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The result of the Duke's deliberations upon the crisis and the duty of Government respecting it was stated at length in an unpublished manuscript, left in his own handwriting, and is probably a copy of the memorandum sent to the king. The following is the substance of the Duke's reflections as given in Mr. Gleig's "Life of Wellington":From the Painting by Andrew C. Gow, R.A.But the League did more than attempt to convert the country party. They determined to create a country party of their own. They had already taken up the registration of voters in the[510] boroughs, from which they proceeded, with that practical common sense which had distinguished nearly all their movements, to inquire into the position of the country constituencies, where hitherto the landowners had held undisputed sway. The scheme which resulted from this incursion into the dominions of the enemy was developed by Mr. Cobden at a meeting in the Free Trade Hall, Manchester, on the 24th of October, 1844. The Chandos clause in the Reform Act, giving the tenant-farmers votes for county members, had so strengthened the landlords' influence in the county that opposition at most of the county elections was hopeless. But Mr. Cobden showed his hearers that the counties were really more vulnerable than the small pocket boroughs. In many of these there was no increase from year to year in the number of votersno extension of houses. The whole property belonged to a neighbouring noble, and as Mr. Cobden said, "You could no more touch the votes which he held through the property than you could touch the balance in his banker's hands." But the county constituency might be increased indefinitely, for there it required but a freehold property of the value of forty shillings a year to give a man a vote. This sum had been adopted from an ancient regulation, when money was of far greater value, and land of far less money worth than it was then; but the forty-shilling qualification existed, and was a powerful engine for the creation of voters. Up to that time it had had but little effect. The laws of England, but more especially the habits and prejudices of landowners, had always kept the land of the county in so few hands as to present an extraordinary contrast with the condition of things in all other nations of Europe. The danger of the forty-shilling clause to aristocratic influence in the county was not perceived, simply because forty-shilling freeholders were rare. But there was no reason why they should be rare. The passion for possessing freehold land was widely spread, and a few facilities offered for purchasing it would soon create a large number of small holders. The chief difficulty in the way of this had hitherto been the great cost of transferring land. Owing to the complicated laws of real property, the land, unlike other articles, could only be bought and sold after a minute investigation into the owner's title, which necessitated an historical account of the ownership extending back over many years. All this, however, the League could easily obviate. They could buy land in the lump, register its title once for all, and part it into small pieces for small buyers. "This," remarked Mr. Cobden, "must be done," and it was done. The Conservative party sneered at the Manchester man's proposition of serving land over a counter, like calico, by the yard; but the movement soon began to tell upon elections, and to alarm the great landed proprietors.
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[See larger version]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.
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