Introduction
North American Land Petitions from the Seven Years' War
During and after the Seven Years’ War, hundreds of discharged soldiers and civilians filed land petition requests in North America through a Crown-sanctioned petition process. These documents—land petitions, allotments, and final grants known as Letters Patent—offer invaluable insight into settlement patterns, military demobilization, and the early administrative history of British Canada and New York.
Among the most historically rich and genealogically significant petitions are those submitted by veterans of the 78th Fraser’s Highlanders. These soldiers, many of whom had served with distinction during the campaigns at Louisbourg and Quebec, transitioned from military life to frontier settlement—often acquiring land that would define family legacies for generations.
Understanding the Three-Step Land Petition Process
The British land distribution system after 1763 followed a structured, three-stage process:
1. Land Petitions
Following the Treaty of Paris (1763), Britain instituted a new land policy in its recently acquired Canadian territories. Individuals, particularly discharged military personnel and loyal civilians, could submit formal petitions to the colonial governor requesting Crown land. These petitions often listed prior military service, regiment, rank, and intended settlement location.
2. Land Allotments
Once a petition was approved, the individual was provisionally allotted land. However, full ownership was conditional. Settlers were required to clear portions of land, construct dwellings, and establish productive farms. This ensured actual colonization rather than speculative landholding. For the Crown, successful settlement meant fortified borders and economic growth.
3. Letters Patent (Final Land Grants)
After meeting the required conditions, the settler would be issued a Letter Patent. This formal legal document was the final step confirming full title to the land. A two-volume register of such grants—List of Lands Granted by the Crown in the Province of Quebec from 1763 to 1890—remains a vital reference for researchers today.
Military Land Entitlements After the Seven Years’ War
British authorities defined specific land entitlements for former soldiers to reward their service and encourage orderly settlement. These ranged from 5,000 acres for staff officers to 50 acres for private soldiers. These guidelines were foundational in forming early township maps in Quebec and parts of New York.
Land Entitlement by Rank:
- Staff Officers: 5,000 acres
- Captains: 3,000 acres
- Subalterns: 2,000 acres
- Non-commissioned Officers: 200 acres
- Private Soldiers: 50 acres
78th Regiment Petitions in Quebec (1762–1765)
Multiple petitions from 1762 through the late 1760s provide rich documentation of land applications by members of the 78th Regiment, including many whose names appear in Muster Rolls of the Old 78th Fraser Highlanders. For instance:
- Capt. John Nairn and Lt. Malcolm Fraser were granted the seigniories of Malbaie and Mount Murray in 1762 (Bouchette).
- On 15 March 1765, twelve serjeants—ten of whom served in the 78th—petitioned for land, including Alexander Ferguson, Lachlan Smith, and James Sinclair. "The Petition of Alexander Simpson and John McLone late Serjeants in the 2nd Battalion of the 60th Regiment, James Thompson, Hugh Tulloch, William Gunn, James McDonell, John Fraser, James Sinclair, Alexander Ferguson, Alexander Lieth, Lachlan Smith and Donald Fraser late Serjeants in the 78th Regiment."
- A 14 May 1765 petition by Malcolm Fraser, a serjeant, explicitly references a linkage to earlier petitions.
- A 19 May 1765 petition listed 23 soldiers by name, many of whom also appear on regimental discharge rolls. "The Petition of Donald McKenivan, late Corporal, James Campbell, Edward Davidson, Thomas Davidson, George McAdam, Donald Clark, John Grant, Alex`r Cormac, John Chisolm, Alexander McDonald, Ranald McDonald, Alexander McNab, Thomas Cameron [1], Thomas Cameron [2], John Robie, Alexander Fraser, Angus McDonald, Duncan McCraw, James Forbes, Finlay Munro, Willm McNabb, Murdoch McPherson, Willm McKenzie, late Private Soldiers in the 78th Regiment, and William Campbell late Private in the 47th Regt."
- 31 May 1765: In a land petition, dated at Quebec 31 May 1765, the petition of Alexander McArthur and John Simson, late Private Soldiers in His Majesty's 78th Regiment of Foot. Alexander McArthur appears in Captain Archibald Campbell's Company, and John Simpson in the Colonel's Company when the regiment disbanded in 1763. Private men were entitled to 50 acres of land.
- 1 June 1765: "The land petition of Donald Williamson, late Private in the 78th Regiment, John Valance - late Serjeant, John Thomas, Francis Anderson, John Lee, and Joseph Thompson, late Private in the 2d Battalion Royal American Regiment, Mackrick Sears, James Turner and Michael OBryean, late Private in the 47th Regiment."
- 25 July 1765: In a land petition, dated at Quebec 25 Jul 1765, James Abercrombie, Major, 78th Regt., petitions the Honorable James Murray, Governor of the Province of Quebec, for five thousand acres of land in "any of the Colonies in North America."
- 20 November 1765: In a land petition at Quebec, Peter Stuart and Donald McDonald petition the government for land located in the Bay of Chaleur, a familiar area for grant approval. Stuart's name appears twice as fighting on the Plains of Abraham, both in the 78th Regiment, and Donald McDonald's name appears in both the 78th Regiment (numerous instances) and also the 2nd Battalion of the 60th Royal American Regiment.
Albeit seven of these men are listed on the regiment's Subsistence Rolls in 1763, they were not among those previously listed as having been discharged in Canada in 1763; namely, Donald Clark, Alexander McDonald, Alexander McNabb, Angus McDonald, Duncan McCraw, William McNabb, Finlay Munro; and four additional men were not among those previously listed as having served in the 78th Foot; those being John Grant, Thomas Cameron, John Robie, and William McKenzie.
Note: Of the two soldiers named Thomas Cameron, one served on the 78th Foot (his spouse was Marie Francoise Roy), while the second soldier's military regiment is unknown.
These records not only confirm service but also frequently connect veterans to broader family networks. Notably, Lachlan Smith became the father-in-law of Joseph Fraser, son of Lt. Malcolm Fraser—illustrating how land petitions also serve as valuable genealogical tools.
78th Regiment Petitions in Quebec (1766)
Four additional soldiers from the 78th Regiment: Alexander McNab, James McKenzy, Duncan Mcray, and Murdoc Morrison, petition the Crown in this 1766. Two of these men - namely, Alexander McNab and Duncan Mcray (or Mcraw) appear in the May 1765 petition. McNabb, McKenzey, and Morrison appear to be recently discharged soldiers from the 15th Regiment.
18 August 1766: In a land petition dated at Quebec, the petition of Donald Mackay and John Anderson, discharged soldiers in the 78th Regiment.
23 August 1766: Petition of Donald Mackay, a discharged soldier in the 78th Regiment.
27 August 1766: In a land petition dated at Quebec, "Mr. Alex`r Mackay late Serjeant of the 78th Regt. present at Berthier, petitioned for his lands at the Bay of Challour, has given a toleration to Mr. James Thomson Town Sargeant to draw for him not being himself present." This is most likely Alexander McKay, a serjeant, in Captain Hugh Fraser's company when the regiment disbanded in 1763.
30 July 1766: In a land petition dated at Quebec, Ranald MacDonell, late discharged soldier from the 78th and 15th Regiments of Foot, is listed in the as filing with the Lieutenant Governor of the Province of Quebec. There were many soldiers from both the 47th and 78th Regiments that transferred to the 15th Regiment at the conclusion of the war in 1763, electing to stand guard on the province through 1768.
Cross-Referencing Colonial New York Land Surveys
Several names appearing in Quebec land petitions also surface in New York land surveys, particularly in the regions of Albany, Tryon, and Charlotte counties. Many soldiers of the 78th Foot who were unable to secure land in Quebec turned to the Mohawk Valley and northern Hudson River corridor—territories that were still being surveyed and distributed as late as the 1770s.
Petitioners such as Donald Clark, Alexander McNab, and John Grant can be traced through both Canadian and New York records, especially in post-war military bounty land tracts. Cross-referencing their presence in the New York Land Papers (New York State Archives) and Phillipps Maps Collection can yield confirmation of overlapping or migrated claims.
Additional Petitions by 78th Regiment Veterans (1768–1802)
Later petitions show continued attempts by former soldiers to secure land as their families expanded or their prior claims failed to materialize. Highlights include:
- Ranald MacDonell, served in both 78th and 15th Regiments (1768)
- George Geddes, 1787 petition
- John Ross, 1800 petition — identified as a 78th corporal with 12 children
- Additional 1802 petitioners include veterans seeking secondary or final land confirmation
These late petitions demonstrate that land acquisition for veterans was a long and ongoing process, often extending decades past the end of the war.
Final Thoughts
Land petitions from the Seven Years’ War are among the most detailed and accessible military settlement records of the 18th century. For descendants of the 78th Fraser’s Highlanders, and for researchers studying colonial Canada and New York, these documents provide irreplaceable evidence of movement, service, and settlement. Cross-referencing Quebec archives with New York land records unlocks a wider picture of veteran resettlement, family formation, and early Crown policy.
Explore Historical Newspaper Extracts from the Seven Years’ War
Discover firsthand accounts, battlefield reports, and colonial correspondence as printed in 18th-century newspapers during the Seven Years’ War. These curated excerpts offer rare insight into how the war was reported and remembered in its own time.
The administrative procedures referenced here are part of a larger body documentation. Many such records are preserved by Library and Archives Canada.
Works Consulted
- Bouchette, Joseph. Topographical Description of Lower Canada. London: W. Faden, 1815.
- Fraser, Marie. Muster Rolls of the Old 78th Fraser Highlanders. Clan Fraser Society, 2017.
- Quebec Family History Society (QFHS). Quebec Land Grants. May 2017.
- Quebec National Archives. Land Petitions of Lower Canada, 1764–1841.
- New York State Archives. New York Land Papers, Series A0272. Albany, NY.
- Library and Archives Canada. Letters Patent Register Index. Ottawa.
