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but in which, Lerd Haselresbut, tells Mr. Frere s that on that point alone, Great Britain is not de- • sirous to break off the negotiation. This, Mr, Frerc received (the date is material ) between the I eth of February and the 5d of March. He saw the Prince of Peace, but rover made any mention of the conditions which formed the determination of his Court. Why did not Lord Hswkesbury see M. Anduaga on the suhjeet, or else write to Mr. Frere, that if that condition was not complied with, it must rause a war between the two conntries f It was, he said. distinetly stated by M. Anduaga, that money would be substituted for troops, and if any of the late Administration were in the House, he wit't el to know whether the neutrality of Spain wet not by them deemed desireahle From this time till the Noble Lord went out of office, not a •ingie line of communication did he send to Mr. Frere, who was left to aft just accord , in gto hit own conception of thirgs, till Lord Har i e'rs came into offiee, and then he would suppose, t • it, according to his accustomed industry and good i ment, his very first effort would be a consi'dera e • no., of the rehtinns subsisting between this country and Spain. Ilk first dispatch was on the 22J May, but it contained no reference to the dispute between the two Governments. That we had a right to de clare war, he would not dispute, but that right , might be waved by a convention, agreement, or under standing, call it which you will. On the 'led May. Lord Harrosrby takes no no:ice of the dispute between the two countries. From Eke 21st of Ja nuary to the 296 of December, not a line passed from any of His Majesty's Ministers on the inkjet. On the t'.9th of Septemirer another dispatch was sent by Lord Herroseby to Mr. Frere, in which a language was used towards Spain very different to any which badliithertobeen held onthe subject. In thisdispatch Mr. Frere is desired by his Lordship, in consequence of advices received from Admiral Cochrane, of the arming of ships of war ie the part of Ferrol,to request immediately eneudiraceof M.Cevallos,in whichheis to cell tothe reenlleßion of thatMinistertlieg rounds on which His Majesty has hitherto forborne from con sidering. Spain as an enemy; and among many ();lier paints, Mr. Free is direded to require of the Spanish :paints, the immediaie vocal of all orders for the naval armaments at. Ferrol, Cadiz, and Car -1 I thegena ; and to apprise M. Cevallos, that ea less he received a satisfadory answer, without de lay, he WAS ordered to quit Madrid." Mr. Grey said. he read this, because it Was material to ascertain whether the answer of M. Cevallos wa• dies A or equivocal. Mr. Frere, by a note of • t the •27th Sept. calls nn M. Cevallos, "to ;account for the arming of certain ships of war at Ferrol, and desiring him to consider the consequence of a perse verance in such measures." To this note M. (Weal los repiied the Id of Odober in the following terms : et 'I hat he had made a report to the King his master, of the contents of Mr. Frere's note of the 27th last, in which he speaksof a naval ai filament which he sup poses to be fitting out at 1' et rol. His Majesty orde. ed him to answer, that he had never thought of beMg wanting in tee Agreement entered into with the British Government; dot the cessetionof all naval armaments should be observed, as it had been to that time ; and that whatever information had reached him on that head, it was altogether unfounded, and offen sive to the reputation which the Spanish Government justly enjoys." By this, it appears, that Mr. Frere's continuance at Madrid was to depend on a satisfac tore answer from M. Cevallos, in regard to naval armaments, previous to the dispatch of the 29th of September: therefore, Mr. Frere had made a de mand, and received an answer which was not satie teflon.. M. Cevallos tells him there was no aims. ment hostile to England ; but, what there had ever been,was discontinued. Mr. Frere, after this, remain ed three weeks it Madrid, without making anyfurilier mention of this armament, and this silence, he con tended, was a complete admission that he was fully satisfied with that answer. On the t6th Oelober, a negociation began in consequence of the dispatch of 29th September, in which Mr. Frere states, as ordered thereby,a peremptoryexplanation as to the armament in the Port of Ferrol ; M. Cevallos denied it, and gave Mr. Frere a copy of the conversation between M. Ala:lege and the English Minister for Foreign AS-i is, Mr. Frere acknowledged to be an agreement. He then asserts a right in Great Bri tain to declare war on the appearance of any arma ment whatever; a monstrous principle, which he thought could not be reconciled either with reason or ju-tice. If an agreement then took place in which armaments were to cease at the time of that agreement,—if Spain complied with that, she did every thing that was necessary or could be required - of her ; Lid he would ask, whether Mr. Frere did V.: , t exceed any power which had been entrusted to em, when he went so far as to say, " You shall st arm, eves for the purpose of quelling your •tvn rebellious subjeefs." He contended Mr. Frere was not authorised to insist on this as a condi tion for remaining at Madrid, especially as the Spanish Minister had unequivocally declared, • , 1 there was nothing in the subsidy that amounted to an injury toGreat Britain. He said, he did not deny the right of Great Britain to ask this explana ti in, but, if the answer of Spain was dire& and fair, without any subterfuge, or equivocation, he could nut possibly Account tor Mr. Freres conduß. unless he hid. in the man time, received an ac cuunt of the taking of the Spanish frigates. He had alleged, that the answer ef the Spanish Minister was not satisfaelory, and, therefore, he told him he viol e t have his passports. It put him in mind of the r.i:•2.aticm Lveast O'T wee. in the comedy of Tic Rivals, in which he wishes to fix a quarrel on Capt. Medal's • in which, lifter several retorts, being asked by the Captain to explain the cause of quarrel, be answered,—" Oh, my jewel. the quarrel is a very pretty quarrel as it stands, and you'll only Spoil it by asking for an explanation."fhis, he thought, was precisely the case with respect to our dispute with Spain. We might have continued on terms of peace and amity with her, if His Majesty's Ministers had been so inclined. Spain had, through out the whole transadion, evinced a continued de sire to remain on terms of peace and amity with Great Biitain • she had constantly avowed thi s as her earnest wi sh, and clearly shewed, both in the conversations which M. IYAnduaga held with the Minister for Foreign Affairs in this country, as well as all the different communications which took place between Mr. Frere, the Prince of Peace, and AI. Cevallos, that she was heat Lily desirous of this, and that she entered into the subsidy with France \ . for that espicial and particular purpose ; and that such subsidy was no more in its amount than a bare compensati in, for not furnishing the contingent she was bound to do,, of ships and troops; and in left, it was rather below the mark, than deserving the epithet which had been applied to it, of .. a war subsidy." The fat% in his opinion, was, that Minis ters had never made up their mind to any fixed or settled plan, but .were continually veering about, and demanding explanation; on points, which no body understood but themselves: and on the con stration of which, the Ministers of His Catholic Majesty uniformly differed from those of Great Bri tain, and as uniformly asserted the fairness and candour of their own contleet, and the good faith and honour of the Spanish Government. Having stated thus much, Mr. Grey said it still re mained for him to touch upon another part of the subjeet, which he had, from the commence ment of his argument, determined to treat sepa rately. This sets the most so:emn and affeting part of the wh:lc transaCkion. Ile meant the seizure of the Spann At frigates. Dispatches had been sent front Admiral Cochrane on the 7th of November, which came to hand on the 18th. An order had been issued on the ltith of September to prevent any ships of war from coming out of the ports of Spain, or entering the same. The Right Hon. Gent. had assumed great credit for the s?ir:t and vigour with which Ministers had ailed ; but the first objeet ought, in his opinion, to have been in quiry, and further he appealed to the established custom of the law of nations. He by no means wished to dispute or lessen the authority of Ad miral Cochrane, or any other gallant officer en gaged in the service of his country ; but there were certainly circumstances attending his situa tion, which required that Government should be cau tious how far they placed an implicit confidence in it. The but dispatch from Sir Edward Pellew, on the 9th May, who was the Officer that immediately preceded Admiral Coehrane;stated the Spanish Com minder to an upon terms of the most perteft rordializy and friendship ; and the first dispatches from the Admiral himself were to the same effect. Unfortunately, since that period, something has oc curred, which gave a different colour to the face of affairs. H.. thought, however, dispatches coming him ought to be received with caution, -and not impLcitly trusted to, without inquiry and explana 'ion. He had in his eye a gallant Officer, who had been present during the whole of Admiral Cochrane's commanol before Ferrol, and he shoal,: be glad to hear him give his opinions on the subjeft. There were several improbable circumstances relative to the account of the ships at Carthagena and other places, and pat tizularly that relative to the eighteen sal of the line at Cadiz, which, taken together, show the physical impossibility of its being formidable. The Spanish Minister states, that whatever the ar maments might be, they were not intended against Great Britain. Mr. Frere had a conversation with M. Cevallos, who told him the armament was for the purpose of quelling the insurrediors in Biscay, which, strange as it may seem, he believes to be the case ; if it had been intended against England, why lay it aside ? That very fact spews plainly that it was not,—on this information, thus labouring un der these sttspicions, the orders of the 18th of Au gust were issued. If the Spaniards bad attempt ed to sail any of their ships of war out of their ports, we might lawfully have attacked them, be cause such a measure would have been a direct aggression on their part ; but to seize on merchant ships and merchandise is not a measure of precaution ' but of actual war. For these rea sons Mr. Grey said he should oppose the Mo tion made by the Right Honourable Gentleman. Mr. Grey concluded by moving an Amendment to the following effeet ; In the first place, expres sive of the thanks of that House for His Majesty's most gracious communication, in laying before them the several Papers relative to the War with Spain ; also assuring His Majesty of their utmost attach. ment and readiness in supporting every measure which tended to the lustre of His Majesty's crown and dignity. Upon taking those communications into their most serious consideration, theywereof opinion, that the treaty of Ildetonso was a good causeof war ; but that they have seen, with deep regret, the in struCtioes given by His Majesty's Ministers to his representative at the Court of Spain were indefinite ; and that during the whole course of the discussions upon the sub eat, it appeared that Nis Majesty's Nrinistershad frequently shifted theirgrounds and va riedtheir demands;that thecriminal negligenceof His Majesty's Ministers was apparent, in their not send ine nut instruftions to His Majesty's Minister at Madrid, from the month of June, 1800, for several subsequent mottths, and that there was not the small est intimation to Mr.Frere, for a period of six months, of the langu age he was to hold, or of the measures he was to adopt; and that, during all that time, he was left without any instructions whatever; that the communications from the Court of Spain were neither allowed nor disallowed, ratifiAd or rejefted by the British Minister; but that omissions and defeCts distinguished that transaCtion ; that in the month of September, hostilities were commenced, during a period of Nogotiation, which step could not be juaified by any public law. That the ex planations by Mr. Frere were not full in all points ; that, with equal surprise, they saw and disapproved of the final decision of his Majesty's Ministers, to commence hostilities, and of His M njesty's tepte sentative withdrawing himself front the Court of Madrid in so sudden a manner." The Address con cluded with expressions of attachment to His Ma jesty, Arc. The Amendment being read, and the Question put; Lord CASTLEREAGH, after some preliminary observations upon the great importance of the sub jeff, and the extensive detail which then occupied the House, and after adverting to the able state ment of his Right lion. Friend, and claiming the indulgence of the Howie, said, the great leading question was, whether the treaty of Ildefonso between France and Spain, was an offensive or defensive treaty i Upon that subjeet there had been * consi derable difference of opinion between persons of the first authority. It could not be necessarily recog nised as a measure of neutrality ; and, he thought, it was the strong policy which this country afted upon to preserve the neutrality of Spain. He could not agree with the lion. Gentleman who spoke last, upon the proposition that it was not until they began to aft that we were to Frees them ; whoa we were w se aft upon it, or not, depended upon a variety of cir cumstances ; it was necessary to do so as long as it would be consistent with the saf-ty of the state. The Hon. Gentleman seemed to consider that there was an omission in the necessary instruaioos ; but he insisted Mr. Frere was furnished with every ne cessary instruftion. and his dispatches were com plete in every respea. The principle on which his Noble Friend had ailed was, that nothing could be so fatal to the charaffer of the country and peace of the realm, as to admit of a variety of negotiations. Up )n this point he did not feel it necessary to dwell very long. As to the second &ranch, it had been contended, that though Spain had not done any thing to ehoivow the convention with France, yet, she heti done no aft, in appearance, to fulfill that con veation ; it was efficient, he admitted, that she was an unwilling party, and, what was done, Was through necessity. As to the instruaions, they could 'lot be misled for one moment, they were distinalv ap prised of the consequences of that aft. If she Was to give a contingent in money, it was to be referred home to England. As it was declared to be estava gant, in proportion for the number of men, this point was so obvious, it required no observation. —Her preparation of armaments was a justi fication for our acting hostilely without any fur ther negociation, nor was there any argument that could convince him that Spain, making such con tingent supplies to France, was not a justifiable cause of war, which was only adopted by Great Britain under the peculiar circumstances of the case. The Noble Lord tepeated that Mr. Frere had afted in every way consistent with his instruc tions, and it was pretty clear, res far as the Go vernment at home was concerned, that they had no idea of altering that right of forbearance and moderation they had adopted in the commence ment ; nor had that right been at all impaired by one single aft dune by Mr. Frere, who, to look to his coodua, as far as his instruaions went, and through the whole of his statement in his dis patch of the 3.i of March, endeavoured to keep up the tone of his instrualons without seeking to avoid any thing like a neutrality. In ad verting to the dispatches of Mr. B. Frere, he directed the attention of the House to that Gentle man's opinion, which stated that he conceived a sus pension of hostilities was not a recognition of neu trality. It was contended on the other side, that nothing which passed in the port of Ferrol was a virtual breach of that convention. At that moment Spain was at liberty to retain every armament she had, but when she brought her ships of the line into the outs r roads, it became an aftuol objet of jealousy in the British Cabinet. This was distinftly a breach of the Convention, and we had as good a fight to ass -rt our own rights, as if no such con. ventron had taken place. There were strong grounds required to justify this proceeding ; but the grounds he had to produce would bear him out ; and if Spain was obliged to give aid to France, it was a great objea with her to get out minor armaments. The Hon. Gentleman (Mr. Grey) concluded with referring to the letters of M. D'Anduaga, from which he inferred that his negociation had answered no purpose ; he must here observe, that at that time the Spaniards detained British ships, with British property, and aflually declared war against Eng- Lind. Upon the whole of the question, it appeared that the decision for war was taken by Spain, upon the grounds, the they hod a Treaty of Alliance with France, which put the latter power into pos session of half her revenues. In that treaty, several private articles were contained unknown to us, nor would she declare what those articles were, or the conditions of such treaty. Upon all these grounds, he was satisfied, the House would express their ap probation of the measures which had hers adopted. Eat! TEMPLE adverted to the Treaty of Con vention of St. Ildefonso, on which he contended, and so far agreed with the Noble Lord who spoke last, that this alone was sufficient ground for wor with Spain ; but he insisted, that having once waved that treaty, we should have treated that kingdom as any other neutral with whom we might he negotiating. The instruaions of Mr. Frere were vague, and indefinite. But it was contended that, in the case of the Spanish frigates, that was the best possible measure to prevent the effusion of blood : he admitted that had they sent a superior force to take them, this might be asserted with some appearance of truth : a superior force was not sent, but an equal force, to which no man would think of striking without forfeiting his honour. He could not conceive how Ministers could speak with such coolness of the blowing up of 300 men, women, and children. When he recollected this, he was surprised to hear them talk of preventing the effusion of blood. It was said that Spain had declared war, by the detention of English property : he thought the two nations pretty much upon a par in this re spect. He concluded, by observing, that he could not help thinking the country was disgraced by the measure. Sir J. NICOLL (the Advocate-General) said, it became a mate' i il question in the present debate, to consider shat was the law of nations, which he ranged under three heads; Ist, the natural deduc tions to be drawn hum the principles of natural rea son; 2dly, the authority of the most eminent men; dad 9.11 y, prodlice. But another thing was also to be considered, namely the Nair:Aar circumstances of the case, flu it was in vain to inquire what thelaw was, if we did not fully understand the nature of the • particular case to which he meant to apply it. In the present case, it was admitted that we had ori ginally a good cause of war against Spain, but it was said that we had abandoned it. That was not the fad. We Inver had shewn a disposition to renounce it; on the contrary, Spain was re peateJly assured, that, unless certain terms were ac ceded to, we must ad upon it. We had a right to unlimited,unconditional war,and,consequently,must have had a right to commence it upon a limited scale. Had hostilities been preceded by a dttclara tionof war in the Casette, by a proclamation on the Stock Ezchange,or a herald with a trumpet, the ene my would not be placed in abetter situation,asnone of these modes would give him better notice than that which he has had. No declaration of war can be required which shall operate as a notice to the party to protect himself against his own injustice. The case of an individual had been mentioned, though not applicable, as he has always a tribunal to ap p ly to, whereas nations have no authority to decide their quarrel. But even, in the case of an individual, if be puts himself in a menacing attitude that en- . - ifl clangers your safety, yeti have a tight to take away his life, and, if so, surely the more lenient course of binding or tying him for the parpose of preventing injury, will not be denied. Both Vattel and Martens say, that a declaration of war is not intended as notice to the party, but to give him an opportunity to make reparation. The praftice of the last century, at least, in all maritime wars, shows that hostilities always preceded a declara tion of war. finis was the case in the war of 1718, in which Sir George Byng was employed. In the war of 1726, the declaration was not until six weeks atter ho►tilities commenced, and an attack upon Gibraltar. In the war of 1739, the Spaniards setzt 3 all the British ships in their ports in defiance of a previous convention, that in case of a rupture, there should he allowed three months notice to ss draw private property. In 17440, we sect a fleet to attack the French fleet of Dungeness, and yo there had been no previous declaration of war. In 1755,5ve seized all the French ships in our ports, and•ye; there were no reprisals for several months altt:r. 1761, the Fpasch in their Projet proposed, that prizes before the Declaration of War, should be re stored as being taken contrary to the Law of Natioas, but this was refused, upon the ground that they were not taken contrar yto the law of nations. In 176;, the King of Spain ordered all English ships in his por ts to be detained three weeks before a declaration of war. In the last war we seized Dutch property nin e months before a declaration, and the battle of Co penhagen also took place prior to a declaration of war. From all these cases it is evident that in the mode of commencing hostilities, in the present war with Spain, our honour is safe; he did not wonder, however, that the enemy made an outcry about it. It was natural that they should, it was their interestto alienate the affeftions of the other nations of Europ e tionn us. lie was not sur prised, therefore, that tl.ey should follow that course, nor was he surprised to find men i❑ that f louse adopt it, as he had knouts them to do so before. Mr. WINDHAM rose to suggest, whether, front the lateness of the hour, and the number of Gentle men who migh probably wish to speak upon so ins. portant a sublea, it might not be advisable to ad journ the debate; if not, he should avail himo.lt the present moment, as a favourable opporunity, tit deliver his sentiments. (A loud vcice from tuie side Gallery exclaimed, Go ea, Go 01.) Mr. Wind. ham concluded with moving that the House do now adjourn. Mr. PITI' said, that he was anxious the debate should he brought to a conclusion that night, but he yielded to the reasons for the adjournment. Mr. IN [NOWA beS motion for adjournment was then put and carried. Adjourned at HALF-PAST ONE. PRICE OF STOCKS YESTERDAY Rank Stock 177 S inn Cent. Ned. llll l S per Cent. Consols ..« 4 per Cent ' 5 per Cent. Navy India Stock Facchequet Bilk. pot to. toe. Lottery Tickets,. ....£4l. Sc. Consols for .. ... THEATRES. Kints's —This Eenning, the Opens of ZARA, Dieertisement, and the &diet of LA BELLE LAtTIERE Dattav-Lass ..-This Evening, tM New Comedy of TIM HONEY MOON, with (never afted) a New Melo Dr.inte called THE LADY OF THE ROCK. Covamv-Gaavan ..-This Evening, the New Play of THE SCHOOL OF REFORM, with (first time) TOO MANi" COOK S. THE BRITISH PIi.E,SN- LONDON, TUESDAY, FtRUAILY 12. Both Hous., of Par:iaimmt, last tight, presented a very full attendance upon the D,hatnof the Question rztative to the War with Spain. It was approved of without a dlvisios, in the House of Lords; but the Debate was adjourned io the Commons, in which it is supposed the Opposition will divide tolerably strong this night. Previous to the Debate in the Lords, the Earl of Sr. Vise ens asked a question relative t' an inqaity into his conduct, when at the head of the Admi ralty ; to which Lard H4WICISSUIIIf answered, he was 00i aware that any such proceeding was in conteuselation. The Channel net, ender the coasomad of Admiral CO,n• wants, is arrived at Torbay. Yesterday arrived a Mail from Lishon, brought to Falir.moh by tit Prince of Wales packet, in 14 days. There are three distinB and unconnected lists vets mak oz far the Lrea. 1. Mews. H awl A CA.lsraid, WI themselves. 2. Mears. R..barts, Cuttn. and Co. wall Meson. Vitt!m ums, W.ard, _ _ _ 3 Sir Franco Baring anal Co. Mr Angarattan. Mnsl• &stye, Ayton, and C.% And thorn will probably be a Stuck Exchange list Th • Coen of King's Bench yesterday gave ludemei,a 3ga i. A t the Defoodent, in the ease of ea ANSI as v. CAUL, t u u w• •11 and Hurd 1).• v is. for runim.rtoig wet? sentenced, 11. former to six months im., ot orient, Re I to stand in the palmy typo-Me Somerset I louse, 01 4 day : the tatter to three monilaimprisortileut. The 0 "%diodes, Tremandeff, and the George. an.! Fisee . 4 Thompson, of Penzance; the Aurora, D 111140., inr W ford, and the kite, Lacey, from Guentey, r.,1 Bergen captured in November last, by the General Periglion fre.i pi ivatecr.--The George and Francis lour.dereil at sea. The Georgits Scholia, from Liverpool, for Lisbon, bat f t Invest at sea ; crew saved. The hlarchione.. of Exeter, ---: the Fame, ---: the Sir William Belisle!, were to sail from Madras for Haagal. on the 14th of August Wt. The Prioress Charlotte, to nil f rom . Me le,s f.i• England, about the middle of (Huber last, in cutup ..iv ssi.th two or three Bengal ships, which were oxpecti..l there to C , J , piety their lading. The Hope, front 3emah•a, arrived at Bristol ; 4p , ae the Lively, --, end the kingulin Parket, from Jonah a. coder Cape Clear...4ltey intended to go i. (or CE/111,," f2d DIA TN-44 - 4.1 'Sunday night. mveit tecrettetl, AK Ye". Mr*. th.olti.tt, widow of" thi late Mr. Edn n4041 441 '. of Claawely•lautv. . e•F' proorierri" LON; 11t1N :....Peotted he GEt',ll6E I)AV gur6oN, Ng.. 33, Wv.-I..treet, Rt. Clamtle i , and rtitilo,eA by JUSIAI . I I`illtit, at the 4 Mk. No , 1 5, ik ' to of St. Clement '4 V14‘.14 iitr..oft,*hmr L. the t oe s, isc. (011-t g.- 0 ) RA be duly atit.t.Re. .1