Court of Inquiry Regarding the Death of Corporal James Macky, 63rd Regiment, Jan. 1758


Proceedings of a Court of Inquiry held by Order of Lieut. Colonel Simon Fraser of his Majesty's 63d or Second Highland Battalion concerning the Manner of the Death of Corporal James Macky of the above regiment.

Members: 
Captain Charles Baillie, President
Lieut. John Cuthbert
Lieut. Charles McDonnell
Lieut. John Fraser
Ensign Simon Fraser

The Evidence of William McKardy then acting as Corporal.

William McKardy declares that about 11 o'clock Tuesday night the 27th Serjt. Alexander Fraser came to the gaurd and inquir'd if they were all present & if they had their Arms, they reply'd they had, upon this Corporal Macky who acted as Serjt. of the gaurd & was lying asleep in Bed, got up, & how soon he saw Serjt. Fraser he damn'd him for disturbing his gaurd, & said he woud confine him, for he knew what for a fellow he was, Serjt. Fraser gave up his sword & sat down, after a few minutes he got up & went to the door, Macky immediately follow'd him, & getting before him gave him a desperate cut with his sword upon the Temple, and seiz'd him by the hair, the men of the gaurd disengaged them & laid hold on Fraser, disengaged his righthand, and getting hold of his durk, struck a Blow at hazard over his shoulder, for he was almost blinded with the Blood that guĹżh'd from his Wound, Macky received the Blow in the Neck & immediately drop't down.~

William McPherson Granadier & Robert Robertson Soldier in the Colonels Company concur in everything with the preceeding Evidence.

The Prisoner Serjt. Fraser being examin'd says, that being the Night of the 27th in Company with some of his Acquaintances at the Quarters of Alex'r McLeod Soldier, about half a Mile from the gaurd, he was surpris'd to see Corporal Macky, who acted as Serjt. of the gaurd come there about nine of the Clock, & advised him in a friendly manner to return to his gaurd as he might remember what happen'd others, for the like offence, about 11 o'Clock Serjt. Fraser was inform'd, that there was some shot fir'd about the gaurd, & that a party from the gaurd was inpursuit of some offenders, He then recollected that Macky was drunk, & perhaps not at his gaurd, & therefore he thought it his duty to repair there immediately, upon coming to the gaurd, found two firelocks at the door of the gaurd, on the outside, which made him conclude the gaurd was not alert, As to what happen'd from the time of his coming to the gaurd, till the blow was given, he gives the same Account as the preceeding Evidence and says that his Intention in coming to the door was to bring in the firelocks that were left out in the rain.
Sign'd Chas. Baille Captain

Source:
Captain Charles Baille, "Court of inquiry concerning the manner of death of Corporal James Mackay." NAS, GD 45-2-29-2B.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017.

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Land Petition of Sundry Private Soldiers of the 78th Regiment of Foot

In the closing months of the Seven Years’ War, soldiers from the 78th Regiment of Foot—known as Fraser’s Highlanders—found themselves demobilized in British North America, many with little more than their uniforms and the promise of land. The petition presented here, submitted by a group of private soldiers in 1763, represents a compelling and rarely preserved appeal for compensation. These men, having served through brutal campaigns in Canada, turned to the Crown to request plots of land in return for their loyal service. Their plea sheds light on the broader struggle of discharged enlisted men to secure stability and recognition in the wake of empire.

In 1802, eleven former soldiers of the 78th Regiment of Foot reduced in America petitioned the Quebec Government for wastelands of the Crown pursuant to the proclamation of 1763. Having never previously received approval for land for any number of reasons; lost paperwork and the inability to accurately prove who they were, including former military service, would have certainly delayed or even forgone the original approval process.

Land Petition of Sundry Private Soldiers of the 78th Regiment of Foot

Quebec 9th. February 1802

To His Excellency Sir Robert Shore Milnes, Baronet, Lieutenant Governor of the Province of Lower Canada &c, &c, &c, in Council~

The petition of Sundry Non-Commissioned officers and private Soldiers of British Regiments and Provincial Corps who were reduced in America – in behalf of themselves and their several and respective families whose names and designations are inserted in a General Schedule hereunder annexed~

Humbly Shewith,

That your petitioners faithfully served His Majesty at various periods of their lives and were reduced in America, thereby coming within the description of persons entitled to grants of certain portions of the waste lands of the Crown, under the authority of the Royal Proclamation and Instructions.

That from want of due information and advice as well as labouring under many other local disadvantages diverse of Your Petitioners who bore arms at the conquest of Canada, and have ever since been settled in the province, were thus deprived of the benefits which would have resulted for themselves and families had they at the time received His Majesty’s Bounty, pursuant to the proclamation of 1763, when in the prime and vigor of their lives they were best able to enjoy and improve their lands.

That such of Your Petitioners come under the foregoing description, humbly conceive it would be an act of justice and indemnity, should it please Your Excellency in Council to comprehend them under the same regulations which govern the Grants to His Majesty’s reduced Forces of 1783 and since the American War, by allowing to them severally Two Hundred Acres and to their wives & Children fifty acres each, as extended by Lord Dorchester to the Loyalists and various other persons.

That Your Petitioners have never received their bounty lands in this or any of His Majesty’s Colonies or provinces in America.

That unable to ascertain what tracts are open for application at present –

Your petitioners humbly prey-

That Your Excellency in council will be pleased to assign unto them Two Hundred Acres each, and such as are married Fifty Acres to their wives and Child respectively, in any Township of equal quality to those awarded to Loyalists and meritorious subjects-
And as in duty bound will ever pray-

                                                                                     R Phillips in behalf
                                                                                     of the Petitioners


Name: James Forbes
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 10 Septr. 1763
Residence:
Trade or Occupation: Labourer
Family:
Remarks: 78th Regt.

Name: John McLeod
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 10 Septr. 1763
Residence:
Trade or Occupation: Farmer
Family:
Remarks: 78th Regt.

Name: Robert Robertson
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 10 Septr. 1763
Residence:
Trade or Occupation: Labourer
Family:
Remarks: 78th Regt.

Name: Dond. McKinnon
Rank: Private
Born: Scotland
Time of Service: 
Discharged: 
Residence:
Trade or Occupation: 
Family: Wife & 10 Children
Remarks: 78th Regt., By affidavit

Name: Dond. Kennedy
Rank: Private
Born: Scotland
Time of Service: 12 years
Discharged: 24 Augt. 1769
Residence:
Trade or Occupation: 
Family: A Wife & 4 Children
Remarks: 15th & 78th Regt.

Name: John Frazer
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 11 Septr. 1763
Residence:
Trade or Occupation: 
Family: A Wife & 9 Children
Remarks: 78th Regt.

Name: William Ross
Rank: Corporal
Born: Scotland
Time of Service: 7 years
Discharged: 11 Septr. 1763
Residence: Rimouskie
Trade or Occupation: 
Family: A Wife & 6 Children
Remarks: 78th Regt. Received an order for 1200 acres

Name: Rand. McDonell
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 11 Septr. 1763
Residence: New Carlisle
Trade or Occupation: Farmer
Family: A Wife & 3 Children
Remarks: 78th Regt. Certificate annexed

Name: Duncan Cumming
Rank: Private
Born: Scotland
Time of Service: 8 years
Discharged: 
Residence: Montreal
Trade or Occupation: 
Family: A Wife & 7 Children
Remarks: 60 & 78th Regt. Certificate annexed

Name: John Fraser
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 11 Septr. 1763
Residence: St. Anns
Trade or Occupation: Blacksmith
Family: A Wife & 9 Children
Remarks: 78th Regt. Certificate annexed

Name: John Buchanan
Rank: Private
Born: Scotland
Time of Service: 7 years
Discharged: 20 Septr. 1763
Residence: 
Trade or Occupation: Labourer
Family: 
Remarks: 78th Regt. Certificate annexed

While officers often received generous land grants or pensions, privates like those represented in this petition had to rely on collective action and administrative persistence. The document not only illuminates the bureaucratic hurdles faced by enlisted men but also underscores their determination to stake a claim in the territories they helped secure. Whether or not their request was granted, the petition itself remains a valuable testament to the human dimensions of empire—where loyalty, hardship, and aspiration met in the uncertain frontier of postwar British Canada.

For further reading on land compensation and soldier-settler transitions, see Return of 200 Acres of Land for Evan Cameron.

Updated June 2025 with additional commentary and archival references.

Works Cited:

"Schedule of certificates and discharges of non-commissioned officers and soldiers reduced in America." LAC, Lower Canada Land Papers, RG1 L3L, vol. 157.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017. 

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Major Clephane's Company Expenses, Kilravock to Glasgow, 1757

A detailed account of Major Clephane's company's expenses on their march from Kilravock to Glasgow, Scotland encompassing approximately 180 miles over a 10-day period, with layovers for entertainment, supplies, and fresh horses. The soldiers would stay in Glasgow for an additional 10 days or so, presumably waiting on the arrival of the remaining companies from the regiment.

Newspaper accounts depict the recruits' uniforms reviewed in Glasgow during this period, and about April 19th proceeding west to Portpatrick en route to Donaghadee, Ireland. From there, they would eventually march south to Cork, Ireland and depart for North America in 10 transport ships under cover of the Enterprize, a 40-gun man-of-war, on June 30, 1757.

In a letter to his brother, dated April 8, 1757 at Kilraick, Major Clephane discussed the first two companies departing together for Glasgow: "...I have at last sent off for Glasgow 124 recruits along with Colonel Fraser’s company (our two companies making the first division of the battalion)." Arthur Rose, Kilraick's uncle, would accompany Clephane's men on the march due to his pressing business around the country.

Expenses from Kilravock to Glasgow
Marcht from Kilraick Thursday 31 March 1757
Dulcey, 31st
1. For Entertenment: £0-10-0

Avemore, April 1st
2. For horse hire: £0-3-6
3. For Entertenment: £0-5-6
4. To McCoulmore for horse hire: £0-6-0

Ruven, April 2d & 3d
5. For Drams to the men: £0-13-6
6. For Entetenment for 2 days: £0-15-6

Dalnacardigk, April 4th
7. For Entetenment: £0-6-6
8. To the Seven Nairn men accounted for: £0-7-0
9. To John Innes 6 mens pay for 2 days accounted for: £0-6-0
10. To John Fraser 8 mens pay for 2 days accounted for: £0-8-0
11. To Donald McIntosh the Cook accounted for: £0-1-6
12. To the seven men sent back to Inverness: £0-7-0
13. To John Robertson accounted for: £0-?-0
14. To Donald Cuthbert accounted for: £0-?-0
15. To McCoulmore for hors hire: £0-5-0
16. To John Watson and Gray: £0-10-6
17. To McCoul: £0-5-0
18. To Donald McDonald & Little Donald McDonald one sh each: £0-2-0

Note: Major Clephane's Company garrisoned April 5th at Aberfeldy. See Note 22 below.

Crief, April 6th
19. To John Watson at Crief April 6th for the men: £3-0-0
20. To McCoulmore for horsehire at Crief: £0-3-6
21. For Drams to the men at Rumelru: £0-10-6
22. For Entertenment at Tay Bridge: £0-6-0
25. To McCoul: £0-3-6

Sterling, April 7th
24. To John Watson more for the mens pay: £2-0-0
25. For Entertenment: £0-4-0
26. To the piper: £0-3-6

Kirkintullock, April the 8th
27. To Entertenment: £0-3-0
29. For Servants and horse: £0-3-0

Glasgow, April the 9th
20. To John Watson more money for the mens pay: £5-5-0

Glasgow, April 11th
30. To McCoule for carreing him home: £?-?-0
31. To old McKenzie accounted for: £0-0-6
32. To McCoule for horse hire at Glasgow: £0-3-6
33. Got back from John Watson of the 5 guineas: £0-18-0
34. Given to John Watson for the mens pay: £5-0-0
35. To James Geddes and his comerad Six pence each the same: £0-1-0

Glasgow, April 13th
36. To John Watson for the mens: £5-0-0
37. Recived Back for John Watson: £1-1-0
38. To Robertson from Holland: £0-3-0
39. To the Piper: £0-2-0
40. Saturday Aprile 16th paid all the men their pay & arrears from the time they left Kilraick till the above date
41. April 6 gave John Watson: £3-2-0
42. To Sandie Rose: £3-3-0
43. More to Sandie Rose: £2-2-0
44. More to Sandie Rose Sunday: £2-2-0
45. Gave more to the mens use: £5-5-0
46. 18 more to Sandie Rose: £1-1-0

Glasgow, April 18th
47. John Watson & Rose Debers
48. To Sandie Rose: £21-0-0
49. from 16th till 18th: £16-15-0
50. from 13th till 16th: £5-0-0
51. from 11th till 13th: £5-0-0
52. from 9th till 11th: £5-5-0

Stirling, April 7th
53. from 7th till 9th: £2-0-0
54. April 6th at Crief£3-0-0

Glasgow, April 18
55. John Watson Credetor
56. Credetor: £1-1-0
57. Credetor: £0-18-0

Notes: 
16. Serjeant John Watson.
18. Most likely father/son.
21. Unable to locate.
22. Tay Bridge at Aberfeldy (Wade's Bridge), was built by General Wade in 1734 on a second road which ran from Crieff to Dalnacardoch. At the time of completion, this was the only bridge anywhere to cross the Tay River.
26. The piper paid.
39. The piper paid.
53-54. Both appear to be late entries.

While at Glasgow, City Quartermaster John Robb secured accommodations for Colonels Montgomery and Fraser's Highland Battalions in both public and private houses.

Sources:
Major James Clephane, "Account of the company's expenses on the march to embark at Greenock, 31 March - 18 April, 1757." NAS, GD125-22-16-16.

Rose, H., and Lachlan Shaw. A Genealogical Deduction of the Family of Rose of Kilravock: with Illustrative Documents from the Family Papers, and Notes. Edinburgh, 1848.

Renwick, Robert. "Glasgow City Quartermaster John Robb." Extracts from the Records of the Burgh of Glasgow: with Charters and Other Documents. Vol. VI, A.D. 1739-59. Scottish Burgh Records Society, 1911.

"Bridges and Crossings of the River Tay at Dunkeld. "https://essonfamilyhistory.com/bridges-and-crossings-of-the-river-tay-at-dunkeld. [Accessed 23 May 2020].

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017.

Last updated 23 May 2020

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Calendar of New York Colonial Land Papers; Soldiers of the 78th Regiment


Be sure to explore our Quebec Land Petitions as some of these same names will appear in both areas.  We have currently identified upwards of 250 soldiers of the 78th Regiment that remained in North America after 1763.

Working through the assistance of the New York State Archives at Albany, we've secured digital copies of the following land petitions.

1763 Petitions
Sept. 14. Certificate of Major Abercrombie that Roderick Fraser, corporal in Capt. Hugh Cameron’s company of the 78th regiment, served for the space of seven years.

Nov. 29. Certificate of Alexr. McLeod, captain of the 78th regiment, that Donald Fraser is dismissed, and allowed to go about his lawful affairs.

1764 Petitions
Feb. --. Petition of Allan McArthur, Donald Livingston, Donald Irvin, David McLeah and Kenneth McKenzie, late soldiers of the 78th regiment, praying their quota of the lands to be granted pursuant to his majesty’s proclamation.

Oct. 12. Certificate of Genl. Gage, that Ensign Alexr. Fraser, junr., served during the war.

Oct. 14. Memorial of Ensign Alexr. Fraser, late of His Majesty's 78th regiment, praying a grant of land in the county of Albany, east of Husdon's River, north of land lately laid out for Lieut. James Bain and Wm. Gregor.

Nov 6. Return of survey for Allan Cameron, late serjeant in the 78th Regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for Alexr. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, east side of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return for survey for Alexr. Fraser and John Fraser, late privates in the 78th regiment, of 100 acres of land in the county of Albany, (Rupert, Vermont).

Nov. 6. Return for survey for Wm. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, (Rupert, Vermont).

Nov. 6. Return of survey for Donald Livingston, Allan McArthur, and Jno. McDonald, late privates in the 78th regiment, of 150 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey of Jno. Mcintosh, late private in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for George Stuart and John McDonald, late private soldiers in the 78th regiment, of 100 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

Nov. 6. Return of survey for Alexr. Fraser, late serjeant in the 78th regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

1765 Petitions
[No date]. Certificate of Major James Abercrombie that Alexr. McKenzie served as soldier in the 78th regiment, and discharged 14th Sept., 1763.

[No date]. Certificate of Major John Small that Alexr. McKenzie served in the 78th regiment during the war, &c., 2d March, 1766.

[No date.] Petition of Angus McDonald, private of the 78th regiment, Miles Carmichal and John Black of said regiment, and John Sutherland, private of the 77th regiment, for a grant of 200 acres of land on the east side of Kinderhook river.

Jan. 19. Certificate of Major James Abercrombie, that Donald Cuthbert served as soldier in the 78th regiment, 10th Sept. 1763.

May 9. Return of survey of Thomas McPherson, late private in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald McIntyre, late corporal in the 78th regiment, of 50 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald McGilvray, John McKinvin, Donald Irvin, Kenneth McKenzie, all privates in the 78th regiment, and John Forbes, George Southerland and Donald McColl, late privates in the 77th, of a tract of 350 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 9. Return of survey for Donald Urquhart, John Sutherland, John Simpson and John McIntire, late privates in the 78th regiment, of a tract of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 23. Return of survey for Allan Cameron, late corporal in the 78th Regiment, of 200 acres of land in the county of Albany, east of Hudson’s river, (Rupert, Vermont).

May 30. Return of survey for Alexr. McKaga, late a private in the 60th regiment, of a tract of 50 acres of land in the county of Albany, south of a tract surveyed for Allan Cameron, late corporal in the 78th regiment, (Rupert, Vermont).

June 15. Petition for Hugh Fraser, late Lieut. in the 78th regiment, for a grant of 2,000 acres of land, on the east side of the Hudson’s river.

July 23. Return of survey for Evan Cameron, late corporal in the 78th regiment, of a tract of 200 acres of land on the east side of the Hudson’s river, in the county of Albany.

Oct. 21. Return of survey for Roderick Fraser, late corporal in the 78th regiment, a tract of 200 acres of land in the county of Albany, on the east side of Hudson’s river.

1766 Petitions
June 22. Certificate of Lieut. Alexr. Fraser, that James Ross served as serjeant in the 78th regiment, commanded by Capt. Fraser, and in Capt. McDonell’s company.

July 8. Petition of James Ross, late serjeant in the 78th regiment, praying that the 200 acres of land formerly petitioned for by them be located in the county of Albany, east of Lake Champlain, and north of lands petitioned for by Lieut. Wm. Barron.

Dec. 1. Certificate that Alexr. Fraser served as corporal in the 78th regiment during the war.

Oct. 24. Memorial of Lieut. Alexander Fraser, of the late 78th regiment, for a grant of 2,000 acres of land, in the townships of New Fane and Townsend.

1767 Petitions
Jan. 18. Certificate that Alexander Robertson served as soldier of the 78th regiment.

Feb. 17. Petition of Alexr. Fraser, late corporal in the 78th regiment, for a grant of 200 acres of land to the east of a tract of 1,000 acres granted to Capt. Shirreff on Lake Champlain.

Mar. 23. Petition of Duncan Weir, serjeant in the 78th regiment, Alexr. McDonald, private, and Duncan McArthur, private in said regiment for a grant of lands near Dear Field on the west side of the Connecticut river.

1768 Petitions
Apr. 27. Petition of Kenneth McCullock, late ensign of the 78th regiment, for 2,000 acres of land on the west side of the North river, in the county of Albany.

1771 Petitions
Feb. 2. Petition of Simon McTavish, in behalf of his father John McTavish, lieutenant in the 78th regiment, for a grant of 2,000 acres of land to the east of Schohary kill.

Apr. 16. Petition of Alexr. Gray, late corporal in the 78th regiment, for a grant of 200 acres of land adjoining to Major Campbell’s land on Lake Champlain, and near Crown Point.

Sep. 11. Certificate of Lieut. Alexr. Fraser that John McGillivray served as corporal in the 78th regiment during the war, 7th April 1767.

Source:
New York Secretary's Office. Calendar of New York Colonial Manuscripts, Indorsed Land Papers; in the Office of the Secretary of State of New York, 1643-1803. [New York, 1864].

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2017.

This article was last updated 26 April 2020.


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