Page:A biographical dictionary of eminent Scotsmen, vol 4.djvu/249

Rh tions powerful in old times from their hardihood and valour, rendered more powerful in later times by the union of these qualities with intelligence and enlightened enterprise. The conspicuous and decided manner in which the duke of Hamilton stood forward, as the advocate of the act of security, carried it through a stormy opposition, and placed the kingdom in a state of declared but legalized defiance of England; while the unsteadiness of his opposition to the union paved the way for the reconciliation of the two nations. Had the Scottish people never asserted their independence with that determination which forced the English government to sanction the act of security—had the duke's resolution failed him here, the terms of equality subsequently offered by England would not have been granted:—had the states persevered in the same intractable spirit when the union was proposed to them—had the duke manifested any portion of his former firmness, the mutual interests of England and Scotland might have been barred, the two kindred people might have been thrown back into interminable hostilities, and the glory and happiness which Great Britain has attained might never have been known.

Though the consequences of the union have been so beneficial to Scotland, yet the treaty was urged forward by means which no friend of his country could approve. The body of the nation regarded it as disgraceful and ruinous; its supporters were purchased with bribes one nobleman sold himself for the miserable sum of eleven pounds sterling; and its opponents were awed to silence by threats. No wonder that men of honourable minds were fired with indignation, and many of them prepared to resort to desperate measures to wipe away the national disgrace. The opportunity seemed favourable for a movement among the Jacobites, and an agent from France engaged a number of the nobles to join the chevalier if he should land on the Scottish shores. Among these was the duke of Hamilton, who, although pressed to declare himself prematurely, adhered to the letter of his agreement, and by his prudence saved his large estates from confiscation. Whilst the French ships were on the seas, with the design of an invasion, his grace was taken into custody as a disaffected person, but suffered a very short restraint. This did not prevent his being named among the sixteen Scottish peers who took their place in the first British parliament, in which he attached himself to the tory party, and "stickled as much," to use the words of a biographer of that period, "for Dr Sacheverell and the high church interest, as he had done about three years before for the security of the Scottish kirk." The whigs losing their influence in the councils of queen Anne, the opposite party began to be received into favour ; and in June, 1711, Hamilton was created duke of Brandon. He was at that time one of the representatives of the Scottish nobility, but claimed to take his seat as a British peer. In this he was vehemently opposed, notwithstanding the precedent afforded by the admission of Queensberry in virtue of the title of duke of Dover. After a long debate, in which a motion to take the opinion of the judges was rejected, it was decided, that since the union no Scottish peer could take his place in the British parliament in any other character than as one of the sixteen representatives. This decision so highly incensed the Scottish lords that they seceded from the house: they were appeased and prevailed on to return, but the point was not conceded at that time, although the queen interested herself in behalf of the duke of Hamilton. Nor was it till so late as the year 1782, when his descendant again preferred his claim, that, the judges having given an unanimous opinion in his favour, the eligibility of Scottish noblemen to the full privileges of peers of Great Britain was established.

The duke had married, to his second wife, Anne, daughter of lord Digby Gerrard, by Elizabeth sister to the earl of Macclesfield. Lady Gerrard was left