In 1711-12 the Queen conferred upon the Duke of Hamilton a patent for an English dukedom; but this, according to a vote of the House of Lords, did not entitle him to sit as a British Peer. Indignant at being thought incapable of receiving a grace which the King might confer on the meanest commoner, the Scotch Peers took the first opportunity of walking out of the House in a body, and refusing to vote or sit in that House. In addition to the affront implied by their incapacity of becoming British Peers, it was more than hinted that it would not be advisable for the independence of the House if the King could confer the privileges of British Peers upon a set of nobles whose poverty rendered them dependent on the Crown. Just when this offensive vote of the House was the theme of general conversation, Dean Swift encountered the Earl of Mar at Lord Masham's. "I was arguing with him, (Lord Mar)," he writes, "about the stubbornness and folly of his countrymen; they are so angry about the affair of the Duke of Hamilton, whom the Queen has made a Duke of England, and the Lords will not admit him. He swears he would vote for us, but dare not, because all Scotland would detest him if he did; he should never be chosen again, nor be able to live there."[47] The Earl of Mar continued to be one of the Representative Peers for Scotland, having been chosen in 1707, and rechosen at the general elections in 1708, 1710, and 1713.[48] Upon the death of the Duke of Queensbury in 1711, the office of Secretary of State for Scotland became vacant, and the Duke of Hamilton and the Earl of Mar were rival expectants for the high and important post. Government hesitated for some time before filling up the post, being disposed rather to abolish it than to offend any party by its disposal, and deeming it as an useless expense to the Government; nor was it filled up for a considerable time. The tragical death of one who, with some failings, deserved the affection and respect of his country, procured eventually to the Earl of Mar the chief management of public affairs in Scotland. Whilst on the eve of embarking as Ambassador Extraordinary to France, upon the conclusion of the peace of Utrecht, the Duke of Hamilton fell in a duel with his brother-in-law, Lord Mohun,--a man whose course of life had been stained with blood, but whose crimes had met with a singular impunity.