THREE: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 session of Parliament closing on the 26th of May, George took his annual trip to Hanover, leaving, as usual, the queen to act as Regent. She found her duties this year by no means light. Everyone is acquainted with the Porteous Riots, as they are described by the inimitable pen of Sir Walter Scott in "The Heart of Midlothian." The simple historic facts are these:Two noted smugglers from Fife, Wilson and Robertson, were condemned to death for a robbery, and were confined in the Tolbooth of Edinburgh. They made a determined effort to effect their escape before the day of execution. Wilson, who would go first, being a man of a corpulent though very powerful build, wedged himself fast in the window, and could neither get out nor draw back again. He was found thus in the morning, and the two prisoners were again secured. Wilson lamented that by his own eagerness he had prevented Robertson from going first, who, from his slenderer person, could easily have escaped. Before execution it was the custom at that period in Scotland to conduct the prisoners about to suffer, under a strong guard, to church. This being done in the case of these two men, just as the service was concluded, Wilson suddenly laid hold of two of the four soldiers who guarded them, called out to Robertson to run for his life, and detained the third soldier by seizing him by the collar with his teeth. He escaped, and was never seen in Edinburgh again. This daring scheme, so cleverly executed, raised the admiration of the bravery and magnanimity of Wilson to the highest pitch. At his execution the soldiers were attacked with stones. Porteous, who commanded the guard, fired upon the mob. For this he was condemned to death, but was reprieved by Queen Caroline after full inquiry. The people in fury attacked the Tolbooth, the magistrates and the[67] commander of the troops were afraid to act, the prison was broken open, and Porteous hanged on a barber's pole. All attempts to discover the perpetrators of the outrage failed.
