The Sun.
London, England, 1829-06-24 00:00:00

STATE PAPER.

PROTOCOL of the CONFERENCE HELD in LON-
DON at the OFFICE of FOREIGN AFFAIRS,

ON THE 22D OF MARCII, 1829,

BY THE PLENIPOTENTIARIES OF GREAT
BRITAIN, FRANCE, AND RUSSIA.

Immediately after their arrival the Plenipoten-
tiaries of France and England will open with the
Government of the Ottoman Porte, and in the name
of the three Allied Courts, a negotiation founded
on the Treaty of the Gth of July, 1827, respecting
the pacification and future organization of Greece.
It is well understood that each of the three Courts
reserves for itself the right of weighing the value of
the objections which the Porte may make to the
propositions addressed to it, in fulfilment of the pre-
sent Protocol ; and that should those objections in-
duce the Courts to present other propositions, they
would yet endeavour to come to a determination on
the question of fixing, as promptly as possible, the
limits of the Continent and the isles of Greece.
It will be proposed to the Porte that the fron-
tiers of Continental Greece should extend fro►n the
mouth of the Gulf of Volo, along the reverse of
Of hly mountains, up to the western points of
Agrapha, where those mountains form their junction
w►th the chain of Pindus. From that point the
frontier will edge the valley of Aspro-Potamos as
far as Leontelos, which remains part of the Turkish
territory. It will then pass through the chain of the
Macrinoros mountains and the river which bears
that name, and which, coming from the plain of
Arta, throws itself into the sea through the Am-
bracian Gulf.

All the countries south of this line will form part
of the New State of Greece. The islands in the
neighbourhood of the Morea, that of Eubcta or Ne-
gropont, and the Isles known under the name of
Cyclades, will also belong to that State.
TRIBUTE.-It will be proposed to the Porte, in
the name of the three Courts, that Greece do pay
her annual tribute of 1,500,000 Turkish piastres.
The rate of the Turkish piastre shall be settled at
once, that it may never be taken for the high Spa-
nish piastre.
In consequence of the present poverty of Greece,
it will be agreed that, from the moment when the
payment of the tribute shall commence, the first
year there shall not be paid more than one-third, or
less than one-fifth, of this sum of 1,500,000 Turkish
piastres, and that this proportion shall be raised
from year to year until the fourth, when the
maximum of '1,500,000 shall be paid. At the ex-
piration of these four years, Greece shall pay the
whole tribute annually, without any diminution or
augmentation.
INDEMNITY.-It will be proposed to the Porte
that the Indemnity mentioned in the second article
of the Treaty of July Gth be determined and settled
in the following manner :-
Ist. The Mussulmans (private individuals) pro-
prietors of estates on the newly-constituted Greek
territory-
2d. The Mussulmans (private individuals) who
in the capacity of tenants or hereditary adminis-
trators, have an interest in the Vacqf-Sady of mosques
on lands formerly Turkish, deduction being made
of the amount of the impost levied on that Vacuf—
Both these classes of MuSsuimans, whose claims
shall have been recognised as valid, shall be bound to
proceed themselves to the sale of their property,
within the space of a year, with a proper reserve for
the amount of the debts secured upon those estates.
If within that time sales cannot be effected, Com-
missaries shall be appointed to estimate the value of
the unsold lands; and when once that value
have been ascertained and fixed, the Greek Govern-
ment shall give to the proprietors or heirs, whose
claims and rights shall have been established, Bills
upon the State, payable at periods agreed upon.
The verification of the titles and debts, and the
appraisement of the estates to be sold, shall be made
by a Commission composed in equal numbers of
Mussulmans and Greeks. It will be authorized to
do justice to every claim, and to pronounce upon
every case submitted for its consideration, and on
the losses experienced by the claimants during the
Revolution.

In order to prevent all difficulties and differences
which might arise between the Commissioners of the
two nations, with respect to the above-mentioned
operations, to abridge and facilitate liquidation, and
to arrive at a prompt and universally convenient set-
tlement, a Court of- Appeal shall be formed, and a

Tribunal of Revision, composed of Commissioners
- from the three Allied Courts, who shall decide in
*the cases in which the Greek and Alussulmans Com-
missioners shall not be able to agree.
SUZERAINETF..—Greece, under the Suzerainete
of the Ottoman Porte, shall possess that internal ad-
ministration best suited to her wants, and best cal-
culated to secure to her liberty of conscience, of
worship, and trade,. and the enjoyment of property
and peace. For -this purpt,se the Administration of
Greece shall assume, as nearly as possible, a monar-
chial form, and shall be entrusted to a Christian
Chief or Prince, whose authority shall be hereditary
in the order of primogeniture. In no case shall the
choice otthisz Chief fall on the family of any of the
three .Courts, parties .to the Treaty of the Grh of
July. It shall be agreed in common. between them
and the Ottoman Porte. •
To secure to the Porte the stability of the tribute
allowed her by the present Treaty, every Chief Shall
receive the investiture of his dignity from her, and
at his accession shall pay her the additional tribute
of a year. Should the reigning branch be ex-
thiguislied, the Porte shall take the same part in
otltztirettolt.
nomination -of a new Chief as she did in that
.._i
AMNESTY AND RIGHT OF DEPARTURE.—The
Ottoman "Porte will proclaim full and entire amnesty,
in order that in future no Greek may be called to
account, in. the whole extent of her empire, for
having taken, part in the Greek insurrection. On
its side, the Greek Government shall grant the
same security, within the limits of its territory, to
every Greek or Mussulman of the contrary side.
The Porte will allow a wilt& year to any of her
subjects who may wish to leave her empire to settle
in Greece, for the purpose of selling their property.
They shall be permitted to depart freely. Greece
will insure the same facility and the same period
for the sale of their property, to the Greeks who
will prefer returning under Mussulman domination.
The commercial relations between Turkey and
Greece shall be settled as soon as the articles spe-
cified in the present Protocol shall have been reci-
procally adopted.
The Ambassadors of France and England shall
claim from the Ottoman Porte the continuance of
the truce which the Reis Effendi stated existed de
facto on the part of the Turks towards the Greeks,
in his Address to the Representatives of the Allied
Powers in the Archipelago, dated the 10th of Sep-
-1 tember, 1828..
At the same time the three Allied Courts having
decided upon the step which they take in opening
fresh negotiations at Constantinople, with the sole
view of settling the fate of the Greeks, shall claim
from the Provisional Government of Greece the ces-
sation of hostilities on every point, and the return
of the Greek troops within the line of the limits
described in the foregoing proposition, without,
however, any detriment to the future boundaries of
Greece.
As soon as the preceding dispositions shall have
been agreed to by the Porte, their execution shall
be placed, conformably with the sixth article of the
Treaty of the Gth of July, under the guarantee of
the three Powers by whom the Treaty was signed,
and the rest will become the object of ampler stipu-
lations between the three Allied Courts, as declared
in the precited article.
Let it be understood that, from the present in-
stant, the guarantee of the Greek State now about
to be formed is insured by the three Powers against
all hostile enterprise on the part of Turkey against
the Greeks.
The Ambassadors of France and England shall
reject all dispositions which might militate against
this fixed basis.
Although Russia, while adhering to these dispo- ,
sitions, be not represented at Constantinople by any
individual invested with special powers, it is under-
stood that the negotiation will be carried on in her
name as in the name of France and England; that
all the articles shall be debated and agreed in com-
mon by the three Courts, and that under no pretence
whatever shall any thing be acceded to which might
tend to exclude Russia from the negociation or its
results.
The Ambassadors of France and England shall
employ every means in their power to attain, in the
shortest period possible, the accession of the Porte
to the propositions which they are authorized to
make to her. They will require from the Ottoman
Government a prompt and decisive answer.
The official documents to which the present ne-
gotiation may give rise, shall be drawn up in com-
mon by the two Ambassadors in the name of the
three Powers, a triple copy shall be signed, and one
shall be forwarded to each of the contracting parties.
The basis of the present Protocol shall serve as
instructions for the two Ambassadors in the nego-
ei„tions which they are to open with the Porte.
The Plenipotentiary of his Majesty the Emperor
of Russia has formally declared, on the part of his
Sovereign, that he has been authorised to negotiate
with the 'Turkish Government on all the points
making part of the present Protocol ; and the Ple-
nipotentiaries of England and France have an-
nounced that, in order to attain the end in view,
the representatives of their Courts at the Ottoman
Porte consider themselves authorised to negotiate,
without any other formalities, in the name of his
Majesty the Emperor of Russia, as in the names of
their respective Sovereigns, and will, for that pur-
pose, immediately repair to Constantinople, to act
in a collective name and in concert.
(Signed) ABERDEEN,
POLIGNAC,
LIEVEN.

SHIPPING INTELLIGENCE.

LIVERPOOL.

MONDAY, JUNE 22.--High water 4S minutes past
two o'clock.—Wind S. E.—Arrived the Helens, Tullock,
from Alveres ; Liberty, --, from Kircudbright ; James
Holmes, Kneale, from the Isle of Man ; Pacific, Evans,
from Charleston.

CLEARED OUTWARDS.—.I.IIE Ziel Margaretta,
for Kniephausen.

Off Point Lynas, No. 642, the Corsair, British brig,
from Halifax.

We have this day the painful duty to an-
nounce the loss of the brigs Hibernian and George Can-
ning, the former commanded by Captain PosLocK, the
latter by Captain BayHA.m. The following particulars
have been kindly communicated to us by a respectable
mercantile house in this city. The Hibernian, from
Quebec for Pottaferry, and the George Canning, from
the same place far Cork, were both wrecked in a heavy
gale of wind and thick weather on the 7th November
last, on the west end of Anticosti, an extensive but unin-
habited island in the mouth of the river St. Lawrence.
Captain Bnyri.3.m, of the George Canning, and three,
hands, were killed by the falling of the mainmast when
the vessel first struck, and four of the remaining seamen
perished by the cold. Both vessels were lost near each
aortlriievre,
daantd
Quebec
et ootna
tltl'ere2tsii Partf;‘ii r
il a the 4
ict crews sseolflcolcelr;
Hunter, from Auticosti. The following are the names of
thoseßlcßHM
uoun SCOTTnboardthtarpe.Geenotergr;e Canning who were lost, as
well as saved :—Lost—Captain RYA, JOHN DEAYES,
JOHN PETERSON, EDWARD
FLINN, EnwAitn MAN, GEORGE BELL, sailors; JOHN
SCULLY, boy.—Saved—ANTIIONY HARRIS, Ist rate;
WILLIAM BACON, 2d mate ; HENRY DEAVES, apprentice;
JOHN CAMPBELL, sailor; and a .French boy taken ap-
prentice at Quebec. The bodies of Captain BRYHAM,
RICHARD SCOTT, JOHN DEAVES, and JOHN PETERSON,
were found and interred.— Cork Chronicle.

This law appears well adapted to the state of
freehold property which existed at the time when
it was established, and during a long period af-
terwards ; alienation was at first prohibited, and
it long remained rare ; a disposition by will, ex-
cept as to estates in a few districts devisable by
custom, was not allowed, so that the estate of
the husband descending of course to his heir,
there was not likely to be any difficulty in find-
ing the lands, a share of which was to be as-
signed, nor any interference with the property of
third persons in making the assignment ; besides
all which there was no fund for maintaining the
widow but the real estate.

This state of things has for a long period
been so much changed, as to make the original
Law of Dower highly inconvenient. Estates
are now frequently conveyed away and charged
by the husband, and it is desirable that there
should be a power of so doing free from the
burden of dower. The great increase too of
personal property affords other means of provid-
ing for widows.

The. Legislature long since, by the Statute
27 H. 8. c. 10. provided a method of diminish-
ing the evil to some extent, by making a join-
ture of a certain description given before mar.
riage, a bar of the right of dower, though such
jointure may be of inadequate value, and made
to the wife before she has arrived at the age at
which she is enabled to assent to such provision.
Courts of Equity have enlarged the remedy by
making some provisions not strictly within the
terms of the statute bars of dower ; Courts of
Equity have also obviated the inconveniences
arising from dower, and also very materially re-
stricted and impaired the right to dower, by
holding that equitable estates, a modification of
the ownership of real property, which has been
introduced since the Law of Dower was esta-
blished, and now exists to a very great extent,
are not subject to dower ; and further, by hold-
ing that a purchaser may protect himself against
the dower of the vendor's wife in legal estates,
'by procuring the assignment to a trustee for
himself of an outstanding legal term (in reality,
a mere fictitious estate) decisions scarcely recon-.
cilable with principles of justice (as they make
the rights of parties liable to be affected by.
technical rules and fictions), and contrary to a
general principle laid down with respect to
equitable estates, that equity shall follow the
law, and at variance with the principle of deci-
sions in the analogous case of the husband's
tenancy by the curtesy, which is held to attach
to equitable estates.
It may be observed here, that the statutable
bar by jointure depends at law, and in case of
the marriage of a female under twenty-one years
in equity also, on the validity of the title to the
jointure, it is therefore troublesome in questions
with purchasers.
In order to defeat the right of dower in cases'
not within the statute, and to which the above
decisions would not apply, purchasers have long
had recourse to the contrivance of taking con.
veyances of estates in a very artificial form,
cplled a Conveyance to Uses to bar Dower,
which, while it confers the whole beneficial
ownership, and an absolute dominion over the
legal estate, prevents the legal estate from so
vesting in the purchaser as to make the property
subject to his wife's dower. This ingenious
form of conveyance, which was long in being
perfected, and is now nearly universal, is found
in practice to be attended with some irmn-
vemences, and owing to the mistakes of un-
skilful practitioners, it occasionally leads to seri-
ens mischiefs.

By all these means the Law of Dower is in
most instances evaded ; where husbands find their
estates subject to dower, they very frequently
make provision for their widows on the condi-
tion of their relinquishing their dowe‘r ; and
sometimes without knowing that the right to
dower exists, or without expressly noticing it,
they make provisions for their widows, and at
the same time make dispositions of their fee
simple estates inconsistent with the enjoyment of
dower by the widow, or which, by clear implica-
tion, indicate that dower is not meant to 1-;a en-
joyed by the widow.
These last modes of defeating dower are found
to be from various causes very uncertain, and
often open to questions, and they are not unfre-
quent sources of litigation in which the widow
finds herself involved, or is tempted by the un-
certainty of the law to engage.
The general result is, that the right to dower
exists beneficially in so few instances that it is of
little value considered as a provision for widows,
and we believe it may be confidently asserted,
that it is never calculated on as a provision by
females who contract marriage or their friends ;
yet there is so much of uncertainty in the modes
by which dower is prevented, that the actual or
possible existence of the right is a very frequent
and serious impediment to
in
transfer of pro-
perty, and the ascertaining n each case that it
tbYe done for pre-
has passed, or
p
does not exist in the widows of an o.; the per-
s7onsc throughurincr Nicl.l,ocisnsatrl;ve
aictr.:[:(e)r
venting or barring it where it does or mav exist,
or securing the future production of tl,O
of its non-existence„ 4rc t:l3 causes of frequent
and great delay ;Ind expense attending such
transfev. Thus where there is no person who

The distinction as to dower between the hus-
band's seisin and his mere right, we think, insthe
present state of things, irrational.
We propose that dower should attach upon
all estates of inheritance in possession, excepting
the species of property to which dower is not
incident; and on property considered in equity
as real estate of or to which any husband dies
seised or entitled in fact or in law, whether
legally and beneficially, or beneficially only,
which, if belonging; to the wife, would be sub-
ject to the husband's curtesy, but subject, like
the interest of other persons having partial in-
terests in the inheritance, to any estates charges
or incumbrances which the hoband may have
lawfully created, or bound himself to create, and
to his debts so far as they attach
.on his freehold
estates, and as to estates which he can affect by
his will, to any disposition, direction, or declara-
tion made by his will, executed so as to affect
freehold estate, and that dower should not attach
on any other estate.
By this enactment, the artificial distinction
between legal and equitable estates will be taken
away ; on the other hand, the subtle contri,
vances to which we have referred will become

unnecessary.
We propose that a provision made by will for
a widow out of personal estate, shall not deprive
her of dower, unless the will, expressly or by
clear implication, shall so direct, but that any
devise of freehold estate shall be held to be free
from dower, unless the contrary be declared.

And that as to estates nhich the husband
might by his will dispose of against his wife's
right to dower, he may by his will, duly exe-
cuted, declare that such right shall be discharged
without making any further disposition. And
we propose that the enactments shall not inter-
fere with the rule of Courts of Equity, giving
widows a preference over other legatees for lega-
cies given to them in satisfaction ofdower. And
we propose that a declaration in any deed or in-
strument giving or devising estates of inheritance,
may make the estate of the donee or devisee not
subject to his wife's dower ; but these enact-
ments not to prevent Courts from enforcing on
equitable principles, covenants or agreements of
husbands not to bar the right to dower, nor to
prevent the barring of dower by agreement or
settlement, or its forfeiture by adultery.
Owing to the inconveniences of the legal re-
medies for dower, it has only been enforced in
modern times by a suit in equity. This species
of suit, on account of the complication of inte-
rests in the property, is very frequently tedious
and expensive. We endeavoured to devise some
method of giving to the wife her dower in a form
which might put her in possession without legal
process ; and the mode of a rent-charge and that
of making the wife tenant in common of the
lands out of which she was dowable, occurred to
us. After anxious consideration, we arrived at
the conclusion that no benefit could be secured
to widows by any such expedient, without hazard-
ing injury much more than commensurate to
other parties interested in the lands, and endan-
gering an increase of litipti.m. We vet hope
that some improvement of the compulsory me-
thods of effectuating the right to dower will be
found practicable. There are some antiquated
species of dower, as dower ad ostinm ecclesice
and dower ex assensu pairis, now entirely out of
use : these in substance are very imperfect modes
of settlement for barring the common law right
to dower ; we propose to abolish them.
We do not propose at present to extend the
alterations of the Law of Dower to gavelkind
lands or borough English lands, or to copyhold
or customary lands, as to all which the ,night to
dower or free bench is regulated by a variety of
peculiar customs. We deem it expedient to
postpono the recommendation of any further
alteration of the laws relating to those several
tenures until the whole subject shall come under
our view,