During the course of the negotiations for the Treaty of Union, the Earl of Mar formed an alliance with the celebrated Duke of Hamilton. In the consideration of public affairs at this period, it may not appear a digression to give some insight into the character of one who headed the chief party in the Scottish Parliament, and with whom the Earl of Mar was, at this period of his life, in frequent intercourse.

James Duke of Hamilton was at this period nearly fifty years of age. His youth had been passed in the gay court of Charles the Second, as one of the Gentlemen of the Bedchamber of that monarch,—an office which he only relinquished to become Ambassador Extraordinary to France, where he remained long enough to serve in two campaigns under Louis the Fourteenth. Upon the death of Charles the Second, Louis recommended the young nobleman, then termed Earl of Arran, strongly and essentially to James the Second, who made him Master of his Wardrobe, and appointed him to other offices.

Under these circumstances it is not surprising that in the honest and warm feelings of the Duke of Hamilton, affection for the Stuarts should form a principal feature. He had the courage to adhere firmly to James the Second, amid the general obloquy, and to accompany the monarch on his abdication to his embarkation at Rochester. "I can distinguish," he said, at a meeting of the Scottish nobility in London, over which his father, the Duke of Hamilton presided, "between the King's popery and his person. I dislike the one, but have sworn to do allegiance to the other, which makes it impossible to withhold that which I cannot forbear believing is the King my master's right: for his present absence in France can no more affect my duty, than his longer absence from us has done all this while."

Notwithstanding these professions, upon the unfortunate conclusion of the affair of Darien, the Earl of Arran, after twice encountering imprisonment upon account of the Stuarts, esteemed it his duty to his country to take the oaths to King William, in order to qualify himself to sit in Parliament.

The character of the Duke of Hamilton presents a favourable specimen of the well-principled and well-intentioned Scotchman, with the acknowledged virtues and obvious defects of the national character. He was disinterested in great matters, refusing many opportunities of worldly advantage, and bearing for the first eight years of his public career, a retirement which is always more galling to an ambitious temper than actual danger; yet, it was supposed, and not without reason, that, whilst his heart was with the Cavaliers, or country party, the considerations of his great estate in England occasioned a lukewarmness in his political conduct, and broke down his opposition to the Union. Wary and cautious, he could thus sacrifice his present hopes of a distinction which his talents would have readily attained, to his adherence to a lost cause; but his resolution failed when the sacrifice of what many might deem inferior interests, was required.

The Duke soon formed a considerable party in the Parliament; and his empire over the affections of his countrymen grew daily. To those to whom he confided, the Duke was gracious and unbending; but a suspicion of an insult recalled the native haughtiness attributable to his house.[32] "Frank, honest, and good-natured," as he was esteemed by Swift, and displaying on his dark, coarse countenance, the characteristics of good sense and energy, the Duke was a bitter and vindictive foe[33]—characteristics of his age, and of a nation undoubtedly prone to wreak a singular and remorseless revenge on all who offend the hereditary pride, or militate against the prejudices of its people.

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.