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 form of government, by which not only was the claim of rights confirmed on which the crown had been offered to William, but it was declared high treason to endeavour to alter it. To the act, Queensberry, again commissioner of the queen, felt bound to refuse consent, possibly on private as well as public grounds, for he was a strong supporter of the episcopalians. The consequence was that, in accordance with the aims of the Jacobites, it was resolved that the successor to the crown of Scotland after Queen Anne should not be the same person that was king or queen of England, unless the just rights of the nation and their independence of English interests and counsels were sufficiently guaranteed. Greatly encouraged by the proceedings in parliament, the Jacobites at St. Germain began actively to concert measures for an immediate rising in behalf of the chevalier, employing on this errand the notorious Simon Fraser, afterwards Lord Lovat, and also Captain John Murray (see instructions to John Murray, May 1703, in, Original Papers, i. 630, and to Lord Lovat, ib. 630–1). Fraser showed Queensberry a letter purporting to be addressed by the chevalier's wife to Atholl, with whom they both had grounds of quarrel [see under, 1667?–1747]. Queensberry was imposed upon and provided Fraser with money and a pass in a feigned name, that he might proceed to France, and there watch in the interests of the government the movements of the Jacobites. There is no doubt that for a time at least he intended to carry out with a certain degree of faithfulness the commission entrusted to him by Queensberry. The further development of Queensberry's purposes was, however, cut short by the interposition in the intrigue of Robert Ferguson [q. v.], whom Fraser unwittingly let into a part of his secret, and who revealed to Atholl the conspiracy that was designed against him by Fraser with the countenance of Queensberry. Atholl had never had any connection with a Jacobite plot, or any communication with the court of St. Germain. So far Queensberry had unconsciously been made Fraser's tool. Justly indignant at so impudent a slander, Atholl presented a memorial to the queen, exposing the conspiracy intended against him. (See ‘Memorial to the queen by the Duke of Atholl, giving an account of Captain Simeon Fraser and his accomplices, read to her majesty in the Scotch council mett at St. James 18 Jan. 1704,’ printed in Caldwell Papers, i. 197–203.) The House of Lords resolved that there had been a dangerous conspiracy in Scotland in favour of the Pretender, an opinion supported by the whigs, while the tories, on the other hand, asserted that Fraser had been sent by Queensberry to France to dress up a sham plot in order to effect the ruin of his enemies. That Queensberry acted throughout in good faith there can be no doubt, nor can the existence of a dangerous conspiracy, accidentally frustrated through Queensberry's relations with Lovat, be denied. The only mistake of Queensberry was in placing implicit faith in Fraser; but by the revelation of his mistake through the memorial of Atholl his conduct was placed in so foolish as well as unpleasant a light that it was impossible for him meanwhile to retain his offices under the government.

His fall had a close connection with the arrival in London of a deputation from the ‘Squadrone’ party to make representations to the queen (see letter of George Baillie to Lady Grisell Baillie in Marchmont Papers, iii. 263–7). To the next parliament the Marquis of Tweeddale was appointed the commissioner of the queen, but Queensberry opposed him so skilfully as both greatly to disarm his former enemies and to demonstrate the importance of the government securing his support. He was therefore in 1705 restored to his office of lord privy seal and made a lord of the treasury. The Duke of Argyll was indeed appointed the commissioner to the Scottish parliament, but he acted throughout in concert with Queensberry, who, as Lockhart remarks, ‘used him as the monkey did the cat in pulling out the hot roasted chestnuts’ (Memoirs, p. 139). In a great degree through the influence of Argyll an act was passed for a treaty of union with England, and Queensberry was in the following year appointed to his old office of commissioner to the estates, which met on 6 Oct., and entrusted with the arduous and delicate duty of bringing about the completion of the treaty. Undoubtedly in consenting to undertake the charge of such a measure he was, like the other Scottish nobles, influenced very much by self-interest, although it was not difficult to find arguments in support of the union from a regard to the welfare of both countries. Queensberry had experienced, perhaps more fully than any other nobleman, the difficulty of governing Scotland without a union, and was probably completely wearied by his conflicts with the different parties whose aims were so obscured by intrigue that they were not always clear even to themselves. In addition to this he undoubtedly recognised that his own position would be rendered much more independent and stable. Of the skill and address which he manifested in overcoming the prejudices such a proposal at first called forth, and especially in winning