The Earl of Mar therefore appeared as the champion of the Cavaliers, and for the first time won their confidence and approbation. "He headed," writes the bitter and yet truthful Lockhart, "such of the Duke of Queensbury's friends as opposed the Marquis of Tweedale and his party's designs; and that with such art and dissimulation, that he gained the favour of all the Tories, and was by them esteemed an honest man, and well inclined to the royal family. Certain it is, he vowed and protested as much many a time; but no sooner was the Marquis of Tweedale and his party dispossessed, than he returned as a dog to the vomit, and promoted all the court of England's measures with the greatest zeal imaginable."[23] The three parties in the Scottish Parliament, according to the same authority, consisted of the Cavaliers,—that remnant of the Jacobite party which remained vigorous, more especially in the Highlands, since the days of Dundee,—of the Squadrone, "or outer court party," and of the present court party, consisting of true blue Presbyterians and Revolutioners.[24] With the interests of the latter party the Earl of Mar was undoubtedly engaged.
Scotland was at this time, and continued for several years, racked with dissensions regarding the Treaty of Union. No one can form an adequate idea of the heartburnings, feuds, parties, and tumults, by which that great measure was preceded, and followed, without looking into the contemporary writers, whose aim it ever is to heighten the picture of passing events; whereas the calm historian subdues it into one general effect of keeping.
The Earl of Mar took a prominent part in seconding the treaty; no man's commencement of a career could be more opposed to its termination than that of this politician of easy virtue. The Duke of Queensbury was for some time so hated in Scotland as scarcely to venture to appear there, but contented himself with sending the Duke of Argyle as commissioner, and "using him as the monkey did the cat in pulling out the hot roasted chesnut." But when he was, after an interval, reinstated in power, Lord Mar was again his devoted ally. The influence of the Duke over every mind with which he came into collision was, indeed, almost irresistible. "I cannot but wonder," remarks the indignant Lockhart, "at the influence he had over all men of sense, quality, and estate; men that had, at least many of them, no dependance on him, yet were so deluded as to serve his ambitious designs, contrary to the acknowledged dictates of their own conscience."[25]
In 1706, in the beginning of the session of Parliament, the Earl of Mar presented the draught of an Act for appointing Commissioners, to treat of an Union of the two kingdoms of Scotland and England. Thus was he the instrument of first presenting to the Scotch that measure so revolting to their prejudices, so singularly distasteful to a proud and independent people. It is impossible to judge how far Lord Mar was convinced of the expediency of the Treaty, or whether he was, in secret, one of those who feigned an affection for the measure, whilst, in their hearts, they wished for the preponderance of the votes against it. The Treaty of Union was espoused by those in whose opinions Lord Mar had been nurtured,—and originally, according to De Foe, it had been mooted by William the Third, who declared that this Island would never be easy without an union. "I have done all I can in that affair," he once observed; "but I do not see a temper in either nation that looks like it: it may be done, but not yet."[26]
The Treaty, retarded by many interests, clashing between nations, but, more especially, by the burning recollections of massacred countrymen in the blood-stained valley of Glencoe, was now brought into discussion just when the Earl of Mar was at that age when a thirst for gain, or an ambition to rise is unquenched, in general, by disappointment. Differing in one respect from many Cavaliers, in being of a family strictly Protestant, Lord Mar had not the inducement which operated upon the Catholics, in their undiminished, ardent desire to restore the young Prince of Wales to the throne. Differing, again, in another respect from many of the Jacobites, Lord Mar had not the tie of a personal knowledge of the exiled King to fix his fidelity; or, what was considered far more likely to have sealed his, or any adherent allegiance, he had enjoyed no opportunities of cultivating the favour of the enthusiastic, bigoted, and yet intelligent Mary of Modena, whose exertions for her family kept alive the spirit of Jacobitism during the decline of her royal devotee and the childhood of her son. Lord Mar seems to have been reared entirely in Scotland, and he might perhaps come under the description given by the eloquent Lord Belhaven of a Whig in Scotland:—"A true, blue Presbyterian, who, without considering time or power, will venture all for the Kirk, but something less for the State;"[27] but that his subsequent conduct contradicts this supposition.
The Treaty struggled on through a powerful and memorable opposition. It is a curious instance of Scottish pride, that one of the objections made to the Commissioners appointed to treat of the Union, was, that there were six or eight newly-raised families amongst them, and but few of the great and ancient names of Hamilton, Graham, Murray, Erskine, and many others.[28] Never was there so much domestic misery and humiliation, abroad, for poor Scotland, as during the progress of this Treaty. The fame of Marlborough, and the fortunes of Godolphin, were now at their zenith; they were considered as the great arbiters of Scottish affairs,—the Queen being only applied to for the sake of form. These two great statesmen treated the Scottish noblemen to whom the Cavaliers entrusted the success of their representations, with a lofty insolence, which galled the proud Highlanders, and went to their very hearts.
"I myself," writes the author of Memoirs of Scotland, "out of curiosity, went sometimes to their levées, where I saw the Commissioners, the Duke of Queensbury, the Chancellor, the Secretary, Lord Mar, and other great men of Scotland, hang on near an hour; and when admitted, treated with no more civility than one gentleman pays another's valet-de-chambre; and for which the Scots have none to blame but themselves, for had they valued themselves as they ought to have done, and not so meanly and sneakingly prostituted their honour and country to the will and pleasure of the English Ministry, they would never have presumed to usurp such a dominion over Scotland, as openly and avowedly to consult upon and determine in Scots' affairs."[29]
At home, the spirit of party ran to an extent which cannot be called insane, because the interests at stake were those dearest to a high-spirited people. "Factions," exclaimed Lord Belhaven, "in Parliament, are now become independent, and have got footing in councils, in parliaments, in treaties, in armies, in incorporations, in families, among kindred; yea, man and wife are not free from them."[30] "Hannibal, my Lord," he cried, in one of what Lockhart calls his long premeditated harangues, "Hannibal is at our gates; Hannibal is come the length of this table; he is at the foot of this throne: he will demolish the throne; if we take not notice, he will seize upon these regalia; he'll take them as our spolia opima, and whip us out of this House, never to return again."
In order to understand the effect of the Act of Union upon the hopes of the Jacobite party, it is necessary to take into consideration the following facts. The Act of the English Parliament, by which the Crown had been settled on Queen Mary and her sister, extended only to the Princess Anne and her issue. After the death of the Duke of Gloucester, and about the end of the reign of William the Third, another settlement was made, by which the Crown was settled on the House of Hanover; but no similar Act was passed in Scotland. And at the beginning of Queen Anne's reign, and until after the Union, the Scottish Parliament were legally possessed of a power to introduce again the exiled family into Great Britain.[31]