The Duke of Hamilton, a shuffling Jacobite, had been in constant correspondence with the Court of S. Germain's, and with the numerous agents of the Pretender kept scattered about in various parts of the Continent and in England. Even before Mrs. Masham and Harley had undermined the Whig ministry, Hamilton had been an acceptable visitor at the Court of S. James's; but since the Tory party had got the upper hand, he had been closeted far more frequently with the Queen than before; and now he was appointed to represent Queen Anne at the French Court. Burnet says: "The Duke of Hamilton being now appointed to go to the Court of France gave melancholy speculation to those who thought him much in the Pretender's interest; he was considered, not only in Scotland, but here in England, as the head of his party." A few days before he left for Versailles, his career was cut short. He had been engaged in some law-suits with Lord Mohun over the succession to the estates of the Earl of Macclesfield, and this, together with political animosity, inflamed both these noblemen with deadly hatred towards each other. Mohun took an occasion that offered of publicly insulting the Duke, in the hope of making him the challenger. His Grace, however, had too much contempt for the known character of the man to enter into an idle dispute with him, especially at a time when he was invested with the sacred character of ambassador. He relied on his own reputation with the world to bear him out in declining to notice such an affront, offered at such a time, and committed, as the Tories asserted, under the influence of drink.
The circumstances of the insult were these. On Thursday, November 13th, a party was assembled at the chambers of Mr. Orlebar, a master in Chancery, when the Duke made some reflections on Mr. Whitworth, father of the Queen's late ambassador to the Czar; whereat Lord Mohun roared out that the Duke had neither truth nor justice in him. "Indeed, he has just as much truth in him as your Grace!" The Duke of Hamilton made no reply; and both parties remained at the table for half an hour after this outbreak; and at parting Hamilton made a low bow to Mohun, who returned the civility, so that none of those there present suspected any consequence from what had passed between the two peers.