TWO:The chiefs of the Tory party were at this time sanguine in their expectation of being speedily called to office. Their hopes were founded mainly upon the dissensions that were known to exist in the Cabinet. These dissensions were first revealed by O'Connell's motion for a committee to inquire into the conduct of Baron Smith, when presiding as a judge in criminal cases, and especially with reference to a charge addressed by him to the grand jury of Dublin, in which he said: "For the last two years I have seldom lost an opportunity for making some monitory observations from the Bench. When the critical and lawless situation of the country did not seem to be generally and fully understood, I sounded the tocsin and pointed out the ambuscade. Subsequent events deplorably proved that I had given no false alarm. The audacity of factious leaders increased from the seeming impunity which was allowed them; the progress of that sedition which they encouraged augmented in the same proportion, till on this state of things came, at length, the Coercion Bill at once to arrest the mischief, and consummate the proof of its existence and extent." As there was no doubt that these shafts were aimed at O'Connell, this last charge afforded him a fair opportunity of putting a stop to the abuse by bringing the conduct of the talented but eccentric judge before Parliament; for, as there was no political case in the calendar, there was no excuse for the attack. Mr. Littleton declared it impossible to refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord John Russell expressed a similar view. Sir James Graham briefly but warmly dissented from his colleagues. He had come down to the House with the understanding that they meant to oppose the motion. He for one still retained his opinion, and had seen no reason to change it. As one who valued the independence of the judges and his own character, he must declare that if the motion were carried, and if, as its result, an Address was presented to the Crown for the removal of Baron Smith, it would be a highly inexpedientnay, more, a most unjust proceeding. The present would be the most painful vote he had ever given, since he felt it incumbent upon him to sever himself from those friends with whom during a public life of some duration he had had the honour of acting; but feeling as he did the proposition to be one dangerous in itself, he conceived he would be betraying the trust committed to him if he did not declare against it. Baron Smith was ably defended by Mr. Shaw, by Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a committee of inquiry was carried by 167 to 74, Sir James Graham and Mr. Spring-Rice voting in the minority. Next morning Sir James tendered his resignation as First Lord of the Admiralty, which was declined, and in the following week the vote was rescinded by a majority of six.The Duke withdrew much dissatisfied with the turn affairs had taken, and distrustful of the issue. In a parting interview with the Emperor of Russia, the latter spoke at length in strong disapprobation of the refusal of England to co-operate in putting down revolution, and said, in conclusion, that Russia was prepared for every eventuality. "She was able, with the support of Austria and Prussia, to crush revolution both in France and Spain; and, if the necessity should arise, she was determined to do so." The Duke heard his Imperial Majesty to an end, and then ventured to assure him that the only thing for which Great Britain pleaded was the right of nations to set up whatever form of government they thought best, and to manage their own affairs, so long as they allowed other nations to manage theirs. Neither he nor the Government which he represented was blind to the many defects which disfigured the Spanish Constitution; but they were satisfied that they would be remedied in time. The Emperor could not gainsay the justice of these remarks, but neither was he willing to be persuaded by them; so, after expressing himself well pleased with the settlement of the Turkish question which had been effected, he embraced the Duke, and they parted.
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