Sitting of 24 January 1805

MINUTES.—
A message from the lords informed the house that the lords had passed a bill, intituled, an act to remedy certain omissions in an act, passed in the last session of parliament, intituled, an act for the relief of certain insolvent debtors. Read a first, and ordered to be read a second time to-morrow;—On the motion of Sir J. Anderson, a bill was ordered to be brought in for the indemnification of certain persons who sold coals, from penalties incurred under an act passed in the last session of parliament, by opening a,

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free market for coals in the city of London.—Mr. Alexander brought up the report of the committee of supply. The resolutions were read a second time, and a committee of ways and means appointed.—A petition of the several persons whose names are thereunto subscribed, on behalf of themselves and others, being lawful electors of the borough of Knaresborough, in the county of York, was delivered in at the table, and read; setting forth, "that his majesty's writ, tested the 9th of July last past, for the election of a burgess to serve in this present parliament, in the room of W. Cavendish, esq. who had accepted the office of steward or bailiff of the three Chiltern Hundreds of Stoke, Desborough, and Bonenham, in the county of Buckingham, was issued, directed to the sheriff of York, and which was, on the 23d of July last, delivered to James Fox, esq. then sheriff of the same county of York, who thereupon issued his precept, directed to the bailiffs of the said borough of Knaresborough, the said bailiffs being the returning officers of said borough, requiring them forthwith to cause a burgess to be elected for the said borough, in the place of the said W. Cavendish, esq. according to the command of the said writ; and which precept was on the 23d of July delivered to John Carr, one of the bailiffs of the said borough; and that, on the 25th of the same month of July, James Collins, the other bailiff of the said borough, together with the said John Carr, did cause proclamation to be made, on the Market Cross in Knaresborough, that the election would be proceeded in on Monday the 30th of the same month of July, at 11 o'clock in the forenoon, at the Tolbooth there; and that the petitioners, and several other persons having, or claiming to have, a right to vote for members of the said borough, were proceeding to the Tolbooth on the morning of the said 30th of July, in order to give their votes at the said election; but in consequence of a very great riot arid tumult, raised by a very large number of persons, who were not electors for the said borough, and in consequence of violent assaults and ill-treatment committed on several of the electors, and on the magistrates and constables intended to keep order at the said election, and by blocking up the passage to the Tolbooth at the said borough, and preventing the bailiffs, magistrates, and electors, from entering the same, the said election could
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not be proceeded in; and that the said bailiffs made the following return to the sheriff of the said county of York, who transmitted the same to the clerk of the crown, annexed to the writ where it is now filed, "We the bailiffs of the borough of Knares-borough, in the county of York, having received the precept of the sheriff of the said county for the election of a member for the said borough, hi the place of William Cavendish, esq. did, on the 25th of July inst. make a proclamation at the Market Cross in Knaresborough aforesaid, that the election would be proceeded in on the day of the date hereof, at eleven, o'clock in the forenoon, in the Tolbooth there: that, in pursuance of the said proclamation, we attempted to proceed to such election with the assistance of sir John Ingilby, bart a magistrate for the West Riding of the said county, and of 20 special constables, but were unable to get to the court room by the violence of a mob, consisting of several hundred people, who had previously obtained possession of the stairs leading thereto, headed and instigated by the following persons, namely, J. M. Allen, attorney at law, R. Dewes, an ensign in the Kuaresborough volunteer infantry, R. Walker, half-pay quarter-master in his majesty's forces, T. Abbot, Serjeant of a volunteer corps of cavalry, W. Whitehead, corporal of a volunteer corps of infantry, M. Lewty, J. Turnbull, and W. Turnbull, all of Knaresborough aforesaid, and several others whose names are at present unknown, who not only insulted and pelted the magistrate and one of the returning officers, but also took the staffs from the constables, knocked them down, as well as several of the electors, and destroyed their clothes, and also dragged one of the special constables, servant to the said sir John Ingilby, a considerable distance to the river side, threatening to drown him: that, after our return from the Court-house, the said sir John Ingilby, being afterwards accompanied by John Watson, esq. and the rev. Charles Knowlton, clerk, two other magistrates for the said West Riding, finding that it would not only endanger the lives of themselves, the returning officers, and voters, it they attempted to proceed in the election, or read the riot act, but would be absolutely useless, as there were no soldiers nearer than the barracks at York, being 20 miles from this place, except the volunteers of Knaresborough, several of

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whom were seen to encourage rather than suppress the mob. From the above circumstances, we hereby certify, that we are unable to execute the precept as directed; as witness our hands, this 30th of July 1804, James Collins, John Carr;" and that the petitioners in behalf of themselves and the other electors of the said borough of Knares-borough, humbly beg leave to represent the premises to the consideration of the house; and therefore praying that the house will take the premises into their consideration on an early day, and grant to the petitioners such relief in the premises as they in their wisdom shall think meet, so that the petitioners, and the other electors of the said borough of Knaresborough, may be represented in the present parliament, and that the persons who were guilty of the violence and outrage, which prevented the election from being proceeded in on the 30th day of July last past, may be brought to punishment."—The chancellor of the exchequer presented to the house, by his majesty's command, the Papers relative to the Discussion with Spain in 1803 and 1804; and also a paper intituled "Declaration," dated Downing-Street, 24th Jan. 1805. The following are faithful copies of the said papers:

PAPERS RELATIVE TO THE DISCUSSION WITH SPAIN IN 1803, AND 1804, PRESENTED BY HIS MAJESTY'S COMMAND TO BOTH HOUSES OF PARLIAMENT, 24th JAN. 1805.
No. 1—Extract of a Dispatch from Ld. Hawkesbury to J. H. Frere, Esq. duted Downing-Street, June 2, 1803. I shall new proceed to signify to you his majesty's pleasure with respect to the conduct which it will be proper for you to observe at the court at which you reside.—It is the king's sincere and earnest desire that the Spanish govt. may be enabled to maintain the strictest neutrality in the war which has commenced between G. Britain and France. You will therefore endeavour, by all the means in your power, to impress upon the Spanish ministers the expediency of their adopting this system; and you will assure them, that, if it be adopted, his majesty will respect it with the most scrupulous good faith.—His majesty's govt. having no means of deciding how far his Catholic majesty may consider himself as bound by the treaty of defensive and offensive alliance which was concluded at St. Hdefonso on the 19th Aug. 1796, it is indispensably necessary that you should lose no time in ascertaining this important point. If the Spanish govt. should
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State to you, that they conceive themselves to be under the obligation to furnish to France the number of troops and ships which are stipulated in the treaty above mentioned, but that their co-operation will extend no further, you will refrain; from giving any opinion upon this measure, but will content yourself with signifying that you will transmit the information of it to your court. You will, however, watch, with the most unremitting vigilance, the progress of any preparations which may be made for carrying it into execution; and you will, from time to time, transmit such intelligence as you may be able to acquire upon the subject, to the commanders of his majesty's ships in the Mediterranean, at Gibraltar, and at Lisbon, in order that those officers may be enabled to pursue such measures as may be best calculated to intercept the Spanish auxiliary ships, on their attempting to sail from the ports either of the Mediterranean or of the Atlantic; a proceeding which would be in strict conformity to the most rigid principles of neutrality, and could not be construed into an act of direct aggression against Spain herself.—If, however, you should learn from the Spanish ministers, that the French govt. will not be satisfied with the definite succours stipulated, but will require his Catholic majesty to place a greater proportion of his naval and military force at the disposition of France, you will state to them, unreservedly, that his majesty will consider a compliance with this requisition as equivalent to a declaration of war, and as justifying his majesty in proceeding to immediate hostilities against Spain.—The next object to which his majesty has commanded me to direct your particular attention, is the situation of Portugal. It is extremely important that you should take the earliest opportunity to desire the Spanish govt. to explain to you, without reserve, their sentiments and intentions in this respect. In any conversations which you may have with the Spanish ministers upon this subject, you will observe to them, that his majesty having consented to respect the neutrality of Portugal himself, he cannot suffer it to be molested by any other power whatsoever; he relies upon the justice and magnanimity of his Catholic majesty, that he will neither of himself, nor in "concurrence with France, Carry into execution any measures which may endanger the security and independence of that country. You will, however, not conceal from the Spanish ministry, that if the King of Spain should allow the entrance of any French troops into his territories, or

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should not resist it by force, the king would consider it as imposing upon him the necessity of regarding the conduct of Spain as a justifiable ground of war on his part. In regard to Portugal, I have still further to signify to you his majesty s pleasure, that you cultivate the most cordial understanding with the minister of that power at Madrid, and that you concur with him in promoting the security of her Faithful majesty's dominions.—Having now stated to you such proceedings on the part of Spain, as would render it expedient for his majesty to commence hostilities against that power, I have to signify to you his majesty's pleasure, that if any of these events should occur, you should make the strongest representations against them, and, in the case of your not receiving a satisfactory answer, you will immediately quit Madrid, and proceed to Lisbon, whence you will return to England. Previously to your departure, you will apprize the officers commanding his majesty's ships in the Mediterranean, at Lisbon, and at Gibraltar, of your intention, in order that they may proceed to hostilities against Spain without delay.
No. 2.—Extract of a Dispatch from J. H. Frere, Esq. to 14. Hawkesbury, dated Aranjuez, 3d June 1803. Upon a former occasion I had pressed the Prince of Peace to an explicit declaration of the intentions of his court, upon the ground that, under the conditions of the 8th Art. of the Treaty of St. lldefonso, the hostility of Spain was so inseparably connected with that of France, that G. Brit, once engaged in a war with France, would be justified in commencing immediate hostilities against Spain. To this he replied, that it might appear so; but that the execution of treaties must not be considered as absolutely indispensable, but dependent upon the circumstances of the times; and with some other expressions of the same kind, seemed to wish me to understand that be did not consider the present situation of things as admitting the execution of the treaty. Upon this occasion he took a new and very perplexed ground; 1st, he said he wished to know the grounds of the present dispute, whether it was to be considered as the continuation of the former war, as in that case Spain would not take any part; but that if it was a new war upon new grounds, she might in that case be forced to consider the treaty as obligatory; 'that it was necessary, therefore, upon this head to know the opinion of the other powers concerned in the Treaty of Amiens. He continued to say, that the King of Spain had
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not entered into the last war as the ally of France in virtue of that treaty. I quoted the last art. which is directed particularly against England, and which he seemed not to recollect; and seeing no end to th discussion at the time, I determined in my next conference to return to it. In my next interview, however, he anticipated me, and, on my first coming into the room, he said, "Well, it seems we are to have war." I said, that I hoped that by we, he did not mean Spain and England. He answered, No; that Spain was determined to preserve her neutrality. I replied, that if they were determined upon a neutrality, it only remained for us to know whether we agreed in our idea of neutrality, and whether they would consider the granting permission for the passage of French troops as included, in their definition of it. I added, that the means of guaranteeing and securing that neutrality must be concerted with G. Brit. Here he again declined entering into the discussion, and referred me to official communications with Mr. Cevauos. I accordingly prepared the inclosed note, which I confined purposely to the simple question of the interpretation of the Treaty of St. lldefonso.
Translation qflnclosure referred to in No* 2, dated Aranjuez, 3d June, 1803. Sir, The present situation of affairs, being of a nature to render an explanation between our two governments necessary, I find myself called upon to address myself directly to your excellency, not doubting, that, in consequence of the friendly sentiments which your excl. has already done me the honor to declare to me on the part of his Catholic majesty, I shall find in your exc.'s explanations the same frankness which I think it my duty to employ in those which I have the honor to submit to you.—The court of Spain being connected with France by a recent treaty, which renders it liable to be called upon for its co-operation by the simple requisition of that'power; your excl. will doubtless perceive, that the literal construction of, and formal adhesion to this stipulation would to identify Spain with France (at least with regard to its hostile relations) as to render a state of warfare with the latter sufficient to constitute Spain in a state of hostility with the power at war with France; would even authorize that power to consider in the first instance as an enemy, a power, whose hostile efforts, depending solely on the will of a declared enemy, would only war a convenient moment foraction.— Your excl. will do me the justice to believe, that I am far from reflecting on this idea

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with satisfaction, and that if I dwell upon it, it is solely in order to repeat to your excl. in a more formal manner, the assurances which I have already had the honor to make verbally; namely, that his majesty's govt. has no intention whatever of giving such a construction in the first instance to the art. of the Treaty of St. lldefonso, or to pursue a step founded upon the reasoning (in other respects just and conclusive), which I have just, pointed out. I would then endeavour to make your excl. Sensible, that, notwithstanding the just value I attach to the indirect declarations which your excl. has already made me, as to the amicable and pacific intentions of his Catholic majesty, nevertheless, in consideration of the existence of a recent and formal treaty, the stipulations of which are incompatible with the execution of the intentions which I have just quoted, it would be important and even necessary, that the Brit. govt. should receive from that of Spain a declaration, the formality and' authenticity of which should be capable of removing the distrust, which her ancient connexion and existing trea;ies with the enemy of G. Brit, might naturally inspire.—It only remains for rac to express to your excl. the anxious solicitude with which await your answer, and to repeat the assurances, &c. J. H. FRERE. To his Excl. Don Pedro Cevailos.
No. 3.—Dispatch from J. H. Frerc, Esq. to Ed. Hawkesbury, dated Madrid, 10th June 1803. My Lord, Having detained the messenger for some days, in expectation of the answer of M. Cevallos, I am at length enabled to forward it, though I apprehend it will appear as little satisfactory to your ldp. as it did to myself.—My first impression was to return an answer, pointing out the manner in which my question had been eluded, and repeating the statement of it in a clear and formal manner. Conceiving, however, that in the present state of things, a categorical answer, if extorted from Spain, would be less favorable than the evasive reply which I had. received, and which, even supposing their intentions to be friendly, might be the utmost which they would venture to hazard, without a more explicit opening on the part of his majesty's govt. am: apprehending it to be my duty, at any rate, to exhaust all the possible means of conciliation, I returned the enclosed answer, in which, as your ldp. will see, I take upon myself to put a favourable interpretation upon M. Cevallos' demand; and, as soon as I receive a copy of the official correspondence, I shall direct to him an explanation of the nature which he requires. I have the honor, &c. &c. J. H. FRERE.
First Inclosure in No. 3.—Translation of a Note from Don Pedro Cevallos to J. H. Prore, Esq. dated Aranjucz, 9th June 1803. Sir; I have received the note which you were pleased to address to me, dated the 3d inst. in which you insinuate the necessity which the present state of public affairs imposes upon your court, to require a solemn and authentic declaration of the intentions of this govt. with respect to the dispute between France and England.—In answer to this note, it is my duty to say, that hitherto the king, my master, is not informed of the differences between the F. and Brit, govts. otherwise than by the public papers, in winch it is asserted that the demands of G. Brit, are not conformable to the stipulations of the treaty of Amiens, and that France has not thought herself able to subscribe to them without the concurrence of Spain and Holland, as contracting parties, and of Austria, Russia, and Russia, as guarantees of that treaty: that in such circumstances, nothing would have been more conformable to the reciprocal relations resulting from a treaty; to the principles which constitute its force; and to the legal means of dissolving it; than that G. Brit, should have explained her wishes to the king, my master, in so far at least, as being a principal in the treaty of Amiens, he is concerned in the observance of the articles which compose it. And lastly, that his maj. being, as I have observed, in want of all official and authentic information upon the state of the negotiations, which is necessary for returning a proper answer upon the weighty question treated of in your note, he can take no resolution Without this indispensable information, which you may be able to furnish me, by asking of your govt. for that purpose, a relation of the progress and termination of the negotiation. I profit of this opportunity, &c. P. CEVALLOS.
(Second Inclosure in No. 3.)— Translation of a Nole from J. H. Frere, Esq. to Don Pedro cevallos, dated Madrid, 10th June, Sir; I lose no time in answering your excl.'s note of yesterday's date. In order not to importune your excl. by an idle and useless discussion, it had appeared to me necessary to propose to you a previous question, resulting from the existence of the public treaties between his Catholic maj. and the Fr. Republic; namely, to know whether his Catholic maj.'s govt, still considered itself as bound by the letter of the treaty of St. Hdefonso, and particularly by that of the 8th. art. the effect of which absolutely identifies the two govts. in the event of hostilities.— Notwithstanding the confidence with which his Britannic maj. would have submitted to

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his Catholic maj.'s equity, and to the discernment of his govt. so just a cause as that which involves him in the present hostilities, it would have appeared to me superfluous to lay before the court of Spain an explanation of his maj.'s motives, if indeed it was true that this court did not retain the right to demand a similar explanation from its ally, nor to act according to the decision which its own principles of justice might suggest; if, even in doing justice to the conduct of the Brit. govt. it should nevertheless feel itself obliged to take up arms in support of a cause which it had acknowledged to be unjust. — As it is impossible that these considerations can have escaped the penetration of your excl. it is with real satisfaction that I perceived, by your note, that the court of Spain expects some farther explanations on the nature of the discussions which have subsisted between England and France, before it could decide on the part which it should take in the war which has terminated them. I accept i: as a proof that Spain feels she still bas a free choice; and, as such, I stall not delay transmitting it to my govt. not doubting, but that as soon as it shall be informed of these dispositions of his Catholic maj. I shall be authorized to give him the most satisfactory explanations on the considerations which have determined his majesty again to take up arms against France, and which cannot make any alteration in the sincere desire with which he is animated to maintain and increase more and more the bonds of friendship and good understanding already established between the two countries. And if such instructions have not yet been transmitted to me, your excl. will feel, from what I have just mentioned, that this delay cannot be imputed, either to an unwillingness on his Brit, maj.'s part to concert with the court of Spain those measures, which he has never ceased to pursue, for the preservation of peace, or still less to a fear of not being able to justify in the eye of his Catholic maj. the decision which he found himself at last obliged to take. Your excl. will find the motive of it in the nature of the political relations of your court, and in the impossibility there existed of submitting to it discussions, in which its connexions with France did not permit k to have a voice, unless Spain should free herself from those laws she had imposed on herself, and should claim that right of free judgment, which a nation only loses with its independence. I avail myself, &c. J. H. FRERE.
NO. 4.—Dispatch from. J. H. Frere, Esq. to Ld. Hawkesbury, dated Madrid, 12th sept. 1803. My Lord, The inclosed note
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was sent in consequence of my being in-; formed that Gen. Bournonville bad obtained permission for about 1500 men, between sailors and artillery-men, to pass to Ferrol, to man the ships there. I can hardly flatter myself that my remonstrance will be attended to; but I thought it useful and necessary to enter a protest against a proceeding contrary to the principles of the neutrality hitherto professed by this govt, and which came so nearly within the scope of the instructions which I received from your ldp. I have the honour to be, J. H. FRERE.
(Translation of Inclosure in No. 4.)—Note film J. H. Frere, Esq. to Don Pedro Cetallos, dated 9th Sept. 1803. Sir; I have just received accounts, of the accuracy of which I cannot doubt, informing me of the preparations made by the Spanish govt. to facilitate the passage of a considerable body of marines and artillery-men destined to reinforce the French fleet now at Ferrol.—The instructions with which my court has furnished me for my conduct in the event of French troops entering the Spanish territory, are so clear and positive, and the present case is so analogous thereto, that I have little doubt of the light in which this proceeding will be looked upon by my govt. and at the same time that I hasten to communicate it to you, I must protest, in the most formal manner, against such a flagrant breach of the neutrality of Spain.—It would probably be superfluous, in this place, to attempt to do justice to the scrupulous respect which the officers of his Brit. maj. have shewn for the Spanish territory, since your excl. is already well convinced, that such is the intention of the govt. under which they serve. I cannot, however, refrain from quoting a recent instance, in which, during the heat of the pursuit, and even on the very point of capturing the prize, the English fleet respected the neutrality of the Spanish coast, and permitted an enemy's frigate to take refuge in the very port: whence by means of the succours which arrive there from France, she will put to sea for the purpose of combating that same fleet.—It has been the constant object of all my efforts, to cause this govt. to feel the real interest it has in-preserving the friendship and good understanding which subsists between the two crowns. His maj. has already proved to the whole world, by a moderation uuex-ampled, the high price which he attaches to this system, and which he wm continue to attach to it, as long as he shaft see any hope of a reciprocal disposition on the part of Spain; but I dare not believe that he will see with difference a conduct so little conformable

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to his own, or that he can acknowledge the neutrality of that power, whose ports shall have become, not the asylum, but the dock yards and arsenals of his enemy. I avail myself, &c. J. H. FRERE.
No. 5.—Extract of a dispatch front Lit. Havkeibury to J. H. Frere Esq. dated Downing Street, 24 th Nov. 1803. Your dispatches to No. 40. inclusive have been received, and laid before the king. I have great satisfaction in communicating to you his maj. entire approbation of the line of conduct which you have adopted, and the language which you have held in your different conversations with the Spanish ministers. In the uncertainty which appears yet to prevail, whether any treaty or convention has actually been concluded between Fr. and Spain, and what are the precise conditions of such treaty or convention, it is extremely difficult for me to give you any instructions which must not be dependent upon circumstances, of the particulars of which his maj. is not yet correctly informed.—The preservation of peace with Spain has, from the period of the commencement of the present war, been the constant object of his maj. policy; but the Spanish govt. must themselves feel, that this object can only be attained by their earnest endeavours to do every thing which depends upon them for the maintenance of a fair system of neutrality, and by their causing that neutrality to be respected by the other belligerent powers. When the question, therefore, occurs, how fat his maj. would consent that the Spanish govt. should purchase their neutrality by an advance of pecuniary succours to the Fr. govt. and would still regard them in the character of neutrals, this must be considered as, in some degree, depending on the amount of the succours so to be advanced, and likewise On the determination of the Span. Govt. to ensure, their neutrality in all other respects; for, at the time when his maj. might be disposed to disregard any small or temporary advance of money, if essential to the attainment of such an object, it would be impossible for him to consider a permanent advance to the extent of that stated by you, in any other light than as a subsidy to the Fr. govt. and as possibly the most effectual assistance which the Span. govt. could afford them for the prosecution of the war.—In the event of your being convinced that any arrangement of the nature alluded to by you has been concluded between thcSpa—nish at Fr. govts. or of your having reason to believe that such an arrangement, if not absolutely concluded, is likely to take place, you will conform yourself to the following instructions: 1st. you will protest against the measure, as a violation of neutrality on
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the part of Spain, and as consequently a justifiable cause of war on the part of his maj. 2nd. You will explain distinctly that his maj. can only be induced to abstain from immediate hostilities, in consequence of such a measure, upon the consideration that it is a temporary expedient from which the Spanish govt. arc determined to extricate themselves as soon as possible, and that his maj. must be at liberty to consider a perseverance in the system of furnishing succours to France, as, at any future period, when circumstances may render it necessary, a just cause of war. —3rd.His maj. expects that the Spanish govt. will persevere in their intention of refusing the admission of any Fr. troops into the Spanish territories:—4th. Any measures taken by the Spanish govt. towards naval preparation, must be considered, under the present circumstances, as objects of the greatest jealousy, and any attempt to furnish naval succours to France as an immediate cause of war. —,5th. His maj. has a right to expect, not only that tie ports of Spain should be open to the commerce of his subjects, but that his ships of war, and the ships of his subjects, shall receive the same treatment as those of his enemies.—These are the instructions which you will adopt for the regulation of your conduct. In the event of a Fr. army entering the Spanish territories, or of authentic information being received of any naval succours being in preparation for the purpose of affording assistance to his maj. enemies, you will consider your mission as at an end; and after the proper official communications, you will leave Madrid.—In the event of your being under the necessity of leaving Madrid, you will give previous notice to the commanders of his maj. forces in the mediterranean, at Gibraltar, at Lisbon, and off Ferrol, that they may procceed without delay to measures of hostility.
No. 6—Extract of a dispatch from J. H. Frere, Esq. to Ld. Hawlesbury, dated Madrid, 27th. Dec. 1803. The instructions which I had the honour of receiving from your ldp. by the messenger Basset, were received by me with the Highest gratitude for the gracious expressions of his maj. approbation of my conduct; and with no less satisfaction on account of the precise and detailed rules laid down for my guidance, and their fortunate adaptation to the state of things in this country-at the present juncture.—M. Cevallos had for some time answered all my representations with an air of so much satisfaction and superior information, that I was almost fearful that, in the warmth with which I had urged the several topics, which are pointed out in your ldp's dispatch, I

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might hare gone beyond the feeling of his maj.'s govt. —When I received your Idp's. dispatch, I made it the subject of a note to M. Cevallos as plain and short as the subject would admit, and almost entirely copied from your ldp's instructions.—On the following day I called upon M. Cevallos, and, in speaking on the subject of the note, observed to him that I trusted he would now do justice to the intentions which had dictated the language I had formerly held to him, when he saw its precise conformity with the instructions which I had received from my court. M. Cevallos went into a long dissertation upon neutrality, and a recapitulation of the sacrifices, as he called them, which the king of Spain had made to preserve a neutrality. I answered with the obvious arguments which I do not now repeat, as they are nearly the same as those contained in a note which I have since delivered, and which your ldp. will find enclosed. M. Cevallos answered, that his Catholic Maj. had done everything in his power to preserve a neutrality, and that if his endeavours failed it would not be his fault, but that of his maj's govt. who would be responsible in the eyes of Europe. To this I replied, that Europe would certainly judge which of the two govts. was in the right, and that I conceived, that G. Brit, had little to apprehend from such a judgment; and that what he called a neutrality, was in fact a subsidy, which the French would, whenever they pleased, convert into active co-operation, by making a passage through this country into Portugal; an event which the late convention did not provide against, and which they knew, and had been repeatedly warned, that England would consider as a breach of neutrality on the part of Spain.—After closing this part of the subject M. Cevallos questioned me in return, and desired me to tell him positively, whether the affording the pecuniary succours to France would be considered as a ground of war, and whether I was authorized to declare it? to this i answered distinctly that I was; and that a war would be the infallible consequence. In that case, said he, his Maj. is bound by solemn treaties, which he cannot depart from; but if the pecuniary succours are themselves thought a motive for war by G. Brit, the ground of our engagement is altered. I answered, that it was not the wish of England to crush Spun, and still less to crush her in favour of France; that it could answer no purpose that Spain should exhaust herself by first furnishing a subsidy and afterwards a contingent; and that if he wished therefore to have a clearer and more distinct declaration than that contained in my note of the
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day before, I would give it him. He said he thought that was unnecessary, that the note was strong enough.
(Translation of first inclosure in No. 6.) Note from J. H. Frere Esq. to D. P. Cevallos, dated, Escuriol, 18th Dec. 1803—Sir, I obey the orders which I have just received from my court, by transmitting to your excl. in an authentic shape, the declarations which have frequently had the honour of making verbally, and in a manner less positive and precise.—Since the commencement of hostilities, his Maj. has never ceased to consider the preservation of good understanding with Spain as a principal object of his political views. This court, indeed, has never refused to acknowledge the justice of his maj.'s intentions and good will towards it. But it is equally manifest, and the court of Spain itself cannot but admit it, that the effect of this good will, and of these intentions, must depend upon that of the efforts which Spain is bound to make on her side; in the first place, to maintain a system of absolute neutrality, and, secondly, to cause it to be respected by the other belligerent powers.—With regard to the former, his maj. is perfectly sensible of the difficulties of the situation in which Spain is placed, as well by reason of her ancient ties with France, as on account of the character and habitual conduct of that power, and of her chief. This consideration would induce him to act with forbearance to a certain degree, and particularly to overlook such pecuniary sacrifices, as should not be of sufficient magnitude to force attention on account of their political effects. But it is expressly enjoined me to declare to your excl. that pecuniary advances, such as are stipulated in the convention recently concluded with France, cannot be considered by the Brit. govt. but as a war subsidy; a succour the most efficacious, the best adapted to the wants and to the situation of the enemy, the most prejudicial to the interests of his Brit, maj.'s subjects, and the most dangerous for his dominions; in fine, more than equivalent to every other species of aggression.—Notwithstanding his personal sentiments, imperious necessity, and that first duty which compels a prince to consider, above and before all things, the nation whose interests are committed to his care, have prescribed to his maj. that conduct from which he cannot depart.—With regard to the 2nd art. that of causing this neutrality robe respected by the other belligerent powers, it appears superfluous to repeat to your excl. the declarations which I have already made on the subject of Portugal; nevertheless, since this object is again pointed out in. my last instructions, I cannot refrain from re-

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peating to your excl. the declaration, that the passage of Er. troops through the territories of Spain would be considered as a violation of her neutrality, and that his maj. would find himself compelled to have recourse to the most decisive measures, in consequence of such an event. Such, sir, is an abridgment of the instructions which I have just received from my court, and which I communicate nearly in the same terms. There arc others, of inferior importance, upon which I shall have the honour to converse with you in the conference of to-morrow.—Whilst I attach the utmost importance to these interesting subjects, it affords me much satisfaction to think that your excl. will at length be persuaded that I have been far from exceeding the views and sentiments of my govt. in the declarations which I have formerly made, and that the advice which I have thought it right, in consequence, to suggest, has been founded upon ideas sufficiently correct, and inspired by the sincerest desire of perpetuating the continuance of harmony and good understanding between the two countries. I have the honor, & c. J. H. FRERE.
(Second Inclosure in No. 6.)—Translation of a Note from Don Pedro Cevallas to J. H. Frere, Esq. dated Escurial, l6th Dec. 1803. Sir; As soon as the war began between France and England, Spain was required by the former power to furnish the defensive succours stipulated by the treaty of 1796, the execution of which, in as much as if is a consequence of engagements previously contracted by Spain, and a fresh proof of the king's good faith, presents in no degree an obstacle to the continuance of friendship and good understanding with G. Britain, with whom his maj. has endeavoured to maintain them by every means of conciliation, G. Brit, corresponding to the same object, by punishing the privateers who transgress the law of neutrality, according to repeated official accounts, and chiefly those of the 29th Nov. a later date than the expedition of the courier who has given rise to the note which you have just sent me.— Although the Spanish cabinet is penetrated with the maxim, that the idea of aiding France is compatible with that of neutrality towards England, his maj. has thought that he could better maintain these two objects by a method, which, without being disagreeable to France, strips her neutrality towards G. Brit, of that hostile exterior which military succours necesarily present, which sometimes, in spite of friendly protestations, leads the minds of neutral sovereigns to mistrust, to the hazard of the wished-for peace. Such have been the king's political views in
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agreeing to a treaty of subsidy to France, equivalent to the military succour. Neither before nor since this treaty has the Spanish govt. omitted any of those means which lead to the preservation of good understanding with G. Britain, as is proved to you by the imprisonment inflicted upon the Spaniard who dared to insult the British flag.—Tbe British cabinet in its conferences with the Spanish minister, has not considered that Spain violated her neutrality by the act of assisting France with the military succour stipulated for her defence.—The pecuniary aid substituted in its place, besides that it carries no hostile appearance, neither compromises the good understanding of those who are neuter, nor gives to France such ready and expeditious means of hostility against G. Brit.—The king has employed his offices with the French govt. to avoid the entry of her troops into Spain, and to calm the apprehensions of the court of Portugal, obtaining from the first consul that this point should become an object of negotiation between the two governments, and his maj. offering to co-operate with his good offices for the conclusion of a treaty which is to shelter the kingdom of Portugal from any attack; the favourable effects of which that monarchy has already begun to feel, and it is in her power to derive from it all the advantage which site desires.—In this situation of things I receive your note, which represents that Spain, in having substituted pecuniary supplies for her defensive engagements, has displeased the English cabinet in a degree the most unexpected, under pretext that they exceed her engagements; whereas to represent them under this point of view, it would be necessary to know their amount, which is not known; or knowing it, to compare it with the expence of furnishing the defensive succours due to France.—This comparative statement of what has been hitherto executed by Spain, and the contents of your note, and what is more the contradiction which there is between the equitable and conciliatory conduct of G. Brit, in sentencing to punishment the privateers who have violated the Spanish flag, according to the accounts of the 29th Nov. and the alarming expressions in which your note of the 13th inst. is conceived, obliges the Spanish cabinet to require of you more clear and decisive explanations of the ideas of your cabinet, which I hope you will be pleased to communicate to me with the dispatch which their importance demands.
PEDRO CEVALLOS.
(Translation of the Third Inclosure in No. 6)—Note from J. H. Frere, Esq. to D. P.

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Cerallos, dated Madrid, 26th Dec. 1803.— Sir; I comply with your excl.'s request, in communicating to you the explicit and decisive explanations of the ideas of my cabinet, mentioned in my note of the 13th inst. They are nearly the same with those which I had the honor verbally to address to you in our conference on this subject. Your excl. then remarked, and the same observation again occurs in your note of the l6th inst. that the furnishing the succours stipulated by the treaty of 1796, being but a consequence of engagements previously contracted, is in fact only a fresh proof of the good faith of his catholic maj. and can in no wise be prejudicial to the continuance of good harmony with his Brit, maj.—I confess to your excl. that without having too favorable an opinion of my own abilities, I could not nevertheless help feeling a degree of humiliation, on seeing that a person, whose judgment I infinitely respected, set so little a value on mine; and that he thought he might hazard with me a sophism, from which, if the gravity of the subject could allow of it, it would not be difficult to draw the most absurd consequences.—In fact, it remains to be known, whether a power can acquire the right of attacking another, and at the same time impose on her the obligation to abstain from every species of reprisals. It cannot surely be necessary seriously to discuss a similar question: it suffices simply to say, that such a right cannot exist; that nature and common sense reject it; that all political combinations are inadequate to bestow it; and that most certainly no nation can acquire it by an act of its own judgment, such as the signature of a treaty concluded voluntarily, and without necessity.—But, it may be asked, should not the stipulations of a treaty be complied with? I do not examine, if in the present case the stipulations of the treaty, which binds Spain to France, have not been annulled by reiterated acts of this very power. It may be granted that this treaty is of the utmost validity; it may even be admitted that it is most strictly obligatory; and that the Spanish govt. is bound to execute most scrupulously all its articles; but after all these concessions, it remains for me on the other hand to remark, that this obligation is absolutely foreign to G. Brit, and that its govt. is not bound to respect the execution of a treaty, to which it has been far from contributing, which has been made without its knowledge, against its consent, and even in opposition to its power. An individual who yesterday was free, enters to-day a volunteer, to-morrow he receives orders to
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march to the attack of a place; his honor and his engagement oblige him to fulfil his duty; but he would be in the wrong to suppose that this obligation ought to be respected by the besieged, or that it will protect him against the natural consequences of a vigorous resistance. If in fact any misfortune should befal him, he ought to consider it solely as the consequence of the engagement he had entered into—The same reason applies to the substitution of pecuniary subsidies, and still more strongly, if these subsidies, by their amount, of by the effect of other circumstances, become more than an equivalent for the stipulated contingent; but in the present case, France has shewn a marked eagerness to obtain this substitution; the court of England has lately declared, in a formal manner, that it considers such a substitution as more prejudicial than would be the supplying the contingent itself. These two govts. are assuredly the best and only judges of what is conducive to their respective interests: and their opinions, so unequivocally declared, render it unnecessary for me to reply to your excl.'s arguments. There still remains one remark more to be made on this subject; and your excl. will the more readily pardon me, as it may in some degree be considered as necessary to my personal justification. When your excl. expresses to me the surprize which the declaration I made on the 13th of this month had caused, you will allow me to call to your recollection, that this declaration merely contained the formal expression of the same ideas and of the same language which I had held on every occasion when I had the honor of speaking to you on the subject of the enormous subsidies lately demanded by France. It was perhaps natural, that your excl. should at that time have referred to other information, rather than to verbal assurances on my part. I certainly regret it; but neither my govt. nor myself can be responsible for it. With respect to that part of your excl.'s note, which says, that the Brit, cabinet, in its conferences with the Spanish minister, was not of opinion that Spain infringed its neutrality by affording the stipulated succours, it appears to me no easy task to understand clearly the precise force of the expression made use of by your excl. in the original; but if I am to understand it, as alluding to any declaration whatever on this subject on the part of his maj.'s ministers, I will venture to take upon myself, under the most formal responsibility, to deny the existence of such a declaration.—Net to omit any thing on the several points con-

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tained in your excl.'s note, it will be necessary to say a word on the subject of Portugal. At the very commencement of hostilities, I obeyed the orders of my court, by declaring both to your exc. and to mon signeur the prince of peace, that his maj. in pursuance of his alliance with the court of Portugal, found himself obliged to consider the non-passage of the French troops through the Spanish territories as indispensable to the maintenance of the neutrality of that court. It appears then, that in a convention, the ostensible and acknowledged design of which were to secure the tranquillity of Spain, it would have been natural to introduce an article that might secure her against a similar infraction of her neutrality; it being manifest, that such an infraction would determine the Brit. govt. no longer to consider Spain as a neutral power. On the contrary it appears, that the treaty contains only one art by which Spain engages herself to interpose her good offices with Portugal, in order to prevail upon her also to furnish France with a subsidy against her own ally. I have just stated to your excl. the sentiments of my court on the granting of these subsidies by Spain, in reply to your excl.'s arguments, which dwelt solely upon the existence of prior treaties. It may therefore be permitted me to remind your excl. that Portugal is bound by prior treaties to furnish succours to England. That Portugal has no neutrality to purchase: That if Portugal is to conform to the system adopted by Spain, that is to say, the substitution of pecuniary succours for a contingent, these succours are due to England. If, on the contrary, her neutrality is to be purchased by furnishing succours to the enemy of her ally, as is now proposed to Portugal to do, it would thence result that Spain should likewise furnish succours to England, and not to France; if Spain should reject such a demand as an insult, the ought not to endeavour to induce Portugal to submit to it. Two opposite principles can never be admitted in two cases precisely similar. Let not insinuations, founded on a pretended disparity between the forces of the two Belligerent powers, be put in opposition to this just and natural consequence! Such considerations have not been admitted by England. She has, by a Solemn defiance, proved the falsehood of the vain and groundless assertion, that England was unable to cope single-handed with France. She has given this defiance. She will maintain it, or she will fall gloriously. Never will she admit the idea of an humiliating inferiority, either as the basis of her own conduct, or of her relations with foreign
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powers. Too well I know the respect which is due to a great and powerful monarchy, to dwell upon injurious comparisons, especially in an official and permanent form: But your excl. will doubtless recollect the observations which I have verbally made to you respecting the relative situations of Portugal and Spain, with regard to France and England. If I do not think it proper to repeat them on this occasion, I can assure your excl. that I am far from concealing them, or from apprehending that they can be disavowed by my govt.—It appears to me, that the above statement will answer your excl.'s ideas: but I cannot close it without affording myself the satisfaction of rendering justice to the upright and friendly intentions of his Catholic maj. manifested on several occasions, and almost uniformly in your excl.'s language and conduct.— Your excl. has likewise afforded the same testimony in favour of the principles and conduct of his Brit, maj.'s govt. Such is, unfortunately, the temper of mankind, that rivalry and hatred are not the sole motives which give rise to hostilities. Doubtless, had a national hatred, or an opposition of interests been necessary, one might have expected an uninterrupted continuance of that harmony, which is so perfectly suitable to the habits and interests of the two nations. In all cases, and under all circumstances, his maj. will be very far from laying any thing to the charge of his Catholic maj.'s wishes, or of the intentions of his govt. He will attribute it to a fatal combination of circumstances, and to the consequence of the unfortunate engagements which have reunited a friendly power to his natural enemy. I am, & c. J. H. FRERE.
No. 7.—Extract of a Dispatch from J. H. Frere, Esq. to Ld. Hawkesbury, dated Madrid, 27th Dec. 1803. The reports which reach us here from other quarters, have determined me to confine myself to the strong protestation contained in the note inclosed in my former dispatch, and for the rest to watch their conduct, contenting; myself with reporting to your Idp. unless circumstances should arise which would render my further forbearance incompatible with the observance of your Idp.'s instructions. Since this time I have learnt that this govt. have already advanced to France the 8 millions of livres, and that they are on the point of furnishing a further sum of 4 millions. Besides this, the recruiting for the army, which had been going on briskly, has been stopped, or at least suffered to stop of itself; while a greater activity prevails in

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the marine department—Though I conceived it. my duty to make a strong remonstrance upon this head, and even to stake my continuance here, agreeably to your Idp.'s instructions, upon the absolute cessation of these naval armaments.
J. H. FRERE.
No. 8.—Dispatch from J. H. Frere, Esq. to Ld. Hawkesbury, dated Madrid, 27th. Dec. 1803. My Lord, under the circumstances mentioned in my dispatch of this date, I have thought it my duty to write to Ld. Nelson and to Sir E. Pellew, and likewise to his maj.'s consuls and proconsuls, advising them, that the situation of affairs between the two courts was such, as to justify the apprehension of an approaching rupture. I have the honor to be, your lordship's, & c J. H. FRERE.
No. 9—Extract of a Dispatch from Id. Hawkesbury to J. H. Frere, Esq. dated 21st Jan. 1804. Your dispatches, to No. 54. inclusive, have been received and laid before the King. His maj. feels additional reasons (conformably to the system of policy which he has already laid down) for endeavouring to preserve the relations of peace with Spain as long as is compatible with his honour, and a due attention to the essential interests of his dominions. The information, however, contained in your last dispatches is not sufficient to enable his maj. to decide how far it may be possible for him to extend his forbearance. The pecuniary succours to be afforded by Spain to France unquestionably furnish in themselves a justifiable cause of war; but considering the light in which they were explained on a former occasion, his maj. is unwilling to proceed to extremities under the present circumstances, on this measure alone, provided, he can obtain a satisfactory explanation on other points, and that he can be convinced of the sincere intention of the Spanish govt. to cause their neutrality to be respected in every other particular. His maj.'s final decision, however, on this point, must depend on circumstances, of which he has, not at present sufficient information to enable him to form his judgment. 1st, What, is the purport of the other stipulations contained in the treaty between the King of Spain and the French govt.? Whether any obligations are imposed by them on his Catholic maj. inconsistent with the rights or just pretensions of this country? 2d, What are the extent and amount of the naval preparations in the ports of Spain, and what are the explanations given of those preparations by the Spanish govt.? His maj. cer-
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tainly has a clear right to demand the fullest explanation on both these points, before he can be expected to answer the question of M. Cevallos, Whether the pecuniary succours afforded by Spain to France will be made by his maj. the ground of war? You will therefore state to the Spanish govt. that his maj. conceives he has a right, before they can claim any forbearance at his hands, to a full and entire communication in confidence of all the engagements subsisting between the Spanish govt. and that of France (particularly of the whole of the treaty recently concluded), and of the principles upon which the Spanish govt. intends to regulate its conduct, as well with respect to armaments, as in all other particulars; that when the whole case is laid before his maj. he will be enabled to determine what conduct it may be proper for him to adopt; but that it cannot possibly be expected that his maj. should acquiesce in one stipulation of a treaty, and that of a nature highly injurious to his interests, and submit at the same time to remain in complete ignorance of all the other stipulations it contains; that the circumstance of armaments in the ports of Spain cannot but afford to his maj. very serious ground of jealousy, and the greatest suspicion that the Spanish govt. has in its contemplation some ulterior projects of hostility against his dominions; that an unreserved confidence on the part of the govt. of Spain will not fail to be met by a reciprocal conduct on the part of his maj.; and that whatever maybe the issue of the present discussions, neither party will be in danger, by these means, of being hurried into hostilities from a misconception of the views, intentions, and engagements of the other.—I cannot too strongly recommend to you to avoid bringing these discussions to a sudden and unfavourable issue, except in the two cases stated in your former instructions, viz. the entrance of a French army into Spain, or authentic information of a naval armament being in such forward preparation, for the purpose of supporting the views of France, or for other purposes hostile to this country, as may speedily require the exertions of his maj.'s forces.
No. 10.—Extract of a Dispatch from J. H. Frere, Esq. to Lord Hawkesbury, dated Madrid, 3d March, 1804. I have endeavoured to keep up such a tone, as may enable his maj.'s govt. to take whatever steps may be thought necessary or expedient, without being exposed to the reproach of abrupt or violent conduct, or of the infraction of any engagement, either direcly sti-

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pulated, or which might be contended to have been implied by a tacit and continued acquiescence; in short, without losing any thing of that evident justice, which all Europe would have recognized and admitted, if the first stipulation of subsidy to France had been considered and acted upon as a ground for immediate hostilities. Being well aware how much the justice of such a case may suffer in appearance by delay, and by continued forbearance, I have endeavoured, in my correspondence with M. Cevallos, not only to show the perfect fairness of the pretensions of his maj.'s govt. but to avoid any thing like an admission of the pretended neutrality of this court; and without pushing matters to extremity on the one hand, or on the other, attempting to settle and trace out the present relations of the two countries. This system is rendered still more necessary, by the impossibility of obtaining from Spain any substantial pledge for her future conduct; so long, at least, as she continues to follow the same system of subordination to France. The consequence, therefore, of any explanation or understanding between the two courts, would be only to bind his maj.'s govt. gratuitously, while Spain would remain in her present state as long as the French govt. might find it convenient, and would afterwards, without shame or hesitation, plead necessity as a sufficient excuse for any violation of faith which her ally might think proper to dictate.—it will be proper to mention to your Idp. a circumstance, which shews the importance of attending to the first consideration which I mentioned, namely, that of the entire subordination of this country to France under its present system. When, in conformity to your Idp.'s instructions, I applied for a communication of the treaty, it was replied, that it was impossible; that when it was first made, the necessity of making such a communication to the Brit. govt. had been insisted upon, but that Gen. Bournonville had positively overruled this proposal. In the course of the same conversation, when I insisted strongly upon the two points of the cessation of naval armaments, and the sale of prizes, in answer to what I said upon the Litter point, it was said, "Well, we must tell the French that you will not put up with it, and that it cannot be." These expressions so strongly mark, both the value which the French attach to the continuance of the present state of things with respect to Spain, and the perfect dominion which they exercise over this govt. that I cannot but conceive that, even if they stood alone, they would be a
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sufficient proof of the instability of any engagement with this court, and of the disadvantage which his maj.'s govt. would be exposed to by being bound to an arrangement, which the French certainly consider as, in a high degree, favourable to their own interests, and which they will find no difficulty in violating, whenever in their opinion it ceases to be so.—Of the notes, copies of which are inclosed, No. I, was written upon a report which reached me of orders having been sent down, and of great activity prevailing in the ports, which I thought it my duty to take notice of in pretty strong terms. M. Cevallos' reply is, as your Idp. will observe, in the same style, and in his note he does not dissemble, that the preparations are made, with a view to vindicate and assert their present pretended system of neutrality. This note appeared to me, both from its substance and tone, too much like a defiance, and so impossible to be passed over, that I conceived it my duty to return a very decided and peremptory reply; in which, at the same time, I took an opportunity of stating, as clearly as I was able, the evident justice of the demand which I was charged to make on the part of his maj.'s govt, concluding with a positive intimation of the immediate bad consequences which would ensue in case of a negative or unsatisfactory answer. The answer from M. Cevallos is, as your Idp. will perceive, very different, in tone, though in fact conceding very little, and perfectly nugatory and trifling upon the two important points, of a cessation of naval preparations, and the sale of prizes, and concluding by desiring an explanation of the intentions and views of England with respect to the present situation of Spain. In my answer, which I have framed in a correspondent tone of moderation, I avoid taking any notice of this question, and insist upon the difference between the concessions of the Spanish govt. on the other points, and the demands of his maj. and argue them at some length, concluding with a repetition of the same intimations of the dangerous consequences to be apprehended from a perseverance in the present measures.
(Translation of First Inclosure in No. 10.)—Note from J. H. Frere, Esq. to D. P. Cevallos, dated Madrid, Jan. 2, 1804. Sir, some time has elapsed since your excl.'s promises, and the accounts I received from the ports had removed my uneasiness on the subject of the naval armaments, and even afforded the belief that their speedy cessation would remove every cause of distrust on that head. It would be superfluous to

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point out to your excl. the circumstances which positively prove to his Brit, maj.'s minister, that these armaments can have no other object than that of hostilities against the king his master, or that still more offensive one of wishing to support by a menacing attitude the system of subsidies; a system which bas been already pursued, notwithstanding the remonstrances of his Brit. maj. wherein it is formally declared that this system is more injurious than even supplying a war contingent.—It is sometimes possible to overlook an injustice; but your excl. too well knows that an injustice, supported by a demonstration of force, becomes an insult, and consequently imposes on that power, who is the object of it, the necessity of demanding satisfaction.—I hope, therefore, that your excl. will enable me to make a satisfactory report to my court, and that you will spare me the unpleasant task of announcing to you the very decisive measures which, in the contrary case, I am ordered to adopt. I am, & c. J. H. FRERE.
(Second Inclosure in No. 10)—Note from D. P. Cevallos to J. Frere, Esq. dated Aranjuez, 13th Jan. 1804. Sir, I have received the note which you were pleased to transmit to me on the 2d inst. requiring satisfaction ii | on the naval armaments which it states are making in the ports of Spain, which can have no other object than that of hostility to G. Brit, and of supporting a system of subsidy, which you assert has been adopted by this govt. notwithstanding the protests of his Brit. maj. wherein it has been formelly declared, that such a system is held to be more injurious than the supplying a war Contingent.—In answer to the above note, I must state to you, that the ideas of this courr with respect to that of London, are as pacific as I have declared them to be in all the official communications in which I have mentioned them; that the whole conduct of the Spanish govt. is consonant with these ideas; that the most convincing proof of her not wishing to alter them, is the treaty of subsidy concluded with France, for the sake of avoiding any hostile attitude towards G. Britain; that the ships of war which are armed in the arsenals, were already so at the time of concluding the treaty of neutrality; and that as long as the official communications, of the Brit. govt. are conceived in terms calculated to inspire apprehensions that the designs of G. Brit, are not conformable to those of Spain, prudence, policy, and decorum, will require from the latter the employment of those precautions which in so many respects she owes to herself.
PEDRO CEVALLOS.
(Translation of third inclosure in No. 10.)—Note from J. H. Frere, Esq. to D. P. Cevallos, dated 24th Jan. 1804. Sir, After having very deeply reflected on the subject of your excl.'s note of the 13th inst. I find myself at last under the necessity of coming to a clear and explicit explanation.—In my note of the 13th of last month, I declared to your excl. by order of my govt. that the supply of pecuniary succours, such as had been stipulated by the treaty recently concluded with France, was considered by his maj. as the kind of succours the most efficacious and best adapted to the wants of the enemy, the most prejudicial to the interests of his Brit, maj. subjects, and the most dangerous to his dominions; in short, more than equivalent to every species of aggression—I again repeated the same declaration, supported by arguments in detail in another note, dated the 26th, to which your excl. has not thought proper to reply. Indeed, it was not of a nature to require an answer. G. Brit, there declared, that she saw in the conduct of the court of Spain a just motive for war; she makes no reproaches, she demands no satisfaction, she confines herself to a declaration of the wrongs she has suffered; and were she compelled to commence hostilities, she would need no other declaration than that which has already been made. Nevertheless, it is pointed out in this declaration itself, and your excl. cannot be ignorant, that his Brit. maj. was by no means disposed to precipitate this crisis, to which it appears that we are now approaching with hasty strides—His Brit. maj. fully persuaded that this truly hostile conduct of the court of Spain was by no means in union with the principles and intentions of his Catholic maj. was desirous of listening to every admissible arrangement, in order to prolong for an indefinite term the suspension of hostilities, in the reasonable hope that the fluctuating state of the continent might at last be settled in such a manner as to secure the tranquillity of Spain, and to afford her the means of extricating herself from that situation which your excl. is pleased to term neutrality, in order to place herself in a state of real and respectable neutrality.—This conduct is the most convincing proof of the value which England attaches to the friendship of Spain, and of the interest which she takes in its independence. In every other view such forbearance would be absolutely inexplicable.—His Brit. maj. however, cannot avoid insisting upon conditions founded in justice and in reason, and which are very far from, being equivalent to the advantages which Spain derives from the inaction of the British

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forces. Indeed, it does not appear just, that Spain should take advantage of the good dispositions of England, to carry on against her a twofold warfare: the 1st, the most prejudicial of any, by furnishing pecuniary succours to the enemy; and the 2nd, by admitting the enemy into its ports upon a more favourable footing, by permitting the sale of prizes made by their privateers, and by encouraging the fitting of them out; and, in fine, by shewing them, on all occasions, a decided preference. Another condition, not less equitable, is that of the suspension of all farther armin a-in the ports of this kingdom. In every case wherein hostilities are suspended between two powers, it is invariably agreed, that they should remain in statu quo relative to their military preparations. As to England, she is neither in the intention, nor under the necessity, of increasing her's; all her preparations have long since been completed: the peninsula is closely blockaded by her squadrons, whose commanders wait only orders for acting.—I have thus, sir, without reserve, laid before you the ideas of my govt. on the actual relative situation of the two countries, as well as on the principles resulting therefrom, and on the indisputable pretensions founded upon those principles. These pretensions extend to two objects; namely, the cessation of all naval armaments, and a perfect equality in the treatment shewn to the vessels and subjects of his Brit. maj. and to those of the enemy. I must likewise inform your excl. that, in proposing the above conditions, I communicate the ultimate resolution of my govt. with the certainty that a negative or unsatisfactory answer would immediately produce the consequences which I have so long endeavoured to avert. J. H. FRERE.
(Fourth inclosure in No. 10.)—Note from D. P. Cevallos to J. H. Frere, Esq. dated Aranjucz, 27th Jan. 1804.—Sir, I have received three notes from you, dated the 23d and 24th inst. and having given account of their contents to the king, my master, I have the honour to reply to you hi the following terms: you complain that, notwithstanding our colonial system, a French privateer has received shelter in the bay of Cumana, and been permitted to sell an English vessel captured in the gulf of Paria. Although our legislation does not permit foreign ships to enter the ports of our colonies, there are certain cases, recommended by humanity and natural right, which form many exceptions to that general rule. The French privateer sheltered in Cumana will probably have found herself in some such situation; and in order to examine into the affair, and to take
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such measures as may be suitable to the result, his maj. has commanded me to transmit the strictest orders to the minister of war, —The purchase of prizes brought into neutral ports has never been looked upon as an act of hostility, or infraction of neutrality, but as a lawful speculation of the commerce of neutral nations.—The king, my master, has recognized the justice with which you claim that his Brit. maj. subjects should be treated throughout Spain with the same consideration as French citizens; and, since the date of the treaty of neutrality with France, has given the strictest orders to avoid every predilection, which can appear in the least degree inconsistent with our system of strict neutrality.— As soon as his maj. had notice by his minister in London of the occurrences which have taken place in the island of Teneriffe, which form the subject of the note which you were pleased to send me on the 24th, without waiting for the complaint contained in that note, he commanded me to transmit an order to the governor of the said island, to give satisfaction as to the charges, and information upon the acts which are attributed to him. These orders are now repeated, accompanied by the deposition of two subjects of his Brit. maj. which you are pleased to transmit to me, in order that the governor's justification may correspond to each of the subjects of complaint.—You judge, with your known prudence and discretion, that these abuses, if they exist, cannot originate in orders issued by the Spanish govt. and you do it the justice to believe that it will punish them as soon as the result of its enquiries shall put it in a situation to shew its severity towards those who may have merited it.—You are pleased to transmit to me another note of the same date, in which you assure me that his Brit. maj, duly appreciating the principles and pacific intentions of the king, my master, has wished to lend himself to every admissible measure for the sake of prolonging the suspension of hostilities to an indefinite period; a suspension which, if indeed it is founded upon those data, will have no period, and will be as firm as are those principles which essentially constitute the policy of the king, my master.—Another subject of complaint is the permission to sell prizes in our ports. I have had the honor to say in answer to another note, that the purchase of prizes is an act of authorised commerce, free from all hostility, when the permission of selling is not confined to one of the belligerent powers, but common to both.—With regard to the complaint that the French ship? are received in our ports upon a more favour

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able footing, and that a decided preference is given to them, I have the honour to repeat to you, that the orders of the king, my master, are confined to an equality of protection, and the most strict neutrality.—Besides these conditions for the continuance of neutrality, you demand a suspension, on the part of Spain, of all further armament in the ports of this kingdom, founding your demand upon the identity of the principle, by which, when hostilities are suspended between two powers, they are fixed in statu quo with regard to their military preparations. The principles which hold good in a suspension of hostilities, cannot be applied to a case of neutrality, without infringing which, a power may arm, in order to be prepared for every event or even to preserve the neutrality which she desires.—The intentions of the Spanish govt. are very far removed from all hostility. His Brit. maj. could not do less than recognise the. pacific views of the king, my master; his maj. has given irresistible proofs that he does not desire to change them, both in the sacrifices which have been made to procure the neutrality of this kingdom, and a free and secure circulation for the commerce of his subjects; as well as in the prompt justice, which has been executed, before it was demanded, upon those of his subjects, who have forgotten the duties which the neutrality imposes.—These data being laid down, I do not find how it is possible that you should apprehend that Spain is occupying herself with further armaments, with which she may act in a sense contrary to her pacific system.—The official correspondence, by which you have endeavoured to maintain a good understanding, whilst it claims my acknowledgments, forms the glory and constitutes the essence of your mission; but you will agree with me, that your note abounds in phrases of a contradictory signification; some assure the continuation of a goad understanding between the two powers, at others breed apprehensions that it may be disturbed; and this collision of security and mistrust is a great impediment to the advantages which the king proposed to himself from his neutrality.—In order that they may be no longer thus embarrassed, I hope, sir, that, making a due estimate of the frankness, and precise and positive terms in which I have had the honor to declare to you the invariable system of the Spanish cabinet, you will in return declare to me in like terms, whether G. Brit, is, as I hope, determined to continue in a good understanding with Spain during the present war with France. I am, & c. & c.
P. CEVALLOS.
(Translation of fifth inclosure in No. 10.) —Note from J. H. Frere, Esq. to D. P. Cevallos, dated 18th Feb. 1604.—Sir, considerations, on which it is at present unnecessary, to dwell, have induced me to defer the execution of my instructions, as to the answer which I am to give to your excl.'s note of the 27th ult. The friendly form and the flattering personal expressions of this note, render it an infinitely painful duty to me to discharge, in representing to you the extreme difference which exists between the conditions proposed on the part of his Brit. maj. and those to which your excl. has thought it right to agree. I regret it the more, from the knowledge that these propositions form the ultimatum of my govt. and that the resolutions which it has taken in this respect are not susceptible of any alteration. In fine, sir, I should absolutely despair of seeing things remain longer in their present situation, if the Confidence with which the principles of his maj. and the discernment of your excl. inspire me, did not hold out to me the prospect, that an arrangement might possibly be made, in conformity with the demands of his Brit. maj. and with that justice upon which they are founded.—The naval armaments of Spain in the actual situation of affairs, cannot fail to excite apprehensions on the part of his Brit. maj. The question of Louisiana being now terminated, these armaments can only have England or France for their object. Whilst the discussions with the American states still existed, it might be supposed that these preparations were for an unavowed destination. Should they still continue, it would be no longer possible to attribute them to any other motive than that which your excl. announces, namely, a jealousy of the intentions of England, and a determination to maintain by force a state of things qualified by the name of neutrality, but to which the necessary conditions of neutrality are totally wanting. This pretension is not less injurious to the interests of England than offensive to its honour. There is another, consideration still more important. His maj. at the same time that he does justice to the dispositions of his Catholic maj. and to the intentions of his ministers, Cannot be blind to the influence which his enemies have obtained in this country, and the species of authority which they exercise in it. This consideration has been the motive of great forbearance on his Brit, maj.'s part, to which he would certainly not have condescended, had he imagined that the dispositions of the court of Spam were in unison wall its measures. But this same consi-

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deration must necessarily inspire his maj.'s ministers and counsellors with a just distrust of the future conduct of Spain. Your excl.'s assurances would certainly be a sufficient guarantee of the intentions and wishes of his Catholic maj: but unfortunately these cannot answer for the will of France, nor for the exercise of an influence which may be paramount to the former decisions of that court. It would therefore be proper, nay, an indispensable duty, on the part of the Brit. govt. to watch the armaments and the movements of the squadrons already equipped in the ports of this kingdom, by employing squadrons of equal force: I say, that the minister who should neglect such precautions, would render himself responsible to his country in the highest degree. Therefore, I entreat your excl. to consider what would necessarily be the relative situation of the two countries. Spain would furnish to France those pecuniary succours which are indispensable to her carrying on an active war against England. She would moreover oblige England to support a most burdensome defensive establishment, in order to watch the squadrons which she might have equipped in her ports. I demand of you, sir, if such a state of things is politically or morally admissible, and upon what pretence can be founded the desire that it should be tolerated by any govt.? Would not this consequence necessarily result from it, that the forces which should be employed to watch the ports of Spain, would at the same time receive a commission to act? If this consequence be inevitable, the Brit. govt. holds its conduct to be more just, more frank, nay, more amicable, in representing, in the first instance as immediate, a consequence, which, although certain, might perhaps appear less striking in a more distant prospect. It is for this reason, sir, that I am ordered to declare to you, that the system of forbearance on the part of England absolutely depends "on the cessation of every naval armament within the ports of this kingdom, and that I am expressly forbidden to prolong my residence here, if unfortunately this condition should be rejected.—There is likewise another condition equally essential and indispensable. The principle upon which G. Brit, has justly manifested the utmost jealousy, is the maintenance of the ancient maritime law, established for centuries, and universally acknowledged by all Christian states, until these latter days. The Fr. Repub. finding herself cramped by the superiority of her adversary, has endeavoured to remedy that inconvenience, by destroying
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the ancient code, the principles of which, since they authorised the advantages resulting from a superiority of force, would necessarily appear inimical to her. She has, in consequence, endeavoured to establish two principles; the first of which, by covering the effects of a belligerent power, under the safeguard of a neutral bottom, would secure to the weaker power an efficacious protection. This principle was capable of a cerain colouring of humanity and public good; since it had an immediate tendency to withdraw the property of individuals from the calamities of war, and to confine the effects of this scourge within a narrower compass. But respect for ancient usages and a more enlightened justice have prevailed, and this innovating principle has been generally rejected. France had also need of a principle of offensive war, equally favourable to the weaker power. She trusted she had found it, in the right which she arrogated to herself of condemning and of selling her prizes in neutral ports; but as this principle is very far from having the same advantages as the preceding one, since it extends without bounds the ravages of war and the losses of individuals, it was rejected and disclaimed, more promptly and in a more forma manner. One of the most respectable powers has felt that she was obliged, in justice and in honour, to give satisfaction for the wrongs which had been occasioned by the inconsiderate admission of this principle. This power is now herself prosecuting claims at this court, with the just confidence of being able to obtain a compensation, similar to that she thought it incumbent on her to grant. But Spain is the power of all others the most interested in the preservation of ancient principles. What, indeed, would be her situation with regard to those powers,, whilst she possesses no means whatever of attacking, if, in the event of war, the ports of Jamaica, of Trinidad, and of Gibraltar, were open to their privateers? Moreover, this usage necessarily produces an infinity of abuses. Privateers are frequently the property of neutral subjects, and manned with a neutral crew. Examples of this atrocious proceeding have been proved in several instances of captures of American vessels, and even recently privateers have been fitted out at Teneriffe and at Tarifa, which could not have been on account of French individuals, who were the ostensible proprietors. It is evident, that Spain, owing to her distant and extensive possessions, would be of all powers the most liable to become responsible for the abuses of her neutrality, in case

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this new principle was established. She would likewise be subjected, in the event of war, to be attacked by powers whose activity, happily for her, is restricted by ancient principles; nevertheless, she is the only one who thinks she has the right and the power to infringe them. I do not suppose that your excl. can flatter yourself, that G. Brit, having so tenaciously persisted in opposing the establishment of the first of these principles, can be disposed to admit the establishment of the second, infinitely more pernicious, more unreasonable, and which has already been rejected by every other power.—My orders on this head are equally-positive with those on the subject of the armaments. I communicate them to your excl. with that confidence which your wisdom and penetration inspire; but I must also explicitly declare, that I am not authorised to admit any modification; and that, if I am unable to obtain from your excl. the admission of these two conditions, namely, the cessation of all armaments, and orders to stop the sale of prizes brought into the ports of this kingdom, I am to consider all negotiation as at an end, and to think only of returning to my superiors, to render an account of my mission.
J. H. FRERE.
No. 11.—Extract of a Dispatch from J. H. Frere, Esq. to Ld. Hawkesbury, dated Madrid, 18th April, 1804.—I have the honor of enclosing the translation of a note from M. Cevallos, in which he informs me that his Catholic maj. consents to prohibit the sale of British prizes in the ports of his dominions. Your 1dp. will observe that M. Cevallos states it as having been demanded as a condition, under which the Brit. govt. would consent to recognize the neutrality of Spain, as being consistent with the performance of the engagements of their present treaty with France. As there is nothing in any note of mine which could be brought forward as a foundation for such a conclusion, and on the contrary it is particularly and expressly guarded against, I have not thought it worth while to enter any protest in answer to M. Cevallos' insinuation.
(Inclosure referred to in No. 11.)—Note from D. P. Cevallos to J. H. Frere, Esq. dated Aranjuez, 22d March, 1804.—Sir; To answer the note which you were pleased to transmit to me on the 18th Feb. last, upon various points relative to the neutrality of Spain in the actual occurrences of Europe between England and France, I have taken the time which the weight and importance of a subject requires, which is so interesting to the common happiness of the subjects of
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both sovereigns.—In the note above-mentioned, after proposing the points or basis upon which your court found the recognizance of our neutrality, and discussing wisely the consequences and advantages of each of them, you conclude with proposing definitively, by order of your govt. as the basis of this recognizance, the cessation of all armaments, and of the sale of prizes brought into the ports of this kingdom; of which definitive proposal you add, that you have no authority to admit of any modification.—As for the first point, or cessation of all armaments, I have nothing to add to what I have signified to you on several occasions, especially in my note of the 28th of Jan. last and the conduct of this cabinet in the present occurrences ought to dissipate even the most remote shadow of suspicion of a hostile disposition on the part of the king my master; and I am consequently persuaded upon this point, that the wishes and demands of his Brit. maj. are perfectly satisfied.—With regard to the cessation of the sale of prizes brought into the ports of Spain, although it was a demand susceptible of much difficulty, the pacific desires of his maj. have been able to surmount them; and you may assure your court, that according to its demand, the sale of the prizes of any of the belligerent powers brought into the ports of these kingdoms will not be permitted, his maj. having given the order and it will be rigorously observed. —His maj. hopes that as this prohibition is prejudicial to his interests and those of his subjects, the king of England will regard his compliance as the most efficacious proof of his desire to maintain the most perfect intelligence with his Brit. maj. and that an additional obligation is laid upon England, to observe towards Spain all the consideration which is due to the rectitude, good faith, generosity, and pacific views of the king my master. PEDRO CEVALLOS.
No. 12— Copy of a Letter from Ld. Harrowby to F. H. Frere Esq. dated Downing Street, 22d May, 18O4.—Sir; It being extremely desirable in the present state of the political relations between this country and Spain, that his maj.'s govt, should obtain the most accurate information with respect to the actual condition of the ports and arsenals of Spain, I have to signify to you the king's pleasure that you transmit to me a detailed statement in as far as it can be procured, not only of any warlike preparations which may be carrying on in any of those ports, and of the ships of war both in commission and in ordinary, but also of the state of the royal arsenals, and of the extent of the means existing in them to increase their present naval

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establishment. You will likewise instruct the consuls to endeavour to discover any measures which may have been adopted by the Spanish govt. for the purpose of obtaining supplies of naval stores, the amount of such supplies, the countries from which they are to be shipped, and the manner in which they are to be conveyed to the ports of Spain. With a reference to this subject, it is also important, that his maj.'s govt, should be furnished with an account of the specie imported into the ports of Spain in the course of the last year, and with an estimate of the probable amount of the shipments of the present year, as well as with information of the periods at which they may be expected to arrive in Europe.—lam, &c. HARROWBY.
No. 13.;—Copy of a Dispatch from J. H. Frere, Esq. to Ld. Harrowby, dated Madrid, 5th July 1804.—My Lord, I have to acknowledge the receipt of your Idp.'s dispatch, No. 1, of the 22d of May; and though there has not yet been time to satisfy the enquiries which your idp. directs me to make, yet your 1dp. will see from the tenor of my other letters of this date, that there can be Ho reason to apprehend that this court are disposed to renounce their present system of nominal neutrality; and I should apprehend that the Fr. govt, are as little disposed, for the sake of a momentary assistance, to exchange an useful tributary for a burdensome ally. The accounts which I receive from the ports do not indicate any preparation on the part of this govt, and M. Cevallos' language is in the same tone as before, speaking of the neutrality of this country as a thing settled and admitted^ and seeming to wish to lead me on to similar language. Thus when I thought it my duty to question him respecting the situation of the ports, saving that though I had no reason to believe that any preparations were going on, yet that I had learnt that some reports to that effect were in circulation, and that wished to be able to explain to my govt. the ground and origin of such reports, he replied, that they were wholly without foundation; that the Brit, govt. had insisted upon the non-armament as one of the conditions of neutrality; that he had informed me in an official note that Spain consented to desist from any further armament; that she had done so; and that every thing remained at this moment upon the same footing. I then questioned him upon the subject of M. Lebrun's mission, respecting which he did not seem disposed to give me any explanation.—The object of this mission still remains unknown, though from the circumstance of M. Lebrun's having visited the port of Ferrol in his way, and being him-
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self a naval officer, there can be little doubt of its being connected with some maritime project.—I have, &c. J. H. FRERE.
No. 14 —Copy of a Dispatch from B. Frere Esq. to Ld. Harrowby, dated Madrid, 29 th Aug. 1804.—My Lord; Having been informed by admiral Cochrane of the arrival of reinforcements through Spain to the Fr. fleet at Ferrol, I wrote to M. Cevajlos the note of which the inclosed is a copy; and after some days having received no answer, and having learnt positively from other quarters, the passage of such reinforcements through the Spanish territory, I made a second application to M. Cevallos upon the I subject. Me has as yet returned me no answer and I think it right not to wait any longer for his explanation, before I acquaint your 1dp. with the circumstance; more especially since there being no doubt of the fact complained of, no very satisfactory explanation can be expected.—I have the honor to be, &c.
B. FRERE.
(Translation of first Inclosure in No. 14.) —Note from B. Frere Esq. to D. P. Cesallos, dated 20th Aug. 1804.—Sir; The Capt. Gen. of Gallicia will not have failed to communicate to your excl. the representations which have been made to him by the commander in chief of his Brit, maj.'s Fleet stationed off Ferrol, with regard to the reinforcements of soldiers and sailors who traverse Spain, in order to reach the French squadron now in that port. Admiral Cochrane, on his side, has transmitted to me his correspondence; and although I should have desired to be enabled to verify with more precision what foundation there might be for these complaints, before I laid them officially before your excl. I have thought it more conformable to the dispositions of my govt. to endeavour to prevent, by remonstrances, which may be premature, an act so decidedly hostile to England, than to risk being under that still more painful necessity which the certainty of its having been performed would impose upon me. I will also confess to your excl. that the private information I possess on the passage of French soldiers from Malaga to Ferrol, has seemed to me to confirm the other accounts which have been given to adm. Cochrane. And it is possible that, as this govt. did not oppose this indirect violation of its territory, France may have been encouraged to try a still more open and flagrant one, by obtaining a passage through Spain for troops going from France itself, in order to reinforce its squadron at Ferrol.-—As the commander in chief, in communicating to me his correspondence with the capt. gen. of Galicia, informs me,

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that he at the same time transmitted it to his govt. I hope that your exel. will soon enable me to quiet the uneasiness which they must feel from the project in question, by giving me the assurance that efficacious measures have been taken to prevent its being carried into execution. B. FRERE.
(Translation of Second Inclosure in No. 14.)—Rote from B. Frere, Esq. to D. P. Cevallos, dated 27th Aug. 1804. Sir; I flatter myself, that your excl. will not blame my impatience to receive some satisfactory answer on the subject of my note of the 20th of this month. I have since that day received authentic accounts of the passage of several small detachments of Frenchmen going to Ferrol; and I believe that this circumstance is not at this moment unknown to his Catholic maj.'s govt.; but in any case, should they think propel to make inquiries into the fact, it would afford some satisfaction to me, to receive, in the mean while, your excl.'s assurance, that measures were already taken to put a stop to this abuse, of the continuance of which the Spanish govt. must henceforward charge itself with the consequences. B. FRERE.
No. 15.—Copy of a Dispatch from Ld. Harrowby to B. Frere, Esq. dated Dawning Street, 29th Sept. 18C4. Sir; Information has been received from rear adm. Cochrane, that orders have been given by the court of Madrid, for arming without loss of time at Ferrol 4 ships of the line, 2 frigates, and other smaller vessels; that similar orders have been given at Carthagena and Cadiz; and particularly that 3 first rate ships of the line are directed to sail from the last-mentioned port; and as an additional proof of hostile intentions, that orders have been given to the packets to arm as in time of war.—In consequence of this information, I am commanded to signify to you his maj.'s pleasure, that as soon as you receive this dispatch, you should request an audience of M. de Cevallos.—You will express to him the surprise and concern with which the intelligence of these unexpected and unjustifiable measures has been received in this country.—You will recal to the recollection of that minister, the grounds* upon which his maj. has hitherto forborne from considering Spain as an enemy. That nothing Could have induced him to continue this forbearance, but a sincere desire to avoid extending the calamities of war, and a willingness to confide in the assurances of the Spanish govt. that the payments made to France were only intended to gain time, until circumstances should enable them to adopt measures more consistent with their
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interests and their wishes. That his maj. had repeatedly required a communication of the engagements entered into with France, but had only received in answer to such demands an indefinite assurance, that whatever might be the amount of the payments to be made by Spain to France, they had been calculated with a reference to the expence of the military and naval succours stipulated by treaty. That no means had been afforded to his maj. of judging whether the payments were in fact only an equivalent for the succours, or whether they so far exceeded that amount as to make it impossible to consider Spain otherwise than as a principal in the war.—That his maj. therefore had been under the necessity of expressly reserving to himself the fall right of regulating his conduct towards Spain, according to the appearance of existing circumstances; but that the abstaining from all naval preparations on the part of that power had been distinctly declared to be one of the indispensable conditions annexed by his maj. to the continuance of his forbearance. —You will state to M. de Cevallos, that, after such declarations had been made, it would be difficult to suppose that any explanation could be given of the present naval preparations, which would render such a proceeding consistent with the neutrality which is professed; but it is manifestly impossible to consider it, unaccompanied as it has been by navy previous explanation, whatever, in any other light than as a menace, directly hostile, and imposing upon his maj. the duty of taking, without delay, every measure of precaution; and particularly of giving orders to his admiral, off the pore of Ferrol, to prevent any of the Spanish ships of war from sailing from diat port, or any additional ships of war from entering it. — The whole conduct of his maj. towards Spain has abundantly proved his earnest desire to carry that forbearance to the utmost limit which a due regard to the safety and interests of his people would admit: but he cannot depart from the declarations he has already made, nor allow Spain to enjoy all the advantages of neutrality, and, at the same time, to carry on against him a double war, by assisting his enemies with pecuniary succours, to which no limit is assigned; and by obliging him, at the same time, to divert a part of his naval force from acting against those enemies, in order to watch the armaments carried on in ports professing to be neutral.—You are, therefore, directed to require from the Spanish govt. the immediate recal of all orders for the naval armaments at Ferrol, Cadiz, and Carthagena, as well as for sending reinforcements from.

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some of those ports to others; and you will apprize M. de Cevallos, that, unless you receive a satisfactory answer without delay, you are ordered to quit Madrid. If positive and unequivocal assurances are given, not only that the present naval equipments shall be discontinued, but that the naval armaments in the ports of Spain shall be placed upon the same footing on which they were previously to the commencement of hostilities between G. Brit, and France, you will engage to transmit such assurances to his maj. and you will take upon yourself to answer for its being the intention of his maj. in case there appears sufficient reason to believe that they will be strictly fulfilled, to send a minister to Madrid, for the purpose of entering into an amicable discussion of all other points of difference.—It must, however, be distinctly understood, that no such discussion can be entered into, unless the court of Spain is prepared to give such an explanation of its engagements with France, and of the system which it intends to adopt, as may enable his maj. to ascertain the nature of the relations which are to subsist between himself and his Catholic maj.—If the answer given by M. de Cevallos should be negative or equivocal, you will demand your passports, and leave Madrid. I am, &c. Hakrowby.
No. 16—Extract of a Dispatch from Mr. Consul General Hunter to Ld. Harrowby, dated Madrid, 5th Oct. 1804.—I have the honour to inclose copies of the two following official letters which have passed on the subject of the naval armaments at Ferrol, viz. From Mr. B. Frere to D. P. Cevallos, dated 27th Sept. Answer by his excl. to Mr, Frere, dated 3d inst.
(Translation of first Inclosure in No. 16.)—Note from B. Frere, Esq. to D. P. Cevallos,. dated 27th Sept. 1804.—Sir; An indisposition, which still confines me to my bed, has prevented me from addressing your excl. sooner, on the subject of the naval armament which is carrying on at Ferrol. The total cessation of all preparations in the ports having been the principal condition required by England, and agreed to by Spain, as the price of the continuance of that system of forbearance which England has hitherto observed, the violation of this condition, against which I now protest, can be considered in no other light than as a hostile aggression on the part of Spain, and a defiance given to England.—It is in vain that I seek to interpret this precipitate measure in a manner more conformable to the wishes of ray govt. and less disastrous to the two nations. It
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becomes still more menacing, in consequence of a squadron of the enemy being in the port where it is carrying on. Having discharged my duty towards my own govt. in protesting against this measure, it still remains for me to fulfil the one I owe to that of his Catholic maj. namely, to apprize them, that in no case can England be indifferent to the armament which is preparing, nor consent to its being carried on; and I entreat that your excl. previous to giving me an answer, will duly consider the serious consequences which will result, if it be determined to complete the misery which presses so heavily on this country, by plunging it unnecessarily into a ruinous war. I am, &c.
B. FRERE.
(Second Inclosure referred to in No. 16.)—Note from D. P. Cevallos to B. Frere, Esq. dated Escurial, 3d Oct. 1804.—Sir; I have made a report to the king, my master, of the contents of your note of the 27th ult. in which you speak of a naval armament which you suppose to be fitting out in Ferrol. His maj. being informed of your representations, orders me to answer, that he has never thought of being wanting to the agreements entered into with the Brit. govt.; that the cessation of all naval armament against G. Brit, shall be observed as it his been hitherto; and that whatever information to the contrary may have reached you, is wholly unfounded, and offensive to the reputation which the Spanish govt. justly enjoys.—I take this opportunity of renewing to you the assurances of my wishes to oblige you, and I pray God to preserve your life many years. P. CEVALLOS.
No. 17.—Copy of a Dispatch from Ld. Harrowby to B. Frere, Esq. dated Downing-Street, 2lst Oct. 1804.—Sir; The Lively, capt. Hamond, arrived at Portsmouth on Wednesday morning with the Fama, a Spanish frigate, laden with dollars, from the Rio de la Plata, and brought information of the action which took place on the 5th inst. between 4 of his maj.'s frigates, and the same number of Spanish frigates, in which 3 of the latter were captured, and I unfortunately blew up.—Although, from the situation of the ships when this action happened, it is probable that the event is known at the court of Madrid, I have thought it necessary to give you this information without loss of time, in order that you may be able to explain to the Spanish govt. the principles upon which the orders given to his maj.'s naval commanders are rested, and the effect which this event is here considered to have upon the relative si-

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tuation of the two countries.—As the subject was fully discussed in a conference which took place yesterday, between the Spanish minister and myself, I cannot point out to you more distinctly the language which his maj. thinks proper to be held upon this occasion, than by stating to you the substance of this conversation.—In answer to the first question of the Spanish minister, in what light this event was to be considered; I informed him, that it was an act done in consequence of express orders from his maj. to detain all ships laden with treasure for Spain. That such orders had been issued as soon as intelligence was received of the equipment of naval armaments in the ports of Spain, and particularly at Ferrol, without any previous explanation. That the court of Madrid could have no reason to be surprised that such a step was taken, as it had been repeatedly stated to die Spanish govt. and particularly in a note delivered by Mr. Frere on the 18th of Feb. last, that as long as they continued in a situation of merely nominal neutrality, any naval armament in their ports must be considered as putting an immediate end to the forbearance of England, and as necessarily producing consequences that were distinctly pointed out. I added, that upon the first intelligence of the armament, adm. Cochrane had been directed to communicate to the govt. of Ferrol the orders he had received to oppose the sailing of any Spanish ships of war to or from the port of Ferrol; and Mr. B. Frere had also been directed to inform the court of Madrid of the orders given by his maj. that all necessary measures of precaution should be taken, and particularly those notified by adm. Cochrane. The Spanish minister then observed, that his court was not apprised of the orders given to detain the ships laden with treasure, which being ships of war, their resistance to any attempt to detain them must have been foreseen. I observed in reply, that this was the first and most obvious of those measures of precaution which had been announced. That it had been thought right to announce precisely the intention of engaging the ships of war which might attempt to sail to or from Ferrol, because it would depend upon the Spanish govt. after receiving such an intimation, to give such orders as to their sailing as it might think proper, and to prevent a hostile meeting between the two squadrons; but that to have announced more particularly the intention of detaining the treasure ships, must either have been perfectly useless, if the Spanish govt. had no means of giving them notice of such intention or must have afforded the opportu-
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nity of rendering it completely abortive. That Spain having violated one of the conditions upon which the forbearance of his maj. depended, it became immediately necessary for him to prevent the continuance of those succours which were furnished by Spain to France. That these succours were of two kinds; naval armaments and treasure. That his maj. had hitherto submitted' with unexampled moderation, to connive at the payment of a subsidy by Spain to France, upon the grounds which have been often stated; but that, from the moment Spain had manifested the intention, instead of confining herself to pecuniary assistance, to add her naval forces to these of France, and had manifested it in the least equivocal manner, by equipping a considerable squadron in the port of Ferrol, where it would be ready to join a squadron of French ships, and to outnumber the British force employed in blockading them; from that moment his maj. could no longer delay carrying into execution every measure of necessary precaution; and he had as just a right to detain treasure destined to increase the means of his enemies, as to attack the ships of Spain sailing in conjunction with those of France. I expressed in strong terms his maj.'s concern at the loss of so many valuable lives in the conflict, and particularly at the unfortunate accident, which destroyed one of the Spanish frigates (the Mercedes), with nearly the whole of her crew. I did not controvert his observation, that it was impossible for those frigates not to resist, when they were met by so equal a force; and I thought it right to avow without hesitation, that, although it was hoped the treasure might have been brought in single ships, of a force so inferior to his maj.'s squadron as to justify the expectation that they might be detained without violence, yet that his maj.'s govt. were aware that this expectation might be disappointed, and as the act itself was thought necessary, had determined to incur the hazard of what might follow from resistance.—To the question put by the Spanish minister, in what state the Spanish frigates and their crews were to be considered; I replied, in the same state as ships and crews detained under similar circumstances upon former occasions. That the officers and men would be treated with every possible attention, and the treasure would be transported to a place of security, to await such orders as the issue of the present discussions with the court of Madrid may appear to his maj. to require.—After these points had been discussed, the Spanish minister desired to know, whether this event was to be considered as putting an

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end to all further explanation, and placing the two countries in a state of war.—To this I replied, that it was certainly by no means so considered on our part. That it was still the earnest wish of his maj. that such explanations, assurances, and securities, might be given by the court of Madrid respecting their naval armaments, present and future, and respecting all other subjects of discussion between the two govts. as might not only maintain an amicable intercourse between them, but establish it in future upon a more distinct and permanent footing. An explanation of the naval armaments alone, would not then (replied M. d'Anduaga) now Satisfy the English govt.?—To this I answered, that such an explanation alone would not now satisfy us, nor would it have been satisfactory at any former period. The court of Madrid had repeatedly been informed, that his maj. could not be satisfied without being made completely acquainted with the relation in which Spain stands with respect to France, in order to be enabled to judge upon a full view of all the circumstances, in what relation he could consent to consider Spain as standing with respect to G. Brit—In reply to several observations which fell from the Chev. d'Anduaga, that assurances had been given, as to the amount of the subsidy which was stated to be only an equivalent for military succours; as to the contents of the treaty with France, which was alledged to contain nothing injurious to the interests of G. Brit.; as to the innocent destination of any armaments which might be made; as to the decided intention of his Catholic maj. to preserve the strictest neutrality; and as to the injustice of any suspicions which could attach to Spanish honor and veracity, I assured him, in return, that both the govt. and the nation had the highest value and respect for Spanish honor and veracity; but that we had too much ground from experience to be slow in trusting the ability of Spain to act up to the honorable and independent principles by which her conduct would naturally be guided. That I sincerely wished the armaments in question might prove to have been really, as he had endeavoured to represent them, only the consequence of an order given under the pressure of necessity, for the purpose of transporting troops to subdue the revolters in Biscay; but that if this were really the intention of the order, it was inconceivable, that no notice should have been given to the British minister at Madrid, or to the admiral off the port of Ferrol, who might have conveyed the explanation of the armament at the same moment with the news of its existence. That
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it was singular, if ships of the line were to be used for this purpose, that they should not have been equipped merely as transports. That although the orders were received at Ferrol on the 7th of last month, and must consequently have been given at Madrid some days earlier, yet up to this moment he was possessed of no direct information from his court, was authorised to give me no explanation, and was reduced to state upon this subject his own conjecture, founded upon imperfect intelligence, and upon his own earnest wishes to explain the transaction in a manner calculated to prevent a rupture between the two countries. Having dwelt upon the various grounds, which made this explanation improbable and unsatisfactory, I concluded the conversation by expressing my fears, that the orders would be found to have proceeded from that influence, which had unfortunately so long diverted the Spanish councils from an attention to their real interest and dignity; that the measure, if dictated by that influence, would probably be persisted in; and that a breach would then become inevitable; but that the moderation and forbearance of his maj.'s conduct hitherto, (to which the Spanish minister bore the fullest testimony), would be a sufficient security, that no reasonable means of accommodation would be rejected; and that I should be equally desirous with himself to be the instrument of establishing between our respective countries a greater degree of harmony and cordiality than could exist between a nominal neutrality on the one side, and to jealous forbearance on the other.—I am in daily expectation of hearing from you what passed at Madrid upon the receipt of the communication made by adm. Cochrane to the Spanish govt. off Ferrol; until that information is received, I have nothing to add to my former instructions.—P. S. Since this was written, an account was received of the arrival of his maj.'s ships, the Amphion and Indefatigable, with the Spanish frigates, the Medea and the Clara. I am, &c.
HARROWEY.
NO. 18.—Dispatch from B. Frcre, Esq. to Ld. Hurrowby, dated Escurial, 27th Oct. 1804.—My Lord; Your 1dp.'s dispatches No. 1. and 2. were delivered to me by the messenger Smith, on the night of the 18th, in consequence of which I lost no time in coming down to the Escurial, where the court are resident at present, and having demanded an audience of M. Cevallos, which he gave me on the 21st, I told him that I believed he would find by his letters from England that the sensation which the late unexpected armament at Ferrol had caused

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there, had been by no means over-rated in the note which I had addressed to him upon the subject some weeks ago; that I was now charged to declare to him formally his maj.'s surprise and concern at such a measure having been adopted without any previous communication to him, and unaccompanied by any explanations of its object; and to require the immediate recal of all orders which might have been given at Ferrol or elsewhere, for increasing their naval force, or for altering its position; and that it should be reduced to the state in which it was at the beginning of the war. M. Cevallos said, that he found that there had been a great deal of misrepresentation and exaggeration upon the subject of this armament, which he affected to treat very lightly; he said, that the expedition consisted of a few ships, which were already armed at the time, whose destination I must be well acquainted with; that the project was now given up, and he wished to infer that there was therefore no ground of complaint for what had passed. I replied, that I knew no more of the destination of this expedition, than what I had learnt from public report, which was, that it was meant to convey troops to quell at; insurrection in Biscay; but that it had appeared to me so incredible that ships of war should be aimed to carry forces to a province which had no ports to receive them, which was already in the possession of their troops, and which was so situated, that the march by land might be performed in a much shorter time than was necessary for preparing for and making the voyage; that I had not ventured to write this report home to my govt. M. Cevallos, however, assured me that this was the design, and extravagant as it was, the march by land into Biscay of the troops before destined for the embarkation seems to confirm his assurance. I observed, that whatever might have been the object of this armament, it was equally a breach of the convention which Spain had entered into with England; and as M. Cevallos maintained that the engagement had been only contracted for not arming against G. Brit. I referred him to my brother's note of the 18th Feb. in which the cessation of all armaments is demanded in the clearest terms. I told him at the same time, that if he was now inclined to dispute this point. I must revert to the instructions upon which the demand was framed, and which were to the full as positive as those which I had now received. He protested against the extravagance of such a pretension, which he said would reduce them to the lowest state of humiliation if Spain could not arm to repel the insults of
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a foreign enemy, or to quell her own rebellious subjects. I repeated the assurances of his maj.'s disposition to make every possible concession in favour of Spain; but that this was an engagement which the security of his kingdom called for, and that Spain might rely upon its being pushed no further than that object required. Finding that it was needless to attempt drawing any satisfactory assurance from M. Cevallos in conversation, I told him that my instructions related likewise to some other important points; that if he pleased I would read them over to him, after which, if he thought it necessary, I would deliver to him in writing a summary of their contents.—In treating of the subject of the money furnished to France, he affected much surprize at its being considered merely as a temporary measure, and asked from whence my court could have got that idea, of which he himself disciaimed any share. I told him that I knew my brother had repeatedly received similar assurances at the very time when the treaty was negotiating, from a person high in authority, whose assurances were then esteemed authentic, and that as such he had transmitted them to his govt. M. Cevallos repeated that they had no such views; that the treaty was concluded for the whole of the present war; that it contained no art. whatever hostile to G. Brit, and as to the amount of the subsidies, he could only repeat what he bad already said, and what M. d,'Anduaga had stated to your 1dp. that they are calculated with a reference to the expence of furnishing the succours stipulated by treaty. This assurance, he said, he trusted I should think sufficient, and that England would so far do justice to the good faith of the Spanish cabinet as to pronounce herself satisfied with such a declaration. I observed to him, that my govt. was already in possession of thus much information upon the subject, when my present instructions were forwarded to me, and therefore that I must expect a more explicit answer, or comply with the orders to demand my passports; that in the terms in which he stated it, the amount of the succour stipulated was without any limit, since the treaty provides that in case of necessity the auxiliary power is liable to be called upon to assist her ally with all her forces; in which situation there would be no bounds to the sums which Spain might furnish to the enemy under the denomination of an equivalent for these succours. I did not, however, succeed in obtaining any further explanation upon the subject; and there was in M. Cevallos' manner a more decided determination not to give way upon this point, and more dis-

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position to ill humour at being pressed upon it, than upon that of the total cessation of all armaments in the ports. He took no other notice of the orders given to Adm. Cochrane to shut the port of Ferrol to their ships of war, than by asking me to read that paragraph a second time; and when I had finished the dispatch, he said that Spain would continue to act with the same good faith which she had always hitherto done; that England ought to be perfectly at ease upon the subject of the armament, which had never been of any consequence, and was now laid aside; that upon the question of the subsidies, she had all the satisfaction that she could reasonably require; and that it was time that she herself should give some assurance of her own dispositions, without which a neutrality, restless and disturbed as that which Spain now possesses, would prove as prejudicial to the country as war itself. I answered, that the dispositions of my govt. towards Spain were not less friendly than they had always been, and that it was to the conduct of Spain herself that he must attribute the unsettled state of the connexion between the two countries; nor could it be otherwise, as long as she maintained this reserve upon a point which affects so essentially the interests of G. Brit, as that of her pecuniary engagements with France; and I left him, by saying, that I hoped that upon consideration he would lee it in the same light, and that I should receive a more satisfactory answer to the note which I should transmit to him, than I had been able to obtain from the conference. Your 1dp. will observe an interval of some days between this conference and the date of my note, during; which I have been confined by a return of indisposition which disabled me from writing, however, stated so fully before hand the nature of my instructions to M Cevallos, I am in hopes that no time will have been lost by this circumstance, and that I shall receive his answer as soon as if my note had been presented immediately after our conference. I have the honour, &c.
B. FRERE.
(Translation of inclosure referred to in No. 18.)—Note from B. Frere Esq. to D. P. Cevallos, dated Escurial, 26tn Oct. 1804.—Sir; In consequence of the desire your excl. has expressed to me, I have the honour to transmit to you in writing; the substance of the representations which I have been directed by my govt. to make to you.—It is with equal surprise and concern that his Brit. maj. received the account of the naval preparations which have been carrying on in the ports of Spain, having on his part omitted nothing, from
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the very commencement of hostilities with France, which could contribute to remove from Spain those calamities of a war, in which, owing to her treaties, she was in fact placed in the number of this enemies. Nothing, indeed, could have induced his maj. to persevere in this system of moderation, except the same benevolent motive, supported by a disposition to give credit to the assurances of the Spanish govt. that the sums furnished to France were only paid under the idea of gaining time, until circumstances would enable her to follow a system more congenial to her wishes and her interests.—His maj. has repeatedly requested a communication of the engagements concluded with France; but the only answer has uniformly been a vague assurance, that, whatever might be the amount of the sums to be paid by Spain, they were calculated according to the estimate of what the succours, naval and military, stipulated by treaty, would amount to. But his maj. has never been furnished with any means of judging, whether these payments are in fact only a fair equivalent for those succours, or whether they so far exceed it, as to render it necessary to consider Spain a principal in the war.—In this state of uncertainty, his maj. has been compelled expressly to reserve to himself the full right to regulate his conduct towards Spain according to the appearance of circumstances at the moment. But be has ever declared, unequivocally, that the discontinuance of ail naval preparations on the part of that power was an indispensable condition of the continuance of his moderation. Such a declaration having been made, it would be difficult to account for a naval armament on the part of Spain, in such a manner as to reconcile it with her pretended system of neutrality; and it becomes impossible to consider the present armament, which was unaccompanied by any explanation, in any other light than as a measure decidedly hostile, and which calls upon his maj. to take, without delay, every step which prudence may dictate; and more especially to give orders to his admiral, off Ferrol, to prevent any ship of war from, entering or leaving that port.—His maj.'s uniform conduct towards Spain has abundantly proved his ardent desire to carry his moderation to the utmost extent, which a due regard for the interests and security of his people will permit. But his maj. cannot depart from the declaration which he has made, nor permit that Spain shall enjoy all the advantages of neutrality, whilst she wages a two-fold war against him, first by furnishing to his enemies unlimited pecuniary succours; and, secondly, by compelling

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him to divert a part of his naval force to act against the enemy, in order to watch the armaments which are preparing in ports pre-1 tending to be neutral.—I have in consequence received orders from his maj. to require of the Spanish govt. the immediate recal of all the orders which have been given at Ferrol, at Cadiz, or at Carthagena, as well for the equipment of ships, as for sending reinforcements from one to the other of those ports, and not only that such preparations be stopped, but that the naval armaments in all the ports of Spain shall be put precisely on the same footing as before the commencement of hostilities between England and Fiance.—I flatter myself, that I shall not be under the necessity of announcing to your excl. more formally than I have hitherto done, what must be the inevitable consequences of a refusal of this demand. If it is fully complied with, I can answer for the intentions of his maj. to send to Madrid a minister authorised to discuss, in an amicable manner, every other subject of dispute; but still this discussion cannot take place unless Spain be prepared to give a distinct explanation of her engagements with France, and of the system which she proposes to adopt, according to which his maj. may be enabled to judge of the nature of the relations which should subsist between him and his Catholick maj.—Your excl. may conceive the impatience with which I shall expect your answer; and some days having already elapsed since I had the honour to converse with you on the subject of this note, I hope that your decision his been already taken, and that I may flatter myself in some degree to have contributed towards the extinction of the daily alarms which trouble the good understanding between the two countries, and which are the necessary consequence of the obstinacy of Spain in refusing to give that satisfaction so justly due to the conduct of his Brit. maj. B. FRERE.
No. 19.—Dispatch from B. Frere, Esq. to Ld. Harrowby, dated Madrid, 8th Nov. 1804.—My Lord; I have the honour to inclose a copy and translation of M. Cevailos' answer to my note of the 26th, which was delivered to me on the morning of the 30th. Your Idp. will find, that neither this note, nor the paper which it inclosed, and which is a copy of M. Cevallos' instructions to M. d'Anduaga, contain any satisfaction whatever upon the two principal points, viz. a stipulation to abstain from all naval preparation; and a disposition to enter upon some fuller explanation of their pecuniary engagements with France. On the contrary, M. Cevallos observes to M. d'Anduaga,
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that the explanations which have been given upon the latter point are sufficient, if the complaints of England are made with good faith; and throughout both papers there is a tone of irritation, which shews a disposition far from conciliatory. Under these circumstances I have thought that my instructions left me no choice, but to repeat distinctly my former proposals, and at the same time to demand my passports, if they were not acceded to. This I accordingly did, without the least delay in the note, of which the inclosed is a copy; and having observed that M. Cevallos affected to attach the highest importance to a slight, and, I am persuaded, accidental variation between the conditions which I was instructed to demand, and the convention before agreed to, I trust that I shall not be thought to have taken too much upon myself in venturing to make, the alteration necessary for reconciling them. Having delivered this note, I returned to Madrid to finish my preparations for dispatching the messenger, and expecting in the interval to receive M. Cevallos' reply. 'After having waited in vain till the 2d, I determined to write again to him, to press him for an answer, and accordingly sent the note. No. 5, by courier, who returned the next day, (the 3d,) bringing me M. Cevallos' note, of which I inclose a copy and translation, and in which, after a very formal introduction, and much parade of precision in the terms of his answer, he leaves the two principal questions exactly in the same state as before. I, therefore, on the same day, returned a short note, repeating my demand for passports, of which no notice having been taken, on the evening of the 5th, I determined once more to send the messenger down to the Escurial with a still more pressing renewal of my application; and after having been delayed upwards of two days, he returned this morning, bringing me my passports, which were accompanied by the inclosed note (No. 10.) In consequence of this, I propose to leave Madrid on the day after to-morrow, and Mr. Hunter will follow me as soon as he conveniently can. I am unwilling to delay the messenger a moment longer than is necessary for making your Idp. acquainted with the final determination of the Spanish govt. but I cannot help expressing my confidence that his maj.'s govt. will not see, in the course of this negotiation, any foundation for the charge of precipitation, which is brought against me by M. Cevallos. If I have any apprehension, it is lest my hopes that a more deliberate re flexion upon the fatal consequences of a rupture, and a due sense of the moderation of

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the proposals made by his maj. with a view of avoiding such an extremity, would induce this govt. to admit my demands, should have led the to be less decided than the urgent terms of my instructions will strictly justify. I have the honour to be, &c. B. FRERE.
(First inclosure referred to in No, 19.)—Translation of a Note from D. P. Cevallos to B. Frere, Esq. dated San Lorenzo, 29 th Oct. 1804.—Sir;As soon as you knew that preparations were making at Ferrol for the transport of troops, ignorant, without doubt, of their destination, you sent a note to me, expressing the apprehensions which this occurrence inspired, and demanding from me an explanation of the intentions of Spain. I gave you such as the circumstances permitted, and fully sufficient to tranquillize your apprehensions, assuring you that his maj. had no ideas that could offend the harmony and constant friendship offered to his Brit, maj. Nothing was more natural than that the British cabinet should have waited the result of the representations made by its minister to the king, my master, disregardins; in the mean time all advices which were not authentic, and paying this deference to the tried good faith of the Spanish cabinet. Unhappily it has not been so; for, without other than mercantile advices, which are generally fabricated through interest, the English govt. has formed its complaints, laying down, ascertain, the fact of an armament, and styling it hostile, whereas its object was not so, neither, as it was, did it take effect.—Notwithstanding that I had tranquillized the apprehensions which you shewed that this armament caused in you, his maj. having learnt from the conference which I had with you, that the court of London being ill informed, raised complaints which are as ill founded as they are unconformable to the true designs of Spain, by his royal order I have sent to Don Joseph D'Anguada, his. minister at that court, the proper instructions, with a view to dissipate the apprehensions of G. Brit, and declaring the true limits of the engagements of Spain in favour of France, and likewise in favour of England, as you will see by the copy which I have the honour to inclose.—By its contents you will be undeceived, in finding that Spain has not given the subsidies to France with a view to gain time, and of waiting for an opportunity of displaying a system more analogous to her wishes, as you have permitted yourself to assert; it being difficult to conceive how you can associate the idea of momentary subsidies, and such as are furnished purely in expectation, with the knowledge and assurance of there
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having been concluded a treaty of subsidies between Spain and France, equivalent to the naval and military succours determined by the alliance of the two nations, for the case of the present war.—England agreed to the neutrality of Spain, upon condition that she should cease her armaments, which should remain in the state in which they were at the time of the convention; and notwithstanding its specified terms and religious observance of it by the Spanish govt. you claim that the armaments should he reduced in the ports of this kingdom to the state in which they were before the beginning of hostilities between England and France. The king cannot but sec in this demand a notorious infraction of the convention of neutrality proposed by England herself, and in this view he orders me to direct his minister in London to protest against a pretension, which is the more unseasonable, inasmuch as the apprehensions are greater of a desire on the part of Enland to alter the stipulated relations between herself and Spain.—It is a measure not less infractory which you tell me your govt. have taken, in order that the commander of the fleet before Ferrol should prevent the sailing of the Spanish ships of war which are in that port, and the entrance of others of the same description. This measure, besides being nugatory (supposing the good faith of Spain,) is offensive to her honour and dignity, and truly hostile. In which view, I communicate to the king's minister an order to protest against it, and to exact from the English cabinet clear and precise explanations concerning her ideas with regard to Spain, whose neutrality is absolutely unproductive, if she is to continue in the uncertain, agitated, and equivocal state in which she has hitherto been. PEDRO CEVALLOS:
(Second inclosure referred to in No. 19.)—Translation of a Note from D. P. Cevallos to Don Joseph d' Anduaga, dated San Lorenzo, 26 th Oct. 1804.—Sir; The assurances which England has received from Spain upon, her exactness in fulfilling the stipulated neutrality, and the good faith which is as it were characteristic of the Spanish cabinet, ought to have inspired the British cabinet with more circumspection, so as not to give credit to the authentic news of armaments in Cadiz and Ferrol. Spain obliged herself to cease her arming, and she has fulfilled it, since the 2 or 3 vessels which she thought to destine to the coast of Biscay were armed before the epoch of the agreed cessation of armaments.—The idea of this agreement was to assure G. Brit, that Spain, with the knowledge and assurance of there I under the colour of neutrality, should not

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arm her ships to unite them to those Of France when it might suit that power. To wish by this agreement that Spain should not arm even when she sees herself offended by any power, or when the tranquillity of the state requires it, is to strain the letter and spirit of the treaty, and to disregard the invariable principles which declare and explain treaties between sovereigns. In such a case the lot of a neutral power, considered until now as the most advantageous, would be the most fatal. Her enemies might commit hostilities against her with impunity; her subjects might refuse fidelity to the sovereign, assured that force could not reduce them to their duty. Under these principles, and granting for a moment the reality of the supposed new armaments, it would have been becoming that the English cabinet, less apt to give credit to news (which is easily fabricated by those who are discontented with the peace, or those who make it contribute to merchantile profit) should have asked of Spain what were her designs, before she made public demonstrations of suspicion and distrust, always injurious to the mutual commerce of the two nations. On the other hand, she ought to believe that her minister would ask, as in effect he did ask, in proper time, explanations of this much talked of (decantado) armaments, which were given conformably to what I have said; and by these the English govt. will have confirmed itself in the confidence which it owes to the promises of his maj. In this conception I replied to the English Charge d'Affaires, who read to me the dispatch of his govt. He renews the solicitation that I should declare to him the sum which, under the title of subsidies, is contributed to France, as an equivalent for the succours stipulated by the treaty of alliance; and I have repeated to him what on this point I have said to your excl. and it is what is sufficient if the complaints are made in good faith, and if it is wished to do justice to that which is as it were the characteristic of the Spanish govt. That govt. has also raised a doubt, whether our subsidy in favour of France is indefinite, or limited to the time of the present war; and I have answered, that it does not extend to other wars than the present. In fine, I told him that England might rely on the morality and good faith of Spain in the fulfilling of her obligations, but without giving to them an extension that humiliates and degrades her from the rank that belongs to her; that G. Brit, was the most interested in not altering the state of neutrality with this kingdom, from which by commerce she
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draws immense sums with which she maintains her fleets; that the prejudices are incalculable which she brings upon our commerce, by her exaggerated complaints and unfounded suspicions of the ideas and views attributed to the Spanish govt. since, being known and published by those who derive benefit from them, they prevent the merchant from giving to his negotiations all the activity of which they are susceptible; that Spain having complied with the two conditions, namely, cessation of armaments, and prohibition of the sale of prizes in her ports, under which G. Brit, promised to respect the neutrality, it becomes absolutely necessary that this power should adopt towards Spain a style of greater frankness; and that in like manner, as we have protested that we will maintain our pacific relations with England, so also she should confirm to us clearly and definitively that her views are equally pacific, and the more so, when she has seen that we have not infringed any of the conditions of the neutrality agreed on. All which, by royal order, I transfer to the notice of your excl. for your information, and the correspondent use in your conferences and conversations with that ministry. PEDRO CEVALLOS.
(Translation of No. 3, referred to in No. 19.).—Note from B. Frere, Esq. to D.P. Cevallos, dated Escurial 30th Oct. 1804.—Sir; I have had the honour of receiving your excl.'s note of yesterday's date, inclosing copy of a letter to M. d'Anduaga, in which I see no hope which can justify the prolongation of my residence here; and I should in consequence confine myself to follow the orders of my court, by requesting my passports, if I did not think it my duty previously to notice some false conceptions which your excl. has formed as to the relations which subsist between England and Spain, according to which, it would not be difficult for me to repel the charge of precipitation which your excl. has cast on the recent conduct of my govt.—Your excl. speaks of the neutrality of Spain, and argues thereupon, as if it were a circumstance agreed upon between the two powers; whereas, no mention whatever has been made of it, either in the propositions contained in his Brit, maj.'s note of the 18th Feb. nor in any other part of his correspondence. His Brit. Maj. has in fact announced to the Spanish govt. the conditions without which it would be absolutely impossible for him any longer to pursue that system of forbearance which he has hitherto followed; but he has never offered to Spain the hope of a neutrality, which treaties, ever with his enemies, rendered her incapable of

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enjoying. Spain has been placed on her proper footing, that is to say, on that of a power with whom there was a suspension of hostilities; and the agreement made under this idea had for its object not only, as your excl. says, to prevent the equipment of her ships of war, and their junction with the French forces, but also to place herself in a better position both offensive and defensive with respect to England, than that in which she found herself at the commencement of hostilities; and how could she expect to see herself more closely connected with England, whilst her engagements with its enemies, and the sums with which she furnished them, remained a secret to England. True it is, that his Brit. maj. has received vague assurances as to the amount of these sums; but these assurances are insufficient to enable him to decide upon the nature of the permanent relations which should subsist between him and his Catholic maj. especially as, should these assurances be exact, no reason remains to refuse the communication of the treaty, since your excl. has assured me, that it does not contain any stipulation hostile to G. Brit.—I have had the honour to inform your excl. that nothing could have engaged his maj. to persevere in his system of moderation, but his well-known benevolence, supported by a disposition to give credit to the assurances of the Spanish govt. that the payments furnished to France were only made in the intention of gaining time, and till circumstances would enable her to follow a system more congenial to her interests and her wishes. Your excl. does not appear to comprehend, whence I have derived this assertion; and although I should have supposed, that I had already pointed out its source so clearly as to exculpate my self from the imputation of having fabricated it myself, I must inform you, that his excl. the Prince of Peace gave similar assurances to the minister of his Brit. maj. whenever mention was made of the payment of the subsidies to France. It appears to be since ascertained, that the assurances of his excl. were not those of his govt. by which therefore it cannot be called upon to abide: but this explanation will doubtless make an essential alteration in the ideas of my govt. respecting the future projects of Spain, which must henceforward be considered as irrevocably connected with France, during the whole war by a treaty of subsidy, the stipulations of which she will not avow.—In this state, of inquietude, which is the natural consequence of the silence observed by Spain list its engagements with the enemy, his Brit. maj. having received from his admiral
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off Ferrol authentic accounts of an armament fitting out in that port, was in no wise called upon to wait for the explanations that Spain might offer thereon, and which have never been offered; it is sufficient, in order to justify the measures which he has taken, nay still more decisive ones, to know that an armament was fitting out, and that the engagements were violated.—I have thus endeavoured to give an exact idea of the nature of the relations which have subsisted between the two countries from the commencement of hostilities with France, since it is from this consideration alone, that a just opinion can be formed of the present conduct of the two governments; and if your excl. is not prepared to give me an assurance, that no armament whatever shall be carried on in the ports of Spain; that the ships of war shall be put precisely in the state in which they were at the conclusion, of the convention with England; that no alteration shall take place in the distribution of force, nor indeed any naval preparation; if your excl. is not ready, at the same time, to afford my govt. the satisfaction which have had the honor to demand as to the engagements with France, I must consider, my employment here as at an end, and there only remains for me the painful duty of requesting your excl. to send the necessary passports for myself and servants, in order to return as soon as possible to England.—our excl. complains of my having in my note demanded the reduction of the marine to the state in which it was previous to the war, whilst the period pointed out in the convention for fixing the establishment to which it was to be reduced, was that of the convention itself. It is true, that this first period was named in my instructions; but bearing in mind that another has been already agreed upon, and too well convinced of the good faith of ray govt. to believe that the substitution could have been made otherwise than by mistake, I have not hesitated to restore the period of the convention, too happy, if this trifling change can remove any obstacle to the satisfaction of my demands. I have, &c. B. FRERE.
(Translation of 4th Inclosure in No. 19.)—Note from B. Frere, Esq. to D. P. Cevallos, dated Madrid, 2d Not. 1804.—Sir; According to the precise terms in which, the demands I had the honor to make to your excl. in my note of the 30th ult were couched, and which admitted of no modification, I ought already to have received from your excl. either a favorable answer, or passports for my departure; my instructions are too pressing to allow me to defer

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any longer the repetition of my demands, and at the same time to request your excl. if you are unable to give me full satisfaction on them, to have the goodness to send, in addition to those I have already demanded, passports for Mr. Hunter and his family, together with an order to the governor of the council to afford them as well as myself such a guard as shall be necessary to escort us to the frontiers.—The messenger who carries this letter waits for your excl.'s answer, which I hope you will have the goodness to dispatch to me in the course of the evening. B. FRERE.
(Fifth inclosure referred to in No. lp.)—Translation of a note from D. P. Cevallos to B. Frere Esq. dated S. Lorenzo, 3d Nov. 1804.—Sir; I have received the two notes which you were pleased to address to me, dated the 30th Oct. last and the 2d Inst, and having given account to the king my master of their contents, I have the honor to declare to you, that Spain has given constant proofs of good correspondence with G. Brit, of her fidelity in observing the treaty of neutrality, (called by you a suspension of hostilities, though they have not disturbed the state of peace since the treaty of Amiens), and has completely done away the apprehensions, which England founded upon vague accounts, of armaments which neither did exist, nor, if they had existed, had any tendency prejudicial to the tranquillity of G. Brit.—And although these three points are satisfied in my note of the 20th of Oct. last, still his maj. is willing to make a fresh sacrifice to peace, carrying his royal condescension to the point which you desire, and ordering me to satisfy your questions as I: do, in the most unequivocal manner; saying, to the 1st; That Spain, in consequence1 of the treaty of neutrality concluded the 19th Oct. 1803, will make no armament contrary to the said convention. To the 2d; That there is not a greater number of ships armed than there was at the epoch of the said convention. To the 3d; That no change, infractory of the neutrality, shall be made in the distribution of the ships already armed; nor is it likely that there should be any need to change the said distribution under the supposition of neutrality. To the 4th; That the treaty of subsidies with France contains nothing offensive to, our neutrality with G. Brit, and that the subsidies are equivalent to what would be the expence of the naval and military succours, stipulated in the treaty of alliance with the French Republic.—As my answers are not less distinct than satisfactory, for they hive been formed in no other style
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than that of good faith, I think I have a fresh right to be satisfied by you in regard to the measure taken by the Brit, cabinet, in order that the commander of its forces before Ferrol should prevent the entrance of the Spanish ships in the said port; a complaint which I have not had the honour to see satisfied by you, as becomes a measure which carries with it mistrust of the Spanish govt., and offends its honour and dignity, by shackling the exercise of its domestic authority. I do not believe that you will have any difficulty in recognizing the violence of which this measure of your govt. partakes, when I observe, by your note of the 30th, (which did not reach me till after a delay of two days,) that your good faith and conciliatory spirit have prompted you to do away the equivocation which there was in the instructions of your court, with regard to the epoch which is to regulate the reduction of the maritime forces of Spain, making a due appreciation of my observations, which were founded in the express determination of the compact of neutrality. PEDRO CEVALIOS.
(Translation of sixth inclusure in No. 19.) Note from B. Frere, Esq. to D. P. Cevallos, dated Madrid, 3d Nov. 1804.—Sir; I have just had the honour of receiving your note of this day, and I am concerned to remark, that upon the two principal points it is as equivocal and as little satisfactory as those which preceded it. Your excl. gives me no answer whether you will or not enter into an engagement that no armament whatever shall be fitted out in the Spanish ports, referring me only to the terms of a convention, upon the force of which we are by no means agreed, your excl. maintaining that the engagement not to arm was not a general one, (which I require), but that it merely referred to armaments against G. Brit. I see also with regret that I have not advanced a single step on the question of the subsidies granted to France. The answer which your excl. now gives me is the same which was returned to the first representations of my govt. on this point, and it is absolutely impossible for me to transmit it as satisfactory, or to withdraw my request for passports.
B. FRERE.
(Translation of seventh Inclosure in No. 19)—Note from B. Frere. Esq. to D. P. Cevallos, dated Madrid, 5th Nov. 1804.—Sir; Perceiving, by your excl.'s note of the 3d inst. that you had nothing satisfactory to offer to me on the demands which I had made to you in the name of my govt. I requested you anew, on that very day, to send me the passports necessary for my departure. It becomes at last absolutely indispensable to

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put an end to the uncertainty of ray govt. on the success of my efforts; and these delays, which at first appeared to indicate a more favourable disposition, and to promise me that satisfaction which I demanded, cannot now be regarded in. this light. I must therefore protest, in the most formal manner, against this conduct on the part of the Spanish cabinet; and at the same time, announce to your excl. my belief that his Catholic maj. docs not wish I should be reduced to the very extraordinary alternative, cither of departing without passports, or of remaining at Madrid, my functions being at an end; for I must consider them as such, when I do not receive full satisfaction to the demands of my govt. B. FRERE. P. S. The messenger who carries this letter has my orders to wait for those of your excl.
(Eighth inclosure referred to in No. 19.)—Translation of a vote from D. P. Cevallos to B. Frere Esq,. dated St. Lorenzo, 7th Nov. 1804.—Sir; His Catholic maj. has seen with concern, by your note of the 5th, the violent determination which you have taken to break the thread of the functions of your mission, by departing as soon as you receive the passport, which you have asked for that purpose. His maj. cannot deny you the passports, which he orders me to expedite immediately, and I enclose them for yourself and family, and for that of Mr. Hunter, the consul-general, and the order necessary for the escort which you asked for; but, at the same time, I have to say to you, by his royal order, that this govt. not having given the slightest motive for your resolution, but, on the contrary, every explanation which is suitable to the state of our connection with G. Brit, he cannot but look upon you as responsible for the result of your precipitate resolution.
PEDRO CEVALLOS.
No. 20.—Extract of an order from the Rt. Hon. the Lords Commisioners of the Admiralty to Vice-Adm. Lord Viscount Nelson, dated the 18 th May, 1803.—As it is highly important that your ldp. should be watchful of the conduct of the court of Spain in the present moment, you are to direct your attention to the naval preparations that may be making in the several ports of that kingdom in the mediterranean, as also at Cadiz, and to take every practicable means for obtaining, from time to time, all the intelligence you may be able to collect on that subject.—our ldp. is to take care that no interruption be offered by any of the ships or vessels under your command to any Spanish ships of war or trade, while they conduct themselves in a manner becoming a neutral nation. But the same time, your ldp. is to understand,
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that however desirable it may be to avoid any measure of hostility against that country, you are not to suffer any squadron of Spanish ships of war to enter a French port, or to form a junction with any squadron, or ships or vessels of that or the Batavian republic.
No. 21.—Extract of a letter from Sir Evan Nepean, Bart, to Vice-Adm. Lord Vise. Nelson, K. B. dated Admiralty office, the 13th Jan. 1804.—I am commanded by my Lords Commis. of the admiralty to acquaint your ldp. that, in consequence of the intelligence which has recently been received of the hostile preparations which are now making in the different ports of Spain, their ldp.'s have deemed it expedient to reinforce the squadron under your ldp.'s command.—The proceedings of Spain, on the occasion I have mentioned to your ldp. will naturally engage your very serious attention, and their ldp.'s rely with confidence, that you will keep your squadron in such a state as to be at all times ready to act as the circumstances and situation of affairs may appear to require.
No. 22.—Order from the Lords Commissioners of the Admiralty to the Hon. W. Cornwallis Adm. of the White, &c. dated the.18 th sept. 1804. (Most Secret.) By&c.—You are hereby required and directed to give immediate orders to rear-adm. Cochrane, to continue the blockade of the port of Ferrol with the utmost vigilance, not only with the view of preventing the French squadron from escaping from that port, but likewise with a view of preventing any of the Spanish ships of war from sailing from Ferrol, or any additional ships of war from entering that port; and, if in consequence of your correspondence with rear-adm. Cochrane you should be of opinion that the force under the rear admiral is not adequate to the purposes above mentioned, you are without delay to reinforce the squadron under his command, and measures will be taken, with all possible expedition, to send out to you a sufficient number of ships to replace the force which you may so detach.—You are to send intimation to the Spanish govt. through rear Adm. Cochrane of the instructions you have given to the rear Admiral, and of your determination in consequence thereof to resist, under the present circumstances, the sailing either of the French or Spanish fleets, if any attempt for that purpose should be made by either of them.—And whereas information has been received that some Frigates are speedily expected to arrive at Cadiz loaded with treasure from South America, you are to lose no time in detaching two of the Frigates under your command, with, orders to their captains to

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proceed with all possible dispatch off Cadiz and the entrance of the Straits, and to use their best endeavours, in conjunction with any of his maj.'s ships they may find there, to intercept, if possible, the vessels in which the above mentioned treasure may be contained, and to detain them until his maj.'s pleasure shall be further known. Given, &c. 18 th Sept. 1804. J. GAMBIER, J. COLPOYS, P. PATTON.
No. 23.—(Secret.) Copy of a Letter from W. Marsden, Esq. Sec. of the Admiralty, to the Senior Officer of his Maj.'s Snips off Cadiz, respecting the Detention of Spanish Ships with Treasure, dated Admiralty Office, 19 th Sept. 1804—Sir; My lords com. of the admialty, having ordered the hon. W. Cornwallis, commander in chief of his maj.'s ships and Vessels off Brest, to send immediately two frigates to cruize off Cadiz and the entrance of the Straits, for the purpose of intercepting and detaining, until his maj.'s pleasure shall be further known, some frigates which are speedily expected to arrive at Cadiz, loaded with treasure from South America; I have it in command from their Idps. to signify their direction to you to co-operate by every mews in your power with the captains of the two frigates which may be sent out by adm. Cornwallis as above mentioned, in carrying the orders they have received from the said admiral into execution. In case of your falling in with the vessels having the said treasure on board, it is their Idps. direction, that you use your best endeavours to detain them until further orders. I am, sir, &c. W. MARSDEN.
No. 24—Copy of a Letter from W. Marsden, Esq. to the Commanders in Chief in the Mediterranean, the Leeward Islands, and Jamaica, dated the 19 th Sept. 1804.—My lord, I have it in command from my lords commis. of the admiralty, to send you herewith the copy of their Idps. order of yesterday's date, to adm. Cornwallis, respecting the blockade of the port of Ferrol, and to signify their direction to you, to take such measures of precaution as may be necessary for opposing or counteracting any hostile attempts of the govt. or subjects of Spain against his maj.'s dominions, or the trade of his maj.'s subjects within the limits of your command.—Your ldp. is, however, not to suffer any act of hostility or aggression (with the exception of detaining, for further orders, ships having treasure on board belonging to the Spanish govt.) to be committed by the ships under your command towards the dominions or subjects of Spain, until yon receive further orders, or until your ldp.
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shall have received, from unquestionable authority, positive information of hostilities having been committed by the subjects of Spain against his maj.'s interests. I have the honour to be, &c. W. MARSDEN. Vice admiral lord visc. Nelson, K. B. Similar letters to vice admiral sir J. T. Duckworth, K. B. Jamaica. Commodore sir S. Hood, K. B. Leeward Islands.
No. 25—Copy of an Order to the Hon. Adm. Cornwallis off Brest, for detaining Spanish Ships laden with Naval or Military Stores, dated the 25 th Sept. 1804. By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of G. Brit, and Ireland, &c.—In addition to our secret orders to you of the 18th inst. for detaching two of the frigates under your command to cruize off Cadiz and the entrance of the Straits, for the purpose of intercepting and detaining the vessels therein mentioned, expected shortly to arrive with treasure from South America, you are hereby required and directed to give orders to the respective captains and commanders of all his maj.'s ships and vessels under your command, to keep a vigilant look out, and, upon falling in with any Spanish ships or vessels laden with naval or military stores, to detain them, and either to send or bring them into the nearest port in England, there to remain until his maj.'s further pleasure shall be known respecting them. You are also to direct the said officers, that, upon their bringing or sending into port any Spanish vessels laden with naval or military stores as above mentioned, they transmit to our secretary for our information, an account of their having so done. Given under our hands the 25th Sept. 1804.
MELVILLE. J. COLPOYS. P. PATTON.
No. 26.—Copy of an Order to the senior Officer off Cadiz, dated 25 th Sept. 1804. By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of G. B. and Ireland, &c.—In addition to our sec's letter to you of the 19th inst. for detaining till further orders the ships which were expected to arrive off Cadiz, loaded with treasure from South America; you are hereby required and directed, upon falling in with any ships or vessels laden with naval or military stores, to detain them until his maj.'s further pleasure shall be known respecting them. Given under our hands, the 25th Sept. 1804. J. GAMBIER. J. COLPOYS. P. PATTON.
No. 27—Copy of an Order to the Commander in Chief in the Mediterranean, the Leeward Islands, and Jamaica, dated the 25 th Sept. 1804. By the Commissioners for exe-

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culing the Office of Lord High Admiral of the United Kingdom of G. Brit, and Ireland, &c.—In addition to our secretary's letter to your ldp. of the 19th inst. directing you to take such measures of precaution as may be necessary for opposing or counteracting any hostile attempts of the govt. or subjects of Spain, and to detain, for further orders', ships having treasure on board belonging to the Spanish govt.; your ldp. is hereby required and directed to give orders to the respective captains and commanders of all his maj.'s ships and vessels under your command, to keep a vigilant look out, and on failing in with any Spanish ships or vessels laden with naval or military store?, to detain them until his maj.'s pleasure shall be known respecting them Given under our hands, the 25th Sept. 1804. J. GAMBIER. J. COLPOYS. P. PATTON.Lord visc. Nelson, K. B. vice adm. of the while, &c. Mediterranean. Similar order to vice adm. sir J. T. Duckworth, K. B. Jamaica. Commodore Sir S. Hood, K. B. Leeward Islands.
No. 18—Copy of a Letter from W. Marsden, Esq. to the different Commanders in Chief of his Maj.'s Ships, on the Subject of the Detention of the Spanish Vessels, dated Admiralty-Office, 25 th Nov. 1804.—Sir; It appearing that some misapprehension has been entertained with regard to the nature and extent of the precautionary orders issued by my lords commis. of the Admiralty, for the detention, under certain circumstances, of Spanish Ships of war; I have it in command from their ldps. to signify to you, that you are not to detain, in the first instance, any ship belonging to his Catholic maj. sailing from a port of Spain; but you are to require the commander of such ship to return directly to the port from whence he came, and only in the event of his refusing to comply with such requisition, you are to detain and send him to Gibraltar or to England. I am further commanded to signify their direction to you, not to detain any Spanish homeward-bound ship of war, unless she shall have treasure on board, nor merchant ships of that nation, however laden, on any account whatever. I am, &c. W. MARSDEN.
No. 29.—Extract of a Letter from Rear-Adm. Cochrane to W. Marsden, Esq. dated on hoard his Maj.'s Ship the Northumberland, off Ferrol, dated 19 th Aug. 1804—As they (the French ships) continue to receive supplies of men by land from France, I conceived it my duty to write to the capt. gen. of this province, a copy of which letter I here enclose, together with his excl.'s answer, from which their lordships will see that there is little prospect of a stop being
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put to the parties of French soldiers and seamen passing through the country to join their ships at Ferrol.
"His Maj.'s Ship, Northumberland, off Ferrol, dated 19 th July, 1804.—Sir; I think it proper to acquaint your excl. that the French govt. have lately sent parties of soldiers across Spain From Malaga, in order to reinforce their squadron lying at the port of Ferrol; and that they are now sending detachments of seamen, from 10 to 15 in each party, along the coast, from Rochefort and Bayonne, for the same purpose. One division is already arrived at Ferrol; and another was at Santander on the 12th current.—As the countenancing such proceeding in. a neutral country is directly country to the established laws of nations, I hope I have only to make it known to your excl. and induce you to give orders to stop those parties of men from proceeding to Ferrol through the province under your excl.'s govt. and that you will be pleased to signify this requisition of mine to the governors of the provinces between this and the frontiers of France, that due measures may be taken to prevent so direct a breach of neutrality. I have also to beg that your excl. will be pleased to lay this request before his Catholic maj.'s ministers at Madrid.—I have, &c.
"A. COCHRANE."
"His Excl. Don F. Octaranco, Capt. Geo. of Galacia, Cornnna."
"Corunna, 21 st July, 1804,—Sir; I have received your letter of the 19th inst. relative to the intelligence which you have received respecting the detachment of certain numbers of soldiers and sailors being sent from France to join the French squadron at Ferrol.—As I have but very recently taken on me the command of capt. gen. I can only at present say to your excl. that I will take precautions necessary in such cases whenever they may happen, and act according to the laws of neutrality, which it is my wish to observe, and which are expressly recommended to me by the royal orders to that effect; and by this post I have communicated to his Catholic maj.'s ministers the contents of your letter as you desire. I have, &c. FRANCISCO OCTARANEO." "To his Excl. Rear-Ad. Cochrane, &c."
No. 30.—Extract of a Letter fom the Hon. Rear-Adm. Cochrane to the Hon. Adm. Cornallis, dated off Ferrol, 3d Sep. 1804.:—I inclose a report just made me of the state of the French squadron at Ferrol, also that of the Spanish ships. From this, and other circumstances, I am led to believe, that more than usual exertions are now making to complete them for sea. A party of men

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arrived last night from France, and many more are on their road. 200 cannoniers have lately joined.
(Inclosure in No. 30.)—List of the squadron of Spanish men of war fitting at Ferrol.—Neptune, 74 guns—San Augustin, 74—Monarcha, 74—Vengeance, 36—Fruesbo, 40—Brugula, storeship—Urguiso, 24, (corvette)—A Brig.—Provisioned for 3 months.—Don Caetano Balder commands this force.
No. 31—Extract of a Letter from the Hon. Adm. Cochrane to W. Marsden, Esq. dated off Ferrol, the 11th Sep. 1804.—Be pleased to acquaint the lords commis. of the admiraity, that in consequence of the hostile aspect of the French and Spanish squadrons at Ferrol, I have judged it right to detain the Illustrious. There does not remain any doubt that the intentions of the French, Spanish, and Dutch ships of war are to act together, and as 3 first rates are expected from Cadiz, their Idps. will I hope approve of my concentrating the force I have under my orders.
No. 32.—Extract of a letter from Rear-Adm. Cochrane to the Hon. Adm. Cornwallis, dated on board his Maj.'s Ship the Northumberland, off Ferrol, the 21st Oct. 1804.—The Spanish Ships here are in the same state as when I wrote last, I now inclose the most correct list that can be obtained of their situation, by which you will perceive that they are all in a state fit for service.
A List of all the Spanish Ships of War in the Port of Ferrol.

Names.

Guns.

Remarks.

La Conception

120

In good order, without masts; guns all on board, in the arsenal

La Prince of Asturias

120

Newly repaired, in the arsenal

La Mexicano

120

In good order, in the arsenal

La St. Fernando

90

An old ship newly repired, in the arsenal

LaNeptano

84

Rigged, and in good order in the arsenal—complete

La Monarco

74

Rigged, and in good order in the arsenal—complete

La St. Augustia

74

Rigged. sails fast—old I ship—complete.

La St. Juan Nepanesceno

74

Just out of dock, in good order

La Mantanes

74

In good order; ten years old

La St. Yldefonso

74

Thirteen years old

La St. Francisco de Asis

74

In dock, and has had a thorough rep.

La St. Felino

74

Sails very fast, old, but in good order

La St. Fulgencia

64

Old, but in good order

La Orience

74

Old, but in order for service

La St Julian

64

Old, but in order for service

La Esmeralda

44

Frigate

Names.

Guns.

Remarks.

La Flora

44

Ord. to be docked for immediate serv.

La Prucba

44

New, never been at sea, comp. rigged

La Vengenza

40

Rigged, ready for sea

La Diana

40

In good order, about 10 years old

La Pila

40

In good order

In the arsenal there are 16 or 18 gun boats, carrying a long 24 pounder, and 30 men belonging to each. During the last war they had floating batteries, carrying from 8 to 10 long 24 pounders, with a furnace for heating shot. One of them lay at Rides the most of the war.
NO. 33.—Extract of a Letter from Rear-Adm. Cochrane to the Hon. Adm. Cornwallis, dated on board his Maj.'s ship the Northumberland, off Ferrol, the 25 th Oct. 1804—The Spanish line of battle ships are in a state so as to be ready in a few days. The baking of biscuit goes on; all their ovens are at work; most of the water is on board; and the ships are kept in a more immediate state for service than they have been for a twelve-month past. The Duguaytrouin will be out of the dry dock next spring tide. When the Redoubtable goes in the Fougneux is nearly ready to come out of the basin. I have reason to think that they have now a sufficiency of men for 4 of their line of battle ships, if not the whole.—Parties continue to arrive from France.

DECLARATION, DATED DOWNING-STREET, JAN. 1805.
From the moment that hostilities had commenced between Great Britain and France, a sufficient ground of war against Spain, on the part of G. Britain, necessarily followed from the treaty of St. Ildephonso, if not disclaimed by Spain.—That treaty, in fact, identified Spain with the republican govt. of France, by a virtual acknowledgment of unqualified vassalage, and by specific stipulations of unconditional offence,—By the articles of that treaty Spain covenanted to furnish a stated contingent of naval and military force for the prosecution of any war in which the French republic might think proper to engage, She specifically surrendered any right or pretension to enquire into the nature, origin, or justice of that war. She stipulated, in the first instance, a contingent of troops and ships, which, of itself, comprises no moderate proportion of the means at her disposal; but in the event of this contingent being at any time found insufficient for the purposes of France, she fur-

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ther bound herself to put into a state of activity the utmost force, both by sea and land, that it should be in her power to collect. She covenanted that this force should be at the disposal of France, to be employed conjointly or separately for the annoyance of the common enemy; thus submitting her entire power and resources to be used as the instruments of French ambition and aggression, and to be applied in whatever proportion France might think proper, for the avowed purpose of endeavouring to subvert the govt. and destroy the national existence of G. Britain.—The character of such a treaty gave G. Brit, an incontestible right to declare to Spain, that unless she decidedly renounced the treaty, or gave assurances that she would not perform the obligations of it, she would not be considered as a neutral power.—This right, however, for prudential reasons, and from motives of forbearance and tenderness towards Spain, was not exercised in its full extent; and, in consequence of assurances of a pacific disposition on the part of the Spanish govt. his maj. did not, in the first instance, insist on a distinct and formal renunciation of the treaty. It does not appear that any express demand of succour had been made by France before the month of July 1803; and on the first notification of the war, his maj.'s minister at the court of Madrid was led to believe, in consequence of communications which passed between him and the Spanish govt. that his Catholic maj. did not consider himself as necessarily bound by the mere fact of the existence of a war between G. Brit, and France, without subsequent explanation and discussion, to fulfil the stipulations of the treaty of St. Ildephonso, though the articles of that treaty would certainly give rise to a different interpretation. In the month of Oct. a convention was signed, by which Spain agreed to pay to France a certain sum monthly, in lieu of the naval and military succours which they had stipulated by the treaty to provide; but of the amount of this sum, or of the nature of any other stipulations which that convention might contain, no official information whatever was given.—It was immediately slated by his maj.'s ministers at Madrid to the Spanish govt. that a subsidy as large as that which they were supposed to have engaged to pay to France, far exceeded the bounds of forbearance; that it could only meet with a temporary connivance, as, if it was con-
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tinued, it might prove in fact a greater injury than any other hostility. In reply to these remonstrances, it was represented as an expedient to gain time, and assurances were given, which were confirmed by circumstances, which came to his maj.'s knowledge from other quarters, that the disposition of the Spanish govt. would induce them to extricate themselves from this engagement, if the course of events should admit of their doing so with safety. When his maj. had first reason to believe that such a convention was concluded, he directed his minister at the court of Madrid to declare that his forbearing to consider Spain as an enemy must depend in some degree upon the amount of the succours, and upon her maintaining a perfect neutrality in all other respects; but that it would be impossible for him to consider a permanent payment, to the amount of that which was stated to have been in agitation in any other light than as a direct subsidy for war. His maj.'s envoy was directed, therefore, first to protest against the convention, as a violation of neutrality, and a justifiable cause of war; secondly, to declare, that our abstaining from hostilities must depend upon its being only a temporary measure, and that we must be at liberty to consider a perseverance in it as a cause of war; thirdly, that the entrance of any French troops into Spain must be refused; fourthly, that any naval preparation must be a great cause of jealousy, and any attempt to give naval assistance to France an immediate cause of war; fifthly, that the Spanish ports must remain open to our commerce, and that our ships of war must have equal treatment with those of France. His maj.'s minister was also instructed, if any French troops entered Spain, or if he received authentic information of any naval armaments preparing for the assistance of France, to leave Madrid, and to give immediate notice to our naval commanders, that they might proceed to hostilities without the delay that might be occasioned by a reference home.—The execution of these instructions produced a variety of discussions; during which his maj.'s minister told M. Cevallos, in answer to his question, Whether a continuance of such pecuniary succours to France would be considered as a ground of war, and whether he was authorised to declare it? that he was so authorised, and that war would be the infallible consequence.—It was, however, still thought desirable by

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his maj. to protract, if possible, the decision of this question; and it was therefore stated in the instructions to his minister at Madrid, that as the subsidy was represented by the Spanish govt. to be merely a temporary measure, his maj. might still continue to overlook it for a time; but that his decision hi this respect must depend upon knowing the precise nature of all the stipulations between Spain and France, and upon the Spanish govt. being determined to cause their neutrality to be respected in all other particulars. That until these questions were answered in a satisfactory manner, and the convention communicated to him, he could give no positive answer whether he would make the pecuniary succours a cause of war or not.—Before the receipt of these instructions, dated Jan. 21, 1804, the report of some naval armaments in the ports of Spain had occasioned a fresh correspondence between his maj.'s minister and the Spanish govt. In one of the notes presented by the former, he declares, that if the king was forced to begin a war, he would want no other declaration than what he had already made. The answers of the Spanish govt. were at first of an evasive nature; his maj.'s minister closed the correspondence on his part by a note delivered on the 18th Feb. in which he declares that all farther forbearance on the part of England must depend upon the cessation of all naval armaments, and a prohibition of the sale of prizes in their ports; and unless these points were agreed to without modification, he had orders to leave Madrid. On the 2nd of these points a satisfactory-answer was given, and orders issued accordingly; on the 1st a reference was made to former declarations. To the question about disclosing the treaty with France, no satisfactory answer was ever given. As, however, no naval preparations appeared to be proceeding at that period in the ports of Spain, the matter was allowed to remain there for a time.—In the month of July 1804, the govt. of Spain gave assurances of faithful and settled neutrality, and disavowed any orders to arm in their port; yet in the subsequent month, when these assurances were recent, and a confident reliance reposed in them, the British charge d'affaires received advice from the admiral commanding his maj.'s ships off the port of Ferrol, that reinforcements of Soldiers and sailors had arrived through Spain for the fleets at Toulon and Ferrol.
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On this intelligence, two notes were presented to the Spanish ministers, but no answer received to either of them. Towards the end of the month of Sept. information was received in London from the British admiral stationed off Ferrol, that orders had actually been given by the court of Madrid for arming, without loss of time, at that port, 4 ships of the line, 2 frigates, and other smaller vessels; that (according to his intelligence) similar orders had been given at Carthagena and Cadiz, and particularly that 3 first-rate ships of the line were directed to sail from the last-mentioned port; and, as an additional proof of hostile intentions, that orders had been given to arm the pacquets as in time of war.—Here then appeared a direct and unequivocal violation of the terms On which the continuance of peace had been acquiesced in; previous notice having been given to the Spanish govt. that a state of war would be the immediate consequence of such a measure, his maj. on this event stood almost pledged to an instant commencement of hostilities; the King, however, preferred a persevering adherence to the system of moderation so congenial to his disposition: he resolved to leave still an opening for accommodation, if Spain should be still allowed the liberty to adopt the course prescribed by a just sense of her own interests and security. It is here worthy of remark, that the groundless and ungrateful imputations thrown out against his maj.'s conduct in the Spanish manifesto, are built upon the foundation of this forbearance alone. Had his maj. exercised without reserve his just rights of war, the representations so falsely asserted, and so insidiously dwelt upon, could not have been even stated under any colourable pretext: the indulgence, therefore, which postponed the actual state of war, was not only misrepresented, but transformed into a ground of complaint, because the forbearance extended to the aggressors was not carried to a dangerous and inadmissible extreme. In consequence of the intelligence above stated, directions were sent to his maj.'s minister at Madrid, to make representations and remonstrances to the Spanish court, to demand explanations relative to the existing conventions between Spain and France; and, above all, to insist, that the naval armaments fit their ports should be placed on the same footing as they were previous to the com-

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mencement of hostilities between G. Brit, and France: and he was further directed, explicitly to state to the Spanish govt. that his maj. felt a duty imposed upon him of taking, without delay', every measure of precaution; and particularly of giving orders to his admiral off the port of Ferrol, to prevent any of the Spanish ships of war sailing from that port, or any additional ships of war from entering it.—No substantial redress, no satisfactory explanation, was afforded in consequence of these repeated representations; whilst, under the cover of his maj.'s forbearance, the enemy had received considerable remittances of treasure, together with the facility of procuring other supplies.—Every circumstance of the general conduct of Spain was peculiarly calculated to excite the vigilant attention of the British govt.: the removal of Spanish ships out of their docks, to make room for the accommodation of the men of war of France; the march of French troops and seamen through the Spanish territory; the equipment of naval armaments at Ferrol; the consideration that the junction of this armament with the French ships already in that harbour, would create a decided superiority of numbers over his maj.'s squadron cruising off that port; the additional naval exertions, and the consequent increase of expence which this conduct of Spain necessarily imposed upon G. Brit. All these together required those precautions, both of representation and action, to which his maj. had immediate recourse. While official notice was given of his maj.'s intention to adopt those necessary measures, the Spanish govt. was at the same time assured, that his maj. still felt an earnest desire to maintain a good understanding with Spain; but that the continuance of such a state of things must be subject to the condition of abstaining on their part from all hostile preparations, and on making, without hesitation or reserve, that full and explicit disclosure of the nature and extent of the subsisting engagements with France, which had hitherto been so frequently and fruitlessly demanded; The precautions adopted by his maj. were such only as he deemed indispensably necessary to guard against the augmentation by Spain other means of naval preparation during the discussion, and against the possible consequences of the safe arrival of the expected American treasure in the Spanish ports; an event which, has more
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than once, in former times, become the epoch of the termination of discussions, and of the commencement of hostility on the part of Spain.—The orders issued by his maj. on this occasion, to the admirals commanding his fleets, afford the most striking example of a scrupulous and indulgent forbearance; the most strict limitation was given as to the extent and object of the measures proposed; and the execution of those orders was guarded with the strongest injunctions to avoid, by every means consistent with the attainment of their object, any act of violence or hostility against the dominions or subjects of his Cath. maj. The hostile preparations in the harbour of Ferrol rendered it necessary, in the first instance, that a reinforcement should be added to the squadron cruizing off that port; and orders were, at the same time, conveyed to the British admirals, to send intimation to the Spanish govt. of the instructions they had received, and of their determination in consequence to resist, under the present circumstances, the sailing either of the French or Spanish fleets, if any attempt for that purpose should be made by either of them.—His maj.'s pleasure was at the same signified, that they were not to detain, in the first instance, any ship belonging to his Cath. maj. sailing from a port of Spain; but to require the commander of such ship to return directly to the port from whence she came, and only, in the event of his refusing to comply with such requisition, to detain or send her to Gibraltar, or to England.—Further directions were given not to detain any Spanish homeward-bound ships of war, unless they should have treasure on board, nor merchant ships of that nation, however laden, on any account whatsoever. That, in the prosecution of these measures of precaution, many valuable lives should have been sacrificed, is a subject of much regret to his maj. who laments it as an event produced alone by an unhappy concurrence of circumstances, but which in no degree affect the merits of the case. The question of the just principle, and due exercise of his maj.'s right, rests upon every foundation of the laws of nature and of nations, which enjoin and justify the adoption of such measures as are requisite for defence, and the prevention of aggression.—It remains only further to observe, that if any additional proof were requisite of the wisdom and necessity of precautionary measures, that proof would be found even

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in the declaration relied upon in the manifesto of Spain, in which its govt. now states itself to have contemplated from the beginning of the war, the necessity of making itself a party to it, in support of the pretensions of France, expressly declaring, that "Spain and Holland, who treated conjointly with France at Amiens, and whose interests and political relations were so closely connected with her, must have with difficulty refrained from taking part against the injuries and insults offered to their ally.—It will further appear by a reference to the dates and results of the several representations made by his maj.'s charge d'affaires at the court of Spain, that the detention of the Spanish treasure ships never was in question during the discussions which preceded his departure from Madrid. That ground of complaint, therefore, which has since been so much relied upon, formed no part of the motive of the previous hostile character so strongly manifested by the Spanish court in their mode of treating the points in discussion, nor, as will appear in the sequel, of the final rupture of the negotiation at Madrid.—On the 26th of Oct. 1804, his maj.'s charge d'affaires presented a note to the Spanish minister, in which the following conditions were insisted upon, as preliminary to the appointment of a minister from G. Brit, who might treat of the adjustment of other matters which remained for discussion. The conditions were three, first, "that the orders given at Ferrol Cadiz, and Carthagena, should be countermanded, as well for the equipment of ships of war in any of those ports as for their removal from one of those ports to another. 2d, that not only the present armaments should be discontinued, but that the establishment of ships of war in the different ports should be replaced on the footing on which they stood at the commencement of hostilities between England and France. 3d. that a full disclosure should be made of the existing engagements, and of the future intentions of Spain with respect to France. From the period above-mentioned to the 2d of Nov. several official notes passed between his maj.'s charge d'affaires and the Spanish minister, consisting, with little variation in their tenor, of urgent demands of satisfaction on the one side, and of evasive and unsatisfactory replies on the other. After repeated delays and reiterated applications, his maj.'s charge d'affaires received his passports on the 7th of Nov. and departed from Madrid on the 14th of that month, During
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the whole of this negotiation, no mention was made of the detention of the Spanish treasure ships, nor does it any where appear, that an account had been received at Madrid of that transaction. It is evident, therefore, notwithstanding the attempt made by the Spanish court to avail itself of that event, in the manifesto which has been since published, that the state of war must equally have arisen between G. Brit, and Spain, had the detention never taken place; and that, in point of fact, the rupture ultimately took place upon grounds distinct from, and totally unconnected with, that measure.—The leading circumstances which characterise the reiterated abuse of his maj.'s moderation, were each of them of a nature to have exhausted any less settled system of lenity and forbearance. Succours afforded to his enemies; explanations refused or evaded, after repeated demands; conditions violated, after distinct notice, that on them depended the continuance of peace. Such has been the conduct of the Spanish court; and it is, under these circumstances, that his maj. finds the domineering influence of France exerted, and the Spanish nation in a state of declared and open war.—His maj. appeals with confidence to all Europe for the acknowledgment of his exemplary moderation in the whole course of these transactions. His maj. feels, with regret, the necessity which places him in a state of hostility with Spain; and would, with heartfelt satisfaction observe, on the part of that country, the assumption of a more dignified sense of national importance, and a more independent exercise of sovereign rights.—His maj. would, indeed, be most happy to discover in the councils of Spain, a reviving sense of those ancient feelings and honourable propensities, which have at all times been so congenial to the Spanish character, and which, in better limes, have marked the conduct of its govt. His maj. will, on his part, eagerly embrace the first, opportunity thus offered, of resuming a state of peace and confidence with a nation, which has so many ties of common interest to connect it with G. Brit, and which he has hitherto been ever disposed to regard with sentiments of the utmost consideration and esteem.

MINUTES.—
On the motion of Lord Walsingham, it was ordered, that no reports of private bills should be received after the 10th of April.—Lord Mulgrave presented the papers respecting the war with Spain, which he moved should be taken into consideration on Thursday next. Ordered.
CONDUCT OF JUDGE FOX.—
The Marquis of Abercornmoved for the appointment of a committee to consider of the matters alledged against Judge Fox, and to hear such evidence as might be adduced in their support. A short conversation ensued between the lord chancellor, lord Hawkesbury, and the marquis of Abercorn; after which the motion was agreed to, and the committee ordered to meet on the 7th of Feb. The committee to consist of all the lords who have been present this-session. The petitions presented against the judge were ordered to be referred to the committee.—Adjourned.