blication of the 'Portfolio' to be continued, they kept
shifting and shirking in hopes of not committing themselves
materially. It is pretty clear that Backhouse really disliked the
whole thing, had no mind to meddle with the 'Portfolio,' or mix
himself up with Urquhart, and it was only the official obligation
that was imposed upon him by Palmerston's wishes which induced
him very reluctantly to engage in the business even so far as he
did, and it is very painful to see his early struggles to keep
clear of it, and his present abortive attempts to wriggle out of
his concern with the publication. It is Palmerston on whom the
blame ought to rest, and on whom it will rest, only nobody seems
to take the least interest in the dispute, and he brazens it out
in a very unblushing manner. I am more particularly struck with
the meanness here exhibited, from having just been reading Lord
Chatham's correspondence, in which his noble and lofty character,
so abhorrent of everything like trickery, shabbiness, and
underhand dealing, shines forth with peculiar lustre. It is
animating and refreshing to turn to the contemplation of this
really great and noble mind, even more remarkable I think for
dignity of sentiment and purity of motive, than for eloquence and
capacity.

[13] [Mr. Backhouse was at this time permanent Under
Secretary of State for Foreign Affairs. He filled this
office from 1827 till 1842.]

February 6th, 1839 {p.160}

Last Friday the Serjeants' case came on again before the Privy
Council. The Attorney and Solicitor made a sort of reply to
Austin, but acknowledged that the mandate was not binding on the
Court of Common Pleas; in fact, that it was illegal. Brougham was
very angry, and kept battling with counsel or with Wynford,
Abinger, or others of the Lords, though not violently. They were
anxious to get rid of the question if possible, and to avoid
making a report to the Queen. The conclusion (pretty nearly
unanimous) to which they came was, that the order was illegal,
but that it was neither expedient that matters should return to
their former, nor remain in their present state; and they agreed
to adjourn the consideration of the question. They then separated
with an understanding that a Bill should be brought in directly
to settle the dispute, and they don't intend to meet again upon
it till this Bill has been passed. Thus they will avoid making
any report at all.

Brougham and Lyndhu