenth it turned out) the export of tin. century Kedah, like other Malay States, suffered Bugis pressure from which neither Siarn nor Burma (which also received tribute from the weak, if prudent, Rulers of Kedah) could supply relief since each was engrossed in fighting the other. The need for protection caused Sultan Mahmudof Kedah to w approach, via Francis Light, the East India Company hich was becoming interested in establishing a base on the easteln However, the Sultanrs offer seaboard of the Bay of Bengal. to grant the Companya settlement in return for its protection was rejected, and Siam, having worsted the Burmese, was It was able to tighten her grip on her southern vassals. this reassertion of Siamese control that provoked the Ruler of Kedah, now Sultan Abdul1ah, to make further overtures to This time the British, concerned over t h e C o m p a n yi n 1 7 8 6 . the resurgence of French maritime strength, decided to accept

t29

N o t e o n t h e K e d a h D o c u m e n ta n d T r e a t i e s o f 1 7 8 5 - 6 1 80 0

1791 and

A good deal of historical controversy surrounds the British occupation of Penangin 1786 and Anglo-Kedah relations in the years that followed. The main disputes concern:(i) (ii) Britain?s right t o o c c u p y P e n a n gw h e n s h e d i d ;

the respective roles of Francis Light and the East India Companyon the one side, and the Sultan of Kedah and various Kedah court factions on the other, during the negotiations and subsequent outbreaks of violence; and Britainrs precise rights in Penangafter occupation, i . e . w h e t h e r s h e w a s , a s s h e s e e m e dt o b e l i e v e , t h e rightfui owner of the island after July 1786 or whether the Kedah government was entitled to terminate the lease if it could show that its terms were not being fulfi11ed.

(iii)

In what follows only the briefest account is given, designed to provide short answers to all three questions. In 1785 the Sultan of Kedah indicated that he was prepared to lease Penangto Britain on certain conditions. The first document here reproduced (Kedah Document of August 1785-Ju1y 1786) is not a signed Treaty by which Kedah ceded P e n a n g t o B r i t a i n , a s i t i s s o m e t i m e s a s s u m e dt o b e , n o r does it amountto, as M. & G. mistakenly suppose (p. 95): Condit'tons required by the King of Quedah. RepLies of the Gouernoz,-Genez,aland Counci.L to the King of Quedah's demands. This document is the Sultan of Kedahrs conditions for the leasing of Penang, set out in treaty form but never It was never signed becauseArticles III and VI signed. w e r e n o t a c c e p t e d b y t h e C o m p a n y r sa u t h o r i t i e s i n I n d i a b u t had to be referred to England for consideration. There is no reason to assert definitely that they would have been rejected, but before a reply had been received Francis Light, j-n July 1786, occupied the island, and from then on worked, at least from time to time, against the acceptance of the Sultanrs conditions and in favour of drivi-ng an altogether harder bargain. Lightrs occupation of the island was clearly not sanctloned by any written agreement at the time it occurred. For reasons concerning the wider diplomatic scene, however,

t30

it was accepted both by the Companyand - after some initial Duri-ng the next five evidence of distress - by the Sultan. years Light came to maintain that the figure of $30,000 pa which the Sultan had stipulated should be paid to him was too high and should be reduced to $10,000, while the Company, for their paTt, indicated their unwillingness to defend Kedah against external attack as required by Article VI of the original set of conditions. The Sultanrs need for support increased with Sianese victories to the north, but the Company stood firm, and meanwhile no interim payment was made. By I79l the Sultan had determined to send an ultimatum to Light, for reasons of his own, Light and the British force. chose to represent to the Companythat the Ruler was about to attack Penang, and managed to infect them with the notion While the that it was already borLa fide British territory. Kedah court may very well have considered attacking Penang they never did so, and it was Light who attacked the mainland opposite the island, destroyed the Kedah fort at Prai and planned to replace it with a British one. At this point The Companywere prepared to be the Sultan sued for peace. generous once he conceded that he no longer required a prom i s e o f d e f e n c e a g a i n s t h i s e n e r n i e sa s a c o n d i t i o n o f t h e lease of Penang; they blocked Lightrs plan to fortify Prai and even considered paying Kedah the required $50,000 pa. But Light continued to drive a hard bargain, and the agreement which was eventually signed (Kedah Treaty of 1791) granted the Sultan only $6,000 pa. T h e C o m p a n ya u t h o r i s e d n e g o t i a t i o n s t o r a i s e t h i s t o $ 1 0 , 0 0 0 b u t t h e y m a d en o p r o gress for several years. Eventually in 1800, when the w Directors of the Company ere more obsessed with events in Europe than with what was going on in the Malay world, Lightrs scheme to occupy the mainland oppos-ite Penang, thus giving Britain control of the entire harbour fron both si-des, came to fruition, and the Kedah Ruler received the extra $4,000 pa in return for the extra lease (Kedah Treaty of 1800). disputed T h e r e a f t e r i t w a s a s s u m e d- a l t h o u g h p e r i o d i c a l l y by Kedah (see note on Kedah Treaties of 1867, 1868 and 1869) - that Penangand Province Wellesley, as the new territory was ca11ed, were entirely British territory.

r3l

KEDAH DOCUMENT August, 7785 - July, of So-called "Cession" of P"nrngl* Article i

1786

That the HonourabLe Companyshal1 b e g u a r d i a n o f t h e seas; and whatever enernymay corne to a t t a c k t h e K i n g s h a l 1 be an eneny to the llonourable Company, a n d t h e e x p e n s e s h a 1 l be borne by the Honourable Company. This Government will always keep a n a r m e d v e s s e l s t a tioned to guard the Island of Penang, and the coast adjacent, belonging to the King of Quedah. Article A 1 1 v e s s e l s , j u n k s , p r o w s , s m a 1 1a n d l a r g e , c o m i n g f r o m either east or west, and bound to the port of Quedah, sha1l n o t b e s t o p p e d o r h i n d e r e d b y t h e H o n o u r a b l e C o m p a n y r sA g e n t , but left to their own wi1ls, either to buy and sel1 with us, or with the Companyat Pulo Penang, as they shal1 think proper. A11 vessels, under every denomination, bound to the port of Quedah, shall not be interrupted by the Honourable Companyrs Agent, or any person acting for the Company, or under their authority, but left entirely to their own free wi11, either to trade wj-th the King of Quedah, or with the agents or subjects of the Honourable Company. Article iii

The articles opium, tin, and rattans, being part of our revenue, are prohibited; and Qualla Mooda, Pryre (sic), and Krean, places where these articles are produced, being so near to Penang, that when the Honourable Companyrs Resident remains there, this prohibition will be constantly broken through, therefore it should end, and the Governor-General a 1 1 o wu s o u r p r o f i t s o n t h e s e a r t i c l e s , D L z . , 3 0 , 0 0 0 Spanish Dollars every year. The Governor-General in Council, on the part of the E n g l i s h E a s t I n d i a C o m p a n y ,w i l l t a k e c a r e t h a t t h e K i n g o f Q u e d a hs h a 1 1 n o t b e a s u f f e r e r b y a n E n g l i s h s e t t l e m e n t b e i n g forrned on the Island of Penang. For footnotes see p.139

132

Article

iv

In case the Honourable Conpanyrs Agent gives credit to any of the Kingrs relations, ministers, officers, or ryots, the Agent sha11 make no claim upon the King. The Agent of the Honourable Company, or any person r e s i d i n g o n t h e I s l a n d o f P e n a n g , u n d e r t h e C o m p a n y r sp r o t e c tion, sha11 not make clains upon the King of Quedahfor debts incurred by the Kingts relations, ministers, officers, or ryots; b u t t h e p e r s o n s h a v i n g d e m a n d su p o n a n y o f t h e K i n g ' s subjects, sha1l have power to seize the persons and property of those indebted to them, according to the custons and usages of that country. Article v

Any man in this country, without exception, be it our s o n o r b r o t h e r , w h o s h a l l b e c o m ea n e n e m y t o u s s h a l l t h e n become an enemy to the Honourable Companyi nor shall the H o n o u r a b l e C o m p a n y r sA g e n t p r o t e c t t h e m , w i t h o u t b r e a c h o f this Treaty, which is to remain while Sun and Moon endure. Al1 persons residing in the country belonging to the K i n g o f Q u e d a h , w h o s h a 1 l b e c o m eh i s e n e m i e s , o r c o m m i t capital offences against the State, shall not be protected by the English. Article vi

If any enemycome to attack us by land, and we require assistance from the Honourable Conpany, of men, arms a m m u n i t i o n , t h e H o n o u r a b l e C o m p a n yw i l l s u p p l y u s a t our expense. T h i s A r t i c l e w i l l b e r e f e r r e d f o r t h e o r d e r s o f the E n g l i s h E a s t I n d i a C o m p a n y ,t o g e t h e r w i t h s u c h p a r t s o f t h e King of Quedahts requests as cannot be conplied with previous to their consent beinq obtained.

133

KEDAH TREATY of 20 April , L79l_ "Second Cession" of Penang2 I n t h e H e g i r a o f o u r P r o p h e t, 1 2 0 5 , y e a r D a l a k i r , the 16th of Moon Saban, on the day Ahat.

on

Whereas, on this date, this writing showeth that the G o v e r n o r o f P u l o P e n a n g , v a k e e l o f t h e E n g l i s h C o m p a n y ,c o n cluded peace and friendship with His Highness, Iang de per Tuan of Quedah, and all his great officers and ryots of the two countries, to live in peace by sea and land, to continue as long as the Sun and Moon give light: the Articles of Agreement are: -

Article

The English Company ill give to His Highness, the Iang w de per Tuan of Quedah, six thousand Spanish Dollars every year, for as long as the English shall continue in possession of Pulo Penang. Article ii

His Highness the Iang de per Tuan agrees that all kinds of provisions, wanted for Pulo Penang, the ships of war, and the Conpanyrs ships, may be bought at Quedah, without impediment, or being subject to any Duty. Article iii

A11 slaves running from Quedah to pulo Penang, or from Pulo Penangto Quedah, sha11 be returned to their owners. Article iv

Al1 persons in debt runni-ng from their creditors, from Quedah to Pulo Penang, or from pulo penang to Quedah, if they do not pay their debts, their persons shall be deri-vered over to their creditors. Article v

The Iang de per Tuan will not allow Europeans of any other nation to settle in any part of his country.

t34

Article

vi

The Cornpanyshal1 not receive any p e r s o n s c o m m i t t i n g high treason or rebel1 ion against the Iang de per Tuan. Article vii

A11 persons comnitting nurder, running fron Quedah to Pulo Penang, or fron Pulo Penang to Quedah, shal1 be apprehended and returned in bonds. Article A11 persons stealing I ikewise . viii to be given up

chops (forgery)

Article

ix

A 1 1 p e r s o n s , e n e m i e s t o t h e E n g l i s h C o m p a n y ,t h e I a n g de per Tuan shall not supply them with provisions. These nine Articles are settled and concluded, and peace is nade between the Iang de per Tuan and the English Company; Quedah and Pulo Penang shal1 be as one Country. This done and completed by Toonkoo Sheriff Mohamed, t h e T o o n k o o A 1 1 a n g I b r a h i m , a n d D a t o o P e n g a w aT i l e b o n e , vakeels, on the part of the Iang de per Tuan, and given to the Governor of Pulo Penang, vakeel for the English Company. In this Agreernent, whoever departs from any part herein written, God will punish and destroy; to hin there sha11 be no health. The seals of Sheriff Mahomed and Toonkoo Allang Ibrahim, a n d D a t o o P e n g a w aT i l e b o n e , a r e p u t t o t h i s w r i t i n g , w i t h each personf s hand-writing. Transcribed by Hakim Bunder, P u l o P e n a n g . Signed, sealed and executed, in Fort Cornwallis, on Prince of Walest Island. this 1st day of May, in the year of Our Lord 1791. A true translation. Signature F. LIGHT

r35

KEDAH TREATY of 6 June, 1800 "Cession" of Province We11es1ey" In the year of the Hegira of the Prophet (the peace of the Most High God be upon him) 1215, the year Hun, on the twelfth day of the Moon Mohurrum, on the day Raabu (Wednesday); W h e r e a st h i s d a y , t h i s w r i t i n g s h o w e t h t h a t S i r G e o r g e L e i t h , Baronet, Lieutenant-Governor of Pulo Penang, on the part of t h e E n g l i s h C o m p a n y ,h a s a g r e e d o n a n d c o n c l u d e d a T r e a t y o f Friendship and alliance with His Highness the Iang de per T u a n R a j a h M o o d a ho f P u r l i e s a n d Q u e d a h , a n d a l l h i s O f f i c e r s of State and Chiefs of the two countries, to continue on sea and land, as long as the Sun and Moon retain their motion and splendour: the Articles of which Treaty are as fol1ow:7

Article The English Companyare to the Iang de per Tuan of Purlies Dollars, as long as the English of Pulo Penang, and the country after mentioned.

pay annual ly to H i s H i g h n e s s and Quedah, ten thousand sha11 continue in possession on the opposite coast here-

Article

ii

His Highness the Iang de per Tuan agrees to give to the E n g l i s h C o r n p a n y ,f o r e v e r , a l l t h a t p a r t o f t h e s e a - c o a s t that is between Qualla Krean and the river side of Qual1a Mooda, and measuring inland from the sea side sixty Orlongs;$ t h e w h o l e l e n g t h a b o v e - m e n t i o n e d t o b e r n e a s u r e db y p e o p l e a p p o i n t e d b y t h e I a n g d e p e r T u a n a n d t h e C o m p a n y r sp e o p l e . a The English Cornpany re to protect this coast from all enemies, robbers, and pirates that rnayattack it by sea, from north to south. Article iii

His Highness the Iang de per Tuan agrees, that all kjnds of provisions wanted for Pulo Penang, the ships of war and s the Company?s hips, may be bought at Purlies and Quedah, without impediment or being subject to any Duty or Custons; and all boats going from Pulo Penangto Purlies and Quedah, for the purpose of purchasing provisions, are to be furnished with proper passports for that purpose, to prevent inpositions

136

Article

iv

A11 slaves running away from Purlies and Quedah to Pulo Penang, or from Pulo Penangto Purlies and Quedah, sha11 be returned to their owners. Article
rh

of of

A11 debtors running from their creditors from Purlies and Quedah to Pulo Penang or from PuIo Penang to Purlies and Quedah, if they do not pay their debts, their persons shall be delivered up to their creditors. Article vi

His Highness the Iang de per Tuan shal I not permit Europeans of any other nation to settle in any part of his doninions. Article vii.

The Companyare not to receive any such people as may be proved to have committed rebellion or high treason against the Iang de per Tuan. Article viii

All persons guilty of murder, running from Purlies and Quedah to Pulo Penang, or from Pulo Penang t o P u r l i e s a n d Q u e d a h , s h a 1 1 b e a p p r e h e n d e da n d r e t u r n e d i n b o n d s . Article A11 persons stealing likewise. i-x to be given up

chops (forgery)

Article

pany,

A11 those who are, or may become, enemies to the Comthe Iang de per Tuan shall not assist with provisions

Article

xi

All persons belonging to the Iang de per Tuan, bringing the produce of the country down the river, are not to be nolested or inpeded by the Companyrs eople. p

t37

Article

xii

S u c h a r t i c l e s a s t h e I a n g d e p e r Tuan may stand in need of from Pulo Penang are to be procured b y t h e C o m p a n y f s Agents, and the amount to be deducted f r o m t h e g r a t u i t y . Article As soon as possible, after Treaty, the arrears of gratuity former Treaty and Agreement, to Tuan of Purlies and Quedah, are Article xiii the ratification of this now due, agreeable to the His Highness the Iang de per to be paid off. xiv

0n the ratification of this Treaty, all former Treaties and Agreenents between the two Governments to be null and void. These fourteen Articles being settled and concluded between His Highness the Iang de per Tuan and the English company, the countries of Purlies and Quedah and pulo penang shall be as one country; and whoever shall depart or deviate from any part of this Agreement, God will puniitr and destroy hirn: he shal1 not prosper. This done and completed, and two Treaties, of the same tenor and date, interchangeably given between His Highness the Iang de per Tuan and the Governor of pulo penang, and sealed with the seals of the state officers immediately officiating under His Highness the Iang de per Tuan, in order to prevent disputes hereafter. Written by Hakim Ibrahim Ibn (son of) Sri Rajah Moodah, by order of His Highness the Iang de per Tuan, of exalted dignity. A true translation. Signature J. SWAINE, Malay Translator. by John Anderson, Malay Trans-

Revised from the original lator to Government.5

Approved and confirrned by t h e G o v e r n o r - G e n e r a l i n Council, Novenber, f802.

138

FOOTNOTES 1. M.q G., pp 95-96. Printed English version in Malaysian National Archives. M.& G., pp.96-98. Printed English version in Malaysian There is a slight problem about the National Archives. date. The 16th Shaban,A.H.1205, was 20 Apri1, I79T: in the last paragraph (the whole of which is italicized in M.& G.) it j-s stated that the agreement was not signed and sealed until 1 May, I79I, at least on the British side. M.q G., pp.98-100. National Archives. Printed English version in Malaysian

2.

"An Orlong is a land neasure in use at Penang, equal to 6,400 square yards, or about one acre and a third, and, as a lineal measure, is consequently 80 yards, the square root of 6,400." M.& G., P.99. It seems li-kely that the original Malay version would have found its way into SiameseArchives, although there is a iauti duplicate in the Kedah State Archives.

t39

Note on the KedahTreaty of 1831

By 1800 Siarn, having completely recovered from the B u r m e s ei n v a s i o n , r e s u m e d t h e t r a d i t i o n a l policy of gaining ascendencyover the Malay States of the Peninsula. Over Kedah it could claim a vaguebut undeniable right of suzer a i n t y , a n d K e d a h , f r o m i t s s i t u a t i - o n o n t h e S i a r n e s ef r o n tier, was the first state to suffer from this policy. Between 1786 and 1821 the Sultans of Kedahpressed the East India Cornpanyfor help but the Companywas unwilling to get i - n v o l v e d i n l n l a l a y a na f f a i r s , denied any obligation to protect Kedah and refused to interfere between a suzerain (Siam) and a dependent state (Kedah). Kedah, having been compelled by Sian to conquer Perak in 1818, was in 1821 overrun in its turn by the Raja of Ligor who acted on instructions from Bangkok. Refugees fled to Province Welles1ey and the dethroned Sultan escaped to Penang where he asked the British to restore hin according to the AngloKedah agreement. Most of the Malay community in Penang and many British officials and rnerchants considered that the Companyhad a 1ega1 and moral obligation to protect the independence of Kedah. Indeed, Robert Fullerton (Governor of Penang 182427 and Governor of the Strai-ts Settlements 1827-30) was anxious that the ex-Sultan should return to his throne. Henry Burney, who was sent to Ligor and Bangkok in order to negotiate agreements with the Siamese (see Siamese Treaties of 1825 and 1826 p.307 ff) , failed to effect the restoration of the Ruler of Kedah; on the contrary the British were committed to his expulsion from Penang and to the obstruction of his reinstaternent in Kedah. Thus, when in 1831 Tuanku Udin (Kudin) led thousands of Kedah refugees from Province W e l l e s l e y i n t o K e d a h a n d d r o v e o u t t h e S j - a m e s e ,R o b e r t Ibbetson (Governor 1830-33) ignored the many unofficial expressions of sympathy for Kedah and did all he could to help the Siamese. The British blockaded the coast to prevent supplies fron getting through to the insurgents and attacked rebel ships, treating their sailors as pirates. British intervention on the Sianese behalf proved fatal to the Malay cause and the rebel,lion collapsed. Ibbetson thereupon crossed into Kedah to meet the Ruler of Ligor, and with him devised and signed a treaty (Kedah Treaty of 1831), which defined the boundary between Kedah and Province We11es1ey much more closely than had the treaty of 1800. This boundary was redefined in the treaties of 1867, 1868 and 1869.
The clains of the ex-Su1tan of Kedah. who was exiled to

t40

M a l . a c c aa f t e r t h e 1 8 3 1 u p r i s i n g , c o n t i - n u e d t o b e v o i c e d b y his supporters and opposed (despite the bitter hostility which its policy aroused from some Penang Europeans) by the Straits Government. Although the Companysubsequently declared that the 1826 Treaty with Siam did not require Britain actively to attack the rebels, the blockade was reimposed in later revolts. With the failure of a rebellion in 1839 and the death of the Raja of Ligor in the sameyear, the exSultan of Kedah sued for peace and in 1842 was restored by the Siameseto his title and to a large part of his territory. T h e C o m p a n y ,r e l i e v e d b y t h i s r e c o n c i l i a t i o n , then raised t h e S u l t a n r s p e n s i - o nt o t h e o r i g i n a l l y a g r e e d s u m o f $ 1 0 , 0 0 0 a n d r e c o g n i s e d h i s p o s i t i o n a s a S i a m e s ev a s s a l . Apart from an incident shortly aft.er his reinstatement, when the Sultan tried to reassert his authority over that part of his former territory which had not been returned to him, relations between the Ruler of Kedah and the Straits Government continued unruffled.

l4l

KEDAH TREATY of 2 November, 1851 Boundary Treaty signed between the English East. India Company an

Engagements etween Robert Ibbetson, Esquire, Resident b of Singapore, Pulo Penang and Malacca, who has come into the Quedah Country, and the Chow Phya of Ligor, Si (sic) Tamrat, who is under the dominion of Somdet Phra Phootthee Chow Yo Hooa, who j-s the supreme ruler over the great country of Sri Ayootheeya, viz. Siam. Wj"th reference to the third article of the Treaty between Somdet Phra Phootthee Chow Ya Hooa, who is the suprerne ruler over the great country of Sri Ayootheeya, and the British Government,z it is now agreed on betwixt the above contracting parties, viz. the ChowPhya of Ligor Sri Tamrat and Robert Ibbetson, Esquire, Resident of Singapore, Pulo P e n a n ga n d M a l a c c a , a n d w i t h r e s p e c t t o t h e s u b j e c t o f t h e boundary between the British territory of Province Wellesley and the country and Governnent of Quedah, that the said boundary shall be as follows: from Sematool, on the south b a n k o f t h e S o o n g e i Q u a 1 1 aM o o d a , b y a r o a d l e a d i n g t o t h e River Prye, at a spot ten orlongs east of the River Soongei Dua Hooloo, then descending the niddle of the Prye River, to the mouth of the River Soongei Sintoo, then ascending the Soongei Sintoo in the straight direction eastward, and up to the Hill Bukit Maratajam, then from Bukit Maratajam along the range of hi11s called Bukit Berator, to a place on the north bank of the River Kreean, five orlongs above and east of Bukit Tungal; and it is agreed that brick or stone pillars shall be erected, one at the boundary of Sematool, another at the boundary of the Prye River, and a third at the boundary on the Kreean River. Two copies of this agreement have been made out, and to these have been affixed the seal of the Honourable English C o m p a n y ,a n d t h e s i g n a t u r e o f R o b e r t I b b e t s o n , E s q u i r e , Resident of Singapore, Pulo Penangand Malacca, and the chop o r s e a l o f t h e C h o wP h y a o f L i g o r S i T a m r a t ; o n e c o p y t o b e retained by each of the above contracting parties, and the said Agreementhas been written in three languages, the S i a m e s e , M a l a y a n a n d E n g l i s h , o n W e d n e s d a y ,t h e S e c o n d d a y of November, One Thousand Eight Hundred and Thirty-One of the English Era, and the Twelfth day of the Moonrs decrease in the Eleventh month in the year of the Hare, One Thousand One Hundred and Ninety-three Sasok. * For footnotes see p.143

t42

Seal of the English East India Company.

Signature

R. IBBETSON, Resident of Prince of Walesr Island, Singapore and Malacca.

P Chop of the C H A O I Y A O F L I G O R Signature JAMESLOW, Assistant Resident and Translator.

FOOTNOTES
I

P r o v e n a n c e : M . 6 G . , p p . 2 0 6 - 7. The Anglo-Siamese Treaty of 1826, e.D.

143

N o t e o n t h e K e d a h T r e a t i e s a n d D o c u m e n t so f 1 8 6 7 , 1 8 6 8 a n d

D u r i n g h i s g o v e r n o r s h i p ( 1 8 5 9 - 6 7 ) C o l o n e l C a v e n a g ht r i e d t o a m e n dc e r t a i n a s p e c t s o f t h e K e d a h t r e a t i e s o f 1 8 0 0 a n d 1831 concerning trade and frontier questions. The Straits Government were concerned that: (i) the 1800 provision - that articles required for consumption in Penang should be imported from Kedah free of duty - was not being observed; opium and liquor shops established just within Kedah boundary drew trade, and the il1-defined hence revenue , away from the Straits Governmentrs own establishments and also provoked disturbances within Province Wel1es1ey; and t h e e x i s t i n g K e d a h - P r o v i n c e W e l 1 e s 1 e yb o u n d a r y included salients and so was unnecessarily long and difficult to police.

(ii)

(iii)

G o v e r n o r C a v e n a g hf a i l e d t o o b t a i n s a t i s f a c t i o n f r o m t h e Sultan of Kedah on these points, even though he had gone so far as to ask the Siamese to bring pressure on him and had s u s p e n d e dh i s a n n u a l a l l o w a n c e f r o m t h e B r i t i s h G o v e r n m e n t . The Colonial Officers first Governor, Sir Harry Ord (1867-73), set out to arrange things without consulting London. He persuaded the Sultan to come to Singapore and (Kedah Document of 1867) to be drew up with him a memorandum the basis of a future treaty. The provisions of this memorandun (including the restoration of the Sultanrs allowance and arrears) , however, were to come into effect at once. 0n 30 December 1867 Ord met the Sultan again in Penang and presented him with a tTeaty embodying not only all the points of the memorandun ut also certain clauses (e.9. regarding b extradition) from the previous treaties which this one was to replace. This documentthe Sultan refused to sign perhaps through fear of the Siamese or perhaps out of concern for the status of Province Wellesley implied in the treaty. The long-standing Kedah view - tenable enough in view of the Rulerrs annual allowances * was that Penangand Province W e 1 l e s 1 e yw e r e r e n t e d , n o t c e d e d , t o t h e B r i t i s h . This interpretation was possibly reflected in article ii of the Malay version, where Province Wel1es1eyi-s referred to as trterritoryr', but contradicted in the English version where the phrase "ceded territoryrr appears. Thwarted by the Sultan, Ord cut off his allowance once again, and once again

t44

wrote to the British Consul in Bangkok appealing for Siamese pressure to be brought to bear on Kedah. In March 1868 two Sianese Commissioners net Ord in Singapore. Their mission was to investigate the state of affairs in Kelantan, about which the Governor had complained, and also to settLe the Kedahproblem. They signed Ordrs draft tteaty, which had been rapidly reworded (Kedah Treaty of 1868), without consulting the Malay Ruler, who was present only as a witness and affixed his seal and signature rrin token of assent. I' By the treaty of 1868 the boundary was adjusted in Britainrs favour as "punishnent" for Kedah. The Colonial Office, meanwhile, was disturbed both by the technicalities of Ordrs conduct (he had acted without first consulting the authorities in London) and by its longf o r h e h a d r n a d ec l e a r i n d e s p a t c h e s term implications; acconpanying reports of these and other negotiations his opinion that Britain should take under her wing all Malay States south of Kedah and Trengganu and leave the others u n d e r S i a m e s ec o n t r o l . l * L o n d o nd i s a l l o w e d O r d r s t r e a t y , arranging for a similar one to be negotiated in Bangkokbetween the British Consul and the Siamese central government, and firmly discouraged the Governor from further interference i-n the affairs of the Malay States, be they Siamese or nonSiamese States.2 The new treaty was signed on 6 May 1869 ( K e d a h T r e a t y o f 1 8 6 9 ) ; i t s e e m su n l i k e l y i n t h e c i r c u m stances that the provisions of the 1867 Memorandum and the 1868 Treaty ever ceased to be in effect. There is some mystery about the signatures on the 1869 Treaty. M.& G. show it as signed by the British Consul and Sri Suriwongsa, The Rajah of Quedah"which is clearly "C.P. incorrect. The version in the Kedah Archives is signed by the British Consul and the Sultan of Kedah, and this is c o n f i r m e d i n C 0 2 7 3 / 3 7 0 , A c t i n g G o v e r n o r B r o c k m a nt o t h e Colonial Office of 1 May 1911. In 1911, when Kedah submitted a new treaty designed to amend that of 1869, Brockman beli-eved that the nove was a plot by Kedah to demonstrate her degree of independencefrom Siam in the period before 1909, and therefore the legality of her claims for autonomy after 1909, by establishing that she had signed the 1869 Treaty as a free and independent State. Surveying the 1869 Treaty in the course of this comespondencea Colonial Office clerk noted: It is a very curious document, because although the parties are stated to be Her Britannic Majesty's Consul-General and a SiameseConmissioner on behalf of His SiameseMajesty, the Sultan crops up i-n Article

145

III promising to do things whereas, of course, Siam and his signashould have promised on his behalf; it (though it i-s of course ture is appended to arguable that this is merely by way of endorsement...;3 London eventually decided that the 1869 Treaty was in fact between Sian and Britain, not Kedahand Britain, but found that "it [was] difficult to be sure."4 FOOTNOTES CO 273/13,Ord to CO, 31 Dec.1867; C0 273/17,Ord to C0, 26 lrlar. 1868; C0 273/18, Ord to C0, B Apr. 1868.

2.

CO 273/13, CO to FO, 17 ttlar. 1868; CO809/1, COto Ord, 22 Apr. 1868; C0 273/18, C0 to Ord,4 June 1868. C O 2 7 3 / 3 7 0 , S t u b b s ? m i n u t e o n B r o c k m a nt o C O 1 7 6 , 1 May 1911.

4.

For Ordts handling of this matter see C.D. Cowan, Nzneteenth-CentunyMalaya, London, 1961, pp. 56-65.

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KEDAH DOCUMENT 19 September, 1867 of Menorandum of an Agreement on the Province We11es1eyBoundary,

M e m oo f a n A g r e e m e n t b e t w e e n H i s E x c e l l e n c y t h e G o v e r n o r of the Straits Settlements and His Highness the Rajah of Q u e d a ht o b e s u b s t i t u t e d f o r t h e T r e a t y w i t h L i g o r ( S i a m ) dated the second day of Novenber 1831 which defines the E a s t e r n B o u n d a r y o f P r o v i n c e W e 1 1 e s 1 e y ,a n d i n r n o d i f i c a t i o n of the Treaty between Great Britain and the Kingdom of Quedah confirmed by the Governor-General in Council in the month of November, i802. 1. The boundary between Province Wellesley and Quedah in place of following the irregular and tortuous line it does at present, to be henceforth defined by a 1ine, drawn from the existing frontier pillar on the bank of the River r r M u d a rtro a p o i n t o n t h e e x t r e m e E a s t e r n E n d o f t h e M a r a t a j a m range and thence along the top ridge of the Punchore Hill to on the bank of the River "Kreeanr', the the frontier pillar land thus acquired by the English government being, acre per acre, nearly the same as that surrendered to Quedah. 2. The third clause of the last-mentioned treaty of 1802 which agreed that no duty or customs shall be levied by the Government of Quedah on any kind of provisions wanted for Pulo Penang, to be repealed, and the British Government agrees to permit the Rajah of Quedah to levy a duty upon cattle, grain and other^provisions according to the tariff annexed to this tteaty.z 3. It is further agreed for the protection of revenue and prevention of smuggling in the respective countries that no opium, spirit or gambling shop shall be licensed by either G o v e r n m e n tw i t h i n t w o m i l e s d i s t a n c e f r o m t h e n e w b o u n d a r y 1ine. 4 . This Memo: of Agreement to be embodied in a Treaty t o b e s u b m i t t e d f o r t h e c o n f i r m a t i o n o f t h e G o v e r n m e n to f H e r Majesty QueenVictoria and His Majesty the King of Siam, and pending such confirmation it is agreed between the Governor of the Straits Settlements and the Rajah of Quedahin the interests of the respective countries that the provisions of the Agreement shal1 come into operation forthwith, in considerati-on of which the Governor engages to continue to the * For footnotes see p.155

t47

RajahofQuedahthepaymentofhisannuity(atpresentSuSp".,a"a) in accordance to the Treaty of 1802 and to pay such as may have accumulated thereon' itre"tt Dated at Singapore the 19th of September 1867 '

148

KEDAH TREATY of 2I March, 1868 Ordrs (Disallowed) Treaty on Province We1lesley Boundary etc. J

Treaty entered into between His Excellency Sir Harry S t . G e o r g e O r d , C o m p a n i o no f t h e M o s t H o n o u r a b l e O r d e r o f the Bath, Governor and Conmander in Chief of the Straits Settlenents on the part of Her Britannic Majesty and Their Excellencies Phya Debia Phrajim and Phra Bedis Banij Siam Bijit Bhacty Cornnissioners on the part of His Majesty the King of Siam with the consent of Phya Sayburee Yang de Per Tuan of Quedah being a Treaty in substitution of former treaties respectively dated 1786, 1791 and 1802 of the n C h r i s t i a n E r a , a n d 1 2 0 1 , 1 2 0 6 a n d I 2 I 7 o f t h e M a h o m m e d aE r a ' also in cancelment of the Treaty with Ligor, Siam of 1831.

Article

i-

Her Britannic Majesty agrees to pay annually to Phya Sayburee, ten thousand dol1ars, as long as Her Britannic Majesty shalL continue in possession of Pulo Penangand the country on the opposite coast hereafter mentioned. Article ii

His Majesty the King of Sian agrees to give to Her Britannic Majesty for ever all that part of the mainland opposite the island of Penang bounded on the West by the sea, on the North by the right bank of the River Moodah, on the South by the right bank of the Ri-ver Kurrean, and on the East by a Iine running South from a spot on the right bank of the R i v e r l ' { o o d a h ,o p p o s i t e t h e e x i s t i n g f r o n t i e r p i 1 1 a r a t Sammatool, in a straight line to a point on the old boundary line at the extreme Eastern end of the Maratajam range of hills, t h e n c e f o l l o w i n g t h e t o p r i d g e o f t h e P u n c h o r eH i l 1 s to the existing frontier pi11ar on the right bank of the River Kurrean, about four hundred English yards above and East of Bukit Tungal, Her Britannic Majesty binding herself to respect the Royal burying grounds at Kotah Prye within and to consider thern sti11 the property the ceded territory of Phya Sayburee but subject nevertheless to the jurisdiction o f H e r B r i t a n n i c M a je s t y i n o t h e r r e s p e c t s , p r o v i d e d a l w a y s t h a t t h e M o o d a hR i v e r s h a l 1 a t a l l t i r n e s b e f r e e t o t h e peaceful navigation of the subjects of His Majesty the King of Siam.

149

Article

iii

It is mutually agreed between Her Britannic Majesty and His Majesty the King of Siam that for the prevention of smuggling and the better protection of the revenue of their respective countries, no opium, spirit, toddy, Baang or gamb l i n g s h o p s h a 1 l b e l i c e n s e d b y e i t h e r G o v e r n m e n tw i t h o u t the consent of the other Government at any place within two miles distance of the Eastern boundary line of the ceded and further that a space of 100 English yards be territory, kept open and clear of jungle by each Gover:nmentupon its own side of the said boundary line and that no grants or transfer of land within such a cleared space shall be made by either government to any private persons, and that no houses save Police Stations shal1 be built thereon without the consent of both sovernments. Article iv

f g*:
i 'c

.f;s

"F s

".-tt's g*f
,#

A11 convicts or persons awaiti-ng tri-al, or against whom warrants for their arrest may be issued for the crimes hereafter specified, who nay effect their escape from any of the possessions of Her Britannic lr{ajesty into the Territory of of Quedah, or who may be found within the said Territory sha11, upon a fornal requisition fron the Governor Quedah, of the Strai-ts Settlements or the Lieutenant-Governor of Penangto Phya Sayburee, be delivered up to the British Authorities, and in like manner all convicts or persons charged with similar offences who may effect their escape f r o m Q u e d a hi n t o B r i t i s h T e r r i t o r y s h a l 1 , u p o n r e q u i s i t i o n from Phya Sayburee to the Governor of the Straits Settlements or the Lieutenant-Governor of Penang, be surrendered to the Authorities of Quedah. The crirnes above referred to are the following, that is to say:- Murder, Gang robbery, Robbery, Arson, Rape, Burglary, Great Personal Violence, Cattlestealing, Offence against the coin, Forgery, Breach of Prison, Breach of Trust, or attempt to comrnit any of these offences. Article v

H e r B r i t a n n i c M a j e s t y a g r e e s t o p e r m i t P h y a S a y b u T e et o levy a duty upon cattle, grain and other provisions according to the following Tariff, viz;upon Rice $8 per Coyan of 40 piculs, upon Paddy $4 per Coyan of 800 Gantangs, upon Cattle $1 per head, upon Ducks and Fowls $1 per hundred. Provided always that in the event of faiLure of the Rice c r o p i n t h e T e r r i t o r y o f Q u e d a hi t s h a 1 l b e l a w f u l f o r t h e said Phya Sayburee to prohibit the export of rice and paddy

r50

from Quedah for the current rice season, at any time after three monthst notice of such his intention sha1l have been given to the British Government at Penang, and provided that such Prohibition shall be general and not applicable to particular places. Article vi

This treaty shall come into effect from the date of the execution thereof by the Governor of the Straits Settlements and the Siamese Commissioners and from that date all former treaties and agreements between the two Governments and between Her Britannic Majestyfs Government and the Government o f Q u e d a hs h a 1 l b e n u 1 1 a n d v o i d , a n d a f t e r t h e s i g n i n g o f this Treaty by Their Excellencies the Governor of the Straits S e t t l e r n e n t s a n d t h e S i a m e s e C o m m i - s s i o n e r st s h a l l b e s u b i nitted for ratification to Her Britannic Maiesty and to His Majesty the King of Siam. In Witness whereof His Excellency the Governor of the Straits Settlements and Their Excellencies Phya Debia Phrajirn and Phra Bedis Banij Siam Bijit Bhacty have signed this Treaty and affixed their seals thereto and Phya Sayburee has also signed his name and affixed his seal thereto in token of his assent thereto. Done at Singapore the 2lst the Christian Era 1868.+ Day of March in the year of

Si-gnature

H. ST. GEORGE ORD

Seal of the Governor of the Straits Settlements. Signature F.W. PLAYFAIR, Acting Colonial Secretary, Straits S e t t 1e m e n t s

Seal and Signature (in S i a r n e s eS c r i p t ) PHYADEBIA PHRAJIM Seal and Signature (in RornanScript) P H R AB E D I S B A N I J SIAM BIJIT BHACTY script)

Seal and Signature (in jaui

Sultan AHMAD TAJUDIN MUKARRAM SHAHof Kedah

l5l

KEDAH TREATY of 6 May, 1869 Knoxrs An Io-Sianese Treaty on Province Wellesle Bounda

T r e a t y e n t e r e d i n t o b e t w e e n T h o m a sG e o r g e K n o x , E s q . , Her Britannic Majestyfs Consul-General in Siam, and Hi-s Excellency Chao Phya Sri Suriwongsa Phra Kalahome, ptime Minister of Siam, Connissioner on the part of His Ma.iesty the King of Siam. Being a Treaty in substitution for forner Treaties, respectively dated 1786, 1791 and 1802 of the Christian Era, and 1201, 1206 and l2I7 of the Mahomedan ra, and also in E substitution for the Treaty with Ligor Siam of 1831, and for the Treaty concluded by Sir Harry St. George Ord on the 2lst day of March of the year 1868 of the Christian Era.

Article

i.

When this Treaty sha11 come into operation the Treaty concluded in the year 1802 of the Christian, and 1217 of the M a h o n e d a nE r a , b e t w e e n S i r G e o r g e L e i t h B a r t . L i e u t e n a n t Governor of Pulo Penang and His Highness the Iang de per Tuan Rajah Mooda of Purlies and Quedah, with the previous Treaties and agreernents referred to therein, and the Treaty concluded in the year 1831 of the Christian Era, between Robert lbbetson, Esq., Resident of Singapore, pulo penang and Malacca, and the Chao Phya of Ligor Si Tamrat and also the Treaty concluded on the 21st day of March in the year 1868 of the Christian Era between Sir Harry St. George Ord, K n l g h t , G o v e r n o r a n d C o r n m a n d e r - i n - C h i e fo f t h e S t r a i t s Settlements, and Their Excellencies Phya Debia phrajin, and P h r a B e d i s B a n i j S i a m B e j i t B h a c t y , C o m m i s s i o n e r so n t h e p a r t of His Majesty the King of Siam, shall cease and determine, except so far as they grant to Her Majesty the territories referred to therein. Article ii

The Governor of the British Colony of the Straits Settlements shall pay annually to His Highness the Iang de per Tuan of Quedah, ten thousand dollars, as long as Her Britannic Majesty shall continue in possession of Pulo Penang and the country on the opposite coast hereafter nentioned.

t52

Articl,e iii His Highness the Iang de per Tuan of Quedah agrees that the Dorninionsof Her Britannic Majesty on the mainland, opposite the Island of Penang, shall comprize the Territories that is to say, on the West by the Sea, bounded as follows: North by the right bank of the River Mudah, on the on the South by the right bank of the River Kurreen (Kreean), and on the East by a line running South from a spot on the right bank of the River Mudah, opposite the existing Frontier pillar at Sematool, in a straight line to a point on the exThence treme eastern end of the Maratajam range of Hi1ls. along the top ridge of the Punchore Hill to the existing Frontier pillar on the right bank of the River Kurreen, A about 400 Engli-sh yards above and East of Bukit Tungal. nap showing the eastern Boundary above described, is annexed to the present Treaty, and signed by the respective Commissioners. The British Authorities engage to respect the Royal burying grounds at Kotah Prye within the ceded Territory, and to consider them sti11 the property of His Highness the Iang de per Tuan of Quedah, but subject nevertheless to British jurisdiction in other respects, provided always that M u d a hR i v e r s h a l l a t a l l t i m e s b e f r e e t o t h e p e a c e f u l the navigation of the subjects of His Majesty the King of Siam. Article iv

It is mutually agreed that stone pil1ars, not less than six feet high and at the distance of one rnile apart, shal1 b e e r e c t e d a t t h e j o i n t e x p e n s e o f t h e G o v e r n m e n to f t h e Straits Settlements and His Highness the Iang de per Tuan of Quedah, in order to mark the Eastern boundary line of the ceded tenitory; that no grant or transfer of land shall be other than Police Stations allowed to be made, or houses erected, within one hundred yards on either side of this Boundary line; and further that, within the distance of two miles from the said boundary line, no shops for the sale of Opiun, Toddy, Bang or Spirits shall be li-censed, or Gambling houses be permitted, in their respective distri-cts, by the Governor of the Straits Settlenents or the Iang de per Tuan of Quedah. Arti-c1e v A11 persons convicted of, or awaiting trial for, or against whon warrants for their arrest may be issued for the

r53

crimes hereafter specified, who may effect their escape from any of the Possessions of Her Britannic Majesty into of Quedah, or who may be found within the said the territory frorn Territory of Quedah, shal1, upon a formal requisition the Governor of the Straits Settlements, or the LieutenantG o v e r n o r o f P e n a n go r M a l a c c a , t o t h e I a n g d e p e r T u a n , b e delivered up to the British Authorities, and in like manner, for, or charged all persons convicted of, or awaiting trial by the Iang de per Tuan of Quedah with any of the crimes hereinafter specified, who may effect their escape from shal1, upon requisition from Q u e d a hi n t o B r i t i s h T e r r i t o r y , the Iang de per Tuan to the Governor of the Straits Settlements, or the Lieutenant-Governor of Penangor Malacca, be surrendered to the Authorities of Quedah. The crimes above referred to are the following, that is to say:- Murder, Dacoity, Robbery, Arson, Rape, Burglary, Aggravated assault, Cattle-stealing, Making or uttering false-coin, Forgery, E m b e z z l e m e n t ,P e r j u r y , B r e a c h o f P r i s o n , F r a u d u l e n t B a n k ruptcy, or Attempt to Comnit Murder, Dacoity, Robbery, Arson, Rape, Burglary or Aggravated assault. But no person sha1l be delivered up in virtue of this article by the Governor of the Straits Settlernents, or by the Lieutenant-Governorl of Penangor Malacca, unless the G o v e r n o r o r L i e u t e n a n t - G o v e r n o r , a s t h e c a s e r n a yb e , s h a l 1 be satisfied that there are reasonable grounds for believing hirn to have been guilty of someone of the above crimes. Article vi

The Iang de per Tuan of Quedah engages not to levy any duty upon Cattle, grain or other provisions, exported from Q u e d a hi n t o t h e B r i t i s h T e r r i t o r y h i g h e r t h a n a c c o r d i n g t o upon Rice $8 per Coyanof 40 the following Tariff viz.:piculs, upon Paddy $4 per Coyan of 800 Gantangs, upon Cattle Provided $1 per head, upon Ducks and Fowls $1 per hundred. always that, in the event of failure of the Rice crop in the Temitory of Quedah, it shall be lawful for the said Iang de per Tuan to prohibit the export of Rice from Quedah for the current Rice Season, at any time after three nonthsr notice of such his intention shal1 have been given to the British Government at Penang, and provided that such prohibition shall be general and not applicable to particular places. Article vii

This Treaty s h a 1 l b e s u b r n i t t e d f o r c o n f i r m a t i o n to the Governnent of Her B r i t a n n i c M a j e s t y , a n d t o t h e G o v e r n m e n t

154

of H.M. the King of Siam, but it shall come into operation as soon as possible after its signature. In witness whereof the undersigned ThornasGeorge Knox, Esq., Her Britannic Majestyrs Consul-Generalin Siam, anrt Chao Phya Sri Suriwongsa Phra Kalahome, Commissioner on the part of His Majesty the King of Siam, have signed this Treat)' and affixed their seals thereto. Done at Bangkok the sixth day of May in the year of Our Lord one thousand eight hundred and sixty-nine.

Signature Signature Signature

THOMAS GEORGE KNOX, British Consul-General, Bangkok (Sultan AHMAD PHYA SAYBUREE TAJUDIN MUKARRAI'I SIIAH of Kedah)b C.P. SRI SURIWONGSA Prine ltlinister of Siam

FOOTNOTES
l.

Original in Matay (jaai script) Kedah Archives, Alor Star.

and English in the

The annexure is not Teproduced here as it does not differ from the provisions included in Article v of the 1868 and Article vi of the 1869 Treaties. English original in the KedahArchives.

There is an additional note just above the seals in the Kedah Archives copy: "A map showing the direction of the Eastern boundary between Province Wellesley and Quedah as agreed to in the treaty is attached to the Treatyrr. No map is in fact attached to the Kedah Archi-ves version; but it may well have beep transferred to the 1869 Treaty. A map for this treaty is to be found in the Kedah Archives and is sealed bv Britain and Siam but not by Kedah.
q

Original in Malay (jaui KedahArchives.

script)

and English in the

There are somediscrepancies in the spelling of proper nanes, and a few other minor discrepancies, as between t h e K e d a hA r c h i v e s a n d t h e M . & c v e r s i o n ( p p . 8 2 - 8 5 ) . As the former is even more archaic and inconsistent than the latter in its orthography, we have followed the

155

latter here, except in the matter of signatures. It rnayjust be worth noting that in the Kedah Archives version the Siamese signatory is referred to as Chao Phraya Sri Suriwongse Phra Kalahome, but his signature is represented as CHAW PHYASRI SURIY WONGSE; that the Kedah Ruler is referred to as His Highness the Yeang de per Tuan throughout; and that the date is given as the sixth day of }lay in the year of the Christian Era one thousand 8c. 6. The KedahArchives copy and the l1.G G. version do not show the seals as having been affixed.

156

Note on the Kedah Documents of 1905 (June and July)

and 1909

In 1905 financial problems necessitated constitutional change in Kedah (and also in Perlis which by this date was regarded, at least by Siam, as quite separate from Kedah). The Statefs bankruptcy could be traced back to the reckless extravagance of its Ruler, Sultan Abdul Hamid. A modernising party 1ed by the Raja Mudahad long realised that their best hope was to curb the Sultanrs power to interfere in economic affairs either by having a Regency declared, on the grounds that he was mentally unfit to ru1e, or by creating a State Council, whose advice he would be, to some extent, bound to accept. The former idea failed in or about 1900, when the Siamesedeclared the Sultan sane. In 1905, at the peak of a najor financial crisis, the Raja Muda went to Bangkok to ask for a loan which was granted on condition that Kedah should accept an Adviser to assist in financial administration until the loan had been repaid (Kedah Document of 16 June 1905). On his return to Alor Star the Raja Muda was made President of a State Council, constituted by order o f t h e S u l t a n ( K e d a h D o c u m e n to f 2 3 J u l y 1 9 0 5 ) w i t h c o n s i d e r able powers of financial control. The Adviser to Kedah was appointed by Bangkok under the terms of the Anglo-Siamese Declaration and Draft Agreement of 1902 (cp. p.I96) by which Kelantan had accepted a Sianese Adviser. T h e o r i g i n a t o r o f t h i s s c h e m eh a d b e e n S i r F r a n k Swettenhan (Governor and High Comnissioner 1901-04). He had undoubtedly visualised Advi-sers with the same sort of p o w e r s a s B r i t i s h R e s i d e n t s i n t h e F M Sa n d h a d a c t u a l l y hoped that they would be selected from the Malayan Civil Service. In fact, the SiameseAdvisers assigned first to Kelantan and then, in 1905, to Kedah and Perlis were Englishmen in Siamese employment. Sir John Ancierson (Governor and High Commissioner1904-11) opposed the appointnent of the KedahAdviser because he strongly disapproved of the activities of the officer already posted to Kelantan and because he wanted more direct control over Kedah from Singapore, Anderson genuinely but incorrectly believed that Siamese rights in a1I the northern States were uniform and that the Adviser sent to Kedah would have powers comparable to those of the Residents sent by Britain to the FMS. These false assunptions i-nduced Anderson to be anxious about the extent of the Adviserfs authority during the remaining years of Siameseoverlordship, and, once Sianese suzerainty had been transferred to Britai-n, 1ed hin and his successor to a mislegitimate role in taken interpretation of that officerrs Kedah.

t57

By Article i of the Anglo-siamese Treaty of 1909 (cp. p . 3 3 2 ) t h e S i a m e s e G o v e r n m e n tt r a n s f e r r e d t o B r i t a i n " a 1 1 rights of suzerainty, protection, administration and control whatsoever which they possessrt over Kedah and the other northern States. Constant Anglo-Malay friction followed over the precise nature of these rights especially in Kedah, where Malays were seriously offended by the failure of the Siamese Government to consult them over the transfer negotiations.I* Moreover, despite the lurid picture painteJ of Kedahby Europeans, that State was better organised and more stable than other west-coast States at the time of British intervention, and during the early twentieth century the Malay ruling class in Kedah confronted the British on any change that threatened to dilute their power in the State or to absorb it into the FMS.2 Anderson selected W.G. Maxwell as his first Adviser in Kedah and stTongly supported him when he acted with executive powers extending well beyond the financial sphere. A crisis resulted in 1910, when the State Council and all Malay civil servants refused to co-operate with Maxwell and went briefly on strike.3 Anderson, Lacked by the Colonial Office (whicir a p p a r e n t l y d i d n o t r e f e r t o t h e 1 9 0 5 D o c u m e n t s ) ,s t u c k t o h i s interpretation of the Adviserrs ro1e, and Kedah Malays, fearing that Anderson might go so far as to abolish the State Council were they to continue their campaign of non-cooperation, gave way. A fresh crisis occurred in 1913-14. W h e nt h e S u l t a n began to interfere in matters reserved for the Councilts jurisdiction, it proved possible for Kedahnotables to convince the British of the necessity of declaring a Regency. Then, having been declared Regent, Tengku Ibrahim refused the Governorfs instructions to becone President of the State Council. Britain argued that the State Council had been created by siam to take the place of the Ruler (who in 1g05 had already been non eompos mentis) and that therefore the Regent should be its President. The Malays, fearing for the integrity of the State Council, replied that the Ruler himself had constituted the Council, that the Council took the place of the Wazir or Vizier normally found in Moslem States, and that the Regent as Head of State could not p o s s i b l y b e a m e m b e ro f i t . 4 The question was whether or not Britain had inherited from Siam the right to interfere in the constitution of the State Council. Once again victory w a s t h e G o v e r n o r - H i g h C o m m i s s i o n e r ? sw h o g a i n e d T e n g k u I b r a himrs compliance on pain of deposition. This time, however, Kedahhad carried her.case to London the .Colonial Qtfiqe .and For footnotes see p.159

t58

had at last checked the relevant documentsand realised the Thereafter, Kedahrs Advisers weaknessof its position. were extTemely tactful until their position was regularised nor were there many disputes by the 1923 T'reaty (p. i75); in later years. Kedah's resistance to the British interpretation of the Adviser's functions was important in the evolution of a conc e p t o f " A d v i s e r " a s s o m e o n ew h o s e p o w e r s w e r e a l t o g e t h e r different in extent and quality fron those of a Resident.

FOOTNOTES See J. de V. Allen, "The Elephant and the Mousedeer A N e w V e r s i o n : A n g l o - K e d a hR e l a t i o n s , 1 9 0 5 - 1 9 1 5 . ' f J M B R A S ,4 I , i ( J u 1 y 1 9 6 8 ) , 5 4 - 9 4 . I Sharornb Ahrnat, "Transition and Change in a Malay State: A Study of the Economi-c nd Political a Developmentof K e d a h 1 8 7 9 - 1 9 2 3 , r 'P h D t h e s i s , U n i v e r s i t y o f L o n d o n , 1969, p.150 and p .292. CO 273/361, Andersonto C0 confidential, with enclosures. 9 June 1910,

u
1 lla

C O 2 7 3 / 4 1 6 , R e g e n t o f K e d a ht o F O , 9 J a n . 1 9 1 4 a n d 1 1 Aug. 1914.

r59

DOCUMENT 16 June, 1905 KEDAH of Loan Agreenent with Siaml*

Betweenthe undersigned, His Royal Highness Prince Mahisra Rachaharuthai, Minister of Finance to His Majesty the King of Sian, acting in the name of and for account of His SiameseMajesty's Government, as lender, of the one part, (Tengku Abdul Aziz) Raja Muda of and Phya Seni Marong Kitir Kedah, acting in the name of and for account of His Highness Chao Phya Kiti Songkram Rama Bhakdi Chao Phya Saiburi (Tengku Abdul Hamid) Sultan of Kedah, as borrower, of the other part. It is agreed as follows:-

Article

T h e l e n d e r a g r e e s to grant to the borrower a loan of T w o M i l l i o n S i x H u n d r e d T h o u s a n dD o l l a r s a t t h e r a t e o f s i x p e r c e n t . i n t e r e s t p e r annum. Article ii

The borrower undertakes on behalf of himself as Sultan of Kedahhis successors and assigns to pay to His Siamese M a j e s t y f s G o v e r n m e n to n t h e f i r s t d a y o f J u n e o f e a c h y e a r i n t e r e s t a t t h e r a t e o f s i x p e r c e n t . p e r a n n u mo n t h e capital sum outstandi-ng on the last day of the previous rnonth, viz. , the thirty-first day of May it being understood that interest for the first year will be reckoned from the dates on which the several sums making up the full amount of the loan are placed at the disposal of the borrower or are utilised in paying off the debts for the liquidation of which the loan is mainly granted. Article iii.

The borrower also undertakes on behalf of himself as Sultan of Kedahhis successors and assigns to repay the amount of the loan mentioned in Article i with interest at the rate provided for in the sameArticle to His Siamese Majestyrs Governnent from the revenues of the State of Kedah, and the amount of the instalments and the ti-mes at which such instalments of the loan are to be paid by the lender to the borrower, and the amount of the instalments and the * For footnotes see p.165

160

times at which the instalments of the loan are to be repaid by the borrower to the lender, will be incorporated in a subsidiary agreement to be signed hereafter. Article iv

In consideration of the loan herein referred to the borrower undertakes on behalf of hinself as Sultan of Kedah his successors and assigns to accept, until the loan (Capital and Interest) shal1 have been entirely repaid, the services of an Adviser to be appointed by His SiameseMajestyrs G o v e r n m e n tt o a s s i s t h i n i n t h e f i - n a n c i a l a d m i n i s t r a t i o n o f his State, and the borrower further undertakes on behalf of himselfas Sultan of Kedah, his successors and assigns to follow the advice of such Adviser i.n all matters relating to finance. The salary of the Adviser appointed by His Siamese M a j e s t y ' s G o v e r n m e n ts h a l l b e p a i - d o u t o f t h e r e v e n u e s o f the State of Kedah. Article v

The borrower also undertakes on behalf of himself as Sultan of Kedah, his successors and assigns to refrain fron contracting any fresh loan or incurring any financial liabilities until the loan herein referred to (Capital and InterestJ is entirely repaid. Given and signed in two identical copies of wirich one shal1 be kept by the lender and the other by the borrower.

Signature of Lender Witness

IUAHISRA

PHYASRI SAHADHEB ABDUL ZIZ A

Signature of Borrower Witnesses

H.F. WILLIAMSON A.C.S. WARD

Signed at Bangkok on the 16th day of June in the year One Thousand Nine Hundred and Five.

l6l

DOCUMENT 23 Ju1y, 1905 of KEDAH Edict b the Sultan of Kedah for the Constitution
uncil

of a State

Whereas it is expedient for the better government of the State of Kedah that there shal1 be constituted a Council in my service o f S t a t e c o m p o s e do f t h e l e a d i n g o f f i c i a l s whose duty it shall be to assist ne in the administration of all nublic affairs. Now I, Sultan Abdul Hamid Halimshah, Sultan of Kedah, do hereby command nd proclairn that there shall be constia t u t e d f o r t h w i t h a C o u n c i l o f S t a t e c o m p o s e do f f i v e m e n b e r s to be appointed by ne from time to tirne subject to the confirmation of the Governnent of His SiameseMajesty. The principal rnenber and President of this Council shall be His Highness Tunku Abdul Aziz, Rajah Muda of Kedah, and of the remaining members one sha11 be the Chief Judge of my SuprerneCourt and another the Adviser lent to this State The other two members b y H i s S i a m e s eM a j e s t y ? s G o v e r n n e n t . will be appointed by separate order, subject to the approval of the Government of Siam. And I, Sultan Abdul Hamid Halimshah, do hereby further commandand proclairn that the Council of State hereby constituted sha11 exercise the following powers and duties,
V LL. -

1.

The disposal by public tender, subjectto ny confirmation, of all revenue farms and state monopolies which may hereafter fal1 vacant. The disposal in such manner as may seem to the Council proper of all or any petitions by revenue farmers and others for reduction of rent or monies due to the Government; for whatever reasons such reductions may be urged, save as aforesaid petitions for reduction of rents and other dues must not be entertained. The disposal of al1 questions of gifts or donations i,ntended or proposed to be made out of the revenues of t h e S t a t e o f K e d a h , b y w h o m s o e v e rs u c h p r o p o s a l i s m a d e , and the decision of the Council i-n such cases shall be final . The receipt and disposal, subject to my confirmation, of all petitions for the reduction of the value of land, land rents, quit rents and assessments.

2.

3.

4.

t62

6.

The collection and disposal of all state revenue and expenditure and the fixing of salaries, allowances and other ernolurnents f all state officials o and enployees. The fixing of the allowances to be drawn from the state revenue by the various members of the Ruling House of Kedah, other than those holding salaried apfointments under the Government, but including the twb widows of the late Sultan. The enactment of all 1aws, subject to my approval, and the passing on its own authority of alf- ruils, regula_ tions and bye-raws required for the proper administration of the country.

7.

Given at Alor Star on the 20th day of Jamadil-awar rs2s, corresponding to the 23rd day of July 1905.

163

KEDAH DOCIJMENT 9 Ju1y, 1909 of Letter from the Minister of the Interior Siam. notif t\ of the 1 An 1 o - S i a n e s e Treat
rll

His Royal Highness Krom Luang Damrong Rajanubhab, It{inister of the Interior, t o C h o wP h y a R i t i S o n g k r a m , S u l t a n o f K e d a h .

Sir, I arn commanded His Majesty to inform your Highness by that for some time past negotiations have been carried on which have resulted in the signing of a treaty between His M a j e s t y r s G o v e r n n e n t a n d t h e B r i t i s h G o v e r n m e n to n t h e 1 O t h of March, 1909, and ratified on the 9th July 1909. By article i of this treaty it is provided that the Siamese Government transfers to the British Government whatsoever rights of suzerainty, protection, administration and control they formerly possessed over the States of Kedah and Perlis and the adjacent islands. I beg further to inform Your Highness that in determining what should be the future boundarles between Siam and the territories to the South of it, the principle of following permanent natural boundaries has been adopted. I need not point out to your Highness the advantages which will result from such an arrangement. The new boundary is as f o l l o w s: Commencingfrom the most seaward point on the North bank of the estuary of the Perlis River, then North to the range of hil1s which form the watershed between the Perlis River on the one side and the Pujoh River on the other, then following the watershed formed by the said range of hills until it reaches the main watershed or divj-ding line between those rivers which flow into the Gulf of Siarn on the one side and into the Indian Ocean on the other, following this nain watershed so as to pass the sources of the Sungei Pattani, Sungei Telubin and Sungei Perak. The islands known as Pulo Langkawi together with all islets South of the mid-channel between Terutau and Langkawi a n d a l l t h e i s l e t s S o u t h o f L a n g k a w i s h a l 1 b e c o m eB r i t i s h . Terutau and the islets remain to Siam. to the North of mid-channel shal1

t64

With regard to the isLands close to the west coast, those lying to the North of the parallel of latitude where the north bank of the Perlis River touches the sea sha11 remain to Siam, and those lying to the South of the parallel s h a l 1 b e c o r n eB r i t i s h . Shortly after the delivery of this letter to you, British Officials will arrive at Alor Star who will replace t h e S i a m e s eO f f i c i a l s . causes His Majesty deep regret that the former relat i o n s b e t w e e n H i s M a j e s t y f s G o v e r n m e n ta n d K e d a h a r e a b o u t to cease. In fact there was only one reason which could h a v e l e d H i s M a j e s t y ' s G o v e r n m e n tt o t a k e s u c h a c t i o n , b e cause they are convinced that it is for the best interests of Kedahherself that the change should take place. F o r n a n y y e a r s H i s M a j e s t y r s G o v e r n m e n th a s s t u d i e d with care and sympathy the interests of Kedah, as a result o f w h i c h H i s M a j e s t y t s G o v e r n m e n th a s b e c o m e c o n v i n c e d t h a t the change will produce a larger measure of prosperity and development for Kedah than a continuation of the o1d conditions. I n c l o s i n g H i s M a j e s t y c o r n m a n dm e t o e x p r e s s t o Y o u r s Highness His appreciation of the unwavering loyalty which you have shown to Him and His House in the past and to convey to you His best wi-shesfor the welfare of Your Highness and your State in the future. I have the honour to be,
q;
v L L ,

'It

Your obedient servant Signature DAMRONG, Itlinister of the Interior

FOOTNOTES Copy in CO 273/361, enc1. in Anderson to CO conf. of 9 June 1910. There is also a copy dating fton L922 in the Kedah State Archives. M.6 C. give Kiti. CO 273 give Riti both here and in the title of the Ruler of Kedah in the 1909 Kedah Document.

165

CO 273/416, encl 1914.

in Regent of Kedah to Fo of 9 Jan

If this letter O r i g i n a l i n K e d a hA r c h i v e s , A l o r S t a r . to the Rulers is similar to that sent by the Siamese of all northern Malay States in this year, it i-s possible t h a t t h e S i a m e s e a n d M a l a y v e r s i o n s w e r e s o m e w h a td i f f e rent: see CO 273/354, F0 to C0 of 1 Nov. 1909 regarding Siamrs letter to Trengganu.

166

Note on the Kedah Treaty of 4 March 1912

ible rng

The Kedah-Perak boundary had been the topic of previous T h e c e s s i o n o f R a h m a nt o P e r a k b y disputes (see p,368). the Anglo-Siamese Treaty of 1909, together with the necessity for Perak to construct access roads to the new territory (although it was a long time before these actually penetrated Kedah was very much Rahmanitself) reopened the question. on the alert at this time for impingements upon her quasi independent status. There had been a major controversy over the role of the Adviser in 1910 (cp. p.158), and in the following year Kedahhad wanted, but had been refused, Kedahhad a new version of the 1869 Treaty (cp. p.152) . insisted upon British recognition of certain matters of protocol: at Kedahrs request the appointrnent of Tengku Ibrahim to the State Council had been madeby His Majesty rather than by His Majestyrs Government;1 again at Kedah's request Sir Arthur Young (Governor and High Commissioner 1911-19) had been styled High Conmissioner for the Malay S t a t e s a n d n o t f o r t h e F M Sa l o n e ; 2 f i n a l 1 y , o n 6 M a r c h 1 9 1 2 Young had reported to London that it had been agreed that the State of Kedah, the Sultan and the President of the State Council should each have a separate f1ag.3 In view of the ternper of Kedah opinion (and perhaps as a compensation for the rebuff over her request to renew the 1869 Treaty) Kedah and Perak signed a treaty covering a minor border adjustment and the construction by the Perak (Kedah Treaty of Government of some roads in Kedah territory 1912). It is worth remarking that, while the Sultan of Perakrs seal and signature were witnessed by hi-s British Resident, those of the Sultan of Kedahwere witnessed by his Malay Secretary.

FOOTNOTES I
a L

Co 273/372, Andersonto C0,

I Feb. 1911.

CO273/378, Andersonrsminute of 28 Aug. 1911 Co 273/385, Youngto C0, 6 Mar. I9I2.

167

TREATYof 4 March, l9I2 KEDAH Boundary Treaty with Perakr

r*

An Agreementmade this 15th day of Rabial-awa1, 1330, corresponding with the 4th day of March, 1912, between H.H. The Sultan of Perak and H.H. The Sultan cf Kedah regarding the boundary between Kedah and Perak in the neighbourhood of Baling and Tasek and the constructions of roads from Baling to PadangSerai in Kedah. H.H. The Sultan of Perak agrees to construct a metalled cart road of the first class as far as Kuala Ketil (on the (a di-stance of about 22 miles) Muda River) in Kedah territory which sha1l be in continuation of the road which the Government of Perak is already constructing between Klian Intan in Upper Perak and Baling in Kedah. This Road sha1l be constructed entirely of the Perak Government. at the expense

The Perak Government will pay for the resurnption of all alienated land required for the purposes of the road but t h e K e d a h G o v e r n m e n ts h a l l p r o v i d e a l l t h e S t a t e L a n d r e ouired free of cost. When the road has been completed the Perak Governnent hand it over to the Kedah Government.

will

In consideration for the above H.H. The Sultan of Kedah a g r e e s a s f o l l o w s :First that the Governnent of Kedah will maintain and upkeep the Road after it has been handed over in the same way that it maintains and upkeeps other first class roads in Kedah. S e c o n d l y t h a t t h e G o v e r n r n e n to f K e d a h w i l l c o n s t r u c t a first class metalled road to continue the said road to be built by the Government of Perak as far as Padang Serai in t h e K u l i n d i s t r i c t o f K e d a ha d i s t a n c e o f a b o u t 1 2 m i l e s and that it will maintain and upkeep the said road in the s a r n ew a y a s i t m a i n t a i n s a n d u p k e e p s s i m i l a r r o a d s i n K e d a h . T h i r d l y t h a t t h e G o v e r n m e n to f K e d a h w i l l c e d e t o t h e G o v e r n m e n to f P e r a k a l l t h e l a n d j - n t h e b a s i n o f t h e B a l i n g and Tengah Rivers above the Goa Baling so that in future the boundary between Kedah and Perak in the upper_sountry, of tbe * For footnote see P.169

r68

Baling River shall follow the line of the hills as marked with a red line in the map attached to this Agreement.

Seal and Signature of Witness

S u l t a n I D R I S B I N I S K A N D A Rf o PERAK' O L I V E RM A R K S , Acting British Resident.

Seal and Signature of Witness

Sultan ABDULHAMIDHALIM SHAIIo f KEDAH. I N C H EM O H D . R I F F I N , A Secretary to H.H. the Sultan of Kedah.

FOOTNOTE P r o v e n a n c e : M . q G . , p . 2 2 0 . The accompanying map, but is in the KedahArchives. not the treaty itself,

r69

Note on the Kedah Treaty and Docurnentsof 1923

During the period following 1909 Britainrs position in Kedah remained i11-defined and Malays were constantly on the lookout for British infringements of what they regarded as Kedah's semi-independent status. Sir Laurence Guillemard (Governor and High Comnissioner 1919-27) was dissatisfied with the vague situation that obtained in Kedah and, having been informed that the Britj-sh Government were unwilling to i n c o r p o r a t e t h e U M Sw i t h i n t h e F e d e r a t i o n f o r f e a r o f s t r o n g opposition from Johore and Kedah ln particular, Guillenard set about regulating his relations with Kedah. In 1923 the British position with Kedahwas defined by a treaty and some surat akuan. For Kedah the most important provision was Article iii of the treaty where it was stated that Kedahwould not be disposed to another power or nerged with another State or with the Straits Settlements "without the written consent of His Highness the Sultan in Council.rr This Article was to be of special significance in 1945-46. The treaty also prescribed the procedure for appointment to the State Council which haC been the source of so nuch controversy in 191.4-15. For Britain the key clause was Article v which defined the role of the British Adviser. W. Pee1, the British Adviser who witnessed the negoti-ation of this treaty and of the acconpanying surat akuan, subsequently recorded that the Regent was I'most reasonable except on one pointr': after the usual phrase (Article v) about Kedah taking the advice of the British Adviser in all matters save those pertaining to NIaIay religion and custom , Tengku Ibrahim wished to insert the words "provided that he, the Ruler, agree with such advice". On this point the Regent was described as t'most intransigent. . . owing to his having had someunfortunate disagreements with certain advisers who had failed to realise that smal1 concessionsoften achieve big results...rt Peel finally persuaded him to accept in place of this stipulation the written guarantee that in the event of a difference of opinion between Ruler and Adviser, the former could appeal to the High Comnissioner or even to the King in Britain. "The rlght of a Ruler to makesuch an appealrfrPeel noted, "was inherent, so there was no important concession.rrl* I t i s w o r t h n o t i n g t h a t t h e a m e n d m e nw h i c h K e d a h f i r s t t sought was almost identical to the one desired by the Ruler o f T r e n g g a n ua n d h i s S t a t e C o u n c i l l o r s i n 1 9 1 9 ( c p . p . a 7 O ) a n d t h a t t h e d e v i c e u s e d t o o v e r c o m eM a l a y o b j e c t i o n s ' w a s t h e s a m e i n b o t h i n s t a n c e s , e x c e p t . t h a t i n K e d a h r . sc a s e t h e * For footnotes see p.171

170

1n the

as

safeguard was written into the treaty and published. This was probably a wise precaution for, although Peel might have believed that the right of appeal was inherent in all treaThe Trengganu Ruler ties, the matter was open to doubt. received short shrift when, soon after signing the 1919 Treaty, he had a disagreement with his Adviser (although it is true that he does not seem formally to have appealed to London). Again, in 1935 the Sultan of Selangor, whose Londonwas known to be connected with his disapprovisit to val of Briti-sh interference in the Selangor line of succession, was^prohibited frorn discussing the affair with King The notion that any Ruler in treaty relations George V.z with Britain had the right to petition the Briti-sh monarch, or at any rate the Secretary of State, can be traced back to 1903 when the Sultan of Perak asked for a guarantee that he would be allowed to have recourse to such an appeal in the event of disputes with both hi.s Resident and the High Commissioner. The Malay Rulers seriously considered a joint submission to the King (not the Secretary of State) at the time of the MalayanUnion crisis in 1946. During the Anglo-Kedah negotj-ations of 1923, it appears t h a t i . t w a s s o m e t i m e b e f o r e t h e K e d a h G o v e r n m e n tc o u l d b e persuaded to relegate a number of points they wished included in the treaty to surat akuan, following the pattern provided by the Johore Treaty and suv,at akuan of I9t4 (cp. p.104), and they refused to transfer to suv'at akuan, as had Johore, the clause laying down that Ntalay should be an official State language. Before committing Kedah to the treaty, Tengku Ibrahim despatched a surat akuan suggesting certain lines of policy which Guillemard accepted on the day the treaty was signed. Betweenthem the treaty and the surat akuan goverled Anglo-Kedah relations until the Japanese occupation. J

FOOTNOTES Sir William Peel, "Co1onia1Service Notes, 1897-1935," R h o d e sH o u s e C o l l e c t i o n , B o d l e y M s s . B r i t . E m p . S 2 0 8 . Sir Frank Swettenham, Footpnrnts in MaLaga, London, 1 9 4 2 , p . 9 8 ; J . d e V . A l l e n , T h e M a L a y a nU n i o n , N e w Haven, 1967, pp.7-8. On this succession dispute see Yeo Kim Wah, "The Selangor succession dispute 1933-8", Journal of Southeast Asian Studies, 2, ii (Sept. 1971), pp.1.69-8. 4 The negotiations surrounding the suz,at akuan and the

t7l

L923 Treaty are clealt with in Sharon Ahmat, "Transition and Changein a Malay State: A Study of the Econornic a n d P o l i t i c a l D e v e l o p m e n to f K e d a h 1 8 7 9 - 1 9 2 3 1 ' ,P h D t h e s i s , L o n d o nU n i v e r s i t y , 1 9 6 9 , p . 2 8 8 f .

t72

KEDAH DOCUI\,IENTSSeptember-November, 1923 of Surat Akuan attached to 1923 Treatyl*

(i)

Regent of Kedah to Governor of the Straits Settlements

Alor Star,

Kedah

25th September, 1923

YOUREXCELLENCY, In view of the contenplated Treaty between Kedah and Great Britain I have the honour to enquire whether the fo1lowing lines of policy neet with Your Excellencyrs approval and concurrence:2. I trust that I shall always be informed before any o n e w h o mi t i s p r o p o s e d t o s e n d a s B r i t i s h A d v i s e r i n t h i s State is actualfy appointed.2 3. European Officers will be appointed or seconded to the Kedah service only after reference to the State Council and with Your Excellencyts concurrence, but I would ask that after they have been so appointed they should be regarded as KedahOfficers for the time being and should be expected to wear the Kedahwhite uniform in accordance with the rules in force in Kedah. This will not apply to the Adviser. 4. I a s s r r m et h a t i f I a m n o t s a t i s f i e d w i t h a n y s e c o n ded Officer it is open to me to recommendhis removal from the service of the State of Kedah. 5. The administration of this State sha1l so far as is possible, be carried out by ltlalay Officers, preference being given generally to Malays domiciled in Kedah and rnore especially to the natives of the Country. The State Council may select annually natives of the CountTy to be sent for higher education to Europe or Arabia or other similar count r i e s w i t h a v i e w t o t h e i r h o l d i n g G o v e r n m e n ta p p o i n t m e n t s . S The Governnent shall in such cases pay their expenses. 6 . T h e M a l a y s and Europeans in the Kedah service be treated on terms of equality For footnotes see P.176 should

173

7 . The present Secretary to Government and Chief lvlalay J u d g e s h a l 1 c o n t i n u e t o b e m e m b e r so f t h e S t a t e C o u n c i l s o long as they hold these appointnents. I have the honour to be, Sir, Your obedient Servant, Signature IBRAHIM.

(ii)

Governor of the Straits to Regent of Kedah.

Settlements

Government House, Singapore. lst Novenber, 1923.

Sir, I have the honour to acknowledgeYour Highnessts letter of the 25th September,1923, on the subject of the policy to be adopted in certain matters in view of the proposed definition by treaty of the relations between His Britannic Majestyrs Government and the State of Kedah, and to inform you that I agree with and accept Your Highnessrs suggestions on all the points dealt with in your letter. I have the honour to be, Sir, Your obedient Servant, L.N. GUILLEMARD.

t74

KEDAH TREATYof 1 November, 1923 Treaty providing for a British Adviser4

Agreementto determine the friendly relations between H i s B r i t a n n i c M a ' i e s t y ? s G o v e r n m e n ta n d t h e M o h a m e d a n t a t e S of Kedah. Madebetween His Excellency Sir Laurence Nunns Guil1enard, K.C.B., K.C.M.G., Governorof the Straits Settlements a n d H i g h C o m m i s s i o n e rf o r t h e l ' { a l a y S t a t e s o n b e h a l f o f H i s Majesty the King of Great Britain: And His Highness Tunku Ibrahin, C.M.G., Regent in the place of His Highness Sultan Abdul HamidHalimshah, K.C.M.G., on his own behalf and on behalf of the descendants of Sultan Abdul Hamid Halimshah who may succeed him as Sultan and Ruler of Kedah. 1. The State of Kedah shall continue to be under the protection of His Britannic Majesty who sha11 exercise the rights of suzerainty. 2. His Highness the Sultan of Kedah shall have no political dealings with any foreign power or potentate, exc e p t t h r o u g h t h e m e d i u r no f H i s B r i t a n n i c l r { a j e s t y r s G o v e r n ment. 3. His Britannic Majesty will not transfer or otherwise dispose of his rights of suzerainty over the State of Kedah to another power and will not merge or combine the State of Kedah or her territories with any other State or with the Colony of the Straits Settlements without the written consent of His Highness the Sultan in Council. 4. The successor to the Sultanate shall always be a direct descendant of Sultan Abdul Hanid Halimshah or of his ancestors chosen by the State Council and accepted by His Britannic Majesty. 5 . T h e S u l t a n o f K e d a ha n d h i s s u c c e s s o r s w i l l r e c e i v e and provide a suitable residence for a British Adviser to a d v i s e o n a l l m a t t e r s c o n n e c t e d w i t h t h e G o v e r n m e n to f t h e State other than matters relating to Malay custom or Mohamedan religion, and will accept such advice, provided that nothing in this clause shall in any way prejudice the right of the Sultan or his successors to address the High Commissioner for the Malay States or His Britannic Majesty if the Sultan so desires.

r
t0
ln1 -

I the

t75

The cost of the British Adviser with his establishment sha11 be determined by the High Comnissioner for the Malay States and shal1 be a charge on the revenues of Kedah. 6. The State of Kedah shall be governed by His Highness the Sultan with the assistance of a State Council which shal1 consist of His Highness the Sultan as President, three other M a l a y m e m b e r ss e l e c t e d b y n a m e o r o f f i c e b y H i s H i g h n e s s w i t h the approval of His Excellency the High Commissioner and a n o t h e r m e m b e rw h o s h a l 1 b e t h e B r i t i s h A d v i s e r . Provided that by mutual consent of the High Comnissioner for the Malay States and His Highness the Sultan additional member.: ay be m added to the Council for any specific period. In the absence of His Highness a Malay nember selected by His Highness sha11 preside over the Council. 7. The Malay language, with Jawi character in the case of written language, shal1 be the official language, in all departments of the Government of Kedah except where it is provided in the law of the State of Kedah or by special authorj-ty of Government that any other language rnay be used.

In witness whereof His Excellency Sir Laurence Nunns Guillemard, K.C.B., K.C.M.G., and His Highness Tunku lbrahin, C.M.G., Regent of Kedah, have set their respective seals and signatures. D a t e d a t S i n g a p o r e , t h i s l s t d a y o f N o v e m b e r ,1 9 2 3 , corresponding to the 21st day of Rabi Alawal, 1.342. Seal of High Commissioner. Signature W i t n e s se s LAURENCE cuiLLEI{ARD N. W. PEEL A.F. RICHARDS

Seal of Regent. Signature Witnesses iBRAIIIM MANSUR MOHMEDIDID

FOOTNOTES
I

O r i g i n a l i n K e d a hA r c h i v e s ; s e e a l s o C O 7 I 7 / 2 7 .

t76

The importance of sending to the Unfederated Malay States an Adviser who was acceptable to the Ruler had been noted in 1916 in connection with the Kelantan Rising of the previous year: CO 273/444, Young to CO conf. of 25 Mar. 1916 citing Sultan of Kelantan to Young of 8 Feb. 1916. In earlier years, at 1east, it was not thought necessary to defer to the Ruler's wishes in a p p o i n t i n g R e s i d e n t s t o F e d e r a t e d S t a t e s : C O D / C1 9 0 1 , C0 to Sir F.A. Swettenham f 21 May 1901. o

3.

This had been previously agreed in 1911: CO 273/313, W . G . M a x w e l l r s m e m oi n A n d e r s o n t o C 0 2 3 8 o f 9 J u n e 1911 . Original in KedahArchives.

t7'l

Note on the KedahTreaty of 1945

F o r a g e n e r a l n o t e o n t h e M a c M i c h a e lT r e a t i e s s e e p . 1 1 7 MacMichaelrs nission to the four northern States was complicated by the fact that the Rulers of these States had died during the Japanese period and their successors had not yet received official Both Malays and British recognition. the British officer in Kedah, E.V.G. Day, subsequently maintained that MacMichael had threatened HH Badlishah with exile in order to obtain his signature. His Highness, supported by his trusted adviser, Hj Moharned heriff, appealed S t o t h e 1 9 2 3 A g r e e m e n tb y w h i c h a n y t r a n s f e r o f s o v e r e i g n t y or union with other states without the written consent of For some the Sultan in Council was expressly prohibited. gave way days there was deadlock. Eventually Badlishah and, when the State Council had given its fornal consent to the new Treaty, he was officially recognised as Sultan and the Treaty was signed on 2 December. As MacMichael moved on to Perlis, Badlishah sent a telegram of protest to Whitehal 1.

178

of 2 December, 1945 KEDAH TREATY MacMichael Treatyl*

A g r e e m e n t b e t w e e n H i s M a j e s t y f s G o v e r n m e n tw i t h i n t h e United Kingdom of Great Britain and Northern Ireland and the State of Kedah. Whereas mutual agreements subsist between His Britannic Majesty and His Highness the Sultan of the State of Kedah: And whereas it is expedient to provide for the constitutional development of the Malay States under the protection of His Majesty and for the future government of the State of Kedah: It is hereby agreed between Sir Harold MacMichael, G.C.M,G., D.S.O., the Special Representative of His ltlajestyrs Government within the United Kingdon of Great Britain and Northern Ireland on behalf of His Majesty and His Highness Tunku Badlishah ibni Almarham Sultan Abdul Hamid Halimshah, K . B . E . , C . M . G . , 2 t h e S u l t a n o f t h e S t a t e o f K e d a hf o r h i m se1f, his heirs and successors:His Highness the Sultan agrees that His Majesty shal1 have ful1 power and jurisdiction within the State of Kedah. Save in so far as the subsi-sting agreements are inconsistent with this Agreement or with such future constitutional arrangements for Malaya as m a y b e a p p r o v e d b y H i s M a je s t y , t h e s a i d a g r e e ments shall remain in ful1 force and effect. Signed this 2 n d d a y o f D e c e m b e r ,1 9 4 5 . H . A . M A C M I C H A ES p e c i a l L, Representative of the British H.T. BOURDILLON B A D L I S H A HS u l t a n o f K e d a h 3 , M. SHERIFF YAACOB

Signature Witness Signature W i t n e ss e s

Government

For footnotes see p.180

t79

FOOTNOTES There is in the Malaysian National Archives a copy on which i-s a declaration signed by Major Leonard Owen, Notary Public of England, that this is an exact copy of the origi-nal. The use of "Tunku" here and in the case of Kelantan, but not in the case of the Trengganu MacMichael Treaty nor in any of the others, is just possibly worthy of note. A L m a n h q ms s p e l l e d t h u s i n t h e A r c h i v e s i version. The Kedah State Seal does not seem to have been affixed.

180

Note on the Kedah Treaty of 1948

ixed.

As a result of Malay opposition to the Malayan Union scheme and the MacMichael Treaties the British entered into negotiations with the Rulers and the leaders of UMNO. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and non-Ma1ay groups condemnedas undemocratic both the consultative process and the constitutional proposals, it was (i) to revoke the Malayan Union Order in Council, decided:1946, (ii) to replace the MacMichael Treaties by new State Agreements, and (iii) to establlsh a peninsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His Majesty) on 2l January - the day which also saw the conclusion of the Federation of Malaya Agreernent (see p.100). Under these State Agreementsthe jurisdiction of the Crown was confined to external affairs and defence. However, the Malay Rulers were sti11 bound to accept the advice of British Advisers (note: the same title was adopted by the principal British officials posted to the Malay States) "on all matters connected with the government of the State other than mattqs relating to the Muslim Religion and the Customof the Malays". In addition Their Highnesses were now subjected to written (Council of constitutions which provided for a legislature State) and an Executive Council in each State. Up to this tine only Johore and Trengganu had possessed written constit u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 p . 7 7 a n d T r e n g g a n u D o c u m e n to f 1 9 1 I p . 4 7 4 ) .

l8l

KEDAH TREATY of 2I January, 1948

t*

State Agreement revoking the MacMichael Treatyt

Agreenent made the twenty-first day of January, 1948, b e t w e e n S i r G e r a r d E d v r a r d a m e sG e n t , K . C . M . G . , D . S . 0 . , 0 . 8 . E . , J M.C., on behalf of His Majesty and His Highness Tungku Badlishah ibni AlrnarhunSultan Abdul Hamid Halimshah, K.C.l''1.G., K . B . E . , S u l t a n o f t h e S t a t e o f K e d a hf o r h i m s e l f a n d h i s successors: W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for the peace, order and good government of the State of Kedah: And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Kedah, has been pleased to make fresh arrangements to take effect on such day as His Majesty nay by order in Council appoint (hereinafter cal1ed I'the appointed day"): And whereas it is expedient to provide for the constitutional development of the State of Kedah under the protection of His Majesty and for its future government: Now, therefore, it is agreed and declared as follows:

Short title and conmencement.

1. This Agreementmay be cited as the Kedah Agreement, 1948, and shall come into operation on the appointed day immediately after coming i.nto operation of the Order in Council aforesaid. Notification of the appointed day sha11 be published in the MaLayan Union Gazette together with a copy of this Agreenent. 2, In this Agreement: rrEnactment'rmeans any law enacted by His Highness with the advice and consent of a Council of State constituted in accordance with this Amendment;

Interpretation

For footnote see p.186

r82

rrFederal Governmentrfmeans the Government of the Federation; t'the Federationrr means the Federation of Malaya to be ca11ed in Malay rrPersekutuan Tanah Melayu'r, which is to be established on the appointed day; rrFederation Agreementrr means the Agreement which is to be made between His Majesty and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendmentthereof; 'rthe High Commissioner" means the High Commissionerfor the Federation; "His Highness" means the Sultan of Kedah and His Successors; I'His Highness in Council" meansHis Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; t?Secretary of State" means one of His Majestyrs Principal Protection and external affairs. Secretaries of State.

3. (1) His Majesty sha1l have complete control of the defence and of all the external affairs of the State of Kedah and His lt{ajesty undertakes to protect the Governrnent and State of Kedah and all its dependencies fron external hostile attacks and for this and other simiLar purposes His Majestyrs Forces and persons authorised by or on behalf of His Majesty's Governnent shall at all times be allowed free access to the State of Kedah and to employ all necessary meansof opposing such attacks. (2) His Highness undertakes that, without the knowledge and consent of His Maj e s t y r s G o v e r n m e n t , h e w i l l n o t r n a k ea n y treaty, enter into any engagenent, deal in matters with, or correspond on political

r83

or send envoys to, Brit ish Adviser.

any foreign

State.

4. Hi-s Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on all matters connected with the government of the State other than natters relating to the Muslim Religion and the Custon of the l{a1ays, and undertakes to accept such advice; provided that nothing in this clause shall in any way prejudice the right of His Highness to address the High Commissioner, or His Majesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser with his establishment sha11 be determined by t h e H i g h C o m m i s s i o n e ra n d s h a l 1 b e a c h a r g e on the revenues of the State of Kedah. 6. tlis Highness shall be consulted before any officer whomit is proposed to send as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawfu1 authority and powers and to perform such 1awfu1 functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High Commissioner, perform within the State of Kedah such State duties and may exercise such State powers as may be imposed or conferred upon him by Hls Highness in Council or by Enactment. 9. His Highness undertakes to govern the State of Kedah in accordance with the provisions of a wri-tten Constitution which shall be in conformity with the provisions of this Agreementand of the Federation Agreement and which sha11 be granted and promulgated b1'His Highness as soon as conveniently nay be either in whole or, if His Highness thinks expedient, in parts from time to time. 10. In pursuance of the undertaking contained in Clause 9 of this Asreement and

Cost of British Adviser.

Appointment of British Adviser. Federa1 Officers.

WhenFederal Officers may perform State functions.

State Constitution

Councils to be constituted

184

in conformi-ty with the provisions of the Federation Agreenent His Highness undertakes forthwith to constitute than and
t0

(a) a Majlis Meshuarat Kerajaan, to be ca1led in English State Executive Counci 1 : (bl a Majlis MeshuaratNegri, to be cal1ed in English Council of State. His Highness to be consulted before posting of officers by High Commissioner to posts borne on State estimates. Impartial treatment. 11. His Highness, unless he sha11 otherwise direct, shal1 be consulted before any officer is posted by or on the authority o f t h e H i g h C o m r n i s s i o n e rt o a n y p o s t b o r n e on the State Estimates.

12. AI1 persons of whatsoever race in the s a r n eg r a d e i n t h e s e r v i c e o f t h e S t a t e o f Kedah sha1l, subject to the terms and cond i t i o n s o f t h e i r e m p l o y m e n !b e t r e a t e d impartial 1y. 13. His Highness desires and His Majesty agrees that it shal1 be a particular charge upon the Governnent of the State of Kedah to provide for and encourage the education and training of the Malay inhabitants of the State of Kedah so as to fit them to take a full share in the economic progress, social welfar:e and government of the State and of the Federation. 14. (1) The Agreenent made on the 2nd day of Decenber, 1945, betweenHis Majestyrs Government within the United Kingdom of Great Britain and Northern Ireland and His Highness Tunku Badlishah Ibni Almarhum Sultan Abdul HamidHalimshah, K.B.E., C.M.G., the Sultan of the State of Kedah, for Himself, His Heirs and Successors is hereby revoked. (2) AI1 Treaties and Agreements subsisting immediately prior to the making of the aforesaid Agreement of the 2nd day of December, 7945, sha1l continue in force

Education and training of Malays.

Previous Agreements

r85

save in so far as they are inconsistent with this Agreenent or the Federation Agreement. Soverei gnty of the Ru1er. 15. The prerogratives, power and jurisdiction of His Highness within the State of Kedah shall be those which His Highness the Sultan of Kedah possessed on the first day of December, 194I, subject nevertheless to the provisions of the Federat'ion Agreement and this Agreement. 16. This Agreenent shall be expressed in both the English and the Malay languages; but, for the purposes of interpretation, regard shaI1 be had only to the English vers ion .

Language of Agreement.

In witness whereof Sir Gerard Edward Jarnes Gent, K.C.M.G., D.S.0.,0.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His Highness Tunku Badlishah ibni Alrnarhum Sultan Abdul Hamid Halimshah, K.C.M.G., K.B.E., Sultan of the State of Kedah, has hereunto set his hand and seal the day and year first above written, corresponding to the tenth day of the nonth of Rabiulawal t h e H a j i r a o f t h e P r o p h e t ( o n w h o mb e b e n e d i c t i o n a n d P e a c e of God) one thousand three hundred and sixty-seven.

Signature and seal of W it n e s s Signature and seal of W it n e s s e s

G . E . J . G E N Tf o r a n d o n b e h a l f His Majesty E.V.G. DAY BADLISHAH , Sultan of Kedah M. SHERIFF YACOB

of

FOOTNOTE

t.

Provenance: Statutony fnstrwments foz, 1948, I, i, no 108, The Federation of Malaya Order in Council, 1948

186

Kelantan

Kelantan became a Muslim state in the fifteenth century when her overlord, the Ki-ngdomof Patani, was converted to Islam by Malacca. As Patani declined, Siam asserted varying degrees of authority over Kelantan and her southern neighbour, Trengganu. Although the Sultans of both Malay States sent the bunga mas to Bangkok, they resisted Siamese aggression as much as they dared and, after the arrival of the East India Conpany on the West Coast, they sought Briti*r help in their struggle for independence. While Straits officials were eager to stem Siamese expansion down the Peninsula, in the early nineteenth century, the government - hence the ambiguous deof India prohibited intervention finition of the status of Kelantan and Trengganu as supplied in article 12 of Burneyrs Treaty (p.317). From 7827, Siam, h a v i n g a b a n d o n e dh e r d e s i g n s o n t h e w e s t - c o a s t S t a t e s , c o n centrated on those on the east, and Kelantan, being weaker and closer to Siam, was nore effectively subjugated than was Trengganu. Meanwhile, though inhibited by their masters, Governors s u c h a s C a v e n a g h( 1 8 5 9 - 6 7 ) , O r d ( 1 8 6 7 - 7 3 ) a n d W e l d ( 1 8 8 0 - 8 7 ) attempted to block this extensi-on of Siamese control over the MaLay States. Towards the end of the nineteenth century rivalry with the French in Indo-China and, after 1896, fear o f G e r m a nd e s i g n s o n K e l a n t a n , c a u s e d B r i t a i n t o a p p e a s e Bangkok over the northern Malay States. By the secret AngloSiameseConvention of 1897 (p.327) Britain guaranteed Siamrs territorial integrity in exchange for a pronise by Bangkok not to part with any territory without British consent. Indeed, in the 1890rs Britain was more fu11y committed, both by obligation and inclination, to recognise Siamrs claims of suzerainty over the northern Malay States than ever before. Officials on the spot bitterly opposed the 1897 Convention, rnaintaining as always that Siamrs claims had little or no substance. They were certainly wrong about Kelantan at that date: in 1896 its Ruler had told the Governor-High C o m m i s s i o n e rt h a t h e , l i k e h i s f a t h e r a n d e l d e r b r o t h e r b e fore him, was I'an officer of Siam".1* Moreover, a Siamese C o m m i s s i o n e rw a s r e s i d e n t i n K o t a B a h r u . By 1900, however, London opinion too was turning against the 1897 arrangernent a n d t h e i d e a s o f C h a m b e r l a i " n ,w h o w a s l e s s c o m m i t t e d t o S i a n r s integrity than someof his Cabinet colleagues, were beginning to prevail in the Foreign and India Offices as well as in the Colonial Office.2 187

FOOTNOTES

1. 2.

CO 273/217: Mitchell sures.

to C0, 14 Sept. 1896 and enclo_

Eunice Thio, I'British policy in the Malay peninsula, 1880-1909", PhDthesis, University of London, 1956, p.428 ff.

188

Note on the Kelantan Document of 1900

The Duff Concession of 1900, which granted to an individual Englishman (who later set up a Company) extensive political and economic rights over an area comprising more than half the State, was a dominating factor in Kelantanrs history right up to the time of its final cancellation in We have, however, interpreted it as significantly 1930. affecting Britainrs relations with the Kelantan Malays cnly up to 1909, when by the Anglo-Siamese Treaty Britain acquired ultimate rights of control over Kelantan which transcended any rnere concession rights held by a private company. Before 1909 the Duff Concession limited the sovereignty of the Kelantan Ruler in his own State, and that of his Siamese overlords, because if its terms were ignored there was a s e r i o u s r i s k o f B r i t i s h i n t e r c e s s i o n o n t h e C o m p a n y r sb e ha1f. It was also significant that the sovereign rights thus lost to the Ruler were bestowed upon an Englishman, position in the British albeit one who held no official Governrnent. After 1909 the authority of the Malay Ruler and his British Adviser was linited by the Concession only in so far as the British authorities - including under that term the Courts in Britain as well as the Straits Government - chose that they should be. Power, in effect, was all, or potentially all, in British hands, and although there was some dispute about uhich British hands, the lvlalays were not directly a party in this dispute. The tug-of-war between t h e t w o B r i t i s h s i d e s a n y w a yr a p i d l y d e c l i n e d i n t o a f i n a n c i a l w r a n g l e , t h e C o m p a n ys e e k i n g t o e x t o r t a s m u c h a s p o s s ible from the Kelantan Governrnent (who in turn got the money, o n B r i t i s h o r d e r s , f r o r n t h e G o v e r n m e n t so f t h e S t r a i t s a n d t h e FMS) in exchange for rights and privileges it knew it could not sustain. The question of jurisdiction over the population of the State was no longer relevant as it had been before 1909. We have therefore omitted all the various Deeds of Cancellation and new Agreementswhich followed that date, and contented ourselves with a more or less factual a c c o u n t o f d e v e l o p r n e n t s ( c p . N o t e o n K e l a n t a n D o c u m e n t so f 1903, 1904 and 1905). Duff had visited Kelantan with Clifford's 1895 expedition against the Pahangrebels, for which London had sought Siamrs permission and assistance, thereby perhaps consolid a t i n g B a n g k o k r sp o s i t i o n a t l e a s t i n K e l a n t a n . He was invalided out of the Selangor Civil Service in 1900 and thereupon formed a syndicate and announced his intention of applying for a concession in Kelantan. The British

189

G o v e r n m e n ti n s i s t e d h e s h o u l d s e e k S i a m e s e a p p r o v a l , a s under the lB97 Convention they were bound to do. His own, somewhat buccaneering account of how he got the Raja of Kelantan to sign the concession in spite of Siamese attempts to prevent him, and subsequently inveigled the Siamese into recognising the Rajars absolute right to make such a grant, survives;1* but in the absence of any confirmation from Siamese sources it should be treated with caution. What is clear is that in October, 1900, the Raja sealed, in the presence of his Council, a concession giving Duff enormous e c o n o m i c p o w e r o v e r a h u g e a r e a ( K e l a n t a n D o c u m e n to f 1 9 0 0 ) , although the bestowal of I'very comprehensive adninistrative powers powers of the the whole of the adninistrative can be deduced only frorn the absLnce of rnention interior"2 in the agreement of any other arrangement, It is also noteworthy that the Agreement purported to provide for some s o r t o f p a r t n e r s h i p b e t w e e n D u f f a n d t h e R a ja . Having obtained this document and also a letter from the Siamese Government admitting (so Duff averred) the Su1tanrs right to make such concessions, Duff confronted the B r i t i s h G o v e r n m e n tw i t h a t h T e a t t o f l o a t h i s C o m p a n ye l s e where if they would not support him. (He later named Paris and St. Petersburg as the alternatives he hinted at, but at the time he seems to have mentioned Berlin too.)3 The Colonial Office believed he was bluffing but were not sure. They therefore endorsed his concession, asking him to have it ratified once more by Siam in spite of his protests that the Siamesehad no right to interfere. It is not clear from his own account that he re-applied to Bangkok, but London wished the rnatter to be cleared up and in 1902 event u a l l y g o t u n c o n d i t i o n a l S i a r n e s er e c o g n i t i o n f o r h i m . 4 By this time Duff was ensconced in Kelantan and had evidently e n t e r e d i n t o a l l i a n c e w i t h S i r F r a n k S w e t t e n h a m ,w h o h a d a t first wanted his concession cancelled.) Sir Frank Swettenhamrs activities in Kelantan during 1902 were a source of s o m e e m b a r r a s s m e n tt o L o n d o n ( s e e N o t e o n K e l a n t a n T r e a t y o f 1902) but there is no significant evidence that Duff played a maJor part in them, and, even if he did, they did not lead directly to the 1902 Treaty as signed (which, ironically e n o u g h , c o n f i r m e d r a t h e r t h a n w e a k e n e dt h e S i a m e s e p o s i t i o n ) . Up to 1902, therefore, there is no substance for Duffrs p later claim that his Company layed any major part in bringing Kelantan into the British Empire.b

For footnotes see p.191

190

FOOTNOTES A. Wright and T.H. Rei-d, The Malay PenirsuLa, 1912, pp.153-161.
I

London,

IbLd., p. 157. Cp, Thio, op cit., p.409.

C O D / C3 6 o f 1 9 0 2 , F 0 t o C 0 , 1 1 J u n e 1 9 0 2 i n C O t o Swettenham,20 June 1902, Singapore National Library. GDIC 1901-1902, Sir Frank Swettenhan to C0, 20 Nov. I90l; cp, GD/C1900, J.A. Swettenhamo CO, 19 Nov. t 1900, which encloses sone documentsrelevant to the c o n c e s s i o n . S i r F r a n k S w e t t e n h a md i s c u s s e d D u f f ' s concession with the King of Siam in Singapore on 16 J u l y 1 9 0 1 , s e e G D I C 1 9 0 1- 7 9 0 2 , S i r F r a n k S w e t t e n h a m to C0, 23 July 1901, Singapore National Library. R. Ernerson, Malaysi.a: a Study in Diz,ect and fndiy,ect RuLe, Kuala Lumpur, 1964, p.256.

5.

6.

l9l

KELANTAN DOCLiMENT 10 October, 1900 of

ljutt uoncesslon. l*

(Trans 1at ion)

The document below written, made in the town of Khota Bahru, on the 15th day of the month Jemadilachi-r,2 in the year 1318, by the reigning Rajah of Kelantan, who is in good health, and who has sufficiently considered the undermentioned details, and consulted with the Rajah Muda, with all the P r i - n c e s o f t h e R o y a l B l o o d . a n d w i t h m e m b e r so f h i s C o u n c i l . W h e r e a st h e a b o v e - m e n t i o n e dp a r t i e s h a v e ( a s t h e r e s u l t of their consultation) one and all decided to sign an Agreement with an Englishman naned Robert William Duff, by which we, the reigning Rajah of Kelantan, grant to the said Robert William Duff two portions of land in the State of Kelantan in order that he shall work such land in partnership with us granted for and with others; and in these two districts this purpose the said Robert William Duff has the right to work minerals and timber and every other kind of work in urhatever nanner he pleases, and in no case whatsoever may anyone else undertake any work in those two districts except with the pe::mission of the reigning Rajah of Kelantan, together rvith the said Robert Willi-am Duff . And the fo11owing are the particulars of the above undertaki,ng:The first district: The northern boundary - from Kuala Kusial, following that strearn to its source, then straight to the Legeh boundary. And on the east the boundary is the main river from Kuala Kusial, following the river upstrean to Kuala Sitom, and the boundary on the south is from Kuala Sitom, following that river to i-ts source, thence straight to the boundary of Perak and Kelantan. And on the west the boundary j-s the boundary between the State of Kelantan and the State of Perak and Leseh. And the second distri-ct is as follows: 0n the east include the main river from Kuala Lebir upstream to Kuala Ampul, to its source where it reaches the Pahang boundary, and the boundary of the west includes the river from Kuala Lebir upstream to Kuala Bong, thence up that stream to the boundary of Pahang, and the boundary on the south is the boundary between Kelantan and Pahang. A n d t h e r e i g n i n g R a j a h o f K e l a n t a n h e r e b y e m p o w e r st h e For footnotes see p.194 192

s a i d R o b e r t w i 1 1 i - a mD u f f t o w o r k t h e a b o v e d e s c r i b e d l a n d for the space of forty years, and moreover the said Rajah of Kelantan grants to the said Robert william Duff the rigtrt to form companies for the purpose of working rninerals and other things in these two distri-cts in such manner as he pleases; but all such conpanies wirl be bound by the terms of this Agreement. And the said Robert william Duff agrees to furfil the several conditions inposed hereunder. 2. On entering the State to commence ork the said w Robert williarn Duff undertakes and promises to pay 20,000 d o l l a r s t o t h e G o v e r n m e n to f K e l a n t a n . 3. The said Robert william Duff undertakes as regards the share of the Rajah of Kelantan, who is a partner in this concern' that in every twenty-five shares in the concern one share sha1l be given to the Kerantan Government. But the said Robert william Duff agrees that the Rajah of Kelantan is not to pay any money, either principal or interest; such monies are to be paid by the said Robeit witliam Duff himself. 4, In the event of any nineral being found such as gord, tin, silver or dianonds, or other precious stones, or any timber worked in these two districti, the said Robert witiiam Duff agrees and undertakes to pay duty at the rate of one in t w e n t y ( 5 p e r c e n t . ) , e i t h e r i n m o n e yo r i n k i n d , t o t h e Kelantan Government. But elephants' tusks and rubber and rattans in these two districts are not included in this Agreernent, and the said Robert william Duff or his representat:i_ve may not work these products, but he may work such rattans as he chooses for use on the property. 5. If the sai-d Robert william Duff or his substitute undertakes planting operations or other work the said Robert william Duff undertakes to pay export duty on the produce of one in twenty, ad Dalonem, to the Kelantan Government. 6. The said Robert William Duff agrees, in respect of any persons within the two districts, that any action that may arise may be settled in the police court in Kelantan, and that no case may be taken for settrement outside Kelantan, and moreover the poli-ce of Kelantan may arrest any evil-doer within the two aforesaid districts. 7. From the date of this document, if the said Robert william Duff or his representative does not enter Kelantan to work within fifteen months this document shal1 become null and void, and the sai.d Robert wilriam Duff or his representa-

r93

tive may not se1l or sub-1et or give away the land, except with the consent of the Rajah of Kelantan. 8. In the event of the said Robert William Duff or his r e p r e s e n t a t i v e c o n m e n c i n gw o r k a s a f o r e s a i d , a n d , a f t e r w o r k ing, ceasing to continue doing so, he is allowed twenty-four At the expiration of the twenty-four months the months. reigning Rajah of Kelantan may resume the land and give it And the said Robert Williem Duff to whomsoever e pleases. h or any shareholders in any conpany which nay have provided capital may not take action for the recovery of any loss But any goods or chattels which may have been suffered. of value may be sold by the said Robert William Duff or his And if any r e p r e s e n t a t i v e t o w h o m s o e v e ri s w i l l i n g t o b u y . the owners nay not sel1 them stone houses have been built, except to persons who are under the rule of Kelantan, but the land in which they are built may only be sold with the consent of the Kelantan Government. 9. If the said Robert William Duff wishes to appoint any substitute in this work he must bring such substitute before the Kelantan Government and register hi.s nane in the State. And such substitute sha1l be bound by all the conditions of this Agreement. Sealed by the Sultan with both his seals and signed by R.W. Duff in the presence of Saiyid Hussain and Neh Hassan. Present at the signing, Counci 1 . Seals of Signature the Rajah Muda and all the

Sultan MUHAMMAD KELANTAN of R.W. DUFF

FOOTNOTES In Copy encl. in CO273/3I4, F0 to CO, 8 Apr. 1905. CO273/3I5, R. Paget (British Minister at Bangkok) to F0, 15 June 1905, enclosed in F0 to CO, 1 Aug. 1905, a letter from Duff is quoted in which he says that the "original'f agreement (sc. the one the Raja actually sealed)was in Malay. In the letter is enclosed a translation differing "very sli-ghtlyrr fron the official one - i.e. the one here given. 2. The precise date of the orl.ginal concession is unclear.

194

In the papers at CO273/ 314 it appears variously uiz: on this document, as 15th Jemadilachir, on the documents of 1903 and 1904 (see p.2O8and p.2IL) as 13th Jemadilachir throughout, and in the 1905 Agreement (see p.212) it appears first as 15th Jenadilachir and then as 13th Jenadilachir. I t i s p o s s i b l e t h a t t h e c o p i e s i n C O 2 7 3 / 3 1 4a r e i n correct but it is probable that there is another reason for the discrepancy. 10 October 1900, was actually t h e 1 6 t h d a y o f J e m a d i l a c h i r ( J u m a d aA l - U k h r a ) . Had Duff tried to work the Islamic equivalent out himself, he might have forgotten that 1900 was a leap-year and so arrived at 15th Jemadilachir. How he subsequently arrived at l3th as well is not clear. I t s e e m sp c s s i b l e that the official translation was not made from the Malay original but from Duffrs copy of it.

r95

Note on the Kelantan Treaty and Documents of 1902

The signing of the 1902 Agreementbetween Sian anC Kelantan, over which Britain in a sense presided, was accompanied by an almost unprecedented anount of diplomatic confusion and i-n the end at least three separate versions of W;-thout going into undue dethe treaty had been signed. tai1, it can be said that this confusion arose frorn two First of all, the degree of Siamesecontrol basic reasons. from the degree of such conin Kelantan was very different again from the situation trol in Trengganu (and different ':- n^+^-:\ ^ ^ ' r c u m s t a n c e w h i c h n e i t h e r S i a m e s en o r B r i t i s h Secondly, negotiations on the Briwere prepared to admit. tish side were carried on by at least two groups with very In London the Foreign differing prlorities and beliefs. impliOffice were muchmore concerned with the international cations of any overt pressure on Siam than with the situation in the Malay Peninsula, and were inclined to believe (or at least committed by the 1897 Anglo-Siamese Convention and the 1899 Anglo-Siamese Treaty to accept) that Siam had conplete sovereignty over Kelantan and Trengganu as well as Patani. In Singapore, however, the Governor-High Commiss i o n e r S i r F r a n k S w e t t e n h a mw o r k e d o n t h e a s s u m p t i o n t h a t Siam had no rights in Kelantan and Trengganu and (for most of the period) deserved none in Patani, and pursued a series of largely independent negotiations designed to extend British control to at least Kelantan and Trengganu by almost any means. The fact that Trengganu ultimately refused to sign any treaty was a sad comnentary on Siamese pretensions: the fact that the Kelantan Ruler eventually si-gnedthree was a judgement on Londonrs wisdom in continuing to negotiate, t h r o u g h S w e t t e n h a mi n s p i t e o f a b u n d a n t e v i d e n c e o f h i s i r r e sponsibility. This reliance on the Governor was in turn the consequence of an increasing tendency in London, through the y e a r s 1 9 0 0 t o 1 9 0 3 , t o l e a v e S i a m e s ea f f a i r s t o t h e C o l o n i a l Office, who, though they could not endorse all the Singapore schemes, were more interested in the extension and consolidation of British influence than in the rnaintenanceof Siam's integrity. temitorial
LtI rdLdttL) t d vL

Swettenham had long been an extreme exponent of the over Kelantan and Trengganu view that Siam had no jurisdiction and that the Malays of those States needed, and on the whole wanted,British intervention. That Siam had sone jurisdiction over Kelantan, at least since 1890, is certain, and it is equally certaln that the population of Trengganu at least had no desire for British overlordship. The Straits Govern-

196

nent nevertheless strongly opposed the secret 1899 Treaty between Britain and Siam and the Anglo-Siamese Convention w h i c h p r e c e d e d i t ( s e e S j - a mT r e a t i e s o f 1 8 9 7 a n d 1 8 9 9 ) b y which Britain guaranteed Siamrs territorial integrity in exchange for promises that Siarn would not part with any without Britainrs consent nor permit other powers territory to win concessions in her southern dependencies which might harm British interests in Malaya. The Duff Concession ( q . u . ) h i g h l i g h t e d a w e a k n e s so f t h i s a r r a n g e m e n t , a s L o n d o n eventually confessed: that since no other power than Britain recognised Siamts authority in Kelantan and Trengganu, no foreign concessionari.es except British ones would feel obliged to apply,fo Bangkok for ratification of concessions in those States.l Britain's "safequards't were thus hardly safeguards at all. Once London was convinced of the danger to British interests in lr{alaya - and Germany, to some extent Russia, and, if Swettenhams to be believed, the U.S.A. had all expressed i interest in the region - they sought a fresh formula which would not prejudice Siamrs ultinate suzerainty. They seized o n a s u g g e s t i o n o f S w e t t e n h a mt h a t i f B r i t a i n w o u l d n o t annex Kelantan and Trengganu (which he would infinitely have preferred) Siam might agree to send to those States advisers of British nationality on the analogy of the British Residents in the Federated lrlalay States.2 There can be no doubt that Swettenham, and less ernphatically London, visualised such advisers as having the samepowers as Brit i s h R e s i d e n t s e n j o y e d i n t h e F M S Ja n d a s b e i n g u l t i m a t e l y , if covertly, answerable to the Singapore Governor. This Siam refused to accept and when, in August of that year, London became impatient of delay and threatened to send Swettenham to sign treaties with Kelantan and Trengganu independently of Bangkok, they agreed to sign the drafts a l r e a d y s u b m i t t e d o n 1 , y p r o v i d e d t h e y w e r e a c c o m p a n i e db y Secret Notes guaranteeing that the advisers should be "favourably known to the Siamese Government'r (Kelantan Documents of 1902). Before then, however, there had beeri a number of complications owing to Swettenham's unauthorised initiatives. Although he had first proposed the idea of advisers of British nationality, S w e t t e n h a mw a s f a r f r o m s a t i s f i e d w i t h Londonrs handling of the business and suggested that he should be authorised to carry out the negotiati-ons himself. London continued to deal directly with Bangkok, but when the Siamese King Chulalongkorn visited Singapore in February 1902 the Governor was autirorised to urge him to get the two treaties signed. This he did so strongly, throwing in an (unauthorised) suggestion that Siam should cede to Britain * For footnotes see DJ99

t9'l

all the islands off Trengganu and Kedah, that the King departed precipitately much offended. While these conversations were going oD, Siamrs agent in Patani deposed the Malay Raja and all his vassals, giving Britain too cause to suspect perfidy. Final1y, in May Swettenham entertained the Raja of Kelantan with what Bangkok declared to be the honours due only to an independent monarch, and Siam briefly suspended any idea of sending advisers of British nationality. Swettenhamrs conversations with the Kelantan Ruler, neanwhile, were followed by a series of incidents in that State. According to the Governor, the Raja at first denied any Siamese suzerainty in Kelantan and said he would rather fight than subnit to an agreenent which accepted it. He returned to Kelantan with 700 rifles. Then in June he asked for British protection and a British Resident, adding that if the first was impossible he would accept the second alone. In Septenber occurred the I'Kelantan Incidentr' - the French press alleged that the State had been occupied by British seems to have been some sort soldiers, and there certainly of armed disturbance, in which the Ruler was possibly involAgainst this backved, aiming at ejecting the Siamese. ground it is not surprising to learn that negotiations in L o n d o nm a d e 1 i t t 1 e p r o g r e s s . + When Siam eventually signed the draft treaties it was S w e t t e n h a mw h o m L o n d o n s e l e c t e d t o g o a n d c o l l e c t t h e s e a l s of the Kelantan and Trengganu Rulers, in spite of the Siamese H e w a s w e l c o m e db y t h e protests over his previous visit. Kelantan Ruler, who signed both the English-language draft (Kelantan Treaty of 1902) and a Malay version prepared by Swettenham which, however, the Colonial Office subsequently The Sultan of Trengganu' however, redeclared inva1id.5 fused to admit to Siamese suzerainty by signing either draft, and when the Siamese, naturally suspicious of Swettenhamrs sent a commissioner with theiy, version of the intentions, Treaty the Trengganu Ruler refused to sign that either, a1The though the Raja of Kelantan gave his seal as usual. Although the Secret Notes question was not closed, however. 'tfavourably known to the provided that the advisers should be Siarese Governmentr', Britain continued to try and insist that they should be recruited from the Civil Service in Malaya. It was not until 1903, when the siamese Anbassador in Paris made a strong protest about the Governor of the Straits seeking to dictate to the Ki-ng of Siam on this matter, that Lansoverruled the colonial office and agreed to downe finally the appointment of W.A. Graham, a British officer in the Siamese Government, as Kelantanrs first Advi-ser under the new Treaty.

198

FOOTNOTES
l.

C O D / C3 5 o f 1 9 0 1 , C 0 t o S w e t t e n h a m , 2 9 M a r . I 9 0 I 1 , c p , G D / C1 9 0 0 , J . A . S w e t t e n h a m o C 0 , 1 9 N o v . 1 9 0 0 . t CO 273/274, C0 to F0, 28 Dec. 1901i cp. Thio, op. eit., pp.423-427 . C O 2 7 3 / 2 9 8 , S w e t t e n h a mt o D u f f , Duff to C0, 22 Mar. 1903. 6 Dec. 1902, quoted in

2. 3.
4.

GD/C8 of 1901-02, passim; GD/C 10 of 1902, Swettenhan t'semi-officialrr to Lucas, 15 May 1902, Swettenham e1. t t o C 0 , 1 6 J u n e 1 9 0 2 , S w e t t e n h a mt o C 0 , 2 J u I y 1 9 0 2 , S w e t t e n h a mp r . t o C h a m b e r l a i n , 1 5 J u l y 1 9 0 2 , S w e t t e n h a m t o C 0 , 1 4 A u g . 1 9 0 2 ; C O D / C3 7 o f 1 9 0 2 , C 0 t e 1 . t o Swettenham, 14 July L902, C0 to Swettenham, 30 July 1902 6 encls. C O D / Co f 1 9 0 3 , C 0 t o S w e t t e n h a m , 3 1 J u l y 1 9 0 3 .

5.

t99

KELANTAN DOCUMENTS 6 October, of

1902

Preanble and Secret Notes attached to the 1902 Treatyl

Declaration. The undersigned duly authorised by their respective Governments, after careful examination o f t h e p r e s e n t c o n d i t i o n o f t h e S t a t e s o f K e l a n t a n a n d T r e n gganu, and of the arrangements which it is expedient to ma e w i t h r e g a r d t o k t h e i r a d m i n i s t r a t i o n , h a v e a g r e e d u p o n t he terms of a Draft .Agreementof which a copy is annexed to t h i s D e c l a r a t i o n , t o be concluded between His SiameseMajesty and the Rajahs of those States. I t i s a g r e e d t h a t t h i s Dr a f t s h a l l b e a t once communicated with the Rajas for the purpose of procuring their adhesion to it. A s t h e c o m m o n bj e c t o f b o t h G o v e r n o m e n t s t h r o u g h o u t t h e n e g o t i a t i o n s h a s b ee n t o m a i n t a i n t h e security and stability o f t h e K i n g d o mo f S i a m a n d i t s d e p e n -t dencies and to promote the good governme t o f t h o s e d e p e n d e n n cies, and the contentrnent and prosperity of their peoples, t t l i s B r i t a n n i c M a j e s t y f s G o v e r n m e n tu n d e rt a k e t o i n s t r u c t f, j their representatives and officers in th e Malay Peninsula to S ; g i , , i c o o p e r a t e c o r d i a l l y f o r t h e s u c c e s s f u l wo r k i n g o f t h e A g r e e H i s S i a m e s eM a j e s t y ? s G o v e r n m e n to n t h e i r p a r t u n d e r f I ament. gE etake that its provisions sha11 be faithf u11y observed by * .oltherr ottrcers, and that there sha\\ be no in\-erf erence \n '! the affairs of the two States otherwise than is provided for 3 .i in the Agreement.
E

II

Secret Notes. S e c r e t N o t e f r o r n L o r d L a n s d o w n et o S i a m e s e C o m m i s s i o n e r

The undersigned, His Britannic lt{ajesty's Secretary of State for Foreign Affairs, has the honour to make the following communication to Phya Sri Sabadheb, Special Envoy of His Majesty the King of Siarn, in regard to the Agreement relative t o t h e S i a r n e s eD e p e n d e n c i e s o f K e l a n t a n a n d T r e n g g a n u , t h e terms of which have been arranged between His Britannic l'{ajestyrs Governnent and that of His Siamese}'lajesty: T h e B r i t i s h G o v e r n m e n th a v i n g t h r o u g h o u t t h e s e n e g o t i a tions been actuated by the same sincere desire to respect the Treaty rights of His Majesty the King of Siam in the Malay Peninsula, and to promote the stability and security of the K i n g d o mo f S i a r n a n d i t s d e p e n d e n c i e s , t h a t h a s h i t h e r t o characterj-sed the policy of Great Britain, undertake to instruct their representatives in the Malay Peninsula to use * For footnotes see p.205

200

their influence to secure the peaceful adoption by the Rajas of Kelantan and Trengganu of the Draft Agreement, on the understanding that the Siarnese Government on their part will strictly observe its terms and instruct their officers to faithfully The undersigned thinks it right, carry them out. however, to observe that in order to ensure the successful working of the Agreenents and having in view the inrnediate propinquity of the Malay States under British Protection to the two States in question, it will be essential that the officials appointed to be the Advisers and Assistant Advisers of the Rajas, as mentioned in Article ii of the Agreement, shal1 be of British nationality, and that the concurrence of H i s B r i t a n n i c M a j e s t y t s G o v e r n m e n ts h o u l d b e c o n f i d e n t i a l l y obtained for their selection, removal, and the renewal of their appointments.

Secret Note frorn the Siamese Commissioner to Lord Lansdowne The undersigned, Phya Sri Sabadheb, Special Envoy of His Majesty the King of Siam, has the honour to acknowledge the r e c e i p t o f t h e n o t e o f t h e M a r q u e s s o f L a n s d o w n eo f t h i s d * e in regard to the Agreementsrelative to the Siamese dependencies of Kelantan and Trengganu, the terms of which have been a r r a n g e d b e t w e e n H i s S i a m e s e M a j e s t y ' s G o v e r n m e n ta n d t h a t of His Britannic Majesty, and in reply to the assurances and considerations therein set forth he is authorised by his G o v e r n r n e n tt o g i v e t h e f o l l o w i n g c o n f i d e n t i a l a s s u r a n c e s : In view of the interest which His Britannic Majestyrs Government must necessarily have in the peace, order and good governnent of these States on account of their propinquity to the Straits Settlements and to the Malay States under British protection, and in consideration of the nutual relations w h i c hh a v e b e e n e s t a b l i s h e d b y p r e v i o u s t r e a t i e s b e t w e e n Great Britain and Siam in respect of the Malay Peninsula, H i s S i a m e s eM a j e s t y ' s G o v e r n m e n t v i 1 1 a p p o i n t o f f i c i a l s r of British nati-onality to be the Adviser and Assistant Advisers of the Rajas of Kelantan and Trengganumentioned in Article ii of the Agreement. These officials will be selected from a m o n gp e r s o n s o f B r i t i s h n a t i o n a l i t y w h o h a v e s e e n s e r v i c e under the Siamese Government or are also favourably known to the Siamese Government, and who are also favourably known to And His t h e B r i t i s h G o v e r n m e n tb y s e r v i c e o r o t h e r w i s e . w S i a m e s eM a j e s t y r s G o v e r n m e n t i l l i n a l l c a s e s p r e v i o u s l y c o n s u l t H i s B r i t a n n i c M a j e s t y t s G o v e r n m e n ti n r e g a r d t o t h e i r selection, removal and the renewal of their appointnents by confidential communicationswith His Britannic Majestyrs Representative at Bangkok. The appointmentswill be made in

201

each case for a term of not less than three nor more than five years subject to renewal by the siamese Government, and the salaries to be paid by the Rajas will be approximately on the following scale: Adviser Kelantan Assistant Adviser Adviser Trengganu... Assistant Adviser ... e1,000 to 11,100 i5 00 to 8800 to f600

r900 8600

r500to

Done at London the 6th day of October, IgO2 Seal and Signature LANSDOWNE, Secretary of State for Foreign Affairs PHYA SRI SABADHEB, SiameseCommissioner

Seal

a n d Signature

202

KELANTAN TREATY of October, 1902 Agreementwith Siam for an Adviser of British Nationality2

W h e r e a st h e S t a t e o f K e l a n t a n h a s b e e n r e c o g n i s e d t o b e a D e p e n d e n c yo f S i a m , a n d w h e r e a s i t i s d e s i r a b l e t o d e f i n e t h e p r i n c i p l e s u n d e r w h i c h t h e G o v e r n m e n to f t h a t S t a t e is in future to be_conducted, it is hereby agreed between Phya Sri Sabadheb,Jrepresenting His Majesty the King of S i a m , a n d M u h a m m a dt,h e R a j a h o f K e l a n t a n , a s f o l l o w s :

Article

The Rajah of Kelantan engages to have no political relations or political dealings with any foreign Power or C h i e f s o f S t a t e s , e x c e p t t h r o u g h t h e m e d i u mo f t h e G o v e r n ment of His Majesty the King of Siam. Article ii

His Majesty the King of Siam reserves the right to nominate officers to be Adviser and Assistant Adviser in the State of Kelantan to act as the Representative (or Agent) of His Majesty. The Rajah of Kelantan engages to pay the Adviser and Assistant Adviser such salaries as may be req u i r e d b y H i s S i a m e s eM a j e s t y ' s G o v e r n m e n t . T h e R a j a h a l s o undertakes to provide them with suitable residences, and to fo11ow the advice of the Adviser, and, in his absence, of the Assistant Adviser, in all matters of administration other than those touching the Mahommedan religion and Malay custom. Article iii

The Rajah of Kelantan engages not to enter into any agreement with, or to give any concession to, or to a1low any transfer to or by, any individual or Companyother than a native or natives of the State of Kelantan, and not to employ in an official position, with a fixed salary of nore than f.400 per annum, lty individual other than a native of Kelantan, without having previously obtained the consent in w r i t i n g o f H i s S i a m e s eM a j e s t y r s G o v e r n m e n t . P r o v i d e d t h a t , should the area of the Grant or Concession not exceed 5,000 acres of agricultural land or 1,000 acres of mining land, the written consent of the Adviser shall be sufficient. Such written consent sha11 also be sufficient for the

203

e m p l o y m e n to f o f f i c i a l s of Kelantan.

of a lower rank, who are not natives

Article

iv

As soon as, and whenever, the gross revenue of Kelantan a r n o u n t st o 1 0 0 , 0 0 0 d o l l a r s , o n e - t e n t h o f t h e g r o s s r e v e n u e shall be annually paid into His SiameseI',lajesty?s Treasury, Provided that the maximumamount thus payable on account of any one year shalL not exceed the sum of 100,000 dol1ars. So long as, and whenever, the gross annual revenue of Kelantan i s l e s s t h a n 1 0 0 , 0 0 0 d o l 1 a r s , t h e u s u a l B u n g aM a s s h a l l c o n tinue to be sent to His Majesty the King of Siam.
Article v

H i s S i a m e s e M a j e s t y ? s G o v e r n r n e n tu n d e r t a k e s n o t t o i n terfere with the internal administration of the State of Kelantan, otherwise than as provided for in this Agreement, so long as nothing is done in that State contrary to the Treaty rights and obligations that His Majesty has with foreign Governments, and so long as peace and order are maintained within the State, and it is governed for the benefit of its inhabitants with moderation, justice and humanity.
Article vi

The Departments of Posts, Telegraphs and Railways, as being part of the internal administration of the State of Kelantan, will be under the control of the Rajah of Kelantan, but the Rajah of Kelantan engages to co-operate4 with the G o v e r n m e n to f H i s S i a m e s e M a j e s t y i n t h e c o n s t r u c t i o n a n d m a n a g e m e no f a n y s e c t i o n o f a t r u n k l i n e o f r a i l w a y o r t telegraph which may comewithin the confines of Kelantan. The conditions of such co-operation shal1 in each case be the subject of special arrangement. Should any stamps be used, they shall be procured from Bangkok, and sha11 bear the effigy of the King of Siam, but they shal1 be issued so1e1y by the Rajah of Kelantan and the revenue derived frorn them shaLl accrue solely to the State of Kelantan. The Rajah further undertakes not to grant to any Companyor private individual any privilege for the construction of railways in Kelantan without the written consent of His S i a i n e s eM a j e s t y r s G o v e r n r n e n t . T h i s s t i p u l a t i o n , however, shal1 not apply to private lines of railway constructed by the owners of concessions which have been granted under Article iii, and intended for the conveyance of rninerals or other natural products.

204

Article

rrii curtail any of of Kelantan, for in this the Rajah and

Nothing in this Agreement is intended to the powers or authority now held by the Rajah nor does it alter, otherwise than as provided Agreement, the relations now existing between H i s S i a m e s eM a j e s t y r s G o v e r n r n e n t .

Seal of

MUHAMMAD, Ruler of Kelantan PHYASRI SABADHEB, SiameseCommissioner

Seal and Signature of

FOOTNOTES These documentsare taken fron Swettenhamrsconfidential despatch to the CO, 9 Oct. 1902, GD/C1902. Only the date and the seals are taken from M.& G., p.86. N'1.6 . G do not include the Secret Notes. T h i s v e r s i o n o f t h e T r e a t y a n d D o c u m e n t sw a s t e l e g r a p h e d t o S w e t t e n h a ma n d h e a c k n o w l e d g e d r e c e i p t o n 9 O c t . ( G D / C 1 9 0 2 , S w e t t e n h a nc o n f . t o C O , 9 O c t . 1 9 0 2 ) . T e n d a y s l a t e r S w e t t e n h a mr e p o r t e d t h a t t h e K e l a n t a n R u l e r h a d s i g n e d i t ( L b L d . , S w e t t e n h a mt o C O , 1 9 O c t . f 9 0 2 ) . Wehave been unable to ascertain the exact date of the signature; presumably it had been signed by the Siamese representative sone days earlier and was to be signed again, when presented to the Kelantan Ruler by the S i a m e s ed e l e g a t e , s o r n ed a y s 1 a t e r . M . & G . , p . 8 6 , g i v e 6 O c t o b e r a s t h e d a t e w h e n L a n s d o w n ea n d t h e S i a m e s e C o m m i s s i o n e rs i g n e d . T h e d r a f t c a b l e d t o S w e t t e n h a md o e s n o t c o n t a i n t h e S i a m e s e C o m m i s s i o n e r r s n a m e : w e h a v e a s s u m e di t f r o m the Secret Notes, where it is given, and fron M.6 G., where j.t is misspelt (cp. M.& G., p.702) . In the M.g G. version the phrase'tat any time't occurs after the word 'rco-operate". It is ornitted in the G D / Cv e r s i o n w h i c h i s f o l l o w e d h e r e .

205

N o t e o n t h e K e l a n t a n D o c u m e n t so f 1 9 0 3 , 1 9 0 4 a n d 1 9 0 5

As has been observed (p.190) the original Duff Concession was far from explicit about the extent of Duff's adninistrative and executive powers within his own concession, but Duff himself seemsto have regarded then as considerable, if not unlimited. It did not take long before W.A. Graham, the Adviser of British nationality appointed by the Siamese Government under the terms of the Kelantan Treaty of 1902, clashed with Duff on this natter. There followed two codicils to the 1900 Agreementdesigned to clear up some of t h e a r e a s o f m i s u n d e r s t a n d i n g ( K e l a n t a n D o c u m e n t so f 1 9 0 3 and 1904). By the end of 7904, however, Duff and Graharnwere once again at loggerheads; this dispute was over the Kelantan Duff argued Governmentts rights to levy customs dues. that nothing specific had been said in the original agreeI ment about the Government s rights in this field and that import dues had never been levied until Grahamrsarrival in 1903. Grahan, incensed by Duffts insistence that he should be permitted a reduction of import duties (or, alternatively, of royalties on minerals) simply because he refused to pay of the principle them, demandeda reaffirmation that the Kelantan Government had the right to impose any taxes it pleased, unless they infrlnged written agreements, regardless The American General Adviser of what Duff wanted to pay. t o t h e S i a r n e s eG o v e r n m e n t , S t r o b e l , a n d t h e B r i t i s h M i n i s t e r in Bangkok, Paget, summoned oth men to try to settle their b differences and insisted that a new Agreementbe negotiated binding on both sides. This Agreernent (Kelantan Docurnent of 1905) incorporated points from all previous ones, which i.t cancelled, and made someconcessions to Duff on the matter of paying import duties and royalties. The Siamese authorities objected to the original phrasing of Article v, w h i c h w a s e l a b o r a t e l y e m e n d e ds o a s t o a p p e a r l i k e a n u n d i g nified speculation on Siam's part, and then ratified the new Agreement. So later did Duff and the Raja.l* The Agreementof 1905, however, by no neans settled once and for all the reLationship between the Kelantan Government and the Duff Development Company. 0n the contTary, the railway development that followed the transfer in 1909 of Kelantan from Siamese to British jurisdiction provided grounds for further contention. The Siamese and the FII{Splanned to extend their railways southwards and northwards respectively and effect a junction at the Kelantan * For footnotes see rt.2O7

206

but
1I

For geographical reasons and because of the great border. a r e a o f t h e D u f f C o n c e s s i o n t h e F M Sc o u l d n o t g e t t h e i r r a i l way through Kelantan without passing through the Concession. Meanwhile, however, the Kelantan Government and the Conpany were locked in argument over their respective rights to After protracted negotiations a Deed of build railways. Cancellation was signed in July, 1912, whereby the disputed railway rights were straightened out, the Companygave up certain lands and received the right to select others, and t h e S t a t e p a i d t h e C o m p a n yt 3 0 0 , 0 0 0 ( w h i c h w a s a d v a n c e d t o Kelantan by the FMS). The conflict revived when the Company challenged the Governmentrsauthority to build the railway on any line save that desired by the Company. The point in 1915 and the Kelantan Governwas referred to arbitration Undeterred, the nent won on all points on 10 April 1916. Companyembarked on another tack and asked the Government w for L125,000 in return for which the Company ould waive its right of action for non-completion of a road to meet the railway, and would also surrender certain outstanding rights T h e G o v e r n m e n tr e f u s e d t h e o f f e r . under the Deed. Then in 1917 the Companyclaj"med that the Governnent was guilty of breach of contract in as much as it had failed w to connect i-ts line with that of the Company ithin the Concession as stipulated in the Deedsof Cancellation of i912. Once again an arbitrator was appointed but this time he gave his award against the Kelantan Government. The Kelantan Government took the case as far as the House of Lords but at every level its appeal was thrown out. Nevertheless, Kelantan, or rather the Colonial Office, tried to dodge the payment of the award (L378,000) and costs on the grounds of sovereignty: though Kelantan had contested the Companyts clairns in English courts, it was now argued that the Governm e n t o f t h a t a u t o n o m o u sS t a t e w a s n o t s u b j e c t t o t h e j u r i s E v e n t u a l l y t h e G o v e r n m e n ta c c e p diction of English courts. for the payments (which were advanced by the ted liability F M Sa n d S t r a i t s G o v e r n m e n t s ) a n d i n 1 9 3 0 a n e w d e e d w a s s i g n e d b y K e l a n t a n , t h e C o m p a n y ,a n d t h e F M SR a i l w a y s A d m i n i stration.2

FOOTNOTES CO273/314, Paget to FO, 7 Apr. 1905, in FO to COof 8 Apr. 1905. R. Ernerson, alaysta, KL, 1964, pp.252-262. M

207

KELANTAN DOCUMENT 12 August, 1903 of E x p l a n a t o r y D o c u m e n tc o n c e r n i n g D u f f C o n c e s s i o n l *

Whereas, in the documentdated the 13th day of Jemadilachir, 1318r2 there occur certain phrases which appear to be in need of explanation, His Highness the Rajah of Kelantan and Mr Robert William Duff, the parties to the said document, have agreed to adopt this Supplementary Agreement as a ful1 definition, but in no way as an alteration, of the said phrases. 1 . t r , l rR o b e r t W i l l i a m D u f f c l a i m s n o r i g h t s o f g o v e r n m e n t within the limits of his concession, provided that previous to the enforcement of any new 1aw within the said limits the said Mr Robert William Duff or his representative shall be consulted regarding the sane, and shall signify his approval thereto. 2. Nothing contained in the documentdated the 13th day of Jemadilachir, 1318, shall be understood as interfering with the right of the Rajah to I'banchi"3 the inhabitants of the lands in the said concession in accordance with the Regulations at present in force. The said Regulations provide that every adult male Malay sha11 pay 7 dollar every three years, and that every adult male Chinese shall pay 3 dollars every three years, provided that in certain districts to be hereafter specified the above tax sha1l be 4 dollars for every adult nale Malay and 12 dollars for every adult Chinese. The said tax to begin after three yearsr residence in the State. With regard to the specified districts in which the higher rate shal1 obtain, His Highness the Rajah undertakes to have compiled a complete list of the samewithin six months from this date, a copy of which list sha1l be supplied without delay to Mr Robert Wi.lliam Duff. 3 . N o t h i n g c o n t a i n e d i n t h e d o c u r n e n td a t e d 1 3 t h d a y o f Jemadilachir, 1318, shal1 be understood as interfering with the right of the Rajah to assess and collect the taxes known as rrHasil padi", "Hasil durian", and "Hasil nyor" throughout the lands included in the said concession in accordance with the Regulations at present in force. The padi said Regulations provide that all persons cultivating shall pay 5 'rgantangs" per hundred per year, that all durian trees of three spans or more in circumference shal1 be assessed at 12| cents per tree, and every coconut tree bearing Provided fruit sha11 be assessedat 15 "keping" per yeaT. that these taxes sha11 be assessable only 1""d_:.."p1"d :," _ * p.217 For footnotes see

208

previous to the granting of the said concession, and renaining in the possession of a native of Kelantan, either Malay or Chinese. 4. Nothing contained in the docunent dated the 13th day of Jemadilachir, 1518, shal1 be understood as conveying any right to the said Mr Robert William Duff, or his representative, of ejecting the holders of any lands within the limits of the said concession already occupied for agricultural or building purposes at the date on which the document came into force, except on payment to the said holders of fair and reasonable compensation, the amount of which shall be fixed in case of disagreement by three arbitrators, one of whom shall be appointed by each party, and the third by c o n m o nc o n s e n t o f b o t h p a r t i e s . A list of the said landholders, with the necessary particulars, shall be prepared by His Highness the Rajah within six months of the present date, and a copy of the same shall be supplied to Mr Robert William Duff without delay. 5. The neaning of the words t'akan membri dua tanah yang didalam negri Kelantan kepada Tuan Robert William Duff sepaya bulih Tuan Robert William Duff berkongsi dengan kita d a n l a i n l a i n n y a m e m b u a tp e r k e r j a - a n g a l i - g a l i - a n kayu dan lain lainnya didalam tempat itu dibenar bri-Tuan Robert William Duff itu bekerja buat dengan apa apa ka-suka-nya maka tiada bulih skali kali orang lain membuka ekerja-an apa apa p didalam tempat itu jika tidak dengan ka benaran yang maha mulia Rajah Kelantan dan Tuan Robert William Duff serta kongsi kongsi-nya't in the document dated the 13th day of Jemadilachir, 1 3 1 8 , s h a l l b e d e f i n e d a s c o n v e y j _ n gt o M r R o b e r t W i l l i a m Duff, or his representative, the following rights within the limits of the said concession: The sole rights over mining, agriculture, forestry, jungle produce, water, communication by road or rai1, the sub-leasing of land for building or other purposes, and the collection of land rents therefor, and all other undertakings of a comnercial nature, which l a t t e r s h a l 1 b e d e e m e dt o i n c l u d e t h e e s t a b l i s h m e n t o f m o n o polies or farms, such as those for the sale of opiun or spirits or for gambling and pawnbroking. The above definition in no way affects the Articles especially excepted in the said Document,namely ivory and indi-genous gutta and rattan. 6. In the case of any doubt arising as to the interpretation of this Agreement, these two versions, one in English and one i n M a l a y , s h a l 1 b e d e e m e dt o b e t h e s a n e .

209

Ivlade at

Khota Bahru,

this

72th day of August, 190S. Signature

Seal of the Raja of Kelantan.

R.W. DUFF

Witness C.E. WILKIN

210

KELANTAN DOCUMENT lr{arch, 1904 of Clarification of Duff Concession Boundaries4 ( T r a n sI a t i o n )

Whereasit appears that misunderstanding might possibly arise as to the exact position of certain boundaries of the concession granted under the documentsdated 1sth Jemadilachir, 1318,5 by His Highness the Rajah to Mr R.W. Duff within the State of Kelantan: Now therefore His Highness the Rajah is pleased to make following statement providing for the clear definition the of the said boundaries: l. The saj"d boundaries shal1 be accurately demarcated at the earliest opportunity by an officer appointed to represent His Highness for the purpose, acting in agreenent with Mr R. W. Duff or his duly accredited representati-ve, such demarcation being effected where natural landmarks are insufficient b y m e a n so f p i l l a r s . 2, Wherever the present boundary of the said concessi-on follows a river or watercourse, the natural bed, including beaches of such river or watercourse, shall be understood as lying within the said concession, the boundary-1ine running along the edge of the natural bank of such bed furthest from the interior of the said concession. Such boundary to remain unaffected by any subsequent alteration in the flow of the water in such river or watercourse.

2tl

DOCUIvIENT May, 1905 KELANTAN of Second Agreement regarding Duff Concession6

Agreement between the Government of His Highness the Rajah of Kelantan, (hereinafter called the Government), subject to the ratification of His Majesty the King of Siam, of the one part; and the Duff Development Company (Limited), a corporation, of 15, George Street, London E.C. (hereinafter called the Conpany), of the other part, witnesseth: Whereas an Agreement was made between His Highness the Rajah of Kelantan and Robert William Duff on the 15th day of Jemadilachi-r7 (corresponding to the 1Oth day of October, 1900, of the Christian Era), and a document explanatory of the said Agreement was made between the same parties on the l2th day of August, 1903, and under these documents certain rights were granted in the State of Kelantan to Robert William Duff by the Rajah of Kelantan; and Whereas the Companyhas acquired the rights and has of the said Robert William Duff undertaken the liabilities under the said documents; and Whereas by the said documents the said Conpany is in possession of certain administrative rights i-n the temitory granted by the said documents; and l{hereas certain provisions of said documents are regarded as not c1ear, and certain other provisions, as those referring to royalty and export dues, are regarded as burdensome to the Company; and Whereasit is desirable for the advantage of the State of Kelantan, and of the Company, that both should work in harmony with each other, the one aiding the administration of the State, and the other facilitating the commercial operations of the Company; Now therefore it has been agreed to cancel the said documentsabove described and substitute in place thereof the following Agreement, which in future sha11 fix definitely t h e r e l a t i o n s b e t w e e n t h e G o v e r n m e n to f K e l a n t a n a n d t h e Company; provided that nothing in this Agreement contained s h a l 1 a f f e c t t h e o w n e r s h i p o f t h e G o v e r n m e n to f 8 , 0 0 0 f u 1 1 y p a i d s h a r e s i n t h e C o m p a n y ,o r i m p o s e a n y o b l i g a t i o n o n t h e G o v e r n r n e n tt o r e p a y a n y p a r t o f t h e 2 0 , 0 0 0 d o l l a r s p a i d u n d e r A r t i c l e 2 o f t h e d o c u m e n to f t h e 1 3 t h J e m a d i l a c h i r , 1 3 1 8 .

2t2

It

is agreed by the parties hereto as follows:-

1. The Agreementof the 13th Jemadilachir, 1318, and the explanatory document of the 12th August, 1903, are hereby c a n c e l1 e d . 2. The Government hereby grants to the Companyfor the period ending the 10th October, 1940, the sole commercial right within two districts in the State of Kelantan which d i s t r i c t s a r e b o u n d e da s f o l l o w s : - The northern boundary is the river from The First District that river to its source, and thence @wing straight up to the bounda-ry of the Province of Legeh; on the east the boundary is the main river from Kuala Kesial, following the river (Sungei Kelantan) upstream to Kuala Sitong; the boundary on the south is from the mouth of the Sitong River to its source and thence due west to the boundary of Perak; and on the west the boundary is that of the State of Perak and the State of Kelantan and the Provinces of Rahmanand Legeh. - 0n the east includes the main river The Second District to Kuala Ampul, and thence the @tream Ampul River to its source where it reaches the Pahang boundary. On the west the boundary includes the river upstTeam to Kuala Bong, and thence that stream to the boundary of Pahang. The boundary of the south is that between Kelantan and Pahang. In order that no misunderstanding can possibly arise as to the exact position of the boundaries, where not already denarcated under the Decree issued by His Highness the Rajah in l{arch, 1904, the boundaries shall be accurately demarcated at the earliest opportunity by an officer to be appointed to represent His Highness the Rajah for that purpose, acting in agreenent with a duly accredited representative of the Company. Wherever the boundaries of concessions fol1ow a river or watercourse the natural bed, including such river or watercourse, shall be understood as lying within the said concession, the boundary line running along the edge of the natural bank of such bed furthest from the interior of the concession; and such boundaries sha11 remain unaffected by any subsequent alteration in the flow of the water of such river or watercourse.

213

3. The sole comrnercial rights within the two distrj-cts a f o r e s a i d s h a 1 l b e d e f i n e d a s c o n v e y i n g t o t h e C o m p a n y ,e x cept as hereinafter provided, the sole rights over nining, forestry, jungle produce, communications by agriculture, the sub-leasing of land for building or other road or rail, purposes, and the collection of land-rents therefot, and all other undertakinss of a conmercial nature. T h e s o l e r i g h t o f t h e G o v e r n m e n tt o w o r k i v o r y , i n d i is not genous rubber, and rottans in these two districts a f f e c t e d b y t h i s A g r e e m e n t , b u t t h e C o m p a n yo r i t s a s s i g n s rnay take such rottans as they require for use on their own property. 4. I t i s f u r t h e r a g r e e d t h a t t h e G o v e r n m e n ts h a l 1 b e a t liberty to select suitable areas of reasonable size for the and that the Government erection of Government buildings, shall be at liberty to construct roads within the Company's concession for administrative purposes, whi-ch shal1 be open t o t h e i n h a b i t a n t s o f t h e S t a t e , a n d t h a t t h e C o m p a n yw i l l not question or interfere with any public right of way which e x i s t e d w i t h i n t h e C o m p a n y r sc o n c e s s i o n a t t h e t i m e o f t h e signing of this Agreenent. 5 . A s h e r e i n a f t e r d e f i n e d , t h e C o m p a n ys h a 1 l h a v e t h e r i g h t to the net proceeds of the monopolies or farms for the sale of spirits and opium and for gambling and pawnbroking within defined above, provided althe limits of the two districts ways that at the expiration of the existing leases for farms g r a n t e d b y t h e G o v e r n m e n to u t s i d e t h e c o n c e s s i o n t h e f o l l o w ing arrangements shall be made:B e g i n n i - n ga t t h e n o r t h e r n m o s t p o i n t o f t h e c o n c e s s i o n on the Legeh boundary, a line shall be drawn across the State following the line of the concession to the River Kelantan, and along that river to Kuala Krah; thence the line shall be drawn in a general southeasterly direction to the Besut boundary in such a manner that the Bukit Merbau It is inconcession sha11 fall to the north of the line. tended that this line sha1l as far as possible traverse the most thinly inhabited territory. At the expiration of the present lease granted by the G o v e r n m e n tf o r t h e m o n o p o l y o f t h e s a l e o f o p i u m o u t s i d e t h e p r e s e n t c o n c e s s i o n , t h e G o v e r n m e n ts h a l l e s t a b l i s h a f a r m for the import, cooking and sale of such opium within the whole of that part of the State lying to the south of the above-described 1ine, which shal1 be subject to regulations

214

provided by the Government,which regulations sha1l take d u e c o n s i d e r a t i o n o f t h e C o m p a n y r sr i g h t s o n t h e o n e h a n d , and on the other hand of the establishment of other concessions within the area south of the line above described and In making regulations outside the Conpanyrs concession. for this purpose there sha11 be no undue discrimination in favour of one farm against another. The Government shall within a reasonable tirne prior to the expiry of the existing lease call for tenders for the right to import, cook and se1l opium within the said area south of the said 1ine, and, a f t e r c o n s u l t a t i o n w i t h t h e s a i d C o m p a n y ,i t s h a 1 1 a c c e p t such tender as it nay consider should be accepted, always bearing in mind as one of the elements for consideration the commercial interests of the Company. Immediately on the expiTy by lapse of time or otherwise o f t h e e x i s t i n g G o v e r n m e n t f a r m s o u t s i d e t h e C o m p a n y r sc o n cession for gambling, pawnbroking, and the sale of spirits r e s p e c t i v e l y , t h e G o v e r n m e n tw i l l e s t a b l i s h t h e s a m e s y s t e m in the area south of the 1lne for the purpose of controlling the right to gamble, the right to establish pawnbrokersf shops, and the right to sel1 spirits. After the establishment of farms for opium, gambling, pawnbroking and spirits respectively has been effected, the net proceeds of such farms shall be handed over to the Cornpany until such time as the sum of the net proceeds of such farms shall exceed the net proceeds of other similar farms in that part of the State which lies north of the said line, when such surplus s h a 1 1 b e e q u a l l y d i v i d e d b e t w e e n t h e G o v e r n m e n ta n d t h e Company. 6 . T h e C o m p a n ys h a 1 l p a y t o t h e G o v e r n m e n t a r o y a l t y o f 1 0 per cent. ad ualorem on tin and 3| per cent. on gold and other minerals. 7. The Companyshall pay to the Government 2!2 per cent. ad uaLoz,em export duty on all agricultural produce except paddy, cocoa-nuts and durians exported from the State. 0f the s a i d 2 r l p e r c e n t . , t h e G o v e r n m e n ts h a 1 l r e m i t t o t h e s a i d C o n p a n yo n e - h a l f , o r 1 l p e r c e n t . , o n a g r i c u l t u r a l p r o d u c e 'exported from the State. 8. The Companyshall pay to the Government an export duty of 5 per cent. on jungle produce and the produce of any other work not covered by these clauses. 9 . T h e C o m p a n ys h a l l a c c e p t t h e l a w s k n o w n a s I ' H a s i 1 P a d i " , rrHasil Nyor" and rrHasil Durianr'. B u t t h e G o v e r n m e n tu n d e r -

215

takes to remit to the Companyone-half paddy. 10. In cas6where royalty be irnposed.

of the royalty

on

is imposed, export duty will

not

1 1 . T h e C o m p a n y ,i t s s u b s i d i a r i e s , a n d i t s a n d t h e i r a s s i g n s sha11 pay import dues in accordance with the Tariff at present in force on all articles imported, except on any articles imported for the own use of the Companyand its direct emp1oy6s, or for the own use of subsidiary Mining Companies or their emp1oy6s. 12. The right to it shall siders it firewood C o m p a n ys h a l l p a r t i c i p a t e i n t h e g e n e r a l p u b l i c cut firewood on unoccupied Governnent lands; but not be a cause of complaint if the Government conn e c e s s a r y t o p r o h i b i t t h e C o m p a n yf r o m c u t t i n g in particular localities.

1 3 . T h e G o v e r n m e n tw i 1 1 , o n r e q u e s t b y t h e C o m p a n y ,c o n s i d e r the enactment of regulations with penalties for purposes which the Government may consider reasonably necessary for the satisfactory adrninistration of the concession. 14. It is clearly understood that the Company nd its rights a within the concession shall be subject to the general legislation of the State except as herein provided. The Government undertakes not to enforce any new laws relating to land or nining within the concession which sha11 affect the Company as leaseholders, except such as may be necessary to protect the interests of persons dwelling outside the limits of the concession against darnageby the Company. 15. The Government agrees not to impose any land taxes or taxes upon the mining industry other than those herein above described, and it will not at any time i-mposeany other taxation discriminating against the Companyas compared with other persons in those parts of the State lying without the concession. 1 6 . I n c a s e t h e C o m p a n y ,f o r a p e r i o d o f t w o y e a r s , f a i l s to continue operations in good faith on a sufficient scale to enploy continually 100 coolies or power-driven machinery, the Government may resume the land and give it to whomsoever i t p l e a s e s , a n d t h e C o m p a n y ,o r i t s s u b s i d i a r i e s o r a s s i g n s , or any shareholders in the Companywhich may have provided capital, may not take any action for the recovery of any loss which may have been suffered. But any goods or

2t6

c h a t t e l s o f v a l u e m a y b e s o l d b y t h e C o m p a n y ,o r i t s s u b s i d i a r i e s o r a s s i g n s , t o w h o m s o e v e ri s w i l l i n g t o b u y . And if any stone houses have been built, the owners may not sell them except to persons who are under the rule of Kelantan. No land may be sold without the consent of the Government. 17. this ment tute If the said Company ishes to appoint any substitute in w work, it must bring such substj-tute before the Governand register his name in the State. And such substishall be bound by all the conditions of this Agreement.

18. Nothing contained in this document sha1l be understood as conveying any right to the Cornpany, or its representatives, of ejecting the holders of any lands within the limits of the said concession already occupied for agricultural or building purposes at the date at which this document comes into force except on payment to the said holders of fair and reasonable compensation, the amount of which sha1l be fixed in case of disagreenent by three Arbitrators, one of whom shall be appointed by each party and the third by common consent of both parties.

FOOTNOTES 1. 2. 3. 4. A

Enclosed in CO 273/3L4, FO to CO, 8 Apr. 1905. See Kelantan Document of 1 9 0 0 , f o o t n o t e 2 , p . 1 9 4 . I.e. t o e n u m e r a t ea s b y c e n s u s .

Enclosed in C0 273/3I4, F0 to C0, 8 Apr. 1905. S6e Kelantan Document of 1 9 0 0 , f o o t n o t e 2 , p . I 9 4 . Enclosed in CO 273/3I4, F0 to CO, 8 Apr. 1905. See Kelantan Docunent of 1 9 0 0 , f o o t n o t e 2 , p . I 9 4 .

7.

217

Note on the Kelantan Treaty of 1910

After the 1909 Anglo-Siamese Treaty it was the intention of the Governor-High Commissioner, Anderson, to make separate treaties with at least Kelantan and Trengganu as It was presunably felt less necessary to soon as possible. sign separate treaties with Kedah and Perlis because they already had the post of Adviser j-n their State Governments under the 1905 Treaties with Siam (whose rights Britain had i.nherited) . The Raja and population,*of Kelantan appear genuinely to have opposed the 1909 Treatya although London was inclined t o a s c r i b e a l l s i g n s o f o p p o s i t i o n t o G r a h a r no r t o M a l a y rajas who had some loss of perquisites to fear from the imposition of the new r6gime.2 The Raja was particularly incensed by the boundary-treaty which severed part of traditional Kelantan from his rule (see Note on Siam Boundary Treaty of 1909 p.336). However, he seems to have nade litt1e trouble about signing the 1910 Treaty (Kelantan Treaty of 19f0), although he particularly asked that its wording should follow that of the 1902 Treaty he had already He particusigned wi-th Sian (q.u.) as closely as possible. larly asked, too, that Article iv of the 1902 Treaty should be retained - i.e. that while Kelantanrs revenue remained less than $100,000, the bunga mas should be sent to the British King, but if it surpassed that sum, l0% of the total Anderson prevailed upon him to should be sent instead. Another suggestion of Andersonts accept the new version.3 was less well received: the Ruler had asked that he might be recognised by the British as Sultan, a title he had not a s s u m e du n d e r t h e S i a r n e s e , 4 t h a t h e s h o u l d b e r e g a r d e d a s entitled to a 17-gun salute, and that his eldest son should The Governor-High Comrnisbe recognised as heir apparent. sj-oner suggested in exchange that the officer he was to reThis proposal so ceive should be ca1led British Resident. Ruler that Anderson dropped it and conceded the alarmed the other points anyway, except that the C0 would not let the of Sultan for a short period and he R u l e r a s s u m et h e t i t l e was obliged to sign the Treaty as Tuan Long Senik bin A l r n a r h u mS u l t a n M u h a n m a d . ) A n d e r s o n d o e s n o t s e e m t o h a v e had any ulterior motive - he did not at this stage himself regard the role of the Advisers as being any different from that of the Residents and told London that he believed the I'misapprehension (that Advisers were inferior would) soon 0n one other point the Ruler had his way disappear".6 he told Anderson, who passed the during the negotiations: request on to London, that he wished to have his head on For footnotes see p.219

218

In due course the General Post Office in Kelantan stamps. London, puffed up with its own importance at being consulted in so delicate a matter of diplornacy, notified Singapore t h a t ' t i n v i e w o f t h e p o l i t i c a l n e c e s s i t i e s o f t h e c a s e r rt h i s would be nerni tted. /

FOOTNOTES 1. 2. 3. 4. 5. T h e T i m e s ( L o n d o n ), 2 4 M a y 1 9 0 9 . CO 273/343, FO to C0, 28 May 1908. CO 273/363, Andersonto C0, 26 Oct. 1910. K , W . A . G r a h a r n , e L a n t a n , G J . a s g o w1 9 0 8 , p . 5 3 . C O 2 7 3 / 3 6 2 , A n d e r s o nt o C 0 t e 1 s . , 2 8 S e p t . 1 9 1 0 & 3 0 Sept. 1910; GD/C, Andersonto CO, 82 of 25 Oct. 1910 & 83 of 26 Oct. 1910. IbLd. C O 2 7 3 / 3 5 0 , A n d e r s o np r i v a t e t o S t u b b s o f C 0 , 2 8 J u l y 1 9 0 9 ; C O 2 7 3 / 3 5 5 , G P Ot o C 0 , 6 N o v . 1 9 0 9 .

6. 7.

219

KELANTAN TREATY of 22 October, tnto Treaty providing for a British 1* Adviser^

W h e r e a st h e S t a t e o f K e l a n t a n h a s b e e n r e c o g n i s e d t o be under the protection of Great Britain, and whereas it is desirable to define the principles on which the Governnent of that State shall be conducted in future, it is hereby agreed between His Excellency the High Commissionerfor the P r o t e c t e d M a l a y S t a t e s r e p r e s e n t i n g t h e G o v e r n m e n to f G r e a t Britain and His Highness Tungku Long Senik, the Raja of Kelantan, for himself his heirs and successors, as follows:-

Article

The Raja of Kelantan engages to have no political relations or political dealings with any foreign power or potent a t e , e x c e p t t h r o u g h t h e m e d i u mo f H i s M a j e s t y t h e K i n g o f England. Article ii

His Majesty the King of England reserves the right to appoint officers to be Adviser and Assistant Adviser in the State of Kelantan to act as the representative (or agent) of His Majesty the King of England. The Raja of Kelantan engages to pay the Adviser and Assistant Adviser such salaries a s H i s M a j e s t y r s G o v e r n m e n ts h a l 1 d e t e r m i n e , a n d t o p r o v i d e them with suitable residences; and the Raja of Kelantan further undertakes to follow and gi-ve effect to the advice of the Adviser, or in his absence, of the Assistant Adviser, in all natters of administration other than those touching the Mohamrnedan religion and Malay custom. Arti-c1e iii The Raja of Kelantan engagesnot to enter into any agreement concerning 1and, or to grant any concession to, or or company to a11ow any transfer to, or by, any individual other than a native or natives of the State of Kelantan, and other than a native of Kelantan, not to appoint any official, with a salary of more than t400 per annum, without previously obtaining the consent in writing of His Majestyrs Government; provided that, should the area of the grant or concession not exceed 5,000 acres of agricultural land or 1,000 acres of mining 1and, the written consent of the Adviser thereto

F o : rf o o t n o t e s e e P . 2 2 2

220

shal1 suffice; and such written consent shal 1 also suffice for the appointment o f s u b o r d i n a t e o f f i c i a l s who are not natives of Kelantan. Article iv

As soon as and whenever the gross revenues of the State of Kelantan sha1l amount fo $100,000, the King of England may require the Raja of Kelantan to establish and naintain at the cost of Kelantan a body of l{alay or Indian troops for the purpose of assisting in the defence of His Majestyrs Territories and Protectorates in the Malay Peninsula. Article v

H i s M a j e s t y r s G o v e r n m e n tu n d e r t a k e n o t t o i n t e r f e r e with the internal administration of the State of Kelantan otherwise than as provided for in this agreement, so long as nothing is done in that State contrary to the Treaty r i g h t s a n d o b l i g a t i o n s t h a t H i s M a j e s t y r s G o v e r n m e n th a v e with foreign Governments, and so long as peace and order are maintained in the State of Kelantan, and it is governed for the benefit of its inhabitants with moderation. iustice and humanity. Article vi

l4atters relating to Posts and Telegraphs, and Railways being rnatters concerned with the administration of the State of Kelantan, shall be under the control of the Raja of Kelantan; but the Raja of Kelantan engages to co-operate with His l,4ajestyrs Governnent in the construction and management of any section of a trunk line of railway or telegraph which may comewithin the confines of the State of Kelantan. The condition of such co-operation shal1, in each case, be the subject of special arrangement. Article vii

Further the Raja of Kelantan undertakes not to grant to a n y C o m p a n y ,S y n d i c a t e , o r i n d i v i d u a l , d n y p r i v i l e g e s f o r the construction of a railway in the State of Kelantan, without the written consent of His Majestyrs Government. This stipulation, however, shall not apply to short railway lines constructed by the owners of concessions which have been granted under Article iii, within the confines of such concessions and intended for the conveyance of minerals and other natural products.

221

Article

viii

N o t h i n g i n t h i s a g r e e r n e n ts h a l l a f f e c t t h e a d m i n i s t r a tive authority now held by the Raja of Kelantan. Except as provided for in this agreement, the relations between tire R a j a o f K e l a n t a n a n d H i s l { a j e s t y r s G o v e r n m e n ts h a l I b e t h e same as those which previously existed between the Raja of Kelantan and His SiameseMajestyts Government. Two copies shall be made of this agreement, one in English and one in Malay bearing the same interpretation. Done in Kelantan on the twenty-second day of October, 1910. Signature and seal of JOHNANDERSON, Governor of the Straits Settlenents.

Witnesses

H . M . J A C K S O NC o l o n e l , R .E . S T U B B S T U A NL O N G E N I K B I N S ALT{ARHUM SULTANMUHAMMAD. Ruler of Kelantan.

Signature and seal of

W i t n e ss e s

TENGKU SRI INDRAMAHKOTA TENGKU CHIK TUANABDULLAH (In jaui. script. )

FOOTNOTE Copy enclosed in CO 273/563.

222

Note on the 1945 Kelantan Treaty

For a general note on the MacMichael Treaties, Note on Johore 1945 Treaty (p.Il7).

see

MacMichael arrived in Kelantan on 15 December and was met by a peaceful dernonstration of Malays said to be 10,000 strong, the tenor of whose placards was I'Britain, yes: Malayan Union, no!rt He conducted negotiations with the Sultan in the presence of someof his State Councillors and later recorded his appreciation of the Rulerrs very apposite A c c o r d i n g t o T a n S r i N i k A h m e dK a m i l , w h o w a s criticisms. present, the Ruler was particularly critical of the idea that Chinese from Singapore who did not reside in the Malayan Union might have Union citizenship. A number of other objections were raised but in the end - according to the same witness - it was decided that Kelantan had better adhere since most other States had already done so.

223

TREATY of 17 December. 1945 KELANTAN MacMichael Treatyl

A g r e e m e n t b e t w e e n H i s M a j e s t y ' s G o v e r n m e n tw i t h i n t h e Uni-ted Kingdom of Great Britain and Northern Ireland and the State of Kelantan. Whereas on the 22nd day of October 1910 an agreement (hereinafter ca11ed the 1910 Agreernent)was concluded between H i s E x c e l l e n c y t h e H i g h C o m m i s s i o n e rf o r t h e P r o t e c t e d M a l a y States representing the Government of Great Britain and His Highness the Raja of Kelantan: And whereas it is expedient to provide for the constitutional development of the I'lalay States under the protection of His Nlajesty and for the future government of the State of Ke1antan : It is hereby agreed between Sir Harold MacMichael, G.C.M.G., D.S.0., the Special Representative of His Ntajestyrs Government within the United Kingdom of Great Britain and Northern Ireland on behalf of His ltlajesty and His Highness T e n g k u I b r a h i m i b n i A 1 - M a r h u mS u l t a n M o h a m m e I V , C . l ' 4 . G . , d the Sultan of the State of Kelantan for himself, his heirs a n d s u c c e s s o r s :His Highness the Sultan agrees that His Majesty shall have ful1 power and jurisdiction within the State of Kelantan.

2.

Save in so far as the 1910 Agreement is inconsistent with this Agreement or with such future constitutional arrangements for Malaya as may be approved by His Majesty, the 1910 Agreement sha11 be of full force and effect. 1 7 d a y o f D e c e m b e r1 9 4 5 . H . A . l \ I A C M i C H A ES p e c i a l R e p r e s e n t a t i v e L, of the British Government H. T . B O U R D I L L O N IM, I BRAH Sultan of Kelantan TENGKU INDRA PETRA NIK MMED KAMIL

Signed this

Signature Witness Signature Witnesses

For footnote see p.225

224

Seal of

the State of

Kelantan

FOOTNOTE A copy in the National Archives of Malaysia bears a note signed by Major Leonard Owen, Notary Public of England, testifying that it is an exact copy of the original.

225

Note on the Keiantan Treaty of 1948

As the result of Malay oppositi-on to the l.,lalayan Union s c h e m ea n d t h e M a c M i c h a e l T r e a t i e s t h e B r i t i s h e n t e r e d i n t o rregotiations with the Rulers and the leaders of LJMNO. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and nonMalay groups condemnedas undemocratic both the consultative process and the constitutional proposals, it was decided:(i) to revoke the Malayan Union Order in Council, L946, (ii) to replace the MacMichael Treaties by new State Agreements, and (iii) to establish a peninsular federation. T h e n i n e a l m o s t i d e n t i c a l S t a t e A g r e e m e n t sw e r e s i g n e d and sealed between the Rulers and Gent (on behalf of His Majesty) on 2l January - the day which also saw the conclusion of the Federation of Malaya Agreenent (see p-fia ff) Under these State Agreementsthe jurisdiction of the Crown was confined to external affairs and defence. However, the Malay Rulers were still bound to accept the advice of British Advisers (note: the sametitle was adopted by the principaL British officials posted to the Malay States) 'ron all matters connected with the government of the State other than matters relating to the Muslin RelLgion and the Custon of the lr{a1aysrr. In addition Their Highnesses were now subjected to written constitutions which provided for a legislature (Council of State) and an Executi-ve Council in each State. Up to this tine only Johore and Trengganuhad possessed written constit u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 , p . 7 7 a n d T r e n g g a n u D o c u m e n to f 1 9 1 1 p . 4 7 4 f f ) .

226

KELANTAN TREATY of 27 January,

1948
.!*

State Agreement revoking the MacMichael Treaty^

A g r e e r n e n tm a d e t h e t w e n t y - f i r s t day of January, 1948, b e t w e e n S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . M . G . , D . S . O . , O.B.E., M.C., or behalf of His Majesty and His Highness T e n g k u I b r a h i r n i b n i A l r n a r h u mS u l t a n M o h a n e d I V , D . K . , S.P.M.K., S.J.M.K., C.M.G., Sultan of the State of Kelantan f o r H i - m s e 1 fa n d H i s S u c c e s s o r s : W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be nade for the peace, order and good governrnent of the State of Kelantan: And whereas His lt{ajesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Kelantan, is pleased to rnake fresh arrangements to take effect on such day as His Majesty may by Order in Council appoint (hereinafter cal1ed "the appointed day"): And whereas it is expedient to provide for the constitutional development of the State of Kelantan under the protection of His Majesty and for its future government:
Now, therefore, it is agreed and declared as follows:

Short title and commencement.

1. This Agreementmay be cited as the Kelantan Agreement, 1948, and shal1 come into operation on the appointed day immediately after the corning into operation of the Order in Council aforesaid. Notification of the appointed day shall be published in the Malayan Union Gazette together with a copy of this Agreement. 2. In this Agreement: t'Enactment" meansany 1aw enacted by His Highness with the advice and consent of a Council of State constituted in accordance with this Agreement;
"Federal Governmentft means the Government

Interpretation

of the Federation: p For footnote see - .231

227

I nt erpretat ion

I'the Federationrr neans the Federation of Malaya to be called in Malay "Persekutuan Tanah l{elayu'r, which is to be established on the appointed day; rrFederation Agreement'r means the Agreement which is to be madebetween His lrlajesty and Their Higlinesses the Rul"ers of the N1alayStates of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and l-ncludes any amendmentthereof; rrthe High Commissionerrr eans the High m Commissionerfor the Federation; rfHis Highness" means the Sultan of Kelantan and His Successors; "His Highness in Councilrr meansHis Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assernbled; trSecretary of Statefr means one of l-li-s Majestyts Principal Secretaries of State.

Protection and external affairs.

3. (1) His Majesty shal1 have cornpletecon_ trol of the defence and of all the external affairs of the State of Kelantan and llis Majesty undertakes to protect the Government and State of Kelantan and all its dependencies fron external hostile attacks and for this and other similar purposes His Majestyts Forces and persons authorised by or on behalf of His Majesty's Government shal1 at all tines be allowed free access to the State of Kelantan and to employ all necessary meansof opposing such attacks. (2) His Highness undertakes that, without t h e k n o w l e d g ea n d c o n s e n t o f H i s M a j e s t y ' s Government, he will not make any treaty, enter into any engagement,deal in or cor_ respond on political matters with, or send envoys to, any foreign State.

228

Brit ish Adviser.

4. His Highness undertakes to receive and provi-de a suitable residence for a British Adviser to advise on al1 matters connected with the government of the State other than matters relating to the Muslim Religion and the Customof the Malays, and undertakes to accept such advice; provided that nothing in this clause shall in any way prejudice the right of Hj-s Highness to address the High Commissioner, or His Majesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser with his establishment shall be determined by t h e H i g h C o m m i s s i o n e ra n d s h a l l b e a c h a r p on the revenues of the State of Kelantan. 6 . H i s H j - g h n e s ss h a l 1 b e c o n s u l t e d b e f o r e any officer whom it is proposed to send as British Adviser is actually appointed. 7. His Highness undertakes to receive within hi"s State such officers of the Federal Government as that Government may require and to perrnit such officers to exercise such 1awfu1 authority and powers and to perform such lawful functions as may be necessary for the purposes of the Federal Governnent. 8. Any officer of the Federal Government nay, with the concurrence of the High Conmissioner, perform within the State of Kelantan such State duties and may exercise such State powers as may be imposed or conferred upon him by llis Highness in Council or by Enactment. 9. His Highness undertakes to govern the State of Kelantan in accordance with the provisions of a written Constitution which shall be in conformity with the provisions of this Agreement and of the Federation Agreement and which shal1 be granted and promulgated by His Highness as soon as conveniently may be either in whole or, if His Highness thinks expedient, in parts from tine to time.

Cost of Briti sh Adviser.

Appointment of British Adviser. Federal officers.

hhen Federal officers nay perform State functions.

State LOnStltUtl0n

229

Councils to be constituted.

10. In pursuance of the undertaking containeci in Clause 9 of this Agreement and in conformity with the provisions of the Federation AgreementHis Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be called in English State Executive Counci 1 ; (b) a Majlis Meshuarat Negri, to be called in English Council of State. 11. His Highness, unless he sha11 otherwise direct, shall be consulted before any officer is posted by or on the authority of the High Comnissioner to any post borne on the State Estimates.

His Highness to be consulted before posting of officers by High Commissioner to posts borne on State estimates. Impartial treatment.

12. A11 persons of whatsoever race in the same grade in the service of the State of Kelantan shal1, subject to the terms and conditions of their employment, be treated impartial 1y. 13. His Highness desires and His Majesty agrees that it shall be a particular charge upon the Governnent of the State of Kelantan to provide for and encourage the education and training of the Malay inhabitants of the State of Kelantan so as to fit them to take a fu11 share in the economic progress, social welfare and governnent of the State and of the Federation. 14. (l) The Agreementmadeon the 17th day o f D e c e m b e r ,1 9 4 5 , b e t w e e n H i s M a j e s t y r s Government within the United Kingdom of Great Britain and Northern Ireland and IIis Highness Tengku Ibrahim lbni Almarhum S u l t a n M o h a m e dV , C . M . G . , t h e S u l t a n o f I the State of Kelantan, for Himself, His Heirs and Successors is hereby revoked. (2) A11 Treaties and Agreements subsisting immediately prior to the making of the aforesaid Agreenent of the tTth day of

Education and training of Malays.

Previous Agreements

230

D e c e r n b e r ,1 9 4 5 , s h a l l c o n t i n u e i n f o r c e save in so far as they are inconsistent with this Agreement or the Federation Agreement. Sovereignty of the Ruler. 15. The prerogatives, power and jurisdiction of His Highness within the State of Kelantan shall be those which His Highness the Sultan of Kelantan possessed on the first day of December, I94I, subject nevertheless to the provisions of the Federation Agreement and this Agreement. 16. This Agreement shall both the English and the but, for the purposes of regard sha11 be had only vers ion . be expressed in l4a1ay languages; interpretation, to the English

Language of Agreement.

In witness whereof Sir Gerard Edward JamesGent, K . C . l . { . G . ,D . S . 0 . , O . B . E . , M . C . , h a s h e r e u n t o s e t h i s h a n d and seal for and on behalf of His Majesty, and t{i-s Highness I T e n g k u I b r a h i m I b n i A l m a r h u mS u l t a n M o h a m e d V , D . K . , S.P.M.K., S.J.M.K., C.M.G., Sultan of the State of Kelantan, has hereunto set his hand and seal, the day and year first above written.

Signature and seal of

G.E.J. GENT, for and on behalf of His Ma.iestv

Witness R.J.F. CURTIS Signature and seal of Witnesses N.A. KAI{IL H. ZAINAL
I BRAHIM, Sultan of

Kelantan

FOOTNOTE 1. Provenance: Statutory fnstruments for 7948, I, i, no 108, The Federation of Malaya Order in Council, 1948

231

Negri Sembilan
In the sixteenth century Malays from Menangkabau in Sumatra began to settle in the area which later came to be known as Negri Sembilan. They brought with them their known as adat pez,pateh, which abcustoms and institutions, sorbed older ruling families and survived the overlordship of the Malaccan Sultans and subsequent interference from the Portuguese, the Dutch and the Bugis. The essential feature o f M e n a n g k a b a ur i b a l o r g a n i s a t i o n w a s m a t r i l i n e a l descent t in contrast to the patrilineal systems in other lt{alay States where authority was usually exercised on territorial lines rather than through kinship ties. It is true that above the Menangkabau lan system there was a territorial authority c but the dj-strict chief assimilated Menangkabau ustom to c for office came to descend such an extent that eligibility through the female 1ine. Although Negri Sembilan means "Nine States", this co1lection of petty states frequently changed its composition and, by the very nature of the lineage and territorial organisations of each district, it lacked a central authority. An attempt was made, however, to consolidate the group in the 1770 ts when the four principal chiefs (Undangs) of Sungei Ujong, Rembau, Johol and Jelebu accepted a lr{enangkabau as lang di,-Pertuan Besay, or Iam Tuan Besaz: (he who has been made lord). The powers of the YamTuan Besar, hol/ever, were circumscribed: his executive authority was linited to the royal capital at Sri Nlenanti while on rnatters relevant to the confederation as a whole he was expected to accept the najority decision of all the district chiefs. Moreover, his efforts to consolidate a patritineal royal dynasty depended on the support of the four Undangs and, when as in 1869, they failed to agree on the succession to the office of YamTuan Besar, the confederacy began to disintegrate. Furthermore the conflict between the YamTuan and the district chiefs was mirrored at a lower leve1 as disputes occurred between the Undangand the clan chiefs within his territorial j urisdict ion .

232

o Note on the Jelebu Treaties and Documents f 1877 188 3 1884-5 a l8 86

After the breakdownof constitutional unity in Negri Sernbilan in 1869, there was no lang di Pertuan Besan (Iam Tuan Besaz,) of the entire confederati-on, the Yam Tuan of Sri Menanti being supremein his own district only. Jelebu had its own Iam Tuan Muda, Tengku Abdullah, and Syed Hamid of Tampin claimed recognition as lam Tuan Muda of Rembau. The Iam Tuan Muda, according to Weld, implied a claim to title succeed as lam Tuan Besar of Sri Menanti or of the whole . 1x Jelebu also had a Dato Penghulu, Syed Ali confederation.l bin Zin a1 Jafri, and there was friction between the two was partly attributed the depopuchiefs. To this friction lation of the region, which was believed rich, later noted by the Resident of Sungei Ujong.2 I n 1 8 7 7 , i n a c c o r d a n c ew i t h J e r v o i s r g e n e r a l p o l i c y o f making minor chiefs in the Negri Sembilan area subordinate to the l,'laharaja of Johore, Anson, Offi-cer Administering the G o v e r n m e n to f t h e S t r a i t s , h a d t h e Y a m T u a n o f J e l e b u s i g n an undertaking to conduct the government peaceably and to ask instructions and advice from the Maharaja in the event of disputes arising which he could not settle (1877 Jelebu Treaty). The YamTuan did not consult the Penghulu and his faction before signing this agreement, and unrest continued. In 1880 the YamTuan was said to have had one of the Penghulu?s men put to death without consultation, and the Penghrlu's party determined to "root hirn up". The Penghulu dismissed some chiefs friendly to the Yan Tuan, who began an intrigue with Pahang. In April 1883 both sides, perhaps through fear of Pahang, appealed to Weld for help.3 Weld summoned both Yan Tuan and Penghulu, together with a number of chiefs, to meet him at the Sungei Ujong Residency. He refused to I'root up" the Yam Tuan on the grounds that he had been recognised by the 1877 Agreernent; apportioned revenues and rights between him and the Penghulu; refused to send a Resident but pronised that the Sungei Ujong Resident would advise and assist in rnatters of administration and revenue; and agreed to settle the problem of the boundary with Pahang (Agreement of 1883). This agreement,Weld assured the Colonial Office, us to no responsibility".4 "commits The last object was achieved, with the help of Swettenhan, by meansof a correspondencebetween Weldts deputy, Clenenti Snith, and the Bendahara of Pahang over the tlvo following years (Jelebu Boundary Treaty with Pahang, 1884-5), * For footnotes see P, 234

233

since the Bendahara although not without some difficulty, affirmed that all of Jelebu had always been a part of Pahang, "as anyone might know who observed the work of God, for was not the river Triang tributary to Pahang?"S But the rest o f t h e 1 8 8 3 A g r e e m e n tw a s r e g a r d e d b y t h e B r i t i s h a s a f a i 1ure, since already in 1884 the YamTuan was obliged to When he died at sign a bond undertaking to abide by i-t. the Penghulu and chiefs decided to the end of 1884 and abolish the office the British did not demur. The mere five rniles of road necessary to connect Jelebu with Sungei Ujong were completed in 1885 - it nay have been because the State was so snall and so near to Sungei Ujong, which already had a Resident, that Weld refused to give it one in 1883 - and a British Collector was stationed in the State. But three large concessions were discovered to have been granted on irregular terms to a German merchant in Singapore and in the following year a new treaty was negotiated (1886 Jelebu Treaty) securing the State's foreign affairs in British hands and increasing the Collectorrs power.o After 1887 Jelebu was de facto administered by Sungei Ujong, until both -'ioinedthe larger Negri Sembilan confederation in 1895. C p . R e m b a u g r e e r n e n t so f 1 8 7 7 ( M a r c h ) , 1 8 8 3 , a n d 1 8 8 7 ; A Negri Sembilan Agreementof 1895.

FOOTNOTES GD/C,Weld to COconf., 14 Dec. 1882.

CO 273/722, Weld to CO, 3 6 9 Sept. 1883, and H.A OrBrien, "Jelebu", JSBRAS, LV, Dec. 1884. X Lady Alice Lovat , The Lt fe of Sir Fv'ederick WeLd London, 1914, p.364, quoting Weld's diary.
q

CO 273/122, WeId to CO, 3 Sept. 1883. W.L. Linehan, 'rHistory of Pahang", JMBRAS, IV,ii X ( 1 9 3 6 ), p . 1 0 5 . C O 2 7 3 /1 4 1 , W e l d t o C 0 c o n f . , 16 Oct. 1886.

6.

234

JELEBU REATY f 27 April, T o Ansonts Treaty' ( T r a n sl a t i o n )

1)k

1877

27th Apttl

1877

Whereas on the above mentioned date, I Yamtuan of Jelebu came and presented myself before His Excellency the Administrator (Colonel Anson) who governs the three count r i e s , S i n g a p o r e , P e n a n g a n d l r . l a l a c c a ,w i t h a v i e w t o m a k i n g this agreement for giving quietness and peace to the country which I ru1e. I gave this agreement so that it may be a token of my truth. 2. I wish to live peaceably in ny own country, and I declare that I will not give any trouble to the adjoining countries, i.e. Sungei Ujong, Sri Menanti, Jempol, Johol and o t h e r p l a c e s w h i c h w e r e j o i n e d t o s r i N r t e n a n t ia n d u n d e r t h e r u l e o f Y a m t u a nA n t a h .
3. I declare that into ny country for the or Chinese or any other wi 1I not haras s thern.

if there are people who wish to come purpose of trading, either Malays people, they may do so freely, and I

4. I promise that should any dispute arise in my country or in the adjoining countries which I may not be able to settle, I desire to ask advice and instructions from His Highness the Maharaja of Johor. Signatures A.E.H. ANSON, Acting Governor of the Straits Settlements ABU BAKAR, Maharaja of Johore (in jaai. script)
Chop of

TENGKU ABDULLAH, Yam Tuan Muda of Jelebu

For footnotes see p.244

235

T o JELEBU REATY f 24 August, 1883 Weld's First Treaty2

T h e Y a r nT u a n o f J e l e b u , T u n k u A b d u l l a h b i n T u n k u R a d i n , _ and the Datoh Penghulu of Jelebu, Syed Ali bin Ztn aI Jafri,J have both separately applied to His Excellency Sir Frederick Aloysius Weld, K.C.M.G., Governor of the Straits Settlements, for advice and assistance and have asked him to appoint a British Resident for Jelebu, and have further requested him to arbitrate, and arrange the differences which have for many years existed between them, and rnoreover to fix the boundary between Jelebu and Pahang, and these requests have been supported by many Chiefs and headnen of Jelebu without any dissentient voice. His Excellency after someprelirninary interviews, has now rnet thern at Seramban in Sungei Ujong, and in the presence of W.F.B. Pau1, Esquire, British Resident of Sungei Ujong, has, after carefully considering the matters brought before h i m , c o m et o t h e f o l l o w i n g c o n c l u s i o n s : That it is inexpedient at the present time to send a Resident to Jelebu. That the YamTuan is recognised by the Treaties and that no notification of his deposition has been made to the British Government, and it does not appear that such deposition has ever been completely effectual or is valid; consequently the Yam Tuan, Tunku Abdullah bin Tunku Radin is still YarnTuan of Jelebu, and that the Datoh Penghulu is bound so to acknowledge him and to do him proper homage, and that a reasonable share of revenue shall be assigned him for his support and that he shall be consulted on the larger matters of State, such as properly appertain to a Raja. But, that considering all the circumstances of the case, the Yam Tuan sha11 not interfere in the ordinary administration of the country, which shall be left to the Penghulu, nor shall the YamTuan claim dues which have been hitherto divided amongst the Datohs. The Resident of Sungei Ujong will advise and assist u n d e r t h e d i r e c t i o n o f t h e G o v e r n m e n t 4b o t h i n r n a t t e r s o f administration and revenue as requested, and should any advances be made to Jelebu to open out roads to mines or for the maintenance of government and order or for any other

236

purposes, such advances sha1l be recoverable out of the fir$ or indirectly accruing from such expendiTevenues directly ture, and for the purpose the Resident of Sungei Ujong, or such officer as may be appointed, shall exercise a due control either by collection of moderate frontier dues or otherwise as may be arranged. After such just claims and the wants of the Statc are satisfied the surplus, if any, of the revenue, shall be divided amongst the Rulers and headmen of Jelebu or applied to further purposes of public works or preservation of order or suppression of crime as may be then agreed upon. As at present the revenues collected in Jelebu are very sma11, its mineral riches being almost unworked for want of roads and protection, the Governor agrees that until a proptr provision can be given out of the revenue to the Yam Tuan, an allowance shall be made to him of $1,200 yearly, on condition that he will in no way interfere with the tTansport of tin into Sungei Ujong or elsewhere without the consent of the Governor, and that he will levy no dues on it or on traders, and that fair and legitimate dues now received by the D a t o h P e n g h u l u a n d t h e h e a d m e nw i l l n o t b e i n t e r f e r e d w i t h , but will rernain as heretofore, unless new sources of revenue and an altered state of affairs sha1l render alterations adv i s a b l e w i t h t h e g e n e r a l c o n s e n t o f t h e h e a d m e na n d p e o p l e . Moreover, at the request of the headmen of Jelebu and of His Highness the Bendahara of P a h a n g , t h e G o v e r n o r w i l l t a k e s t e p s a m i c a b l y t o a r r a n g e a boundary between Pahang and Jelebu. Si gnature Fred. A. WELD, Governor of the Straits 24th August, 1883.

Settlements, Seal of the Yam Tuan Muda of Jelebu. Seal of the Dato Penghulu of Jelebu.

Signature TENGKU ABDULLAH Witness W.F.B. PAUL, British Resident Sungei Ujong. Signature W it n e s s SYED LI BIN ZIN ALA JAFRI I4II.,I. WILLES DOUGLAS, Superintendent of Police, Sungei Ujong. TALIB, DATOMA}IRAJINDA l^/l\.{. WiLLES DOUGLAS, Superintendent of Police, Sungei Ujong.

Mark of Witness

237

Mark of Witness

DATOH MENTRI D.F.A. HERVEY, on behalf of British Sungei Ujong. DATOH MENGIANG D .F . A . H E R V E Y , on behalf of British Sungei Ujong. DATOH CHINCHANG D.F.A. HERVEY, on behalf of British Sungei Ujong. DATOIISENDARA D.F.A. HERVEY, on behalf of British Sungei Ujong.

Resident,

Mark of Witness

Resident,

Mark of Witness

Resident,

Mark of Witness

Resident,

Si-gnature DATOH UMBI Witness D.F.A. HERVEY, on behalf of British Sungei Ujong.

Resident,

Signature RAJA BALANG Witness H.A. O'BRIEN, Acting Resident, Sungei Ujong.5 Mark of W i t n e ss INDA DOLAH6 MAHARAJA D.F.A. HERVEY, on behalf of British Resident, Sungei Ujong.

PADUKA Signature MENTI Witness D.F.A. HERVEY, on behalf of British Sungei Ujong.

Resident,

238

J E L E B U O C L J M E N T S1 8 8 4 - 1 8 8 5 D of Correspondence regarding Jelebu-Pahang Boundary'

Acting Governor Clementi Smith to the Bendahara of Pahang, dated 11 November, 1884.

After

Compliments.

We beg to inform our friend that we have met our friendts envoy, Haji Mahoned Nur, and have spoken with him concerning the question of the boundary of Jelebu and Pahang. We are glad to have been able to meet Haji MahomedNur, as it gave us an opportunity of discussing the whole question. In order to preserve peace it is necessary that there should be a fixed boundary between Jelebu and Pahang. At present however, it seems impossible to fix it exactly, as our friendrs envoy is not furnished with fu11 powers: and so as t h e l 4 o n s o o nw i l l s o o n c l o s e u p t h e m o u t h o f t h e P a h a n g R i v e r , we have thought it best to arrange a provisional boundary with our friendts envoy Haji Mahomed Nur. From what we have been told by him, by the Penghulu and Yam Tuan of Jelebu and by our officer who has examined the locality, we gather that there is at present no distinct boundary between Jelebu and Pahang. So we have thought it best to arrange the provisional boundary on the grounds of expediency for the present rather than on those of ancient custom, the latter being involved in doubt. As the people from Kwala Glami down to Jeram appear to favour the claims of Jelebu, while those from Gantong Labu to l'leranti Sembilan seern inclined to submit to our friendrs rule, we have agreed that the provisional boundary shall be a straight line drawn east and west to where the Sungei Dua falls into Jeram, which is midway between Gantong Labu and Jeram. Lest you should be displeased with your envoy Haji Mahomed Nur for coming down to Singapore to discuss the matter, we beg to inforn you that he did so at the express wish of the Resident of Sungei Ujong and ourselves, and that his coming here has rendered this matter much easier to settle. As the people in the upper reaches of the Triang depend for their subsistence to a gteat extent upon the rice that cones up the river we have asked the Penghulu of Jelebu to abstain fron levying a duty on rice in Jelebu and we hope

239

that our friend will do the sarne in Pahang, for the double tax is a great affliction For our friendts to the people. information we send herewith a map of the course of the river Triang, with the principal places marked on it, and the proposed provisional boundary marked in red ink. 1 1 t h N o v e r n b e r ,1 8 8 4 .

B.

Bendahara of Pahang to Acting Governor Clementi Snith, dated 25 February, I 8 8 5 loth Jemadil Awal, 1302. After Cornplinents.

Our friendrs letter of the Ilth November, 1884, has reached us and we understand all its contents, stating that our friend has seen our Ambassador Haji Mohaned Nur and has spoken to him about the boundary between Jelebu and pehang. As regards the measures which our friend has been so pleased to take for the advantage of this coultry, no doubt our friendrs assistance will secure peace. But our Ambassador who came to our friend had not sufficient authority to act as Agent with fu11 powers, therefore, he could not settle the matter by hinself. We hope for our friendts aid in considering the matter with justice. We understand that irt the time of our ancestors there was no distinction between8 Jelebu and Pehang. But now we hope our friend will accept and agree to our request that it will be sufficient if boundary-marks are put up at Kenabui to make the borxrdaries of Jelebu and Pehang. Itlith regard to other letters of our friend we are not able to answer them because our Clerk has gone up the river and has not returned yet. Our best wishes to our friend

C.

Acting Governor Clementi Smith to the Bendahara of Pahang dated 23 May, 1885.

After

Conpliments,.

We inform our friend that we have seen Mr Swettenharn the Resident of Perak, and he has informed us that our friend

240

i s w i l l i n g t h a t t h e b o u n d a r y between Pahang and Jelebu should be as proposed to our friend in our letter of the tlth N o v e m b e r , 1 8 8 4 , a t S u n g e i D u a. We are very pleased at this. 23rd l'lay, 1885 .

241

of September, 1886 JELEBUTREATY o Weldrs Second Treaty"

Agreementmadebetween His Excellency Sir F.A. Weld, Governor a n d C o m m a n d e r - i n - C h i e fo f t h e C o l o n y o f t h e S t r a i t s S e t t l e ments and its dependencies on the one side and Syed Ali bin Zin al-Jafri, Datoh Penghulu of Jelebu, in conjunction with the Government the five Waris and three Lernbagasconstituting of Jelebu on the other side. I. A year having now passed during which the Government of Jelebu has been assisted by a British Officer stationed i n t h e c o u n t r y t h e G o v e r n m e n to f J e l e b u h a v i n g s a t i s f i e d i t self of the advantages derived from such assistance wish now to enter into an Agreement by which they may be assured of its continuance. S u c h a d o c u m e n t h a s a l s o b e c o m en e c e s s a r y owing to the death of the late Yan Tuan Abdullah of Jelebu who was a party to a former Agreement in 1883 and the dr:termination of the Governnent of Jelebu not to elect .r:tother. II. The Government of the Straits Settlenents and Jelebu will at all times cordially co-operate in the settlement of a peaceful population and in the preservation of p e a c e a n d s e t t l e d G o v e r n m e n ti n t h e i r r e s p e c t i v e t e r r i t o r i e s and in the mutual surrender of persons accused or convicted of any crime or offence under such conditions as may be amanged between the two Governments. III. It is further agreed by the aforesaid Datoh Penghulu of Jelebu and the five l{aris and three Lenbagas that should there be occaslon for any arrangements or correspondence with any Foreign State it should be conducted through t h e B r i t i s h G o v e r n m e n ta n d t h a t n o g r a n t o r c o n c e s s i o n s h a l 1 be made to other than British subjects, or British cornpanies or persons of the lvl,alay, Chinese, Indian or other Oriental Races not being subjects of any non-Oriental nations without the assent of the British Governnent or its representatives. IV. So long as the Royalty on Tin (otherwise HasiL Tarnh) is not commuted by the payment from the Revenues of the State of a monthly sun in lieu of it, such Royalty at the rate of $1.50 for each bhara of smelted tin sha1l be collected by the British Collector in Jelebu and by him handed to the five Waris in whose land such tin shal1 have been raised.

242

[The three Lenbagas get an allowance but do not share in the Hastl Tanah.lru V. The Datoh Penghulu of Jelebu and the Waris and Lemb a g a s a b o v e - m e n t i o n e dw i l l i f r e q u e s t e d b y t h e G o v e r n o r o f the Straits Settlements undertake to co-operate in making arrangements for facilitating trade and communications overland through the State. VI. Such allowances will be made to the Penghulu and Waris and Lembagasof Jelebu as the state of the Revenue may admit of, having in view the present liability of the country. VII. It is agreed further that the issuing of Grants to occupy State lands whether for mining, agricultural or building purposes sha1l be left in the hands of the British Officer in Jelebu, and also the collection of land and other Revenue. A11 grants to occupy land will before issue obtain the sanction of the Datoh Penghulu and will bear his seal as well as that of the British Officer. VIII. The British Jelebu will hold court cases but aI1 disputes will be settled by the Officer stationed in the country of to adjudicate in Civil and Crininal involving questions of Mohamedan 1aw proper Native Officers.

IX. The Waris may still adjudicate in Civil and Criminal cases in their own districts up to a certain limit to be fixed hereafter but as they receive an allowance from the R e v e n u eo f t h e S t a t e t h e f i n e s , f e e s a n d f o r f e i t u r e s , collected by them will be paid into the State Treasury, each person getting one-tenth of his collections. Signature Signature Mark of Signature Signature Signature Signature Mark of Mark of Mark of F R E D .A . I V E L D , Governor of the Straits DATOPENGTIULU DATO MAHRAJAINDA DATOPADUKA DATOUMBI DATO RAJA BALANG DATOMENTI DATOCHINCHANG DATOSENDARA DATOMIANG1l

Settlements

W i t n e s s t o the above signatures F.C. WHITE, Acting Collector, Jelebu,

243

FOOTNOTES
I.

Provenance: Treaties and )ther Papers..., Singapore, 1888, p.7. Ansonwas Acting Governor of the Straits from Jervoisr departure, 3 Apr. 1877, until the arrival of his successor, Robinson, 29 Oct. 1877. P r o v e n a n c e :i b n d . , p . l 7 . l u l . &C . , p . 5 5 , g i v e J a f r a , b u t t h e c o r r e c t s p e l l i n g appears on p.55, and in Treaties and )thez, Papers.

se. of the Straits

Settlements.

The variety of people holding the post of Resident, Sungei Ujong, suggests it took some time to collect all the signatures to the treaty. The Maharaja Inda Dolah was evidently a different person from the Mahrajinda Talib, cp. Agreement of 1886, p . 2 4 3. Provenance: Treaties and )thev, Papez,s, pp.21-24. Literally 'fNothingbetween" according to M.& G., p.215. Origi.nal enclosed in C0 273/I4I, Weld to C0 conf., 1 6 O c t . 1 8 8 6 . T h e o r i g i n a l h a s n o d a t e ; T z , e a t ' f e sa n d )ther Papens and M.G G. give Septemberas the month. It is perhaps a litt1e odd that the Dato Penghulu should have si-gned though not sealed this document but the idea may have been put to hin more nearly on the same level a s t h e W a r i s a n d L e m b a g a s ,w h o d i d n o t s e a l t h e 1 8 8 3 o n e when the Dato Penghulu and the Yam Tuan N1uda did. This appears to be in interpolation in Weld's own hand.

6.

7. 8. 9.

10 11

M.G. Swift, Malag Peasant Society in Jelebu, London, 1965, p.I4, gives the following as the present titles of the Lenbagas: Dato Mentri ShahnangkualamRajasahari Dato Ombi Pangkal Maharajalela Dato Maharaja Inda Dato Raja Balang Dato Paduka Mentri Dato Chinchang Maharaja Lela Dato Senara Angsa Dato Mangiang Merah Bangsa' five were also waz"is bt'duanda o'r Of these the firsi uaris negri.

244

Note on the Johol-Malacca Boundary Agreement of 1833

In 1832 the Governnent of Bengal sent instructions to Governor Ibbetson regarding the Naning War then in progress reminding hirn that there was to be no question of the extension of Malacca territory. Ibbetson regarded the delimitation of the frontier between Johol and Malacca as an excellent opportunity to show I'that accessions of territory and encroachments upon their rights is the furthest from our vlews and intentionsrr. The strip of land between the two which had fornerly been claimed by both was believed rich in tin and gold (it included Mt. Ophir), and although the Penghulu of Johol was not at the time laying claim to it - on the contrary, he may have offered it to l*la1acca, and it may not be coincidental that it was shortly independent again as Tanpin - Ibbetson awarded it to Johol by this agreement. r

FOOTNOTE L.A. Mi1Is, Bnttish Malaya 1824-67, Kuala Lunpur, 1966, p . 1 7 7.

245

of 26 August, 1833 JOHOLTREATY Johol-Malacca Boundary Agreement (translation) 1

We, the Hontble Robert Ibbetson, Governor in Council of Penang, Singapore, and Malacca, and the Honrble Samuel Gar1ing, Resident Councillor of Malacca, the deputies on the part of the British Government, and Datu Panghulu Johole, Lela Perkasa, have agreed at this time, and fixed the bounof Malacca and Johole, as dary between the territories follows: lst. Fron Bukit Putus in a straight line to Bukit Hulu Batang Malacca, thence in a straight line to Gunong Ledang (Mount Ophir), the land on the right being the territory of Malacca, and on the left the territory of Joho1e. We have settled this contract between the British and Johole Governments, and, as long as the sun and moon exist, this settlement cannot be undone or altered as above written, and in future whoever rules in the territorles of Malacca and Johole sha11 follow what we have settled. Moreover, we have from this all the documents and traditions Malacca and Johole. time settled and arranged concernins the boundary of

Of this binding agreement are made two copies without alteration in the words, one to be kept in Malacca and one in Johole. That it may be sure and clear as above wrj-tten, we set our seals and signatures upon this paper in the presence of H a d j i A b a s K a d e r , a n d H a d j i A h m e db i n J a n a l d i n . Si gnature Signature I R O B E R TB B E T S O N , Governor of the Straits DATOJOHOL

Settlements

FOOTNOTE

246

Note on the 1884 Johol Agreement

In 1883 Governor Sir Frederick Weld had a series of conversations with the Yam Tuan of Sri N{enanti (Tengku Antah), Syed Hamid of Tampin and other chiefs regarding the affairs a of the three small states of Inas, Gemencheh nd Joho1, which It materialised allegedly accepted the YamTuan as supreme. that Tengku Antah was not satisfied with his position in or nothing in the way of them, since he could extract little taxes, and for this state of affairs he was inclined to blafiE Syed Hamid. He offered to permit the British to administer them in exchange for a regular allowance for himself from the Straits Government. Weld refused, and arranged instead that Tengku Antah shoutd meet Syed Hamid in his presence. The two of then agreed that Syed Ilamid should adninister the three states on the YamTuanrs behalf, the revenue being Weld was understandably unwilling to shared between them. set his seal upon this arrangement without the agreement of the Datos concerned, but although the Datos of Inas and Gemencheh appeared, the Dato of Johol excused hirnself on grounds of old age and i1l health, saying he would send Instead of Panglima Panglima Puteh as his representative. Puteh, however, the Dato Jenang of Johol appeared and he and the Dato of Inas, claining to represent the Dato of Joho1, in the presence of the Yam Tuan and Syed Hamid accepted the loath, Weld Stili a little proposed transfer with alacrity. lh"tt ugr"ed provisionally to the change.l* Predictably the Dato of Johol rejected the entire agreement and threatened violence to Syed Hamid if he ever entered Johol. Weld blamed the influence of the Maharaja of Johore for this, and - since the Maharaja himself was abroad - sent for his brother and the Mentri Besar of Johore and demanded The possibility the immediate end of pressures on Johol.2 of reconciling the Dato of Johol to the Yan Tuan and Syed H a m i d , h o w e v e r , s e e m e dr e m o t e , s o h e a c c e p t e d t h e c h i e f r s 'rspontaneous" offer to sign an agreement with the Resident In deC o u n c i l l o r o f M a l a c c a i n s t e a d ( A g r e e m e n to f 1 8 8 4 ) . fence of this extension of British control Weld argued that it was advisable for Britain to maintain "the closest possible relations consistently with the avoidance of any responsibil i t y t h a t m i g h t b e c o m ei n a n y w a y i n c o n v e n i e n t ' r b e c a u s e o f t h e He was statefs uniquely important geographical position' probably thi,nking, not so much of it as the route for an important road, as of it as the main channel for Johore?s influence in the Negri Sembilan area, which he was anxious to curb. The Colonial Office did not,4emur. * For footnotes see p. 248

247

FOOTNOTES 1. 2. to CO, 8 JulY 1883' Enclosures in CO 273/12I, Weld 1884. C O 2 7 3 /1 2 6 , W e l d t o c o , 1 0 J a n .

248

J0H0L TREATY of 2I March, 1884 A g r e e m e n tw i t h R e s i d e n t C o u n c i l l o r , (Translation) Malaccal

1sth (Sth Month) 1301 21st March, 1884. 0n the above dates we Dato Johan Pahlawan Lela Perkasa Setiawan have made this agreement, honestly and wi11ing1y entrusting the Government of our country of Johol and all its provinces (Gemencheh,Punggor, Ayer Kuning and Batang Malaka) to the Honrble Resident Councillor, Governor of the British Settlement of Malaka, to carry out decisions of Governrnent with reference to arranging the affairs of our country in the best way according to his judgement, to bring about p e a c e a n d p r o s p e r i t y i n o u r c o u n t r y , i . e . t o r n a k er o a d s a n d police stations etc., as in English Settlements and he also shal I prepare and arrange means for exacting our revenue. Now to any single matter which seems good to him we will give no opposition, but absolutely promise to agree and to obey exactly. Moreover with respect to the above-mentioned agreement, it shall not be changed ti1l the time of our posterity but shall remain as it is continually. Now as proof and a token of p u b l i c i t y our seal at the end of this sheet. D.F.A. HERVEY, Resident Councillor, Malacca. of the above we

affix

Signature

Chop of DATOJOHOL

FOOTNOTE Copy enclosed in CO273/127, Srnith to CO, 1 Apr. 1884; ep. E. Thio, British Policy 'in the MaLay Peninsula 1 B B 0 - 1 9 1 0 ,v o 1 . I , K u a l a L u n p u r Q S i n g a p o r e , 1 9 6 9 , p . 5 3

249

Note on the Naning Treaty of 1801

T J
!E
a

3fI
. b -t

During the eighteenth century Naning became independent of the Johore Sultanate, as did the other States of Negri Sembilan, but it remained to someextent subjected to the Dutch at Malacca.l At the time of the British occupation of Malacca during the Napoleonic Wars, Naning was regarded as conquered territory but 1ittle attention was paid to it except for a treaty signed with the hereditary chief or PenghuLu (Treaty of 1801). T h o m a sB r a d d e l l l a t e r w r o t e that this treaty showedthat Naning was 'rtreated rather as a protected State than as part of Malacca, as the European G o v e r n m e n t si n t h e s e c o u n t r i e s d o n o t m a k e t r e a t i e s w i t h their own subjects."2 Indeed, its Penghulu continued to exercise exclusive jurisdiction in Naning, even to the power of life and death, ti11 f807 when the British Resident at Malacca forbade him to pass sentences of death. Mills records that there was no evidence that the Penghulu and his Chiefs came to pay their yea'rly homage in Malacca during this period. llowever, when the British returned to occupy Malacca permanently in 1825, Fullerton (Governor Penang \824-27, Governor Straits Settlenents 1827-30) regarded the 1801 Treaty as clear evidence that Naning was an integral part of Malacca. This lnterpretation and the attempts to give effect to it (in particular the revival of the right to collect from the inhabitants of Naning a tithe which, as subsequent research revealed, had been commutedby the Dutch as long ago as 1765 into a smal1 annual tribute) led to the Naning War of 1831-32. T h e E a s t I n d i a C o m p a n y ,t h o u g h l o a t h to get involved ln Malay affairs, eventually won this contest. One result of the war was the absorption of Naning by Malacca, another was the seri-es of treaties which Britain - anxious t o s p l i t t h e a l l i a n c e b e t w e e n N a n i n g a n d R e m b a u- c o n c l u d e d w i t h R e m b a u( s e e R e m b a u r e a t i e s o f 1 8 3 1 , 1 8 3 2 a n d 1 8 3 3 , T p.2s6 ff) .

dtd 3 'rr l{ -

s* 4

lir

FOOTNOTES See L.A. MiILs, British Malaya 1824-67, Kuala Lumpur, 1956, p.115 ff, and C.M. Turnbull, The Straits Settlements 1826-67, London1972, p.263 tt. 2. Jounnal of the Indi.an Archipelago (new series) I, 199. and Eastern Asia,

250

NANINGTREATY of 16 Ju1y, 1801 Treaty leadj.ng to the Naning War of 1831-18321

Treaty entered into in 1801, by the British Resident at Malacca, Lieutenant-Colone1 Taylor, with the Panghulu of Naning. Articles and conditions dictated by Lieutenant-Colone1 of Malacca, for and Aldwel1 Taylor, Governor and Commandant l{onourable the Governor of Fort St. George, in behalf of the with Rajah Mera Captain Panghulu, &c., ca11edDhol1 Syed; and Lela Uluh Balang and Moulana Hakim, ca1led the late Orangkaya; Kechil, cal1ed Musah; and Menobonjon-kaya, cal1ed Konchil; and Maharajah Ankaia, ca1led Sumuna; and Mulana Garan,2 Ministers and Chiefs of Naning, and the circumjacent vi11ages, who have solonnly accepted and sworn to the following Articles:-

Article

The said Captain, or Panghulu, Ministers, and Chiefs, promise and swear, in the name and in behalf of the whole community of Naning, to be faithful and submissive to the above-mentioned the Honourable the Governor in Council of of Fort Saint George, likewise the Governor and Commandant this Town and Fortress, and all Commandants that are, or may hereafter be, appointed under them, and, moreover, will do their utmost to conduct themselves in all cases with obedierce to the British Authority, as is required of all dutiful subjects, without conjointly or severally attempting any hostile measure against the said Governor, either directly or i-ndirectly, and the following Articles shall be solemnly and strictly observed, and all other contracts and covenants that have been previously passed with another nation3 to the prejudice of the British shal1 be annul1ed. Article ii

In case any persons at Naning, children of the Menankabaus and Malays, shall violate the contents of this Contract, or shall be disobedient to the Governor or his Officers, the Panghulu and Chiefs shall, at the dernandof the Governor, deliver them up to be punished as they deserve. For footnotes see p.255

251

Article

iii

The Panghulu, Chiefs, and inhabitants of Naning, Menankabaus, as well as Malays, are bound to deliver one-tenth of the produce of their rice and al1 fruits to the East India Conpany; but in consideration of their indigent circumstances, the said Company as resolved that the Panghutu shatl h come in person, every yeat, or cause one of his Chiefs to come to Malacca, in order to pay their homage to the Company, and, as a token of their submission, they shall present to the Companyfrom the first fruits of the crop one-half coyan of paddy (400 gantangs). Article iv

The inhabitants of Naning, when quitting the country, in order to proceed to Malacca, sha11 produce to the Shah-Bundar a written permission from the Panghulu, signed and sealed with his seal; and likewise all persons who may wish to proceed from Malacca to Naning, are directed to produce to the authority there similar documents, signed (by order of the Government) by the Shah-Bunder, otherwise both parties shal1 be obliged to send such persons back; but when provided with the required Certificates, they will be permitted to reside at Naning and adjacent villages, and to seek the rneans of livelihood by agricultural pursuits in planting bete1, 0c. , provided they adhere and conform to the customs and usages of the place in the same manner as the other inhabitants. Article v

The Penghulu and Chiefs promise, that all the tin brougfrt from Sri-Menanti, Sungei Ujong, Rumbowe,and other places in these districts to Naning, sha11 be immediarely sent and delivered to the Company, for which they sha1l receive 44 Rix Dollars in cash, for every bhar of 300 catties, payable in Surat Rupees. Article vi

T h e y a l s o p r o m i s e t o d e l i v e r t h e pepper of Naning and t h e a d j a c e n t d i s t r i c t s , when any great q u a n t i t y i s t o b e h a d , to the Company, the p r i c e o f 1 2 R i x D o l l a r s p e r b h a r . at

Article vii

The Panghulu, Chiefs, and the people of Naning shall

252

have no authority to negotiate or traffic with any inland nation, but shal1 bring their goods down the river of Malacca, naki-ng use, under no pretext whatever, of any other passage orf conveyance, nor holding any comnunication with any such inland nation, in the River Panagie, on pain of forfeiting their lives and property. Article viii

The Panghulu and Chiefs promise, in the narne of tne said Cornmunityof Naning, that whenever the Chief Rulers happen to resign the Government, or any misfortune befal1 them, they shall, in such case, propose one of the nearest and nost qualified of his family, to the Governor of Malacca, for his successor; but it is not to be expected that such a proposal must always meet the Governorrs approbation; on t h e c o n t r a r y i t i s o p t i o n a l w i t h h i m w h o mh e t h i n k s p r o p e r to appoint. Article ix

Any slaves belonging either to the Honourable Company, or the inhabitants of Malacca, that may take shelter in Naning, or the circumjacent villages or places, the Panghulu, Chiefs, and inhabitants (none excepted) sha11 bind themselves to apprehend and imrnediately send to Town such fugitives, that the same may be delivered to their masters, and a demand of 10 Rix Dol1ars, and not more, as a reward, sha11 be exacted from the owners. Article x

Any male or female slaves, that may be enticed away from Naning to come to Malacca, in order to embrace the Christian faith, the proprietor of such a slave shal1 receive, as compensation, one-half the amount of the price of the s1ave, according to the appraisement of the Committee which t h e G o v e r n m e n ts h a 1 1 a p p o i n t . Article xi

But any person who sells any Christian slaves or freem e n o f M a l a c c a t o a M u s s u l m a no r H e a t h e n , e i t h e r w i t h t h e i r own consent, or seduced, or carried away by force fron their masters, more especially those who induce such Christian slaves or freemen to be circumcised, or use violence to pers u a d e t h e m t o b e c o m eM o h a m e d a n s s h a l l f o r f e i t , their lives and property.4

253

Article

xii

And that the contents of the said Articles may be inviolably observed, the Panghulu and Chiefs promise and swear, in the name of the whole nultitude, that they will irnmediately restore and deliver to the Honourable the Governor al1 such runaway slaves that are in Naning or other places. Article xiii

Lastly the Panghulu and Chiefs prornise and swear on the Koran, in the name of the community of Naning, that they will in every respect solemnly observe and rnaintain the orders set forth in these Articles, and do bind themselves to deliver up any transgressors of the said orders to the said East India Company, in order that punishment may be inflicted on such persons. For the due fulfilment of what has been herein pronised and agreed, I have hereunto set my usual signature. Done and sworn in the Town and Fortress 16th of July, 1801. Signed A. TAYLOR of Malacca,

Sworn to by the Panghulu and Chiefs of Naning. We, Captain or Panghulu and Chiefs, promise and swear, as well for ourselves as in the nane and behalf of the Comnunity of Naning, to be faithful and sincere to the Governor in Council of Fort Saint George, the Governor and Comrnandant Malacca, of and all Conrnandersthat are, or may hereafter be appointed under then, and furthermore, to be punctual and strict in observing their orders and commands,that have, or may hereafter be issued, and conducting ourselves in future, towards the East India Cornpany, in such a manner as is required of a1l dutiful and faithful sub'iects and vassal.

Mark of Mark of Mark of Mark of Mark of

D O L LS Y E D , Penghulu of Naning BELALMOREN K A N T J U I L( s c . " K o n c h i 1 r ' ) ( SOEMOEN sc. 'rSumuna") GUNAN(sc. "Mulana Garan'r) I{OULANA

254

FOOTNOTES Aitchison, Treaties I, pp.395-396. C.O. Blagdents romanised Malay version was printed in the original e d i t i o n o f L . A . M i l . 1 , s , " B r i t i s h M a l a y a 1 8 2 4 - 6 7 ,,, JMBMS, 3, ii (1925), and is discussed in Peninjau Sejarah, II, 2 (Oct. 1967), pp.54-55. 2. The text here is alnost certainly corrupt. Considerable difficulty arises from the circumstance that the British version attempts to anglicise the spelling of the Malay (abori-ginal) namesand titles while the Malay signatories thernselves make no attempt to do so. But this does not explain why a Treaty should have been signed w i . t h , a m o n go t h e r s , t h e r r l a t e 0 r a n g k a y a " w h o d o e s n o t a p p e a r t o b e a m o n gt h e s i g n a t o r i e s . D. Lewis, "Inas: A S t u d y o f L o c a l H i s t o r y t ' , J M B R A SX X X I I I , i ( 1 9 6 0 ) , , p.81, records a story that in the 1870s the YamTuan Besar sent a deputy to Inas who, for reasons of his own, told the Jelai chiefs that they should abandon their old styles and nicknames if they wished the British to take then seriously, and should adopt such Sumatran titles a s L e m b a g a ,D a t o S e t i a R a j a a n d L e m b a g a , Dato Baginda Raja. He was probably correct. i.e. the Dutch.

3. 4.

It is interesting to contrast the intolerant and proselytising attitude towards Muslims reflected in these clauses with the attitude reflected in the Agreements of 1874 and thereafter.

255

T Note on the Rembau reaties of 1819

1831 1832 and 1833

W h e nt h e D u t c h r e t u r n e d t o M a l a c c a i n 1 8 1 8 , t h e y a t once set about restoring their network of treaties and trade e n g a g e m e n t sw i t h t h e n e i g h b o u r i n g S t a t e s . Despite British attempts to forestall them (see Perak Treaty of 1818 p..i72 and Selangor Treaty of 1818 p.436), in l8l9 the Government of Malacca revived its former treaty relationship with the Ruler of Selangor, while, at the sametime, it signed an agreement with Rembauwhereby it resurrected a treaty of 1 7 5 9 a n d a c q u i r e d a c o m p l e t e m o n o p o l y o f t i n ( R e n b a uT r e a t y of 1819). However,both these treaties of 1819 were disallowed by Batavia, which did not wish to reassert tin monopolies in this area, and thereafter with regard to Rembau the Dutch were described, as being I'content with vague suzerainty over Rembaut'.r" When,therefore, in 1831 the B r i t i s h s i g n e d a t r e a t y w i t h R e m b a u( R e n b a u T r e a t y o f 1 8 3 1 ) waiving any rights which they might have inherited from the Dutch under the 1824 settlement (see p.2BB), they were not in fact liberating Rembaufrorn bonds imposed upon it in 1819, although - since the phrasing of the 1831 Treaty seens specially designed to cont'rast British generosity wlth the harshness of Dutch overlordship - they rnay have thought they were or, more plausibly, may have wished to give the impression that they were. The Rembau reaty of 1831 arose out of the circumstances T of the Naning war. The British attempt to collect a tithe from the inhabitants of Naning was regarded as a breach of f a i t h , n o t o n l y b y N a n i . n gb u t a l s o b y o t h e r n e i g h b o u r i n g Malay States who were affected by the transfer of Dutch r i g h t s o v e r t h e m t o B r i t a i n i n 1 8 2 4 : R e m b a u ,f o r o n e , o f f e r ed Naning aid and the first British attack on Naning was repulsed with some ignominy. T h e E a s t I n d i a C o m p a n ya u t h o r l ties were incensed to find themselves involved in a war arising out of a misunderstanding, and were anxious to terrninate it as quickly as was with dignity possible. The first step w a s t o d e t a c h R e m b a uf r o n h e r a l l i a n c e w i t h N a n i n g a n d i n volve her on Britainrs side. Negotiations began in Septemb e r , 1 8 3 1 , a n d a t t h e e n d o f t h e N o v e m b e ra n a g r e e n e n t w a s reached by which the British recognised "the authorities of Rumbowe and its dependencies as an independent State. " A t t h i s p o i n t t h e c o m p l e x i t i e s o f R e m b a u r si n t e r n a l politics affected the picture. Like the Dutch in 1819, the British in 1831 had signed their treaty with Raja A1i, as Ruler of Rembau, the Penghulu Lela Maharaja and the four * For footnotes see n.257

256

s u k u o r L e m b a g a( p r i n c i p a l c h i e f s ) o f R e m b a u i l i r . H Raja A l i t s a m b i t i o u s s o n - i n - 1 a w , S y e d S h a a b a n ,h o w e v e r , w i s h e d recognition as a power in Rembau efore he would assist the b British against Naning. Moreover, there lvas also a t)?ical1y Menangkabau ispute over the weight of the 1831 docur d ment which did not bear the mark or signature of all eight L e m b a g a ,i . e . i n c l u d i n g t h o s e o f R e m b a u 1 u . Therefore, U the 1831 agreement was replaced on 28 January 1832 by another ( R e m b a u r e a t y o f 1 8 3 2 ) , s i m i l a r l y b u t s o m e w h a tm o r e s u c c i n c t T 1 y w o r d e d , w h i c h w a s s e a l e d b y S y e d S h a a b a na s w e l l a s b y Raja A1i and signed by four additional suku. Raja Ali then a s s u m e dt h e o f f i c e o f Y a m T u a n B e s a r a n d r e l i n q u i s h e d t h a t o f Y a mT u a n M u d a t o S y e d S h a a b a n , w h o , t h u s s a t i s f i e d , lent his support to the British cause in the Naning War. After the war a third agreement - this time to define the Malacca-Rembauboundary - was concluded (Renbau Treaty of 1835). I t w a s s i g n e d b y R a j a A l i , S y e d S h a a b a n ,t h e t w o Penghulus (uiz. Lela Maharaja and Sedia Raja) and the eight suku. Raja A1i was styled as Yang Di-Pertuan Besar (and on the Malay original he used a seal inscribed'rsultan 41itt;z a n d S y e d S h a a b a nw a s s t y l e d Y a n g D i - P e r t u a n M u d a . The seeds for future quarrels over authority in Rembauwere thereby
50wn.

I n 1 8 3 3 S y e d S h a a b a na t t a c k e d L i n g g i a n d h e a n d h i s father-in-1aw, Raja A1i, were eventually repulsed and driven out of Rembau o seek refuge in Malacca in 1836. t Britain refused aid to reinstate then on the grounds that treaty obligations were not involved. W h e ni n 1 8 4 7 S y e d S h a a b a n w a s i n v i t e d b y a f a c t i o n t o r e t u r n t o R e m b a u ,t h e B r i t i s h perrni-tted him to go but withdrew his pension in order to emphasize the strictness of their policy of non-involvement in internal l'lalay affairs no matter how deservi-ng of help individual, parties might be.J Until his death tn 1872 S y e d S h a a b a nw a s c o n f i n e d t o T a m p i n .

FOOTNOTES N. Tarling, Anglo-Dutch Riualny in the Malay tloz,Ld, 1 7 8 0 - 1 8 2 4 , B r i s b a n e , L o n d o na n d N e wY o r k , 1 9 6 2 , p . 8 7 . 2. The editors wish to thank Mr J.M. Gullick and, via Tan Sri Mubin Sheppard, the family of Raja Ali for help in connection with the Malay originals of the Rembau Treaties of 1832 and 1833. See also John Gu1lick, rrThe T a m p i n S u c c e s s i o n t ' ,J M B R A S , 9 , i i ( i 9 7 6 ) p p . 1 - 3 5 . 4

257

3.

L.A. MiLls, British p.178.

M a l a g a , 1"824-67, Kuala Lumpur, 1966,

258

REMBATREATY f 5 June, 1819 U o Treaty with the Dutch^

1*

Treaty of everlasting friendship and alliance between the Supreme Governrnent of Netherlands India, and Rajah Ali, the Panghulu, and the Ampat Sukus. 0n behalf of the Netherlands Government the Honourable J.S. TimmermannThyssen, Governor of Malacca and its dependencies, and on behalf of the kingdom of Rumbowe the above-named Rajah 41i, the Panghulu and Anpat Sukus. The Supreme Government of Netherlands India, wishing to give proof of the good intentions of His Netherlands Majesty towards all his subjects, renew, by this, the former Treaty of the Supreme Government of India, with Dain Cambodia, made in the year 1759,likewise al1 that has proceeded from such consequently with the forrner Panghulus and Arnpat Sukus, now entered into with Rajah Ali, the Panghulu and Ampat Sukus as their successors.

Article

i the of the

The Supreme Government acknowledge Rajah A1i, Panghulu and Ampat Sukus, to be the administrators Kingdom of Rurnbowe. Article ii

Rajah A1i, the Pangkulu and Ampat Sukus, acknowledge the Supreme Government of Netherlands India to be their protector, and they likewise do promise and swear, as well for thenselves individually as for all their subjects, to be at all times faithful and honest, as it is expected frorn good and faithful vassals, and never to act in any way, directly or indirectly, against the Netherlands Government, and at a l l t i m e s t o c o n s i d e r t h e f r i e n d s o f t h a t G o v e r n m e n tt o b e their friends, and their enemies to be their enemies, and they do moreover bind themselves to provide the said Governnent with men and arms whenever such should be reouired bv the Governor of Malacca and its dependencies. Arti-c1e iii The Netherlands Government do engage to naintain or support Rajah Ali and his successors, likewise the Panghulu For footnotes see p.272

259

and his successors, in their rights, leaving, however, the laws and customs of the country in their full force - but, in case of the decease of Rajah A1i, or the Panghulu, his or their successor or successors being chosen, he or they s h a l 1 n o t , h o w e v e r , a c t n o r b e a c k n o w l e d g e da s s u c h b y a n y body, until the said nonination be confirmed by the Governor of Malacca and its dependencies, and this Treaty having been sl.vorn to by them. That in case any Europeans or Natives, being in the service of the Netherlands Government, should happen to run away or abscond, withi-n the territory o f R u n b o w e ,o r j - n t h e j u r i s diction of Rajah A1i, the Panghulu and Anpat Sukus, and such h a v i n g c o r n et o t h e i r k n o w l e d g e t h e y s h a l l , w i t h o u t a n y c o n s i deration for the rank or state of such persons or person, and also not allowing them to embrace the Moharnmedanligion, re c a u s e t h e m t o b e a p p r e h e n d e da n d s e n t f o r t h w i t h t o t h e G o v e r nor of Malacca. Article iv

That the Rajah Ali, the Panghulu and Ampat Sukus, sha11 not grant any protection under any pretence whatever to any of their subjects who sha11 be suspected of having seduced slaves, or to have committed any criminal offence, but shall deliver them over, on good faith, to the Governor of lr,lalacca, or to the Fiscal of Ma1acca, who may send for thern by the order of the Governor, in order that such delinquents shall be tried at Malacca, and dealt with according to the nature and circunstances of the crime. Article v

That Rajah Ali, the Panghulu and Anpat Sukus, shall forthwith deliver over all those slaves who have run away, and are found to have absconded within the territory of Runbowe, since the 21st of September, 1818, being the day of t h e r e - e s t a b l i s h r n e n t o f t h e N e t h e r l a n d s G o v e r n m e n ta t M a l a c c a , and likewise that those slaves who may hereafter abscond, shall be delivered over upon the following consideration, to wit, that for every slave delivered over sha1l be paid Spanish dollars 14, to be divided, viz: Spanish dollars 7 for the Panghulu and Ampat Sukus, and the other half to be given as a reward to those who sha11 apprehend the slaves.
Article vi

0n the application

of Rajah Ali,

the Panghulu and Arnpat

260

Sukus, to the Governor of Malacca and its dependencies, the Governor engages to issue orders for the apprehension of such persons, as may have absconded fron Rumbowe,and conceaof Malacca, and to led themselves within the jurisdiction forward them to Rajah Ati, the Panghulu and Ampat Sukus. The sane manner of proceeding shal 1 be adopted in case of to slaves who may have absconded frorn Rumbowe Malacca, with condition, that for every slave sha1l be paid 14 Spanish this dollars by the owners. Article vii

That Rajah Ali, the Panghulu and Ampat Sukus, sha11 del i v e r t o t h e G o v e r n m e n to f M a l a c c a , a l l t h e t i n , w i t h o u t a n y reservatj-on whatsoever, which shal1 be collected either on their own account or by their subjects, and such being the and other dependenproduce of Lingie, Sungie Ujong, Rurnbowe cies; t h e G o v e r n m e n te n g a g e t o p a y 4 0 d o l l a r s p e r b h a r o f The Government' 300 catties, or 375 Dutch lbs. for the same. however, reserve to thernselves the right of confiscating sLrch tin as may be found to have been smuggled, and of acting in accordance with the Treatv of 1759. Arti.cle viii The Rajah A1i, the Panghulu and Ampat Sukus, sha1l in no way assist nor protect any pirates, or act of piracy, but prevent the sane by all the means in their power, in order to aid and promote the connerce and navigation of the Straits; and that they shal1, at aI1 times, be held responsible for any act of piracy committed by any of their subjects. Article ix

That should any malevolent persons rnake preparation for hostilities, and the fact cometo theirknowledge, they will endeavour to prevent its progress, and bring the same forthwith to the notice of the Governor of Malacca. Article x

That every vessel, without any exception of its owner, proceeding either from the West to the East, or from the East to the West of Malacca, shall not be allowed to pass Malacca without putting into that port, and taking out a regular port clearance, on failure of which, such vessel and cargo will be confiscated.

261

A11 vessels belonging to Rumbowe, r to i-ts dependencies, o in case they shall neet at sea a rnan-of-war, or cruiser of any other Government, which may fire a signar gun towards them, must instantly, at the report of the g,r.,, h"r.re to, and produce their passes, that they may be irlowed to proceed unmolested and not be considered as pirates, but, in case of disobedience to the signal, they shall be considered as pirates and dealt with accordingly. Rajah Ali, the Panghulu and Ampat Sukus, do solemnly undertake, as well for themselves individually as for their heirs and successors, and likewise for all their subjects, the true and rninute performance of this Treaty, without any deviation from the same, and that as long as the sun and noon sha1l shine. The Governor of Malacca and its dependencies likewise promises, for, and on behalf of the Netherlands Government, to act according to the contents of this Treaty. rn witness whereof, this Treaty has been solemnly sworn to on the Alcoran, by the here present Rajah A1i, the panghulu and Ampat Sukus, and they have set their hands and seals,annexed to those of the Governor; and three similar copi", of the samehave been drawn up, viz:lst copy to be for_ warded to His Excellency the Governor-General of Batavia; the 2nd copy to be deposited in the Governnent secretaryfs Office at Malacca; the 3rd copy to be hetd by Rajah Ali, the Panghulu and Ampat Sukus. Concluded at Naning, on this Seal and Signature of 5th day of June, 1g19.

J. TII\O4ERMANN THYSSEN, Governor of Malacca and its Dependencies

Seal and Mark Mark Mark Mark Mark Mark

of of of of of of

RAJA ALI of Rembau penghulu of Rembau LELA MAHARAJA, GEMPA MAHARAJA ) MARABANGSA I tne Four Sukus SANGSURA PAHLAWAN of Rembau ) BANGSA BALANG )

262

Ies,

REMBAU TREATY of 30 November, lg3l First Treaty of Friendship with Britain2 (Transl ation)

Treaty of perpetual friendship and alliance between the Suprene Government of British rndia and Rajah A1i, the panghulu, and Ampat Sukus, governing the country of Runboweand its dependencies. l. 0n the part of the British Government, Robert Ibbet_ son, Esq., Resident of Singapore, prince of Walesr Island, and Malacca, and dependencies; and, on the part of Rurnbowe and its dependencies, and said Rajah A1i, th; panghulu, and Ampat Sukus. 2, In token of the good will and disposition of the s u p r e m e G o v e r n m e n to f B r i t i s h I n d i a , a s w e l l a s i n d i s p o s i tion to grasp at the possession of nore territory than can fairly be claimed from long established custom and usage, beyond the possibility of misapprehension, they hereby waive all claim that might be urged to the obedience of the Rumbownese, as subjects of the British Government, founded on former treaties between them and the Dutch Governrnent, and are pleased, from this date to cancel such interpretation, and to treat with the authorities of Rumbowe nd its depena dencies as an independent State.

Article

The supreme Government of British India hereby acknowledge Rajah AIi, the Panghulu, and Ampat Sukus, as the chiefs of Rumbowe nd its dependencies. a Article ii

The English and Rumbownese engage in friendship with mutual truth, sincerity and candour. The Rumbownese must not meditate or commit evil against the English in any manner. The English must not meditate or comrnit evil against the Rumbownese any manner. The Rumbownese in must not molest, attack, disturb or seize any place, territory or boundary belonging to the English. The English must not molest, attack, disturb, seize or take any p1ace, territory, or boundary, subject to the Rumbownese. The Rumbownese s h a l l s e t t l e e v e r y r n a t t e r w i t h i n t h e R u m b o w n e sb o u n d a r i e s e according to their own will and custom.

263

Article

iii

Should any place or country subject to the English do anything that may offend the Runbownese, the Rumbownese shal1 not go and injure such place or country, but shall first report the matter to the English, who shall examine and if the fault 1ie and sincerity; into it with truth English shall punish according to the with the Englishr the Should any place or country subject to the Rumbowfault. nese do anything that may offend the English, the English shall not go and injure such place or country, but sha1l , f i r s t r e p o r t t h e n a t t e r t o t h e R u m b o w n e s ew h o w i l l e x a m i n e and if the fault lie with and sincerity, into it with truth sha1l punish according to the Rumbownese,the Rumbownese place or country, that Should any Rumbownese the fault. English country, collect at any time an army, is near an or fleet of boats, if the Chief of the English enquire the e o b j e c t o f s u c h f o r c e , t h e C h i e f o f t h e R u m b o w n e sc o u n t r y declare it. Should any.English place or country,that is must n e a r a R u m b o w n e sc o u n t r y , c o l l e c t a t a n y t i m e a n a r n y , o r e e a f l e e t o f b o a t s , i f t h e C h i e f o f t h e R u r n b o w n e sc o u n t r y the object of such force, the Chief of the English enquire country must declare it. Article iv

I n p l a c e s b e l o n g i n g t o t h e R u m b o w n e sa n d E n g l i s h , l y i n g e near their mutual borders, if the English entertain a doubt as to any boundary that has not been ascertained, the Chief on the side of the English must send a letter, with somemen and people, to go and enquire fron the Runbohrnese Chief, who s h a l 1 d e p u t e s o m eo f h i s o f f i c e r s a n d p e o p l e t o g o w i t h t h e men belonging to the English Chief, and point out and settle the mutual boundaries, so that they may be ascertained on both sides in a friendJ.y matter. If the Rumbownesentertain a doubt as to any boundary that has not been ascertai-ned, the C h i e f o n t h e s i d e o f t h e R u m b o w n e sm u s t s e n d a l e t t e r , w i t h e s o m em e n o r p e o p l e , t o g o a n d e n q u i r e f r o m t h e E n g l i s h C h i e f , who shall depute sone of his officers and people to go with the nen belonging to the Runbownese hief, and point out and C settle the mutual boundaries, so that they may be ascertained on both sides in a friendly manner. Article v

Should any Rumbownese subject run away, and go and live w i t h i n t h e b o u n d a r i e s o f t h e E n g l i sh, the Rurnbownese must not

264

intrude, enter, seize or take such person within the English boundaries, but must report, and ask for him in a proper manner, and the English shall be at liberty to deliver the party or not. Should any English subject run, and go and live within the boundaries of the Rumbownese,the English must not intrude, enter, seize or take such person within the Rumbownese boundaries, but must report, and ask for hin shall be at liberty proper manner, and the Rumbownese in a to deliver the party or not. Article vi

Merchants subject to the English, and their junks and boats, [aI have intercourse and trade with any Rumbownese will aid and protect them, and country, and the Rumbownese permit them to buy and sell "with facility. Merchants subject to the Rumbownese,and their boats and junks, may have intercourse and trade with any English country, and the English will aid and protect them, and permit them to buy and sel1 with facility. T h e R u m b o w n e sd e s i r i n g t o g o t o a n E n g l i s h e councountry, or the English desiring to go to a Rumbownese try, must conform to the custom of the place or country on either side; should they be ignorant of the customs, the RumbowRumbownese English 0fficers must explain them. or nese subjects who visit an English country must conduct themselves according to the established laws of the English counEnglish subjects who visit a Rumtry in every particular. bownese country must conduct themselves according to the ese t a b l i s h e d l a w s o f t h e R u m b o w n e sc o u n t T y i n e v e r y p a r t i c u l a r . Article vii

Rajah A1i, the Panghulu, and Ampat Sukus, with a view to promote the safety of trade and navigation, sha11 not tolerate piracy, but on the contrary, they shall exert their by causing the offender to receive an exemutmost efforts, plary punishment, to suppress it, and the English will do the same. Article viii

That in the event of their being apprized of any hostile undertaking being in contemplation, they shall endeavour to d e f e a t t h e o b j e c t o f t h e e n e m ya n d i n f o r m t h e E n g l i s h C h i e f of Malacca instantly of the circumstance. The eight Articles of this Treaty, written in the Malayan language, are concluded and agreed upon on the 30th November,

265

1831; there are two copies, both sealed and attested by R. Ibbetson, EsQ., on the part of the English, and Rajah Ali, the Panghulu, and Ampat Sukus, on the part of Rumboweand its dependencies; another copy will be transmitted for the ratification of the Governor-Genetal of Bengal, which, when returned, a note to that effect sha1l be further affixed to the two copies now attested, in token that it is to last as But the Treaty, in long as heaven and earth shall endure. the meantime, is to be scrupulously acted on by both parties

266

R.
t

REMBAU TREATYof 28 January,

1832
A

Second Treaty of Friendship with Britain* t0 as in

A Treaty made in friendship, to last as long as the Sun and Moon revolve, between the Rulers of India under the English on the one part, and Rajah A1i, and the Panghulus) and and its dependencies on the eight Sukus ruling over Rumbowe the other Dart. 0n the part of the English the Honourable Robert Ibbetson Esq., Resi-dentat Singapore, Pulo Penang, and Malacca, and dependencies, and on the part of Rumbowe and its dependencies Rajah A1i, and the Panghulus and the eight Sukus, that these countries, both those under the English and under the Chiefs, may hereafter be ruled with justice, and according to their several customs, and not to infringe upon the rights of each other. The English Governnent by these presents cancel and annul all former Treaties and Agreements made between Rumbowe and the Dutch Government, and the present Government of the English, and make this Treaty with the Rurnbowe Chiefs as a G o v e r n m e n to f i t s e l f , excluding all others. F i r s t l y - 0 n t h e p a r t o f t h e E n g l i s h G o v e r n m e n tt h e y hereby acknowledge Rajah Ali and the present Panghulu and eight Sukus as the rulers of Rumbowe nd its dependencies. a Secondly - The English Government and that of Rurnbowe do hereby forn a frlendship to last for ever, and the Rumbowe Governnent will never do any thing offensive against the E n g l i s h G o v e r n m e n t , a n d t h e E n g l i s h G o v e r n m e n tp r o m i s e o n their part to be equally friendly towards the Governnent of Rumbowe, ither by attacking each other, or taking possession e of the tenitories of either party. T h e R u m b o w e o v e r n m e n tw i l l b e a t l i b e r t y t o r u l e w i t h i n G its own territories according to the laws and usages of that country. Thirdly - If, in any of the places under the English G o v e r n m e n t , t h e y s h o u l d i 1 1 - t r e a t a n y p e o p l e o f R u m b o w e ,t h e Government of Runbowesha1l not attack or fight against that p1ace, but the RunboweGovernment will first inform the Engl i s h G o v e r n m e n to f i t , w h o w i l l e n q u i r e i n t o t h e c a u s e s a n d see that justice be done - if the fault lies on the part of

267

the English, justice sha1l be accorded according to the English Law; and if the same should happen on the part of the Rumbowe eople, towards that of the subjects of the English, p t h e E n g l i s h G o v e r n m e n ts h a 1 1 n o t t a k e u p o n i t s e l f to attack or destroy that country, but shall, in the first place, acquai"nt the Rumbowe Chiefs of the aggression and the Chiefs sha11 inquire into the causes and do justice, of Rumbowe p and if the fault lies on the part of the Rumbowe eople, they shall be puni"shed according to the nagnitude of their offences. Should any of the places in the neighbourhood of the English territories be preparj-ng for warfare by assenbling men or vessels, and should the English Government enquire the cause of doing so, the Chiefs of Rumbowe hal1 state the s reasons for doing so; on the part of the English Government they promise to do the same to Runbowe. Fourthly - With regard to the boundaries which divide the territories of Runbowefrorn those of the English, should the latter be at a loss to find out the exact places, the person governing on the part of the English will write and send persons on their part to Rumbowe,and the latter will send their officers, and the said officers for both parties will ascertain the boundaries, and settle them on the most a m i c a b l e t e r m s ; s h o u l d t h e G o v e r n m e n to f R u m b o w e e s i m i l a r l y b situated, and wish to ascertain the exact boundaries, they wj-1l act in the samemanner, and send their officers to the English Government,who will in the samemanner go to the spot, and ascertain the same in the most friendly manner. - Should any of the inhabitants of Rumbowe Fifthly run away to the territories of the English Government, it will people to follow and seize not be lawful for any Rumbowe p them within the English territories, but the Rumbowe eople can give information and demand them of the Engli-sh Government i-n a proper nanner, and the English can deliver up or not, as they nay think proper. If, on the other hand, any English inhabitants should go and settle in the Rumbowe ountries, the English may not c f o l l o w a n d s e i z e s u c h w h i l s t i n t h e R u r n b o wt e r r i t o r y , e but the English shall give information and demand then in a friendly manner, and the people of Rumbowe ill deliver them w u p o r n o t , a s m a y b e d e e m e dp r o p e r . Sixthly - English merchants in wangkangs and ptorr6 ""rt territories, trade backwards and forwards in any of the Rumbowe

268

Government shal1 assist such traders, so and the Rumbowe wi-thout danger, and Rumbowe traders in that they can traffic wangkangs and prows can trade in any English Ports, and the When any Rumbowe English Government shal1 protect them. people wish to go to places under the English, or, on the other hand, any English wish to go to places under Rumbowe, they sha11 be guided by the customs and usages of those places, and should they, on either part, be ignorant of such customs and usages, the Officers of such places sha11 inform who go to places them; further, all inhabitants of Rumbowe under the English Government, shall be guided by the orders and the that they may have given to them in those districts, s English inhabitants who may go to places under Rumbowe hal1 also do the same. Seventhly - Rajah Ali, the Panghulu and the eight Sukus shall not a1low pirates to remain in their ports, but do all in their power to give safety to traders, thereby destroying these evil-disposed people, and the English on their part sha1l promise to do the same. Eighthly - If Rajah A1i, the Panghulu and the eight Sukus shall hear of any acts of the enemy, they shall do all in their power to prevent their carrying them into execution, and shall give information of the sane. These eight stipulations are written in the Malay language, and are settled and determined upon on the 28th January, 1832, equal to the Arabic calculation of the 18th day of Shaban, 1247, and two copies of the sametenor and d a t e , s e a l e d a n d a c k n o w l e d g e db y R o b e r t I b b e t s o n , E s q . , o n t h e p a r t o f t h e E n g l i s h G o v e r n m e n ta n d R a j a h A l i , t h e P a n g h u l u a and eight Sukus on the part of Rumbowe nd its dependencies. Another copy of this Treaty sha1l be made and sent to Bengal for the purpose of being approved of by the Right Honourable the Governor-General, and when the sane shall be returned and confirmed, notice shal1 be made of it in writing in these two copies, that they may never be changed and may be literal1y interpreted as long as the world may last. F u r t h e r , t h e s e E n g a g e m e n t ss h a 1 l b e f o l l o w e d i n g o o d by the contracting parties. R. IBBETSON, Resident of Singapore, Prince of Wales Island and Malacca

faith

Signature and seal of

269

W i t n e ss e s

W.T. LEWIS, Assistant Resident J . B. WESTERHOUT

Seal of Mark of Mark Mark Mark Mark Mark Mark Mark Mark of of of of of of of of

SYED (SHERIF) SHMBAN LELA MAHARAJAH, Penghulu of Rembau MARABANGSA GEMPA MAHAMJAII SENDAMAFIARAJAH BALANG BANGSA SAUI\'IA RAJA MENDELIKA SANGSURA ANDIKA

Seal of

R A J AA L I T of Rembau

T h e Eight

Sukus of Rembau

270

REMBAU TREATY of 9 January, 1835 Boundary Treaty with MalaccaR

We, Robert Ibbetson Esq., Governor in Council of Pulo Penang, Singapore and Malacca, Samuel Garling, Esq., Resident Councillor of Malacca, on the part of the English East India Company, and the Eang de per Tuan Besar of Rumbowe,Rajah Ali, and the Eang de per Tuan Muda Sherif Saban bin Ibrahim A1-Kadaree, together with the Datu Panghulus Lelah Maharajah, a n d S e d i a h R a j a h , a n d t h e D a t u s , e i g h t S u k u s o f R u m b o w e ,v i z , , Datu GamparMaharajah, Datu Marrabangsa, Datu Sangsoera, D a t u B a n g s a hB a l l a n g , D a t u S a u m i a R a j a , D a t u A n d e k a h , D a t u Mandaleka and Datu Sendah Maharajah, who are at this present date about to settle the boundaries between the territory of Malacca and that of Rumbowe,which is done with the mutual consent of the parties so assembled, and the said boundaries are fixed as stated below, as follows:- From the mouth of the River Jenni to Bukit Firstly Bertam, frorn thence to Bukit Jelootong, from thence to Bukit Putus, from thence to Jegrat Kanchee, from thence to Lubbo Tallahn,from thence to DusoonPrinjee,from thence to Drsoon Kahpur,from thence to Booloo Sankal,from thence to Bukit putus The above are the boundaries between Rumbowe and Malacca, which we have ascertained with sincerity, and to be so long as the Moon and Sun exist, between the English Conpany and Rumbowe. They are never to be altered, nor can this Deed be altered from what has been set forth above. Further - From thenceforth whosoever should be at the head oFJhE-Covernnent of Malacca, or that of Rumbowe,they will respect and fo11ow the Engagement erein made. h Further - From this date, w, the two contracting parties,-EiiilT-a11 former Engagementsand Deeds regarding the boundaries of Malacca and Rumbowe. T h i s E n g a g e m e n ti s m a d e i n d u p l i c a t e , b o t h o f t h e s a m e tenor and date, the one to renain with the Malacca Government, and the other with Rumbowe. Written by Abdul Wahid bin Abdulrahmanof Malacca, at Naning, in the village of Sungei-Soopoot, in the year of Our L o r d 1 8 3 3 , o n t h e 9 t h day of January, and in the Malay year 1 2 4 8 , o n t h e l 9 t h d a y of the month Shaban.

271

Seal and Signature of Signature of

R. IBBETSON,9 Governor, Straits

Settlements

SAMUEL GARLING, Resident CounciIlor,

Malacca Seal cf

Seal of

R A J AA L I , Y a n g d i - P e r t u a n B e s a r o f Rembauru

S Y E D( S H E R I F ) SHAABAN,Yangdi-Pertuan Muda of Remba Penghulu SEDIA 1 RAJA1

Seal of Mark Mark Mark Mark Mark Mark Mark Mark

Penghulu LELA MAFI,ARAJAH Mark of of of of of of of of of Dato GEMPA Dato IUIARABANGSA DAIO SANGSURA BALANG Dato BANGSA DAIO SAUMIARAJA DAIOANDIKA DAIOMENDELIKA DAIO SENDA

Witnesses

MATTHEW P00LE, Lieutenant, I Quarter Master General s Department J.T. NEWBOLD, 25rd Madras Light Infantry

J.E. WESTERHOUT

FOOTNOTES
l.

Wehave followed M.6 G., pp.39-42, in taking this translation fron T.J. Newbold, PoLitieal and Statistieal Aeeount of the British SettLements in the Sty,aits of MaLaeca, London, 1839. P r o v e n a n c e :M . & G . , p p . 4 3 - 4 5 . It is not shown in M.& G. whose seals and signatures were attached to the docurnent but presumably they were those of Raja Ali, the Penghulu Lela Maharaja and the four sukus since the treaty was later ratified. They may well have been excised later on when the 1852 Treaty w a s s i - g n e db y a d i f f e r e n t l i s t o n t h e M a l a y s i d e . Provenance: Aitchison, Malay (jawi) originals Treaties, I, pp.415-20. The of the 1832 and 1853 Rembau

5.

4.

272

5.

Treaties are now in the possession of the descendants of Raja Ali. We have not been able to see these documents, which, we are told, are very fragile, but we are indebted to Tan Sri Mubin Sheppard who has sent us photographs of the documents and seals. These photographs also illustrate John Gullick's article in JMBRAS, 49, ii (1976), though that of the 1832 Treaty facing page 28 has been incorrectly captioned: trTreaty between R e n b a u a n d t h e B r i t i s h i n N o v e m b e r1 8 5 1 r r . M.& G. and the Malay original give I'panghulusil here but rfpanghulutr in Articles vii and viii. Though two Penghulus signed the Treaty of 1833 only one was a party to this agreement. r?Wangkangs and prows" (prahus) - ie Chinese junks and Malay boats. Though the photographic copy of the Malay original (itself very worn) is indistinct, it would appear that three parties placed seals on this treaty: Ibbetson, Raja Ali and Syed Shaaban. M.G G., p.48, omit lbbetson's s e a l a n d c r e d i t R a j a A l i w i t h a r r n a r k r ro n l y ; m o r e o v e r , the latter is ambiguously placed as though it could r e f e r t o r r P e n g h u l uL e l a M a h a r a j a ' r . P r o v e n a n c e :M . & G . , p p . 2 0 8 - 9 . T h e N I a T a yU a w i ) o r i g i n a l i s i n t h e p o s s e s s i o n o f t h e d e s c e n d a n t so f R a j a A l i , see note 4 above. The signature and seal of Ibbetson appear on the origiral at the head of the treaty. The seal of Raja Ali is much clearer here than on the 1852 Treaty. It is interesting to note that Raja A1i presunes to describe himself as "Sultantr. M.6 C. refer here to ltthe seals of the two Panghulusrl but only the seal of the Penghulu Lela Maharaja, the Undang of Rembau, appears on the Malay version.

6. 7.

8.

9. 10.

II.

2'r3

Note on the Rembau greements of 1877 (March and September), A

By the early 1870s Raja Alirs family had sunk into obscurity but a son of the late Syed Shaaban, Syed Hanid, t r i e d t o e s t a b l i s h h i s a u t h o r i t y i n R e m b a ua s c l a i m a n t t o the title Yam Tuan Muda. Although Rembauhad been independent of any other State since the disintegration of the Negri Sembilan confederation, it was divided by a tussle bet w e e n t h e Y a mT u a n M u d a , o r r a t h e r t h e c l a i m a n t t o t h a t t i t l e , and the Dato Penghulu, Hajj- Sahil. It seems that in order to further his aim Syed Hamid sponsored Haji Mustapha as Undang of Renbau and/or supported the aspirations of Tengku Antah of Sri Menanti to be recognised in Rembauas Yam Tuan Besar. I{aji Sahi1, however, stood in opposition to Syed H a m i d t s c l a i m s , h i s s p o n s o r s h i p o f H a j i M u s t a p h aa n d h i s support for Tunku Antah. Haji Sahil even disputed Syed Hamidrs position in Tampin. Now Haji Sahil was a prot6g6 of the Maharaja of Johore, and at this time it was the policy of Governor Jervois to subordinate the Negri Sembilan States (except Sungei Ujong) to the Ruler of Johore. It is not surprising, then, that Haji Sahil won this round and on 31 March 1877 a treaty was signed between Jervois, Abu Bakar and Sahi1, in which Haji Sahil undertook to rule Rembau peacefully and to refer disputes to the Maharaja (Rembau Treaty of March 1877). His position as Dato Rembau as w strengthened when he ceded Sirnpang to the Straits Government in September of the same year (RembauTreaty of September 1877). In 1880 Haji Sahil was emboldened(perhaps encouraged by Johore and Acting Governor Anson) to attack Syed Hamid in Tampin. As soon as he arrived in the Straits Settlements, Weld (Governor, 1880-87) ordered Sahilrs invasion to cease. Then he set about reversing Jervoist policy towards the States of Negri Sernbilan. The new governor took exception to the position which the Maharaja of Johore had attained in the affairs of Negri Sembilan and he was determined that the Malay rulers of that region should accept British "guidancer'. With regard to Rembau, where the feud between Hamid and Sahil continued to smoulder, Weld was not at first prepared to take the part of Syed Hamid even though Harnid was considered a potential supporter of the British whereas Sahil was the acklndeed, the programme for nor*led,ged,dependant oi Jobrore. of Rembau, which l'rleId suggested in Decernber the pacification 1882, indicates the weakness (at least in British eyes) of b Syed Hamidrs legal position not only in Rembau ut in Tampin as well:

274

Wemight quieten rnatters by confirming Syed Hamid's title to Tampin and Kru, by ourselves givi-ng him comp e n s a t i o n f o r l o s s e s i n c u r r e d i n c o n s e q u e n c eo f t h e attack on him, nade with the tacit sanction of the Acting Governor... W em i g h t , i f a l l c o n s e n t e d , b u y a piece of land cutting off Tampin from Rembau, between Malacca and Sungei Ujong... deferring the YamTuan Muda question and declaring our moral support for Haji Sahi1, ask the people to give him a further trial which may probably be accompanied by our sending an officer from time to time to advise and see that justice be done, and so far as possible, that the revenue be more equitably used and distributed. Our interference would be as litt1e as possible but it might mendmatters. . . if the Dato Penghulu accepted this guidance.1* However, when Weld realised that FIaji Sahil would be unlikely to accept British 'rguidance" and when he was informed by the Resident Councillor, Malacca, that "most of the people of Rembauilfavoured Syed Hamid as their I'Chief Rajahrr, Weld was ready to rrrecognize the right of Syed Hamid to live in Rernbau"qrd prepared to compensate Haji Sahil from Straits funds.l Weld, armed with infornation gathered by D.F.A. Hervey, Resident Councillor of Malacca, hastened to convince the Colonial Office of the necessity for intervention in Renbauon behalf of Syed Hamid. He used the murder (carried out apparently at the instigation of Haji Sahil) of one of Hamidfs supporters as the final argument to win London round to his new course. A t t h e e n d o f M a r c h 1 8 8 3 , W e l d s u m m o n e do M a l a c c a a l l t interested parti-es:Syed Hamid, Haji Sahi1, Haji Mustapha, and 23 out of the 24 entitled to elect the Undang of Rembau. He also invited to this meeting Raja Idris of Perak, Raja Kahar bin Sultan Ismail of Selangor, Tengku Antah (Yang DiPertuan Besar of Sri Menanti), the Dato Klana and Dato Shahbandar of Sungei Ujong, the Dato Muda of Linggi, the British Residents of Sungei Ujong and Selangor, and the Resident Councillor of Malacca. "Such an assembly of Tepresentatives of several Malay States to deal with the affairs of one State was unprecedented."3 In the presence of this august gathering, Weld disavowed Jervoisr Treaty of 1877.4 However, he did not, as he had once intended, appoint a Briti-sh Resident to Rembau. Moreover, he did not replace Haji Sahil by Syed Hamid or even by Haji Mustapha, who had been in Hamidrs camp. Certainly Sahil was deposed on grounds of misgovernment (Article i of Rembau reaty of 1883) but ,'the Datohs and T

275

chief men who have the rights of electing the Penghulu" chose, with the Governorrs approval, one Serun bin Saidin (Article iiJ. Syed Harnid's clairns to Rembau ad been rejected. h Poss i b l y h e w a s f o u n d t o b e i - n e l i g i b l e a c c o r d i n g t o R e m b a uc u s tom. At any rate he signed the 1885 agreement with the designation "Raja of Tampin". W h e nh e m e t W e l d o n 1 1 J u n e 1883, the Governor refused to restore him to Rernbauand, when Weld concluded a second agreement with the chiefs of Rembau on 17 September1887, Syed Hamid was not called to sign this document (Rembau reaty of f887). T It seemsthat Weld was anxious that Hamid be regarded as a non-Rembau chief. Syed Hanid was, however, conpensated with the award of Inas, Gemencheh and Johol whose administration was transfemed fron Tengku Antah to Syed Hamid "of Tampin" in the presence of the Governor. However, as Weld's memorandum the meeton ing makes plain, Hamid acquired nothing approaching sovereignty over the three territories. The chiefs of the areas involved are said to have accepted the arrangement at the tine but the Penghulu of Johol later withdrew his support and threatened Hamidrs life if he were ever to come to Joho1. Weld ascribed this to the influence of Johore which laid claim to Johol (see Notes on the 1884 Johol Agreement p.247 and the Sri Menanti Agreement of 1883 p.286). A f t e r S y e d H a n i d ' s d i s c o m f i t u r e i n 1 8 8 3 i t s e e r n sh e never revived his bid for Rembau. Indeed, Tampin was subsequently regarded by the British as separate fron Renbau and other States; its Ruler signed the 1889 Negri Senbilan Agreement (p.323), the 1895 Federation Treaty (p.558) and all later docunents affecting Negri Sembilan, as a signatory in his own right. But uncertainty renains as to what exactly thi-s I'right" was, and the issue is compoundedby the oni-ssion of any mark, signature or seal from the representative of Tampin on the 1895 Negri Sembilan Agreement (p.324) even though Tampin is specifically mentioned in its text.

FOOTNOTES E. Thio, British pp.32-3. ) G u l I i . c k , " T h e T a m p i n S u c c e s so n " , i

/1

Policg in the Malag Peninsula, vol.I,

p . 1 3.

Weld reasoned that,

because the eight sukus whose assent

276

was required by custorn had not participated in the 1887 contract, that agreement remained invalid (see Weldts n o t e o f 6 A p r . 1 8 8 3 a p p e n d e dt o M a r c h 1 8 7 7 T r e a t y ) . 5. 6. C O 2 7 3 /1 2 1 , W e l d t o C 0 , 8 J u l y 1 8 8 3 . CO 273/126, Weld to C0, 10 Jan. 1884.

277

REMBATREATY f 31 March, 1877 U o Jervois' Treaty (invalidated by Wetd)l* ( T r a n sl a t i o n )

W h e r e a so n t h e a b o v e - m e n t i o n e d d a t e I , D a t o h R e m b a u Lela Maharajah, came and presented nyself before Hi.s Excellency the Governor of the Straits Settlements for making this agreement for giving quietness and peace to the country which I rule. 2. My wish is to stay quietly in my own country, and I declare that I will never cause any trouble to the neighbouring countries, viz. Sungei Ujong, Jelebu, Sri Menanti, Jempol, Johol and the other places which were joined to Sri Menanti, and under the rule of Yamtuan Antah. And I also declare that if good people wish to trade in my country as Malays, Chinese or any other nationalities they can do so freely and they will never be badly treated by me. And I also pronise that if any dispute arise in my own country or in the neighbouring countries which I may not be able to settle, I desire to ask advice and instructions from His Highness the Maharaja of Johor. Signature Seal and Signature Signature Y\rM. DRUMMOND F. JERVOIS, Governor of the Straits Settlements ABU BAKAR, Maharaja of Johore (in jaui script)

I]AJI SAHIL, Dato Renbau Lela Maharaj a (in j.aui scrr.pt.)

[This Treaty is not signed by the eight Suku Datohs of R e m b a ua n d n o t h i n g c a n b e m o r e c e r t a i n t h a n t h a t t h e i r s i g nature, or at all events that of a large majority of them, is essential to the validity of any treaty or engagement professing to deal with the rights or interests of the State of Rembau. Signature FREDA. I\'ELD, Governor of the Straits Settlements April 6th. r883.l. * For footnotes see P.283 278

of REMBAU DOCUMENT 27 September, 1877 .) Cession of Land at Simpang(Trans lationl

W h e r e a s I , H a j i S a e l D a t o R e m b a uL e l a M a h a r a j a h w i t h all the Lembagasor Sukus (Chiefs) whose names are at the f o o t o f t h i s , n o w b e i n g t h e R u l e r s o f R e m b a ua n d a l l i t s dependencies, declare that a piece of land called Simpang which belongs to me and all the Lembagas,containing an area of 94 acres and 6 poles as per plan attached. That on this day I and all the Lembagashave with pleasure handed over t h i s s a i d p i e c e o f l a n d t o t h e G o v e r n m e n to f H . M . t h e Q u e e n Her Heirs and Successors. No one for the future can claim this for it is quite true and clear said land; that I have hereunto fixed my seal and signed my_nametogether with the Lembagas o r S u k u s .J D a t e d t h e 2 7 t h S e p t e m b e r , 1 8 7 7.

Seal of the DATO REMBAU LELA MAHARAJA

279

TREATY REMBAU of 31 March, 1883 Weld's First Treaty4

(Trans lation)

Whereas many dissensions have arisen in the country of Rembauand the people of Renbau are constantly complaining to the Governor of the Straits Settlements saying that the o1d customs are not followed and that many things which are not right are allowed and that many crimes have been committed without the offenders being punished and are consequently dissatisfied with the present state of affairs, al1 the chief men and Datohs who are entitled to have a voice in the matter have met at Malacca on the date nentioned hereafter. 1. It is clear that Haj i Sael the Penghulu of Rembau does not regard the o1d customs and constitution of Rembau and has done many things which are not at all right and many Datohs and people of Rembaudo not want to obey Haj i Sael any longer: on this account the Datohs and chief men of Rernbau with the approval of the Governor have deposed Haj i Sael who no longer continues to be Penghulu of Rembau. 2. The Datohs and chief men who have the rights electing the Penghulu have agreed to choose Seron bin as Penghulu of Rembauand His Excellency the Governor b e h a l f o f t h e B r i t i s h G o v e r n m e n th a s r e c o g n i s e d S e r o n Sidin as Penghulu aforesaid. of Sidin on bin

3 . W h e n e v e rt h e r e i s t r o u b l e o r d i s s e n s i o n i n t h e c o u n try of Rembau, the Penghulu and Datohs and other inhabitants of Rembau esire to make reference to His Excellency the d Governor of the Straits Settlements, and whatever decision r n a yb e g i v e n b y t h e G o v e r n o r , a l l t h e p e r s o n s w h o h a v e s i g n e d their names at the end of this Agreement will accept and obey.
q

F R E DA . W E L D , Governor of the Straits Settlements Witness D.F.A. HERVEY, Resident Councillor, Malacca Mark of Dato Penghulu Sedia Rajah SERUN IN SAIDIN B Mark of Dato GempaMaharaj a AMIN Mark of Dato Mer Bangsa SALLEH Mark of Dato Sangsura Pahlawan HAJI JAYAH Signature of Bangsa Balang HAJI ABDULKARIM

Signature"

280

Mark Mark Mark Mark Mark Mark

of of of of of of

Signature Signature Signature Signature Signature Signature Signature

Dato Sri Maharaj a LEI,{AN Dato Senda Maharaja DOLAH Dato Andika SHARIF Dato Mendelika BAKAR Dato Mendelika SAHIL6 TENGKU ANTAH, Yang di-Pertuan Besar of Sri Menanti of of RAJA IDRIS BIN ISKANDAR Perak RAJA KAHARBIN YANGDI-PERTUANSFLANGOR, of of Selangor Agent of Sultan ABIJULSAMAD Of RAJA LAUT BIN SULTANABDUL SAII,IAD of Selangor (SYED) HAMill BIN SFIARIF(SYED) SFTARIF of SHAABAN AL-KADRI of Tampin YUSOFof Sungei Ujong Dato Klana MOFIAMED of of Dato Bandar AHMAD Sungei Ujong of of the DATOMUDALINGGI

Dated at Malacca on 31st Day of March, 1883.

281

of 17 SePtember, 1887 TREATY REMBAU

'7

Weld's Second Treaty'

Memorandunof Agreement between His Excellency Sir Frederick f A l o y s i u s W e 1 d ,G . C . M . G . , G o v e r n o r a n d C o m m a n d e r - i n - C h i e o f the Colony of the Straits Settlernents, and the Datoh Penghulu Sedia Raia and Chiefs of Rembau. 1. That the Datoh Penghulu and Chiefs of Renbau agree t o l e a v e a l l R e v e n u eq u e s t i o n s t o H i s E x c e l l e n c y t h e G o v e r norrs Officer, who will at the sametime consult with Penghulu and Chiefs in Council on all State matters of importance. 2. That the Penghulu and his Chiefs shall give every assistance in their power to His Excellency the Governorrs O f f i c e r i n a l l q u e s t i o n s o f R e v e n u ea n d P o l i c e a d m i n i s t r a t i o n in carrying out all the forms prescribed by the RembauCourt either civil or criminal. 3. That the control of all duties on tapioca, pef'per, gambier, coffee and tin, together with the farm rents, should be absolutely left to the Officer appointed by His Excellency the Governor; in the case of duties to be collected from waste 1ands, questions regarding the administration of ancestral occupied lands to be carried out only with the Penghulu in Council. 4. That Hj-s Excellency the Governor shall select such Officers as he deemsadvisable to assist in the adrninistration of the State of Rembau. 5. That in consideration of the exact fulfilment by the Dato Penghulu and Chiefs of the State of Rembauof the above paragraphs, His Excellency the Governor agrees that one-third of the total yearly Revenue should be paid to the Datoh Penghulu in Council once every three months and that the Penghulu of shall furnish a list showing the comparative participation each individual Chief in the Revenues of the State in absolute accordance with the constitution rights of each Chief.

Seal and Signature of

Seal of

F R E DA . W E L D , Governor of the Straits Settl ements SEDIA RAJA of Rembau DATOPENGHULU

282

Mark or Signature of Mark or Signature of

DATOPERBA DATOMENTRILELA PERKASAS Sri Menanti

W i t n e s s e s M A R T I NL I S T E R , Collector and Magistrate, LEOP. CAZALAS

Signed on the 17th day of September, 1887, corresponding to the 28th Day of Dolhija, A.H. 1304.

FOOTNOTES Provenance: Treaties 1888, p.4. 2.

7

and )then Papez,s.

, Singapore,

Ibid.,

p.5.

According to Tv,eaties and )ther Papers and M.& G., p.49, no names of lembagas or sukus appeared on the original treaty. This fact, by Weldrs own confession (see previous treaty), would seem to invalidate it. P r o v e n a n c e :M . & G . , p p . 5 0 - 5 1 . T h e t e x t d i - f f e r s f r o m that contained in Weldrs report to the Legislative Council of 4 Apr. and'his despatch to the C0 of 7 Apr. which reads as follows:f'1. Whereasdifficulties h a v e a r i s e n i n R e m b a ua n d the people of Rembau ave repeatedly complained to the h G o v e r n m e n to f t h e S t r a i t s S e t t l e m e n t s t h a t t h e i r o 1 d customs were not being fol1owed, that injustice was done, crimes committed without due punishment of the guilty, and generally they were not satisfied with present arrangenents - all the Chiefs having now assembled at Malacca on this date and it having been made e v i d e n t t h a t t h e P e n g h u l u o f R e m b a u ,H a j i S a h i l , d i s r e g a r d s t h e e s t a b l i s h e d c u s t o m s a n d l a w s o f R e m b a u ,a n d has committed many unjustified acts, and many of his Headmen nd Chiefs are determined no longer to fo1low a his rule - they do now, with the consent of the Government, depose Haji Sahil, and he is no longer Penghulu of Rembau. ' r 2 . T h e e l e c t i v e C h i e f s a n d p e o p l e o f R e m b a ud o n o w u n animously select Serun bin Saidin to be Penghulu of R e m b a u ,a n d H i s E x c e l l e n c y t h e G o v e r n o r , o n b e h a l f o f the British Government,hereby acknowledgesSerun bin Saidin to be the Penghulu of Rembau.

4.

283

r'3. In aL1 cases of difficulty or difference, the Signatories to this engagement agree to refer to the Governor of the Straits Settlernents, and to abide by his decision. rr4. It is hereby agreed by all whose seals or signatures are affixed to this docunent, that they will abide by the terms of this engagement,and will nutually assist in maintaining its provisions and in punishing anyone who contravenes any of the said articles.tt The signatures and seals on this treaty gave been discussed by Gullick ("The Tanpin Successiofl", pp.16-17) who comments: rThere then follow (in Weldfs despatch) the signatures or seals of ten Rembauchiefs and of eight other Malay representatives, prefaced by Weldrs signature as Governor. The printed text of the Legislative Councrl proceedings which is incorporated in Weldrs despatch is incomplete and certain additions were made in manuscript when the text was sent to London. These manuscriot additions are underLined :trf approveil (Signed) Fred. A. Weld Governor and Cornmander Chief S.S. in (Signed) D.F.A. Hervey Resident Councillor of Malacca ilSignature or marks of Signatures and marks of Rajas the Datuk of Rembauil and others representing Sri Menanti, Perak, Selangor and Sungei Ujong

't1.. The Datuk Penghulu 1. The Yam Tuan of Sri elect, Datuk Penghulu Menanti, Antah sedia Raja, serun bin ,. The chief Judge of perak, Syed lsiel Dris rr2. The Datuk Gempa 3. Son of the Sultan of Maharaja Anin Selangor, Kahar fr5. The Datuk Merbangsa 4. Son of the late Sultan of S a 1l e h Selangor rr4. The Datuk Sangsara Datuk Klana of Sungei Pahlawan Jait Ujong, Dosoh r'5. The Datuk Bangsa 6 . Datuk Bandar of Sungei Balang Abdul Karim Ujong, Ahmad '16. The Datuk Sri 7 Datuk Muda of Linggi trlaharaj a Leman

284

"7. The Datuk Sinda Maharaj a D o 1 1 a h ? r 8 . T h e D a t u k Andika Shari ff "9. The Datuk Mandalika Bakar (lJ r ' 1 0 . T h e D a t u k Manda ika I Sail (2) ttThe Sultan confirm

8. Syed Hanid, Raja of Tampin wj-11 sign

of SeLangor and the Regent of Penak aiLL the acts of thei,r plenipotent'Larteet'

The underlined additions, in manuscript, suggest (Weld makes no cornment) that certain signatures, including that of Syed Hanid, were not obtained at the ceremony on 31st March and had not been obtained on 4th Apri1, when Weld reported to the Legislative CounciL. One wonders whether Hamid at first demurred at joining in a documentwhich by its silence on his claim to be Yam Tuan l{uda effectually ended it. Alternatively, did Hamid wish to sign, because of the general recognition which it might give of his status as a ruler, and was at first denied the chance to do so? In the text of the treaty reproduced in lr{axwe11 and Gibson (Treaties and Engagement affecting the lt{alay States and Borneo; 1924 at pp.50-5I) the style of certain signatures in the righthand column is different in detail frorn that given in W e l d t s d e s p a t c h ; R a j a L a u t i s n a m e da s t h e s e c o n d Selangor signatory and after him, as fifth in order b e f o r e t h e D a t u k K l a n a , c o r n e st ' s h e r i f H a m i d b i n S h e r i f Shaaban Alkadri (Tampin)'r. There seems to be no question but that Hamid was a signatory (it has been suggested to the writer that he signed merely as a witness - but this is not so) but there is something to be explained of when and how he cane to sign. I 6. It may be presumed that both the Dato Mendelika Bakar and the Dato Mendelika Sahil claimed to represent one o f t h e e i g h t c l a n s ( t h e M e l e n g g a n gc l a n ) t h e r e b y b r i n g ing the number of RembauChiefs (apart from the Undang elect) entitled to sign from eight to nine. Provenance: Ty,eaties and )ther Papez.s, p.40,

7.
6.

It seemsa little suspicious that, whereas nine Chiefs of Rembau s well as the Penghulu should have signed a the 1883 Treaty, only two and the Penghulu signed this agreement.

285

Note on Sri Menanti Agreementsof 1876, 1883, 1886 and 1887 I'Sri Menanti'r was not a constant entity: it was often used to represent the area over which, at any one monent, the lang di'Pertuan Besan (Ian Tuan Besar,) was recognised of Sri Menanti as Ruler. There was, of course, the territory given to the Menangkabau rinces when p itself, district the they were first invited from Sunatra to the Negri Sembilan But when the conarea. This was the permanent minimum. federation broke up, there was a constant corning and going of other districts i n t o a n d o u t o f t h e Y a mT u a n t s r e a l m . For this reason it was found necessary in most agreements signed during the 1870s and 1880s to defi.ne Sri Menanti. And when the whole area was federated in such a way that the sovereignty of the Ruler was not recognised in all spheres, the older title Negri Sembilan (Nine States, used in its English translati"on in the 1876 Agreement) was found more appropriate. There is a tendency, however, which Maxwell and Gibson exemplify, to use the titles interchangeably. This is not necessary. The Treaties themselves make it quite clear that the name Sri Nlenanti was applied to the areas recognising the supremacy of the Yan Tuan up to 1889. In that year they confederated with states not tecognising the Yam Tuanrs supremacy, and the name changed. In 1875, at the end of the Sungei Ujong War, the British were in control of Sri Menanti district, U1u Muar and Jempol. Jervois proposed treaties with each State and subsidies to pronote good rule, but the Colonial Office vetoed this schene and ordered him to extricate Britain from the area.l* In November a number of chiefs net and recognised as Yam Tuan Tengku Antah, who was not the Govern o r r s o w n c a n d i d a t e , b u t i n w h o mh e a c q u i e s c e d . z Jervois' p o l i c y w a s n o w t o e s t a b l i s h t h e s u p r e m a c yo f t h e M a h a r a j a of Johore over all the Negri Sembilan area except Sungei Ujong, and in 1877 Anson met the Sri Menanti Chiefs at S e g a m a tw i t h a v i e w t o i m p r e s s i n g t h i s u p o n t h e m . 3 So successful was he that when Weld reversed Jervoisr policy and met the Chiefs at Bukit Putus in 1881, Tengku Antah asked that in future the Governor should communicate only through the Maharlja, since he better understood Malay ways and customs.4 T h e Y a mT u a n ? s m o t i v e s a r e n o t c l e a r : he must have had serious reservations about the Johore Rulerfs overlordship in his own region; but perhaps he feared Weld's intentions more - or perhaps he was guided by financial motives. L i k e t h e Y a mT u a n M u d a o f J e l e b u a n d the claimant to that title i n R e m b a u ,h e f a c e d t h e p r o b l e m . *" prSB F"t f""t""t"t

286

that while, as Yan Tuan, he was expected to fulfil certain f o r e i g n p o l i c y a n d r e l i g i o u s r o l e s , h e w a s n o t e n d o w e dw i t h a sufficiently large source of revenue to do so. Perhaps this was why, in 1883, he offered to hand over three smal1 s t a t e s u n d e r h i m , J o h o 1 , I n a s a n d G e m e n c h e h ,t o t h e B r i t i s h in exchange for a fixed income - an offer which Weld refused.S In 1876 the chiefs of Jempol, Terachi, Gunong Pasir, fnas, Ulu Muar, and Johol had all accepted Tengku Antah as Y a r nT u a n B e s a r ( S r i M e n a n t i A g r e e m e n t o f 1 8 7 6 ) . In 1883, when Weld refused to accept Inas, Gemencheh nd Johol, Tengku a Antah gave them instead to Syed Hamid of Tampin, whose clains to be Yam Tuan Muda of Rernbau were rejected in that year (Sri Menanti Agreement of 1883). The Chiefs of all three states are said to have accepted the arrangement at the time, but the Penghulu of Johol later withdrew his acceptance and threatened Syed Harnidrs life if he came to Johol. Weld ascribed this to the influence of Johore, whidr claimed Johol, and - in the absence abroad of the Ruler of Johore - sent for his brother and the Mentri Besar and told them that Johore's claims of overlordship in the Negri Sernbilan were now rejected once and for all. He then dernandedthe withdrawal of Johore pressure from Joho1,6 and Johol made an agreement with the Resident Councillor, Malacca (Johol 1884 Agreement) instead. In 1886 what remained of Sri Menanti (which seens still to have included Inas, but not Gemencheh) ccepted a treaty a whereby Britain controlled concessions to foreigners, deternined foreign relations and defended the State if need be. This treaty (Sri Menanti 1886 Agreement) was modelled on the Johore one of the previous year and the Colonial Office complained that the clause guaranteeing that the two governments would co-operate 'rin joint defence of their territories from external attackil was inappropriate in an agreement with such a sma11state: indeed it had only been permitted in Johore's case as an exceptional favour, and the Johore 1885 Treaty had had to be laid before the Queenon account of it. The t r e a t y w a s a l l o w e d t o s t a n d f o r t h e m o m e n tb u t i n 1 8 8 7 , w h e n a suitable opportunity arose to make a change without causing suspicion, the objectionable phrase was replaced with another ( S r i M e n a n t i 1 8 8 7 A g r e e m e n t ). / By the 1886 and 1887 Agreenents the chiefs of Inas, U1u Muar, Jempol, Terachi, Gunong Pasir and (once again) Johol recognised Tengku Antah as Yam Tuan Besar and - perhaps more important - the British recognised Tengku Antah's son, Engku Besar Muhanmedand his legi" timate successors after him" as heirs to the title. Hitherto YamTuans had been elected, and with the prevalence in

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the region of a matriarchal system succession from father to son had been, to say the least, problematic. Engku Besar Muhannad succeeded Tengku Antah, but exactly what was meant by "his legitimate successorsrr remained a bone of contention. At the time of the 1887 Treaty, then, Inas, Ulu Muar, T e r a c h i , J e m p o l , G u n o n g P a s i r a n d ( s o m e w h a td o u b t f u l l y ) J o h o l and Gemencheh recognised Tengku Antah as Yan Tuan Besar, and his son was at least known to be recognised by Britain as his successor. At this point Sri Menenti confederated with States which did not recognise Tengku Antah as their sovereign, a n d t h e n a m e o f t h e c o n f e d e r a t i o n b e c a m eN e g r i S e m b i l a n ( s e e Negri SembilanTreaty of 1889 p.320).

FOOTNOTES Pav'Liamentarg Papens, C. 1709 of 1877, Jervois 1 3 l r { a y7 8 7 6 & C 0 t o J e r v o i s , 1 9 A u g . 1 8 7 6 . 2. 3. 4.

q

to CO,

Ibid.,

Jervois to C0, 13 Dec. 1877.

CO 273/9I, Anson to C0, 25 Aug. 1887. C O 2 7 3 /1 0 8 , W e l d t o C O , 9 A p r . 1 8 8 1 . C O 2 7 3 /1 2 1 , W e l d t o C O , 8 J u l y 1 8 8 3 a n d e n c l o s u r e s . C O 2 7 3 /1 2 6 , W e l d t o C 0 , 1 0 J a n . 1 8 8 4 . For details see CO 273/139, Weld to C0, 5 Apr. 1886; C O 2 7 3 /1 4 0 , C 0 t o W e l d , 1 6 S e p t . 1 8 8 6 ; ' C O 2 7 3 / 7 4 5 , Weld to C0 conf., 15 July 1887.

6. 7.

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TREATY of 23 November, 1876 SRi MENANTI Jervois' Treatyl*

We, the undersigned, have appeared before His Excellency, the Governor of the Straits Settlements, with a view to maof king an agreement for securing the peace and tranquility the countries over which we govern, or which we represent. We give this paper as a token of our good faith, and prornise as follows: 2. We desire to live in peace in our own States, and to recognise Tuanku Antar as Ean Tuan of Sri Menanti, having authority over Sri Menanti, Johole, Moar,2 Jompole, Terachi, G u n o n gP a s s i r , a n d E e n a s . 3. Wepromise that we will in no way molest the neigh S bouring States, Rumbowe, unghie Ujong, and Jellabu, who do not desire to forn part of the confederation under the Eam Tuan Besar, and it is understood that these three States are whol1y distinct. 4. We promise that peaceful persons, whether Malays or Chinese or others, desirous of trading in our countries shall have fu1l liberty to do so, and shal1 be unmolested. 5. We further exprfess our regret at the late disturbances which have happened in the Nine States,J and we promise that those persons who have been friendly to the British G o v e r n m e n td u r i n g o r s i n c e t h o s e d i s t u r b a n c e s s h a l l b e i n no way molested. 6. And we agree that in case of any dispute or diffic u l t y a r i s i n g a m o n go u r S t a t e s w h i c h w e a r e u n a b l e t o s e t t l e , we will refer for advice to His Highness the Maharajah of Johore. 7 . W e a g r e e t h a t f r o m t h i s t i n e t h e E a mT u a n w i l l no other chop than one worded as follows:use

"Alwathick Birabil Ghafoor, Eam Tuan Tunku Antar Sri M e n a n t i e b n A l m u r h o mE a n T u a n R a j a h R a d i n , S o n a t , 1 2 9 3 . t l except on the present occasion, the chop not being ready. Mark of Mark of Mark of DATOJEMPOL DATOTERACHI Renresentative

PASIR of the DATOGUNONG

For footnotes see D.294

289

Mark of

Representative of the DATOINAS

Chop of the DATOULU MUAR C h o p o f the DAT0 JOHOL ANTAH, C h o p o f TENGKU Yang di-Pertuan Besar of Sri Menanti

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SRI MENANTI TREATY of 23 June, 1883 and Johol to Syed Hamid of Tampin4 Cession of Inas, Gemencheh ( T r a n sl a t i o n )

Tunku Antah agrees to hand over the a d m i n i s t r a t i o n o f and Johol to Syed Harnid, three States, namely Inas, Gemencheh sharing revenue equally after deduct ing e x p e n s e s o f t h e country.

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SRI MENANTI TREATY of March or Aprl1, Weld's First Treaty5

1886

A g r e e m e n t m a d eb e t w e e n H i s E x c e l l e n c y S i r F . A . W e l d , G.C.M.G., Governor and Connander-in-Chief of the Colony of the Straits Settlements and its dependencies on the one side and His Highness Tengku Antah Yam Tuan of Sri Menanti with the consent of (or in conjunction with) the Dato Penghulu of the States of Joho1, Inas, Moar, Jempol, Terachi and G u n o n gP a s i r o n t h e o t h e r . I. w The two Governrnents ill at all times cordially co-operde in the settlement of a peaceful population in their respective neighbouring territories and in the joint defence of those territories from external hostile attacks and in the nutual surrender of persons accused or convi-cted of any crime or offence under such conditions as nay be arranged between the two Governnents. I I . H i s H i g h n e s s t h e Y a mT u a n o f S r i M e n a n t i a n d t h e D a t o Penghulu of such States before named as may be concerned undertake, if requested by the Government of the Straits Settlements, to co-operate in making arrangements for facilitating trade and communication overland through their States. III. I t i s f u r t h e r a g r e e d b y H i s H i g h n e s s t h e Y a mT u a n o f Sri Menanti and the Dato Penghulu of the States above-named that should there be any occasion for any arrangement or correspondence with any foreign State it shall. be conducted through the British Government and that no grant or concess i o n s h a 1 1 b e m a d e t o o t h e r t h a n B r i t i s h C o m p a n i e so r p e r s o n s of the lulalay, Chinese, Indian or other Oriental races not being subjects of any non-Oriental nation without the assent o f t h e B r i t i s h G o v e r n r n e n to r i t s r e p r e s e n t a t i v e . IV. The Government of Her Majesty the Queen and Empress acknowledges Engku Muhamrnad, the son of Tengku Antah, to be h i s s u c c e s s o r a s Y a mT u a n o f S r i M e n a n t i a n d h i s l e g i t i n a t e successors after him.6

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of 4 June, 1887 SRI MENANTI TREATY Weld's Second TreatyT

Agreernent made this fourth day of June in the year of Our Lord one thousand eight hundred and eighty-seven (1887), betweenHis Excellency Sir Frederick Aloysius We1d,G.C.M.G., Governor and Commander-in-Chief of the Colony of the Straits Settlements and its dependencies on the one side, and His Highness Tengku Antah Yam Tuan of Sri Menanti with the consent of (or in conjunction with) the Dato Penghulu of the States of Johol, Inas, Moar, Jempol, Terachi and Gunong Pasir on the other. I. The two Governments ill, at all times, cordially w cooperate in the settlement of a peaceful population in and in the presertheir respective neighbouring territories, v a t i o n o f p e a c e a n d s e t t l e d G o v e r n m e n ti n t h o s e t e r r i t o r i e s and in the mutual surrender of persons accused or convicted of any crine or offence under such conditions as may be amanged between the two Governments. II. His Highness the Yam Tuan of Sri Menanti and the Datoh Penghulu of such of the States before-named as nay be concerned undertake, if requested by the Governor of the Straits Settlements, to co-operate in making arrangements for facilating trade and communications overland through their States. III. It is further agreed by His Highness the YamTuan of Sri Menanti and the Datoh Penghulu of the States abovenamed that should there be occasion for any arrangement or correspondencewith any Foreign State, it shall be conducted through the Governor of the Straits Settlements, and that no grant or concessions shall be made to other than British Compani.es r persons of the MaIay, Chinese, Indian or other o Oriental races, not being subjects of any Non-Oriental nations, without the assent of the Governor of the Straits Settlements. IV. The Government of Her Majesty the Queen and Empress, acknowledges Engku Besar Muhammad the son of Tengku Antah to b e h i s s u c c e s s o r a s Y a mT u a n o f S r i M e n a n t i a n d h i s l e g i t i nate successors after him. Seal and signature of F R E D .A . W E L D , Governor of the Straits Settlements

293

Witness J.F. DICKSON, Colonial Secretary of the Straits Sett 1ements Seal and signature of TENGKU ANTAH, Yang di-Pertuan Besar of Sri Menanti

Witness

M A R T I NL I S T E R , Superintendent of Sri Menanti

4th June 1887.

FOOTNOTES P r o v e n a n c e :M . & G . , p p . 6 0 - 6 f . A M a l a y v e r s i o n , i n t h e personal papers of Tunku Besar Burhanuddin (Arkib Negara Malaysia), is transcribed in Penin;jau Sejarah, II, i (Apri1 1967), PP.36-39. I.e. Ulu Muar, quite different from (and not even sharing a coinmon boundary with) the Johore sub-state of I'luar or Kesang-Muar. The disturbances of 1875; uid, C.N. Parkinson, British fnteruention in Malaya, Singapore, 1960, chapter xi. CO 273/I2I, encl. in Weld to COof 8 July 1883. The treaty was formalised rather more fu1ly in Ma1ay. As presented here it is merely an extract from Weldrs m e m o r a n d u mf t h e n e g o t i a t i o n s . o These were as follows: 8 June 1883 Weld sees Tengku Antah and refuses his offer to hand over Johol, Inas and Gemenchehin exchange for an allowance; 11 June 1883 Weld sees Syed Hamid and refuses to restore hirn to Rembau; 23 June 1883 Weld sees Tengku Antah and Syed Hamid together. They report that each has given the other a sealed document(of which D.F.A. Herveyrs translation is reproduced in the memorandurn) and ask for Weld's approval. The following exchange is reported: I'Governor: The proposal as I understand it is not that Tunku Antar should give up his right as Yam Tuan Besar but that Syed Hamid should be his Lieutenant administering his rights over these places. Tunku Antar s a i d , a n d S y e d H a m i d a g r e e d , t h a t t h e s e a r e

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his countries and wj-Il still be so; that he gives them 'He will be to his 'brotherr Syed Hamid to govern. under ne according to the o1d custom.r Syed Hamid: 'Yes, like the Governor and the Lieutenant Governor.| [ W e 1 dt h e n t e n t a t i v e l y a c c e p t e d t h e a r r a n g e nent provided] the rights of the Penghulus Iare] respected and the headmen and sukus consulted according to ancient custom.rr 5.
6.

CO 273/159, Weld to C0 conf. of 5 Apr. 1886. there shown is undated.

The copy

The C0 273/139 copy omits seals and signatures. Presumably, as in 1887, only Tengku Antah signed on the Malay side. CO 273/145, Weld to C0 conf. of 13 July 1887. This tine the copy is both dated and chopped and signed. A lr{a1ay version, in the personal papers of Tunku Besar Burhanuddin (Arkib Negara Ma).aysia), is transcribed tn Peninjau Sejaz,ah, II, 2 (Oct. 1967), pp.54-55.

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Note on the Sungei Ujong Treaties and Documents of 1874 (i 1877, 1878 (i & ii) and 1880 ii),

Sungei Ujong was the largest single State in the Negri Sembilan confederation and, during most of the nineteenth century, far the richest in terms of tin, with a considerable population of resident Chinese miners as early as 1830. The problems with which the British attempted to deal i.n the dethose cade after 1870 may be grouped under three headings: of power between the Chiefs, connected with the distribution those connected with the Linggi revenues, and those connected and it will be useful to consider with the Selangor border; briefly the background of each.l* The main dispute over the Chiefly powers was between the Dato Klana Petra (Dato Klana) and the Dato Shahbandar (Dato Bandar). In about 1849, if not before, they were apparently more or less coequal, since it was agreed in that year that each should get a third of the Linggi River shippiag dues and customs revenues, the remaining part going to the Dato Muda Linggi. Dato Bandar (Ahmad) Tunggal, who held the position fron 1849 to 1874, was an old-sty,le Chief of prowess who nanaged to retain virtual indepensome military dence of the Dato Klana for his territory on the middle Linggi (though not without some fighting) until 1872, when Syed Abdrl Rahman, who had powerful friends among the Malacca merchants, was elected Dato Klana. The position was complicated, however, by the position of the Yang de-Pertuan Besar of Sri Menanti, who claimed overlordship over the whole confederation, and after 1869 there were two claimants for this post, Tengku Antah and Tengku Ahmad Tunggal. The Dato Bandar did not recognise either, and the new Dato Klana was soon at loggerheads with Tengku Antah over the RembauPenghuluship. The question of the Linggi River dues was one which had long obsessed merchants in Malacca. The basic problem was that, whereas most river waterways through which tin was shipped out of the interior were squarely within one State (and so only taxed by the Ruler, or at least only by one set o f C h i e f s ) t h e L i n g g i t o u c h e d R e m b a ua n d p o s s i b l y S e l a n g o r as well as Sungei Ujong, and the multiplicity of Chiefs who claimed the right to exact dues on it affected the profits considerably. In 1833 Syed Shaaban, the Yam Tuan Muda of Rembau, had invaded Linggi, and peace did not return until he was driven out of both Linggi and Rembau (see Note on Rembau reaties of 1819, 1831, 1832 and 1833). T In 1873 the Dato Muda of Linggi's territory was once again invaded, this * For footnotes see p.300

296

time by the Dato Perba of Rembau (who was also one of the candidates for the vacant Penghuluship), Haji Sahil. Haji Sahil at this stage had the support of Yam Tuan Besar Antah, but his rival for the Penghuluship, Haj i Mustapha, was favoured by Syed Abdul Rahman, the new Dato Klana. The merc h a n t s o f l ' ' l a l a c c ap e t i t i o n e d S i n g a p o r e b u t O r d r s i n t e r v e n t i o n When Clarke arrived in Singapore, however, was ineffectual. hopes were raised again, and no doubt the Dato Klana hoped for a double victory, confirmation of his position and the defeat of Haji Sahil, when he sought the new Governor's aid. a Clarke first summoned ll parties concerned, but only Dato Klana (Syed Abdul Rahman) and the Dato Muda of Linggi appearWith them he signed an Agreement (First 1874 Sungei ed. U j o n g T r e a t y ) d e a l i n g , a m o n go t h e r t h i n g s , w i t h t h e o p e n i n g up of the Linggi River. Since neither Rernbau laimant parc ticipated and the Dato Bandar denied the Dato Klana?s right to commit Sungei Ujong on his own, its chances of success were slight. By thi-s time, too, there was a fresh complication: the Viceroy of Selangorrs claim that at least part of the Linggi was within the territory of his State. During the Selangor Civil War Tengku Ziauddinrs enemies, Raja Mahmud nd Raja a Mahdi,hadbeen using the Linggi as a back door through which they received supplies. Between 1870 and 1872 Ord held rather delicate discussioris on this natter with the Viceroy and the Chiefs of Sungei Ujong and Rembau, but these seem to have left the precise boundary unsettled. As the Viceroyrs position improved, he raised it once more and he too began to show interest in the Linggi revenues. Clarkers First Sungei Ujong Treaty purported to extend the boundary of Malacca very slightly so that it included the trouble-spot within British territory. But that Treaty was so worded as almost to defy plausible interpretation, and anyway, since it was not signed by anyone fron Rembau,let alone Selangor, and was repudiated by the Dato Bandar, was unworkable. In May the Governot himself came to the area: once again he met only the Dato Klana Syed Abdul Rahman, and although he succeededwith his aid in demolishing someof the offending Rembau arricades, he realised the impossibility of his preb vious policy. He therefore refused the Dato Klana's request for a British Resident, recognised Haji Sahil as Penghulu of R e m b a u ,a n d s e n t S w e t t e n h a ma n d P i c k e r i n g t o m e e t t h e D a t o Bandar. The Bandar was already incensed by Clarkers apparent recognition of the Dato Klanars right to sign a Treaty on behalf of Sungei Ujong earlier in the year. H e b e c a m em o r e

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openly defiant of Britain when Raja Mahmudand Raja Mahdi, both redoubtable warriors, sough refuge in his territory. In Novenber Pickering (who may not have been authorised to d o s o ) m a n a g e dt o g e t b o t h t h e D a t o K l a n a a n d t h e D a t o Bandar, as well as twelve other Sungei Ujong Chiefs, to sign a Treaty purporting to regularise the relationshi"p between the two; each was to consult the other "in every case and in every action'r, and if the Dato Bandar did not consult the Dato Klana his action would be invalid (Second 1874 What the Treaty did not specify was Sungei Ujong Treaty). what would happen if either party, having been consulted, failed to agree. Nevertheless it appeared to be a step forward. But alnost at once the Dato Klana, apparently with Pickering's encouragement,attacked the Dato Bandar, Pickering hinself then attacked and was seriously repulsed. the Dato Bandar and, with the help of reinforcements from Malacca, drove him into Selangor where he gave himself up tlis successor and was deposed and exiled to Singapore. d w a s H a j i A h m a db i n M o h a m m eA 1 i , a f r i e n d a n d a l l y o f t h e Dato Klana, who held the title until his death in 1928. During the 1874-1875 Sungei Ujong campaignCaptain Tatham was left with the Dato Klana as "adviser", and in D e c e m b e rC l a r k e a n n o u n c e d h i s a p p o i n t m e n t a s A s s i s t a n t R e s i Whether the Governor hoped, by calling dent, Sungei Ujong. him only I'Assistant Residentr', to mislead the Colonial Office into believing that Sungei Ujong was part of Selangor as Larut (which also had an Assistant Adviser) was part of Perak, or whether he had his doubts about Tathamrs suitabiAt any rate Murray was lity for the post we do not know. appointed ful1 Resident in 1875, although his authority was not based on any treaty but merely on the compliance of the l l a t o K 1 a n a , w h o s e s u p r e m a c yw a s n o w o n c e m o r e e s t a b l i s h e d . There appears to have been no 1ega1 basis for the position of the Resident until the Sungei Ujong State Council was formed in 1883. If relations between the Dato Klana and the Dato Bandar were at least temporarily settled, those between their State In 1875 various Chiefs a n d t h e Y a mT u a n B e s a r w e r e n o t . met to elect Tengku Antah as Yam Tuan Besar of the whole Negri Senbilan confederation. The Dato Klana, who opposed l him, failed to attend and the meeeting thereupon I'deposedithe Dato and replaced hirn with another. The British, who already h a d a R e s i d e n t a c c r e d i t e d t o S y e d A b d u l R a h m a n ,r e f u s e d t o accept his deposition. I n 1 8 7 5 a r r n e dd i s t u r b a n c e s b r o k e out afresh, and as a result of the defeat of Yam Tuan Tengku Antah by his opponents with British aid Dato Klana Syed

298

He was by now acAbdul Rahmanwas reconfirmed in office. c e p t e d a s U n d a n go f a l l S u n g e i U j o n g , a n d i n 1 8 7 8 h i s s e n i o rity to the Dato Bandar was confi-rmed when Murray set up a Chiefs t Council to help hin run the State whose rnembers ere w the Dato Muda Linggi and the Dato Bandar but not the Dato Klana who, however, had to approve the Councilrs decisj-ons Meanwhile as Ruler (second Sungei Ujong Treaty of 1878).2 the cession of Sinpang, the key trouble-spot in Linggi, to Malacca, which had been asserted in the First 1874 Treaty, w a s m o r e a p p r o p r i a t e l y s e a l e d ( S u n g e i U j o n g D o c u m e n to f 1 8 7 7 : cp. Second RembauDocument of 1877) . What remained to be settled was the Selangor Boundary. In May, I876, shortly after the completion of hostilities, a S e l a n g o r - S u n g e i U j o n g B o u n d a r y C o m m i s s i o nh a d b e e n s e t u p consisting of Selangor's Assistant Resident (Swettenham), the Sungei Ujong Resident (Murray) and the Surveyor-General of the Straits (Irving) but it ended in deadlock. Early in 1878, apparently under the compulsion of official "advicer', the Sultan of Selangor and the Undang (Dato Klana) of Sungei Ujong signed an agreernent whereby Selangor ceded Lukut and Sungei Raya to Sungei Ujong and received Rekoh and Labu in r e t u r n ( S u n g e i -U j o n g T r e a t y o f F e b r u a r y 1 8 7 8 ) . But this did not end the natter. For in 1846 Lukut had been granted in perpetuity by the then Sultan of Selangor to a Rhiau merchant, Raja Jumaat, in exchange for (financial) services rendered. The document, an unusual one, ran as foll.ows: "In the year 1262 on the 10th day of the month of Shaban at this time a document was made by IJis lt{ajesty the Yang di-Pertuan Besar of Selangor in the country of Malacca bestowj-ngto Raja Jumaat ibni Raja Jaafar of Rhiau the country of Lukut so far as Kuala Linggi for ever that Lukut is under the governnent of our son, Raja Jumaat, the same is to descend to the children and grandchildren of Raja Jumaat. It becamethe gift of us the Yang di-Pertuan that our heirs and successors are not to clairn it hereafter because it is thus in truth and in fact we have affixed our chop to this paper"J This documentwas later held to be ultra uiv,es on the grounds that no Sultan could nake such a grant beyond his own lifetime and that of the recipient. But meanwhile Raja Bot bin Raja Jumaat, the incumbent of Lukut in the 1870s, engaged a lawyer and contested the Selangor Sultants right to transfer his land to Sungei Ujong. He was joined in his protest by Raja Daud, whose clairns to be hereditary Chief of Sungei Raya appeared sonewhat weaker. Raja Bot

299

made clear his willingness to retire on pension provided he could preserve certain rights, and an agreement along these lines was eventually reached in 1880 (Sungei Ujong Treaty of 1880). A boundary was finally surveyed in 1885-1886. The Ruler of Negri Sembilan, however, was not altogether satisAs late as 1924 he petitioned fied with this arrangement. the British King about it in a visit to London, although without success.

FOOTNOTES Further reading: C.N. Parkinson, op. eit., ch. vii; J.M. Gullick, fndigenous PoLttieal Systems of Western Malaya, London, 1958, pp.78-80, and "Sungei Ujongrr, JMBRAS, XII, ii (1949); for the Simpangand the Linggi X River question see C.D. Cowan, Nineteenth Centuz,y Malaya, London, 1961, pp.40, 109-10, 192-97 tr 251. 2. This Chiefsf Council should not be confused with the time Sungei Ujong State Council which met for the first in 1883. See Gullick, Indigenous Political Systems, p.96 note.

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300

SUNGEIUJONG TREATY of 2I Apri.1 , 1874 Dato Klana's 0bligation regarding Sungei Linggil*

W h e r e a sd i s t u r b a n c e s h a v e a t v a r i o u s t i m e s e x i s t e d i n the territory of Sungie Ujong, and whereas certain evil-disposed persons, without colour of right, have at various times placed stockades on the banks of the River Lingie, and have there by force of arms prevented the free passage of peacefu1 traders with their merchandize up and down the said river, a n d w h e r e a s t h e B r i t i s h G o v e r n m e n ti s w i l l i n g , at the request of the Chief of Sungie Ujong, and for the protection o f t h e i n t e r e s t s o f i t s s u b j e c t s , f o r t h e a d v a n c e m e n to f trade, and for the prosperity of the said territory to extend its guarantee to the Government of the said territory: And whereas the recognized Chief of the said territory of Sungie Ujong has endeavoured to free the said river of such persons and their unlawful exactions and to that end has ordered a supply of warlike arms and ammunition now lying in Singapore uttdlr ernbargo:2 And whereas it has been represented to His Excellency the Governor of the Straits Settlements that the said Chief is desirous of again attenpting to free the said river, to the end that the trade therein may be restored and increased, and for this purpose has asked that the supply of arms and ammunition should be given up to hirn, to be taken to the said tenitory of Sungie Ujong, and the said Governor, while anxious to aid the said Chief in his own 1awfu1 purpose of clearing the said river from all impediments to free passage thereon, considers it necessary, before acceding to the request of the said Chief, as to the giving up to him of the said arns and amnunition, and extending to him the protection of the British Government, that there should be good and sufficient guarantees that the said arms and arununition should not be used for purposes dangerous to the peace of the said territory, and injurious to the interests of traders and others frequenting the said territory, a n d t h a t t h e G o v e r n m e n to f t h e s a i d t e r r i t o r y will be carried on by the said Chief and his officers, on principles of justice and equity, and that the lives and properties of such traders and persons shall be duly protected by the said Chief and his officers; And whereas the said Chief and certain of his officers are willing to enter into an obligation to that effect. Now these presents witness that we, whose names and seals are hereunder set, do acknowledgeourselves to be held and firmly bound to Her Majesty Victoria, of the United * For footnotes see p.313

301

Kingdomof Great Britai-n and Ireland, Queen, and so forth, in the penal sum of 50,000 dollars, to be paid to Her said Majesty, Her Heirs, and successors, for which paynent to be well and truly madewe bind ourselves and each of us our successors in office, and our and each of our heirs, executors, and administrators, and any one, two, or more of them. And, on the understanding that so long as the conditions of kept by the said Chief and this obligation are faithfully his officers the rnoral and material guarantee and protection of the British government will be accorded to thern to secure of the independence, peace and prosperity of the territoly Sungie Ujong. The condition of the above written obligation is such that if the said obligors and each of them, thej-r and each of their heirs and successors, shall in a1l things well and truly carry on the Government of the territory of Sungie Ujong, in so far as lies in the power of them, and each of them, on principles of justice and equity, and wiIl protect from injustice and oppression all persons frequenting the said territory and passing up and down the said River Lingie, peacefully engaged in their lawful avocations, and will keep the said River Lingie open to lawfu1 traffic and commerce, and wi1J. prevent any persons from interfering with the free passage of the river, and from exacting duties or taxes on the navigation of the said river, under any pretext or pretence whatever, other than the fair and reasonable duties put on the navigation of such rivers, and taxes originally for the protection and convenience of traders, by the authority of the recognised Chief of the said territory, and with the sanction and the approval of the Government of the Straits Settlements, and, on the requisition of the said Government will give up any offenders against the laws of the said Settlements who may have taken refuge in, or be found in, and will not give refuge to the enernies the said territory, of the British Government, or of States and Chiefs in a1liance with, and at peace with, the British Government, and will not perrnit such persons to forn or attempt to form expeditions, or to collect men or arms in the said tenitory o f S u n g i e U j o n g a g a i n s t t h e B r i t i s h G o v e r n m e n to r a g a i n s t the friends and al1ies of the British Government, and that they will give early and true information to the British G o v e r n m e n to f a l l e v e n t s o f p o l i t i c a l and mercantile importance happening in the said territory, and that the Station, D i s t r i c t o r S e t t l e m e n t a t S e m p a n g ,w i t h a l l t h e r i v e r b a n k o n b o t h s i d e s o f t h e R i v e r L i n g i e , f r o m S e m p a n ga s f a r a s PermatangPasir, shal1 be placed under the control, order, and direction of the British Government; then this obligation

302

to be void, otherwise to remain in full

force and effect.

Done at Governnent House, S i n g a p o r e , t h e 2 l s t d a y o f April , 1874, in the presence of His Excellency Sir Andrew C l a r k e , C . B ., K . C . M . G . , 6 c . , 6 c . , G o v e r n o r . Seal and Signature of Seal and Signature of SYEDABDULRAHT,IAN, Dato Klana of Sungei Ujong DATOI4UDALINGGI

303

of SUNGEIUJONG AGREEMENT 10 Novembep, I874 Dato Klana's Agreement with Dato-BandarS ( T r a n sl a t i o n )

The Land of Sungei Ujong, under the hereditary the Dato Klana Petra and the Dato Shahbandar. In the year I29I, on the 5th day of Shawwal.

rule

of

This docunent is to testify that I, Tengku Klana Petra Seyyid Abdul Rahmanconfirm the unanj-mousdecision of all hereditary chiefs of the ttso moieties of land and sea. Dato Raja and Dato Menika and Dato Peduka and Raja Hussin and Mentri and IrnarnPerang Haji Abu Bakar - the above mentioned have agreed, and confirmed the agreement with their sign manual before me; on ny side ny seal testifies with that of the Panglina Besar Ahmadbin Haji Moharnad A1i, the Shahbandar, who has hereditary powers based on the ancient rulings of the elders which may in no way be changed. F u r t h e r m o r e t h i s i s t o confirm my agreement with the Shahbandar that I shal1, in every case and in every action, consult the Shahbandar. The Dato Shahbandar shall also in every action consult me. Otherwise his action is invalid. This is the ruling of the elders on this point and this is how the Klana and Bandar shall rule the land. This is clearly set out by the decision of the elders which decision is attested by the following hereditary chiefs whose namesappear be1ow. This text Latif. Signature a n d S e a l o f Signature and Seal of Mark Mark Mark Mark Mark of of of of of DATO RAJA DATOI.CNIKA DATO PEDTJKA RAJA RUSSIN MENTRI was drawn and written by Haji Abdul Rauf bin

SYEDABDULRAHMAN, Dato Klana Petra AHMAD, Dato Bandar

304

Mark Mark Mark Mark Mark Mark Mark

of of of of of of of

IMAM PERANG HAJI ABU BAKAR DATO JUAN RAJA SULONG DATOLELA TO RAJA DI MUDAMOHAMAD TO MENJINDA PENGHULU DAGANG PAROI W.A. PICKERING 10.xi.I874

Witness

305

SUNGEI UJONG DOCUMENT 31 May, 1877 of Cession of Simpang4 ( T r a n sl a t i o n )

I Datoh Klana Petra Syed ABDULRAFMAN ALKADRIwho rule S u n g e i U j o n g a n d a l l i t s d e p e n d e n c i e sp r o c l a i m a s f o l l o w s : There is a piece of land under my jurisdiction ca1led Simpang, containing 94 acres 1 rood 4 poles as narked in the plan attached to this document.5 This piece of land I, of my own free wil1, cede to the Q u e e n t s G o v e r n m e n tH e r H e i r s a n d S u c c e s s o r s f o r e v e r t o b e under the jurisdiction o f t h e Q u e e n r s G o v e r n m e n tH e r H e i r s and Successors. Moreover no one in the future this niece of 1and. shall be able to claim

In token that this document is authentic put my chop and signature below. Written on the 31st May, 1877. Signature

and valid

A.E.H. ANSON, Officer Administering the Government of the Straits Settlements SYEDABDULRAHMAN, Dato Klana Petra of Sungei Ujong

Seal and Signature

306

SUNGEI TREATY of 10-15 February, UJONG First

1878

Boundary Treaty with Selangor6 (Trans lat ion)

This Agreement made between Sultan Abdul Samad Yangpart and Tunku Syed Abdul dipertuan of Selangor of the first RahmanDatoh Klana of Sungei tJjong of the other part.

Article

That by the advice of Captain Bloomfield Douglas, R.N.R. the British Resident of Selangor, the Sultan Abdul Sarnad Yang-dipertuan of Selangor for himself, and his son Raja Musa or whoever is installed as Sultan His Heirs and Successors, that fron this time all the land called Lukut which is now under the rule of Raja Bot and all the land ca11ed Sungei Raja which is now under the rule of Raja Daud and both of which are under the powers of the said Sultan Abdul Samad now have been granted to Syed Abdul RahmanDatoh Klana of Sungei Ujong his heirs and successors for ever. Article That by the advice of Captain MurraI, R.N., the British Resident of Sungei Ujong, Tunku Syed Abdul RahmanDatoh Klana of Sungei Ujong for himself his heirs and successors or whoever rules Sungei Ujong by the title of Datoh Klana that from this time all the land on the bank of the River Langat called Rekoh and all the land called Labu (but the Labu land is only as far as the boundary line which was already fixed by the Residents of Selangor and Sungei Ujong as per plan attached to this Agreement), now have been granted to the Sultan Abdul Samadof Selangor his heirs and successors for ever. Article iii

As witness to the said Agreement the Sultan Abdul Samad Yang-dipertuan of Selangor, and the Resident Captain Bloomfield Dounglas, R.N.R., have hereunto set their seals and hands in the presence of witnesses on the 15th day of February in the year One thousand eight hundred and seventy-eight.

307

Article

iv

As witness to the said Agreement of land the Dato Klana of Sungei Ujong and the Resident Captain Murray, R.N., have hereunto set their seals and hands in the presence of witnesses, on the 10th day of February, in the year one Thousand eight hundred and seventy-eight. Seal of Seal of Signature Signature Sultan ABDULSAMAD of Selangor SYEDABDULRAHMAN, Dato Klana Petra of Sungei Ujong. B. DOUGLAS, British Resident of Selangor P.J. MURRAY, British Resident of Sungei Ujong

308

SUNGEI UJ0NGTREATYof 3 May 1878 Agreement to set up a Chiefs I Council (Translation) 7

Truly a council has been set up by the government of Negri Sembilan in order to consider each and every affair of this State. Nowthe courcil consists of the Resident, the Dato Muda Linggi, the Dato Bandar Ahnad and two Kapitan China. Further this council sha11 sit each month and all matters there agreed shall be submitted to the Tengku Klana Petra for his approvaL. Written on the 3rd dav of Mav 1878.

Seal and signature

of

ABDULRAHMAN, Dato Klana P.J. I{URRAY, Resident of Sungei Ujong.

Seal and signature

of

309

SUNGEIUJONG TREATY of 31 JuIy-Z

August, 1880

Boundary Convention with Selangor, Lukut and Sungei Raya8

Approved. Signature FRED. A. WELD, Governor and Cornrnander in Chief of the Straits Settlements.

8 September, 1880

A convention nade at Singapore the thirty-first day of July One thousand eight hundred and eighty, through the nediation of His Excellency Sir Frederick A. We1d,K.C.M.G., Governor of the Straits Settlements, between the Sultan of Selangor of the first part, the Datoh Klana of Sungei Ujong of the second part, Raja Bot, son of the late Raja Jemaat formerly of Lukut of the third part, and Raja Daud, son of Raja Hussain of Sungei Raya of the fourth part. Whereas in terrns of an arrangement entered into between the Sultan of Selangor and the Datoh Klana of Sungei Ujong for the rectification of the boundaries between the States of Selangor and Sungei Ujong, it was decided, that the river and district known as Lukut (including Sungei Raya) as defined in the said arrangement did and should belong to, and be a part of Sungei Ujong: and whereas Raja Bot, son of Raja Jemaat, was the Ruler of the said territory of Lukut, and Raja Daud, son of Raja Hussain, was or clairned to be the Ruler of Sungei Raya, under the sovereignty of the Sultan of Selangor, and on the transfer of the sovereignty of the sai.d tenitory from the Sultan of Selangor to the Datoh Klana of Sungei Ujong the said Raja Bot has notified to the Governor of the Straits Settlements his desire to retire from his position as Ruler if suitable arrangements are made for the future maintenance and support of himself and those dependent on him, and the Governor of the Straits Settlements has communicated with the Sultan of Selangor and the Datoh Klana of Sungei Ujong, who have severally agreed to the arrangement hereinafter set out: Now therefore it is stipulated and agreed upon by and between the said four parties as follows:l. A sum of $f+,000 in cash sha11be paid to the said

310

Raja Bot from the revenues of Sungei Ujong on the signing of this convention. 2. A sumof $10,000 sha1l be paid to rhe said Raja Daud fron the revenues of Sungei Ujong in manner fo1 lowing: Ten Bonds of $1,000 each bearing interest at the r a t e o f s i x p e r c e n t . p e r a n n u mp a y a b l e b y t h e Government of Sungei Ujong and signed by Her Majestyrs Resident on behalf of the said Government of Sungei Ujong sha1l be given to the said Raja Daud on the signing hereof. A grant of a portion of land on the sea board of the territory of Lukut as delineated in the annexed plan and which is estinated to contain not nore than 3,000 English acres sha1l be gi_ven by the Government of Sungei Ujong to Raja Bot to hold to himself, his heirs and assigns for ever and free of all rents and payments to the said Governrnent other than such expolrt duties as may be at any time levied by the said Government on the export of the produce of lands in Sungei Ujong, but the persons living on or occupying the said lands shall be subject to the laws of Sungei Ujong and to such imposts and taxation as other persons living on or occupying lands in Sungei Ujong may from tine to tine be subject to. The house and premises with the surrounding land now occupied by Raja Bot in Lukut is hereby made o v e r t o t h e G o v e r n m e n to f S u n g e i U j o n g w i t h a l l houses, sheds, huts and other buildings and erections on the said land together with the fj_xtures thereon and by way of compensation for the same the Governnent of Sungei Ujong shall pay to Raja Bot the sumof $3,000.

5. The lands, tenements and hereditaments with the

appurtenances thereon now held by the persons being relations of or dependents of Raja Bot set out in the schedule annexed hereto shall be confirmed to then to hold the same as of the same tenure as they are now held on, and subject to the laws of Sungei Ujong in all respects as to the property and persons living on or occupying the same as other lands are held, and as other persons live on and occupy private lands in Sungei Ujong. 6 . The ground on which the late Raja Jamaat father

3ll

of the said Raja Bot was buried in Lukut together with such portion of surrounding ground as may be necessary for ornamenting or preserving the grave not exceeding two acres shal1 be granted by the G o v e r n m e n to f S u n g e i U j o n g t o t h e s a i d R a j a B o t and his heirs for ever to be preserved as the burial ground of Raja Jemaat, but without power to the said Raja Bot and his hej-rs to se11, mortg a g e o r o t h e r w i s e a l i e n a t e o r e n c u m b e rt h e s a m e . In consideration of the prenises, the said Raja Bot and the said Raja Daud hereby gj.ve up and renounce all claims which they or either of them may have had in any part of Lukut including Sungei Raya, whether as Ruler or proprietor of property or otherwise therein and admit that the of Lukut i-ncluding Sungei Raya now forms territory part of the State of Sungei Ujong subject in all respects to the laws and Government of Sungei Ujong as fully and effectually as any other part of the territory of Sungei Ujong. 8 . This Convention is hereby sanctioned by His Excellency Sir Frederick A. Weld, K.C.M.G., Governor of the Straits Settlements, as a fit and proper arrangement of the differences and difficulties existing in relation to the position of Raja Bot and Raja Daud in Lukut including Sungei Raya, and of the for the better securing the tranquillity State of Sungei Ujong and providing for the future welfare of Raja Bot and Raja Daud, and is signed and sealed by the parties thereto as fo1 lows : Signed and sealed by the Sultan of Selangor at Jugra on Sth August, 1880 in the presence of Witness B. DOUGLAS, British Resident, Selangor Signed and sealed by the Dato Klana Petra of Sungei Ujong at Sungei Ujong, August 24th, 1880, in the presence of Witness P. MURRAY, British Resident, Sungei Ujong.

Signature

ABDULSAMAD Seal of the Sultan of Selangor YUSUF9 Seal of Dato Klana Petra of Sungei Uj ong.

Signature

3t2

Signed and sealed by Raja Bot at Singapore on 31st Ju1y, 1880 in the presence of Witness JOHNBURKINSFLq,W, Advocate, Singapore

Signature

RAJA BOT BIN RAJA JUMAAT (in jaut script) Seal of Raja Bot

Signed and sealed by Raja Signature Daud at Singapore on 3lst July, 1880 in the presence of W i t n e s s C E C I L C L E M E N TS M I T H I Colonial Secretary, Straits Settlements

RAJA DAUD of SUNGEIRAYA Seal of Raja Daud of Sungei Raya

FOOTNOTES 1. 2. P r o v e n a n c e :M .q G . , p p , 3 7 - 3 9 . Before beconing Dato K1ana, Syed Abdul Rahmanhad ordered two brass field-guns and a hundred rifles fron London , but these had been impounded in Singapore ( P a r k i n s o n , p . 1 6 8 ; C o w a n ,p . 1 9 3 ) . A photocopy of the original of this treaty appears as an appendix to the Academic Exercise of T. Chel1iah, University of Malaya, Singapore, 1955, entitled "War i-n Negri Sembilan I874-1875". The translation was done for Mr Chelliah by Dr Josselin de Jong, then of the Department of Malay Studies in the same University and we are indebted to both for permission to reproduce it here. According to Gullick, "Sungei Ujong", JMBRAS, XXII, ii (1949), p.67, only another photostat copL and not the original, was in the possession of the Dato Bandar in that year. As often with Malay Treaties, there is somequestion about the date. The Sth of Shawwal1291 was 15 November 1874, not 10 November. There is somepossibility of fraudulence, since according to Parkinson (pp.176-7) Swettenham was sent back to Selangor on 15 Nov. and the Dato Klana attacked the Dato Bandar the following day. It is certainly uncharacteristic of Swettenham not to have signed as a witness had he been present. Yet the figures 10/),1/1874 appear quite clearly on the lefthand nargin opposite the eighth Chief's mark, and what appears to be 10/II/74 (but could, admittedly, be 1 5 / I l / 7 4 , t h e s e c o n d f i g u r e b e i n g s m u d g e d )i s i n s c r i b e d once more under Pickeringts own signature. Possibly

313

the first date (reproduced in Gutlick, op.cit. p.67) a gloss on the date inserted is a later interpolation, by Pickering which has been misread. 4. Provenance: Treat'tes and )thev, Papens...&c., 1888, p.3. The map, according to M.6 G. (following pore publication), was also signed. Provenance: Treaties 1888, p.8. and. )ther Papers... Singapore

the 1888 Singa&e., Singapore

6. 7.

The Malay (rurni) version, which the editors translate here, appears in J.M. Gullick, "Sungei Ujong", JMBRAS XXII, ii (i949), p.68, where he conments: 'rTheoriginal is in the possession of the present Dato Bandar. It bears the seal of Dato Klana Abdul Rahmanand of the Resident of Sungei Ujong and is signed by both. Despite the internal evidence that the text may not have been drafted by a Malay (possibly Captain Murray drafted it) it appears to be genuine. The Jawi is written with a practised hand." This Convention was published in the Straits Settlements publication Ireat'tes and other Papers ... &c., official Singapore 1888, pp.10-14. J.M. Gu1lick, "Sungei Ujong'r, JMBRAS XII, ii (1949) X p.34, gives c.1881 for the death of Syed Abdul Rahman and succession of Yusof as Dato K1ana. From this docunent it appears this rnust have taken place at least a year earlier.

314

Note on the Negri Sembilan Document of 1885 Governor Weld's cautious policy of expansion in the Negri Sembilan area has already been noted and will be remarked upon again (see Noteon Negri Sembilan Treaties of 1889, 1895 q 1899). r T h i s m e m o r a n d u me p r e s e n t s n o v e r y d e f i n i t e m i l e stone in Weld's policy but is typical of the sort of infornaIt is of some tion he supplied to London on the matter. interest that his successor thought it worth publishing in the collection of treaties and documentspublished in Singapore in 1888.

315

NEGRI SEMBILAN DOCUMENT 23 Decenber, 1385 of Weldrs Memorandum the Negri Sembilan and other small indeon

It is unnecessary for me to recapitulate the recent history of these States; the war and the occupation by British troops of Sri Menanti; their withdrawal and the recognition of Tunku Antah, who had opposed our forces, as Yam Tuan of the confederation; the rneeting I held at Bukit Putus; the little war between Haji Sael and Syed Hanid; the Rembautroubles and their settlement at the Conference of Malacca, when it was agreed that the States of Perak, of Selangor, of Sungei Ujong, of the Negri Sembilan should at aL1 times assist the Governor in maintaining peace and good order in any one of the Native States. My object in dealing with these independent States has been, whilst avoiding unnecessary interference, to promote order and give security for life and property; to uphold British influence as the leading Malay power, and as a consequence to develop the resources of the country and foster trade and commerce. These ends are now in a fair way of accomplishment. The old Rembaufeuds, and political and dynastic antagonisms are extinct, and the Government of the country appears to me, after careful personal investigation, to be well conducted by the present Datoh. I have, after patient enquiry and separate consultation with all parties, made an arrangement and diffewhich will finally put an end to the difficulties rences which have so long existed between Tunku Antah, the Yam Tuan of the Negri Sembilan confederation, and the Datohs a n d h e a d m e no f h i s S t a t e s . British influence is firmly established over countries in the aggregate three tines larger than the Malacca territory and possessing greater natural advantages, and the Chinese nerchants of MaTacca have, by a deputation, inforrned ne that already a beneficial influence is being fett in their trade, and that they look forward to greater results with much confidence if my policy is persevered in. The effect already produced by one road through Johol to Kwala Pilah on the Ulu Muar may be estimated by the fact that a coolie, before the road was made, charged $2.50 for carrying a load of tin from Kwala Pilah to the lulalacca front,ierrand that now the charge is reduced to $1. Equally satisfactory, is the result of the road-naking in Rembau. There * For footnote see p.319

3r6

is already much traffic over the excellent road from Linggi in Sungei Ujong to Lubok China in Malacca, where two years ago I walked through swampand jungle, and when the new road from Lubok China to Sungei Bharu is completed a few months hence, and a direct line to the town of Malacca is opened, traffic will very largely increase, this being a portion of the future highway through the Peninsula. Moreover, along this road, and also along the Rembau ridle-path, b leading from our frontier at Jiral Ganjei to the Datohts village, tapioca and gambier plantations are being formed on a large scale and the inpulse given to industry is very remarkable . In my recent journey, I entered the States at Tampin and traversed Tampin, Johol and U1u Muar to Kwala Pilah on the upper waters of the Muar River. This is the line of our main road. It has been well laid out and well executed. Its steepest gradient is 1 in 20. It is very much superior in that respect to the original main roads of Perak, of Selangor and of Malacca. It has been constructed at a reasonable cost; it is open for about twelve miles for cart a s f a r a s K w a l a T e m a n g- t h e D a t o h o f J o h o l r s r e s i traffic dence. The bridges and culverts are very substantial and made of the best timber procurable. Frorn Kwala Temang to Kwala Pilah there is a very good bridle-path 14 or 15 miles in length with only one considerable hill with a gradient of 1 in 20 in places. Kwala Pilah is on the Muar River, here about 20 yards wide at a distance probably of over 150 miles from its mouth. Boats formerly came up to Kwala Pilah, but some obstructions have been placed in the stream. A few miles lower down the river is the point at which its waters are only separated by a narrow space of land from the head-waters of the Sungei Hilir Serting, which is one of the head-waters of the Pahang River. This district, therefore, from its central position, is of great importance politically and commercially. Kwala Pi1ah, situated on the Muar, here the boundary between Muar and Jempol and near the tin nines of Beting and the newly found Jempol mines said to be very rich, must become a town o f c o n s e q u e n c ei n a f e w y e a r s , i f w e c a r r y o u t t h e p l a n s that I propose. My design in reference to this district is to place a Police Station at Kwala Pilah in order to afford the protection which the Chinese require before they will invest capital in the mines; to commence by making foot or bridle-paths to the mines, so as to give better access to them; to collect the tenths on tin at Kwala Pilah; and to receive the opium and farm revenue. The Collector will also

3t7

assist in settlj.ng disputes and administering justice. The allowance to the Raja (Yan Tuan) of the State and to the Datohs and headrnenin proportion to their constitutional and customary rights will be paid out of the revenue. They will be but very moderate for the present as only a very snal1 revenue can be counted on, but the YarnTuan and the Datohs and headmenhave given a hearty concurrence to all these arrangements. At present revenues are irregularly collected justice i.s and go to the strongest irrespectively of right; badly administered; and the relations of the YamTuan and the Datohsr States and their people are strained and highly unsatlsfactory. It is to put an end to this state of things, and induce capital to be invested in the country, that I have been unanimously requested to take the arrangenents of these matters into my hands, and there is every ground for belief that if this be done, another year will see a substantial increase to the revenue, and that three years hence the S t a t e s w i l l b e s e l f - s u p p o r t i n g a n d m a y c o n m e n c et o p a y i n terest and gradually to repay the loan. To enable me to carry out these views - to maintain the up-keep and the slight extension of roads I have indicated for the Police Station at Kwala Pilah, for superintendence of roads and administration and police where revenue is insufficient, I propose to ask the Legislative Council for a loan of $15,000 which is the snallest possible sum required, and which does n o t p r o v i d e f o r a P o l i c e S t a t i o n a t K w a l a T e m a n gi n J o h o l , which is asked for by the Datoh and is much needed, nor any extension of cart-road or extendedmetalling. Speaking in round numbers, the revenue to be collected by us for Ulu Muar, Terachi, Jempol and and Gunong Pasir il&L at present rates, be estimated at about $2r000, and the allowances to the Yam Tuan of Sri Menanti to the Datohs and Lembagasto a sornewhatsrnaller sum, but it may be assumed as certain that as soon as the bridle-path is extended to the mines, the revenue will largely increase. I propose to spend about $12,600 in up-keep and extension of roads. Added to which, there will be the cost of construction of a Police Station at Kwala Pilah, the salaries of the police, the expense of collection, and of the Resident Councillor's visits, making up the sum asked for to $15,000. It will be observed that I do not propose to collect revenue in Johol, Tampin and Renbau, as the same reasons the do not exist for doing so as in Sri Menanti proper, nor do I propose now to collect the small dues, which could not be done without a considerable staff, and would not probably repay the cost of collection at present.

318

I was very much pleased with the country through which I passed during my tour. The Chiefs and people were exceedingly cordial and friendly, and the country itself has great In extent it is about three tirnes the size capabilities. of the Province of Malacca, to which it appears to be generally superior in quality of soil, which is in places exceedingly rich. In Sri Menanti more especially there are magWater-wheels are frequently nificent stretches of padi-1and. Buffaloes abound in Sri used for purposes of irrigation. Menanti. I saw splendid specimens of go1d, but as yet no mines are known to be rich enough to repay European labour. Tin in Jempol is said to be very rich, and Chinamen only wait ti11 the steps I now propose are taken to introduce capital and labour into the country. I regret very much that I have been unable to visit Jelebu, but I have received the most satisfactory accounts Its revenue for 1886 is of its prospects and progress. estimated at $5,055. The expenditure will probably exceed it by about $5,000, which sum I propose to ask the Council It is expected that the State wj-1l be to grant as a 1oan. a b l e t o c o m m e n c eo p a y i n t e r e s t i n 1 8 8 7 , l a n d h a v i n g b e e n t taken up both by Europeans and Chinese, and the tin mines being undoubtedly rich. Signature F R E D .A . W E L D , Governor

FOOTNOTE 1. Treaties and other. papers eonneeted uith the Natiue States of the MaLay Peninsula, Singapore, 1888. This memorandumas enclosed in Weldrs despatch to the w C.0., 26 Dec. 1885, CO 273/136.

319

Notes on the Negri-Sembilan Treaties of 1889, 1895 and 1898

Governor We1d, with the approval of the Colonial Office, formulated a policy of trying, bI cautious steps, to federate all the minor States of what is now Negri Sembilan so that they should make a single whole of approximately cornparable population to Perak and Selangor; and he hoped to bring this about before his retirement. The Sri Menanti Treaty of 1887 was, however, as far as he got, and it was left to his successor, Clementi Smith, to persuade the ruling chiefs of Rembauand Tampin, without accepting the general overall s u z e r a i n t y o f t h e Y a mT u a n B e s a r o f S r i M e n a n t i , t o j o i n i n a confederation with those States which did, to be known as Negri Sembilan, in 1889. This brought together, as well as Rembauand Tampin, Johol (now including Gemencheh), fnas, Ulu Muar, Jempol, Gunong Pasir, Terachi and Sri Menanti itself:nine States in all. The Agreement,which was signed by Smith, the Yam Tuan Besar Tengku Muhammad bin Tengku Antah (who had secceededhis father, as specified in 1887 Sri Menanti Agreementbut without a meeting of, or election by,the Undangsof Negri Sembilan), the Dato Penghulu of Joho1, Syed Hamid of Tampin and the Dato Sedia Raja of Rembau, provided for British protection and the acceptance of a British Resident. It also stipulated that no Ruler should 'rexercise any other power or authority in respect of a n y S t a t e t h a n t h a t w h i c h h e n o w p o s s e s s e s .I ' The Colonial O f f i c e r e c o m m e n d e dt , i n t h i s r e s p e c t i n p a r t i c u l a r , i as a model for the 1895 Federation Agreementbetween Perak, Selangor, Negri Sembilan and Pahang. W h a t w a s t o b e c o m et h e p r e s e n t N e g r i S e m b i l a n w a s a t this stage divided for administrative purposes between two units, Sungei Ujong and Jelebu cornprising one and the rer n a i n d e r , t h e 1 8 8 9 o r I ' o 1 d r tN e g r i S e m b i l a n , t h e o t h e r . Each had a State Council and a British Resident. In 1895 these two units were linked when Sungei Ujong and Jelebu acceded to the existing confederation, again without accepting the o v e r a l l s u z e r a i n t y o f t h e Y a mT u a n B e s a r , a n d o n t h i s o c c a sion the agreernent, which provided for a single Resident whose advice must be followed on all matters other than those touching the Muslim religion, was signed or sealed by the YamTuan Besar, the Dato Penghulu of Johol (on behalf of the smaller States), the Dato Bandar-of Sungei Ujong (both in his own right and, on another date, as Acting Dato Klana the actual Dato Klana being a minor), Syed A1i the rrRuler't of Je1ebu, and the Dato Sedia Raja of Rembau. No representative of Tampin signed, although the State was specifically mentioned in the agreement, and its Tengku Deua

320

signed the pears that signatures which they

And it ap1895 Federation Agreement in July. in collecting the other there was sone difficulty judging by the long periods between the dates on a r e r e c o r d e d ( N e g r i S e m b i l a n A g r e e r n e n to f 1 8 9 5 ) .

In 1898 the position of the YamTuan Besar of Sri Menanti, Tengku Muhanmad bin Antah, was regularised throughout the entire new confederation by an agreement (to which Britain was not formally a party) between him on one side and on the other the Dato Klana and Dato Bandar of Sungei Ujong (the Dato Bandar being Undang but as he was stil1 a ninor the Dato Klana signed for him), the Ruler of Jelebu, These the Dato of Johol and the Dato Sedia Raja of Renbau. four were described as the Undnngs (Lawgivers) and as the appropriate people to elect a new Yam Tuan Besar according (They did not, it may be noted, to the 1773 constitution. include the chief of Tanpin who was hinself of Yam Tuan bin Antah as Raia origin.) They accepted Tengku Muhamnad of the country but stipulated that he should be neither head of the Muslim religi-on in their own areas (as other Malay Rulers were throughout their States) nor entitled to interfere in matters of Customunless appealed to by the As regards the succession, concerned. Undangof the district the Undangs should elect future Yam it was stipulated that Tuans, a reversal of the arrangenent made, for the special 1887 Agreement case of Yam Tuan Tengku Muhammad, by Britainrs with Sri Menanti. D e v e l o p m e n t sb e t w e e n 1 8 8 7 a n d 1 8 9 8 a n d r e f l e c t e d i n these agreements left Negri Sembilan in a unique position a m o n gt h e W e s t M a l a y s i a n S t a t e s . It had a single Ru1er, the Yang di-Pertuan Besar or Yan Tuan Besar of Negri Senbilan, but he was neither head of religion nor supreme in most secuIar matters, having to share power with the Undangs. The Undangs and the Tanpin Chief were to si-gn future treaties. And there were several disputes over successions to all o f f i c e s o r o v e r t h e c l a i r n s o f t h e Y a mT u a n t o c a l l h i m s e l f S u l t a n , c l a i m s w h i c h t h e U n d a n g sa n d t h e B r i t i s h f i r r n l y d i s a11owed.1

FOOTNOTE G D / C , 7 5 o f 1 9 0 9 , A n d e r s o nt o C O , 2 S e p t . 1 9 0 9 ; C O 7 I 7 / 4 7 , s e v e r a l f i l e s r e g a r d i n g t h e Y a mT u a n ' s i n t e r v i e w with King George V in London, 1924.

321

N E G R IS E M B I L A N R E A T Y f 1 3 J u l y , T o First

1889

Confederation Agreement (Sri Menanti, Joho^,

Agreementbetween the Governor of the straits settlenents acting on behalf of Her Majesty's Governnent and the Rulers of certain Malay states hereinafter called the Negri sembi1an. I. In confirmation of various previous written and unwritten Agreements the yam Tuan Besar of sri Menanti together with the Rulers of the following states under his jurisdiction, namely, Johol (including Gemencheh), nas, U1u I Muar, Jempol, Gunong Pasir and Terachi, the Ruler of Tampin and the Ruler of Rernbau hereby place themselves under thb protection of the British Government. I I . T h e a b o v e - m e n t i o n e dR u l e r s o f t h e r e s p e c t i v e s t a t e s hereby agree to constitute their countries into a confederation of states to be known as the Negri sembilan, and they desire that they nay have the assistance of a British Resid e n t i n t h e a d n i n i s t r a t i o n o f t h e G o v e r n m e n to f t h e s a i d Confederation. III. It is to be understood that such arrangement as is now agreed upon does not imply that any one Ruler should exercise any other power or authority in respect of any state than that which he now possesses. In witneis whereof the said Governor Sir cecil c. smith and the said yam Tuan Besar of sri Menanti, the Dato of Johol, Ungku Seyed Hamid of Tampin a n d t h e D a t o o f R e m b a u ,h a v e s i g n e d t h i s A g r e e n e n t t h e 1 3 t h day of July, the year of christ one thousana eight hundred and eighty-nine, answering to the 15th day of Zulkaadah the year of the Hedjira one thousand three hundred and six. Signature C E C I L C L E M E N TS M I T H , I Governor of the Straits

Settlements

Wi.tness A.M. SKINNER, Acting Colonial Secretary, straits settlements Seal of TENGKU MUHAMMAD, Yang di-Pertuan Besar of Sri Menanti For footnotes see p.327

322

Witness

MARTINLISTER, Superintendent, Negri Senbilan S e a l o f the DAT0 PENGHULU of JOll0L

Witness

MARTINLISTER Seal of (Tengku)' SYEDHAMID of TAMPIN Seal of DATOSEDIA RAJA of REMBAU

Witness A. HALE, Magistrate, Tampin

323

NEGRI SEMBILAN TREATY of 8 August, 1895 Second Confederation Agreement (Sri Menanti , J e l e b u , Johol, Rembauand Sungei Uj ong)

Agreementbetween the Governor of the Straits Settlenents a c t i n g o n b e h a l f o f H e r M a j e s t y r s G o v e r n m e n ta n d t h e R u l e r s of certain Malay States hereinafter ca11ed the Negri Sembilan. In confirmation of various previous written and unwritten agreements the Yam Tuan Besar of Sri Menenti together with the Ruler of Johol, the Rulers of Sungei Ujong, Jelebu, Rembauand Tampin hereby severally place thenselves and their States under the protection of the British Governrnent. 2 . T h e a b o v e - m e n t i o n e dR u l e r s o f t h e r e s p e c t i v e S t a t e s hereby agree to constitute their countries into a confederation of States to be known as the Negri Sembilan, and they desire that they may have the assistance of a British Resident in the administration of the Government of the said confederation and they undertake to fo11ow his advice in all matters of administration other than those touching the Mohammadan religion. 3. It is to be understood that such arrangement as is now agreed upon does not imply that any one Ruler should exercise any other power or authority in respect of any State than that which he now posseses. In Witness whereof the said Governor Lieutenant-Co1onel S i r C h a r l e s B u 1 1 e nH u g h M i t c h e 1 l , G . C . M . G . a n d t h e s a i d Y a m Tuan Besar of Sri Menanti together with the Ruler of Johol, and the Rulers of Sungei Ujong, Jelebu, Rembauand Tampin have signed this agreement dated the 8th day of August4 the year of Christ one thousand eight hundred and ninety-five answering to the sixteenth day of Safar the year of the Hedjira one thousand three hundred and twelve. Seal and Signature of Witness S I R C H A R L EB . H . M I T C H E L L , S Governor of the Straits Settlements

S CLAUD EVERN, Governorrs Private Secretary DATOBANDAR AHMAD of SUNGEIUJONG S Y E DA L I o f J E L E B U

Seal and Signature of Seal and Signature of

324

Witness

ARTHUR . KEYSER L

30th June, 1895 Mark of Witness DATOof JOHOL LEOPOLD CAZALAS DATOSIRUN of REMBAU

Seal and Signature of Seal and Signature

of MUHAMMAD ANTAH, BIN Y a n g d i - P e r t u a n B e s a r o f SRI MENANTI

20th June, 1895 Witness Signature M A R T I NL I S T E R DATO BANDAR AHMAD, Acting DATOKLANAof SUNGEIUJ0NG

Wi-tness HARVEY CHEVALLIER

325

N E G R IS E M R I L A N R E A T Y f 2 9 A p r i 1 , T o Final

1898 Besar5

Treaty of Confederation under Yang di-Pertuan ( T r a n sl a t i o n )

Now in all truth We, the Yang di per Tuan, Muhammad, C.M.G., the son of the late Yang di per Tuan Antah, have nade an Agreement with the Four Lawgivers. I. The Dator Klana Petra and the Dato' Bandar of Sungei Ujong. II. T h e D a t o r M e n d i k a M e n t r i A k h i r Z a m a nS u l t a n of JeIebu. The Dator Johan PahlawanLela Perkasa Setiawan of Johol.

III.

IV. The Dator Sedia Raia of Renbau. l. Where We and the Four Lawgivers and the British Resident have bound together the Constitution and Customs of the Country and the heritage of our ancestors of o1d time as is related hereunder: 2. Now the Four Lawgivers return to elect Us to be Raja of the Negri Sembilan in accordance with our ancient constitution. 3. Now that We have been installed as Raja of the Negri Sembilan We, according to the oId Constitution, cannot interfere in the Customs of the Country or in Muhammadan Law and every matter that arises in each State is to be settled in consultation with the British Resident of the Nesri Sembilan and is not to be subject to our Cornmands. 4. If any difference of opinion arises between one Lawgiver and another as to the boundaries of their States and if either Lawgiver appeals to Us by presenting himself before Us then We are bound to interfere and to settle the matter with justice, but if the officers of the Four Lawgivers or their subjects come to present themselves before Us to rnake conplaint or petition Us in writing We sha1l not in future entertain their cornplaints. 5 . W h e nt h e f e s t i v a l s o f H a r i R a y a a n d H a r i R a y a H a j i are celebrated according to ancient custom, the Four Lawgivers

326

will not cometo present themselves before Us at Our Astana at Sri Menanti, but will each celebrate his own festivals, according to ancient custom, in his own state - always provided that, on great occasions such as Ceremoniesof Marriage or Circumcision, if We invite the Four Lawgivers they shall carry out Our wishes in their entirety, 6. In the event of the Death of the Yang di per Tuan, the Four Lawgivers shall bring as an offering money in such amounts as is befitting, s u c h m o n e yb e i n g v o t e d b y t h e Governrnent of the Negri Sembilan. Moreover the Four Lawgivers in c,onjunction with each other and with their hereditary officers sha11 Elect one of the royal princes and instal him as Yang di per Tuan in the same manner and in accordance with the Customs and Constitution under which the former Yang di per Tuan was installed. BE IT SO. Written on the 29th day of Apri1, 1898, that is on the 8th day of Zil-haijah, 1315.

FOOTNOTES 1 z C O 2 7 3 /1 6 1 , C l e m e n t i S m i t h t o C 0 , 3 0 S e p t . 1 8 8 9 . The titles of the Tampin Rulers were changeable, even by Negri Sembilan standards. Syed Hamidrs father, Syed Shaaban, called himself Syed or Sharif indifferent1 y : S y e d H a r n i dh i - m s e l f i s h e r e r e f e r r e d t o i n t h e t e x t as Engku but signed as Tengku. Eventually the title Tengku Dewa (1895) or Tengku Besar (1945) was settled on. P r o v e n a n c e :M . G G . , p p . 6 4 - 6 5 . The dates when the Treaty was signed are far frorn clear. Presumably the Dato Bandar Ahmadts first signature and that of the Ruler of Jelebu were witnessed on 30 June in one place and those of the Rulers of Johol and Rembau (who were already within the Negri Sembilan Confederation) and that of the Yam Tuan, on 20 of June in another: then it was decided that the Dato Bandar rnust sign again on behalf of the Dato Klana, and Mitchell finally signed on 8 August. P r o v e n a n c e :M . & G . , p p . 6 5 - 6 6

3.
1..

327

Note on the Negri Sembilan Treaty of 1945

For some more general observations upon the MacMichael Treaties, see Note on Johore Treaty of 1945 (p.117). MacMichaelhimself reported a "preliminary undercurrent o f a n t a g o n j - s m "t o h i s p r o p o s a l s i n N e g r i S e m b i l a n , w h i c h h e visited a little later than anticipated because of the necessity of waiting for a new Undangof Jelebu to be elected: according to him the Yang di-Pertuan Besar was rrreluctant to commit himself at all, and it was only through the intervention of the senior Undang, the Dato Klana of Sungei Ujong, that he was persuaded to signifl, his acceptance of the new policy.fr A c c o r d i n g t o t h e Y a mT u a n , h o w e v e r , t h e D a t o K l a n a 'rwas brought protesting from his deathbed" (a statement which the British official concerned, J.M. Gullick, strongly den i e d ) a n d r r w a ss o i 1 1 t h a t h e w a s p r e p a r e d t o d o o r s i g n a n y thing so as to have the peace which we all need under these circumstances.r' T h e D a t o J e J . e b u , a c c o r d i n g t o t h e Y a mT u a n , opposed the Union but regarded it as a fait acconrpli and said it would make no dlfference whether the document was signed or not. The Dato Johol was described as very old and almost illiterate and said only imperfectly to have understood the whole proceedings. And the Tengku Besar of Tarnpin, being a ninor, was represented by his sister who "did what she was
to ldrt . r

FOOTNOTE S e e J . d e V . A l 1 e n , T h e l 4 a L a y a nU n i o n , N e w H a v e n , 1 9 6 7 , pp.160 & I7I-72.

328

T o N E G R IS E M B I L A N R E A T Y f 1 4 N o v e n b e r , 1 9 4 5
MacMichael Treatyl

A g r e e m e n t b e t w e e n H i s M a j e s t y ' s G o v e r n m e n tw i t h i n t h e United Kingdom of Great Britain and Northern Ireland and the State of Negri Sembilan. W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s B r i t a n n i c Majesty and His Highness the Yang di-Pertuan Besar and the known as the Rulers of the States which form the territory Negri Senbilan: And whereas it is expedient to provide for the constitutional developnent of the Malay States under the protection of His Majesty and for the future government of the State of Negri Senbilan: It is hereby agreed between Sir Harold MacMichael, C.G.M.G., D.S.0., Special Representative of His lulajestyrs Government within the United Kingdom of Great Britain and Northern Ireland on behalf of His Majesty and His Highness T u a n k u A b d u l R a h m a n ,K . C . M . G . , i b n i a l - M a r h a m Y a n T u a n Muhammad and the Rulers of the States which forrn the territory known as the Negri Sembilan for themselves, their heirs a n d s u c c e s s o r s :His Highness the Yang di-Pertuan Besar and of the States forming the territory of the Sembilan agree that His Majesty shall have power and jurisdiction within the State of Sembi1an. the Rulers Negri full Negri

Save in so far as the subsisting agreements are inconsistent with this Agreement or with such future constitutional arrangements for Malaya as may be approved by His Majesty, the said agreements shal1 remain of ful1 force and effect. Signed this 1 4 d a y o f N o v e m b e r1 9 4 5 H.A. MACMICHAEL, Special Representative of the British Government

Signature

Witness H.T. BOURDILLON For footnotes see p.330

329

Signature Witness Signature Witness Signature Witness Signature Witness Signature Witness Signature Witness

YANGDI-PERTUA,\BESARABDLJL RMNAN of NEGRI SEMBILAN TENGKU ASIR N DATOKLANAPETRAof SUNGEIUJONG2(in jaui script) TENGKU JAAFAR SHAHMARUDDIN, DATOPENGHULU JELEBU of MENDIKAMENTRIAKHARZAI\,IAN TENGKU HUSSAIN PAHLAWAN DATO PENGHULU JOHOL, JOFLAN of (in jaui script) LELA PERKASA SETIAWAN TENGKU HUSSAIN D. HIPAP, DATOPENGHULU REMBAU, of LELA MAHARAJA TENGKU USSAIN H TENGKU SHARIPAH LOYAH, Acting Besar of Tempin TENGKU NASIR

FOOTNOTES A copy, on which is noted that l'lajor Leonard Owen, Notary Public, England, checked it and confirned that it was an exact copy of the original, is in the Malaysian National Archives. 2. At the time of the signi-ng J.M. Gullick submitted to W. Linehan (then constitutional adviser to the Malayan Union Governrnent) a memorandurn suggesting that, in view of the 1874 and 1878 Agreenents between the Dato Klana and Dato Bandar, and notwithstanding the events of 1895, it was necessary for the Dato Bandar to give his consent to the signing of the Treaty, though not necessarily to sign it hinself (which was the claim of the Dato Bandar himselfl. Linehan conmented, perhaps rather tendentiously, that a real Malay scholar would recognise that the word mu.ahfat (muahfakat) appearing in the 1874 document does not mean consent but only eonsultation and the Dato Bandarrs claims were overruled (J.M. Gullick personal to Allen of 26 Jan. 1969).

330

Note on the Negri Sembilan Treaty of 1948

As the result of Malay opposition to the Malayan Union schene and the MacMichael Treaties the Brlti-sh entered into negotiations with the Rulers and the leaders of IJMNO. These discussions went through several stages between July 1946 and early 194B, and, although certain N{alay radical and nonMalay groups condemnedas undemocratic both the consultative process and the constitutional proposals, it was decided:( i ) t o r e v o k e t h e l u l a l a y a nU n i o n O r d e r i n C o u n c i l , 1 9 4 6 , ( i i ) to replace the MacMichael Treaties by State Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His Majesty) on 2I January - the day which also saw the conclusion of the Federation of Malaya Agreement(see p.100). of the Crown Under these State Agreementsthe jurisdiction affairs and defence. However, the was confined to external to accept the advice of British Malay Rulers were still bound was adopted by the principal Advisers (note: the sametitle posted to the Malay States) 'ron all matters British officj-als connected with the government of the State other than matters relating to the Muslin Religion and the Custom of the Ma1ays". In addition Their Highnesses were now subjected to written (Council of constitutions which provided for a legislature State) and an Executive Council in each State. Up to this Trengganu had possessed written constitine only Johore and t u t i o n s ( s e e J o h o r e D o c u r n e n to f 1 8 9 5 , p . 7 7 a n d T r e n g g a n u Document f 1911 p.474), o

331

NEGRI SEMBILAN TREATY of 21 January, 1948 -* State Agreement revoking the MacMichael Treatyr day of January, 1948, Agreementmadethe twenty-first b e t w e e n S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . M . G . , D . S . 0 . , 0 . B . 8 . , N{.C., on behalf of His N{ajesty and His Highness Tuanku Abdul Tuanku Muharunad, of the State of Negri Rahrnanibni A1-lt{arhom Sembilan, Yang di-Pertuan Besar and Ruler, Knight Conmander of the li{ost Distinguished Order of St. Michael and St. Geolge, Kassin bin Dator Ni-ka Haji and Datot Klana Petra lt{ohamad Abdul Rashid, Undang of Sungei Ujong, Dator Mendika }lentri Akhirzaman Shahmaruddin bin Abdul-rahrnan, Undang of Jelebu, Dator John Pahlawan Lela Perkasa Setiawan Abdul l{anap bin j T o 1 o k , U n d a n g o f J o h o l , D a t o ' L e l a l v l a h a r aa H a j i I p a p b i n Abdul1ah, Undang of Renbau and Tengku Syed ldrus bin Tengku Syed l"lohamad,Tengku Besar of Tampin, for Themselves and Their Successors: W h e r e a sm u t u a l a g r e e n e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness the Yang di-Pertuan Besar and the Ruling Chiefs of the territories which form the State known as Negri Sembilan: A n d w h e r e a s i t h a s b e e n r e p r c e s e n t e dt o H i s M a j e s t y t h a t fresh arrangements should be nade for the peace, order and good governnent of the State of Negri Sernbilan: And whereas His lvlajesty in token of the friendship which he bears towards His Highness the yang di-pertuan Besar and the Ruling Chiefs of the State of Negri Sembilan, the subjects of His Highness, and the inhabitants of the State of Negri sembilan, is pleased to make fresh arrangements to take effect on such day as His Majesty may by Order in Council appoint (hereinafter called t'the appointed day"): And whereas it is expedient to provide for the constitutional development of the state of Negri sembilan under the protection of His Majesty and for its future government: Now, therefore, Short title and commencement. it is agreed and declared as follows:

1. This Agreementnay be cited as the Negri Senbilan Agreenent, 1948, and shal1 come into operation on the appointed day immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day shall be published

For footnote see p.339

332

in the Malayan Union Gazette together with a copy of this Agreement. Interpretation 2. In this Agreement: 'rEnactnentrf neans any law enacted by His Highness with the advice and consent of a Council of State constituted in accordance with this Agreement; trFederal Governmentrrmeans the Gover:rment of the Federation; 'rthe Federationtr means the Federation of Malaya to be ca11ed in Malay rrPersekutuan Tanah Melayu", which is to be established on the appointed day; ItFederation Agreement" means the Agreement which is to be madebetween His Majesty and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Senbilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendment thereof; "the High Commissioner" means the High Commissionerfor the Federation; "His Highness" meansthe Yang di-Pertuan Besar and Rulel of the State of Negri Sembilan and His Successors and (except in Clauses 6, 11 and 15) the Ruling Chiefs and Their Successors: "His Highness in Council'r meansHis Highness the Yang di-pertuan Besar acting after consultation with the State Executive Council to be constituted in accordance rvith this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; 'rluakrr meansthe area ruled respectiveJ.y by each of the Undangs, that is to say, the U n d a n g so f t h e L u a k s o f S u n g e i U j o n g , J e l e b u , Johol and Rembau; "Ruling Chiefs" neans the Dator Klana Petra Undangof the Luak of Sungei Ujong, the Undang of the Luak of Jelebu, the Undang of the Luak of Johol, the Undang of the Luak of Rembau, and the Tengku Besar of Tampin;

333

'rSecretary of State" means one of His Majestyrs Principal Secretaries of State; "Undang" meansone of the Ruling Chiefs excluding the Tengku Besar of Tampin; Protection and external affairs. 3. (1) His Majesty sha11 have conplete control of the defence and of all the external affairs of the State of Negri Sembilan and H i s M a je s t y u n d e r t a k e s t o p r o t e c t t h e Government and State of Negri Sembilan and al1 its dependencies from external hostile attacks and for this and other similar purposes His Majestyrs Forces and persons authorised by or on behalf of His Majesty's G o v e r n m e n ts h a 1 1 a t a l l t i m e s b e a l l o w e d free access to the State of Negri Sembilan and to employ all necessary means of opposing such attacks. ( 2 ) H i s N ' l a j e s t yu n d e r t a k e s t h a t , w i t h o u t t h e k n o w l e d g ea n d c o n s e n t o f H i s M a j e s t y r s Government,he will not make any treaty, enter into any engagement,deal in or correspond on political matters with, or send envoys to, any foreign State. Bri ti sh Advis er . 4. His Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on a1l matters connected with the government of the State other than matters relati.ng to the Muslim Religion and the Customof the Malays, and undertakes to accept such advice; provided that nothing in this clause shall in any way prejudice the right of His Highness to address the IIigh Commissioner, or His Majesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser with his establishment shall be determined by the High Comnissioner and shall be a charge on the revenues of the State of Negri Sembilan. 6. His Highness sha11 be consulted before a n y o f f i c e r w h o mi t i s p r o p o s e d t o s e n d a s British Adviser is actually appointed. His Highness undertakes to receive withtn

Cost of Brit i sh Advi ser. Appointment of British Advi ser. Federal officers

334

his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawful authority and powers and to perform such lawfu1 functions as nay be necessary for the purposes of the Federal Government. When Federal officers may perform State functions. 8. Any officer of the Federal Government may, with the concurrence of the High Cornmissioner, perform within the State of Negri Sembilan such State duties and may exercise such State powers as may be imposed or conferred upon hin by His Highness in Council or by Enactment. 9 . H i s H r i g h n e s su n d e r t a k e s t o g o v e r n t h e State of Negri Sembilan in accordance with the provisions of a written Constitution which shall be in conformity with the provisions of this Agreenent and of the Federation Agreenent and which shall be granted and promulgated by His Highness as soon as conveniently may be either in whole or, if His Highness thinks expedient, in Parts from time to time. 10. In pursuance of the undertaking contained in Clause 9 of this Agreement and in conformity with the provisions of the Federation Agreenent His Flighness undertakes forthwith to constitute (a) A Majlis Meshuarat Kerajaan, to be called in English State Executive Counci 1 ; (b) A Majlis N'leshuarat egri, to be N called in English Council of State. 11. His Highness, unless he shall otherwise direct, sha11 be consulted before any officer is posted by or on the authority of the High Commissionerto any post borne on the State Estinates.

State Constitution

Councils to be constituted.

His Highness to be consulted before posting of officers by High Connissioner to posts borne on State estimates. Impartial treatment.

1 2 . A l l p e r s o n s o f whatsoever race in the same grade in the s e r v i c e o f t h e S t a t e o f

335

Negri Sembilan shall, subject to the terms and conditions of their employment, be treated impartially. Education and training of Malays. 13. His Highness desires and His Majesty agrees that it sha1l be a particular charge upon the Government of the State of Negri Sembilan to provide for and encourage the education and training of the Malay inhabitants of the State of Negri Sembilan so as to fit them to take a fu11 share in the economic progress, social welfare and government of the State and of the Federation. 14. (1) The Agreementmade on the 14th day o f N o v e m b e r ,1 9 4 5 , b e t w e e n H i s M a j e s t y t s Government within the United Kingdom of Great Britain and Northern Ireland and His H i g h n e s s T u a n k uA b d u l R a h n a n , K . C . M . G . , ibni Almarhom Yam Tuan l,luhammad the Yang di-Pertuan Besar, and the Rulers of the States which form the Negri Sembilan for Themselves, Their Heirs and Successors is hereby revoked. (2) Ai1 Treaties and Agreements subsisting immediately prior to the making of the aforesaid Agreement of the 14th day of November, 1945, shall continue in force save in so far as they are inconsistent with this Agreement or the Federation Agreement. Prerogatives, power and Jurisdiction of His Highness the Yang diPqrtuan Besar. 15. The prerogati.ves, power and jurisdiction of His Highness the Yang di-Pertuan Besar within the State of Negri Sembilan sha1l be those which His Highness the Yang diPertuan Besar possessed on the first day of December, 194I, subject nevertheless to the provisions of the Federation Agreement and of this Agreement, but undiminished by the provisions of any of the Agreement specl' iied in the Schedule to this Agreement 16. The prerogatives, power and jurisdiction of the Ruling Chiefs of Sungei Ujong, Jelebu, Joho1, Rembauand Tampin and their successors within their respective Territories shall be those which the Ruling Chiefs of

Previous Agreements,

Prerogatives, power and jurisdiction of the Ruling Chiefs.

336

a Sungei Ujong, Jelebu, Johol, Rembau nd Tanpin, respectively, possessed on the first day of December, 1941, subject nevertheless to the provisions of the Federation Agreernent and of this Agreernent; but undiminished by the provisions of any of the Agreements specified in the Schedule to this Agreenent. Language of Agreement. 17. This Agreement shal1 both the English and the but, for the purposes of regard sha11 be had only vers ion , be expressed in Malay languages; interpretat ion, to the English

In witness whereof the said Sir Gerard Edward Gent, K.C.M.G., D.S.0., 0.B.E., M.C., for and on behalf of His Majesty, and His Highness Tuanku Abdul RahmanIbni Almarhom T u a n k u M u h a m m a dK . C . M . G . , t h e Y a n g D i - P e r t u a n B e s a r o f , Negri Sernbilan and the said Undangs of Sungei Ujong, Jelebu, Johol and Rembau, and the said Tengku Besar of Tampin have hereunto set their signatures and seals in the presence of day of January One Thousand witnesses this twenty-first Nine Hundred and Forty-eight of the Christian era corresponding to the tenth day of Rabiulawal the Hadj ira of the Prophet (on whombe Benediction and Peace of God) One Thousand Three Hundred and Sixty-seven. THE SCHEDULE (1) Date of Agreenent 1. Ju1y, 1895
r1\

ri;i"
Agreement between the Governor of the Straits Settlements acting on behalf of the Government of Her Majesty the Queen, Empress of India, and the Rulers of the following.Malay States: that is to say, Perak, Selangor, Pahang and the Negri Sembilan.

) O t - h O e f nuh rp r ev v

1909

Agreement between the High Commissioner of the Federated Malay States, acting on behalf of the Government of His Majesty the King, Emperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Pahangand the Negri Sembilan.

337

T H E S C H E D U L( c o n t . ) E (1) 3, 7th November, I9I2 (2) Agreement supplemental to the Agreement for the Constitution of a Federal Council, 1912. Agreement further supplemental to the Agreement for the Constitution of a Federal Council. Agreenent between the High Commissioner for the Malay States, acting on behalf of the Government of His lt{ajesty the King, Ernperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Negri Sembilan and Pahang. G.E.J. GENT for and on behalf of His Maiesty

4. 9th July,

1924

24th Apri1,

1927

Signature and seal of Witness

W . A . G O R D OH A L L N TUANKU ABDULRAHMAN, Yang Di-Pertuan Besar of Negri Semb 1an i

Signature and seal of

Witnesses ABDUL ALEK M TUNKUNASIR Signature and seal of Witness Signature Witness ABU BAKAR and seal of OMAR ABDULMANAP, Undang of Johol SHAHI\,{ARUDDIN, Undang of Jelebu MOHAMAD KASSIM, Undang of Sungei Ujong

S i g n a t u r e a n d s e a l of Witness

A B D . G H A N IB . C H EM E K HAJI IPAP, Undang of Rembau

Signature and seal o f Witness

OSMAN BIN SEKAT SYED IDRUS, Tengku Besar of Tarnpin

Signature and seal of

338

lVitness

MD JANI

FOOTNOTL 1. Provenance: Statutony Instruments fot' 7948, I, i, no. 1 0 8 , T h e F e d e r a t i o n o f l n l a l a y aO r d e r i n C o u n c i l , 1 9 4 8 .

339

Pahang

Once a domain of Malacca, on the fall of that empire Pahangremained under the suzerainty of Malaccars last sultan and his successors. In the face of European, Achenese and Bugis pressures the heirs to Malacca found it increasingly, difficult to exercise even nominal overlordship over their far-flung territories. By the end of the eighteenth century the Sultan was confined to the Rhiau-Lingga archipelago while - the Temenggongand the Bendahara - were his chief officers virtually independent rulers in Johore and Pahang respectiveIy (cf note on Johore p. 19 ). By 1855 the Temenggong ad h gained both de facto and de jtue control over Johore, while the Bendahara was acquiring a similar authority in Pahang.

340

N o t e o n t h e P a h a n gT r e a t i e s o f 1 8 6 2 a n d 1 8 6 8

I n 1 8 5 7 , o n t h e d e a t h o f B e n d a h a r aT u n A 1 i , t h e P a h a n g succession was disputed between two of his sons: Tun Mutahir and Wan Ahmad. The latter was supported by the Sultan of Trengganu, the Siamese and by a clairnant to the Johore t h r o n e ( n a r n e 1 y ,M a h m u d ,e x - S u l t a n o f L i n g g a , w h o s e s i s t e r married King Mongkut of Siam in 1861); the former had a powerful a1ly in the Temenggongof Johore who was related to Tun Mutahir by marriage. Just as the British were drawn into the dispute between Temenggongand Sultan over the control of Johore, so they becane involved in the Pahangcivil war. Eager to resume trade and at the same time worried by the possibility of the extension of Siamese influence in the Malay Peninsula, the Straits Government was anxious to see At first the British refrained from the dispute settled. direct intervention but, when in 1862 the Siamese attempted to land a force at Kuala Trengganu, Cavenagh (Governor 1859He sent a naval 6 7 ) e m b a r k e do n a m o r e v i g o r o u s p o l i c y . the antiforce to bombard Kuala Trengganu while he fortified Siamese faction in Pahang by giving his support to a tTeaty of alliance between Tun Mutahir and the Temenggongof Johore ( P a h a n gT r e a t y o f 1 8 6 2 ) . This docrment settled the boundary - a potential source of conflict between the two States - at the Endau River and awarded Pulau Tioman and all islands to the south of it to Johore as compensation for the Temenggongts In addition it guaranteed support in the Pahangcivil war. nutual trading rights and provided for British mediation in case of further dispute. In the following year, however, Wan Ahnad defeated Tun Mutahir and became Bendahara. The Ternenggong Johore of continued to support Tun Mutahir and, on his death in 1863, his sons who tried an unsuccessful invasion of Pahang through Raub in 1866 and a second through Selangor and Raub two years 1ater. U n d e r s t a n d a b l y B e n d a h a r a W a n A h m a dw a s u n w i l l i n g t o accept the unfavourable boundary agreement made with Johore The Straits Government, by his brother and rival in 1862. f o r i t s p a n t , w a s n o w e m b a r r a s s e d b y t h e T e m e n g g o n g r sd i s t u r bances on the east coast, and Sir l{arry Ord (Governor 1867-73) was keen to consolidate under general British control all the Malay States south of what he regarded as the Siamese sphere. Consequently, in accordance with the clause in the 1862 Treaty authorising British arbitration and through the good offices of the Sultan of Trengganu, Ord persuaded Wan Ahmad to neet hinself and the Temenggong nd conclude a further a By the Treaty of 1868 the Endau River remained settlement.

341

the boundary between Pahang and Johore but ownership of the off-shore islands was slightly re-adjusted. Later the Ben_ dahara and the Johore R u l e r w e r e c o m p l e t e l y reconciled.I

FOOTNOTE Cf . C.D. Cowan, Nineteenth-Centu"ng Malaya, London, 1961, pp.16, 39-40 and 60.

342

PAHANG TREATYof 17 June, 1862 First Boundary and Friendship Treaty with Johorel*

These are to certify that a Treaty of friendship, alliance and mutual support which is to endure for ever, has been entered into between His Highness Datoh TumongongAbubakar Sri lr{aharajah Ibn Datoh Tunongong Daing Ibrahim Sri l'laharajah, Sovereign of Johore of the one part, and His Highness Datoh Bandahara Tun Korais Sri lt{aharajah Ibn Rajah Bandahara Tun Tahir Sri Maharajah of Pahang of the other Part, both parties being in perfect accord and consenting to order to regulate the countries of Pehangand Johore, their boundaries, jurisdictions and governments to prevent disputes hereafter, to strengthen each other and to perpetuate the amity existing between them, it is agreed and declared as follows: First. - There sha11 be perpetual peace and friendship betwe6i-?I-e parties to this Treaty and their descendants and the countries of Johore and Pahang. Second. - Should the country of Johore or any of its dependEilies be attacked by enenies at any tine hereafter, either from without or within, His Highness Datoh Bandahara Tun Korais Sri Maharajah Ibn Rajah Bandahara Tun Tahir Sri M a h a r a j a h o f P a h a n ga n d h i s s u c c e s s o r s s h a l l , w i t h a l l s p e e d , and with whatever number of followers and materials of war h e m a y b e a b l e t o c o m n a n d ,h a s t e n t o t h e a s s i s t a n c e o f H i s Highness Datoh TumongongAbubakar Sri Maharaja Ibn Datoh Turnongong Daing Ibrahim Sri Maharajah of Johore and his successors, and shall continue to aj,d by all means in his power until such enemies shall have been overcome, expelled or suppressed. Third. - In like manner should the country of Pahang or any oFTts dependencies be attacked at any time hereafter by enemies, either from without or within, His Highness Datoh Tumongong Abubakar Sri Maharaj ah Ibn Datoh Tumongong Daing Ibrahim Sri Maharajah of Johore and his successors, sha11, with all speed and with whatever number of followers and m a t e r i a l s o f w a r h e m a y b e a b l e t o c o m m a n d ,h a s t e n t o t h e assistance of His Highness Datoh Bandahara Tun Korais Sri. Maharajah Ibn Rajah Bandahara Tun Tahir Sri Maharajah of Pahangand his successors and shall continue to aid hin by all the neans in his power until such enemies shall have been overcone, expelled or suppressed. * For footnotes see p.346

343

F o u r t h . - W h e r e a sd o u b t s h a v e b e e n e x p r e s s e d b y o t h e r s as to-Ttre-Foundary between the two countries of Johore and Pahang, it is hereby declared that the River Indow has been heretofore and sha11 continue hereafter to be the boundary on the Mainland, and that the Island of Pulo Tioman and all Islands to the south of the latitude of its northern extremity are, and sha1l be, portions of the Territory of Johore, and all Islands to the north of that latitude are, and sha1l be, portions of the Territory of Pahang. Fifth. - The subjects of each of the contracting parties shall be entitled to trade in the territory of the other, and to export and irnport merchandise upon the same terms and with the sameprivileges as the subjects of such territory, and neither party nor their respective successors will impose heavier taxes, imports, or duties, at any time hereafter, upon the subjects or goods of subjects of the other, than upon his or their own subjects or the goods of his or their own subjects. Sixth. - The parties hereto agree that subjects of the g r i t i s h G o v e r n m e n ts h a l l b e e n t i t l e d t o t r a d e i n t h e i r r e spective territories upon the same terms and with the same privileges as the subjects of the said parties thereto. S e v e n t h .- T h e p a r t i e s h e r e t o a g r e e a n d d e c l a r e f o r themseh,res 'and their respective successors that should any dispute or difference arise between them or their successors at any time hereafter, either with regard to this Treaty or the matters contained in it, or with regard to any other matter or thing whatever, whether national, political, or private, the sane shall be and is hereby referred to the friendly mediation and settlement of the British Government, whose award or decision sha1l be final and bindins on both parties. Eighth. - The parties hereto agree and engage each with the other and their successors that neither shall enter into any alliance or maintain any correspondence with any foreign power or potentates whatsoever without the knowledge and consent of the other and of the said British Government. Done at Singapore this Nineteenth day of Du1-Hajee in year One Thousand Two hundred and seventythe Mahomedan eight (corresponding with the Seventeenth day of June in the Chri.stian Year One Thousand Eight hundred and sixty-two) in the presence of the Honourable Colonel Orfeur Cavenagh, . Governor of Prince of Walest Island, Singapore and Malacca.'

344

PAHANG TREATY of 1 September, 1868 Second Boundary and Friendship Treaty with JohoreS

Award madeby Governor H. St. George Ord, under the provisions of the Treaty between Pahang and Johore of 17th June, 1862. Signature H . S T . G E O R GO R D , E Governor and Commander-in-Chief of the Straits Settlements.

Whereas by a Treaty entered into on the ITth day of June 1862 between His Highness the Maharajah of Johore and His Highness the Bandahara of Pahang it was agreed between the contracting parties that should any dispute or difference a r i s e b e t w e e n t h e mo r t h e i r s u c c e s s o r s a t a n y t i m e t h e r e a f t e r , either with regard to the said Treaty or the matters contairred in it, or with regard to any other matter or thing, whether national, political, or private, the same should be referred to the friendly mediation and settlement of the British Government whose award and decision was by the said Treaty declared to be final; and whereas differences had arisen between the said contracting parties relating to the boundary between the respective territories of Johore and Pahang and respecting the ownership of certain Islands lying off the East Coast of the Malayan Peninsula and whereas the said differences were submitted and referred by the said contracting parties to the friendly mediation and settlement of His Excellency the Governor of the Straits Settlements: N o w t h e s e a r e t o r n a k ek n o w n t h a t I , S i r H a r r y S t . G e o r g e Ord, the said Governor, having taken into consideration and carefully and maturely weighed the evidence and staternents laid before me by both the contracting parties relating to the respective differences and claims, do hereby award and decide as fo11ows, that is to say, 1st, that the River Indow sha1l be the boundary on the Mainland between the territories of His Highness the Maharajah of Johore and His Highness the Bandaharaof Pahang, and that the Islands of Tioman, Aor, Pulo Tingy, Siribuat and others lying off the East Coast of the Malayan Peninsula shal1 be divided by a direct line from the centre of the mouth of the River Indow to the southern extreme of Pulo Raban and thence due east along the north parallel of latitude of 2o 39t 20" and all the islands to the north of this line sha1l belong to Pahangand all to the south of this line to Johore as laid down on the chart annexed to this award.

345

this

Given at Singapore first day of September, 1868 By His Excellencyrs Command, Signature J.F.A. MCNAIR, Acting Colonial Secretary, Straits Settlements.

FOOTNOTES 1. 2. P r o v e n a n c e :M . & G . , p p . . 2 0 9 - 1 1 . M.6 G. do not show the Treaty as having been signed or Presumably it was anyway accepted by both sealed. parties or Ord could hardly have acted upon it six years later. The two Rulersr accepP r o v e n a n c e :M . & G . , p p . 2 7 l - I 2 . tance was reported in CO 273/26, Ord to CO of 20 Jan. 1 8 6 9 ; u i d . C o w a n ,o p . c i t . , p . 6 0 .

3.

346

Note on the

Pah

August and Septe

Treat er, an

o f 1 8 8 7 a n d D o c u m e n t so f 1 8 8 8 9

By i875 Pahang remained by far the largest State in the Malay Peninsula which was indisputably under neither British nor Siamese control. I t s R u l e r , W a nA h m a d , w h o h a d w o n h i s throne in a civil war, was ruthless towards any chiefs who might have encouraged British intervention and impervious to the suggestions of at least two British Governors (Clarke and Jervois) that he should accept a British Resident. His undoing, however, was probably finance: since he had relatively few Chinese in his dominion to tax, he increasingly granted large concessions, some of them i11-defined and others unquesti-onably overlapping with areas traditionally granted to his chiefs, to European merchants and firms attracted by runours of Pahangrs great mineral wealth. The Straits Government, although conceivably manipulated by conmercial interests, was more probably motivated by a desire to prev e n t t h e c y n i c a l e x p l o i t a t i o n o f P a h a n gb y c o n c e s s i o n i l i r e s , and the bloodshed and disturbance bound to arise from clashes between them and traditional inland chiefs, when, during the governorship of Sir Frederick WeId (1880-87), it urged the Ruler to accept some form of British control. In April 1887, two missions - one 1ed by Swettenhan , the other by Weld hins e l f - h a v i n g f a i l e d t o c o n v e r t W a nA h m a d , H u g h C l i f f o r d w o n from the Pahang Ruler a letter requesting an Anglo-Malay agreement on the lines of the Johore Treaty of 1885 (see an agreement which would enpower the British p,72),that is: to control Pahang's foreign relations and to appoint to that State a British Agent with consular status. However, Wan A h m a ds t a l l e d o v e r t h e t r e a t y i t s e l f a n d i t w a s n o t u n t i l early October that it was signed. It appears that the Ruler of Johore played a major part in ending the deadlock: Abu Bakar had been recogni sed by the British Sultan of Johore in his Treaty of 1885 and he novr persuaded Wan Ahmad of Pahang to make a similar arrangement with similar wording, Wan Ahmad had regarded himself as Sultan (i.e independent Ruler) o f P a h a n ge v e r s i n c e 1 8 8 2 , a n d i n 1 8 8 7 h e e v e n t u a l l y c o n s e n t e d to sign the treaty in exchange for British recognition of his status. Although very junior, Clifford was appointed British Agent under the terms of the 1887 Treaty. His limited powers proved of little use in reforming the administration along lines favoured by the British, and a few months after his appointment Governor Sir Cecil Clenenti Smith (1887-93) was writing to London that

347

..,..matters lin Pahang]cannot be allowed to remain as they are, and as the Sultan is impervious to good influence he should, I submit, be made to introduce reforms into his country, the government of which is a disgrace to the Malay Peninsula shortly followed when Clifford Opportunity for intervention reported that a Chinese who was a1leged1y a British subject had been murdered on the Rulerrs orders. Clementi Smith, largely motivated by the expectation of great mineral wealth in Pahang, then carried out what a London official subsequently referred to as a eoup d'6tat2 and, with the Sultan of Johore acting as intermediary once again, obtained from Sul.tan Ahmad a written request for a British Resident (Pahang Documents of August and September 1888). In return the Sultan asked the British to guarantee tral1 our proper privileges and powers according to our system of governmentr'. The second request was incompatible with the first with the result that in 1900 Wan Ahmad complained that the one condition, upon which he had agreed to a measure of British control, had been ignored. In 1889 Sultan Ahmad,who had ruled undisputed for twenty-six years, ostensibly abdicated on the grounds of old age and infirmity and conferred conplete authority on h i s s o n , T u n k u M a h m u d( P a h a n g D o c u m e n to f 1 8 8 9 ) . A h m a dd i d not by any means retire altogether from government and his titah of 1889 may have been a device to ensure Tunku Mahmucl's succession or, alternatively, a vain attempt to free himself from over close supervision by the Resident. Although the British had formerly regarded Sultan Ahmadrs younger brother ( E n g k u M u d a W a nM a n s u r ) a s h e i r a p p a r e n t , t h e y d i d n o t d i s pute this proclamation and, in fact, found Tunku Mahmud easier to deal with than his father. Nevertheless, the 1890rs did not witness that orderly administration and prosperous development which had been expected by the British from their intervention in Pahang. 0n the contrary, in D e c e m b e r1 8 9 1 d i s c o n t e n t e d c h i e f s r o s e i n a r m e d r e s i s t a n c e t o t h e n e w r e g i m e , w h i l e P a h a n gr e n a i n e d s o d e e p l y s u n k i n debt that its finaneial predicament was an important reason for consolidating the resources of the Protected Malay States within a federation (see p.40)

FOOTNOTES

1.

C O 2 7 3 /1 5 4 , C l e m e n t i S m i t h t o C O , 3 J u l y 1 8 8 8 .

348

2.
3.

CO 273/782, Fairfield June 1892.

to Clementi Smith, ptivate,

27

For British intervention in pahang see E. Thio, Bnitish Poliey in the Malay peninsuLa Lssb-1gL0 uot..i Ll'u southern and centnaL states, Singapore and Kuala Lumpur, 1969, pp.61-94.

349

PAHANG TREATY of 8 October, 1887 First Treaty with Britain providi-ng for a British ,* ngent'

Agreement on certain points touching re]-ations of Her M a j e s t y ' s G o v e r n m e n to f t h e s t r a i t s s e t t l e m e n t s w i t h t h e Government of the Independent state of pahang, made between His Excellency Sir Frederick Aloysius we1d, knight Grand cross of the Most Distinguished order of saint Michael and saint George, Governor of the Straits Settlernents, and His H i g h n e s s R a j a A h m a dy a n g - d i p e r t u a n o f p a h a n g . Article i

,,S ,/'.{{ .;e '+ r.*

raX
{rr

T h e t w o G o v e r n m e n t sw i l l a t a l 1 t i m e s c o r d i a l l y c o o p e r atc in the settlement of a peaceful population in their respective neighbouring territories, and in the joint defence of those territories from external hostile attack and in the mutual surrender of persons accused or convicted of any crime or offence under such conditions as may be arranged between the two Governments. Artic 1e H i s H i g h n e s s t h e R a j a o f P a h a n gu n d e r t a k e s i f r e q u e s t e d b y t h e G o v e r n r n e n to f t h e S t r a i t s S e t t l e m e n t s t o c o - o p e r a t e in making arrangements for facilitating trade and transit communication over-1and through the State of Pahang with the State of Johor and other neighbouring States. Article iii

x s{
";
I

* g . ":, . r< 5 f .-Y

I f t h e G o v e r n m e n to f t h e S t r a i t s S e t t l e m e n t s s h a 1 1 a t any time desire to appoint a British Officer as Agent to l i v e w i t h i n t h e S t a t e o f P a h a n gh a v i n g f u n c t i o n s s i m i l a r t o those of a Consular Officer, His Highness the Raja will be prepared to provide free of cost a suitable site within his territory whereon a residence may be erected for occupation by such Officer. Article iv

Any coinage in the currency of the Straits Settlements which nay be required for the use of the Governrnent of Pah a n g s h a 1 l b e s u p p l i e d t o i t b y t h e G o v e r n m e n to f t h e S t r a i t s Settlements at rates not higher than those at which similar * For footnotes see n.355

3s0

coinage is supplied to Governments of the Malay Protected States and under the same limitations as to amount. His Highness the Raja on his part undertakes that the a p p l i c a t i o n s o f h i s G o v e r n m e n tf o r s u b s i d i a r y c o i n a g e s h a l l be strictly limited by the legitimate requirements of the inhabitants of the State of Pahang and that the coinage so issued sha1l be subject to the same limitations as regards legal tender as are in force in the Strajts Settlements. Article v

The Governor of the Straits Settlements will at alt times to the utmost of his power take whatever steps may be necessary to protect the Government and territory of Pahang from any external hostile attacks; and for these or for similar purposes Her Majesty's Officers sha11 at all times have free access to the waters of the State of Pahang; and it is agreed that those waters extend to three niles from the shore of the State. Article vi

T h e R a j a o f P a h a n gu n d e r t a k e s o n h i s p a r t t h a t h e w i l l not without the knowledge and consent of Her Majestyrs Government negotiate any Treaty or enter into any engagement with any foreign State, or interfere in the politics or administration of any native State, or make any grant or concession to other than British subjects or British Companies or persons of the Chinese, Malay or other Oriental Race, or enter into any political correspondencewith any forei-gn State. It is further agreed that if occasion should arise for political correspondencebetween His Highness the Raja and any foreign State, such correspondence shal1 be conducted t h r o u g h H e r M a j e s t y r s G o v e r n m e n t , t o w h o mH i s H i g h n e s s m a k e s over the guidance and control of his foreign re.lations. Article vii

Whereas His Highness the Raja of Pal'ranghas made known to the Governor of the Straits Settlements that it is the desire of his Chiefs and people that he should assumethe title of Sultan, it is further agreed that, in consideration of the loya1 friendship and constant affection His Highness has shown to the Government of Her Maj esty the Queen and Empress and of the stipulations contained in this Memorandum,

351

he and his heirs and successors lawfully succeeding according b Malay custom shall in future be acknowledged as his Highness the Sultan of Pahangand shall be so addressed.z In witness whereof the said Sir Frederick Aloysius Weld and his said Highness the Raja of Pahang have signed this Agreement the eighth day of October the year of Christ one thousand eight hundred and eighty-seven, answering to the twentieth day of Muharrun the year of the Hedjira one thousand three hundred and five. Seal and Signature of F R E D .A . W E L D , Governor of the Straits

Settlements

Witnesses J.F. DICKSON, Colonial Secretary, Straits Settlements GERARD WALLOP, Governorrs Private Secretary Seal and Signature Witness of SULTAN AHMAD of PAIIANG

H. CLIFFORD

352

PAHANG of DOCUMENTS August-September, 1888 ( i ) L e t t e r f r o m t h e S u l t a n o f P a h a n g t o the Governor of the Straits Settlements askins for a British Resident , dated 24 August,1888 ( T r a n sl a t i o n )

After

Complinents:

We make known to our friend, with reference to the correspondence between ourself and our friend, that we have reconsidered our friendrs words, and all that our friend has We have also had time to consult with our relawritten. Our friend will tion His Highness the Sultan of Johor. remember that we have already acknowledged our responsibili-ty l{e for the murder of Jo Hui (Go Hui), a British subject. hope that no nore will be said about this matter, and that H e r M a j e s t y t h e Q u e e nw i l l b e s a t i s f i e d w i t h o u r e x p r e s s i o n of regret for what has occurred, and with our giving a guarantee for the future, that is to say, that Her Majesty the Queenshould send us a British officer in order that h e n a y a s s i s t u s i n m a t t e r s r e l a t i n g t o t h e G o v e r n m e n to f our country, on a similar system to that existing in the We now ask for such Malay States under English protection. In asking this we trust that the British Goan Officer. vernment will assure to us and our successors all our proper privileges and powers according to our system of government, and will undertake that they will not interfere with the o1d customs of our country which have good and proper reasons, There and also with all matters relating to our religion. is nothing nore but our best respects to our friend. Written on the 16th of Zal Hejah 1304 1 8 8 8 ). (24th August,

(ii) Letter the s

from the Governor of the Straits

Settlements to

After

Compliments:

I inform my friend that the S u l t a n o f J o h o r e d u l y d e livered to me my friendts letter of 24th August. The contents of this letter I forwarded by telegraph to England to

353

be laid before the Great Queen, and I prayed that Her Majesty would accept the expression of my friendts deep reglret at what had taken place in regard to the murder of British subjects, and woulcl approve of the proposed request of my friend that a British Resident should be placed in Pahang, who would a s s i s t m y f r i e n d i n t h e a d m i n i s t r a t i o n o f t h e G o v e r n m e n to f the country, which would be taken as a guarantee against all future similar and other troubles. To-day I have received the commands of the Great Queen authorising me to carry out the arrangement which my friend has set out in his letter of the 24th instant, and I will therefore soon send a British Resident to my friend - an O f f i c e r o f e x p e r i e n c e , w h o k n o w s M a l a y r n a n n e r sa n d c u s t o m s , and who is well-intentioned towards ny friend personally and desirous of promoting the best interests of my friendrs country. I rely on my friend treating the British Resident with entire frankness, taking him into fu11 confidence as regards all public matters, and loyally carrying out the arrangenent which has now been finally made. In conclusion, I send my best wishes for rny friendrs health, and for the prosperity of rny friendrs country.

Singapore, 8th September, 1888.

354

of DOCUMENT 22 July, PAHANG

1889
L

Sultan's Titah of authority to his Eldest Son'

Proclamation Seal of SULTAN AHMADMUATHAM SHAH of PAHANG We, Sultan Ahnad Muathan Shah, son of the deceased Ali, to w h o mb e l o n g s t h e t h r o n e o f t h e K i n g d o m o f P a h a n g w i t h a l l its dependencies hereby declare and proclaim that we have granted a Titah of authority to our eldest son Tunku Mahmud, and whereas we feel the burden of increasing age and infirmities and wish to retire from the cares of Government we with judgenent and (after) ful1 deliberation have established in consuland confirmed our said son as our representative, tation with the British Resident to enact laws and issue regulations with reference to all matters concerning the administration of Government, and we acknowledge all his acts in settling State affairs as if they were our own. And further we have granted a Titah to our said son, confeming on him fu1l and complete authority, so that all our Chiefs and Headmenmust absolutely obey whatever commands are issued by him, since they are in every respect the same as ouT own. Written on the 22nd JuIy, 1889

FOOTNOTES P r o v e n a n c e : C O 2 7 3 /1 4 8 , W e l d t o C O c o n f . o f 1 1 O c t . The wording 1887; uid. also CO 273/156, File No. 4095. of Article i made it necessary to lay the tTeaty before It was published for Parliament under Q u e e nV i c t o r i a . the heading (about which there was some debate within t h e C o l o n i a l O f f i c e ) " A g r e e m e n t r n a d eb e t w e e n t h e G o v e r nor of the Straits Settlements and His Highness the Sultan of Pahangand approved by Her Majesty's Governnent.rl In earlier articles the Ruler had been referred to as of Yang dithe Raja of Pahangor by his Malay title Pertuan,thus avoiding the delicate issue of whether he

355

was already Sultan or sti11 Bendahara. Provenance: CO 273/154, Clementi Smith to C0,396 of 30 Sept. 1888 and encls. 4. P r o v e n a n c e :M . & G . , p . 7 0 .

356

Note on the Pahang Treaty of 1945

For a general note on the MacMichael Mission and Treaties see Note on the Johore Treaty of 1945 (p.117) A l t h o u g h P a h a n gM a l a y s p a r t i c i p a t e d i n t h e s u b s e q u e n t campaign against the MacMichael Treaties and the Malayan Union, they were not prominent in either the conference of Rulers or the inauguration of LJMNO. The Sultan of Pahang s e e r n st o h a v e a c c e p t e d t h e T r e a t y o f 1 9 4 5 w i t h o u t p r o t e s t for MacMichael's claim that His Highness signed willingly was not disputed.

357

PAHANG of 2 Novenber, 1945 TREATY

1

MacMichael Treaty'

A g r e e m e n t b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i n t h e Uni.ted Kingdom of Great Britain and Northern Ireland and the State of Pahang. W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s B r i t a n n i c M a j e s t y a n d H i s . H j . g h n e s st h e S u l t a n o f t h e S t a t e o f P a h a n g : And whereas it is expedient to provide for the constitutional development of the Malay States under the protection of His Majesty and for the future government of the State of Pahang: It is hereby agreed between Sir Harold MacMichael, G.C.M.G., D.S.0., the Special Representative of His Majestyrs Government within the United Kingdom of Great Britain and Northern Ireland on behalf of His Majesty and His Highness a 1 - S u l t a n S i r A b u B a k a r R i a y a t u d - D i n a l - M u a d z a mS h a h , K . C . M . G . i b n i a l - M a r h u r na l - M u t a s i m B i 1 l a h a I - S u l t a n A b d u l l a h t h e S u l tan of the State of Pahangfor hirnself, his heirs and succ e s s o r s :1. His Highness the Sultan agrees that Hi.s Majesty within shall have fulI power and jurisdiction the State of Pahang. 2. Save in so far as the subsisting agreenents are inconsistent with this Agreement or with such future constitutional arrangements for Malaya as nay be approved by His Majesty, the said agreements shal1 remain of full force and effect. Signed this 2 n d d a y o f N o v e m b e r1 9 4 5 . H,A. MACMICHAEL, Special Representative of the British Government.

Signature

W i t n e s s H. T . B O U R D I L L O N Signature SULTANABU BAKARof PALANG(in jaui script )

358

Witnesses

TENGKU MUHAMMAD C.E. I\IOHAMED

State

Seal of

Pahang

FOOTNOTE The copy in the lt{alaysian National Archives bears the note rrl have compared the above written document with the original Treaty and I hereby certify that it is a true copy thereof. Signature Leonard Owen, lr{ajor - Notary Public - Englandil

359

Note on the Pahang Treaty of 1948

As the result of Malay opposition to the Malayan Union schemeand the MacMichael Treaties the British entered into negotiations with the Rulers and the leaders of uMNo. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and non-Malay groups condemnedas undemocratic both the consultative process and the constitutional proposals, it was decided:(i) to revoke the Malayan Union Order in Council, 1946, (ii) to replace the MacMichael Treaties by new State Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His MajestyJ on 21 January - the day which also saw the conclusion of the Federation of Malaya Agreement (see p .100 ) . under these state Agreenents the jurisdiction of the crown was confined to external affairs and defence, However, the Malay Rulers were still bound to accept the advice of British Advisers (note: the sane title was adopted bv the pri-ncipal British officials posted to the Malay States) ,,on all matters connected with the government of the state other t h a n m a t t e r s r e l a t i n g t o t h e M u s l i - mR e l i g i o n a n d t h e c u s t o m of the Malaysr'. In addition Their Highnesses were now subjected to written constitutions which provided for a legislature (Council of State) and an Executive Council in each State. Up to this time only Johore and Trengganu had p o s s e s s e d w r i t t e n c o n s t i t u t i o n s ( s e e J o h o r e D o c u m e n to f l g g 5 , p . 7 7 a n d T r e n g g a n uD o c u m e n t f 1 9 1 1 p . 4 7 4 ) . o

360

PAHANG TREATY of 2I January, 1948 State Agreement revoking the MacMichael Treatyl Agreementmade the twenty-first day of January, 1g4g, b e t w e e n S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . M . G . , D . S . O . , 0.B.E., M.C., on behalf of His Majesty and His Highness Abu B a k a r R i ' a y a t u r d d i n A 1 - m u a d z a m h a h i b n i A l m a r h u mA l r n u ' t a s i m S Birillah Abdullah, K.c.M.G., sultan of the state of pahang for Himself and His Successors: whereas mutual agreements subsist between His Ma.iestv and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for peace, order and good government of the State of pahang: And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Higirness, and the inhabitants of the State of pahang, is pleased to make fresh arrangements to take effect on such day as His Majesty may by Order in council appoint (hereinafter called "the appointed day"): And whereas it is expedient to provide for the constitutional development of the state of pihang under the protection of His Majesty and for its future government: Now, therefore, Short title and commencenent. it is agreed and declared as follows:

1. This Agreementmay be cited as the P a h a n gA g r e e m e n t , 1 9 4 8 , a n d s h a l 1 c o m e i n t o operation on the appointed day, immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day sha1l be published in the MaLayan llnion Gazette together with a copy of this Agreement. 2. In this Agreement: "Enactrnentil means any law enacted by His Highness with the advice and consent of a Council of State constituted in accordance with this Agreement; rrFederal Governmentil means the Government
of the Federation:

Interpretation

For footnote see p.366 361

"the Federationrr means the Federation of Malaya to be cal1ed in Malay "Persekutuan Tanah Melayur', which is to be established on the appointed day; " F e d e r a t i o n A g r e e m e n t t rm e a n s t h e A g r e e m e n t w h i c h i s t o b e m a d eb e t w e e n H i s M a j e s t y and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Sembi1an, Selangor, Perak, Kedah, Perl-is, Kelantan and Trengganu for the establishment of the Federation, and includes any anendment thereof; "the High Conrnissioner" neans the High Commissionerfor the Federation; "His Highness" means the Sultan of Pahang and His Successors; 'rHis Highness in Council" meansHis Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; I'Secretary of State'r meansone of His Majestyts Principal Secretaries of State. Protect ion and external affairs. 3. ( l) His tr4ajestyshall have cornplete control of the defence and of all the external affairs of the State of Pahangand His Majesty undertakes to protect the Government and State of Pahangand all its dependencies frorn external hostile attacks and for this and other similar purposes His Majestyts Forces and persons authorised by or on behalf of His Majestyrs Government shall at all times be allowed free access to the State of Pahangand to employ all necessary means of opposing such attacks. (2) His Highness undertakes that, without the knowledge and consent of His Maj e s t y r s G o v e r n m e n t ,h e w i l l n o t m a k e a n y treaty, enter into any engagement,deal in or correspond on political matters with, or send envoys to, any foreign State.

362

Briti sh Adviser.

4. His Highness undertakes to receive and provide a suitable residence for a British Advi-ser to advise on all matters connected with the government of the State other than matters relating to the Muslim Religion and the Custom of the Malays, and undertakes to accept such advice; provided that nothing in this clause shall in any way prejudice the right of His Highness to address the High Commissioner, or His lr{ajesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser wit-h his establishment shall be determined by t h e H i g h C o m m i s s i o n e ra n d s h a l l b e a c h a r g e on the revenues of the State of Pahang. 6. His Highness shall be consulted before a n y o f f i c e r w h o mi t i s p r o p o s e d t o s e n d a s British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawful authority and powers and to perform such lawful functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the lligh Commissioner, perform within the State of Pahangsuch State duties and may exercise such State powers as may be imposed or conferred upon him by His Highness in Council or by Enactment. 9. His Highness undertakes to govern the State of Pahangin accordance with the provisions of a written Constitution which shal1 be in conformity with the provisions of this Agreenent and of the Federation Agreement and which shall be granted and promulgated by His Highness as soon as conveniently may be either in whole or, if His Highness thinks expedient, in Parts from time to time.

Cost of British Adviser.

Appointment of British Advi ser . Federal officers.

When Federal officers rnay perform State functions.

State Constitution.

363

Councils to be constituted.

10. In pursuance of the undertaking contained in Clause 9 of this Agreement and in conforrnity with the provisions of the Federation AgreementHis Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be called in English State Executive C o u n c i1 : (b) a Majlis MeshuaratNegri, to be called in English Council of State. 11. His Highness, unless he shall otherwise direct, shal1 be consulted before any officer is posted by or on the authority of the High Commissionerto any post borne on the State Estimates.

His Highness to be consulted before posting of officers by High Conmissioner to posts borne on State estirnates. Impartial treatment.

12. A11 persons of whatsoever race in the same grade in the service of the State of Pahangshall, subject to the terms and conditions of their employnent, be treated inpartial 1y. 13. His Highness desires and His Majesty agrees that it shall be a particular charge upon the Government of the State of Pahang to provide for and encourage the education and training of the Malay inhabitants of the State of Pahangso as to fit them to take a full share in the economic progress, social welfare and government of the State and of the Federation. 14. (1) The Agreementmade on the 2nd day o f N o v e m b e r ,1 9 4 5 , b e t w e e n H i s M a j e s t y ' s Government within the United Kingdom of Great Britain and Northern Ireland and Hi-s Highness al-Sultan Sir Abu Bakar Rirayatu'd -Din a1-Muadzam hah, K.C.M.G., ibni a1S M a r h u ma l M u r t a s i n B i r i l l a h a l - S u l t a n A b dullah the Sultan of the State of Pahang, for Himself, His Heirs and Successorsis hereby revoked. (2) All Treaties and Agreements

Education and training of Malays.

Previous Agreements

364

subsisting immediately prior to the making of the aforesaid Agreement of the 2nd day of November, 1945, shall continue in force save in so far as they are inconsistent with this Agreenent or the Federation Agreement. Sovereignty of the RuIer. 15. The prerogatives, power and jurisdiction of Hi-s Highness within the State of Pahangshal1 be those which His Highness t h e S u l t a n o f P a h a n gp o s s e s s e d o n t h e first day of Decenber, 1941, subject nevertheless to the provisions of the Federation Agreement and this Agreernent; but undiminished by the provisions c,f any of the Agreements specified in the Schedule to this Agreement. 16. This Agreenent shall both the English and the but, for the purposes of regard shall be had only version. be expressed in Malay languages; interpretation, to the English

Language of Agreement.

In witness whereof Sir Gerard Edward James Gent, K.C.M.G., D.S.0., 0.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His tlighness A b u B a k a r R i r a y a t u r d - D i n a l - M u a d z a mS h a h i b n i a 1 - l n ' l a r h u ml a Murtasim Birllah Abdu1lah, K.C.M.G., Sultan of the State of Pahang, above named, has hereunto set his hand and seal the day and year first above written.

THE SCHEDULE (1) Date of Agreenent July,1895 (2) Ti t 1e' Agreement between the Governor of the Straits Settlements acting on behalf of the Governnent of Her lr'lajesty the Queen, E m p r e s so f I n d i a , a n d t h e R u l e r s of the following lula).ay States: that is to say, Perak, Selangor, Pahangand the Negri Sembilan. Agreement between the High Cornrnissioner of the Federated

2. 20th October, 1909

365

(1) D a t e o f Agreement 2. (cont. )

()\
\&/

Tit 1e Malay States, acting on behalf o f t h e G o v e r n m e n to f H i s M a j e s ty the King, Emperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Pahang and the Negri Sembilan. Agreenent supplemental to the Agreement for the Constitution of a Federal Council, 1912. Agreement further supplenental to the Agreement for the Constitution of a Federal Council. Agreement between the High Conmj-ssioner for the Malay States, acting on behalf of t h e G o v e r n m e n to f H i s M a j e s t y the King, Enperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Negri Sernbilan and Pahang.

3. 7th November, \912

4. 9th July,

1924.

5. 24th April,

1927

Signature and seal of Witness J.A. HARVEY Signature and seal of Witnesses

G.E.J. GENT, for and on behalf of His Majesty

ABU BAKARBIN ABDULLAH, Sultan of Pahang

MAHMUD C . E. }.4OHAMED

FOOTNOTE Provenance: Statutory Instruments for 194B, I, i, no. 108, The Federation of Malaya Order in Council, 1948.

366

Perak
After the Portuguese conquest of Malacca, the eldest son of its last Sultan movedto the Perak River, where, around 1529, he established a separate and distinct dynasty and took the title of Sultan Mudzaffar Shah. The constituand tion and ceremonial of the Perak court and the titles functions of the officers of State derived frorn Malacca. came to Indeed, it appears that the original title-holders Perak as the Sultanrs followers with the result that Ruler and Chiefs were mutually dependent: the Sultan needed the while in turn he legitimised support of the title-holders, their authority. Although theoretically the arbiter of life and death and the owner of the soil who had absolute control over appointments and concessions, the Sultan was in practice limited in the conduct of affairs by the power which chiefs came to wield in, for example, matters of succession and the conclusion of foreign treaties. I n 1 5 7 5 P e r a k s u c c u m b e dt o A c h e n e s e d o m i n i o n w h i c h w a s retained until the decline of that Kingdomin the mi-d-sevenBy a treaty concluded between Holland and teenth century. Acheh in about 1648 Perak was technically subordinated to the Dutch, and subsequently (in 1650-55 and 1681) direct treaties between Holland and the Perak chiefs strengthened t t h e l e g a l h o l d o f t h e D u t c h w h o w e r e e a g e r t o c o m m a n dh e In practice, however, the Dutch hold was never tin trade. secure: their interference provoked sporadic resistance frorn Perak Malays, while, during the eighteenth century, Holland was unable to save the State from the pressures of t h e B u g i s i n S e l a n g o r o r o f S i a m e s e - s p o n s o r e dp a r t i e s i n Kedah. In 1795 Britain seized Malacca and Dutch monopolies were rernoved.

367

Note on the Perak Treaties of 1818 1825 and 1826

During the French Wars, when Britain took Hollandrs place through much of Southeast Asj-a, there were very few f o r m a l t r e a t i e s ( e g N a n i n g T r e a t y o f 1 8 0 1, p . 2 5 1 ) b e t w e e n the British and the forner Dutch vassals, although British trade naturally prospered in the absence of Dutch monopolies. W h e nM a l a c c a w a s r e t u r n e d t o t h e D u t c h a f t e r 1 8 1 5 , h o w e v e r , the Penang merchants were much alarmed by the prospect of the Dutch resuming their monopolies, especially those affecting tin; and in 1818 two missions were sent from Penang to secure trade treaties which might prevent such an evenWilljam Farquhar was sent to Borneo, Rhiau (cf tuality. Note on Johore Treaty of 1818 p.21 ) and Siak while W.S. Cracroft went to Perak and Selangor. Cracroft was apparently successful in Selangor (see Note on Selangor 1818 Treaty p. 4 3 4 ) b u t l e s s s o i n P e r a k w h i c h i n t h e s a m ey e a t h a d b e e n overrun by the Siamese in alliance with Kedah, with the result that the British envoy had to act as mediator as well as treaty-rnaker. Cracroft did, however, secure a tteaty (Perak 1818 Treaty) which was in form at least similar to those signed wi-th Selangor, Rhiau and Siak and which was more than the Dutch were able to achieve when, in the fol1owing year, they tried to revive the 1681 arrangements with Perak. Having used Kedah for their invasion of Perak in 1818, the Siamese turned on Kedah itself in 1821. The Sultan of Perak took advantage of the opportunity to call in the aid of Sultan lbrahim, the Bugis Ruler of Selangor, to expel the Siamese from his own territory in 1822. However, there remained in Perak a Selangor force under Raja Hassan who was later accused of plundering and terrorising the country, and, at some stage, perhaps under pressure from the Siamese Chao Prya of Ligor, Sultan Abdullah of Perak appealed to the Siamese for help against Selangor. Thus, just at the time when the 1824 Anglo-Dutch Treaty (p.2BB) assigned alI the peninsular Malay States to the British sphere, the Chao P'ya was planning the conquest of both Perak and Selangor. These developments coincided with the appointment to Penang of the energetic and able Robert Fullerton (Governor Penang 182427, Straits Settlements 1827-30). Fullerton was determined to do everything in his power to consolidate British influence a n d c o n t a i n S i a m , a l t h o u g h h e w a s h a m p e r e db y i n s t r u c t i o n s from the British East India Cornpany which wished to avoid the hostility of Bangkokand absolutely opposed any cornmitment

368

to the mainland states. A m o n gt h e a n t i - S i a m e s e f a c t i o n i n Penang were John Anderson and - so it seernedin 1824-1825 In 1825 Burney was sent to Ligor and Captain Henry Burney. obtained a 'rpreliminary treatyrf (see p,309) with the Chao Ptya by which the latter promised inter aLia not to attack Perak and Selangor by sea nor to settle any force in those States, while the Company ndertook to deal with Raja Hassan u and to settle the squabble between Selangor and Ligor without occupying those States or interfering in the government of Perak. Acting on this agreement, Fullerton sent Anderson to Perak and Selangor in 1825. Anderson reported a great welcome in Perak - indeed its Ruler offered to put his State under Briti"sh protection - and declared that Perak was much nore afraid of Siam than of Selangor. By the 1825 Selangor Treaty (p.439) he arranged for the withdrawal of Raja Hassan and settled the Selangor-Perak boundary at the BernarnRiver. Perak confirmed this arrangement with Selangor and undertook to encourage trade, to set a fixed duty on tin, and to grant no cornmercial monopolies (Perak 1825 Treaty). At the same tine Sultan Abdullah wrote to Fullerton enquiring whether he recommended Perak to send the bunga mds to Siam which Fullerton naturally did not. Scarcely had the treaty been signed, however, when the Chao Prya sent a "smaIl force disguised as an embassyil to Perak to assist the Sultan's government: Fullerton vainly demandedits reca11 and decided to send Burney to Bangkok to try to effect a general settlenent (see Siam 1826 Treaty p . 3 1 2) . As far as Perak was concerned, the Sj-amese roposed p that Britain should continue to defend Perak from Selangor (to which they madeno clain) but insisted they (the Siamese) should send embassies to Perak to "settle and instruct the chief of Perak, and give him a title and great presents, in Eventhe samemanner as other countries subject ao 5ir*tt.1tually the status of Perak was determined in Article xiv, by which it was agreed that Britain should defend Perak from Selangor but should not interfere in Perak, that the Siamese should be permitted to send sma11, peaceful embassies and that the Sultan should be permitted to send bunqa mas to "Prya Bangkok if he wished. It was left to the Chao of Ligor to carry out these terms. Burneyrs 1826 treaty was regarded in Penangas a betraya1 of the Malays, especially those of Kedah, but Fullerton was determlned to interpret it in such a way as to protect Perak from future Siamesepressure. Since 1825, according to the Penangauthorities, the Chao P?ya had consistently sent not only enbassies but also troops to persuade Sultan

369

Abdullah to send the bunga mas, and the Governor concluded that Siam had no intention of carrying out Article xiv of the 1826 Treaty. In 1826, therefore, Captain James Low, w h o w a s a l s o a m e m b e ro f t h e a n t i - S i a m e s e f a c t i o n , w a s s e n t with a small warship and a force of forty sepoys to enquire into the business of the Siamesevisitors in Perak and to inform the Sultan that by the new treaty he need not be tributary to Sian unless he so desired and could count on British support to expel the Siamese"advisers" if they interfered in his government. Low might be thought to have himself infringed the treaty - the Siamese certainly thought so - by advising the Sultan to deprive the pro-Siamese Malays in his court (including the heir apparent) of all powers and to write a letter declaring his wish to be indep e n d e n t o f S i a m ( P e r a k D o c u m e n to f 2 5 O c t o b e r , 1 8 2 6 ) . Without doubt Low greatly exceededhis instructions when he signed a new treaty with Perak by which the Sultan promised to have no more dealings with Sian nor to send the bunga mas while Britain was pledged to aid him in expelling any unwelcomeSiamese or their Malay aIlies (Second Perak Treaty of 18 October 1826). Low signed an additional treaty with the Ruler of Perak (First Perak Treaty of 18 October 1826), by which, as a precaution against piracy, Perak surrendered to Britain "the Pulo Dinding and the Islands of Pangkor, together with all and every one of the Islands which belonged of old and until this period to the Kings of Perakr'. The exact meaning of this phrase was debated during the governorship of Sir Harry Ord (1867-73) when Britain maintained that 'rPu1oDinding" meant the section of the mainland entirely e n c i r c l e d b y s w a m p sa n d r i v e r s w h e r e a s t h e M a 1 a y s m a i n t a i n e d that it referred to someother island or alternatively that it was a redundant expression meaning no more than the Pangkor
1Stancs . 4

Before the reactions of the CornpanytsSuprene Council in Calcutta to Lowrs treaties were received, Fullerton gave some weight to their terns by despatching Low on an expedition t o d e s t r o y t h e s t r o n g h o l d o f N a k h o d aU d i n , a p i r a t e i n P e r a k who had molested the subjects of both the Sultan and of the Penang Government, and who had been appointed by the Chao P?ya as Governor of the Kurau River territory. N a k h o d aU d i n was arrested and sent to Ligor with a request for his trj-al. The Chao Prya protested strongly that British action over the Kurau River together with Lowrs treaties had infringed the Anglo-SiameseAgreementof 1826. Calcutta eventually supported Fullerton over the Kurau incident but deplored the treaties for which they severely rebuked Low and which they refused to ratify. Nevertheless, when in 1844 and 1853 the Sultan of Perak appealed to Britain on the strength of

370

the treaties, the authorities in London and India as well. as those in the Straits behaved as if they were binding. Indeed, they were to provide the basis for Sir Andrew Clarkers intervention in Perak in 1874.

FOOTNOTES 1. 2. Quoted j-n L.A. Mil Is, Br.itish Malaya 1824-67, Kuala Lumpur, 1966, p.154. See C.D. Cowan, Nineteenth-Century Malaya, London, 1961, pp.54-55.

371

o T PERAK REATY f 30 JulY, 1818 Cracroft's C o m m e r c i a lT r e a t y l*

Treaty of cornmercial AlLiance between the Honorable E n g l i s h E a s t I n d i a C o m p a n ya n d H i s M a j e s t y t h e R a j a h o f P e i a k , s e t t l e d b y M r w a l t e r S e w e 1 1C r a c r o f t , i n v i r t u e o f por"rr delegated to him by the Honorable John Alexander bunn".*"n, Goveinor of Prince of Wales' Island and its Dependencies. D o n e o n t h e 2 7 t h R a m a d l a n1 2 3 3 ( a n s w e r i n g t o t h e Evening of the 30th JulY, 1818). Article Ist

The peace and friendship now subsisting between the H o n o r a b l e E n g l i s h E a s t I n d i a C o m p a n ya n d H i s M a j e s t y t h e Rajah of Perak , s h a 1 1 b e P e r p e t u a l . Article 2nd

T h e v e s s e l s a n d m e r c h a n d iz e b e l o n g i n g t o B r i t i s h s u b jects, or persons being under the protection of the Honorable E a s t I n d i a C o m p a n y ,s h i l l a l w a y s e n j o y , i n t h e p o r t s a n d the dominions subject to His Majesty the Rajah of Perak, a1L which are now, or may at any time ani advantages privileges irereafter, be granted to the subjects of the most favoured nations. Article 3rd

The vessels and merchandize belonging to the subjects of His Majes'-y the Rajah of Perak shall aLways receive similar advantages and privileges with those in the preceding as long as they are in the harbour of Fort cornwallis Article, and in all other places dependent on the Britj.sh Government of Prince of Walesr Island. Article 4th

His Majesty of Perak agrees that he will not renew any public obsolete and interrupted Treaties with other nations, the provisions of which may, i'n any bodies, or i.ndividuals, degree, tend to exclude or obstruct the trade of British .t]u i*oorh"1l t-tot b" brrtth"tt"d frrth"t ,r6j".tr, "ith "ho * For footnotes see P'384

372

sitions or Duties not levied on the subjects of other States. Article 5th

His Majesty the Rajah of perak further engages, that he wil1, upon no pretence whatsoever, grant ronopoly of any " articles of trade or comnodities, the produce of his territories, to any person or persons, European, American, 01. natives of any other country, but that he will allow British subjects to cone and buy all sorts of rnerchandize, the same as other people. Article 6th

The Honorable East India Companyengage, that they will not form any Treaties or Engagernentswhich may exclude or obstruct the merchandize of the subjects of the Rajah of Perak who come to trade at Penang, nor will they grant a m o n o p o l y o f a n y s o r t o f m e r c h a n d iz e t o o n e d e s c r i p t i o n o f persons only, as is specified in the Sth Article, but will allow the natives of Perak to cone and buy all sorts of merchandize, the same as other peoDle. Article 7th

His Majesty the Rajah of perak engages, that if any p e r s o n s b e i n g s u b j e c t s o f t h e c o m p a n yf r o m p e n a n g a n d i t s d e p e n d e n c i e sf o r s a l e , h e w i l l n o t a l l o w o f t h e i r s a l e i n the country of Perak, and the Honorable Cornpany ill be w bound by a sirnilar Agreementwith respect to the subjects of Perak, for the laws of England on no account allow of such proceedings in any of the countries subject to the British authorities. Article 8th

This Treaty, according to the foregoing Articles, is made for the purpose of promoting the peace and friendship o f t h e t w o s t a t e s , a n d s e c u r i n g t h e l i b e r t y o f c o m m e r c ea n d navigation between their respective subjects to the mutual advantage of both, and of it one draft is retained by His Majesty the Rajah of Perak, and one by Mr Walter Sewel1 Cracroft, Agent of the Honorable the Governor of penang. To this is affixed the seal of His Majesty the Rajah of Perak, to ratify it to the Honorable English East India conpany, so that no disputes may hereafter arise concerning it, but that it may be permanent and last for ever.

373

Seal of the Ruler of perak. Signature W.S. CRACR0FT, Commissioner.

(A true copy) Signature JOHNANDERSON, Malay Translator to the Government of the S t r a i t s Settlements.

374

PERAK TREATY of 6 Septenber, 1825 Anderson's Treaty2 (Trans 1at ion)

Translation of an Engagernentof His Majesty Paduka Sri Sultan Abdullah Ma-Alun Shah, who is seated on the Royal Throne of the Perak Country, given to Mr John Anderson, Agent to the Honourable Robert Fullerton, Governor of Pr-r1o Penang, on behalf of the Honourable English East India Conpany, as a token of lasting alliance and friendship which can never be changed so long as the Sun and Moon shall endure, in oider that friendship and union may be prolonged, and continue from this day forth for ever. Article i

His Majesty the King of Perak hereby agrees to fix the boundary between the States of Perak and Salangore at the River Bernam, and there shal1 be no encroachnent on either side; and His Majesty engagesnot to interfere in the government of Salangore, nor will he send any arnament into that country; the subjects of Perak, however, being permitted to proceed thither for comnercial purposes, conforming to the established rules and customs of other traders there frequent ing . Article ii

With respect to the Agreemententered into between His Majesty the King of Salangore and Mr John Anderson, Agent to the Honourable Robert Fullerton, Governor of Pulo Penang, providing for the removal of Rajah Hassan from the Perak Country and its dependencies, the King of Perak is well pleased with this Agreement, and he engagesnot to receive Rajah Hassan, nor permit him to lretulln to any part of the Perak territory. His Majesty the King of Perak also engages that he will not grant a monopoly or entrust the collection of the revenues in future to any other, in order that there may be no further disturbances in the country, and he has hereby fixed the Duty on the tin exported from the Perak Country, at 6 Dollars per bahr, in order that the commerceof the kingdom nay be thrown open and extended; that population may be increased; that all traders may be encouraged.to resort to Perak, such as the subjects of the English Government, the Siamese, Salangore, and others, and that they may be enabled to carry on an intercourse with

375

ease and satisfaction, and be at liberty to resort to all the ports, settlements, and rivers within the State, to trade without any interruption for ever. T h i s E n g a g e m e n ti s h e r e b y m a d e , a n d t o i t i s a f f i x e d , as a token of its validity, the chop of His Majesty the King of Perak, and it is delivered to Mr John Anderson, Agent to the Honourable Robert Fullerton, Governor of Pulo Penang. This paper, written on the 6th day of September, 1825, o f t h e E n g l i s h y e a r , a n d o n t h e 20th day of Mohurrum, Monday in the year of the Hegira, t24L. Seal of the Ruler of Perak. True Copy. Signature J.W. SALI,{OND, Resident Councillor, Prince of Walesr Island

376

PERAK REATY f 18 0ctober, T o Low's First Treaty:

1826 (i)

Cession of the Dindings3

Engagementof Paduka Sri Sultan Abdullah Ma-Alum Shah, son of the deceased Jumma1oollah, and Supreme Ruler over the Perak Country, made and delivered to Captain James Low, Agent of the Honourable Robert Fullerton, Governor in Council of Prince of Walesr Island, Singapore, and Malacca, and which is to be everlasting as the revolutions and endurance of the Sun and the Moon. The Sultan, who governs the whole of the Perak Country and its dependencies, has this day, in the month and year herein specified, given over and ceded to the Honourable the East India Companyof England, to be under its government henceforward and for ever, the Pulo Dinding and the Islands of Pangkor, together with all and every one of the Islands which belonged of old and until this period to the Kings of Perak, and which have been hitherto included within the Perak State, because the sai"d Islands afford safe abodes to the pirates and robbers, who plunder and molest the traders on the coast and the inhabitants on the mainland, and effectua1ly deprive them of the meansof seeking subsistence, and as the King of Perak has not the power or means singly to drive out those pirates. For these reasons the King of Perak, has, of his own free will and pleasure, ceded and given over as aforesaid, the Islands as aforesaid, to the H o n o u r a b l e t h e E a s t I n d i a C o m p a n y ,t o b e k e p t a n d g o v e r n e d by them, and to be placed under any one of their governments, as they may think fit. T o t h i s d e e d ,a s t o k e n s o f i t s v a l i dity, have this day been put the great seal or chop of the ruler of the Perak Country, Paduka Sri Sultan Abdullah MaAlum Shah, together with the chops of the Chief Ministers of His lr{ajestyrs government.4 This Deed is made and written this Sixteenth day of R a b i a l - a w a 1 , W e d n e s d a y ,1 2 4 2 , o r t h e E i g h t e e n t h d a y o f October, in the year 1826. SeaI of the Ruler of Perak. Seals of the Perak Chiefs.

A True Copy.
q

Signature

JAMESLOW, Captain" Political Agent to the Governor of the Straits Settlements.

377

True Copy. Signature S. GARLING, Resident Councillor, Malacca.

378

PERAK REATY f 18 October, 1826 (ii) T o Low's SecondTreaty: Exclusion of Siam6

Engagement ntered into between His Majesty Paduka Sri e Sultan Abdulla Ma-Alum Shah bin MurhoomJurnrnal-0o11ah,Supreme and Rightful Ruler over all and every part of the Perak Country, and Captain Janes Low, Agent to the Honourable Robert Fullerton, Governor of Pulo Penang, Singapore and Malacca, on behalf of the Honourable the East India Company, whereof copies have been interchanged, and which is to be everlasting as the Sun and the Moon. Moreover, it is a token of lasting friendship and alliance to exist between t h e H o n o u r a b l e t h e E a s t I n d i a C o m p a n ya n d t h e K i n g o f P e r a k , and between the King and the Honourable Robert Fullerton. Article 1st

His Majesty the King of Perak, of his own free will and pleasure, hereby engages, that he will adhere to the stipulations respecting the boundaries of Perak and the settlement o f o t h e r p o i n t s w h i - c hw e r e m a d e w i t h t h e R a j a h o f S a l a n g o r e by Mr John Anderson, Agent to the Honourable Robert Fullerton, Governor of Pulo Penang,&c., and also to a1l the stipulations contained in the Engagement hich His Majesty rnade w with the said Mr John Anderson, dated the 20th day of Mohurrum, Monday, in the year of the Hegira, I24I, al1 of which deeds are here declared to be fixed and unalterable. Moreo v e r , H i s N 4 a j e s t yn o w e n g a g e s t h a t h e w i l l n o t h o l d a n y c o m nunication or intercourse with the Rajah of Siam, or with any of his chiefs or vassals, or with the Rajah of Salangore, or any of his chiefs or vassals, which nay or can have reference to political subjects, or to the administration of h i s g o v e r n n e n t a n d t h e n a n a g e m e n to f h i s c o u n t r y o f P e r a k . H i s M a j e s t y w i l l n o t c o u n t e n a n c ea n y o f h i s s u b j e c t s w h o nay connect themselves with, or league or intrigue with, t h e S i a m e s eK i n g , o r w i t h a n y o f h i s c h i e f s o r v a s s a l s , o r with the Rajah of Salangore, or any of his chiefs or vassals, or with any other Sianese or Malayan people, by which the country of Perak can in any degree or manner be disturbed, a n d t h e G o v e r n r n e n to f H i s M a i e s t y i n t e r f e r e d w i t h . Article 2nd

His Majesty the King of Perak will not give or present the bunga mas, or any other species of tribute whatever, to the Rajah or King of Siam, or to any of his governors or

379

vassals, nor will he give or present such to the Rajah of Salangore, or to any other Sianese or Malayan people henceMoreover, His Majesty will not reforward and for ever. ceive or permit to enter into his country of Perak, from the Rajah or King of Siam, or from any of his governors or chiefs, at Perak for the purany ambassadors or armaments arriving in any matters, or interfering pose of arranging political way in the affairs and administration of the country of In like mannerhe will not receive into his country Perak. e m b a s s i e s o r a r m a m e n t ss e n t b y t h e R a j a h o f S a l a n g o r e , o r b y any other Sianese or Malayan people; nor will he receive any patty frorn any of the people, Rajahs, or countries here specified into his country, should its strength even consist of no more than thirty men, nor will he a11ow the least numBut all persons of every country ber to enter his country, wi11, as heretofore, have free permission to trade unmolested to any port in the Perak Country, provided they do not interShould parties or annanents of the fere in its affairs. description above stated arrive in the Perak Country from any one of the countries, or Rajahs, Governors, or Chiefs, or people above specified, ot should any of the said Rajahs, Governors, or Chiefs league with subjects of the King of in any Perak, in order to disturb his country and interfere way in his government, then, in any such case or cases, His Majesty will re1y, as he now relies, and in all future times will re1y, on the friendly aid and protection of the Honourable the East India Company, and of the Honourable the Governor in Council of Pulo Penang,&c., &c., to be manifested in such a manner and by such means as may to them seem most exDedient. Article Srd

Captain Janes Low, as Agent for the Honourable the Governorin Council of Prince of Walesr Island, 6c., 8c., engages that if His Majesty the King of Perak will faithfuLly adhere to and perform all and each of the stipulations contained in this Engagement s above specified, then His lr{aja esty shal1 receive the assistance of the British in expelling from his country any Siamese or Malays as above stated, who, as also above, specifiedt frdy, at any time, enter the Perak Country with political views, or for the purpose of interfering in any way with the government of His Majesty. But if His Majesty shaI1 fail to perform all and every Article o f t h i s h i s E n g a g e m e n t ,b i n d i n g o n h i m , t h e n t h e o b l i g a t i o n on the British to protect him and to assist him against his enemies will cease, and he will lose the confidence and friendship of the Honourable the Governor in Council of Pulo Penang, Gc. &c., for ever.

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T h i s E n g a g e m e n t ,w h i c h H i s M a j e s t y h a s v o l u n t a r i l y , entered into, has received as and with great satisfaction, marks of its valLdity the chop or seal of His Majesty, and the seal and signature of the Agent, Captain James Low, together with the chops of the Ministers of Perak, who are w also parties in this Engagement ith the Agent, and it is delivered to the said Agent to remain as an ever-enduring memorial of alliance and friendship between the King of Perak and the British. This paper, written on the Eighteenth day of October, L826, of the English year, and on the Sixteenth day of Rabiala w a l W e d n e s d a y ,i n t h e y e a r o f t h e H e g i r a , 1 2 4 2 . Seal of the Ruler of Perak. Seals of the Perak Chiefs. S e a l a n d s i g n a t u r e o f J A M E SL O W( C a p t a i n ) , Agent to the Governor of the Straits Settlenents. A True Copy Signature JAMESLOW

A True Copy Signature S. GARLING, Resident Councillor, Malacca.

381

PERAK DOCUMENT 25 October, of Sultanrs Letter to Lowi

1826

After compliments. - He who governs perak, paduka Sri Sultan Abdullah Ma-AlumShah, desires to nake known to his friend, Captain James Low,Agent to the Honourable Robert Fullerton, Governor in Council of prince of Walesr Island, Malacca, and Singapore, with relation to the subjects on which His Majesty and the Agent have already conferred. lst. That His Majesty will cone down the river to stay at Kotah-Loomott, where he will build a Fort of proper strength, and assign a competent number of soldiers for its protection and his own, in order that all enemies and pirates may be kept at a distance, and these men will be well irmed, and will be maintained by His Majesty as a standing force, to be at all times ready for defence, and to obey his orders; and for the temporary accommodation of any British officer, who may be sent to visit him, His Majesty will direct that a small house be built opposite to his own residence. 2nd. His Majesty will keep a prow always ready to convey information of irnportance to Pulo Penang, and will further, without de1ay, take measures for opening a communication overland, between the Perak River and the Krean River, and thence to Pulo Penang. 3rd. The Laksamanaand the Shabunder will be forthwith down to reside at Quala Bidor, at the spot where Rajah sent Hassan formerly posted hlmself, and these two persons wi11, by His Majestyts orders, erect a Fort there, and will collect tire population and settle the country in that direction, and those p"rsons trading at Pelak will be encouraged and plotected, according to ancient custom. 4th. His Majesty will speedily seize o'r expel the head officers now residing at Kurow' at Laroot, at Trong, at singkang, and at Bruwas, who may have connected themselves witi piiates or robbers, and will give warning to the people there, that should they let pirates or robbers remain anongst them, and should any English come there front Penang i-n search of pirates, the innocent might in that case suffer with the gui 1ty . Sth.AlltraderstoallpartsofPerakwillbecheri= shed by His lr{ajesty, and their traffic will not be delayed,

382

but every meanswill be afforded for a speedy settlenent of a c c o u n t s b e t w e e n b u y e r a n d s e l 1 e r , a n d H i s l r , l a j e s t yw i l l c o erce any of his subjects, or others, should their conduct require harsh measures, to cone to a speedy settlement of accounts with traders to Perak, and to prevent their distressing such in any way. 6th. Hl-s Majesty the King of Perak will drive out of his countTy any person convicted of having carried off clandestinely, or by force, fron any British possession, any subject of, or person living under, the British Government; and should any person so carried off be discovered, His Majesty will detain that person and give inforcmation to the Honourable the Governor of Pulo Penang, in order that such mischievous practices may be who1ly prevented. 7 t h . W h e nt h e c o u n t T y h a s a g a i n g o t s e t t l e d , H i s M a j e s t y w i l l d i r e c t h i s p e o p l e t o s o w a b u n d a n c eo f r i c e a n d grain, and rear as much poultry and as tnanycattle as possible, in order that his people, and those residing under the British Government,fr?y receive nutual advantage. 8th. His Majesty intends to appoint, and will appoint a properly qualified person to superintend the collection of Duties on exports, such as tin and other rnerchandize. Should any trader, a subject of His Majesty, arrive at a British port, and not be able to show a port clearance, the samewill be forfeited according to custom. 9th . IIis lt{ajesty wishes to establ ish schools in his country, and will be happy should his friend, Captain James Low, assist him by sending a well-ski11ed school-rnaster from Pulo Penang, and should His N{ajesty send any child or chi.ldren to Pulo Penangto be educated in all the requisite branches of knowledge, he hopes that such child or children will be favourably received and treated. All these things His Majesty agrees to with the greatest satisfaction. This paper, dated the 23rd day of the month Rabi-alawa1, on l{ednesday, the 25th day of October, in the year r6zo. A True translation Signature of coDy. JAMESLOW(Captain), Political Agent to the Governor of the Straits Settlements

383

True copy. Signature S. GARLING, Resident Councillor, MaIacca.

FOOTNOTES Provenance: J. Anderson, PoLttical and Conrnez'ctal Thi-s Considez'ations ... &e., 1824, Appendix xix. version is virtually identical with that in M.& G. A slightly variant version taken from the Straits S e t t l e m e n t s r e c o r d s i s p u b l i s h e d b y C . D . C o w a ni - n "Ear1y Penangand the Rise of Singapore, 1805-1832", J M B R A SX X I I I , i i ( 1 9 5 0 ) . ,
2

P r o v e n a n c e :M . 6 G . , p p . 2 2 - 2 3 . P r o v e n a n c e :M . & G . , p . 2 3 . It is of interest, in view of the i-mportancelater attached to the point, that this is the first British Treaty with Perak signed by the Chiefs as well as the Ruler. In the absence of the original, however, we do not know which Chiefs. It is to be presumed (since it is stated in the text) t h a t a l l t h e P e r a k T r e a t i e s i n t h e 1 8 1 8 - 1 8 2 6p e r i o d were sealed by the Ruler; and we have recorded the seals accordingly: but the copy from which this is taken appears to be one kept in the Straits and guaran- Low, Anderson teed by at least one Straits official - as a true translation, and not Garling or Salmond bearing the seals themselves. P r o v e n a n c e :M . & G . , p p . 2 4 - 2 6 ; s e e a l s o A i t c h i s o n , Treaties, I, pp.408-411. P r o v e n a n c e :M . & G . , p p . 2 6 - 2 7 .

3
A

384

Note on the Perak Treaty of 1874

The signing of the Perak Treaty of 1874, known as the Treaty of Pangkor, is regarded as a turning-poi-nt in Malayan history. The British colonial authorities as well as Malays at the time, and virtually all historians since, have identified it as the beginning of the period of British colonial rule in the Malay Peninsula. Although Britain had intervened previously and sometimes significantly, in the internal affairs of Malay States, it was by this treaty that she was first committed to a policy of regular intervention in p r a c t i c a l l y a l l m a t t e r s - a n d m a d eh e r s e l f , i n d e e d , v l r t u a l l y solely responsible for the government of the State. Sinilar treaties with other States began to follow almost at once. The Pangkor Treaty, in fact, initiated British intervention on the grand sca1e, and was the formal model for subsequent treaties with most other mainland Malay States. The origins of the PangkoT* Treaty have been examined in a great number of publications^ and, although writers may differ in the importance they ascribe to the diverse causes of British intervention or in the signifi"cance they attribute to the respective roles of London and 1ocal officials in this policy, the main thenes are now well known and require o n l y a b r i e f s u m m a r yh e r e . In 1867 the Colonial Office took over fron the India Office the responsibility for the Straits Settlements. Although they retained the policy of non-intervention in the hinterland, officials i n L o n d o n c a r n et o r e c o g n i s e w h a t t h e Straits comnunity had long foreseen: that civil disturbances in the Malay States - where traditional political systems were disintegrating under the pressures of immigrant Chinese miners and wealthy Straits merchants - threatened the peace and prosperity of the Straits Settlements. In addition it was felt that the potential wealth of the mainland merited firm but cautious expansion. It was, however, the supposedly growing interest of other powers (notably Gernany) which finally convinced London of the necessity to consolidate Britainrs position in the Peninsula. Although the Colonial Office had little faith in their first Governor, Sir Harry Ord (1867-73), they instructed his successor, Sir Andrew Clarke (1873-75), to seek and report some formula (perhaps, suggested the Secretary of State, a British Resident) whereby Britain might contribute to the restoration of law and order in the west.coast States. In Perak the succession to the Sultanate was disputed For footnotes see p.388 385

R i v a l c l a i m a n t s w e r e : R a j a I s m a i l ( w h o s ec l a i m b y b i r t h was slight but who had been appointed by the Chiefs); Raja Abdullah (whose clain by birth was better, but who had very f e w s u p p o r t e r s a m o n gt h e c h i e f l y e l e c t o r s ) a n d R a j a Y u s o f (whoseclaim by birth was the best, but who had been deliberately passed over in two elections). Raja Abdullah appealed to Clarke, who, acting on the basis of the 1826 Perak T r e a t y ( q . u . ) s a i l e d i n a n d s i g n e d , w i t h a s o r n e w h a tr a n d o m c o l l e c t i o n o f c h i e f s h u r r i e d l y s u m r n o n e da r a p i d l y - c o n c o c t e d , agreenent designed to settle the succession on Raja Abdul1ah, rein in the Mantri of Larut, rectify the boundaries of the Dindings and Province We1les1ey, and, most important, provide for the appointment of a British Resident. Although a certain amount of coercion attended the signing of the treaty, although nelther Raja Isrnail nor Raja Yusof had the opportunity to be present, and although Clarke overstepped his instructions by negotiating a tTeaty before consulting his masters, London ratified the Pangkor Treaty unquestioningly. The haste with which this treaty was concluded can be d i - s c e r n e d i n i t s l o o s e a n d s o m e w h a tc o n t r a d i c t o r y t e r m i n o 1ogy. There was, for instance, some later controversy about the Dindings border i-n spite of the fact that Clarke at Pangkor had set out to clarify the position. Another problem concerned the clain of the Mantri to be independent Article iv recognised I'the power given Ruler of Larut. lto him] over Larut" but Clarke, unlike his predecessor, specifically refused to accept that the Mantri was independent of the Perak Sultan. The Mantri hired a lawyer to put his case before the British Parliarnent but dropped it at the insistence of Abdu1lah, who was by then the Sultan.2 But the main controversy which arose from the Pangkor Treaty Even in centred on the question of the Residentrs powers. the English language these are obscure: while Article vi laid down that the Residentts "advice must be asked and acted upon on all questions other than those,touching Malay Religion and Customr', Iet Malay custom (ad-at) covered virtually all law and the Islamic religion could be interpreted as embracing a good deal nore. Again, although executive powers were not specifically given to the Resident, nevertheless they were implied in the clause (Article x) authorising him to collect and control aLl revenues and stating that "the general administration Ishould] be regulated under lhis] advice". Confusion is further compoundedby the translation of the document into Malay. T h e e n g a g e m e n tw a s f i r s t d r a w n u p i n E n g l i s h b y T h o m a sB r a d d e l l ( A t t o r n e y G e n e r a l t o t h e

386

Straits Government)and then tTanslated into Malay by Munshi Mohamed aid and Frank Swettenhan.3 Although boih versions S were signed and sealed by the various parties, the original Malay text has not survived. However, in 1951M,A. Mallal located a Jawi version of the treaty which purported to be I'a true copy written by the late Sultan Idris himself".4 If the Sultan Idris version is indeed a correct copy of the original - and there is certainly doubt on this score - then it is arguable that the Malay original seriously mistranslated the phrase concerning the relationship between Ruler and Resident. For, that sense of compulsion conveyed by the English version of Article vi - the Residentrs "advice must be asked and acted upon ..." - is scarcely conveyed in Malay by mau (ot mahu) which may meanvolition or may simply indicate futurity. Moreover, in the unofficial l t 4 a l a yt r a n s l a tion of the English version (as the latter appeared in the S'ingapore Daily Neus) Muhamrned Ibrahinr employed the word hendak which, like mau in the "Idris version", suggests that the Ruler should do as the Resident advises in all matters except those concerning Malay religion and custom but again fails to convey a sense of obligation. The reason for this ambiguity might 1ie not just in hasty and careless tTanslation nor even in calculated deception but rather in the deference due to a Malay Ruler. It would be unthinkable, impossible even, in Court Malay to say that a Sultan must do anything, let alone take advi-ce, and no Malay interpreter would dare to suggest that he should. Only in one Malay (Jawi) copy does the word mesti (must) appear in Article vi. T h i s v e r s i o n b y W a nA b d u l K a r i m (clerk to the Tengku Temenggong adukaRaja of Perak, Kuala P K a n g s a r ) i s t o b e f o u n d a m o n gt h e p a p e r s o f R a j a H a j i K a m a r a l z a m a n ,R a j a d i - H i 1 i r o f P e r a k , i n t h e A r k i b N e g a r a , M a l a y s i a . In sum, it is highly unlike 1y that the Malay version, to which Perak Rulers made reference, conveyed the same definition of the Residentrs tole as was explicit in the English version, although, of course, we have Clarkets word that at Pangkor the terms of the treaty were explained and fully understood by all. that what was Clarke himself maintained officially signed at Pangkor was not a treaty between Perak and Great Brj-tain but an agreement entered into by the Perak Chiefs regarding the problems of Perak after a meeting ca1led and supervised by himself at their request under the terms of This cannot have fooled anyone and the Second 1826 Treaty. in his confidential correspondencewith London he made it clear that he realised the ful1 sisnificance of his act.

387

Sir Frank Swettenhan appears to have fathered another official myth about Pangkor when, conmenting on the fate of the first Resident, he wrote of "people who invited us to send them a teacher, and then, havilg obtained the real end they sought, murdered their guest".o The notion that the Malay Rulers had "invited [the British] to set their troubled houses in order" was repeated by Clifford in his inaugural speech to the Federal Council in 1927 (see p.76 ) and occurs frorn time to tine throughout the colonial period. But undoubtedly the majority of informed inhabitants in Singapore and in Perak itself were fairly clear from the start about just what had really happenedat Pangkor. London having accepted that somedegree of pernanent British control over the States between Kedah and Johore was necessary, the Governor had taken advantage of a letter from a disappointed candidate for the throne (Raja Abdullah may well have been prompted to write it by Straits comnercial interests, and Clarke in turn may possibly have been influenced in his choice of Ruler by a Chinese Secret Society's preference), and, under the disguise of a treaty or agreement, had asserted Neither the Governor a ful1 British protectorate in Perak. nor hi-s Singapore advisers intended that the fact that British rule was based on a treaty rather than conquest or uniproc)-amation should in any way lirnit Britainrs lateral authority in the State. The Malays for their part were probably by the time the treaty was signed in little doubt about ultimate British intentions, but understandably took seriously the terrns of the treaty liniting Britain's rights and resented the actions of the first British Resident, J . W . W . B i r c h , w h o , i n t h e i r v i e w , t T a n s g r e s s e dt h e t r e a t y and ignored their own rights. After the 1875 Perak War, which followed Birch's assassination, that State appeared much rnore like a captured country although a certain insistence (which was less perceptible in the cases of Selangor a n d S u n g e i U j o n g , s e e R o b i n s o n t s r n e n o r a n d u mf 1 8 7 9 p . 2 3 ) o remained that Perak was not yet British. Later, and particularly after Federation in 1896, the terms of the Pangkor Treaty once again becarne a major bone of contention between Perak and her colonial rulers.

FOOTNOTES 1. Eg C.N. Parkinson , ari.tish Interuenti.on in Malaya, 1B67-77, Singapore, 1960; C.D. Cowan,Nineteenth-Century MaLaya, London, 1961. R.0. Winstedt, I1alayaand tts Ht,stony, London, 1962, pp. 6s-66.

2.

388

F.A. Swettenham, Footprints in I'4alaya, London, 1942, p. 33. S e e M . A . M a 1 1 a 1 , I ' J . W . W .B i r c h ; c a u s e s o f h i s a s s a s s i n a t i o n ' r , u n p u b l i s h e d l v l At h e s i s , U n i v e r s i t y o f M a l a y a , 1952, pp.205-6 & p.284. See also Peniniau Seiarah, f , i ( J u 1 y 1 9 6 6 ), p p . 5 1 - 6 0 .
q

See Kesah Pelayaran, Johore, 1956, pp.78-80. The ReaLMaLay, London, 1900, p.32.

6.

389

PERAK of 20 January, I874 TREATY .* Treaty of Pangkor^

W h e r e a s , a s t a t e o f a n a r c h y e x i s t s i n t h e K i n g d o r no f Perak owing to the wAnt of settled government in the Country, and no efficient power exists for the protection of the people and for securing to them the fruits of their industry, and, Whereas, large numbers of Chinese are enployed and large suns of money invested in Tin mining in Perak by British subjects and others residing in Her Majesty's Possessions, and the said mines and property are not adequately protected, and piracy, murder and arson are rife in the said country, whereby British trade and interests greatly suffer, and the peace and good order of the neighbouring British Settlenents a r e s o m e t i m e sm e n a c e d , a n d , Whereas, certain Chiefs for the time being of the said K i n g d o mo f P e r a k h a v e s t a t e d t h e i r i n a b i l i t y to cope with the present difficulties, and together with those interested in the industry of the country have requested assistance, and, 'Ireaty W h e r e a s , H e r M a j e s t y r s G o v e r n m e n ti s b o u n d b y S t i p u l a t i o n s t o p r o t e c t t h e s a i d K i n g d o ma n d t o a s s i s t i t s rulers, now, H i s E x c e l l e n c y S i r A n d r e wC l a r k e , K . C . M . G . , C . B . , Governor of the Colony of the Straits Settlements, in compliance with the said request, and with a view of assisting the said rulers and of effecting a permanent settlement of affairs in Perak, has proposed the following Articles of arrangernentsas nutually beneficial to the Independent Rulers of Perak, their subjects, the subjects of Her Majesty, and others residing in or trading with Perak, that is to say:I. First - That the Rajah l{uda Abdullah be recognised as the Sultan of Perak. IL Second - That the Rajah Bandahara Ismail, now Acting Sultan, be allowed to retain the title of Sultan Mudawith a pensi-onand a certain small Territory assigned to him. III. Third - That all the other nominations of great Officers made at the time the Rajah Bandahara Ismail received the regalia be confirmed. _ * Fot footnotes see p.392

390

IV. Fourth - That the power given to the 0rang Kayah Mantri over Larut by the late Sultan be confirrned. V . F i f t h - T h a t a l l R e v e n u e sb e c o l l e c t e d appointnents made in the name of the Sultan. and all

VI. Sixth - That the Su1tan receive and provide a suitable residence for a British Officer to be ca1led Resident, who shall be accredited to his Court, and whose advice rnust be asked and acted upon on all questions other than those touching Malay Religion and Custom. VII. Seventh - That the attached to him as Assistant acting under the Resident of subordinate only to the said Governor of Larut shall have Resident, a British Officer Perak, with similar power and Resident.

VIII. Eighth - That the cost of these Residents with t h e i r E s t a b l i s h m e n t s b e d e t e r m i n e d b y t h e G o v e r n m e n to f t h e Straits Settlements and be a first charge on the Revenues of Perak. IX. Ninth - That a Civil I;ist regulating the income to be received by the Sultan, by the Bandahara, by the Mantri, and by the other Officers be the next charge on the said Revenue. X. Tenth - That the collection and control of all Revenues and the general adrninistration of the country be regulated under the advice of these Residents. XI. Eleventh - That the Treaty under which the Pulo Dinding and the islands of Pangkor were ceded to Great Britain having been misunderstood and it being desirable to readjust the same, so as to carry into effect the intention of the Framers thereof, it is hereby declared that the Boundaries of the said Territory so ceded shall be rectified as follows, that is to say:From Bukit Sigari, as laid down in the Chart Sheet. No. 1 Straits of Malacca, a tracing of which is annexed,z marked A, in a straight line to the sea, thence along the sea coast to the South, to Pulo Katta on the West, and fron Pulo Katta a line running North East about five miles, and thence North to Bukit Sigari. XII. Twelfth - That the Southern watershed of the Krean River, that is to say, the portion of land draining into that River frorn the South be declared British Territory, as a rectification of the Southern Boundary of Province Wellesley Such Boundary to be marked out by Conmissioners; one named by the Governnent of the Straits Settlements, and the other by the Sultan of Perak.

391

XIII. Thirteenth - That on the cessation of the present disturbances in Perak and the re-establishment of peace and amity among the contending factiors in that Country, inmediate neasurles under the control and supervision of one or more British Officers shall be taken for restoring as far as practicable the occupation of the Mines, and the possession of of Machinery, &c., as held previous to the comilrencement these disturbances, and for the payment of compensation for damages, the decision of such officer or officers sha1l be final in such case. XIV. Fourteenth - The Mantri of Larut engages to acknowledge as a debt due by him to the Government of the Strai-ts Settlenents, the charges and expenses incurred by this investigation, as well as the charges and expenses to which the Colony of the Straits Settlements and Great Britain have been put or may be put by their efforts to secure the tranquility of Perak and the safety of trade. The above plained to the have severally thern and their Articles having been severally read and exundersigned who having understood the same, agreed to and accepted thern as binding on Heirs and Successors.

This done and concluded at P u l o P a n g k o r i n t h e B r i t i s h P o s s e s s i o n s , t h i s T w e n t i e t h d a y of January, in the year of t h e C h r i s t i a n E r a , o n e t h o u s a n d eight hundred and seventyfour. Executed before me, A N D R E WL A R K E , C Governor, Cornmander-in-Chief, and Vice-Admiral of the Straits Settlements Chop of rr rr rr I' fr I' rr the rr rr I' ' rr rt rr Sultan of Perak. Bandaharaof Perak. Tumongong f Perak. o Mantri of Perak. Shahbander of Perak Rajah Mahkota of Perak. Laxarnana f Perak. o D a t o h S at g o r .

FOOTNOTES 1. 2. P r o v e n a n c e :M . 6 G . , p p . 2 8 - 3 0 . See Clarke to Kimberley, 26 Jan.7874, enclosure 9, P.P., c.1111.

392

Note on the Perak Treaty of 1934

The Dindings, ceded tc Britain by Perak in 1826 and again in 1874 (see Perak Treaties of 1826 (i) and 1874), had never been of much value to her; and long before 193.i they were if anything rather a nuisance, necessitating as they did customs posts and extra circuits for the Colony's magisAt trates without producing any compensatory advantages, least three tirnes (1899, 1904 and 1912) Governors suggested that the Dindings should be retroceded to Perak, to whose Ruler the exclusion of this part of his ancestral territory was always a source of some irritation. On more than one occasion the Secretary of State, though himself convinced of the advantages of retrocession, decided against acting because of the necessity of persuading Parliarnent to approve a diminution of British territory. Eventually, as a result of Governor Clementirs efforts it was agreed to restore the territory to Perak, and this was done, with Parliamentary approval, on 16 February 1935.

393

PERAK TREATY of 6 June, I9S4

t:k

Retrocession of the Dindingsr

Agreementmade between His Excellency Andrew Caldecott, Esquire, C.M.G., C.B.E., Officer Administering the Government of the Colony of the Straits Settlements, on behalf of His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and His Highness the Sultan of Perak. Whereas by Agreernent signed on the 18th October 1826 and 20th January 1874, to which His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, hereinafter styled His Majesty, and His Highness the Sultan of Perak, hereinafter styled His Highness, are parties, the territory therein defined and known as the Dindings, formerly a part of the State of perak, was ceded by the Rulers and Chiefs of Perak: And whereas His Majesty, in token of the friendship which he bears towards His Highness, is willing that the said territory shall once again form part of the State of Perak: It is hereby agreed as follows:

1. His tlighness shall as from the date of the entry into force of this agreement have full sovereign rights and title over the territory of the Dindings and such territory shall once more form part of the State of Perak. 2. Nothing in this agreement shall operate to affect the nationality of any persons domiciled or ordinarily resident in the territory of the Dindings at the date of the entry into force of this agreement. 3. A11 treaties and agreements applicable to the State of Perak at the date of entry into force of this agreement shall thenceforward apply to the territory of the Dindings. 4. A11 rights to property which private persons or corporations have acquired in the territory of the Dindings at the date of entry into force of this agreement shall be maintained and all such persons or corporations shall retain their property, provided that in the place of the titles to immovableproperty possessed by such persons or corporations * For footnote see p.396

394

at that date there shal1 be substituted documentsof title issued in accordance with the 1aw in force in Perak and conveying as nearly as may be the same rights in such property. 5. The Government of Perak w i l l p a s s s u c h l e g i s l a t i o n as may be necessary to make the law of Perak appli-cable as from the date of the entry into f o r c e o f t h i s a g r e e m e n t t o the territory of the Dindings. 6. The Government of Perak wi"ll pay to the Governrnent of the Straits Settlements the sum of $86,850 (do1lars eighty-six thousand eight hundred and fifty) in respect of the buildings, bridges, roads or other immovableproperty o f t h e G o v e r n m e n to f t h e S t r a i t s S e t t l e r n e n t s i n t h e t e r r i tory of the Dindings. 7. This agreenent shall enter into force three months after the date on which an Act of the Parliament of the U n i t e d K i n g d o mo f G r e a t B r i t a i n a n d N o r t h e r n I r e l a n d a p p r o v ing the agreenent has been passed into law. His Excellency the Governor of the Straits Settlements will inform His Highness of the date on which the said Act passes into law. In witness whereof, His Excellency Andrew Caldecott, Esquire, C.M.G., C.B.E., and His Highness Sultan Iskandar Shah, G.C.M.G., K.C.V.0., ibni al-Marhun Sultan Idris Rahrnatullah Shah have set their respective seals and signatures. Dated at Singapore this Seal and signature of sixth day of June 1934

A. CALDECOTT, Acting Governor of the Straits Settlements.

Witness

G.L. HAM, Acting Colonial Secretary of the Straits Settlements. R.A. ISKANDAR, Sultan of Perak.

Seal and signature of Witness

G.E. CATOR, British Resident Perak.

395

FOOTNOTE Hansardts Repont on Py'oeeed.tngs t-n the House of Conrnons, 7934, 884-886, Chapter 55, reads: "hhereas by an Agreementmade, subject to the approval of Parliament, on the sixth day of June 1934 (being the agreement set out in the schedule to this Act) provision is made for the cession by His Majesty to His Highness the Sultan of Perak of the territory known as the Di,ndings, formerly part of the State of perak: And whereas it is expedient to give such approval: 1. The approval of Parlianent is hereby given to the agreement set out in the Schedule to this Act, and it shall be lawful for His Majesty to do everything that appears to His Majesty necessary or proper for carrying that agreement into effect. 2. This Act may be cited as the Dindings Agreement (Approval) Act, 1934.'' (The word Approual in the last sentence is misprinted Approued in Hansard but has been corrected by the Clerk of the House of Commons,to whomwe are indebted for his help in this matter). The text as printed above follows.

396

Note on the Perak Treaty of 1945

For a general note on all the MacMi-chael Treaties, N o t e o n J o h o r e T r e a t y o f 1 9 4 5, p . I I 7 .

see

Sultan Abdul Aziz of Perak had been recognised by Britain at the time of his accession in 1938. According to himself he was rrquite unable to attempt to give any help to the Malay resistance (to the Japanese in occupation) which had been planned from Ceylon because a Japanese co1one1, v'ho lived with him in the t,stana kept a constant watch on his Macevery movement nd dined with him every night ...."1 a Michael, however, later declared him "guiltless of any conduct which could be regarded as criminally blameworthy't during this period and "in fact ... basically 1oya1 to the It is not stated, however, that MacBritish connection".2 Michael informed him that he had been thus cleared when he visited hirn between 20 and 22 Novernber, 1945. At the time of signing the Sultan is reported to have handed Macand Michael a menorandumcontaining a number of criticisms reservations about the constitutional scheme, but no details nor of the protest subsequently telegramof this mernorandum ned to the Colonial Office (reported in the Stz,aits Times, 5 February 19a6) are yet known. 0n 27 February it was reported that a meeting of the "Perak Malay League" (sc. Pez,ikatan Melayu Per.ak) resolved to ask the Ruler for an explanation of the reasons which induced him to sign the Treaty From late February or and to send a delegation to London. early March both the Ruler of Perak and the Pertkatan Melayu Per.ak appear to have been working in harmony with Onn and the Pan-Malayan lulalay Congress, and i-t was in Kuala Kangsar that all the l4alay Rulers net on 15 April (on1y the Sultan of Johore, who was in London, being absent), again in early May (where they evidently swung Gent around to their view t h a t t h e U n i o n s c h e m ew a s i n p o s s i b l e ) a n d a g a i n l a t e r t h a t month, when a settlement finally came into view.

FOOTNOTES 1 2 T D. Holman The Gv,een orture, , London 1962, p. I83. ,

Sir Harold MacMichael, Repov.t on a Misston to Malaya, )ctobez. 7945-January 1946, Colonial Office no. I94, 1946, para. 7 .

397

PERAK TREATY of 22 November, 1945

l*

MacMichael TreatyA g r e e m e n t b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i i " r t t , e United Kingdon of Great Britain and Northern Ireland and the State of Perak. W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s B r i t a n n i c Majesty and His Highness the Sultan of the State of Perak: And whereas it is expedient to provide for the constitutional developnent of the Malay States under the protection of His Majesty and for the future Government of the State of Perak: It is hereby agreed between Sir Harold MacMichael, G.C.M.G., D.S.O., the Special Representative of His Majestyrs Governnent within the United Kingdom of Great Britain and Northern Ireland on behalf of His Majesty and His Highness Paduka Sri Sultan Abdul Az's-z l rMuktassim Bil1ah Shah, A K.C.M.G., K.B.E., the Sultan of the State of Perak for hims e 1 f , h i s h e i r s a n d s u c c e s s o r s :His Highness the Sultan agrees that His Majesty sha1l have ful1 power and iurisdiction within the State of Perak. Save in so far as the subsisting agreenents are inconsistent with this Agreement or with such future constitutional arrangements for I'tialaya as may be approved by His Majesty, the said agreements sha11 remain of full force and effect. Signed this Signature 22 day of Novenber 1945. H.A. MACMICHAEL, Special Representative of the British Government.

W i t n e s s D . H E A L E YC a p t a i n , R . A . , Seal and signature R A J AA B D U L Z I Z , A Sultan of Perak.

For footnotes see p.399

398

Witnesses

RAJA YUSSOF, Raj a Nluda of Perak 2 DATO TEMENGGONG.

Seal of the State of Perak

FOOTNOTES A copy, certified correct by Major Leonard Owen, Notary Public, England, is in the Malaysian National Archives.

2.

The National Archives copy gives trTenenggangr, obviously in error.

399

Note gn the Pgrak Trgaty of 1948

As the result of Malay opposition to the l{alayan Union s c h e m ea n d t h e M a c M i c h a e l T r e a t i e s t h e B r i t i s h e n t e r e d i n t o negotiations with the Rulers and leaders of UMNO. These discussions went through several stages between July i946 and early 1948, and, although certain Malay radi.cal and nonMalay groups condemnedas undenocratic both the consultative process and the constitutional proposals, it was decided:(i) to revoke'the Malayan Union Order in Council, 1946, (ii) to replace the MacMichael Treaties by new State Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His Majesty) on 21 January - the day which also saw the conclusion of the Federation of Malaya Agreement (see p .100 ) . of the Crown Under these State Agreementsthe jurisdiction However, was confined to external affairs and defence. bound to accept the advice of the Malay Rulers were still British Advisers (note: the sametitle was adopted by the principal British officials posted to the Malay States) I'on all matters connected with the government of the State other than matters relating to the Muslim Religion and the Custom of the Malayst'. In addition Their Highnesses were now subjected to written constitutions which provided for a (Council of State) and an Executive Council in legislature each State. Up to this time only Johore and Trengganu had p o s s e s s e d w r i t t e n c o n s t i t u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 p . 7 7 a n d T r e n g g a n u D o c u m e n to f 1 9 1 1 p . 4 7 4 ) .

{ { :E
{

r i{
3d)

iE: F*F
> 'i t,

{ - . :g -H

'EY

400

PERAK TREATY of 2I January,

1948

State Agreement revoking the MacMichael Treatyl

Agreenent made the twenty-first day of January, 1948, bet w e e n S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . l v G . , D . S . 0 . , 0 . B . E . , .l M . C . , o n b e h a l f o f H i s M a j e s t y a n d H i s H i g h n e s s P a d u k aS r i S u l t a n A b d u l A z i z A l m u ? t a s i mB i l i a h S h a h , K . C . M . G . K . B . E . , Su1tan of the State of Perak for lli-mse1f and His Successors: W h e r e a sn u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness: And whereas it has been represented to His Majesty that fresh arrangenents should be made for the peace, order and good government of the State of Perak: And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Perak, is pleased to make fresh arrangements to take effect on such day as His Majesty may by Order in Council appoint (hereinafter called " t h e a p p o i n t e d d a y r ' ): And whereas it is expedient to provide for the constitutional development of the State of Perak under the protection of His Majesty and for its future government: Now, therefore, Short title and commencement. it is agreed and declared as follows:

1. Thj-s Agreement may be cited as the Perak Agreement, 1948, and sha1l cone into operation on the appointed day immediately after the coming into force of the Order Notification of in Council aforesaid. the appointed day shall be published in the Malayan Union Gazette together with a copy of this Agreement. 2. In this Agreement: t ' E n a c t m e n t ' rm e a n s a n y 1 a w e n a c t e d b y H i s Highness with the advice and consent of a Council of State constituted in accordance with this Agreement; "Federal Government'r means the Government of the Federation:

Interpretation

For footnote see p.406

401

"the Federatip'n" means the Federation of Malaya to be ca11ed in Ma1ay, rrPersekutuan T a n a h M e l a y u ' r , " ( u h i - c hs t o b e e s t a b l i s h e d i on the appointed day; rrFederation Agreement" means the Agreement which is to be madebetween His Majesty and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendmentthereof; I t t h e H i g h C o r n m i s s i o n e r rm e a n s t h e H i g h r Commissionerfor the Federation; "His Highness" means the Sultan of Perak and His Successors; rrHis Highness in Councilr' meansHis Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily ln such Council assembled; I'Secretary of Staterr means one of t{is M a je s t y r s P r i n c i - p a l S e c r e t a r i e s o f S t a t e . P r o t e c t i o n and external affairs. 3. (1) His Majesty shal1 have complete control of the defence and of all the external affairs of the State of Perak and H i s M a je s t y u n d e r t a k e s t o p r o t e c t t h e Governrnent and State of Perak and all its dependencies from external hostile attacks and for this and other similar purposes His Majesty's Forces and persons authorised by or on behalf of His Majesty's Government shall at aI1 tines be allowed free access to the State of Perak and to employ all necessary means of opposing such attacks. (2) His Highness undertakes that, without the knowledge and consent of His Majestyrs Government, he will not make any treaty, enter into any engagement,deal in or correspond on political matters with, or send envoys to, any foreign State.

402

British

Adviser.

4. His Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on all matters connected with the government of the State other than matters relati-ng to the Muslim Religion and the Custon of the Malays, and undertakes to accept such advice; provided that nothing in this clause shal1 in any way prejudice the right of His Highness to address the High Conmissioner, or His Majesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser with his establishment shal1 be deterrnined by the High Commissionerand sha1l be a charge on the revenues of the State of Perak. 6. His Highness sha11 be consulted before any officer whom it is proposed to send as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawful authority and powers and to perform such lawful functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High Comnissioner, perforn within the State of Perak such State duties and rnay exercise such State powers as may be irnposed or conferred upon him by His Highness in Council or by Enactnent. 9. His Highness undertakes to govern the State of Perak in accordance with the provisions of a written Constitution which sha1l be in conformi-ty with the provisions of this Agreement and of the Federation Agreement and which sha11 be granted and promulgated by tlis Highness as soon as conveniently may be either in whole or, if His Highness thinks expedient, in Parts from time to time.

Cost of Briti sh Adviser.

Appointrnent of British Adviser.

Federal officers

When Federal officers may perform State functions.

State Constitution

403

Councils to be constituted.

10. In pursuance of the undertaking contained in Clause 9 of this Agreement and in conformity with the provisions of the Federation AgreementHis Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be cal1ed in English State Executive C o u n c i1 ; (b) a Majlis MeshuaratNegri, to be called in English Council of State.

His Highness to be consulted before posting of officers by High C o m m is i o n e r s to posts borne on State estinates. Impartial treatment.

11. His Highness, unless he shall otherwise direct, sha11 be consulted before any officer is posted by or on the authority of t h e H i g h C o m m i s s i o n e rt o a n y p o s t b o r n e on the State Estimates.

12. A11 persons of whatsoever race in the sane grade in the service of the State of Perak sha1l, subject to the terms and cond i t i o n s o f t h e i r e r n p l o y r n e n t ,b e t r e a t e d impartial ly. 13. His Highness desires and His Majesty charge agrees that it shall be a particular upon the Government of the State of Perak to provide for and encourage the education and training of the Malay inhabitants of the State of Perak so as to fit them to take a full share in the economic progress, social welfare and government of the State and of the Federation. 74. (1) The Agreementmade on the 22nd d a y o f N o v e m b e r ,1 9 4 5 , b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i n t h e U n i t e d K i n g d o m o f Great Britain and Northern Ireland and His Highness Paduka Sri Sultan Abdul Aziz AII M u k t a s s i mB i l r l a h S h a h , K . C . M . G . , K . B . E . , the Sultan of the State of Perak, for Himself, Hj-s Heirs and Successors is hereby revoked. (2) A11 Treaties and Agreements

Education and training of Malays.

Previous Agreements.

404

subsisting immediately prior to the making of the aforesaid Agreement of the 22nd day of Novenber, 1945, shal1 continue in force save in so far as they are inconsistent with this Agreement or the Federatj-on Agreernent. Sovereignty of the Ruler. 15. The prerogatives, power and jurisdiction of His Highness within the State of Perak shall be those which His tlighness the Sultan of Perak possessed on the first d a y o f D e c e m b e r , 1 9 4 ' J . ,s u b j e c t n e v e r t h e l e s s to the provisions of the Federation Agreenent and thi-s Agreement, but undiminished by the provisions of any of the Agreements specified in the Schedule of this Agreement. 16. This Agreement sha11 both the English and the but, for the purposes of regard shal1 be had only version. be expressed in Malay languages; interpretat ion, to the English

Language of Agreement.

I n w i t n e s s w h e r e o f S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . I ' 1 . G . , D.S.0.,0.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His Highness Paduka Sri Sultan Abdul Aziz Alrnu'tasim Bi1lah Shah, K.C.M.G., K.B.E., the Sultan of the State of Perak, above named, has hereunto set his hand and seal, the day and year first above written. THE SCHEDULE (1) Date of Agreement 1. Ju1y, 1895 (2) Title Agreement between the Governor of the Straits Settlements acting on behalf of the Government of Her Maj esty the Queen, Empressof India, and the Rulers of the following Malay States: that is to say, Perak, Selangor, Pahang and the Negri Sembilan. Agreenrent between the High Conmissioner of the Federated Malay States, acting on behalf o f t h e G o v e r n m e n to f H i s M a j e s t y the King, Ernperorof India, and the Rulers of the Federated

2. 20th October, 1909

405

l r 4 a l a yS t a t e s o f P e r a k , S e l a n g o r , Pahang and the Negri Sembilan. 3. 7th November, 1912 Agreement supplenental to the Agreenent for the Constitution o f a F e d e r a l C o u n c i1 , I 9 i 2 . Agreernent further supplemental to the Agreement for the Constitution of a Federal Council. Agreement between the High Commissionerfor the Malay States, acting on behalf of the Government of His lvla; esty the King, Emperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Negri Sembilan and Pahang. G.E.J. GENT, for and on behalf of Ilis Majesty.

4. 9th July,

1924

5. 24th Apri1,

1927

Signature a n d s e a l o f Witness J. I . MILLER

Signature and seal of

R A J AA B D U L Z I Z , A Sultan of Perak.

W i t n e s s e s RAJA YUSSUF WANRAZALLI RAJA SHAHRIMAN

FOOTNOTE Provenance: Statutory Instrunents for 1948, I, i. no. 108, The Federation of Malaya Order in Council, 1948.

406

Perlis
Once part of the Sultanate of Kedah, Perlis, along with was separated from that State when the other districts, Siamese invaded Kedah in 1821 and drove its Ruler into exile. Perlis was then placed under Syed Hussei-n, whose father Syed Harun had been accorded the status of a local chief by the former Sultan. Although the Sultan resumed the government of Kedah in 1841, Perll-s was not restored to him but remained under its Raja who continued to acknowledge the suzerainty of Siam.

407

Note on the Perlis Treat Perlis Treaty of 190

and Document of 1905 and the

The exact relationship of Kedah to Perlis in the two decades before the 1909 Anglo-Siamese Treaty has long been a matter of somedispute. ,$ccording to a letter preserved in the Kedah State Archivesr Perlis and Setul were 'rreturnedil to Kedah in 1896, and there are in the same place a number of other letters indicating Kedah's sovereignty over Perlis (and quite close control over administrative affairs) at least up to 1899 - albeit within a general framework of Siamese overlordship, S o m eo f t h e s e l e t t e r s , h o w e v e r , suggest that the Perlis Raja resisted Kedahrsclaims, especia1ly in connection with land grants policy2,and W.G. Maxwell recalled, in a memorandun ritten in 1915, that some w tine before 1905 the Kedah Director of Lands had been threatened and driven out of the State by the then Ru1er, Syed Sapi.s By 1905 it appears that, in Siamese eyes ar least, Perlis (1ike Setul) was quite separate from and independent of Kedah: and in that year, when Kedah signed a Loan Agreernent by which she was obliged to accept an Adviser from Siam in financial matters until the debt was paid off (see Kedah Treaty of 1905 p.160) Perlis signed an alnost identical one for a smaller sum (Perlis Treaty of 1905). We do not yet know the circumstances which obliged Perlis to seek a loan frorn Siam. But as in Kedah it was decided that the administration should thereafter be supervised by a State Council, whose powers and role were defined l a t e r t h e s a m e y e a r ( P e r l i s D o c u m e n to f 1 9 0 5 ) . The Perlis State Council Enactment was notably different frorn its Kedah counterpart in two inportant respects: it naned the Ruler as President of the Council, and it specifically authorised the Siamese Government to refuse to accept or to remove any M a l a y m e m b e re x c e p t t h e R u l e r h i n s e l f . The British pointed this out in 1914 when arguing with Kedah over whether her State Council was a Siamese creation over which the British Government had inherited certain rights (see Note on Kedah D o c u m e n to n 1 9 0 5 p . 1 5 7 ) . Certainly if the Perlis Council was regarded by the Siamese in the same light as the Kedah one, then it would appear that both were envisaged as Siamese creations and subject to some Siamese control. But there is equally certainly nothing in the Kedah State Council Enactment to prove that this was so. And it is possible that Siam, which was ultimately to absorb Setul (which had long been in the samerelationship to Kedah as Perlis) a1together, did in fact seek to exercise closer control over * For footnotes see p.409

408

Such closer control Perlis than over her larger neighbour. Perlis, unlike Kedah, did not pay was reinforced in 1907. off her Siamese debt very satisfactorily, and in that year a new loan necessitated a new Treaty (Perlis Treaty of 1907) by which Siam gained the right to inspect Perlis' budget In Perlis, as in Kedah, and take action on it if necessary. Britain inherited from Siam by the 1909 Treaty the right to have an Adviser in the State until the debt was paid off.

FOOTNOTES

1. 2. 3.

Book V, no. 15 of 2 .ii.1314 . Book I, ro. 6 of 2f. iv.1515. 10, nemorandum y Maxwell, 3 b

Clementi Papers, File Apr. 1915.

409

P E R L I ST R E A T Y f 4 O c t o b e r , 1 9 0 5 o '* First Siamese Loan Agreenent-

Contract between the Undersigned, His Royal Highness Prince Mahisra Rachaharuthai, Minister of Finance to His lt4ajesty the King of Siam, Acting in the narne and for account of His Siamese Majesty's Government, as lender, of the one part. And Luang Sakda Dulriddhi (Syed Zalem) of Perlis,

Acting in the name and for account of His Highness P h y a W i s e s S o n g k r a mR a mW i c h i t ( S y e d A l w e e ) R a j a h o f P e r l i s , as borrower, of the other part. It is agreed as follows:-

Article

The lender agrees to grant to the borrower a loan o f thousand dollars at the rate of six two hundred and thirty p e r c e n t . i n t e r e s t p e r annum. Article ii

The borrower undertakes on behalf of himself as Rajah of Perlis his successors and assigns to pay to His Siarnese M a j e s t y ' s G o v e r n m e n ti n e v e r y s i x m o n t h s o f e a c h y e a r c a l c u lating from the date of this contract, interest at the rate o f s i x p e r c e n t . p e r a n n u mo n t h e c a p i t a l s u m o u t s t a n d i n g on the last day of the previous month, it being understood that interest for the first slx months will be reckoned fron the dates on which the several sums making up the fu1l amount of the loan are placed at the disposal of the borrower or are utilised in paying off the debts for the liquidation of which the loan is mainly granted. Article iii

The bomower also undertakes on behalf of himself as Rajah of Perlis, his successors, and assigns, to repay the amount of the loan mentioned in Article i, with interest at t h e r a t e p r o v i d e d f o r i n t h e s a m eA r t i c l e , to Hi-s Siamese M a j e s t y ' s G o v e r n m e n tf r o r n t h e r e v e n u e s o f t h e S t a t e o f P e r l i s The amount of the instalments and the times at which such * For footnotes see p.419

410

instalments of the loan are to be paid by the lender to the borrower, and the amount of the instalments and the times at which the instalments of the loan are to be repaid by the borrower to the lender, will be incorporated in a subsidiary agreement to be signed hereafter. Article iv

In consideration of the loan herein referred to the borrower undertakes on behalf of himself as Rajah of Perlrs his successors and assigns to accept, until the loan (Capital and Interest) shal1 have been entirely repaid, the services o f a n A d v i s e r t o b e a p p o i n t e d b y H i s S i a m e s eM a j e s t y r s G o vernment to assist him in the financial administration of his State, and the borrower further undertakes on behalf of hinself as Rajah of Perlis, his successors and assigns to follow the advice of such Adviser in all matters relating to finance. The salary of the Adviser appointed by His Siamese Majestyrs Governnent shal1 be paid out of the revenues of the State of Perlis. Article v

The borrower also undertakes on behalf of himself as Rajah of Perlis his successors and assigns to refrain from contracting any fresh loan or incurring any financial 1iabilities until the loan herein referred to (Capital and Interest) is entirely repaid. Given and signed in two identical copies of which one sha11 be kept by the lender and the other by the borrower. MAH]SRARACHAHARUTHAI, Minister of Finance to the King of Siarn. ) Signature ot wrtnessSignature S Y E DZ A L E M , R e p r e s e n t a t i v e o f t h e R a ja o f P e r l i s Si-gnature

Signature of Witness2 S i g n e d a t B a n g k o k on the 4th Day of October in the year one t h o u s a n d n i n e t e e n hundred and five.

4tl

P E R L I SD O C U M E N T 2 5 O c t o b e r , 1 9 0 5 of State Council Enactment3

Enacted on the 25th october,

1905 at Kanga

Whereas it is expedient for the better government of the Perlis State that the Ruler thereof should be assisted in the adninistration by a State Council, it is hereby enacted by the Raja of Perlis as follows:Preamb . le 1. This Act sha1l be designed - The Perlis State Council Act of 1323 (1905), and shal1 define the composition, the powers of the said State Council, and the manner of conducting business therein. 2. The Act sha11 come into force at once.

Time of Enforcement of Act. Compos ion it of Council.

3. The State Council shall consist of:(a) The Raja of Perlis as President. (b) The Financial Adviser to the Government. (c) Four Malay Members to be hereafter appointed subject to the confirrnation of His l{ajesty the King of Siam. Any member appointed under this clause nay be removed from the Counci-l for inconpetence, or any other sufficient reason, by order of the President with H i s S i a m e s eM a j e s t y ' s a p p r o v a l .

Meetings

4. The Council shal1 ordinarily meet twice a nonth on dates to be fixed by the President. The President may, however, call a meeting for the dispatch of urgent business at any time in addition to the ordinary sittings. 5. Three Menbers, of which the Financial Adviser shall be one, must be present before the Council can attend to business.

Quorum.

4t2

Powers of the State Counci 1 .

6. The Council shal1 deal with all matters corning under the following general heads, as well as any other question not therein specifically mentioned, which is of importance to the State. A11 questions relating to:-

(a) the receipt or disposal, in any manner, of State moneys, Revenue, including all farms and monopolies and all other interests of Government. ( b ) t h e a s s e s s r n e n t ,c o l l e c t i o n , r e m i s s i o n or abrogation of any form of revenue the collection of which is now authorised, or which it may be deemed hereafter proper to follow. (c) the passing, amendment r repeal of o any Laws, Acts or Measuresnecessary for the proper administration of the State. Provided that all Acts of the Perlis State Council sha1l be in conformity with the orders of His SiameseMajestyrs Government, and Treaties with Foreign Powers affecting this State. Record of Counci 1 Business. 7. The business transacted in the Council shall be recorded in a Minute Book. At each Council Meeting the record of the previous sitting sha1l be read and confirrned, and signed by the President. Orders passed will be taken from the Minute Book and issued to the persons concerned under the Presidentrs signature. Procedure for submitting questions to Counci I . 8. Questions for the Council shal1 be submitted in writing to the President who shal1 decide as to the propriety of laying them before the Council. If approved of they shall be duly submitted. W h e no f a nature involving discussion the questions will be first circulated to the Members before the Council sits, Questions of a trivial nature will be sent to the Head of Department concerned for disposal.

413

Delegation of the Presidentrs Powers. Duties of the Secretary to the Council.

9. The President of the Council may delegate all or any of his powers under these r u l e s t o a n y o t h e r m e m b e ro f t h e C o u n c i l . 10. The Secretary to the Council shal1 not He shal1 b e a m e r n b e ro f t h e C o u n c i l . attend to the clerical business of the Council under the Presidentts orders. The Secretary will record the minutes, be responsible for the issue of Council Orders under the Presidentrs signature, issue notice of Council Meetings with list of Agenda, and circulate debatable questions . appearing before Counci 1 to Members

Registers to be maintained by the Secretary.

11. The Secretary shall maintain the following registers in addition to the M i n u t e B o o k :(a) Register of letters received. (b) Register of letters issued. (c) Standing Ordersbook, all in the forms attached. In the standing orders book all Council Orders of a permanent nature shal1 be entered in fu1l, in serial order for each year, with date of passing by the Council, under the Presidentrs sisnature.

4t4

P E R L I ST R E A T Y f 8 - 2 5 F e b r u a r y , 1 9 0 7 o Second Sianese Loan Agreement4

Contract between the Undersigned, His Excellency Phya Suriya Nuratr, to His Majesty the King of Sian, Minister of Finance

Acting in the name and for account o f H i s S i a m e s e Majestyrs Governnent, as lender, of the one part, A n d H i s H i g h n e s s P h y a W i s e s S o n g k r a m R a mV i c h i t ( S y e d Alwee) Rajah of Perlis, as borrower, of the other part. It is agreed as follows:-

Article

The lender agrees to grant to the borrower a further loan of one hundred and fifty thousand dollars at the rate of six per cent. interest per annum.
Article ii

The borrower undertakes on behalf of himself as Rajah of Perli-s his successors and assigns to pay to His Siamese M a j e s t y r s G o v e r n m e n ti n e v e r y s i x m o n t h s o f e a c h y e a r , c a l culating from the fifteenth day of February one thousand nine hundred and seven, interest at the rate of six per c e n t . p e r a n n u mo n t h e c a p i t a l s u m o u t s t a n d i n g o n t h e l a s t day of the nrevious month. Article iii

The borrower also undertakes on behalf of himself as Rajah of Perlis his successors and assigns to repay the amount of the loan mentioned in Article i to His Siamese M a j e s t y r s G o v e r n m e n tf r o m t h e r e v e n u e s o f t h e S t a t e o f P e r l i s The amount of the instalments of principal, and the times at which such instalments are to be repaid by the borrower to the lender, will be incorporated in a subsidiary agreement to be signed hereafter.

415

Article

iv

In consideration of the present unsatisfactory condition of the finances of the State of Perlis, His Siarnese Majestyrs Governnent hereby agrees that the interest payable under Article ii of this Contract, and under Article ii of the Contract nade on the 4th day of October, 1905, shall be held in abeyance for a period of five years counting from the fifteenth day of February, one thousand nine hundred and seven. The total sum of the interest so held in abeyance (amounting in the aggregate to dollars one hundred and thirty thousand one hundred and ninety and cents sixty-three, as per details shown in the Schedule attached to this Contract) sha11, at the end of the five years above mentioned, be added to the capital sum of the two loans of dollars two hundred and thirty thousand and dollars one hundred and fifty thousand, and the borrower undertakes, on behalf of hinself as Rajah of Perlis his successors and assigns to pay t o H i s S i a r n e s eM a j e s t y r s G o v e r n m e n t , f r o m t h e f i f t e e n t h d a y of February, one thousand ni-ne hundred and twelve, interest at the rate mentioned in Article i hereof on a capital sum of dollars five hundred and ten thousand one hundred and ninety and cents sixty-three, being the aggregate of the interest held in abeyance in the terns of this Article, added to the sum of three hundred and eighty thousand dollars - the total of the former and present loans. Article v

In consideration of the loan herein referred to the borrower undertakes on behalf of hinself as Rajah of Perlis his successors and assigns to accept, until the loan (Capital and Interest) shall have been entirely repaid, the services o f a n A d v i s e r t o b e a p p o i n t e d b y H i s S i a m e s eM a j e s t y ' s G o v e r n m e n tt o a s s i s t h i m i n t h e f i n a n c i a l a d m i n i s t r a t i o n o f his State, and the borrower further undertakes on behalf of hirnself as Rajah of Perlis, his successors and assigns, to follow the advice of such Adviser in all matters relating to finance. The salary of the Adviser appointed by His Siamese M a j e s t y r s G o v e r n m e n ts h a l l b e p a i - d o u t o f t h e r e v e n u e s o f the State of Perlis. The borrower also agrees to subrnit his annual budget estimate of receipts and expenditure to His M a j e s t y r s G o v e r n m e n ta t B a n g k o k f o r s u c h a c t i o n a s t h e s a i d G o v e r n m e n tm a y d e e m n e c e s s a r y . Article vi

The borrower also undertakes on behalf of himself as

4t6

Rajah of Perlis his successors and assigns to refrain from contracting any fresh loan or incurring any financial liabilities until the loan herein referred to (Capital and Interest) is entirely repaid. Given and signed in two identical copies of which one shall be kept by the lender and the other by the borrower. Signature PHYASURIYANURATR, Minister of Finance to the King of Siam.

Signature of Witness5 Signed at Bangkok on the 8th day of February, in the year one thousand nine hundred and seven. Si gnature S Y E DA L W I , Raja of Perlis.
?

Signature ot tryltness" Signed at Perlis on the twenty-fifth day of February, i n t h e y e a r one thousand nine hundred and seven.

417

SCHE

DUT,E

Showing the interest due by the Rajah o f P e r I i s o n t h e l o a n s o f $ 2 3 0 , 0 0 0 a n d $ 1 5 0 , 0 0 0 f r o m l g t h Novemb r , 1 9 0 5 , t o l 4 t h N o v e m b e r , 1 9 1 2 . e A. Loan of $ 2 3 0 , 0 0 0 PERIOD From
Nov

To

Amount of loan rece i ved 56,760 60,616 62,564 7t,228 7 8 ,1 5 3 t42,230 t43,330 144,860 t,47525 , 161,025 225,282 225,698 228,979 230.000 Tota I 47 79 96 96 96 00 00 00 00 00 O0 75 9l 00

No. of
a^.,-

Amount of I nt eres t 934 10 00 l0 30 l1 72 141 33 23 40 94 03 119 08 339 52 502 95 74 08 lI1 32 376 42 2,268 51 $ 4 , 0 9 2 00 $12,098 63

I 905

t9 20 2T 22 23

4 5 9 14 28 Jan. 1906 t6 l8 2l 31

Dec. 1905

20 2l 22 23 Dec I 905 4 5 9 t4 28 Jan. 1906 t6 l8 2l

Nov I905
.)t

I 1 1 I IT I 4 5 I9 2 3 t0 60

Mar. 1906

31

lnterest on $230,000 from lst being 320 days

April,

1906, to l4th February,1907, February 1912, $6s,000 $ 8 5 ,1 9 0 B. Loan of $150,000 00 63

Interest on $230,000 frorn 15th February, 1907, to l4th being 5 years

Interes t from lSth February, 5 years Total interest

1907, to l4th

February, 1912, being $45,000 00 February, 1912

due on both loans up to l4th

$130,r90 63
and c e n t s . s i x t y - t h r e e .

Dollars

one hundred and thirty

t h o u s a n d o n e hundred and ninety

418

FOOTNOTES 1 2 P r o v e n a n c e :M . G G . , p p . 1 0 5 - 6 . The narne of the witness is not known. Presumably the Siamese signed in Siamese script and the Malays in jat'si script. CO 273/362, Anderson to CO, 20 Ju).y 1910. The despatch informed the Colonial Office of the appointment of Syed M a h m u d ,b r o t h e r o f t h e R a j a ( a n d h e i r p r e s u m p t i v e ) , t o the State Council. In 1912 he was convicted of incest, removed from the State Council and jailed. P r o v e n a n c e :M .& G . , p p . 1 0 7 - 9 . Once again, the names of the witnesses are unknown; presumably signed and once again, the Siamese officials in Siamese script and the Malays tn jaui.

3.

4. 5.

4t9

Note on the Perlis

Treaty of 1930

In mid-1929 Perlis, having paid the last instalnrent of the debts which she had contracted with Siam in 1905 and 1907 and which Britain had taken over in 1909, theoretically removed the justification for an Adviser in that State. Horvever, according to Emerson,l the Raja adrnitted that he and his Government could not run Perlis without external assistance, and a new treaty legitimising the Adviser's position was arranged. Negotiations got underway as early a s N o v e m b e r1 9 2 8 a n d w e r e b r o u g h t t o a s u c c e s s f u l c o n c l u s i o n in April 1930 when the trceaty was signed during the first visit to Perlis of Sir Cecil Clementi (Governor-High Corunissioner 1930-34). The treaty was drawn up at a time when enthusiasm for decentralisation and the restoration to Malay Rulers and G o v e r n m e n t so f t h e i r " r i g h t s " w a s r e a c h i n g i t s p e a k . Like the 1925 Treaty with Kedah (cp. p.175;, the Perlis Treaty of 1930 safeguards Perlis from merger with another State. It goes even further than the Kedah Treaty in that the important points, which were relegated to sunat akuan in the case of Kedah, are here included in the text of the treaty. Article 7, for example, stipulates that the Perlis State Council sha11 decide whether there are Perlis Malays qualified to be appointed to any government post before it is offered to outsiders (cp. su.rat akuan, para 5, Kedah Document of 1923, p.L73). Moreover, as Clementi reported, "His Highness the Raja and all the Malays present appeared to be very pleased that the Agreementwas signed in Perlis and not in Singapore or elsewhere outside the State.rr

FOOTNOTE MaLayst-a - A Study in Dtr.ect and fndiz,ect Lurnpur,1964, p.246. RuLe, Kuala

420

P E R L I ST R E A T Y f 2 8 A p r i 1 , o

1930 Adviserl

Treaty for the Establishment of a British

Agreement to define the friendly relations between His B r i t a n n j - c M a j e s t y a n d t h e R a j a o f t h e M o h a m m e d aS t a t e o f n Perlis: M a d eb e t w e e n H i s E x c e l l e n c y S i r C e c i l C l e m e n t i , K . C . M . G . , Governor of the Straits Settlements and liigh Commissioner for the Malay States on behalf of His Britannic Majesty: And His HighnessTuan Syed Alwi, C.B.E., Raja of Perlis, on his own behalf and on behalf of his descendants who rnay s u c c e e dh i m a s R a i a a n d R u l e r o f P e r l i s . 1. The State of Perlis shall continue to be under the protection of His Britannic Majesty who sha11 exercise the rights of suzerainty. 2. His Highness the Raja of Perlis sha11 have no political dealings with any foreign power or potentate except through t h e m e d i u mo f H i s B r i t a n n i c M a j e s t y ' s R e p r e s e n t a t i v e . 3. His Britannic Majesty will not transfer or otherwise dispose of his rights of suzerainty over the State of Perli-s to another power and will not merge or conbine the State of Perlis with any other State without the written consent of His Highness the Raja of Perlis in Council. 4. The successor to the Rajaship sha1l always be a direct descendant of His Highness Tuan Syed Alwi or, if there is no direct descendant, a descendant of his ancestors, chosen by the State Council and accepted by His Britannic Majesty. The Raja and his fanily shall be entitled to adequate support from the public funds of Perlis, the term family meaning the children of the Raja and those of his grandchildren who are the children of his sons. 5. The Raja of Perlis and his successors will rec rive and provide a suitable residence for a British Adviser to advise o n a l l m a t t e r s c o n n e c t e d w i t h t h e G o v e r n m e n to f t h e S t a t e other th,an matters relating to Malay custom or Mohammedah religion, and will accept such advice. Provided that nothing in this clause shal1 in any way prejudice the right of the Raja or his successors to address the High Commissioner for the Malay States or His Britannic Majesty if the Raja so d e si r e s . * For footnote see p . 4 2 3

421

The cost of the British Adviser with his establishnent shall be determined by the High Comnissioner for the Malay States and sha1l be a charge on the revenues of Perlis. 6. The State of Perlis shall be governed by His Highness the Raja with the assistance of a State Council which sha11 consist of His Highness the Raja as President, three other Perlis Malay nembers selected by name or office by His Highness with the approval of His Excellency the High Commission e r , a n d a n o t h e r m e m b e rw h o s h a l 1 b e t h e B r i t i s h A d v i s e r . Provided that by mutual consent of the High Commissioner for the Malay States and His Highness the Raja additional members may be added to the Council for any specific period. In t h e a b s e n c e o f H i s H i g h n e s s a M a l a y m e m b e rs e l e c t e d b y H i s Highness sha11 preside over the Council. 7 . T h e o f f i c e r s o f t h e G o v e r n m e n to f P e r l i s s h a l l b e P e r l i s Malays, but if the State Council considers that there is any work which Perlis Malays are not capable of performing, then only wilI persons from outside be employed. The State Council will send Perlis Malays to study outside the State various branches of learning, at the discretion of the State Council, at the charge of the Government of Perlj-s, so that they may be of use to the Government of the State of Perlis. 8. The Malay language, with Jawi character in the case of written language, shal1 be the official language in all departments of the Government of Perlis, except where it is provj-ded in the law of the State of Perlis or by specj-aI authority of Government that any other language nay be used. In Witness whereof His Excellency Sir Cecil Clementi, K.C.M.G., and His HighnessTuan Syed Alwi, C.B.E., have set their respective seals and si-gnatures. Dated this 29th day of Zi1-Kaedah 1548, corresponding to the 28th day of April, 1930. Seal and signature of S i T C E C I LC L E M E N T I , High Comnissioner for the Malay States. Seal and signature S Y E DA L W I , Raja of Perlis. of

Witnesses L.A. ALLEN, Witness British Adviser, Perlis. A. HYDE

IDRUSHAJI AllMAD.

422

FOOTNOTE I. Enclosure No. 2 to U.M.S. (Perlis) despatch No. FLC.O. 550/i930 of 28 May 1930 in Unfederated Malay States Despatches to Seeretany of State fnom 1 Jan. 7930 to 27 June 193A, Arkib Negara, Kuala Lumpur, Malaysia; cp. Straits Settlements Gouernment Gazette Ertraordinary (Vol. lxv no. 26) Singapore, Monday,28 April 1930, Notification No: 830.

423

Note on the Perlis

Treaty of 1945

For a more general note on the background to the MacMichael Treaties, see Note on the Johore Treaty of 1945 p . 117. The position in Perlis during MacMichaelrs tour of the one. In 1938 the State Council Malay States was a difficult h a d r u l e d S y e d H a m z a h ,h a l f - b r o t h e r t o t h e l o n g - t i m e R u l e r Syed Alwi (and heir since the disgrace, in 1912, of Syed Mahmud) out of the succession, and had replaced him by Syed Putera. Syed Alwi died in 1943 but the occupying Japanese p l a c e d S y e d H a m z a ho n t h e t h r o n e i n s t e a d . After the surrender of Japan Syed Hamzahwrote to the Officer Commanding the British Troops in Malaya and renounced his position, and so when MacMichael reached Perlis Syed Putera was, in He his words, "available with an unimpeachable record."l was not yet formally installed, however; this took place, only the day before he signed the Treaty, in MacMichaelrs presence. Perlis, like Kedah, had a treaty stipulation that her Ruler could not cede or join her to any other State without the State Councilts consent.

FOOTNOTE M a c M i c h a e l ,R e p o r t , 1 9 4 6 , p a r a . 6 . T h e P e r l i s S t a t e Council was reluctant to give its consent to the Treaty giving the and presented MacMichael with a mernorandun impression that the Treaty had been signed under duress. MacMichael took pains to ensure that the Council redrafted the document. See A.J. Stockwell, Br.itish Policy and Malay PoLi.tics duri.ng the Malagan IJnion Erpez'inent 1942-1948, Kuala Lumpur, 1979, p.58.

424

P E R L I ST R E A T Y f 4 D e c e m b e r , 1 9 4 5 o
MacMichael Treatyl*

A g r e e m e n t b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i n t h e United Kingdom of Great Britain and Northern Ireland and the State of Perlis. Whereas on the 28th d a y o f A p r i 1 , 1 9 3 0 , a n A g r e e m e n t [hereinafter ca11ed the 1930 Agreement) was concluded between His late Britannic Majesty King George V and His Highness the Raja of Perlis: And whereas it is expedient to provide for the constitutional development of the Malay States under the protection of His Majesty and for the future government of the State of Perlis: It is hereby agreed between Sir Harold MacMichael, G.C.M.G., D.S.O., the Special Representative of His Majestyrs Government within the United Kingdom of Great Britain and Northern Ireland on behalf of His Majesty and His Highness S y e d P u t r a i b n i A l r m a r h u mS y e d H a s s a n A 1 r J a m a h i l 1 i 1 , t h e Raja of Perlis for himself, his heirs and successors:1. His Highness the Raja agrees that His Majesty sha11 have ful1 power and jurisdiction within the State of Perlis. 2. Save in so far as the 1930 Agreement is inconsistent with this Agreement or with such future constitutional arrangements for Malaya as may be approved by His Majesty, the 1930 Agreement sha1l remain in ful1 force and effect. Signed this Signature 4 d a y o f D e c e m b e r1 9 4 5 .

H.A. MACMICHAEL, Special Representative of the British Government. W i t n e s s H. T . B O U R D I L L O N SYEDPUTRA JAMAHILLIL, Raja of Perlis. W i t n e s s e s HAJI AHMAD WANAHMAD For footnote see p.426 Signature

425

FOOTNOTE t. correct by Major Leonard Owen, Notary A copy certified Public of England, is in the National Archives of Malaysia, Kuala LumPur.

426

Note on the Perlis

Treaty of 1948

As the result of Malay opposition to the Malayan Union schemeand the MacMichael Treaties the British entered into negotiations with the Rulers and the leaders of UMNO. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and non-Malay groups condemnedas undernocratic both the consultative process and the constitutional proposals, it was decided:- (i) to revoke the Malayan Union Order in Council, 1 9 4 6 , ( i i ) t o r e p l a c e t h e M a c M i c h a e lT r e a t i e s b y n e w S t a t e Agreements, and (iii) to establish a peni-nsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His Majesty) on 21 January - the day which also saw the conclusion of the Federation of Malaya Agreement (see p .100 ) . of the Crown Under these State Agreements the jurisdiction However, was confined to external affairs and defence. the Malay Rulers were still bound to accept the advice of British Advisers (note: the same title was adopted by the principal British officials posted to the Malay States) 'ron all matters connected with the government of the State other than matters relating to the Muslim Religion and the In addition Their Highnesses were Custom of the Malaysr'. r n ws u b j e c t e d t o w r i t t e n c o n s t i t u t i o n s w h i c h p r o v i d e d f o r a (Council of State) and an Executive Council in legislature each State. Up to this time only Johore and Trengganu had p o s s e s s e d w r i t t e n c o n s t i t u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 p.77 a n d T r e n g g a n uD o c u m e n t f 1 9 i 1 p . 4 7 4 ) . o

427

P E R L I ST R E A T Y f 2 I J a n u a r y , 1 9 4 8 o
lt(

State Agreement revoking the MacMichael Treaty^

Agreement made the twenty-first day of January, 1948, b e t w e e n S i r G e r a r d E d w a r dJ a m e s G e n t , K . C . M . G . , D . S . O . , 0 . B . E . , M . C . , o n b e h a l f o f H i s t r { a j e s t ya n d H i s H i g h n e s s S y e d P u t r a i b n i A l m a r h u mS y e d H a s s a n J a m a l u l l a i l t h e R a j a o f Perlis for Himself and His Successors: W h e r e a sm u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for the peace, order and good government of t h e S t a t e o f P e r l i s : And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Perlis, is pleased to make fresh arrangements to take effect on such day as His Majesty may by Order in Council appoint (hereinafter called "the appointed day"): And whereas it is expedient to provide for the constitutional development of the State of Perlis under the protection of His Majesty and for its future government: Now, therefore, Short title and commencement. it is agreed and declared as follows:

1. This Agreementmay be cited as the Per1is Agreement, 1948, and shall come into operation on the appointed day immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day shall be publj-shed in the Malayan Union Gazette together with a copy of this Agreement. 2. In this Agreement: " E n a c t m e n t r rm e a n s a n y l a w e n a c t e d b y H i s Highness with the advice and consent of a Council of State constituted in accordance with this Agreement; rrFederal Governmentil means the Government of the Federation; "the Federationil means the Federation of see p . 4 3 2

Interpretat ion

For footnote

428

lvlalaya to be ca11ed in Malay "Persekutuan Tanah Melayu?', which is to be established on the appointed day; trt-ederation Agreement" means the Agreement which is to be made between His Majesty and Their Highnesses the Rulers of the MaIay States of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendmentthereof; I'the High Commissionerrr eans the High m Comnissioner for the Federation; " H i s H i g h n e s s " m e a n st h e R a j a o f P e r l i s and His Successors; I'His Highness j-n Councilrr meansHis Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; "Secretary of Staterr means one of His Majestyts Principal Secretaries of State. Protection and external affairs. 3. (1) His l{ajesty sha11 have complete control of the defence and of al l tl-re external affairs of the State of Perlis and His Majesty undertakes to protect the Government andState of Perlis andall its dependencies frornexternal hostile attacks and for this and other similar purposes His l{ajesty's Forces and persons authorised by or on bej h a l f o f H i s l . { a e s t y ' s G o v e r n m e n ts h a 1 1 a t a l l t i m e s b e a l l o w e d f r e e a c c e s st o t h e S t a t e of Perlis and to employ all necessary means of opposing such attacks. (2) His Highness undertakes that, without the knowledge and consent of His irlajestyrs Government,he will not nake any treaty, enter into any engagement,deal in or correspond on political matters with, or send envoys to, any foreign State. British Advi s er 4. His Highness undertakes to receive and provide a suitable residence for a British

429

Adviser to advise on all matters connected with the government of the State other than matters relating to the tr{us1im eliR gion and Custom of the N{alays, and undertakes to accept such advice; provided that nothing in this clause shall in any way prejudice the right of His Highness to address the High Comnissioner, or His Majesty through a Secretary of State, if His Highness so desires. Cost of Briti sh Adviser. 5. The cost of the British Adviser with his establishrnent sha1l be determined by t h e H i g h C o r n m i s s i o n e ra n d s h a 1 l b e a c h a r g e on the revenues of the State of Per1is. 6. His Highness shall be consulted before a n y o f f i c e r w h o mi t i s p r o p o s e d t o s e n d as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawful authority and powers and to perform such lawful functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High C o m r n i s s i o n e r ,p e r f o r m w i t h i n t h e S t a t e o f Perlis such State duties and may exerci.se such State powers as may be imposed or conferred upon him by His Highness in Council or by Enactment, 9. H-is Highness undertakes to govern the State of Perlis in accordance with the provisions of a written Constitution which shall be i-n conforrnity with the provisions of this Agreement and of the Federation Agreenent and which shal1 be granted and promulgated by His Highness as soon as conveniently may be either in whole or, if His Highness thinks expedient, in Parts from time to time.

Appointment of British Adviser, Federal offi cers .

When Federal officers may perform State functions.

State Constitution

430

C o u n c i l s t o be constituted

10. In pursuance of the undertaking contained in Clause 9 of this Agreement and in conformity with the provisions of the Federation Agreement His Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be called in English State Executive Counci 1 ; (b) A Majlis MeshuaratNegri, to be called in English Council of State.

His Highness to be consulted before posting.

11. His Highness, unless he shall otherwise direct, sha1l be consulted before any officer is posted by or on the authority of the High Conrnissioner to any post borne on the State Estimates. 12. All persons of whatsoever race in the same grade in the service of the State of Perlis sha11, subject to the terns and conditions of their employment, be treated impartial 1y. 13. His Highness desires and His Majesty agrees that it sha11 be a particular charge u p o n t h e G o v e r n m e n to f t h e S t a t e o f P e r l i s to provide for and encourage the education and training of the Malay inhabitants of the State of Perlis so as to fit them to take a full share in the economic progress, social welfare and government of the State and of the Federation. 14. (1) The Agreementmade on the 4th day o f D e c e m b e r ,1 9 4 5 , b e t w e e n H i s M a j e s t y r s G o v e r n m e n tw i t h i n t h e U n i t e d K i n g d o m o f Great Britain and Northern Ireland and His H i g h n e s s S y e d P u t r a I b n i A l m a r h u mS y e d H a s s a nA 1 ' J a n a l u l l i 1 , t h e R a j a o f P e r I i s , for Himse1f, His Heirs and Successorsis hereby revoked. (2) All Treaties and Agreements subsisting immediately prior to the making of the aforesaid Agreement of the 4th day of December, 1945, sha1l continue in force save in so far as they are inconsistent with this Agreementor the Federation Agreement.

Impartial treatment.

Education and training of Malays.

Previous Agreenents

431

Sovereignty of the Ru1er.

i5. The prerogatives, power and jurisdiction of His Highness within the State of Perlis shall be those which His lli-ghness the Raja of Perlis possessedon the first day of December, 1941, subject nevertheless to the provisions of the Federation Agreement and this Agreement. 16. This Agreement shal1 both the English and the but, for the purposes of regard shall be had only version. be expressed in Malay languages; interpretation, to the English

Language of Agreement.

In witness whereof Sir Gerard EdwardJames Gent, K.C.M.G., D.S.0., O.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His Highness S y e d P u t r a I b n i A l m a r h u mS y e d H a s s a n J a m a l u l l a i l , the Raja of Perlis, has hereunto set his hand and seal, the day and year first above written. Signature and seal of Witness G.E.J. GENT, for and on behalf of His Maiestv.

A. GLENCROSS

Signature and seal of PUTRA JAMALULLAIL. Raia of Perlis. Witnesses HAJI AHMAD W. AHMAD

FOOTNOTE Provenance: Statutony Instruments for, 1948, I, i, no. 108, The Federation of Malaya Order in Council, 1948.

432

Selangor

Towards the end of the seventeenth century Bugis those warlike traders and adventurers from the Celebes sailed into the Malay archipelago and settled in the sparsely populated area (1ater known as Selangor) lying between the Perak River and the Menangkabaucolonies south of Although the Bugis went on to Klang and in Sungei Ujong. insinuate thernselves into the governnent of Johore and to launch canpaigns in Perak, Kedah and other Malay States, In the I740t s a royal Selangor remained their stronghold. dynasty was inaugurated when a Bugis was installed as the first Sultan of Selangor and - despite Dutch attacks in the 1780's and an unfavourable treaty with Holland of 1786 Selangor survived as an independent Bugis state. However, Selangor was by no meansa consolidated kingdom nor was its Sultan omnipotent; several rivers divided the territory and at the mouth of each a Bugis Chief grew powerful from to1ls The development of tin mining levied on river traffic. from the middle of the nineteenth century was not only to contribute to the independenceand rivalries of these territorial chiefs but would also add the Chinese miner to the heterogeneous society of Selangor.

433

Note on the Selangor Treaties of 1818 and 1825

At the time of the Napoleonic Wars Holland enjoyed very substantial rights in Selangor by virtue of the 1786 Treaty; but when Britain took over nost of I{o1land's possessions for the period of the war she signed very few treaties of her own (but see 1801 Naning Treaty p.25i), being content with vague suzerainty. After the re.curn to Holland of her Far Eastern possessions by the Congress of Vienna in 1815, commercial circles in the British settlements becameseriously alarmed at the prospect of a Dutch resurnption of their forner monopolies which - at a time when the highty profitable tin trade was threatened by Siamese expansion - would contribute narkedly to a reduction in British trade. In 1818, therefore, just before the Dutch return to Malacca, Governor Bannernan sent W. Farquhar to Borneo and Rhiau (see Johore Treaty of 1818 p. 22) and W.C. Cracroft to Perak (see Perak Treaty of 1818 p.372) and Selangor to secure treaties with locai rulers by which Holland rnight be deterred from re-instituting her nonopolies. The Selangor Treaty, like its Perak counterpart, provided that Sultan Ibrahim of Selangor would not revive any obsolete treaties with other powers, grant any monopolies, nor in any way obstruct the C o m p a n y r s o m m e r c e( S e l a n g o r T r e a t y o f 1 8 1 8 ) . c These provisions lvere directly contravened the very next year when the Dutch Governor of Malacca persuaded Ibrahim to sign a treaty on the lines of their previous agreenent of 1786. As it turned out, however, British trade was not seriously a f f e c t e d s i n c e t h e B a t a v i a n G o v e r n r n e n tr e f u s e d t o r a t i f y t h e treaty of 1819. If the Dutch threat was provisionally dealt with, the Sianese one renained. In 1818 the Ruler of Kedah, apparently under pressure from Sian, overran Perak and forced it to send the bunga mas to Bangkok. In 1821 Siam invaded Kedah itself, and the Ruler of Peraktook advantage of the opportunity to call in the aid of Sultan Ibrahim of Selangor to free his country (cp. notes on Perak Treaties of 1818 and 1825). Sultan Ibrahirn was a Bugis, described by Mi1lsl*as and piratical", and having liberated Perak he left "ab1e t h e r e o n e R a j a H a s s a nt o c o l l e c t t r i b u t e w h i l e h e h i m s e l f returned to Selangor. According to British sources, the S i a m e s eC h a o P t y a o r R u l e r o f L i g o r n o w p l a n n e d a d o u b l e invasion of Perak and Selangor, his pretext being that Raja Hassan was plundering Perak whose government had asked for his aid. It appears 1ike1y that there was a pro-Siamese party in Perak, but Sultan Ibrahim had a good deal of sympathy * For footnote see p.435

434

from the Straits Settlenents, and Governor Fullerton in 1825 sent John Anderson, a leader of the anti-siarnese faction in Penang, to procure treaties of friendship with both States and settle outstanding differences between them: 0sthem against Siam. Britain's main aim being to fortify Andersonrs mission arose out of the Preliminary tensibly Treaty signed between Burney and the Chao P'ya of Ligor whereby the latter prornised not to attack Perak if the former would see to the problem of Raja Hassan (see siam Treaty Selangor gave Andersona considerable welof 1825 p.309). appears readily to have agreed to withdraw Raja come and Hassan, fix the River Bernam as the boundary between the two States, and avoid any future interfelence in Perakrs affairs By this treaty Selangor (Selangor Treaty of 1825 p.439) ' was evidently saved from any further Siamesepressure, aLthough Perak required further bolstering by the Low Treaties of the following year (see Perak Treaties of 1826 p-377),

FOOTNOTE

t.

Bv,itish Malaya, LB24-67, Kuala Lumpur, 1966, p.140.

435

of 22 August, 1818 TREATY SELANGOR Cracroftts Commercial Treatyl *

Treaty of Commercial Alliance between the Honorable E n g l i s h E a s t I n d i a C o m p a n ya n d H i s M a j e s t y t h e R a j a h o f Salengore, settled by Mr Walter Sewe1l Cracroft, in virtue of powers delegated to him by the Honorable John Alexander B a n n e r m a n ,G o v e r n o r o f P r i n c e o f W a l e s r I s l a n d a n d i t s d e pendencies. Done on the 20th Shawal, 1233 (answering to the evening of the 22nd August, 1818).

Article

1st

The peacel iand friendship now subsisting between the 'Eng sh Honorable E a s t I n d i a C o m p a n ya n d H i s M a j e s t y t h e Rajah of Salengore shall be perpetual. Article 2nd

T h e v e s s e l s a n d n e r c h a n d i z eb e l o n g i n g t o B r i t i s h s u b j e c t s , or persons being under the protection of the Honorable East I n d i a C o m p a n ys h a 1 l a l w a y s e n j o y i n t h e p o r t s a n d d o m i n i o n s subject to His Itilajesty the Rajah of Salengore all the privileges and advantages which are now, or may at any time hereafter, be granted to the subjects of the most favoured nations. Article 3rd

The vessels and nerchandize belonging to the subjects of His Majesty the Rajah of Salengore shal1 always receive similar advantages and privileges with those in the preceding Arti-c1e, as long as they are in the harbour of Fort Cornwallis, and i-n all other places dependent on the British G o v e r n r n e n to f P r i n c e o f W a l e s r I s l a n d . Article 4th

Hl-s Majesty of Salengore agrees that he wj-ll not renew any obsolete and interrupted treaties with other nations, public bodies, or individuals, the provisions of which rnay, in any degree, tend to exclude or obstruct the trade of British subjects, who further sha11 not be burthened with ootnotes see P.441

436

any impositions or Duties not levied on the subjects of other States. Article 5th

His Majesty the Rajah of Salengore further engages, that he wi11, upon no pretence whatsoever, grant a monopoly of any articles of trade or commodities, the produce of his territories, to any person or persons, European, Anerican or natives of any other country, but that he will allow British subjects to come and buy all sorts of rnerchandize the same as other people. Article 6th

T h e H o n o r a b l e E a s t I n d i a C o m p a n ye n g a g e t h a t t h e y w i l l not forn any Treaties or Engagementswhich may exclude or obstruct the merchandize of the subjects of the Rajah of Salengore, who come to trade at Penang, nor will they grant a monopoly of any sort of nerchandize to one description of persons only, as is specified in the 5th Article, but will a l l o w t h e n a t i v e s o f S a l e n g o r e t o c o r n ea n d b u y a l l s o r t s o f merchandize the sameas other people. Article 7th

His Majesty the Rajah of Salengore engages that if any person brings subjects of the company from Penang and its d e p e n d e n c i e sf o r s a l e , h e w i l l n o t a l l o w o f t h e i r s a l e i n the country of Salengore, and the Honorable Company ill be w bound by a similar Agreementwith respect to the subjects of Salengore, for the laws of England on no account allow of such proceedings in any of the countries subject to the British authority. Article 8th

This Treaty, according to the foregoing Articles, is made for the purpose of promoting the peace and friendship o f t h e t w o S t a t e s , a n d s e c u r i n g t h e l i b e r t y o f c o m m e r c ea n d navigation between their respective subjects, to the mutual advantage of both, and of it one draft is retained by His Majesty the Rajah of Salengore, and one by lr{r Walter Cracroft, Agent of the Honorable the Governor of Penang. To this is affixed the seal of His Majesty the Rajah of Salengore to r a t i f y i t t o t h e H o n o r a b l e E n g l i s h E a s t I n d i a C o r n p a n y ,s o that no disputes may hereafter arise concerning it, but that is may be permanent and last for ever.

437

Seal of the Ruler of Selangor Signature W . S . C R A C R O F T ,o m m i s s i o n e r C A True Copy Signature JOHNANDERSON, I{alay Translator to the Government.

438

SELANGOR TREATY of 20 August, 1825 Andersonrs Treaty2

An Agreement of Peace and Friendship between the Honourable East India Company nd Sri Sultan Ibrahin Shah, King of a Salangore, settled by Mr John Anderson, in virtue of powers delegated to him by the Honourable Robert Fullerton, Governor of Pulo Penangand its dependencies. Done at the Fort of Salangore, on the sth day of Mohurrum, in the year of the Hegira 124I, or 20th day of August, 4.D.1825.

Article

Whereas the relations of peace and friendship have subsisted for a length of tine between the Honourable East I n d i a C o m p a n ya n d H i s M a j e s t y t h e K i n g o f S a l a n g o r e , a n d were confirmed by a Treaty of commercial alli-ance, consistirg of eight Articles, c o n c l u d e d b y M r W a l t e r S e w e 1 1C r a c r o f t , on the 20th day of the month Shawal, in the year of the Hegira 1233, or the 23rd day of August, A.D. 1818, for the purpose of facilitating the comnercial i-ntercourse between the two States, it is now agreed between His Mjaesty the King of Salangore, and Mr John Anderson, as Agent to the Honourable Robert Fullerton, Governor of Pulo Penang, to confirm the said Treaty, which will remain unchanged for ever. Article ii

His Majesty of Salangore engages with the l-lonourable Robert Fullerton, Governor of Pulo Penang, that from the d a t e o f t h i s E n g a g e m e n t ,a n d f o r t h e t i m e t o c o m e , t h e e s tablished boundary between the States of Perak and Salangore shall be the River Bernam, and no armarnentby land or sea from Salangore sha11 enter any part of the Perak territory or its dependencies, nor shall His Majesty of Salangore interfere in the governrnent of the Perak Country, for it is hereby restored to the King of Perak, provided, however, that prows fron Salangore sha11 be at liberty to proceed to P e r a k f o r t h e p u r p o s e o f c o m m e r c e ,c o n f o r m i n g t o t h e r u l e s and customs of other traders resorting thither.

439

Article

iii

His Majesty of Salangore engages to direct the imnediate removal from the Perak territory of Rajah Hassan, who is now established at Sungie Bidor; and His Majesty of Salangore further engages that he will not pernit Rajah Hassan to return thither, in any way with the governnor to interfere ment of the Perak Country, and also that Rajah Hassan sha11 be prohibited from carrying away any people from that country, or the ryots of the King of Perak, who are unwilling to a c c o m n a n vh i m . Article iv

The King of Salangore engagesnot to permit any pirates and the Governor of to resort to any part of his territory, P u l o P e n a n gw i l l b e b o u n d b y a s i m i l a r e n g a g e m e n t . Article v

The King of Salangore engages to seize and return to Pulo Penang, any offenders, such as pirates, robbers, murderers and others who may escape to Salangore, and if any persons of the description above mentioned fly from Salangore to PuIo Penang, the Governor wilt be bound by a similar Agreement. Article vi

T h i s A g r e e m e n t i s m a d eb e t w e e n H i s M a j e s t y o f S a l a n g o r e and the Honourable East India Company, with rnutual consent and good will between both parties, for the purpose of prolonging the peace and friendly communicationbetween the two States, and it sha1l continue as long as the revolution of the starry sphere, in which the Sun and l'{oon perform their motions, shall endure. T h i s E n g a g e m e n ti s n a d e i n t h e p r e s e n c e o f a l l a s s e m bled, and to it is affixed the chop of His Majesty of Salangore, and the Seal of the Honourable East India Company, being written and executed in duplicate, one copy being retained by the King of Salangore, and the other by the Honourable East India Company. The end Signature J O H NA N D E R S O N ,o l i t i c a l A g e n t o f t h e P Governor of the Straits Settlements.

440

A true copy. Signature JOHNANDERSON

The 26th August, 1825. True copy. Signature J.W. SALMOND, Resident Councillor, Prince of Walesr Island

FOOTNOTES John Anderson, PoliticaL and Conrnercial Constdev,ations Relatiue to the Malayan Pentnsula and the Bz,itish Settlements in the Stnaits of Malacca, Penang, 1,824, reprinted in facsirnile JMBRAS,XXXV, iv (1962), ed. Wehave not, however, J. Bastin: Appendix, pp.xviii-xx. accepted Anderson's dating, but have replaced it with M.& G.rs. Andersonfs copy reads "Done of the 20th Shawal, Saturday, 1233, or 23td August, A.D. 1818." T h e 2 0 t h S h a w a l, 1 2 3 3 , s t a r t e d o n t h e e v e n i n g o f 2 2 August 1818 but this was a Thursday, and finished at 6 p.m. on Friday, 25 August. M.& C.'s version (p.30) t h e r e f o r e s e e m sm o r e l i k e l y t o b e c o r r e c t . 2. P r o v e n a n c e : M . & G . , p p . 3 2 - 3 4.

441

N o t e o n t h e S e l a n g o r D o c u m e n t so f 1 8 6 0

The 1818 and 1825 Selangor Treaties, which had safeguarded the trading rights of British subjects, had been concluded with the Sultan. By the middle of the century, however, the Sultanrs rule was only norninal and Selangor was divided into five almost independent states: Lukut, Klang, Langat, Selangor and Bernam. Lukut and Klang were ruled by two Bugis brothers - Juma'at and Abdullah respectively - who owed their position to rescuing Sultan Muhamnad from bankruptcy. Lukut, the territory nearest to Malacca, prospered from the production and export of tin, and Governor Cavenagh(1859-67) encouraged the rule of Jumarat since he appeared to be "the nost active and enlightened chief in the peninsula" who could provide security and prosperity in a state where British trade might thrive without the need for political intervention.r In return R a j a J u m a r a t g a v e t h e S t r a i t s G o v e r n m e n tl a n d a t C a p e R a c h a d o to build a lighthouse (Selangor Docunent of 23 August 1860) a n d S u l t a n A b d u l S a m a da g r e e d t o t h i s t r a n s f e r o f t e r r i t o r y ( S e l a n g o r D o c u m e n to f 2 6 N o v e m b e r1 8 6 0 ) . This lighthouse was completed in 1863. When, after the death of Juma?at in 1864, piracy and civil strife returned to this part of Sel a n g o r , t h e d e f e n c e o f t h e l i g h t h o u s e o n C a p e R a c h a d ow o u l d provide Governor Clarke with an opportunity for intervention in the affairs of Selansor.

FOOTNOTE C.M. TurnbulI, The Straits Settlements 1826-67, London, 1972, pp.301-302; cp. Khoo Kay Kim, The Western Malag States 1850-1873, Kuala Lumpur, 1972, p.141.

442

DO SELANGOR CUMENT 23 August, 1860 of

0n Wednesdayat 10 orclock at noon, the sth day of the , month of Saphar, in the lvlahomedan year 1277 (corresponding with the 23rd day of August, 1860). B e i t k n o w n t o a l l . m e n , t h a t I R a j a h J u r n a h a tb i n R a j a h Japar, the Ru1er of the Territory of Lookoot,2 do of my own f r e e w i l l a n d p l e a s u r e , m a k e o v e r t o t h e G o v e r n m e n to f t h e Q u e e n o f E n g l a n d , C a p e R a c h a d o ( c o m m o n l yc a l l e d " T a n j o n g Tuan"J situated within the Territory of Lookoot aforesaid. That the English Government do covenant and agree to build and keep a Light house for the benefit of all nations i n r e l a t i e n o f t h e i r s h i p s o r b o a t s u p o n t h e s a i _ dC a p e R a c h a d o ( c o m m o n l yc a l l e d T a n j o n g T u a n ) a n d i n t h e e v e n t o f t h e E n g l i . s h G o v e r n m e n tf a i l i n g t o a b i d e b y t h e s a i d a g r e e ment, then and in such case, the cession upon rny part to be nul1 and void. And in testimony of the above agreenent, to which I b i n d m y s e l f , , ' n yH e i r s a n d S u c c e s s o r s i n t h e S o v e r e i g n t y o f the Territory of Lookoot, I hereunto attach my Royal Seal at this my palace in Lookoot as aforesaid.

A true translation. Signature R. I\,IACPHERSON, Resident Councillor, Malacca

For footnotes see p.444

443

of SELANG0R DOCUMENT 26 November, 1860 Letter frorn the Sultan of Selangor to the Governor of the Straits Settlements regarding the Cession of Cape Rachado,

S e a l o f S u l t a n A B D U LS A M A D f S e l a n g o r . o We have to inform our friend that we send this letter in order to inform our friend that his letter has reached us; we have opened it and perused it from beginning to end The rewith great joy, and have understood its contents. quest contained therein we have also listened to with much pleasure, and now acquaint our friend that we can accede to the wish expressed by our friend and give our seal to make the matter settled. 0n this point our friend need not be i1l at ease. Since the ground is not of many acres, and we concur with our friend in his opinion that to have a light burnt Now in order to have thereon, will prove a great benefit: settled we give thi-s the matter clearly and definitely letter with our seal thereto affixed with great joy and pureness of heart. What we have given we cannot retract, and what we have given we have bestowed for ever. To the truth this our seal. of what is above stated we do hereby affix

Written on the lZth day of Junadi-al-Awal 1277, at 9 orclock 8.D., corresponding with the 26th day of November, 1860.

True translation.
Signature J. BURN, Resident Councillor.

FOOTNOTES 1.
7

Provenance: M.6 G., p,34. In May 1861 Singapore reported to Fort William that, unofficially at 1east, "the Rajah of Lookoot [Raja Jumarat] has been recently vested by the Sultan with supremeauthority over the whole of Selangore'r (cited in Khoo Kay Kim, op. cit., p.141). Cf . British Docrnnent of 1860. p:516.P r o v e n a f i c ' e :M . & G . , p . 3 5 .

444

Note on the Selangor Docunents of 1874 and 1875

In the late 1860rs conditions in Selangor (as in other w e s t - c o a s t S t a t e s ) b e c a m es t e a d i l y w o r s e a s t h e r i v a l r i e s between the Chinese conmunities of the nining areas interlocked with the feuds of territorial Malay chiefs. By the end of 1870 the fortunes of Yap Ah Loyrs party around Kuala Lumpur had becorne linked with those of Tengku Ziauddin (a Kedah prince who, having married the daughter of the Sultan of Selangor, had been noninated his I'viceroy"), while Yap Ah L o y ' s e n e r n i e sh a d j o i n e d f o r c e s w i t h R a j a M a h d i ( a d i s c o n tented chief who controlled the Selangor River). Although remaining Malay chiefs opted for one or other of the two c a m p s , S u l t a n A b d u l S a m a ds t r u g g l e d t o p r e s e r v e a p r e c a r i o u s neutral ity . Sir Harry Ord (Governor 1867-73) was prevented by his m a s t e r s i n L o n d o nf r o m t a k i n g e f f e c t i v e s t e p s t o r e s t o r e o r d e r to Selangor, but, while Ord was on Ieave in 187I, his deputy, Colonel Anson, made an attempt at intervention. In the pursuit of pirates Anson exceeded the terms of the 1825 Treaty, and departed from Colonial Office policy by embarking on a course of gunboat diplomacy. He despatched a force to bombardthe forts of Raja Mahdi, who had thwarted the expedition, and, through the offices of J.W.W. Birch, he compelled the Sultan to declare Raja Mahdi and his a1lies outlaws and to place Tengku Ziauddin in the position of Governor of the whole of Selangor. Despite the implications of these actions, London approved Ansonts conduct but chose to regard the affair as an isolated incident rather than the start of a new course. Indeed, thereafter the Government returned to the established policy of minimal and ineffective intervention with regard to Selangor unrest, while the warfare between the factions of Raja Mahdi and Tengku Ztauddin continued. In the surnmer f 1873, however, fear of foreign intero vention in the Malay Peninsula precipitated a change in policy in London. In SeptemberSir Andrew Clarke (Governor 7873-75) Was instructed to seek and report on means - pe::iraps the extension of treaties, maybe the appointment of British agents - whereby Britain, as paramount power, might Testore order to the west-coast States and eliminate the threat of foreign interference. 0n his amival in the Straits Settlements, Clarke quickly took matters into his own hands; in February I874, having concluded the Pangkor Treaty with some Perak chiefs, he took the opportunity provided by further

445

instances of piracy (including an attack on the Cape Rachado Clarke's lighthouse) to deal with the problernof Selangor. first concern was to reduce the influence of Malay malcontents by effecting a reconciliation between Tengku Ziauddin a n d S u l t a n A b d u l S a m a dw h o h a d d r i f t e d a p a r t s i , n c e A n s o n ' s intervention. To this end Clarke relied on J.G. Davidson, a Singapore lawyer and businessmanwho had already established himself as confidant of Ziauddin at Klang, and F.A. SwettenDuring h a m , w h o mh e s e n t t o t h e S u l t a n t s c o u r t a t L a n g a t . (13 August - 2 September S w e t t e n h a m r sm i s s i o n t o S e l a n g o r 1 8 7 4 ) S u l t a n A b d u l S a m a do f f e r e d t o p r o v i d e h i m w i t h p r o v i Swetsions and to pay his salary and the wages of his men. with Clarke in Singapore, returned tenharn, having conferred to the Sultan with a letter and a proclamation for His Highness to sign. I n t h e l e t t e r ( S e l a n g o r D o c u m e n to f 2 O c t o b e r 1 8 7 4 ) A b d u l S a m a da g r e e d t o p r o v i d e S w e t t e n h a mw i t h h i s s a Iaty and a house, and to hand over to him "a11 arrangements The for opening my countTy and collecting its revenue'r. proclamation, which was signed on the samedate and probably identical with that which was published in the Colony the f o l l o w i n g m o n t h ( S e l a n g o r D o c u m e n to f 1 8 N o v e m b e r I 8 7 4 ) , announced: first, the appointment of a Briti-sh officer "to live with us, and to aid and advise us" and, second, the Ruler's desire to restore trade. By the end of 1874 Clarke was in a position to recommend o the Colonial Office the t appointments of Davidson and Swettenham as Resi-dent and Assistant Resident respectively, and early the next year and before receiving confirnation from London - he announced t h e i r d e s p a t c h t o S e l a n g o r ( S e l a n g o r D o c u m e n to f 2 5 J a n u a r y 187s). In April 1875 Clarke received the Secretary of Staters approval of these appointments for a fixed period. The Governor inforrned the Residents that the arrangements were provisional. I n J u n e , S w e t t e n h a md e L i v e r e d a l e t t e r f r o m the Governor to the Sultan requesting formal acceptance of him as Assistant Resident. We understand that a document answering to a description of this request was once part of t h e S w e t t e n h a mC o l l e c t i o n a t t h e A r k i b N e g a r a l 4 a l a y s i a . This is the letter to which the late Dr Emily Sadka referred in The Pv,otected Malay States 1874-1895 (Kuala Lurnpur, 1968, p.57); it camefrom Clarke and its date - 18 June - was added after his departure from the Straits Settlements. Beneath Clarkets signature were a few lines from Abdul Samad accepting Swettenham ith I'great pleasure"; these were w followed by the seals of the Governor and Sultan. Though we have seen a transcription of this purported correspondence, we have not seen the origi-nal and therefore do not feel able

446

It should be added that to include it in this collection. Burns and Cowan state that the letter requesting Abdul Samad's forrnal acceptance of an Assistant. Resident carne fron Clarke's successor, Jervois. l One final point may be noted here: Clarke refrained from drawing up a new treaty defining the British position in Selangor. Instead he ernphasised that the appointnents of Resident and Assistant Resident were made only at the Sultan's invitation. This is evident frorn the documentswe print here and also in the Journals of Swettenham who recorded during his first visit to Langat in August 1874: I asked him fthe Sultan] if he rea11y wished me to stay with hin as the Governor would on no account pernit ne to do so unless he really desired it. To this he repli.ed "If you are pleased to st*y I am ten times more pleased that you should do so".l Nonetheless, the initiative of course 1ay with the British throughout these proceedings and it is clear from Swettenhamrs owrr account that the Sultan hesitated in the face of objections raised by his own sons before he put his seal (on 2 October) to the letter and proclamation which Swettenham brought from Singapore.

FOOTNOTES Sir Frank Saettenhan's l,laLagan Jouz,nals 1874-1876 Kuala Lumpur, 1975, p.252, fn.2.

2.

Ibid.

p. iOe.

447

SELANGOR DOCTJMENT 2 October, T874 of Letter from the Sultan of Selangor to the Governor of the Residentr"

I inform my friend that I have r e c e i v e d m y f r i e n d r s letter brought by Mr Swettenham and h a v e u n d e r s t o o d a l l t h a t it contains. A s t o t h e $ 1, 0 0 0 , I w i l l p a y t h a t s u m m o n t h l y t o t r { r Swettenham and I should be much obliged if my friend would enter it into my countryt s accounts. As to my friend's request that I will enter into an agreement with my friend in order that ny friend may collect all the taxes of my country, I should be very glad if my friend would set my country to right and collect all its taxes. This letter of mine with my chop on it can be a token to my friend that I trust in my friend's assistance and that I hand over to ny friend all arrangements for opening my country and collecting its revenue, for I am on the most friendly terms with my friend and I trust that my friend will assist me in this matter. And as regards my country at this time there is no disturbance whatever in it and I tnrst in my friend that there may be unbroken peace in my country. Moreover I inform my friend that when this fasting month is over I intend to travel in the several districts of the country with Mr Swettenharn in order that I may see the condition of the country. As regards my friend's Officer, Mr Swettenham, I have already informed my friend, I arn now making a house for hin in order that he may live with me in comfort. This is what I inforn my friend. Seal of Sultan ABDULSAMAD Selangor of Langat, 21 Shaban, 1291 2nd October 1874.2

For footnotes see p.450

448

of DOCUMENT 18 November, I874 SELANGOR Proclamation by the Sultan of Se1"ngor3

Be it known to all nen that We, Sultan Abdussamadbin on the throne of the Tunku Abdullah, who is now sitting Kingdon of Salangore, make this Proclamation. Now, We wish to open our countTy Salangore (for trade) and its dependencies, and our intention is to secure peace and prosperity to all our subjects. We have a British Officer by our request from Hi.s E x c e l l e n c y S i r A n d r e wC l a r k e , R . E . , C . B . , K . C . M . G . , G o v e r n o r of the three Settlements, Singapore, Penang, and Malacca, f r o n h i s G o v e r n m e n tt o l i v e w i t h u s , a n d t o a i d a n d a d v i s e uS, in order that Wemay rule our country with justice, and to protect the lives of the Merchants as well as of the people of every nation. i Now, We, Sultan Abdussarnad,nform al1 European Gentlem e n , C h i n e s e H e a d m e n ,a n d o t h e r s , t h a t W e s h a 1 l b e e x c e e d ingly glad if any one will come to do any useful business for themselves in our country, such as to open tin or gold or to cut Tinber, or Mines, or for purposes of cultivation, on any other profitable business; to look for Gutta Percha and as for all these we desire to protect them, as much as we can, who cone to our country as well as well as their lj-ves and properties. And whosoever open the tin-mines they must pay the taxes which according to the rule of our country are being collected in Klang, Salangore, and other pLaces urider our authority; and whoever like to cultivate Sugar, Tobacco, Paddy or other kind of produce we will grant to them lands rnay free of payrnent for cultivation, and the cultivators of three years without continue their business for a term paying taxes on the produce. This is what we inform all those who like to carry out t h e b u s i n e s s , t h a t t h e y m a y c o r n ea n d t a l k w i t h ' u s p e r s o n a l l y , or with our agent, or Viceroy Tunku Dia Udin, the son of the late Zinurrasheed, who is now in Klang at the town of Pangka11an Batu, we will confirm his actions. And accordingly we set our seal upon this notice as a sign of verity.

D a t e d 9 t h S h a w a i 'I 2 g I i . e . ,

18th November,I874.4

449

SELANG0R DOCUMENT 25 January, 1875 of Proclamation by the Governor of the Straits garding the appointment of a British Settlements reResident:

I,

Be it known to all men that Sultan Abdulsamad, Ruler of Salangor, K1ang, Langat, Bernarn and Lukut, with their d e p e n d e n c i e s , b e i n g d e s i r o u s o f b e t t e r G o v e r n m e n ti n h i s country, has asked us for an English Officer to assist him to open up and govern his country, and, at his request, we have sent him two Officers, Mr Davidson to reside at Klang, and Mr Swettenham at Langat, to assist in this work, and especially in protecting the lives and property of dwellers Now, therefore, in, and traders to, Salangor and Provinces. the Sultan of Salangor having issued a Proclamation dated the 21st Shaban, 1291, inviting Merchants and others to seek a livelihood in his country, we fully approve of that Proclamation and our above-menti-oned fficers will assist all O good men who will go to Salangor and Provinces, either to settle or to trade there,
Bv His Excellencyfs Comrnand.

J FT [-F i ss:
tt .!F

T. BRADDELL Colonial Secretary of the Straits Settlements.

I
Colonial Secretaryrs Office, Singapore, 25th January 1875.

FOOTNOTES 1 2 Provenance: M.& G., pp.35-6. M.Q G. incorrectly give the date as 1 October, cp P.L. Burns and C.D. Cowan eds., Sit, Fz,ank Suettenhamts Malayan Journals 1874-1876, Kuala Lumpur, 1975, p.340. SettLements Gouernment Gaaette Provenance: Straits (Singapore), 12 Dec. 7874, pp.749-50, reproduced in B u r n s a n d C o w a n ,o p . c i t . p p . 3 4 I - 4 2 . Burns and Cowan comment: "Although dated 18 Novernber this would appear to be either the Proclamation signed version agreed upon by on 2 October, or an alternative

450

the Sultan perhaps on the Governor,s suggestion. The Sultan,appears to have ."."iu"Ja reply to his letter about 8 November. The proclamation may have been re_ drafted or sealedgn tl" and returned to S i n g a p o r e f o r p u b l i c a t i o n "ighfu"nth .,," iiia., p.sit^;;;^;;-p.**" fn. 3. Provenance: M.q C., F.36.

451

Note on the Selangor Treaty of 1945 For a general note on the MacMichael Treaties p. 117. see

Although MacMichael reported friendly negotiations in In a letter selangor, HH Alam Shah recorded his protests. Marchwood, 18 February 1946, the Sultan told of the to Lord objections to new tTeaty which he had raised during He said he had signed the Agreement in MacMichael's visit. because, amongst other things, he had understood the end from the British Envoy that without it peace in Malaya would be impossible, he had trusted the King, the sultan of Johore 'tRulers should had signed, and MacMichael had asked that the His Highnessts advisers, who had not be recalcitrant.tfl the recently deposed placeman of the Japanese, Tunku served Musa Udin, had not recovered their poise by the tirne of the L,tacMichaelMission and they probably recommendedacquiescence to the unfavourable treaty rather than risk confrontation with the British.

FOOTNOTE Papers of Sir George Maxwell (Roya1 Commonwealth Soci-ety Library), I 4.

452

SELANGOR TREATY OF 24 October. 1945

't*

MacMichael Treaty^

Agreement between H i s l r { a j e s t y r s G o v e r n m e n tw i t h i n t h e United Kingdom of Great B r i t a i n a n d N o r t h e r n I r e l a n d a n d the State of Selangor. W h e r e a sn u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i - s B r i t a n n i c It{ajesty and His Highness the Sultan of the State of Selangor: And whereas it is expedient to provide for the constitutional development of the Malay States under the protection of His Majesty and for the future government of the State of Selangor: It is hereby agreed between Sir Harold l{aclrlichael, G.C.l{.G.,D.S.0., the Special Representative of His Nlajesty's G o v e r n m e n tw i t h i n t h e U n l t e d K i _ n g d o m f G r e a t B r i t a i n a n d o Northern lreland on behalf of His l,{ajesty and His Highness S i r H i s a m u d - d j - n l a m S h a h , K . C . N { . G . , i b n i A 1 - N { a r h u mu l t a n A s Alaidin Sulairnan Shah the Sultan of the State of Selansor f o r h i m s e l f , h i s h e i r s a n d s u c c e s s o r s :His Highness the Sultan agrees that His lr4ajesty sha1l have ful1 power and jurisdiction within the State of Selangor. Save in so far as the subsisting agreements are i n c o n s i s t e n t w i t h t h i s A g r e e r n e n to r w i t h s u c h future constitutional arrangernents for Malaya as may be approved by His lrlajesty the said agreelnents shall remain of full force and effect. Signed this 24 day of October 1945 H .A. }ACMICFIAEL Special Representative of the British Government H.T. BOURDILLON

Signature

IVitness

For footnote see p.454

453

Signature W i t n e ss e s

ALAM SHAH Sultan of Selangor HAMZAH NONG

Seal of the State of Selangor.

FOOTNOTE c o r r e c t b y Major Leonard Owen, A copy certified Notary Public of England, is in the National A r c h i v e s o f M a l a y s i a , K u a l a Lunpur.

454

Note on the Selangor Treaty of 1948

As the result of Malay opposition to the Malayan Union scheme and the MacMichael Treaties the British entered into negotiations with the Rulers and the leaders of UMNO. These discussions went through several stages between July 1946 and early 1948, and, although certain Malay radical and non-Malay groups condemnedas undenocratic both the consultative process and the constitutional proposals, it was decided:(i) to revoke the Malayan Union Order in Council, 1946, (ii) to replace the MacMichael Treaties by new State Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreementswere signed and sealed between the Rulers and Gent (on behalf of His Maiesty) on 21 January - the day which also saw the conclusion of the Federation of Malaya Agreement (see p.100 ) . Under these State Agreenents the jurisdiction of the Crown was confined to external affairs and defence. However, the Malay Rulers were stil1 bound to accept the advice of British Advisers (note: the same title was adopted by the principal British officials posted to the Malay States) I'on all matters connected with the government of the State other than matters relating to the Muslim Religion and the Custom of the Malays". In addition Their Highnesses were now subjected to written (Council of constitutions which provided for a legislature State) and an Executive Council in each State. Up to this tine only Johore and Trengganu had possessed written constitutions (see Johore Document of 1895 p. 77 and Trengganu Document f 1911 p.474). o

455

SELANGOR TREATYof 2I January, 1948

1)k

State Agreement revoking the MacMichael Treatyt

Agreementmade the twenty-first day of January, 1948, b e t w e e n S i r G e r a r d E d w a r dJ a m e s G E N T ,K . C . M . G . , D . S . O . , 0.8.E., M.C., on behalf of His Majesty and His Highness HISAMUDDIN ALAMSHAIIibni Alnarhum Sultan ALA-IDDIN SULAIMAN SHM, K.C.M.G., Sultan of the State of SELANGOor Himself fR and His Successors: W h e r e a sn u t u a l a g r e e m e n t s s u b s i s t b e t w e e n H i s M a j e s t y and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for the peace, order and good government of the State of Selangor: And whereas His Majesty in token of the friendship which he hears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Selangor is pleased to make fresh arrangements to take effect on such day as His Majesty nay by Order in Council appoint (hereinafter ca11ed "the appointed day"): And whereas it is expedient to provi-de for the constitutional development of the State of Selangor under the protection of His Majesty and for its future government: Now, therefore , it Short title and commencenent. is agreed and declared as follows:

1. This Agreementnay be cited as the S e l a n g o r A g r e e m e n t ,1 9 4 8 , a n d s h a l l c o m e into operation on the appointed day immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day shal1 be published in the Malayan Union Gazette together with a copy of this Agreenent. 2. In this A.greenent:

Interpretat ion

" E n a c t m e n t t rn e a n s a n y l a w e n a c t e d b y H i s Highness with the advice and consent of a Council of State constituted in accordance with this Agreement; For footnote see n.461

456

"Federal Government" means the Government of the Federation; "the Federationtr means the Federation of Malaya to be cal1ed in Malay 'rPersekutuan Tanah Nle1ayu",which is to be established on the appointed day; t'Federation Agreement'r neans the Agreement which is to be nade between His Majesty and Their Highnesses the Rulers of the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah, Perlis, Kelantan and Trengganu for the establishment of the Federation, and includes any amendmentthereof; r r t h e H i g h C o n r n i s s i o n e r r rm e a n s t h e H i g h Conmissioner for the Federation; I'His Highnessil means the Sultan of Selangor and His Successors; "His Highness in Council" neans His Highness acting after consultation with the State Executive Council to be constituted in accordance with this Agreement, but not necessarily in accordance with the advice of such Council nor necessarily in such Council assembled; "Secretary of State't meansone of His Majestyrs Principal Secretaries of State. Protection and external affairs. (1) His Majesty sha1l have cornplete 3. control of the defence and of all the external affairs of the State of Selangor and His Majesty undertakes to protect the Government and State of Selangor and all its dependencies from external hostile attacks and for this and other similar purposes His Majestyts Forces and persons authorised by or on behalf o f H i s M a j e s t y r s G o v e r n m e n ts h a l 1 a t a l l times be allowed free access to the State of Selangor and to employ all necessary r n e a n so f o p p o s i n g s u c h a t t a c k s . (2) His Hlghness undertakes that, without the knowledge and consent of His M a j e s t y t s G o v e r n m e n t ,h e w i l l n o t m a k e any tteaty, enter into any engagement,

45'l

deal j-n or correspond on political matters with, or send envoys to, any foreign State. British Adviser 4. His Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on all matters connected with the government of the State other than matters relating to the Muslim Religion and the Custom of the Malays, and undertakes to accept such advice; provided that nothing in this clause sha11 in any way prejudice the right of His Highness to address the High Commissioner, or His Majesty through a Secretary of State, if His Highness so desires. 5. The cost of the British Adviser with his establishment shal1 be determined by the High Commissionerand shal1 be a charge on the revenues of the State of Se1angor . 6. His Highness shal1 be consulted bef o r e a n y o f f i c e r w h o mi t i s p r o p o s e d t o send as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government may require and to permit such officers to exercise such lawful authority and powers and to perform such 1awfu1 functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High Commissioner, perform within the State of Selangor such State duties and may exercise such State powers as may be imposed or conferred upon hirn by His Highness in Council or by Enactment. 9. His Highness undertakes to govern the State of Selangor in accordance with

Cost of British Adviser.

Appointment of British Adviser

Federal officers

When Federal officers rnay perform State functions.

State Constitution.

458

the provisions of a written Constitution which shal1 be in conformity with the provisions of this Agreement and of the Federation Agreement and which sha11 be granted and promulgated by His Highness as soon as conveniently nay be either in whole or, if His Highness thinks expedient, i-n Parts from time to time. Councils to be constituted. 10. In pursuance of the undertaking contained in Clause g of this Agreement and in confornity with the provisions of the Federation AgreementHis Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be called in English State Executive Counc 1 ; i (b) a Majlis MeshuaratNegri, to be called in English Council of State. His Highness to be consulted before posting of officers by High C o m m i s s i o n e rt o posts borne on State estimates. Impart i a I treatment. 11. His Highness, unless he shall otherwise direct, sha11be consulted before any officer is posted by or on the authority of the High commissioner to any Dost borne on the State Estimates.

12, A11 persons of whatsoever race in the sarne grade in the service of the State of Selangor sha11, subject to the terms and conditions of their emplolment, be treated impartially. 13. His Highness desires and His Majesty agrees that it shal1 be a particular charge upon the Government of the State of Selangor to provide for and encourage the education and traini-ng of the Malay inhabitants of the State of Selangor so as to fit them to take a full share in the economic progres-s, social welfare and government of the State and of the Federation. 14. (1) The Agreementmade on the 24th day of October, 1945, betweenHis Majestyfs G o v e r n m e n tw i t h i n t h e U n i t e d K i n g d o m o f

Education and training of Malays.

Previous Agreements

459

Great Britain and Northern Ireland and His Highness Hlsamuddin Alam Shah, K.C.M.G., ibni Almarhum ultan A1a'idin S Sulaiman Shah the Sultan of the State of Selangor, for Himself, His Heirs and Successors is hereby revoked. (2) A11 Treatj-es and Agreenents subsisting immediately prior to the making of the aforesaid Agreement of the 24th day of October, 1945, sha11 continue in force save in so far as they are inconsistent with this Agreenent or the Federation Agreement. Sovereignty of the Ru1er. 15. The prerogatives, power and jurisdiction of His Highness within the State of Selangor shall be those which His t{ighness the Sultan of Selangor possessed on the first day of December, 194I, subject nevertheless to the provisions of the Federation Agreenent and this Agreement; but undininished by the provisions of any of the Agreements specified in the Schedule to this Agreement. 1 6 . T h i s A g r e e m e n ts h a l l b e e x p r e s s e d in both the English and the Malay languages; but, for the purposes of interpretation, regard sha11 be had only to the English version.

Language of Agreement.

In witness whereof Sir Gerard Edward James Gent, K.C.M.G., D.S.O., O.B.E., M.C., has hereunto set his hand and seal for and on behalf of His Majesty, and His Highness Hisamuddin Alam Shah ibni Alnarhurn Sultan A1a-Iddi-n Sulairnan Shah, K.C.M.G., Sultan of the State of Selangor, has hereunto set his hand and seal, the day and year first above written.

THE SCHEDULE (1) Date of Agreernent 1. Ju1y, 1895 (2) Tit 1e Agreement between the Governor of the Straits Settlements acting on behalf of the Governnent of Her },{ajesty the Queen, E m p r e s so f I n d i a , a n d t h e R u l e r s o f t h e

460

(1) Date of Agreement

r1).

rl;i"
following Malay States. that is to SZy, Perak, Selangor, Pahang and the Negri Sembilan.

2Oth October, 1909.

Agreernent between the High Commissioner of the Federated Malay States, acti-ng on behalf of the Governrnent of His Majesty the King, Emperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Pahang and the Negri Sembilan. Agreenent supplernental to the Agreenent for the Constitution of a Federal Council, 1912. Agreement further supplemental to the Agreement for the Constitution of a Federal Council. Agreement between the High Commissioner for the Malay States, acting on behalf o f t h e G o v e r n m e n to f H i s M a j e s t y t h e King, Emperor of India, and the Rulers of the Federated Malay States of Perak, Selangor, Negri Sembilan and Pahang.

7th November, I9I2.

4. 9th July,

1924

24th April,

1927

Signature and s e a l o f Witness Signature and s e a l o f Witnesses

G.E.J. GENT for and on behalf of l-lis Majesty. A.L. BIRSE TENGKU ALAN{SHAI{ Sultan of Selangor BIN ABDULLAH HAMZAH A.R. MAHMOOD RAJA MOHMEDBAZID

FOOTNOTE 1. Provenance: Statutory Instz.uments for, 194B,I, i, no 108, The Federation of Malaya Order in Council, 1948

461

Trengganu

During the period immediately following the Anglo-Siamese Treaty of 1826 (see p.312 tf), the international position of the ancient kingdorn of Trengganu - whose Rulers traced their genealogy back to the Malaccan sultanate - was open to interpretation. While the British were generally prepared to regard both Trengganu and Kelantan as lying within the Siamese orbit, the Straj-ts Government was nonetheless wary lest Sianese influence increased in these eastcoast States. Colonel Cavenagh(Governor 1859-67), suspecting that Siam was taking advantage of the Pahang civil war to reinforce its hold over Trengganu, strove to stiffen the anti-Siamese faction to the extent of sending two warships to Kuala Trengganu. Later, however, the British cane to confine their attention to those Malay States south of Kedah and Trengganu, and to accept Siamese suzerainty over Trenggaru and Kelantan as well as over Kedah and Perlis. Towards the end of the nineteenth century authorities in London, particularly the Foreign Office, were most unwilling to disturb Siam in view of the French position in Indo-China (see AngloS i a m e s e D o c u m e n t so f 1 8 9 7 a n d 1 8 9 9, p . 3 2 7 f f ) . In Trengganu itself Sultan Baginda Omar, who reigned from 1839 to 1876, was sufficiently powerful and sufficiently renote from Siam to evade such duties of vassalage as the bunga mas. He was also able to institute a policy of centralisation and modernisation, which was continued by the milder Zainal Abidin III, with the result that the administration of Trengganu at the turn of the century was far less degenerate than the mournful tales told by European observers would have us believe. In 1902 London allowed the loca1 authorities nore rein and Swettenhan (Governor-l1igh Cornmissioner 1901-03) embarked on a forward policy which aimed at introducing a d v i s e r s , s i m i l a r t o F M SR e s i d e n t s , i n t o K e l a n t a n a n d Trengganu. While he was partially successful as far as Kelantan was concerned, Trengganu refused to sign the 1902 Agreement maintaining that she was and always had been independent of Siam (see general note on Kelantan p.187 , and note on the Kelantan Documents f 1902 p. 196). o

462

Note on the Trengganu Document of 1909 and Treaty of 1910

W h e na B r i t i s h o f f i c i a l amived in Trengganu early in 1909 to take up the post of Adviser he was apparently not expected and the Sultan, although courteous, would not permit nor would he accept from his hands him to take up residence; a letter from the King of Siam reporting the "handover'r of t h e S t a t e i n c o n s e q u e n c eo f t h e 1 9 0 9 A n g l o - S i a m e s e T r e a t y , Governor Sir nuch less sign any sort of draft agreement. I John Anderson vj-sited Trengganu later in the year, and to him the Ruler protested against a clause in the draft treaty limiting his royal prerogative of granting concessions of 1and. Anderson explained that it was meant to curb the activities of "foreignersr' - non-British Europeans - but the Sultan was unnoved and in the end Anderson proposed that he shoutd rewrite the clause himself, with the help of Eventhe Briti-sh offic.ial, who was now permitted to stay. tua1ly the Sultan rewrote the entire treaty almost unaided, prevailed upon him to although the Singapore authorities exchange a promise of unconditional support should Trengganu need it for a vague pronise of mutual help, and to reduce somewhat the maximumsize of concessions the Ruler could grant without consultation. The final version - or rather a rapid translation of it, which the Colonial Office described as rrrather a hard documentdrafted by the Sultanrr which 'rwould not be sufficient as a permanent basis of - was signed with much ceremony in Singapore administration"2 in April 1910.3 Meanwhile, however, the Sultan had of his own initiative written a letter to the King of England and sent him somegifts. T h i s d o c u m e n t ( T r e n g g a n u D o c u m e n to f 1 9 0 9 ) is of more interest as an example of Malay epistolary e1egance than as a political charter, but a few decades earlier it might have been taken as an excuse for intervention in and even in the period between the Trengganuts affairs, A n g l o - S i a m e s e T r e a t y a n d t h e s i g n i n g o f t h e . 1 9 1 0A n g l o Trengganu Treaty it might have been used as evidence of d i m i n u t i o n o f T r e n g g a n u t s i n d e p e n d e n c eh a d o c c a s i o n a r i s e n .

FOOTNOTES 1. 2. CO 273/350, Andersonto CO, 3 Aug. 1909, G enc1s. CO 273/365, Collins'minute COof 24 Dec. 1909. of 9 Jan. 1910 on F0 to

463

3.

priYl!9'--?8 J^uty1909; C O 2 7 3 / 3 5 0 ,A n d e r s o nt o S t u b b s A n d e r s o nt o t Andersono co,3 Aug. 1909; & co 273/36I, ci' t, 9: v' Allen' "The ancien c0, 27 Apr. igio' ' XLI ' i (1968)' ' r\gtme in ft"ngganu,' 1909-1919" JIhBRAS

464

TRENGGANU DOCUMENT 7 November, 1909 of Sultan of Trengganu's Letter to the King of Great Britain' Translation
TJk

This sincere letter and these varied gifts, whi-ch issue from a pure heart that harbours no doubt or suspicion but the best of remembrance and confidence which are ever present so long as the sun and the moon pursue their courses, are frorn me, Sultan ZainaT Abidin, possessor of Trengganu and all its districts. With the help of Almighty God are conveyed to the Mighty and Dignified King Edward, who is now sitting on the throne of Great Britain and reigning over countless countries dependent upon it with justice and humanity which ensure peace and prosperity. With the deepest reverence I beg to submit this letter to Your Majesty, to say that I am most happy to shelter mys e l f i n t h e s h a d o wo f Y o u r M a j e s t y t s T h r o n e , a n d I a m s u r e that there I sha11 always be safe fron hardships or difficulties and be able to enjoy every blessing which will last to the time of my posterity who will succeed me as Sultan of Trengganu, such is my fervent hope. There is nothing from me which could serve as a curiosity to Your Majesty except some things which are rnanufactured in Trengganu and are quite worthless, namely, two pairs of sarongs and somepairs of brass articles which I beg to forward together with this letter and hope will reach Your Maiesty in safety. That is all except that I beg to add my deepest homage to Your Majesty with the most fervent prayers that God may grant Your Majesty a long life and the highest blessing to sit on the illustrious Throne and exercise the justice and hunanity whose light is now filling every part of the globe Dated in Trengganu the 7th of Novenber, 1909 Signature ZAINAL ABIDIN BIN AHMAD, Sultan of Trengganu.

For footnotes see p.468

465

TRENGGANU AGREEMENT 22 April, of First Trengganu Treaty2

1910

Agreement to determine certain matters concerning the r e l a t i o n s b e t w e e n t h e M i g h t y G o v e r n m e n to f G r e a t B r i t a i n a n d the Government of Trengganu, a self-governing Malayo-Muhammadan State. Madebetween the representative of His Majesty the King of Great Britain, His Excellency Sir John Anderson, GCMG, Governor of the Straits Settlements and High Commissioner for the Federated Malay States, on behalf of His Majesty. And His Highness Sultan Zainalabidin, who possesses and adninisters the Government of Trengganu and all its dependencies, for hinself and his heirs to succeed him as Sultan in accordance with Malay custom in the Government of Trengganu.

Article

His Majesty the King of Great Britain and His Highness the Sultan of Trengganu hereby agree that mutual help shal1 be rendered by the two Governments. So also in the mutual delivery of offenders or persons accused or convicted of any offence, in accordance with arrangements to be made between the two Governments. It is also agreed that both parties by the provisions of this docurnent. Article ii sha1l abide strictly

His Majesty the King of Great Britain declares that he only desires to place a British Officer to reside in Trengganu to be an Agent with functions similar to those of a Consular Officer. His Highness the Sultan of Trengganu undertakes to receive this Officer and to provide free of cost a piece of land in his country on which to build a house for the occupation of such Officer.

466

.Article iii His Majesty the King of Great Britain undertakes on his part to protect the Government and the State of Trengganu and a1l its dependencies fron attacks by foreign enemies, and for this and other similar purposes the officers of His M a j e s t y r s G o v e r n m e n ts h a l l a t a l l t i m e s b e a l l o w e d f r e e access to the seas and territories of Trengganu and its dependencies and to employ proper means of opposing such attacks. Article iv

His Highness the Sultan of Trengganu hereby agrees that without the knowledge and consent of the British Governnent he will not make any treaty, deal in or correspond on politica1 matters with or send envoys to any foreign Government, interfere in the politics of any Malay country or grant any mining concession exceeding 500 acres or other land exceeding 3,000 acres in area to any person other than natives and subjects of Trengganu. It is also agreed that should any cause arise requiring political correspondence between His Highness the Sultan of Trengganu and any foreign Government, such correspondence shal1 be conducted through the British Government on whom His Highness the Sultan of Trengganu depends for help and for the settlement of any matter between the Government of Trengganu and the foreign Government. The last preceding clause does not refer to non-political correspondence or visits of a friendly nature or the 1ike. In witness whereof His Excellency' Sir John Anderson, G . C . M . G . , a n d H i s H i g h n e s s t h e S u l t a n o f T r e n g g a n uh a v e s e t their respective seals and signatures. D a t e d a t S i n g a p o r e , t h i s twenty-second day of April in the year 1910, corresponding to the eleventh day of Rabial-Akhir in the year 1328. Seal and SignatureS Governor of o f JOHNANDERSON, the Straits Settlements and High Commissioner for the Malay States.

Wi-tnesses

T. PERROTT, C o m m a n d i n gh e T r o o p s , S . S . t

467

F. BELFIELD, Attorney-General, S.S. Seal of Witnesses ZAINALABIDINBIN AHMAD Sultan of Trengganu. OMARBIN ABDULRAHIM HAJI NGAHBIN YUSOP AHMADBIN ABDULRAHMAN

FOOTNOTES I 2 Enclosed in C0 272/360, Anderson to co, 5 Jan. 1910 Unsigned original 27 Apr. 1910. i n C O 2 7 3 / 3 6 3 , A n d e r s o nt o C 0 ,

Taken from M. 6 G., p.113.

468

Note on the Trengganu Document of 1911 and the Treaty of

No detailed study of the 19ll Trengganu Constitution has yet been rnade, but it was almost certainly the work of Sultan ZainaI Abidin III hinself, aided perhaps by Wan Abu Bakar, a former schoolteacher from Johore, among others. It appears to have been designed, as was its Johore counterp a r t ( s e e J o h o r e D o c u m e n to f 1 8 9 5 p . 7 7 ) , t o m e e t t h e d u a l challenge of British pressure fron without and factionalism within the State. It is also in some sense a blue-print for future Trengganu society, sketching a system in which birth counts for less, and merit and bureaucratic seniority for more, than in the past. it prescribes The institutions w e r e o p e r a t i v e , w i t h s o m er n o d j - f i c a t i o n s , u p t o 1 9 4 5 . How far it solved problems caused by factionalism is not clear: certainly i-n 1914 there was talkoof it being annulled "because it is not being folIowed."r Nor at first does it seem to have been of much value in helping the State to resist British pressure. Although its existence was mentioned, Singapore and London did not even receive a translation of it until the end of 1919, when the Second Trengganu Treaty had already been signed. It was translated in connection with the proposal to depose Sultan Muhammad, and Sir Arthur Young, who had been High Conmissioner throughout the intervening years and had only just retired, wrote to the Colonial Office: I have not mentioned the so-ca11ed constitution, it is a slavish copy of the [1895] Johore Constitution and of course the agreenent rnade last May lie the 79L9 Trengganu Treaty], even i-f the Constitution had been recognised, has nodified it in the sameway that the [1914] agreement madewith Johore modified the Johore Constitution. z Youngrs temporary replacement in Singapore, Seton Jarnes, madethe point that 'r... lthe Constitution] has never been officj-ally submitted to or recognised by the High Commissioner"3 but the Colonial Office di-d not conrnit itself on whether this rendered it invalid in British eyes. London officials did, however, note that the Constitution did not give them any right to depose the Ruler, and a few rnonths later they recognised his "abdication" under Section iii without demur. British policy in Trengganu in the years 1919-1920

For footnotes see o.472

469

deserves more attenti-on from scholars than it has so far received for it marks the lowest point in British respect for Malay Rulers and their treaties since the 1870s. At the time of the signing of the 1910 Treaty, largely drafted by Sultan Zainal Abidin, it had been noted that such a docunent could not forn a lasting basis for British rule (see Note on Trengganu 1910 Treaty). As the Great war drew to a close, and with it his own term of office, Governor-High commissioner sir Arthur Young announced his intention of rrputting things on a better footing.,, In July 19Ig he summonedsultan zainar Abidin to Singapore to confront hin with a list of complaints and (following the same tactic he had employed in Johore in 1914: see Note on Johore Treaty a n d D o c u n e n t s o f 1 9 1 4 p . l O 2 ) d e m a n dt h e s e t t i n g u p o f a
cOmmission to exantirte Tleng g.trtu cf faits lf.on-r-nf hi c cnn

plaints were successfully parried, but in the end Young succeeded in getting permission to send such a commission, although the Ruler insisted, very much against his wishes, on returning to Trengganu to consult the State Council before authority was granted. The Commission was at once appointed and shortly afterwards arrived in Trengganu at only one day's notice. It is worth recording that i-t was only at this stage that London heard anything about the matter at aIL.4 of the Trengganu The Commissionrsreport was critical regime, especially in connection with the administration of police affairs, one of its districts, and the condition of the prison. Young asked and received London's authority to insist that the British Agent should be upgraded to an Adviser with identical powers to those of British Advisers in the other Unfederated States5 and sent for the Ruler to come to Singapore once more. I'leanwhile, however, Sultan Zaina[ Abidin had died of a sudden illness in late 1918 and h a d b e e n s u c c e e d e db y h i s s o n . Sultan Muhanmad eclined d the Singapore invitation on grounds of i11-health. A firmer one was sent, and he finally arrived in mid-1919 rvith a group of Ministers and State Councillors. Young presented him with a new Treaty, taking the form of an amendnent to the earlier one (cp. Johore Treaty of 1914) giving the Adviser appropriate powers. The Sultanrs advisers proposed an amendrnent to the effect that the Adviserrs advice should be taken only if it was for the good of Trengganu - sc. in the opi-nion of the Ruler and his Council. This Young refused, but he did give the Ruler a letter promising that if he could not agree with his Adviser the matter should be referred for arbitration to the.High Commissioner and ultimately to the Secretary of State.o It was

470

regrettable for Trengganu that the Sultan did not insist on having it published as a sure.t akuan - cp. Johore Docunents of 1914 and Kedah Docunents of 1923 - for in the event neither Singapore nor London took the letter very seriously. The Sultan then sealed the Treaty after consultation with h i s M i n i s t e r s ( T r e n g g a n uT r e a t y o f 1 9 1 9 ) a n d r e t u r n e d h o m e . Young, for his part, despatched a letter to the Ruler laying down what he called "guidelinest' for the future administration of the State and then retired to Britain, apparently quite satisfied that he had fulfilled his ambition in that direction. Youngrs "guidelines" were as follows: (i) The Rulerrs allowance, which he had recently raised from $6,000 to $9,500 per month, to be cut to $3,500 per month; the Adviser was to '?regulateil the affairs of the Lands and Mines Department (which was responsible for dealing with concessions), the Courts and the Treasury; an Assistant Adviser would be appointed shortly who would sit on the Suprerneand Appeal Courts along with Malay judges; P o l i c e a n d P . W . D . o f f i c e r s w o u l d b e s e c o n d e dt o Trengganu as soon as possible; and

(ii)

(iii)

(iv)

(v) the Adviser would in future prepare estinates and subnit them to the Hi-gh Commissioner for approyal, a n d w o u l d a l s o p r e p a r e a T r e n g g a n u P e n a l C o d e ./ Not surprisingly, perhaps, the Sultan opposed most of these provisions especially that regarding his own allowance. He wrote to Singapore in July accepting the last proposal but rejecting the first three and asking to know the salaries of the P.W.D. and Pollce officers rrin the first instance't. London later described this letter as "impertinentt' and f'barely civil" but this was not a fair description of it. Youngts letter authorising him to appeal to the Secretary of State if need be implied the right to disagree with the Governor-High Conrnissioner as rve1l as the Adviser, and it appears that disagreement was all Sultan Muhammad wished to register. In the interregnum after Young?s departure and before the arrivaL of his successor responsibility for dealing with the Sultan devolved nore than ever upon the Adviser, J.L. Hunphreys. He now wrote asking the Sultan to prove

4'11

that it was irnpossible for him to accept a reduced allowance by providing a statement of how he spent his present one. The Rulerts response to this request rea11y was "barely Hulnphreys thereupon assembled civilr' - and srnall wonder! a nurnber of adverse comments upon the Sultan by earlier British officials and asked Singapore for permission to depose hin as physically incapable of ruling. The Colonial Offi.ce consulted Young, who advised against deposition at the mornent, among other reasons because there was no British I doctor in Trengganu to substantiate Humphreys claims that the Ruler was physically incapable. Although Colonial Office officials argued that the Anglo-Sianese Treaty of 1909 (qu) gave Britain the authority to depose a Ruler of Trengganu, it was decj-ded to temporise and ask for more details if only, as Young put it, because 'rthere are cranks in Parliament who are quite ready to take up such a case and ask questions. "B It is not yet established what was happening in Trengganu neanwhile but in May 1920 the Colonial Office - who had heard nothing since Seton James' despatch of December had 1919 - were inforned by Guillenard that Sultan Muhammad after all 'rabdicated" under Clause iii of the Constitution, a n d h a d b e e n s u c c e e d e db y h i s h a l f - b r o t h e r w i t h t h e a p p r o v a l of the Ministers and State Council and Guillemard's own confirmation. No further evidence of Sultan Muhammadrs health or behavi-our was forthcoming, but London raised no objection and the matter was allowed to drop. The question of the validity of the 1911 Constitution arose again in connection with the 1945 Trengganu Treaty

( q . u . ).

FOOTNOTES
1 1

C0 273/4I1, encl

in Young to CO, 8 June 1914. 29 Feb. 1920.

CO537/797, Youngto Collins private, Ibid., J a m e st o C O , 3 0 D e c . 1 9 1 9 .

CO 273/471, Youngto CO, 8 Oct. 1918; CO 273/473, Young to CO, 14 Sept. 1918; CO 273/474, Youngto C0, 23 Dec. 1918. 5 CO 273/486, Youngto COtel., 26 Mar. 1919.

This letter is rnentioned in CO 273/487, Young to CO conf. 4 June 1919, but no copy was enclosed.

472

7. 8.

CO 273/478, Young to CO conf., 4 June 1919, enc1. Young to Sultan of T r e n g g a n u o f 2 6 M a y 1 9 1 9 . C O 5 3 7/ 7 9 8 , Y o u n g t o C o l l i n s p r i v a t e , 29 Feb. 1920.

473

DOCUMENT 22 November, 1911 of TRENGGANU l'rengganu Constitut ionl ( T r a n sl a t i o n )

S t a t e S e a l a n d S i g n a t u r e Z A I N A LA B I D I N I n t h e n a m e o f G o d , t h e C o m p a s s i o n a t ea n d t h e M e r c i f u l . In the reign of A1-Sultan Zainal Abidin the Third, Supreme Ruler of the State of Trengganu, its territories dependencies.

and

K n o wy e , t h i s i s a S t a t u t e f o r C o n s t i t u t i o n o f t h e Government of Trengganu in which are set forth certain rules relating thereto and governing our own procedure, the procedure of our successors in office, of Ministers, Chiefs, Officers and subjects of the State and their successors. (ConstiWe name this book t'Atkanul-muluk bitaadil-u1-suluk" It consists of a preface or preanble, tution of the State). fifty-three sections and one conclusion. Preface or Preamble Whereas we, Zatnal Abidin, Sultan, son of the late Sultan Ahmad, who hold and control the Government of Trengganu, by virtue of our office, with the consent and approval of our Ministers and State Counci-l, Chiefs and Heads of Departments, have, after fu11 and mature consideration, deemed it fit and expedient for us to frame and put into force a Statute for the Constitution of the Government of Trengganu, for and on behalf of ourself and our successors in the office of Sultan of Trengganu in order that such Statute and its application to and by the Government nay be By the Grace of known to all the people of the country. God this may be the permanent Constitution of our Government and a 1aw for ever from generation to generation, not to be altered, amended,changed, broken or destroyed. And whereas we have been pleased and willing to approve what is contained in this Statute for ourself and our successors in the office of Sultan and Ruler of Trengganu. And whereas our Ministers, Chiefs and Heads of Departments have all signified their willingness and consent to follow and abide by our wishes, which accord with their own desire and wishes on behalf of themselves, their heirs and successors and all our subiects. * For footnotes see p.493

474

Finding we are united in our desire and wishes we issue all the rules contained in this Statute which are considered to be very desirable to serve as a guide in matters of State. Know ye, by virtue of our Office we hereby inpose on ourself, our successors and all the observance of all the provisions of this Statute; they are true and straight and Whoever have been adopted for our State and Government. refuses to observe them sha11 therefore be deemed as unjust, wrong and rebellious.

Section i The Ruler, Heirs & Menbers of the Government. 1. Ruler: This is His Highness the Sultan, SuprerneRuler of Trengganu, who controls and holds all the powers of the Government of Trengganu, its territories and dependencies. He is the Head of the Government. 2. Heir-apparent. This is the Rulerelect, namely the Yang di Pertuan Muda. 3. Heir-presumptive. the Ruler. This is a son of

4. Second heir-presumptive. This is the nearest relative of the Sultan who may take the place of the first heirpresumptive in his absence. 5 . H e i r s a n d o t h e r m e m b e r so f t h e Ruling House. These are heirs who may replace those above in the event of any vacancy arising. 6. Ministers. T h e s e a r e M e m b e r so f the State Council who hold senior ranks and offices to which the Ruler has appointed them. 7 . Heads. These are those Members of the State Council who are not in the Cabinet of Ministers or officers who hold rank and the term includes Ulemats, wealthy men and chief penghulus. 8. Pillars of the State. These are Members of the Cabinet of Ministers and heads who are entitled to have a say in

475

t h e s e l e c t i o n o f t h e Ruler and in other irnportant affairs. Section ii Rulerrs Qual i ficat ions The Ruler of the State cf Trengganu shall always be a person who professes the Religicn of Islam, be of Malay race and a true descendant of the Sultans of Trengganu, and paragraphs 3, 4, and 5 This applies to the [Section i]. election of the heir-apparent and other heirs. Section iii Order of Rulers. The Ruler after the present Ruler shal1 be a true and acknowledged descendant of His Highness Sultan Zainalabidin the Third, son of the late Sultan Ahmad. It sha1l not be lawful to proclaim Ruler an)'one not being a descendant of the Sultan Zainalabidin, so long as any of his descendants is living, except when such descendant has a material defect disqualifying him from the Office of Ruler, such as lunacy, blindness, d u m b n e s so r a n y o t h e r d i s c r e d i t a b l e quality which the Shariah Law does not approve of in a Ruler. Section iv W h e nS u l t a n r s Descendantnot available. If no descendant of Sultan Zainal Abidin can be found or if his only descendant is unfit by reason of any of the defects laid down in Section iii, then a rnale descendant of the present Sultants predecessor sha1l be selected, and if no such descendant can be found, then a descendant of the former Sultan, and so on until Zainal Abidin, the first Ruler of Trengganu, is reached. Section v When no descendant of In the absence of a descendant of any of the Sultans as laid down in Section iii

476

of any Sultan available.

and iv, or if the only descendant is disqualified as in Section iii, then the selection of a Ruler shail rest entirely on the discretion of the State Council, the Ministers and the other people who are entitled to have a voice in such selection, provided that the man so selected for the position sha11 be a male person of nature age, of sound sense, of the Religion of Islam, of TrengganuMalay Race, a subject of Trengganu, not being a slave or an illegitimate child, and capable of reading and writing his own language and possessing good character and praiseworthy conduct. No selection of a Ruler shall be lawful or valid unless it is carried out in accordance with the procedure laid down above. Section vi_

Appointment of officers by the Ruler.

The Ruler has the sole right to appoint Ministers and officers and to fix their powers, duties and salaries and to grant rank and dignity to thern and to give them official assurance. Section vii

Power of Ruler to remove Ministers fron their posts.

The Ruler has the right to dismiss and remove Ministers and officers from their offices. if they offend against a n y l a w o f t h e G o v e r n m e n to r a c t f a l s e l y according to the Shariah Law their punishment shall be considered by the Ruler. Section viii

Ruler in Council.

Although all the powers of the State and the Government are vested in the Ru1er, yet it is usual and important that he he should confer with the Ministers in all matters of State and in all matters relating to laws and regulations.

477

Section ix Ruler I s powers in the absence of Council. If the Ruler should, during the absence o f t h e M e m b e r so f C o u n c i l , c o n s i d e r a n y thing to be of such good or convenience to the public or to be so dangerous as to demand immediate action, then he may act on his own discretion, but when the Council are assembled such action might be considered and if it is found to be opposed to the views of the Council, then it nay be over-ruled. Section x
Ruler I s Order.

The Ruler has the right, if he so wishes, to issue instructiorspersonally to all officers who hold Government appoi-ntments to the exclusion of all except those heads who have specially been appointed for that purpose. Section xi

Ruler in Minority.

If a Ruler be appointed whose age is under 2I years, before he attains that age there shall be a Regent selected by the Ministers of State, who may either be of Royal blood or otherwise, and he shall be responsible for all the acts of the Ru1er. If such acts be contrary to the custom and 1aw of the Country, the Ministers shal1 have the right to remove the man acting as Regent and replace hin by another man. Section xii

When Ruler is absent.

If the Ruler desires to undertake a voyage or journey away from Trengganu, before his departure there shal1 be appointed a Regent to perforn his duties during his absence, and if the Ruler leaves the State for any period exceeding five years without any obstacles to prevent his return, or if he has any business which necessitates his staying in a foreign country for a long period, then

478

the State Council sha11 have the right to consider such matters with a view of arriving at a decision as to whether they ought to await the Rulerfs return or not. If it is decided to await him it should be stated for how long; and if they should deem his return improbable, then a successor may be elected in accordance with the procedure laid down in Sections iii, iv, and v. Section xiii New Ruler. W h e na m a n i s e l e c t e d t o s u c c e e d t h e absent Ruler, then that Ruler sha1l be deemed as having retired from his office and shal1 be under the law governing ExRulers. If the absent Ruler should return after the election of a successor to him, it shal1 not necessitate the retirement of the new Ruler from office and the handing over of all his powers to him, even if the return should be only one day after the election of the new Ru1er. Section xiv Restrictions Ruler. It sha11 be unlawful for the Ruler to make any agreement or arrangement for surrendering the State and his Government or any of the powers and privileges of the Government to any Government or Power of Europe or others. If the Ruler should attempt to contravene the above then he sha11 be deemed to have broken the faith or trust placed upon him and such action shal1 not be valid. And on the occurrence of such a contingency it sha1l no longer be incunbent upon the Members of the Government and the people of the State to be 1oyal to him, and he may be deposed from the Throne and another man selected to replace him.

479

Section xv

Ruler may resign the throne.

If the Ruler should no longer desire to occupy the Throne but to resign and retire therefrom for any reason which he may or may not consent to explain, he may be al.lowed to do so and to reside at any place in accordance with his desire, of Trengganu, or either in the territory any other country not being an enemy of Trengganu, provided that at the time of his resignation he shal1 duly express his wish to resign to be witnessed by at Least three State Ministers who shal1 affix their signatures to the document of resignation signed by the Ruler himself and bearing the State Seal. Then the Ministers of State shall proclaim the fact to the inhabitants of the Country with the name of the man to be elected as his successor in accordance with the provisions of this Statute in all respects. Section xvi

Retirement of Absent Ruler.

If the Ruler desiring to retire happens to be outside the State of Trengganu, then it not be necessary to proceed according to Section xv; in such case it shall be sufficient to have a document signed by him and duly witnessed notifying his resignation. Section xvii

Restrictions on ex-Ruler,

A Ruler who has resigned the Throne as in Section xv and xvi shal1 not interfere or voice his opinion in the affairs of the State, whether he is living in Trengganu or in another country, except at the special request of his successor and the State Council or at the request of the State Council with the approval of the reigning Ruler. Section xviii

Ex-Rulerrs

An ex-Ruler,

whether living

in Trengganu

480

Subs istence allowance.

or any oti :r country, has the right to a subsistence allor{ance from the revenues of the Scate, such allowance not to exceed I of the amount he was in receipt of whilst reigning and he is also entitled whilst residing in Trengganu to a house befitting his position to be provided by the Governnent.

Section xix
Offence by ex-Rul.er. If an ex-Ruler should instigate or incite the people to act disloyally towards the new RuLer or confer with any one or any foreign power with a view to doing an injury to the State or its interests the Government shal1 have the right to stop his subsistence allowance, and he sha11 If be regarded as a political offender. in any of the affairs he should interfere of the State without a special request as laid down in Section xvii the Government shall have the right to with-hold his subsistence allowance and the period for which it shaLl be so with-held shall be determined by the reigning Ruler in Council.

Section xx
Ruler Is A l l o w a n c e. The allowance of the Ruler shal1 be of for his such an amount as to be sufficient expenses and for supporting his dignity and position in a satisfactory manner. The amount sha11 be considered and fixed by the State Council and it may (subsequently) be increased if the Council be of opinion that circumstances justify its being raised. Whatever income the Ruler gets from his private estates or enterprises shal1 not be taken into consideration. Section xxi

Subsistence allowanceof Members of

The granting of these allowances is entirely in the hands of the Ruler with the consent of the State Council as to the

4El

Ruling House

fixing of the amounts, and the following are entitled to such allowances. (1) Wives of the Ruler who bear the title 'rPermai-surif or ttTungku Arnpuantt. r, (2) Sons and daughters of the Ruler. (3) Brothers and sisters of the Ruler.

(4) Uncies and aunts of the Ruler. ( 5 ) N e p h e w sa n d n i e c e s o f t h e R u l e r w h o s e parents have died. Except the above, no one shall be entitled to a subsistence allowance from the Governnent and whatever may be granted to any person other than the above sha1l be entirely out of compassionor charity of the Ruler and State Council. The above list includes relatives of the reigning Ruler as well as the relatives of a Ruler who has ceased to reign by reason of death or otherwise. Section xxii Payments other than subsistence a1 lowance. If any of the above relatives of a Ruler h o l d s a G o v e r n m e n tp o s t h e s h a l 1 b e p a i d a fixed amount of salary in addition to the subsistence allowance and his salary be treated in a sirnilar nanner to the salaries of other officers. Section xxiii Appointment of Ministers. The Ministers are the principal officers of State and shal1 be appointed under the directions of the Ruler announcing Command the appointment and rank and defining This being so they become their duties. the co-operators and supporters of the Whentheir Ruler in all matters of State. duties are duly defined the execution thereof shall automatically devolve upon them. It is not necessary that every Minister appointed should bear a title, not even the Prime Minister or the Deoutv Prime

482

the title when given is qnlyto Minister; serve as an ornament. He ranks with all his colleagues and his appointment as a Minister entitles him to a place in all State ceremonies or functions. Section xxiv Number of Ministers The total number of Ministers shal1 not be less than eight or exceed twelve. At their head shall be the Prime Minister who shall be president of the State Couricil. A11 Ministers shal1 be persons professing the Religion of Islam and shall be subjects of Trengganu. Section xxv Loyalty of Ministers. Every Minister sha11 swear allegiance (to the Ruler) and confirm the oath by signature in a book kept for that purpose in the presence of two wj-tnesses who must be G o v e r n m e n to f f i c e r s . Such oath sha1l declare at least that the person taking it is of the Religion of Is1an, a subject of Trengganu and undertakes to be loyal to the Ruler and the Government. Section xxvi Restrictions on Ministers G other Members of the Government. It sha11 not be lawful or valid for any Minister or any other member of the Government to enter into an agreement or arrangement with any individual or Government to cede the State or Government of Trengganu or to lessen or curtail the powers of the Governrnent. Any one disregarding this i n j u n c t i o n s h a l l b e d e e m e dt o b e a t r a i t o r to the Ruler and the Government and 1iable to a penalty cornmensuratewith the offence committed. If the Ministers or other members of the Governrnent be guilty of any evil action they alone sha11 be responsible for it and the Ruler sha11 not be impl icated .

483

Section xxvii Posts of Ministers to be fi11ed when vacant.

Whenthe numberof Ministers is rendered incomplete by the occurrence of a vacancy i t m a yb e n a d e c o n p l e t e b y t h e R u l e r r s selection, with the consent of the M i n i s t e r s , o f a m a nt o f i l f i t , o r b y t h e M i n i s t e r s r s e l e c t i o n o f a m a nw i t h t h e approval of the Ru1er. E v e r y m a ne l . e c t e d a s a M i n i s t e r s h a 1 l b e appointed under the Rulerrs Conmand, and an instrument of appointnent shal1 be drawn up bearing the Chief SeaL of State and stating the designation of the office to which he is appointed. Section xxviii

Differences of opinion in s el e c t i o n .

If the Ruler desires to select one person and the Ministers another for an appointment of Ministers then the selection sha11 be left to the Ruler and the Prime Minister or the DeputyPrime Minister who shal1 decide as to which is the best candidate. Section xxix

Selection of PrimeMinister q the Deputy Prime Minister.

Ttreright of selecting an officer for the post of Prine Minister entirely belongs to the Ruler and the right of appointing a person to the post of Deputy Prime Minister entirely belongs to the Cabinet of Ministers subject to the Previous approval of the Ru1er. Section xxx p TLre ersons selected for these two appointments must be menwho have already served as senior officers in the service and nernbers of the State Council. Section xxxi T h e P r i m e M i n i s t e r , t h e D e p u t yP r i m e M i n i s t e r a n d a L l o t h e r l { i n i s t e r s m a ya s k t o be allowed to retire frorn their posts and w h e ns u c h a r e q u e s t i s e n t e r t a i n l a b y t h e Ruler the mannrakingit is released from h i s o f f i c e b u t s h a 1 1n o t t h e r e b y c e a s e t o b e a m e m b eo f t h e S t a t e C o u n c i l . I f a r

Quali fications for post of Prime lrlinister & Deputy Prime Itinister. Retirement of Ministers from office.

484

minister desires also to ceaseto be a M e m b e o f t h e C o u n c i l h e s h a l l m a k ea r separate application and if this is accepted by the Ruler then he shall be free. The Government sha1l always have the right to re-appoint officers who have resigned to the posts of Ministers or Members f the Council. o Section xxxii Declining an appointment. A man may ask to be excused from being appointed a Minister or Member Council of a n d h e s h a l l n o t b e c o m p e l l e dt o e x p l . a i n his reason for so doing. Section xxxiii Title of a person having resigned. lfiren any Minister or officer has resigned or vacated his office either voluntarily or conpulsorily then his official tit1e, i f a n y , s h a l l b e d e e m e do h a v e b e e n r e t movedfrom him. Section xxxiv Minister may consult his c o 1l e a g u e s . It is important that every Minister should consult and invite his colleagues to express their views in matters of great inportance under his inmediate control, alt h o u g h h e a l o n e s h a 1 1b e h e l d r e s p o n s i b l e for the good or evil resulting from the p e r f o r m a n c eo f h i s d u t i e s . Section xxxv Ministersr meeting. The Cabinet of Ministers shal1 meet at least once a month to confer on State so affairs or wheneverthey are commanded to do by the Ruler, or at the request of the Prime Minister or the Deputy Prime Minister or of three members f the Cabio net. It is not usual for them to meet (fasting during the month of Rarnadhan month), on festival days or public holidays except in cases of urgency.

485

Section xxxvi Minimum number of rnembersto form a rneeting At least five of the mernberssha1l form a meeting, but if the Ruler is present it sha1l be sufficient to have only three of them, except when notice has been given of such meeting to all members present in the country, and in that case all sha11 assemble.

Section xxxvii The State Council . The State Cor:ncil are the general advisers of the Ruler and their object is to assist him and the Ministers in the administration of the Country, in framing, amending and addi.ng to the laws and regulations other than those touching Religion and the Shariah Law; in oPening uP the Country and developing it and also to g i v e a d v i c e o n t h e b e s t r n e t h o d so f r a i s i n g r e v e n u e , o f i n c r e a s i n g c o m m e r c ea n d o f bettering the position of the people It i.s also their duty to generally. give suggestions for induclng permanent peace in the Country of Trengganu and its dependencies and upkeeping the friendship and good relations between Trengganu and other States.

Section xxxviii Appointnent of Members of Council. The Menbers of the State Council shali be those Ministers anl officers, heacis and other persons who are proposed or nominated by the Cabinet for election and approved by the Ruler from tirne to time. A nan well-versed in methods of administration may be selected to be President of the Council other than the Prime Minister. Section xxxix Membersr qualifications. T h e M e m b e r so f t h e S t a t e C o u n c i l s h a l l b e subjects of Trengganu, but they shal1 not

486

necessarily be persons professing the Islamic Religion or belong to the Malay race. Section xl Members to be loya1. Every nember of the State Council sha1l swear allegiance to the Ruler and Government and undertake to express suggestions and views of an honest or disinterested nature and in the interest of the country and the people. Section xli Minimum number of members to form a neeting The ninirnun number of members to form a rneeting of the State Council sha11 be seven if the total number of members is not less than sixteen, and fifteen if the total number is not less than 32, and thirty-one if the total number is sixtyfour or nore. Section xlii Meetings. The State Council shall meet at least once in two nonths to confer on affai-rs of State or whenever conmandedto meet by the Ruler or at the request of not less than half the total number of members of the State Council. Subjects to be discussed at the meeting must be made known t o m e m b e r st h r e e d a y s p r i o r t o t h e h o t d i n g thereof. It is not usual for the Council to meet during the month of Ramadhan (fasting month), on festivals or public holidays except in cases of urgency. Section xliii M e m b e r s rr i g h t s at meetings. A11 nenbers whilst in conference are on an equal footing. Every rnembershall be free to raise his voice for or against whatever measure may be moved or proposed and also to expose his views whether such views be opposed to or in agreernent with those of his colleagues. The decision of the majority shal1 be accepted and submitted to the Ru1er.

487

Section xl.iv Decision to be recorded. Every subject upon which a decision has been arrived at and every measurehaving been agreedto by the Council shail be recorded in a book in a satisfactory manner, and if the matter enbodies regulations or rules affecting the people of the country, it shal1 be published when a s s e n t e dt o b y t h e R u l e r . The date from which such regulations or ru1es are to be brought into effect shall al.sobe published. Section xLv C o u n c i lr s Decision not assentedto by Ru1er. If any measuredecided upon by the Council b e n o t a s s e n t e dt o b y t h e R u l e r , i t m a y be brought into Council again until it has been discussed thrice by the Council and if then it sti1l fails to receive the Rulerrs assent it shal1 not be brought into Council again until a year has elapsed when it nay be introduced again and if after this fourth discussion the State Council sti11 desire its promul.gation then it night be assented to by the RuLer to whorn o responsibility shall thereafter n be attached for the consequences such of a neasure. Section xlvi Laws and Custons of the Country. A 1 1 L a w sa n d c u s t o m so f t h e c o u n t r y s h a l l be exercised with justice and honesty by the Government Courts, officers and rflimbs of the Governnentrr amongthe people of the country as well as foreigners who reside temporarily or pennanently in the country. Section xlvii Relations with Foreign countries. The Ruler and Government Trengganu of s h a l . La l w a y s e x e r t t h e m s e l v e si n m a i n t a i n ing good and cordial relations with foreign governnents far and near, more especially with the British Government order that in s u c h r e l a t i o n s n a y b e D e r m a n e n t l ye s t a b 1i s h e d . 488

Section xlviii Adhesion to Treaty. The Ruler and the Government shal1 adhere strongly to the Treaty nade by the Governnent on the 12th of Rabi-e1-Akhir, L328 (22nd April, 1910)2 and faithfully and loya11y observe all its provisions, and also any other agreenent which nay be nade with any Government, so long as such agreement does not operate with in-'iustice and oppression and i-s not cancelled. Section xlix Rights of Ru1er, Governnent and Counci 1 . The Ruler, the Government and the Council reserve to themselves the right to arnend, correct, alter and add to the laws and regulations relating to the general administration of the State, and also the right to create titles or ranks for officers in order that they may readily be distinguished from one another. Section 1 Laws and r e g u l a t i o n s in f o r c e . A11 laws, rules and regulations now in force shall continue to operate until they are cancelled by the introduction of others. Section 1i State Religion and other Religions. It has always bgen understood that the Government of Trengganu is a MalayoIslanic Power and that Islam is the State Religion. No other religion shal1 ever be called the State Religion even if it has more followers residing in Trengganu than Islam has. Section lii Treachery or Attempt to Cornmit it. If the Heir-apparent or the Heir-presumptive or any other heir, Minister, Head of Department or any of their relatives commits or attempts to commit treason against anyone ranking above him with the object of securing his rank either for

489

hinself or for others, such act shall be deened to be a capital offence and the perpetrator together with the person or persons abetting the offence shal1 be regarded as rebels. if such persons are not -sentenced to death they sha11 be banished frorn the country and shall with all their descendants forfeit all rights connected with the admirristration of Trengganu; their rank and allowance, if aDI, sha1l cease and revert to the State. Section liii Addition to and Enlargement of Statute. The Ruler reserves to himself the right to add to or to enlarge, with the approval of the State Council, this Statute from time to time, whenever it seems advisable to do so, provided that such addition or enlargement does not destroy its primary objects and pri-nciples; also to define and interpret any of its sections, expresWhen such definition sion and rneaning. or interpretation as sha11 render natters in this clear is made it shall be accepted and deernedto be a Dart of this Statute. Conclus ion We, ZainaLabidin, Sultan of Trengganu, its territories and dependencies, make this Statute to be inherited: it shal1 not be amended, broken or 1ost, and that it may bring permanent good and advantage is our hope. Made in Trengganu on the l1th of Zulkaidah, \329, corresponding to the 22nd of November, 1911. In witness whereof, and to show that this has been enacted with general consent, the State Seal has been affixed above together with our sign-manual,anda11 the Members the of State Council present have likewise affixed their signatures b e l o w :r As God May Be Our Witness: YANGDI-PERTUAN MUDA(MUHAMIIAD) BIN ZAINAL A B I D I N , W a r i t h bant]. BIN ZAINAL ABIDIN, Warj-th Yang Pertarna TENGKU MUDA(SULAIMAN)

490

TENGKU NGAH (OMAR)BIN ABDULRAHIM, Keramat Yang Akrab Wazir dan Mentri (MUSA)BIN SULAIMAN,Kerabat Yang Akrab Wazir TENGKU EMB0NG dan Mentri ENGKU SEYYID'(AL-SEYYID ABDULRAHMAN) BIN MONFIAMMED AL-IDRUS, S h a i k h A 1 - U 1 a m ad a n A h l i Meshuarat TUAN DALAM(AL-SEYYID MUSTAPHA) t15 ygflAMMED AL-IDRUS, Ulana dan Ahli Meshuarat TENGKU KHAJKI BIN ABU BAKAR, Kerabat Yang Am Waztr dan Ahli Meshuarat TENGKU CHIK BIN HITAM, Kerabat Yang An Pesurojahya Besar Besut dan Ahli Meshuarat (TENGKU BENTARA BIN MOHAMMED, Kerabat Yang Am DALAM MAHMUD) Wazir dan Mentri PENGLIMA BESAR (TENGKU LONGABDULLAH)BIN OTHMAN,Kerabat Yang Am Wazir dan Mentri (ABDULRAHMAN) TENGKU BIN ISHAK, Kerabat Yang Ain dan CHIK Ahli Meshuarat (MMAD) BIN ABDULRAHMAN, TENGKU Kerabat Yarrg An Wazir CHIK dan Mentri DATOPENGLIMA DALAM(WANMOHAMMED) BIN IBRAHIM, Wazir dan Mentri (ENCHE DATONARAWANGSA MOHAMMED ALI) BIN ABDULRAHIM, WAziT dan Mentri AL-HAJI WANMOHAI\,tvIED SALLEHBIN MOHAMMED, Mufti dan Ahli Meshuarat AL-HAJI WANMOHAMMED SALLEHBIN ISMAIL, Hakim dan Ahli Meshuarat BIN DAUD, Hakim dan Ahli Meshuarat AL-HAJI WANSULAIMAN (ENCHE PERANG YUSOF)BIN MUSA, Pegawai dan DATOPENGLIMA AhIi Meshuarat DATOPENGLIMA BIN IDRIS, Pegawai dan MUDA(ENCHE OTHMAN) Ahli Meshuarat (WANHAMID) BIN SAAID, Pegawai dan DATO SANGSURA PAHLAWAN Ahli Meshuarat AL-HAJI NGAH(MOHMAD) BIN YUSOF,Wazir dan Mentri BIN ENCHE NIK (MOHAMMED) HITAM, Naib Hakim dan Ahli Meshuarat (ENCHE BIN JMFAR, Pegawai dan Ahli EMBONG) DATOSHAHBANDAR Meshuarat BIN ENCHE MAT (MOHAMMED) ABDULRAHIM, Pegawai dan Ahli Meshuarat

491

TRENGGANU TREATYof 24 May, 1919 Second Treaty4

Whereas it is considered desirable by His Excellency the High Conmissioner for the Malay States and by His Highness the Sultan of Trengganu with the concurrence of his Ministers that the State of Trengganu shal1 be administered on an inproved basis; and whereas His Britannic Majestyts Governnent is bound by Treaty Stipulations to protect the said State and to assist its RuLer: Now it is hereby agreed by and between His Excellency S i r A r t h u r H e n d e r s o nY o u n g , G . C . M . G . , K . B . E . , G o v e r n o r o f the Colony of the Straits Settlements and High Conmissioner for the lvlaLayStates, on behalf of His Britannic Majestyts Government, and His Highness Sultan Muhammad the State of of Trengganu, that Article ii of the Agreement of the 22nd Apri1, 1910, nade by His Excellency Sir John Anderson, G.C.M.G., on behalf of His Britannic Majestyts Governnent and His Highness Sultan Zainalabidin of Trengganu, shal1 be repealed and the following Article substituted therefor:-

Article ii
rrHis Highness the Sultan of Trengganu will receive and provide a suitable residence for a British Officer to be called the British Adviser, who shall live within the State of Trengganu, and whose advice must be asked and acted upon in all matters affecting the general administration of the country and al1 questions other than those touching the Muhamnadan Religion. trThe cost of the British Adviser with his establishnent shal1 be determined by His Excellency the High Commissioner and be a charge on the revenues of Trengganu. and disbursement of all revenues of the country shal1 be regulated under the advice of the British Adviser.'? rrThe collection

In witness whereof His Excellency Sir Arthur Henderson Y o u n g ,G . C . M . G . ,K . B . E . , a n d H i s H i g h n e s st h e S u l t a n o f Trengganuhave set their respective seals and signatures. Dated at Singapore, this 24th day of May, 1919, corresp o n d i n g t o t h e 2 4 t h d a y o f S h a r a b a n ,L 3 3 7 .

492

Seal and Signature

ARTHUR Y0UNG, Governor of the Straits Settlements and High Commissioner for the Malay States.

Witnesses

H. MARRIOTT, General Adviser, Johore (Acting Colonial Secretary) J. L. HUMPI{REYS, British Agent, Trengganu

Seal of Witnesses

MUHAMMAD ZAINAL ABIDIN, BIN Sultan of Trengganu TENGKU NGAH(OMAR)BIN ABDULRAHIM (ABU BAKAR) BIN ABDUL RAHMAN TUAN EMBONG TENGKU CHIK (AHMAD)BIN ABDULRAHT,IAN HAJI NGAH (MUHAMMAD) BIN YUSOP

FOOTNOTES 1. This translation is enclosed in CO SS7/797, Seton James to C0 of 30 Dec. 1919 and is lil:ely to be the work of the then Adviser, J.L. Humphreys. It has never been recognised in Trengganu as an official translation. There is another version in English - which is likewise never recognised as official the work of a later Adviser, W. (Sir William) Goode, to be found in l,laLaysian ConstitutionaL Doeuments, vol.ii, Kuala Lumpur 1962. The second translation is rather more elegant but appears marginally less clear in some important passages. There are, however, a few important divergences eg Section i especiaLly paragraphs 7 and 8. The Mohamedan date of the 1910 Treaty was the llth day of Rabi-el-Akhir 1328, see p.467.

2.
1

T h e S t a t e C o u n c i l Membersr signatures do not appear in the CO 537 /797 v e r s i o n a n d a r e t a k e n f r o m G o o d e f s version.

Because of the complexity arising out of a profusion of nicknames and bureaucratic and other titles in Trengganu, we have abandoned our normal practice and reproduced the signatories as they appear in the Goodeversion. Briefly, the names, nicknanes, titles and patronymics appear in capitals and there

493

follow in lower case the Malay description of each signatory as he is described in the document itself: Warith ganti - heir apparent, Warith yang pertana _ heir presumptive etc.
A

Enc1. in C0 273/487, Youngto CO conf.,

4 June 1919.

494

Note on the Trengganu Treaty of 1945

Sultan Sulaiman of Trengganu, who succeeded after the abdication of his half-brother, S u l t a n M u h a m m a di,n 1 9 2 0 , died in 1942 and was succeeded by his son as Sultan A1i. It has nowhere been officially stated that the British intended to debar the new Sultan frorn the succession but he had certainly not been popular with then before the Japanese occupation and Britain made no protest when, on 5 November 1945, Sultan Ali was removed from the throne, presumably under the sameclause in the Constitution of 1911 which had been used against Sultan Muharnnad. A British official touring the States to prepare the ground for the MacMichael mission may, in fact, have sanctioned or even prompted the deposition, though this is at the moment no more than surmise. When MacMichael embarked on talks in Trengganu on 19 D e c e m b e r1 9 4 5 ( f o r d e t a i l s o f M a c M i c h a e l ' s m i s s i o n a n d t h e treaties i-n general, see Note on Johore Treaty of 1945 pJ17; the new Ru1er, Sultan Ismail, a half-brother of both Sultan Muhamnad and Sultan Sulaiman, had already been accepted by the Ministers and State Council, on 16 Decenber, but he had not yet received the formal Briti-sh "confirmation'r which MacMichaelwas authorised to give or with-hold. According to MacMichaelts own Report, "neither [the Ruler] nor his Councillors felt objection in principle to signature of the proposed Agreement: in fact they welcomed it..."; but, in view of Section xi-v of the 1911 Constitution (q.u.), "they felt grave doubt whether it would be constitutional." According to MacMichael, this I'unexpected difficulty" was resolved when the Mentri Besar (Dato Jaya) pointed out that the clause in question was "intended to prevent a Sultan from selling, leasing or pawning the State to a foreign power as had been done long ago in the case of This was not the purpose of the new Agreement $ingapore." And the question was rea11y a simple one: rrWasTrengganu p r e p a r e d t o t r u s t t h e B r i t i s h G o v e r n m e n to r n o t ? ' r This 'view having been accepted all went smoothly and the Agreenent was signed and the new Sultan officially recognised on the morning of 2I December. This is not strictly the place to discuss this interpretation of Section xiv of the 1911 Constitution, although is seemsslightly sophistical. More relevant is the attitude of MacMichael and the British Government to the 1911

495

Constitution and its effect upon Anglo-Trengganu relations. MacMichael wrote that ilAs_fliS'ttlalestyrs Governmenthave never recognised the constitution in question the difficuLty was not one with whichl was formally concerned, but it was, nevertheless, a real one, and by the invitation of the Sultan and his Councill.orsthe services of Brigadier Newboult [ l t a c M i c h a e l t so f f i c i a l a i d e ] w e r e i n v o k e d t o a s s i s t i n s o l ving it.ttr The fact was, as he nust have realised, that whether Britain had recognised the Constitution or not (and she had accepted the deposition of one if not two Rulers under its terms), its very existence fundamentally affected Anglo-Trengganu relations and night, if things had worked o u t o t h e r w i s e , s e r i o u s l y h a v e j e o p a r d i s e d t h e s u c c e s so f his mission. For the Section in question not only forbade the Ruler to surrender any part of Trengganursgovernment or sovereignty to another power, Europeanor otherwise, but actuall.y decl.ared him deposedand his action unlawful if he did. Had MacMichaelbeen obliged to ignore the Constitution and had the peopl.e of Trengganu come to regard the Rul.er who signed the 1945 Treaty as deposedand the Treaty itself i1legal, then the whole purposeof MacMichaelrs ission, m which was to secure Britaints sovereignty throughout the PeninsuLaby neans of treaties, would have been threatened. O n c ea g a i n , a s i n 1 9 2 0 , i t w a s o n l y b y a v o i d i n g t h e i s s u e of whether Britain recognisedthe Constitution that a showdown was prevented. Sul.tan Ali and his family appealed to the Governor of the Malayan Union to be re-instated early in 1946 but their appeal was rejected,

FOOTNOTE 1. Repont on a Mieeion to Malaya, )etober 794l-Januany 1.946, C o l o n i a l O f f i c e n o . I 9 4 , 1 9 4 6 , paragraph 23.

496

,- \ \.^

Iv - " l

i,

TRENGGANU TREATY of 2I December, 1945 * MacMichael Treatyl

Whereas mutual agreements subsist between His Britannic Majesty and His Highness the Sultan of the State of Trengganu: And whereas it is expedient to provide for the constitutional development of the Malay States under the protection of His Majesty and for the future government of the State of Trengganu: It is hereby agreed between Sir Harold MacMichael, G.C.M.G., D.S.0., the Special Representative of His Majesty's Government within the United Kingdom of Great Britain and Northern lreland on behalf of His Majesty and His Highness Sultan Ismail ibni A1-Marhum Sultan Zainal Abidin the Sultan of the State of Trengganu for himself, his heirs and successors: His Highness the Sultan agrees that His Majesty within the shall have ful1 power and jurisdiction State of Trengganu.

2 . Save in so far as the subsisting

agreements are inconsj-stent with this Agreement or with such future constitutional arrangenents for Malaya as may be approved by His Majesty, the said sha11 remain of ful1 force and agreements effect. 2 1 d a y o f D e c e m b e r1 9 4 5 . H.A. MACMICHAEL, Special Representative of His Majestyrs Government within the United Kingdom of Great Britain and Northern Ireland. H.T. BOURDILLON ISMAIL, Sultan of Trengganu OMAR HITAM

Signed this

Signature

Witness Signature Witnesses

For footnote see P.498

497

FOOTNOTE

t.

of Major A version of this Treaty, with the signature puLtic, England, to confirm that Leonard Owen, Notary is in the National it is a true .opy of the original, Lumpur' Archives of Malaysia, Kuala

498

l{ote on the Trengganu Treaty of 1948

As the result of Malay opposition to the Malayan Union scheme and the MacMichael Treaties the British entered into negotiations with the Rulers and the leaders of UMNO. These discussions went through several stages between July 1946 and eatly 1948, and, although certain lula\ay radlcal and non-Malay groups condemnedas undemocratic both the consultative process and the constitutional proposals, it (i) to revoke the Malayan Union Order in was decided:(ii) to replace the MacMichael Treaties by Council, 1946, new State Agreements, and (iii) to establish a peninsular federation. The nine almost identical State Agreements were signed and sealed between the Rulers and Gent (on behalf of His Majesty) on 21 January - the day whl-ch also saw the conclusion of the Federation of Malaya Agreement (see p. 100 ) . of the Crown Under these State Agreernents the jurisdiction was confj-ned to external affairs and defence. However, the Malay Rulers were stil1 bound to accept the advice of British Advisers (note: the sane title was adopted by the principal. British officials posted to the Malay States) rron all matters connected with the government of the State other than matters relating to the Muslin Religion and the C u s t o r no f t h e M a l a y s r ' . In addition Their Highnesses were now subjected to written constitutions which provided for a legislature (Council of State) and an Executive Council in each State. Up to this time only Johore and Trengganu h a d p o s s e s s e d w r i t t e n c o n s t i t u t i o n s ( s e e J o h o r e D o c u m e n to f 1 8 9 5 p . 7 7 a n d T r e n g g a n uD o c u m e n to f 1 9 1 1 p . 4 7 4 ) .

499

TRENGGANU TREATYof 2l January 1948 State Agreement revoking the MacMichael Treaty1*

Agreement made the twenty-first day of January, 1948, b e t w e e n S i r G e r a r d E d w a r d J a m e s G E N T ,K . C . M . G . , D . S . 0 . , 0.B.0., M.C., on behalf of His Majesty and His Highness S U L T A N S M A I L i b n i A l n a r h u m S u l t a n Z A I N A LA B I D I N , C . M . G . , I Sultan of the State of TRENGGANU Hinself and His for Successors: Whereas mutual agreements subsist between His Majesty and His Highness: And whereas it has been represented to His Majesty that fresh arrangements should be made for the peace, order and good government of the State of Trengganu: And whereas His Majesty in token of the friendship which he bears towards His Highness, the subjects of His Highness, and the inhabitants of the State of Trengganu is pleased to make fresh arrangements to take effect on such day as His Majesty nay by Order in Council appoint (hereinafter called '?the appointed day'r): And whereas it is expedient to provide for the constitutional development of the State of Trengganu under the protection of His Majesty and for its future government: Now, therefore, Short title and cornmencement. it is agreed and declared as follows:

.F
*
a

'!a ?! . i

I tx

rr *i . - i c I F > : 33

-'a j" e

1. This Agreement may be cited as the Trengganu Agreernent, 1948, and shall cone into operation on the appointed day immediately after the coming into operation of the Order in Council aforesaid. Notification of the appointed day sha1l be published in the Malayan Union Gazette together with a copy of this Agreement. In this Agreement: rrEnactmentrrmeans any 1aw enacted by His Highness with the advice and consent of a Council of State constituted under the written Constitution of the State referred to in Clause 9 of this eement; 2.

Interpretation.

For footnote see P.504

500

rrFederal Governmentrr meansthe Governnent of the Federation; rrthe Federationfr neans the Federation of Malaya to be call,ed in Malay rrPersekutuan Tanah Melayurr,which is to be established on the appointed day; rrFederationAgreenentrrmeansthe Agreement which is to be madebetweenHis Majesty and Their Highnessesthe Rulers of the Malay States of Johore, Pahang, Negri S e m b i l a n ,S e l a n g o r , P e r a k , K e d a h ,P e r l i s , Kel,antanand Trengganufor the establishment of the Federation, and includes any anendmentthereof; 'rthe High Commissionerrr meansthe High Commissioner for the Federation; trHis Highnessrrneans the Sultan of Trengganu and His Successors; r r H i s H i g h n e s s i n C o u n c i l r rm e a n sH i s H i g h ness acting after consultation with the State Executive Council to be constituted under the written Constitution of the State referred to in Clause9 of this Agreement,but not necessari1y in accordance with the advice of such CounciL nor necessarily in such Council assembled; I t S e c r e t a r y o f S t a t e ' r m e a n so n e o f H i s Majestyfs Principal Secretariesof State. Protection and external affairs. 3. (1) His Majesty shall havo 6onplete -a11 control of the defence and of the external affairs of the State of Trengganu and His Majesty undertakes to protect the Government and State of Trengganuand all its dependenciesfrom external hostile attacks and for this and other similar p u r p o s e sH i s M a j e s t y t s F o r c e s a n d p e r s o n s authorised by or on behal.f of His Majestyfs G o v e r n n e n ts h a 1 l a t a l l t i m e s b e a L l o w e d free access to the State of Trengganuand t o e m p l o ya l . 1 n e c e s s a r ym e a n so f o p p o s i n g such attacks.

501

(2) tlis Highness undertakes that, without the knowledge and consent of His Majestyrs Governnent, he will not rnakeany treaty, enter into any engagement, deal i-n or correspond on political matters with, or send envoys to , zfly foreign State. British Adviser. 4. His Highness undertakes to receive and provide a suitable residence for a British Adviser to advise on all matters connected with the government of the State other than rnatters relating to the Muslim Religi-on and the Custom of the Malays, and undertakes to accept such advice; provided that nothing in this clause sha11 in any way prejudice the right of His Highness to address the High Comrnissioner,or His Majesty through a Secretary of State, if Hi.s Highness so desires. 5. The cost of the British Adviser with his establishnent shall be deternined by the High Corunissioner and shall be a charge on the revenues of the State of Trengganu. 6. His Highness shall be consulted before any officer whom it is proposed to send as British Adviser is actually appointed. 7. His Highness undertakes to receive within his State such officers of the Federal Government as that Government nay require and to permit such officers to exercise such 1awfu1 authority and powers and to perform such 1awfu1 functions as may be necessary for the purposes of the Federal Government. 8. Any officer of the Federal Government may, with the concurrence of the High Comnissioner, perform within the State of Trengganu such State duties and nay exercise such State powers as may be imposed or conferred upon him by His Highness in Council or by Enactrnent.

Cost of British Adviser.

Appointment of British Adviser. Federal officers.

When Federal officers may perforn State functions.

502

State Constitution.

9. His Highness undertakes to govern the State of Trengganu in accordance with the provisions of a written Constitution which shall be in conformity with the pro* visions of this Agreernent and of the Federation Agreement. 10. In pursuance of the undertaking contained in Clause 9 of this Agreement and in conformity with the provisions of the Federation Agreement His Highness undertakes forthwith to constitute (a) a Majlis Meshuarat Kerajaan, to be cal1ed in English State Executive Council; (b) a Majlis Meshuarat Negri, in English Council of State. to be called

Councils to be constituted.

His Highness to be consulted before posting of officers by High Comnissioner to posts borne on State estinates. Impartial tTeatment.

11. His Highness, unless he sha11 otherwise direct, shal1 be consulted before any officer is posted by or on the authority of the High Commissioner to any post borne on the State Estimates.

12. A11 persons of whatsoever race in the same grade in the service of the State of Trengganu shall, subject to the terms and conditions of their ernployment, be treated impartial ly. 13. His Highness desires and His Majesty agrees that it sha11 be a particular charge upon the Government of the State of Trengganu to provide for and encourage the education and training of the Malay inhabitants of the State of Trengganu so as to fit them to take a fulI share in the economic progress, social welfare and government of the State and of the Federati-on. 14. (1) The Agreementnade on the 21st day of December, 1945, between His Majestyfs Government within the United Kingdom of Great Britain and Northern Ireland and His

Education and training of Malays.

Previous Agreements.

503

Highness Sultan Ismail ibni A1-Marhum Sultan TaLnaLAbidin, the Sultan of the State of Trengganu or Hinself, His Heirs f S u c c e s s o r si s h e r e b y r e v o k e d . (2) Ail. Treaties and Agreements subsisting inmediately prior to the making of the aforesaid Agreementof the 2lst day of December, 945, shal1 continue in 1 force save in so far as they are inconsistent with this Agreementor the Federation Agreenent. Sovereignty of the Ruler. 15. The prerogatives, powerand jurisdict i o n o f H i s H i g h n e s sw i t h i n t h e S t a t e o f Trengganushall be those which His Highness the Sultan of Trengganu ossessed p o n t h e f i r s t d a y o f D e c e n b e r , 1 . 9 4 1 ,s u b j e c t n e v e r t h e L e s st o t h e p r o v i s i o n s o f the Federation Agreenent and this Agreement. 1 6 . T h i s A g r e e m e n t h a l l b e e x p r e s s e di n s both the English and the Malay languages; but, for the purposes of interpretation, regard shall be had onl.y to the English vers ion .

Languageof Agreement.

In witness whereof Sir Gerard EdwardJamesGent, K , C . M . G . ,D . S . 0 . , 0 . 8 . E . , M . C . , h a s h e r e u n t o s e t h i s h a n d and seal for and on behalf of His Majesty, and His Highness I s m a i l I b n i A l m a r h u m u l t a n Z a L n a IA b i d i n , C . M . G . , S u l t a n S of the State of Trengganu, has hereunto set his hand and s e a l , t h e d a y a n d y e a r f i r s t a b o v ew r i t t e n . Signature and seal of Witness J.G. BLACK ISMAIL, Sultan of Trengganu. G . E . J . G E N To r a n d o n b e h a l f o f f His Majesty.

Signature and seal of Witness

TENGKU MUHA},IT,IAD FOOTNOTE

1,

ProvenancetStatutory fnetrumente fon 7948, I, i, no. 1 0 8 , T h e F e d e r a t i o n o f M a l a y aO r d e r i n C o u n c i l , 1 9 4 8 .

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