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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 apply
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-

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