The Patriot
Page 38
But Glasgow, supported by ministers, insisted; and the Chancellor ruled that the House was entitled to. hear and decide whether or no these limitations or objections were relevant to the union vote, as the Earl claimed.
So, effectively baulked and seething with anger, Andrew had to spend the rest of that day going over and defending his twelve limitations on the crown, detail by detail, whilst the House grew bored and all the fine fervour dissipated. By a process of niggling question and amalgamation, the dozen clauses were eventually reduced to four, and even these were watered down. The holding of annual parliaments was reduced to tri-annual; officers of state were to be appointed by the Estates, not the crown; Scotland was to have its own ambassadors to foreign powers; and holders of treasury-paid offices should not be eligible for Parliament.
After four hours of this, many members had disappeared and the House was in a state of torpor in July heat. Stair rose to declare that since these four clauses appeared to be agreed, they should be incorporated as a safeguard in the proposed Act appointing commissioners to treat for union. He so moved, and Glasgow seconded.
Hotly Andrew leapt to his feet. Never, he cried. This could imply that he was in favour of union. None must be so tricked.
Johnnie Belhaven sought to save the situation by suggesting that these basic requirements should be incorporated in another Act, for Regulating the Constitution, not naming union. Rothes seconded.
To avoid a vote, the ministers agreed to ask Queen Anne to repeal the hated English Alien Act - although Andrew for one was scornful as to their chances of success.
Hamilton then proposed a clause to the proposed Act appointing commissioners to treat for union, which would preserve the fundamental laws, liberties and offices of the Scottish realm - which would prevent any incorporating union. Andrew declared that this was an admission of the principle of union and urged withdrawal. Hamilton angrily insisted, and in some confusion a vote was taken - and lost by two votes, some abstaining and not a few members now absent.
The government, feeling more confident at this, straightway got the vital issue put to the House, that commissioners to treat for union be agreed and appointed forthwith. Andrew proposed the direct negative. Hamilton, nettled, jumped up to propose an amendment - not to Andrew's negative but to the government's original measure. Shocked, the anti-union members heard the Duke suggest that the said commissioners to treat should not be appointed by the ministry nor yet by this Parliament but by the Queen herself.
Appalled, Andrew began to protest, to demand whether the lord Duke realised what he was saying, when Seafield ruled him out-of-order. Gleefully the Chancellor declared that the government would accept Duke Hamilton's amendment in place of their original motion. The matter was now clear-cut and simple - the commissioners to treat for a union of the two Parliaments to be appointed by Queen Anne; or the direct negative. The House would vote.
Sick at heart, Andrew saw the Squadrone Volante, all twenty-four members, vote with Hamilton and the government. The motion was carried.
Like a stricken man, Andrew Fletcher left Parliament Hall. Few of his former colleagues dared to meet his eye, much less to speak with him. That a full dozen of the Duke of Hamilton's own personal supporters stormed out with him, declaring that there was no purpose in staying longer in this Parliament when their Duke had deserted and basely betrayed them, was of scant comfort.
23
Dire as was the blow, the battle was not yet irrevocably lost. Commissioners to treat for a union would be appointed; but that did not necessarily mean that a union would eventuate. Admittedly it implied that Scotland's legislature accepted that there could be a case for union; and the fact that the Queen in London was to appoint the commissioners - which in effect meant that her English advisers would appoint them - would mean that they would be all prejudiced in favour from the start. But there were other forces to be reckoned with. There were the people of Scotland, firm against union, if they could be roused. There was the Kirk, almost solidly against. And there were, to be sure, the Jacobites, to whom anything of the sort would spell the end of their hopes. And, of course, the terms of the treaty negotiated by the said commissioners would still have to be passed by the Estates of the Realm - although, after the late performance, Andrew did not place much confidence in that.
So he went to work. He would fight this thing with every weapon that came to his hand. His own kind had largely failed the nation - he would not spare these. He would try to rouse the people. He would forge his Home Rule movement and Young Scotland Party into the weapons which were required, to arouse and warn, even to threaten if need be. He would seek to rally all the forces inimical to union for one combined effort, however mutually suspicious and hostile they were.
So Andrew Fletcher entered upon the busiest year of his life. He started by issuing a public demand for new elections to Parliament. It was three years since the last ones, and those had been held on the issue of the succession to the throne. To decide on this great new issue of union, the electorate must have the opportunity to express its will. He had little hope of this being accepted by the administration, since almost certainly a large anti-union majority would be returned. But the attempt had to be made, and was worth making, since rejection would all help to stir up public feeling and resentment. So he stumped the country and burghs, holding meetings, amidst popular acclaim and enthusiasm and much recruitment for his Home Rule and Young Scotland movements.
It was at one of these meetings, in the burgh of Dumbarton on the Clyde, that he found that he had a most unlikely ally. He and Johnnie Belhaven had many well-wishers and co-operators, of course, amongst the country gentry and town provosts and magistrates; but to find one amongst the Queen's ministers was a surprise indeed. Especially as this was a man whom Andrew had never liked, looked upon as a mere place-seeker and time-server - Sir James Stewart, the Lord Advocate, no less. An elderly man now and somewhat prosy and bumbling in manner, he came forward alone as the gathering was dispersing, dressed in nondescript fashion and with his cocked hat pulled down well over his wig.
"I congratulate you, Saltoun, on your public spirit as on your eloquence," he said. "The seed is well sown - although I fear the harvest will be but meagre."
"You, Sir James! Am I dreaming? I scarcely would have looked to see the Queen's Advocate here tonight!"
"Why not, sir - why not? I can love my country as well as any other, can I not? I agree with you that there ought to be new elections over this matter of union. Only a specially elected parliament would be competent to ratify or otherwise whatever decisions are come to by the union commissioners. And so I have advised the Queen and her Grace's ministers. But I fear that they are unlikely to take my advice in this."
"Then our fears coincide, Sir James. I too have no expectation of elections being called. The result would be too painful for your friends and colleagues in the ministry! I but seek'to muster public opinion."
"Quite, sir - quite. And I wish you well in it. But I cannot think that it will much affect the issue. There will be no elections."
"Then the people will be the more wrathful." "Perhaps. But their wrath will not turn into votes. And votes decide."
"Their wrath could affect votes, if strongly enough expressed!"
"Aye, there's the rub, Saltoun - how to express Scotland's wrath? There are many besides yourself considering that problem, just now. With differing answers."
"Then I am glad to hear it, sir. For I sometimes feel that the Lord Belhaven and myself are the only two who care. Or at least, who can be relied upon to do anything. After Hamilton's and the Squadrone's defection."
"Not so, Saltoun - not so. There are others, many others, who are concerned. And seek their own solutions. The pity that they cannot work together rather than thus separately."
Andrew stared. "Do I hear aright, Sir James? Do I hear the Lord Advocate, one of the Queen's most important ministers, advocating united opposition to the Queen's ministers' policy?"
"Then, sir, would your course not best be to resign from the ministry?"
"I think not. I believe that I can continue to serve Scotland better as Advocate than as a private subject, sir. By the nature of my office, I hear much, learn much. Which could be . . . invaluable."
"I see. And you come to me with some of that information?"
"You are the acknowledged leader of the forces against union in Parliament, Saltoun."
"I would have said that the Duke of Hamilton was that -until he betrayed all."
"Be not too hard on Hamilton, sir. He is a strange man and of uncertain temper. But I believe that he is honest against union . . ."
"Then why did he sell the pass? Propose that commissioners to treat should be appointed by the Queen - which means her English ministers?"
"It was a mistake, I agree. But he thought that though he could not prevail upon the ministers here or in London, he could perhaps prevail upon the Queen. Personally. He had Argyll's promise to have him appointed one of the treaty commissioners, if he did this, moved that motion. And he hoped that he would then get the Queen to appoint others, who would work for a federal union, not an incorporating one. Some of your so-called Squadrone . . ."
"Lord! Is the man witless? So innocent as to believe that! Queen Anne will not move a finger without Marlborough's and his wife's guidance. And Marlborough and Godolphin are set on an incorporating union. Hamilton must know that. . ."
"He thought otherwise. Although he has since learned that he was mistaken. For he is not included amongst the commissioners. And nor is the Duke of Argyll himself - who has refused to serve because his promise made to Hamilton was not honoured."
"Ha! So MacCailean Mor chooses his own kind of honour! But — the commissioners are chosen, then?"
"Yes. Thirty-one of each nation. The list reached me three days ago."
"And all the Scots safe men, I'll be bound?"
"All but one - and he is a friend of your own. George Lockhart of Carnwath."
"But he is against union, almost a Jacobite!"
"Aye, but his mother is sister to the English Lord Wharton, one of the chiefest commissioners on the other side. Why he got Lockhart chosen is unclear, but there will be a reason behind it, never fear."
"Yet I trust Lockhart. Whatever the reason, he will not sell his country. And who are the others?"
"Few surprises, sir- save that all three Dalrymples are in; Stair and his two brothers, Sir Hew, the Lord President of Session and Sir David, Queen's Solicitor. For the rest, what you would expect - Queensberry, Seafield, Loudoun, Mar, Marchmont, Morton, Sutherland. And most of the officers of state."
"But not yourself, Sir James?"
"Not myself. I have not hidden my views on union. Argyll does not sit — but he has seen to it that his brother Archie does, created Earl of Islay at the same time!"
"So - all lords except Lockhart?"
"No. There is Grant of Grant, Seafield's kinsman. And Sir Patrick Johnston, who was Lord Provost of Edinburgh. Aird, the Glasgow man also. I fear the result is not in doubt."
"It never was, once Hamilton shifted his stance. It will be an incorporating union, whatever Marchmont and the Squadrone hope about a federal one. When do they start treating - if that is the word?"
"In April. In London, of course."
"Naturally! Then we must try to ensure that Scotland's voice is heard, loud enough to reach London! Since it will not be uttered by those commissioners. You spoke, Sir James, of others working to this end? And of the need to work together. May I hear who and what?"
"That is what I came to tell you, Saltoun - only, my name must not be brought into it, you understand? Or I could not remain Lord Advocate. And that is important. First of all, Atholl. He is in disgrace anyway, over that Lovat business. He aims to take over Stirling, with his Murray clansmen, and so hold open the passage of Forth so that a Highland army could come down at short notice. Pray God it does not come to that, to fighting - but the threat may be useful."
"That could bring the Jacobites down on us."
The other shrugged non-committally - and Andrew began to wonder whether this James Stewart was, in fact, totally out of sympathy with that other James Stewart in St. Germain.
"Then the General Assembly of the Kirk is preparing a statement to be read from all pulpits, against union."
"That I know of. Indeed I had some small hand in the matter."
"Arrangements are being made for most of the towns and burghs to draw up protests against union, to be presented to Parliament when it meets. But you will know well of this, since you were advocating it here in Dumbarton tonight, as you have done elsewhere. But you may not know how widespread is this move, all over the country."
"I helped draft the Haddington and Dunbar protests. But it is good to hear that it spreads. It should mean that the burgh commissioners to the Estates vote accordingly."
"That is less certain. There is talk of substantial payments being made to the sitting burgh members. Or some of them."
"Ha - the bribery weapon again! I heard that the lords were being bribed, from London. I suppose that it was too much to expect that others should be overlooked."
"Then there is the matter of the Cameronians. This I am concerned about, for it could be dangerous. My main reason for coming to you, Saltoun. You know how violent can be the passions of these extreme Covenanting sectaries of the South-West. The folk Claverhouse fought. They are much enraged largely because they believe that Scotland will hereafter be ruled by Episcopalians from London. And they still have hidden arms in large quantities. They threaten to march, when it comes to the vote. March on Edinburgh. That might not be so ill, if it was under control. But there is a wild man you may have heard of, who has put himself at their head - Cunninghame of Aiket. He was one of your Darien adventurers. And he is now preaching what almost amounts to a holy war. Not only against union and Episcopalians but against Catholics. And, as you know, much of the Highland force which Atholl could bring down would be Catholic."
"Ah - I see. This could be dangerous indeed. I know of this Cunninghame. A firebrand."
"There could be civil war. Which could play into the unionist's hands. Excuse for the English army to march over the Border. To restore order. Stair has already urged that - and Stair's will be the loudest voice amongst the commissioners. So - can you seek to keep this Cunninghame within bounds, Saltoun? He may heed you. I could have him apprehended -but that might well only provoke uprising."
"I do not know that I could do much - but I will try. I am seeking to arrange a descent upon Edinburgh, my own self. Of a different sort of electors. Of the men who would be electing the new shire commissioners to the Estates - if there was an election. Lairds, lesser barons, country gentlemen. Hundreds of them, from all over. If these can show their teeth, then present representatives may think twice. I am in touch with a number in the South-West and Galloway. I will write to them about Cunninghame and the Cameronians."
"That is good. These are the men we need in this pass. I am glad to hear of your enterprise, sir. If I can help, I shall. We must keep in touch. But secretly, Saltoun - secretly. Or my usefulness is gone . . ."
* * *
The winter, so busy for Andrew, gave way to a belated spring, and Scotland as it were held its breath, as the commissioners to treat of union sat in London, amidst great secrecy. Travellers reported no comparable tension in England nor even public interest, although in London one or two mercantile groups linked to the East India Company demonstrated against union, fearing loss of trading monopolies to the beggarly Scots.
Although the treaty sittings went on from 11th April 1706 until late July, all the principal decisions were made within the first nine days, only the working out of details, mainly financial, taking up the time. These details, indeed even the general terms of the proposed treaty in twenty-five Articles, were not published, all to be kept secret until they could be l
aid before the two Parliaments for approval or otherwise. Nevertheless, with as many as sixty-two commissioners, much leaked out inevitably, to reach Scotland and set the nation by the ears, the worst fears surpassed.
Andrew, through his new links with the Lord Advocate -who was of course officially informed - did not have to rely on rumours and hearsay. Whatever the details might subsequently reveal, the main Articles were, from the Scots aspect, appalling. All was to be as England desired. It would be an incorporating union, under one authority sitting in London, to be named the Parliament of the United Kingdom, but in all major respects it would be the English Parliament continuing. On this the Scots would be allowed only forty-five elected members to the Commons and a mere sixteen peers to the House of Lords -although the Scots peers who sat on this treaty commission were to be sweetened to agree by each being granted an English peerage, so that they might take seats. The Scots had asked for sixty-six M.P.s, which would be one-sixth of the membership of the Commons, comparable to the population ratio of the two countries - whereas they got only one-thirteenth in the two Houses. Much was made of Scotland retaining its own laws and judicature; but it would lose its Privy Council and would have to pay taxes and customs-dues at the same level as England. It would become responsible for a share of the English National Debt, which now amounted to £18 million sterling, equalling three years' revenue, thanks largely to King William's Continental wars; since Scotland had only £160,000 of public debt, to enable her to pay her annual contribution, that £160,000 would be remitted the first year by being added to the Equivalent which William Paterson had worked for and which was to be looked upon as compensation for the Darien losses. This Equivalent was to total £398,085 -10 shillings, calculated none knew how. Instead of the boasted addition to Scotland's wealth, of which so much had been made, they were thus to shoulder an enormous loss, in funding the English National Debt. Trade was to be free, in principle -but the English trade monopolies were to remain, and the Scottish coinage was to be assimilated in that of England. A land tax was to be instituted, and the Hanoverian succession was settled. The only small crumb of comfort in it all was that the loathed Alien Act was to be withdrawn as no longer applicable.