Proposal to Transport Deserters to North America, 1757

To Their Excellencies The Lords Justices Generall and Generall Governours of Ireland

The Memoriall of John Earl of Rothes

Representeth,

That by the Returns of the Embarkation of His Majesties two Highland Battalions Commanded by Lieutenant Collonels Montgomery and Fraser dated the 27th of June last, it appears, that fifty six men belonging to these two Battalions are left behind sick at Corke or upon their march.

That Captain Donald Macdonald of Collo. Frasers Battalion is since the embarkation come from Scotland with one Subaltern and thirty one men belonging to that Battalion who are now upon their march to Corke.

That His Grace The Lord Lieutenant by his letter of the 14th of last month signified to you Execs His Majesties pleasure that as many of the Deserters as possible from those Regiments who have lately gone abroad shou'd be embarked with the Highland Battalions in order to be incorporated into His Majesties Regiments in North America, in consequence of which fourty five of these Deserters have already been sent off, and there are now at Corke and in the different goals [sic, gaols] of this Kingdom a considerable number of them ready for the same purposes.

Your Memorialist therefore Submits to your Excellencies whither it would not be for the good of His Majesties Service, that a Vessell be freighted for carrying the men abovementioned belonging to the two Highland Battalions to such place in North America as shall be thought proper and for carrying with them such Deserters from the Regiments abovementioned as now are in custody or may be apprehended before the embarkation.

[signed] 

Rothes

Cover sheet:
Memoriall The Earl of Rothes To Their Exes The Lords Justices, 11th July 1757;
Inclosed in the Lord Justices Letter of the 12 July 1757;
in the Lord Lieut of Ireland's of the 30th July 1757

Source:

Memorial of John, Earl of Rothes requesting provision of a vessel to carry the two Highland battalions commanded by Lieutenant Colonels Montgomery and Fraser and also all deserters caught in Ireland to North America. TNA, SP 63/415/3105.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2022.

Desertion in the Ranks

There's an unexplained enthusiasm I experience exploring old military records, which most certainly coincides with 20 years of active duty military service. I had honorably served with the United States Navy from 1993-2013 and, in that time, experienced a small percentage of enlistees with some forms of legal issues - mostly drugs and alcohol-related incidences. But, there were many days when a sailor failed to show up at his or her appointed place of duty, and it was on those days the individual was marked 'unauthorized absence.' Occasionally our Squadron was forced to document a service member 'absent without leave,' or AWOL (after 28 days away of missed duty), but there was only one instance during my career when I witnessed someone marked as 'deserter.' 

Life in the British army in the mid-18th century was extremely disciplined, and even minor matters of misconduct did not go unpunished. The courts - either regimental, district or general - were advised by a military lawyer and made up of panels of officers, with some sentences even being determined by His Majesty. The main crimes normally concerned drunkenness, theft, and general misbehavior. The wrong-doer might be punished by running the gauntlet, which involved being flogged by one's own regiment as he passed between two lines of soldiers. In 1765, a soldier was piquetted (made to stand on a tent peg) without shoes for drunken misconduct.

One of the more common offenses that required excessive punishment was desertion. A soldier could be branded with a 'D' if captured, and if he re-offended could face execution. Death sentences were not all that common, with hanging normally reserved for murderers, and death by shot employed for those who were repeat offenders. The criminals were punished in front of their peers and officers and the utter humiliation suffered was meant to deter from any further wrongdoing. Punishments were often painful and disgraceful to discourage those who bore witness from undergoing the same fate. However, it was customary that a soldier was excepted back by his peers without any discredit once he had been punished. One particular case worth noting involved Joseph Stoakes who, it was reported, between 1728 and 1730, deserted his Regiment three times, and upon being captured for the third time was sentenced by court-martial to death. 

Any incidences of desertion in Colonel Fraser's 78th Regiment were limited in discussion in correspondence. During the early formation of the regiment in 1757, Major James Clephane (Fraser's second-in-command) did briefly discuss this topic with a close confidante. Writing from Kilravock Castle, Croy, Scotland, on 8 April 1757, he proudly boasts of his Company recruits. He wrote: "I have at last sent of [sic, off] for Glasgow 124 recruits, not one of them was ever confined and not one deserted...I was obliged to put a stop to my friends recruiting for me in Angus and Perthshire otherwise my number of men would be too great..." [1] And the colonel, writing on 28 June 1757 from onboard the Ann Transport in Cove Harbour, Cork, Ireland, briefly discussed with Baillie James Fraser the following. 

"After a halt of Five days at Cork to recover the fatigues of a march of 400 miles the battalion Embark'd, consisting of 1000 fine fellows besides 170 Supernumerarys, being 40 more than the Secretary at War desired me to bring, those 40 were intended to answer any deficiency that might arise by death or Desertion, but I did not lose a man by either from the day we left Glasgow and but 7 before." [2]

Alexander Campbell

A document entitled, List of Perth Prisoners, provided by Perth and Kinross Council Archive, A K Bell Library, Perth, Scotland, contains the name of Alexander Campbell, an identified deserter from Colonel Fraser's Regiment. [3] The document is dated 31 August 1757 and, unless he was on the run for five months (initial recruiting was completed by April 1757), this indicates desertion from one of the three additional companies also raised for service; the first 10 companies departed Cork, Ireland on 30 June 1757 and were already in North America by this time. And considering Campbell was jailed in Perth, he may have been familiar with the area as there was an authorized recruit depot in the city of Dunkeld, 15 miles north of his prison cell at the old Tolbooth.

Coincidentally, this same name appears in Captain Hugh Fraser's Company at the end of the war, but there is no evidence they are the same soldier.

List of Prisoners within the Tolbooth of Perth

Francis Porter from Forfar was banished by Sentance [sic] of the Lords in April 1755.

Jean Henry from Forfar was banished by Sentance of the Lords in May last.

Duncan McGrigor and Hugh Cameron were committed prisoners by a Warrant from Clerk Miller as Justice of the peace.

John McNaughton Dester [sic, deserter] from Colonel Perrys Regiment was Committed prisoner by a Warrant from Mr Campbell of Achalader.

Alexander Campbell Deserter from Colonel Frazers Regiment was Committed prisoner by a Warrant from Baillie Robert Robertson and Clerk Miller two of his Majesty's Justices of the peace from Perth Shire. 

Cover sheet

List of Perth Prisoners

31 Aug 1757

Note: November 10, 1757. Order to Colin Drummond, collector of land tax in Perthshire, to pay George Buchanan, a soldier, the sum of 20s for the apprehension of Hugh Cameron, a deserter. [NRS, GD22/1/524].

Forfar and Achalader are towns situated about 20 and 30 miles respectively outside the city of Perth.

Charles Duff

Charles Duff, a farmhand, was imprisoned in 1757 in the Tolbooth in Aberdeen, a 17th-century former jail which now operates as museum. While plowing the fields of his master William Robertson, Duff was taken forcibly by a Mr. Fraser of Frendach and press ganged into the army. In 1756, following the outbreak of the Seven Years' War, an Act was passed in Parliament to allow a quick recruitment campaign to be started throughout the country. The Act allowed able-bodied, unemployed men 17-45 years of age, with no form of monetary support or employment to be forced into the army. Duff was threatened  with imprisonment if he did not agree with the impressment.

While appealing the reason for his incarceration he was also accused of wearing a tartan, which had been banned by the Dress Act of 1756, following the defeat of the 1745 Jacobite uprising at the Battle of Culloden. Tartan was viewed as a symbol of Highland pride, of the Stuart Dynasty and of Scottish Independence. 

Transcript from the Aberdeen Commission for

Military Impressment Appeals, Vol. 1.

"Thereafter there was given into the meeting a Petition from Charles Duff servant to William Robertson in Lumphanan Setting Forth That the Petitioner was sometime ago forcibly taken from his Masters plough by Mr Fraser of Frendrach and others his Assistant and threatened to be carried Prisoner to Aberdeen if he would not Inlist with Captain Simon Fraser which your Petitioner Refusing to do he was carried prisoner accordingly and was incarcerate in the Tolbooth of Aberdeen where he presently remains Contrair to all Laws and Equity and therefore Craving that it might please their Honours to take their Petitioners Case under their Consideration and to order his liberation acording [sic] to Justice and the said Petition signed by the said Charles Duff bears.

Compeared Thomas Mossman Procurator Fiscall and Represented that the Petitioner was Incarcerate for wearing the Highland plaid which he offers to prove and Craves a teim [sic] may be assigned for that purpose. Which being Considered by the meeting they Grant diligence for summoning Witness to prove the above Alledgeance against the seventh day of March Current and Appoints the Petitioner to remain in Prison until that time or find sufficient bail for his appearance the said day." [4]

While it's not absolutely certain this event was classified as desertion, Colonel Fraser may have construed it as such. Unfortunately, there are no records to indicate the outcome of Charles Duff's case.

Note: Captain Simon Fraser, who led one of Colonel Fraser's 10 original companies to North America, was an assigned recruiter covering the Aberdeen area.

Sources:

1. Rose and Shaw. A Genealogical Deduction of the Family of Rose of Kilravock (Nairnshire, Scotland, 1848), pp. 463-4; Major Clephane is referencing his "friend" John Strachan, a recruiter stationed in Dundee, Scotland. Strachan's surviving list of 12 original recruits does not contain Alexander Campbell's name. [NRS, GD125/22/16/18].

2. Macdonald, Rev. Archibald, D, D. The Old Lords of Lovat and Beaufort (1934), p. 140.

3. B59-24-11-163 (front and back pages).

4. Tolbooth 400. Tales from the Tolbooth. An Information Booklet of Character Histories and Text Transcript, pp.22-5.

©  Jeffrey Campbell, The 78th Regiment of Foot, 2021.

Court-martial of Corporal Angus McDonald, 78th Regiment of Foot, 1761

In his Sketches, Stewart of Garth maintained that the high moral code of the early Highlanders meant that misconduct was virtually unknown within their regiments. Although it is true that Highlanders feature far less frequently in the General Courts-martial records than miscreants from other battalions, it would be wrong to go to the other extreme and suggest that their ranks were filled with plaster saints. A worthy champion of this violent heritage was Corporal Angus McDonald of Fraser's Highlanders, who was brought before a General Court-martial at Quebec in September 1761.

The following is a complete transcript of the corporal's legal proceedings.

Official proceedings
Proceedings of a General Court Martial held at Quebec the 25th Day of September 1761, By Virtue of a Warrant from his Excellency Governor Murray dated the 24th said Month.

Major James Agnew President.

Members:

Captain Samuel Gardiner

Captain George Byrd

Captain Robert Rutherford

Captain John Carden

Captain Edmund Malcome

Captain John Brown

Captain Nicholas Cox

Captain James Dalrymple

Captain Thomas Smelt

Captain Robert Brigstock

Captain Henry Alt

Captain Edward Crymble

Hector Theophilus Cramaché Deputy Judge Advocate.

Opening statement

The Court being duly Sworn the Prisoner Angus MacDonald of the 78th Regiment was brought before the Court and tried for quitting his Post, and robbing several of the French Inhabitants under Pretence he had orders to take Quarters for some Troops.

Deposition of Lieutenant Henry Marr

A Letter from Lieutenant Marr of the 47th Regiment dated the 21st of September at St. Lawrence to Lieutenant Mills as Town Adjutant.

St. Lawrence 21st September 1761

Dear Sir,

When I left St Francois to proceed to this Place, I was ordered by Major Irving to leave a Corporal, and two Men, as a Guard, to the King's wood; I accordingly ordered the Prisoner Corporal Macdonald of the 78th Regiment to remain there, but he either tired with Solitude, or fond of Novelty and Frolick, determined to leave his Guard and cross the River to the Parishes of St. Joachim, St. Anns, and Chateau in the North Shore, where he behaved in a very extraordinary manner; as you will see by the enclosed Letter, which fully represents the Affair, when I first heard of his being absent I imagined he had deserted, and ordered Strick Search to be made for him every where till Sunday last, when I was favoured with the enclosed relating to him.

/Signed/

Henry Marr Lieutenant

47th Regiment

Deposition of Ensign Philip Pitman

A Letter from Ensign Pitman of the 19th September dated at Chateau River.

Chateau River 19th Sepr. 1761

Dear Sir,

One Angus Monro or McDonald has been up and down the Parishes of St. Joachim, St. Anns, and Chateau for this week past, imposing on the Inhabitants of said Parishes in a most Vilinous, and extraordinary manner, by extorting from them Money, Horses, and anything he had occasion for shewing as he pretended an order for so doing in writing; and sometimes on refusal threatened to beat, or put them to Death, pretending to be an officer, he is a Soldier of the 78th Regiment above the middle size, and has Caroty Hair, is of Captain Nairns Company, and I understand belongs to your Party, I this Day rode from Chateau to St. Anns privetly to apprehend him, but unfortunately he was gone over to the Island an Hour before I got there, I hope you will take all possible Care to secure him, that he may be brought to Justice, I write this Letter which I send with the Captains of Malitia of whom he got four Dollars, as he did from the Captains of Malitia of the other two Parishes.

/Signed/

Ph: Pitman

Deposition of John Morris

John Morris Soldier of the 58th Regiment was sworn and deposes, that the Prisoner is a Soldier belonging to Lieutenant Marrs Party, on the Island of Orleans, and was ordered with two other Men to take some Wood, at St. Francois in that Island, and that Lieut. Marr, having received Information the Prisoner had drawn some Money from the Captains of Militia on the North Shore, the Deponent was sent by him for them, where he saw the Houses marked with scores for Quarters and Magazines as he was informed by the Canadians that he returned, and was sent to St. Francois by Lieutenant Marr with four Men, to take him up, which he did, and Carried him to Town.

Deposition of Captain Jacques Perrault

Jacques Perrault Captain of the Militia of St. Famille in the Island of Orleans being sworn deposes, that the Prisoner came to his Parish, saying he had Orders to see what Houses in his Parish were capable of receiving Men, that he asked him for his Orders, that he said he had none, and must make a Report to the General first, that afterwards he demanded four Dollars of the Deponent and upon his saying he had none, he ordered him to get a canoe with three Men and that he would go straight to Quebec, to complain, that fearing the Consequence he offered him two which he accepted, that he commanded a Canoe to carry him over to the North Shore.

Deposition of Captain Jean Lesarre

Jean Lesarre Captain of the Militia of St. Anns being sworn deposes, that he found on his Return, from Town, the Prisoner at his House, where he had landed from St. Famille, that the Prisoner told him he must shew him the best Houses to Lodge 48 Men, and they must cut and carry to the water Side every Week 48 Cords of Wood, that he, or his Serjeant must go with him to St. Joachim what he made him assemble the whole Parish, nay even ordered the Women to appear, and said he would not Quarter Men in the Houses where there were young Women, that he demanded five Dollars, that the Deponent not having a farthing was obliged to search the whole Parish to borrow three, for which he pretended to give a Receipt, now produced, being a Scrap of paper, with some scratches on it, the Deponent further says the Prisoner was there three Days backwards and forewards in this Parish, and that he appeared to him the whole Time very much in his Senses, in the same manner he does now, and further that he ordered a Canoe to carry him back to St. Famille.

The Deponent being asked upon what pretense the Prisoner demanded the Money, says, he informed him, it was the Generals order he should have five Dollars of each Captain for his Expenses, produced five, or six Papers, which he said were these orders, and threatened to send him to Quebec, if he did not comply.

Deposition of Captain Francis Raneour

Francis Raneour Captain of the Militia of St. Joachim being sworn deposes, he was sent for by the Prisoner to a Publick House, about ¾ of a League from his, that after some Time he told him he must Quarter 48 Men, and some Officers; to the amount of Sixty, and demands four Dollars, which the Deponent protested he could not comply with, after pressing, the Man of the Publick House lent the Man four Dollars, which he gave the Prisoner, who returned him a Shilling, that he did not give a Receipt, but took his name down upon a Piece of Paper.

The Deponent being asked upon what Pretence he demanded the four Dollars, says by the Generals Order, and it would be repaid by his Secretary.

Deposition of Captain Eustache Bacon

Eustache Bacon Captain of the Militia of Chateau Richer being sworn deposes that he was sent for by the Prisoner to a House where he was told to assemble the Company next morning at Six Oclock, that representing this was a little too early he put it till eight o'clock, that he afterwards demanded four dollars of him, by order of the Governor, and after making some Difficulty, he borrowed two French Crowns, and two Dollars, which he gave the Prisoner who returned one Shilling.

The Deponent being asked if the Prisoner appeared at all wrong in the head, answers on the Contrary appeared very Sensible.

Deposition of Corporal Angus McDonald

The Prisoner in his Defence says he was out of his Senses at that Time, that he is subject to the falling Sickness, for which he was marked down by Doctor Russel to be discharged, and that he is generally out of his Senses three Days after he comes out of a Fitt, one of which he had before he left the Island of Orleans.

Deposition of Ensign [John] Gregarson

Ensign Gregarson of the 2d Battalion of the Royal American Regiment being sworn Deposes, that he was in the 78th Regt. and heard that the Prisoner had Fitts, but never heard that he was Mad; being asked if he ever saw him in Fitts, or Mad, says not.

Deposition of Ensign Robert McPherson

Ensign Robert McPherson of said Battalion being sworn, Deposes, that he remembers the Prisoner, in the Regiment in which he was Volunteer, and never heard of his having Fitts, till this day.

Deposition of Serjeant James Robinson

Serjeant James Robinson of the 78th Regiment being Sworn, Deposes, that he heard a Serjeant who kept the Hospital say the Prisoner had the falling Sickness. 

Verdict

The Court having heard and examined the Allegations against the Prisoner, together with what he has to offer in his Defence Is of opinion that Angus McDonald Soldier of the 78th Regiment is Guilty of the Charge brought against him, and doth adjudge him to receive two thousand Lashes, To repay the Captains of Militia the Money said McDonald extorted from them, if there is so much owing to him by his Captain, or be put under Stoppages, not exceeding one half of his Pay till the whole is repaid.

Sentencing confirmation
I do hereby confirm the foregoing Sentence, that Angus McDonald Soldier in the 78th Regiment shall receive two thousand Lashes and repay the Money extorted from the Captains of Militia.

Given under my Hand at
Quebec this 26th Sept. 1761
/Signed/
Ja: Murray

Note: Corporal Angus McDonald does not appear on any known muster rolls after this date and is presumed to have been discharged prior to the official disbandment of his Regiment in December 1763.

Sources: 

General Courts-martial records, Quebec, 25 September 1761, TNA WO 71/71.

Stewart, Sketches of the Highlanders, I, 235-6.

Brumwell, Stephen, Redcoats: The British Soldier and War in the Americas, 1755-1763, pp. 280-1. Cambridge University Press, 2002.

©  Jeffrey Campbell, The 78th Regiment of Foot, 2018.