FORE:On the 18th of February, Colonel Fitzpatrick, Fox's most intimate friend, presented another petition from the electors of Westminster, praying to be heard by counsel, in consequence of new facts having come to light, but Lord Frederick Campbell, on the part of Government, moved that such counsel should not argue against the legality of the scrutiny. The counsel, on being admitted, refused to plead under such restrictions. The House then called in the high bailiff, and demanded what the new facts were on which the petition was based, and he admitted that they were, that the party of Mr. Fox had offered to take the scrutiny in the parishes of St. Margaret's and St. John's alone, where Mr. Fox's interest was the weakest, in order to bring the scrutiny to an end, and that Sir Cecil Wray had declined the offer. Colonel Fitzpatrick then moved that the high bailiff should be directed to make a return, according to the lists on the close of the poll on the 17th of May last. This motion was lost, but only by a majority of nine, showing that the opinion of the House was fast running against the new Minister, and on the 3rd of March Alderman Sawbridge put the same question again, when it was carried by a majority of thirty-eight. It was clear that the Government pressure could be carried no further. Sawbridge moved that the original motion should be put, and it was carried without a division. The next day the return was made, and Fox and Lord Hood were seated as the members for Westminster. Fox immediately moved that the proceedings on this case should be expunged from the journals, but without success. He also commenced an action against the high bailiff for not returning him at the proper time, when duly elected by a majority of votes. He laid his damages at two hundred thousand pounds, and the trial came on before Lord Loughborough, formerly Mr. Wedderburn, in June of the following year, 1786, when the jury gave him immediately a verdict, but only for two thousand pounds, which he said should be distributed amongst the charities of Westminster.And, in truth, everything now seemed to run counter to Walpole, and to tend towards war. His colleague, the Duke of Newcastle, who had been one of the most obsequious of subordinates both under Stanhope and Walpole, now thought he should serve himself decidedly by advocating war. The king was naturally of a martial turn; he had won some military repute in his youth, and he was no longer under the exceedingly sensible guidance of the queen. Newcastle, therefore, probably in the hope of supplanting Walpole, fostered this spirit in the king, and took advantage of it to recommend warlike measures in the Cabinet, and to send despatches to the British ambassadors in Spain, which but for the energy and wisdom of Walpole might have done irreparable mischief, and which rendered the negotiations extremely difficult. Lord Chancellor Hardwicke and Lord Harrington arrayed themselves on the same side, and blew the war-note in the House of Lords with unrestrained zeal. There was a time when Walpole would have had[71] these antagonistic colleagues dismissed; but both he and they saw too well that there was such a strong war spirit in both king and people, that no such thing was possible. He therefore pursued his efforts with the Court of Spain for peaceable conclusions, at the same time that he fell in so far with the belligerent spirit as to make active preparations as if for an encounter. This, however, was his last and most powerful argument for peacean argument meant to tell on the fears, as he could not reach a spirit of conciliation in the Spaniards.