Endowed with these qualities, the whole career of James Duke of Hamilton

was a struggle between his love for his country, and his consideration

for what he esteemed its truest interests, and his desire to support the

claims of the royal family of Stuart. His political career has been

criticised by writers of every faction; but it must be judged of as

having taken place in times of peculiar difficulty, and a due credit

should be given to the motives of one who displayed, during the greater

portion of his life, forbearance and consistency. "Had not his loyalty

been so unalterable," writes Lockhart, "and that he would never engage

in King William's and his Government's service, and his love to his

country induced him to oppose that King and England's injustice and

encroachments on it, no doubt he had made as great a figure in the world

as any other whatsoever, and that either in a civil or military

capacity."[34] "The Duke of Hamilton's love for his country," observes a

contemptuous, anonymous assailant, "made him leave London, and follow

King James, who had enslaved it. His love to his country had engaged him

in several plots to restore that prince, and with him, tyranny and

idolatry, poverty and slavery."[35] Upon the odious principle of always

seeking out for the lowest and the most selfish motive that can actuate

the conduct of men,--a principle which is thought by weak and bad minds

to display knowledge of the world, but which, in fact, more often

betrays ignorance,--another part of his conduct was misjudged. The

reluctance of the Duke of Hamilton, in 1704, to nominate a successor to

the throne of England, before framing the treaty touching "the Commerce

of Scotland and other Concerns," was ascribed by many to the remote hope

of succeeding to the Crown, since, in case of the exclusion of the

Princess Sophia and her descendants, his family was the next in

succession, of the Protestant Faith. Such was one of the reasons

assigned for the wise endeavour which this nobleman exerted to prevent

an invasion of the kingdom by James Stuart during the reign of Anne, and

such the motive adduced for his advice to the Chevalier to maintain

terms of amity with his royal sister. It was the cause calumniously

assigned of his supposed decline in attachment to the exiled family.[36]

But, notwithstanding the inference thus deduced, the Duke of Hamilton

continued to enjoy, in no ordinary degree, popular applause and the

favour of Queen Anne, until his tragical death in 1712 occurring just

before the Rebellion of 1715, spared him the perplexity of deciding on

which side he should embark in that perilous and ill-omened

insurrection.

This celebrated statesman,--one who never entered into a new measure,

nor formed a project, ("though in doing thereof," says Lockhart, "he was

too cautious") that he did not prosecute his designs with a courage that

nothing could daunt,--now determined to win over the Earl of Mar from

the Duke of Queensbury. The Duke of Hamilton was the more induced to the

attempt, from the frequent protestations made by the Earl of Mar of his

love for the exiled family; and he applied himself to the task of

gaining this now important ally with all the skill which experience and

shrewdness could supply. Hamilton was considered invincible in such

undertakings, and was master of a penetration which no one could

withstand. "Never was," writes Lockhart, "a man so qualified to be the

head of a party as himself; for he could, with the greatest dexterity,

apply himself to, and sift through, the inclinations of different

parties, and so cunningly manage them, that he gained some of all to

his." But the Duke met in Lord Mar with one equally skilled in diving

into motives, and in bending the will of others to his own projects. In

the encounter of these two minds, the Duke is said to have been worsted

and disarmed; and the Earl of Mar, by his insinuations, is suspected to

have materially influenced the conduct of that great leader of party. "I

have good reason to suppose," says Lockhart, "that his Grace's appearing

with less zeal and forwardness in this ensuing than in former

Parliaments, is attributable to some agreement passed between them

two."[37]

For the effect of his newly-acquired influence over the Duke of

Hamilton, and for his other services in promoting the Union, the Earl of

Mar was amply rewarded. During the Parliament of 1705, he was

constituted one of the Commissioners of that Treaty, his name being

third on the list. In 1706, he was appointed one of the Secretaries of

State for Scotland; and afterwards, upon the loss of that office, in

consequence of the Union between the two countries, he was compensated

by being made Keeper of the Signet, with the addition of a pension.[38]

Those who were the promoters of the Treaty must have required some

consolation for the general opprobrium into which the measure brought

the Commissioners. The indignant populace converted the name of

"Treaters" into Traitors: the Parliament Close resounded with "very free

language," denouncing the "Traitors." That picturesque enclosure, since

destroyed by fire, was crowded by a vehement multitude, who rushed into

the outer Parliament House to denounce the Duke of Queensbury and his

party, and to cheer the Duke of Hamilton, whom they followed to his

residence in Holyrood House, exhorting him to stand by his country, and

assuring him of support. The tumults were, indeed, soon quelled by

military force; but the deliberations of Parliament were carried on at

the risk of summary vengeance upon the "Traitors:" and the eloquence of

members was uttered between walls which were guarded, during the whole

session, by all the military force that Edinburgh could command. The

Duke of Queensbury was obliged to walk "as if he had been led to the

gallows,"[39] through two lanes of musqueteers, from the Parliament

House to the Cross, where his coach stood; no coaches, nor any person

who was not a member, being allowed to enter the Parliament Close

towards evening: and he was conveyed in his carriage to the Abbey,

surrounded both by horse and foot guards.

On the 1st of May, 1707, the Articles of Union were ratified by the

Parliament of England. That day has been set down by the opponents of

the measure as one never to be forgotten by Scotland,--the loss of their

independence and sovereignty. Superstition marked every stage of the

measure as happening upon some date adverse to the Stuarts. On the

fourth of November the first Article of the Union was approved; on a

fourth of November was William of Orange born. On the eighth of January

the Peerage was renounced; on an eighth of January was the warrant for

the Murder at Glencoe signed. The ratification of the Article of Union

was on the sixteenth of January. On a sixteenth of January was the

sentence of Charles the First pronounced. The dissolution of the

Scottish Parliament took place upon the twenty-fifth of March, according

to the Old Style, New Year's Day: that concession might therefore be

esteemed a New-year's Gift to the English.

Finally,--The Equivalent, or Compensation Money, that is, "the price of

Scotland," came to Edinburgh on the fifth of August, the day on which

the Earl of Gowrie designed to murder James the Sixth.[40]

The discontents and tumults which attended the progress of the Union ran

throughout the whole country, and pervaded all ranks of people. Yet it

is remarkable, that the nobility of Scotland should have been the first

to fail in their opposition to the measure; and that the middle ranks,

together with the lowest of the people, should have been foremost to

withstand what they considered as insulting to the independence of their

country. The very name and antiquity of their kingdom was dear to them,

although there remained, after the removal of James the First into

England, little more than "a vain shadow of a name, a yoke of slavery,

and image of a kingdom."[41] It was in vain that the Duke of Hamilton

had called, in the beginning of the debates on this measure, upon the

families of "Bruce, Campbell, Douglas," not to desert their country: the

opposition to the Union was bought over, with many exceptions, with a

price;--twenty thousand pounds being sent over to the Lords

Commissioners to employ in this manner, twelve thousand pounds of which

were, however, returned to the English Treasury, there being no more who

would accept the bribe. The Earl of Mar and the Earl of Seafield had

privately secured their own reward, having bargained "for greater

matters than could be agreed upon while the kingdom of Scotland stood in

safety."[42]

Amidst the resentment of the Scotch for their insulted dignity, it is

amusing to find that this Union of the two countries could be deemed

derogatory to English dignity; yet Dean Swift, among others, considered

it in that light. "Swift's hatred to the Scottish nation," observes Sir

Walter Scott, "led him to look upon that Union with great resentment, as

a measure degrading to England. The Scottish themselves hardly detested

the idea more than he did; and that is saying as much as possible."[43]

Swift vented his wrath in the verses beginning with these lines:

"The Queen has lately lost a part

Of her entirely-English heart,[44]

For want of which, by way of botch,

She piec'd it up again with Scotch.

Blest Revolution! which creates

Divided hearts, united states!

See how the double nation lies

Like a rich coat with skirts of frize:

As if a man in making posies,

Should bundle thistles up with roses!"

That the conduct of Lord Mar throughout this Treaty was regarded with

avowed suspicion, the following anecdote tends to confirm: Lord

Godolphin, at that time First Lord of the Treasury, wishing to tamper

with one of a combination against the Queensbury faction, sent to offer

that individual a place if he would discover to him how the combination

was formed, and in what manner it might be broken. But the gentleman

whose fidelity he thus assailed, was true to his engagements; and

returned an indignant answer, desiring the Lord Treasurer's agent "not

to think that he was treating with such men as Mar and Seafield."[45]

At this time the Earl of Mar was said to be in the full enjoyment of

Lord Godolphin's confidence, and to have been one of those whom the

treasurer consulted, in settling the government of Scotland. The rumour

was not conducive to his comfort or well-being in his native country;

and the Earl appears to have passed much more time in intrigues in

London than among the gardens of Alloa.

It was not long before the effects of the general discontent were

manifested in the desire of the majority of the Scottish nation to

restore the descendant of their ancient kings to the throne, and even

the Cameronians and Presbyterians were willing to pass over the

objection of his being a Papist. "God may convert the Prince," they

said, "or he may have Protestant children, but the Union never can be

good."[46] The middle orders openly expressed their anxiety to welcome a

Prince to their shores, whom they regarded as a deliverer: the nobility

and gentry, though more cautious, yet were equally desirous to see the

honour of their nation, in their own sense of it, restored.

Episcopalians, Cavaliers, and Revolutionists, were unanimous, or, to use

the Scots' proverb, "were all one man's bairns." This state of public

feeling was soon communicated to St. Germains, and Colonel Hooke, famous

for his negotiations, was, according to the writer of the Memoirs,

"pitched upon by the French King, and palmed upon the court of St.

Germains, and dispatched to sound the intentions of the principal

Scottish nobility." This agent arrived in Scotland in the month of March,

1707. The paper containing assurances of aid to James Stuart was signed

by sixteen noblemen and gentlemen; but the Earl of Mar was, at that

time, engaged in a very different undertaking, and was in close amity

with Sunderland, Godolphin, and the heads of the Whig party.

The spring of 1708 discovered the designs of Louis, and the news of

great preparations at Dunkirk spread consternation in England. At this

juncture, the first in which the son of James the Second was called upon

to play a part in that drama of which he was the ill-starred hero, the

usual fate of his race befel him. He came to Dunkirk hastily, and in

private, intending to pass over alone to the Firth of Forth. He was

attacked by the measles; at a still more critical moment of his

melancholy life, he was the victim of ague: both of them ignoble

diseases, which seem to have little concern with the affairs of royalty.

The delay of the Prince's illness, although shortened by the peremptory

commands of the French King to proceed, was fatal, for the English fleet

had time to make preparations. A storm drove the French fleet

northwards; in the tempest the unfortunate adventurer passed the Firth

of Forth and Aberdeen; and although the fleet retraced its course to the

Isle of May, it was only to flee back to France, daunted as the French

admirals were by the proximity of Sir George Byng and the English fleet,

who chased the enemy along the coasts of Fife and Angus. It was shortly

after this event that the Pretender, upon whose head a price of a

hundred thousand pounds was set by the English Government, first

assumed the title of Chevalier of St. George, in order to spare himself

the expense of field equipage in the campaign in Flanders.

The conduct of the Earl of Mar, in relation to conspiracy, has been

alluded to rather than declared by historians. He is supposed not to

have been, in secret, unfavourable to the undertaking. He was,

nevertheless, active in giving to the Earl of Sunderland the names of

the disaffected with whom he was generally supposed to be too well

acquainted. Many of those who were suspected were brought to London, and

were in some instances committed to prison, in others confined to their

own houses. On this occasion the advice of the great Marlborough was

followed, and the guilty were not proceeded against with more severity

than was necessary for the Queen's safety. The same generous policy was

in after times remembered, in mournful contrast with a very different

spirit.

It was the ill-fortune of Mar to give satisfaction to none of those who

had looked on the course of public affairs during the recent

transactions; nor was it ever his good fortune to inspire confidence in

his motives. Some notion may be formed of the thraldom of party in

Scotland by the following anecdote:--

In 1711-12 the Queen conferred upon the Duke of Hamilton a patent for an

English dukedom; but this, according to a vote of the House of Lords,

did not entitle him to sit as a British Peer. Indignant at being

thought incapable of receiving a grace which the King might confer on

the meanest commoner, the Scotch Peers took the first opportunity of

walking out of the House in a body, and refusing to vote or sit in that

House. In addition to the affront implied by their incapacity of

becoming British Peers, it was more than hinted that it would not be

advisable for the independence of the House if the King could confer the

privileges of British Peers upon a set of nobles whose poverty rendered

them dependent on the Crown.

Just when this offensive vote of the House was the theme of general

conversation, Dean Swift encountered the Earl of Mar at Lord Masham's.

"I was arguing with him, (Lord Mar)," he writes, "about the stubbornness

and folly of his countrymen; they are so angry about the affair of the

Duke of Hamilton, whom the Queen has made a Duke of England, and the

Lords will not admit him. He swears he would vote for us, but dare not,

because all Scotland would detest him if he did; he should never be

chosen again, nor be able to live there."[47]

The Earl of Mar continued to be one of the Representative Peers for

Scotland, having been chosen in 1707, and rechosen at the general

elections in 1708, 1710, and 1713.[48]

Upon the death of the Duke of Queensbury in 1711, the office of

Secretary of State for Scotland became vacant, and the Duke of Hamilton

and the Earl of Mar were rival expectants for the high and important

post. Government hesitated for some time before filling up the post,

being disposed rather to abolish it than to offend any party by its

disposal, and deeming it as an useless expense to the Government; nor

was it filled up for a considerable time.

The tragical death of one who, with some failings, deserved the

affection and respect of his country, procured eventually to the Earl of

Mar the chief management of public affairs in Scotland. Whilst on the

eve of embarking as Ambassador Extraordinary to France, upon the

conclusion of the peace of Utrecht, the Duke of Hamilton fell in a duel

with his brother-in-law, Lord Mohun,--a man whose course of life had

been stained with blood, but whose crimes had met with a singular

impunity.

The character of Lord Mohun seems rather to have belonged to the reign

of Charles the Second, than to the sober period of William and Anne. The

representative of a very ancient family, he had the misfortune of coming

to his title when young, while his estate was impoverished. "His quality

introduced him into the best company," says a contemporary writer, "but

his wants very often led him into bad." He ran a course of notorious and

low dissipation, and was twice tried for murder before he was twenty.

His first offence was the cruel and almost unprovoked murder of William

Mountford, an accomplished actor, whom Mohun stabbed whilst off his

guard. The second was the death of Mr. Charles Coote. For these crimes

Lord Mohun had been tried by his peers, and, strange to say, acquitted.

On his last acquittal he spoke gracefully before the Peers, expressing

great contrition for the disgrace which he had brought upon his order,

and promising to efface it by a better course of life. For some time

this able but depraved nobleman kept to his resolution, and studied the

constitution of his country.[49] He became a bold and eloquent speaker

in the House on the side of the Whigs; and he had attained a

considerable popularity, when the affair with the Duke of Hamilton

finished his career before the age of thirty.[50]

A family dispute, exasperated by the different sides taken by these two

noblemen in Parliament, was the cause of an event which deprived the

Jacobite party of one of their most valuable and most moderate leaders;

for had the counsels of the Duke of Hamilton prevailed, the Chevalier

would never have undertaken the futile invasion of 1708, nor perhaps

have engaged in the succeeding attempt in 1715. Upon the fortunes of the

Earl of Mar, the death of the Duke so far operated that it was not until

all fear of offending the powerful and popular Hamilton was ended by his

tragical death, that the appointment of Secretary was conferred upon his

rival. The Whigs were calumniously suspected of having had some unfair

share in the death of the Duke,--an event which took place in the

following manner.

Certain offensive words spoken by Lord Mohun in the chambers of a Master

in Chancery, and addressed to the Duke of Hamilton, brought a

long-standing enmity into open hostility. On the part of Lord Mohun,

General Macartney was sent to convey a challenge to the Duke, and the

place of meeting, time, and other preliminaries were settled by

Macartney and the Duke over a bottle of claret, at the Rose Tavern, in

Covent Garden. The hour of eight on the following day was fixed for the

encounter, and on the fatal morning the Duke drove to the lodgings of

his friend, Colonel Hamilton, who acted as his second, in Charing Cross,

and hurried him away. It was afterwards deposed, that on setting out,

the Colonel, in his haste, forgot his sword; upon which the Duke stopped

the carriage, and taking his keys from his pocket, desired his servant

to go to a certain closet in his house, and to bring his mourning-sword,

which was accordingly done. This was regarded as a fatal omen in those

days, in which, as Addison describes, a belief in such indications

existed.

The Duke then drove on to that part of Hyde Park leading to Kensington,

opposite the Lodge, and getting out, walked to and fro upon the grass

between the two ponds. Lord Mohun, in the mean time, set out from Long

Acre with his friend, General Macartney, who seems to have been a worthy

second of the titled bravo.

Lord Mohun having taken the precaution of ordering some burnt wine to be

prepared for him upon his return from the rencounter, proceeded to the

place of appointment, where the Duke awaited him. "I must ask your

Lordship," said Lord Mohun, "one favour, which is, that these gentlemen

may have nothing to do with our quarrel." "My Lord," answered the Duke,

"I leave them to themselves." The parties then threw off their cloaks,

and all engaged; the seconds, it appears, fighting with as much fury as

their principals. The park-keepers coming up, found Colonel Hamilton and

General Macartney struggling together; the General holding the Colonel's

sword in his left hand, the Colonel pulling at the blade of the

General's sword. One of the keepers went up to the principals; he found

Lord Mohun in a position between sitting and lying, bending towards the

Duke, who was on his knees, leaning almost across Lord Mohun, both

holding each other's sword fast, both striving and struggling with the

fury of remorseless hatred. This awful scene was soon closed for ever,

as far as Mohun was concerned. He expired shortly afterwards, having

received four wounds, each of which was likely to be mortal. The Duke

was raised and supported by Colonel Hamilton and one of the keepers; but

after walking about thirty yards, exclaimed that "he could walk no

farther," sank down upon the grass, and expired. His lifeless remains,

mangled with wounds which showed the relentless fury of the encounter,

were conveyed to St. James's Square, the same morning, while the

Duchess was still asleep.[51]

Lord Mohun, meanwhile, was carried, by order of General Macartney, to

the hackney-coach in which he had arrived, and his body conveyed to his

house in Marlborough Street, where, it was afterwards reported, that

being flung upon the best bed, his Lady, one of the nieces of Charles

Gerrard, Earl of Macclesfield, expressed great anger at the soiling of

her new coverlid, on which the bleeding corpse was deposited.[52]

General Macartney escaped. It appeared on oath that he had made a

thrust at the Duke, as he was struggling with Mohun; and it being

generally believed that it was by that wound that the Duke died, an

address was presented to her Majesty by the Scottish Peers, begging that

she would write to all the kings and states in alliance with her, not to

shelter Macartney from justice.[53]

A deep and general grief was shown for the death of the Duke of

Hamilton. In Scotland mourning was worn, and the churches were hung with

black. It was in vain that the Duchess offered a reward of three hundred

pounds for the apprehension of Macartney; the murderer had fled beyond

seas.

The Cavaliers lost, in Hamilton, an ornament to their party, from the

strict honour and fidelity of his known character. But the crisis which

the unfortunate Duke had in vain endeavoured to avert was now at hand,

and the death of Queen Anne brought with it all those consequences which

a long series of cabals, during the later disturbed years of the Queen's

existence, had been gradually ripening into importance.

The Earl of Mar had openly espoused the High-church party in the case of

Sacheverel; and he had on that account, as well as from the doubt

generally entertained of his fidelity, little reason to expect from the

House of Hanover a continuance in office. No sooner had the Queen

expired, than those whom Lord Mar had long, in secret, been regarding

with interest, expressed openly their disappointment at the result of

the last reign.

"The accession of George the First," remarks Dr. Coxe, "was a new era in

the history of that Government which was established at the Revolution.

Under William and Anne the Stuart family can scarcely be considered as

absolutely excluded from the throne; for all parties, except the extreme

Whigs, looked forward to the possibility of the Stuarts returning to the

throne. But, in fact, the Revolution was not completed till the actual

establishment of the Brunswick line, which cut off all hopes of a return

without a new revolution."[54]

When the news of Queen Anne's dangerous condition reached the Chevalier

de St. George, he was at Luneville; but he repaired instantly to

Barleduc, where he held a council. As he entered the council-chamber, he

was heard to exclaim, "If that Princess dies, I am lost."[55] There was

no doubt that a correspondence with the exiled family had been carried

on with great alacrity, during the last few years of Queen Anne's reign,

with the cognizance of the Sovereign;[56] and that large sums were spent

by Mary of Modena, and by her son, in procuring intelligence of all

that was going on in the English Court.

Immediately after the Queen's death, Atterbury, Bishop of Rochester,

proposed to Lord Bolingbroke to proclaim James at Charing Cross, and

offered, himself, to head the procession in lawn sleeves. But

Bolingbroke shrank from the enterprise; and, with an exclamation of

passion, Atterbury exclaimed,--"There is the best cause in Europe lost

for want of spirit." The boldness of the proposition, and the ardent

temper from which it originated, recall, with regret, the remembrance of

one who, as Lord Hailes in his notes on Atterbury's Correspondence has

remarked, was "incapable of dark conspiracies."[57]

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