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THREE:The Emigrants had continued to flock to Coblenz, and their number, with their families, now amounted to nearly one hundred thousand of the most wealthy and influential class in France. They continued to make preparations for war, and it is no wonder that the people of France beheld their menacing attitude with uneasiness. Though the king publicly wrote letters to the Emigrants, desiring them to return to their country, and employ themselves as good citizens under the Constitution, there was a strong suspicion that he privately gave them different advice. That the king did maintain a secret correspondence with some of the insurgents is certain; but it is neither proved, nor does it appear probable, that he sanctioned their intention of making war on the country. But their obstinate absence drove the Assembly now to such severe measures against them as compelled Louis to exercise his veto in their favour, and he thus destroyed his popularity with the public, and caused himself to be considered as really in league with the Emigrants. Nevertheless, it was the advice of all the king's Ministers, as well as it appears to have been his own feeling, that they should return, for they[388] might have added immensely to the influence in favour of the throne. Louis, therefore, again exhorted the Emigrants to return; but they continued inflexible. He next wrote to the officers of the army and navy, deploring the information that he had received that they were quitting the service, and that he could not consider those his friends who did not, like himself, remain at their posts; but this was equally ineffectual, and the Minister of War reported to the Assembly that one thousand nine hundred officers had deserted. The Assembly was greatly incensed; the Girondists deemed it a good opportunity to force the king to deal a blow at the nobility and at his own brothers. On the 20th of October Brissot ascended the tribune, and demanded measures of severity against the Emigrants. At the close of the debate a decree was passed requiring the king's brothers to return to France within three months, on pain of forfeiting all their rights as citizens, and their claims as princes on the succession to the Crown. On the 9th of November a second decree was passed, declaring that all Frenchmen assembled on the frontiers were suspected of conspiracy against the country; that all such as should continue there till the 1st of January should be treated as traitors; that princes and public functionaries should become amenable to the same punishments; that the incomes of all such Emigrants, from lands, moneys, or offices, should from the present moment be sequestrated; that a court should be appointed in January to try them; and that any Frenchman, after this, crossing the frontiers, or found guilty of endeavouring to seduce the people from their allegiance, should be put to death.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.