The following monetary dispute between officers in the 78th Regiment occurred in 1761, while the Regiment was in Quebec. The case in which Captain Archibald Campbell acted as Major John Macpherson's agent shows how the 'purchase system' (the buying and selling of companies and commissions within a regiment) worked in old times.
Copie of the Claim Given in By Capt. Archd. Campbell to the Gentlemen Arbitrators
Letter to the Gentlemen Arbitrators, supporting the claim of Major McPherson in the dispute between him and Lieutenant John Nairn as to the sum to be paid by the latter to the former for a company in the 78th Regiment in 1761.
Gentleman,
I shall here lay before you as briefly as I can, everything relating to the Purchase & Sale of Major McPherson’s Company, late of the 78th Regiment.
When the said Major gave in his Resignation in October 1760, Captain Campbell of said Regiment was recommended to be his successor to the majority, and Lieutenant David Baillie was also recommended as Purchaser of Captain Campbell’s Company, for both which the said Major was to receive £1500 Sterling, to be paid in the following manner.
Major Campbell to pay £400 for the majority, Lieutenant Baillie to pay £800 for the Company, the Lieutenant and Ensign to pay the remaining £300 which made up the sum above
Colonel Fraser engaged to give Sterling Bills, to the amount (on Baillies account) if Lieut. Baillie was approved of and got the Company – on account of Baillie’s youth and short Service, His Excellency General Amherst preferred giving him the Purchase at that Time, but gave Major McPherson leave to go home.
On this occasion the Major left a Power in my Hands, to receive the Price of his Company, and give his successor or any concerned Discharges for the same.
About the Middle of March 1761, Lieut. John Nairn was recommended as Purchaser of said Company, whose former Service & Rank in the Regiment intitled to the Purchase, preferable to Lieutenant Baillie. Sometime in June following his Commission was sent to the Commanding Officer of the Regiment dated 24 April 1761.
In July after Captain John Nairn paid £600 of the Purchase Money in Sterling Bills of Exchange and made an offer of £400 more in cash to Major Campbell at the Exchange of 4/8d or 4/10d p Dollar, as no Bills of Exchange could be purchased at that Rate in Town. The said Major, or any concerned could not accept of this money, as they could not remitt it home without a considerable Discompt.
I imagine as Lieutenant Nairn suceeded to Lieut. Baillie’s Purchase, he is certainly liable to all the agreement, made with said Baillie, as there was no other made with him, or any other on his account.
I beg that the gentleman Arbitrators will consider the above and determine whether it is not in like cases agreeable to the Practice of the Army, that Captain Nairn should be made liable, to pay the sum promised & agreed upon with Baillie, and also the manner in which the same ought to be paid, and lastly, whether it is not agreeable to the said Practice, that the Purchaser should pay the lawfull Interest, for the money agreed upon, from the Date of his Commission, till the arrival of the Bills, and until these Bills are accepted of. Especially as the Regiment is so long Deferred as in the Case it is, and by what appears to me an omission in the Purchaser.
I beg leave to inform you, gentleman, that the aforesaid £400 lies still in Major Campbell’s hands, dead, to the Purchaser and Seller since July Last. And am, &c.,
[Signed]
Arch’d. Campbell
Copie of the Sentence of the Arbitrators
Sentence of the Arbitrators as to the payment to be made by Captain John Nairn to Major John Macpherson, late of the 78th Regiment (having regard to the concurred testimony of Captains Archibald and Alexander Campbell), Quebec, 6 April 1762.
Whereas the Honorable James Murray Esqr Governor of Quebec in behalf of Captain John Nairn of the 78th Regiment on the one part, and Captain Archibald Campbell of said Regiment in behalf of John Macpherson Esqr. Late Major also of said Regiment on the other part, have thought proper by an Instrument dated the 5th day of this present Month of April, to nominate and appoint us whose Names are underwritten, to be arbitrators and umpires in a Dispute arisen between said Major Macpherson and Captain John Nairn, in Relation to a Company Purchased by the Latter from the Formet in the said 78th Regiment.
We the arbitrators having taken the same into our most Serious Consideration, and heard all that the several Parties had to say on the occasion, having also enquired into the usual price paid for Companies in the 78th Regiment, which we find by the Concurrent Testimony of Captains Archibald and Alexander Campbell of the said Regiment, to have never at any time exceeded One Thousand Pounds Sterling-
We the said arbitrators unanimously award that Captain John Nairn do pay unto Major John Macpherson, the sum of One Thousand Pounds Sterling for the Company, according to the custom of the said Regiment, and as it would be the heigth of Injustice, was Captain Nairn to be bound by a Bargain made with his Junior in the same Regiment, to whom on that account, and by reason of his youth, it was the highest consequence at any price to gain rank –
As the delay of Payment has been owing to Major Macpherson’s claiming what does not appear to be his right, we the arbitrators further judge that Captain John Nairn should pay Four Hundred Pounds lying in Major Campbell’s hands in Sterling, at the Exchange Current in Quenbec at the time that Money was Deposited, said Rate to be ascertained by two Paymasters of Regiments or two Merchants at the option of the Parties –
For the foregoing Reasons, the arbitrators cannot think Major Macpherson entitled to any Interest on the said Purchase Money.
Given under our Hands at Quebec
This 6th day of April 1762
(Signed)
P. Emis Irving
Jams. Gardner
H.T. Cramache
A True Copy
H.T. Cramache
Source:
Papers, chiefly Gaelic, of Duncan Campbell, Inverness (1826-1916). NLS, MS.14883, Folios 61-61v; 63-63v. [https://manuscripts.nls.uk/repositories/2/resources/20143].
(xxxix.) ‘Copie of the Claim Given in By Capt. Archd. Campbell to the Gentlemen Arbitrators’. (Folios 61-62.)
(xl.) ‘Copie of the Sentence of the Arbitrators’. (Folios 63-64.)
© Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2022.