Marriages in the 78th Regiment, 1757-1765

A picturesque 18th-century panorama of Glasgow Green, a vast public park nestled in the heart of Scotland's bustling city of Glasgow, as seen from an elevated viewpoint in the year 1757. The lush, emerald landscape stretches out, dotted with clusters of mature trees that cast playful shadows on the gently rolling lawns. In the foreground, a group of well-dressed individuals are engaged in a lively conversation, while children frolic and laugh nearby. To the left, a majestic stone archway serves as an entrance to the green, adorned with intricate carvings that speak to the era's grandeur. (Jeffrey Campbell, Glasgow Green, 2024. Artist's rendition created with Perchance AI Image Generator)

Marriages in the 78th Regiment, 1757-1765

Undoubtedly, the number one question we receive from individuals researching their Highlander ancestry is, are there marriage records available for British soldiers who served during the Seven Years' War in North America? The simple answer is yes and no. Researchers will have far better success if their soldiers married in Scotland, rather than expecting to locate a marriage record in Quebec, Canada, before 1764. If you have confirmation of a marriage that occurred during the war, we would love to hear from you.

Researching my family's missing marriage document c.1761 in Quebec has been quite a daunting task, and it is evident others also share in my same predicament. Our Highlander ancestor, Private William Campbell (1731-1811; parents unknown), a soldier in Colonel Fraser's 78th Regiment, is purported to have married Marie Josephte Chartier (1732-1799; the proven daughter of Louis Chartier and Marie-Madeleine Lefevbre) either near the town of Berthier, which was established as regimental headquarters, or a few miles south near Deschambault-Grondines where their first child Marie was baptized in November 1761. In fact young Marie's baptismal entry in the parish records of Saint-Joseph-de-Deschambault even states: "...of the legitimate marriage of..." William and a small contingency of his battalion mates were stationed at Deschambault supporting a few companies of the 43rd Foot, both providing guard should any of the French begin traversing up the St. Lawrence River. However, 24 years later and still no record of a marriage has been uncovered. And after conversing with other researchers, I began to see a similar pattern emerge: there seems to be an archival black hole, so to speak, for British soldiers' marriage records between 1757-1763, in the various archives and parishes in/around Quebec. 

I recall reading that British military leadership excluded the destruction of parishes during the war [https://heritage.canadiana.ca/view/oocihm.lac_reel_c369/389]. And although fires were deliberately set during the conflict to other buildings and farmhouses on both sides of the St. Lawrence River, places of worship, hospitals, and strategic garrisons were off-limits. Collateral damage, however, was and still remains a fact of war. Of course, natural disasters for the past few hundred years certainly could have also played a part in the missing records, too. Either way, I found this as both an anomaly and an opportunity to explore further 

The General's Orders [1]

Through my research in the Quebec Archives, one particular contemporary document was discovered, written in 1759 by General George Townshend, referencing General Jeffery Amherst, successor to General James Wolfe as commander of the British after he fell on the Plains of Abraham battlefield a few weeks earlier, on 13 September. Located within Townshend's Orderly book, this document appears to account for missing North American marriage records:

Quebec, 6 October 1759

"The General desires that the Commanding Officers of Regts. will not suffer their men to mary [sic] with the French."

In other words, senior leadership clearly established that British soldiers were forbidden from engaging in matrimony with the French Canadians during the conflict.

Religion

British soldiers of the Seven Years' War were primarily of the Protestant faith. Of the specific criteria outlined in the Recruiting Act, 1756-7 qualifying an individual for enlistment in the army, one particular bullet prohibited 'known Papists' from joining. Unlike their Irish counterparts, who were required upon enlistment to submit religious certificates attesting to their faith, [2] we've not uncovered supporting evidence requiring Scottish soldiers to provide the same documentation.

French-Canadians were primarily of the Roman Catholic faith. And while each religion recognizes and adheres to its practicing values, King George II did not recognize Roman Catholics during the war. Albeit we can only speculate his thoughts of the Catholic religion and its supporting people, General James Murray, a British soldier and governor of Quebec in 1760-68, in the summer of 1763, made his thoughts quite clear of the local inhabitants. In a September 1763 letter to General Amherst, Murray wrote: "...The present method of Cantoning the Troops in a new Conquer'd country, the Inhabitants of which, are of a different Religion from the Conquerors, and are of all the People upon the Earth the most ignorant, Superstitious, and Bigotted, consequently the most influenced by the Priesthood, seems to me very imprudent..." [3]

As it was clear King George II restricted his men in North America from marrying the local Quebecoise for many reasons (religion played a part, but the king also feared desertion through debauchery), the marriage order was rescinded in the summer of 1763, and the Roman Catholic religion was officially recognized in preparation for a new government. It was ordered in December 1763 that all public places of worship display a notice including a table of marriages.

Without Benefit of Clergy

In 2001, Marie Fraser of the Clan Fraser Society of Canada authored an article addressing the potential for marriages between British soldiers and local French ladies during the Seven Years' War. The following snippet appears in the article.

Some of these Fraser Highlanders turned to farming and raising a family in a strange land. It was inevitable that romances blossomed. However these conquering heroes faced a more formidable opponent in the form of the local priest, and his bishop, who were unwilling to solemnize marriages involving a Protestant groom. In Quebec in the 1760s and 1770s, many of the Scottish soldiers and their Roman Catholic brides lived without benefit of clergy, although their children were baptized, albeit in many cases the entry by the local priest noted that the child was illegitimate. Also, there were very few Protestant clergy in the country, and the women and their families would probably have been very unhappy about marrying in a Protestant church. Those who could afford to do so, had a marriage contract drawn up by the local notary as a means of legalizing their union. [Fraser, Marie (2005). 'The Old 78th Regiment of Foot'. 

https://web.archive.org/web/20061021041126/http://clanfraser.ca/78th.htm. Accessed 17 April 2023].

The Military Wedding

The following article first appeared on the Library and Archives Canada website and provides insight into "unofficial marriages" which may have been practiced among the British regiments. "Leaping over the sword" has its roots in ancient times and was said to constitute a military marriage.

When a relationship became serious enough, a form of wedding called "leaping over the sword" took place. In this ancient custom, the company would gather around a sword on the floor, in front of which stood the couple, hand-in-hand. A corporal or sergeant acting as the clergyman would order, "Leap, rogue, and jump, whore, and then you are married for evermore." The happy couple would jump over the sword hand-in-hand as the drum beat. From this moment, they were considered man and wife. The event was sometimes followed by a "hoisting," a ceremonial burial of bachelorhood ending in a small parade during which the groom was carried by two of his mates, preceded by a fife and drum playing "The Cuckold's March."

In principle, every soldier had to request official permission to marry. Very few did so, however, because the authorities did not look favourably upon their soldiers marrying. Not until the 1830s did they find a connection between the low desertion rate among married soldiers and the stabilizing influence of their wives. But even in 1863, after the social reforms had been introduced in the mid-nineteenth century, only eight percent of soldiers sent overseas were formally married. Given the many problems involved, it would appear that the vast majority preferred to remain single [http://www.cmhg-phmc.gc.ca/cmh-pmc/page-519-eng.aspx. Accessed 7 July 2023].

Marriage Records

The following is a list of transcribed marriage entries for soldiers that served in the 78th Regiment. Unless otherwise noted, the final disposition of each soldier has not been verified. Men may have transferred to other military regiments, suffered as a casualty of war, discharged in North America, or returned to Scotland at the end of their enlistment. And while approximately 50 Quebec marriage records for men who served in the 78th Foot have been recorded in the book entitled, Les premieres familles anglo-canadiennes issues des marriages mixtes au Quebec (Marcel Fournier, 2001), further analysis of each record needs to be performed to ensure its accuracy. Records will be added to this list upon verification.

It should be noted a predetermined number of women were authorized to accompany their husbands to North America and were instrumental in performing camp duties for the regiment, which would have included laundry, cooking, sewing, and caring for the children.

Anderson

n.p; n.d.

On October 3rd, 1757, the unnamed spouse of John Anderson is mentioned as having received £5 at Halifax, Nova Scotia, "for his [her husband's] use till clearing." [NAS, GD125-22-17-0003].

Cameron

The marriage contract between Thomas Cameron and Francoise Roy was drawn up by Jean-Claude Panet, Quebec notary, on 3 July 1772; the marriage occurred days later on 6 July 1772 at Saint Vallier, Bellechasse, Quebec, Canada. Although the contract does not support service in the 78th Regiment (1757-1763), that information is contained in his application for Crown land filed with the Quebec government on 26 August 1801. [Notarial records of Jean-Claude Panet housed at BAnQ, Montreal, Canada; LAC, Lower Canada Land Papers, RG 1 L 3L Vol. 54, pp. 27436-27440].

Chisholm

Kilmorack, Inverness, Scotland

October, 28th, 1766

There were married Duncan Chisholm in Craigscorie late Soldier in Coll Frasers Regt & [...] Donegal in Craigscorie. [Parish registers for Kilmorack, 1764-1854. FHL, SLC, Utah, Microfilm 007907499, image 702].

Ferguson

County Lanarkshire, Scotland

May 1st, 1757

Daniel Ferguson Soldier in Collonel Frazers Battalion & Janet McAula L[awful] D[aughter] of the deceas'd Thos. McAula Hammerman in Glasgow. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 90].

Note: Daniel and Donald are sometimes, but not always, interchangeable in Scotland, because Domhnall, the Gaelic version of Donald, may be Anglicised as Daniel.

Forbes

Kilmorack, Inverness, Scotland

January 31st, 1764

Hugh Forbes alias Grieasich in Aiges Soldier in Coll Fraser's Regt married to Ann Fraser in [...]. [Parish registers for Kilmorack, 1764-1854. FHL, SLC, Utah, Microfilm 007907499, image 701].

Fraser

Kilmorack, Inverness, Scotland

July 28, 1764

There was married at Beauly William Fraser late of Coll. Frasers Regmt. with [...] Hutchinson daughter of Alexr. Hutchinson there. [Parish registers for Kilmorack, 1764-1854. FHL, SLC, Utah, Microfilm 007907599, image 702].

Ganstone

Edinburgh, Midlothian, Scotland

January 13, 1764

William Ganstone late Soldier in Colonel Frazers Regiment of foot and Helen Grant/daur. to Donald Grant Blacksmith in PiterHead / both indwellers in Canongate gave up their names to be proclaimed in order to marriage. [Parish registers of Cannongate Church, Edinburgh, 1564-1872. FHL, SLC, Utah, Microfilm 7908857, image 630].

Note: In 1763, he is recorded as William Ganson in Captain John Nairn's Company.

Gillies

County Lanarkshire, Scotland

April 17, 1757

Neill Gillies Soldier in Collonel Frazers Battalion & Margt. Brown Residg. in Blantire. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 90].

MacArthur

n.p; n.d.

On October 3rd, 1757, the unnamed spouse of Alexander MacArthur is mentioned as having received £5 at Halifax, Nova Scotia, "for his [her husband's] use till clearing." [NAS, GD125-22-17-0003].

McAndrew

Kilmorack, Inverness, Scotland

June 12, 1764

There was married William Fraser McAndrew late Soldier in Coll. Frasers Regt. in Annat with Ann [?] Fraser the daughter to Thos. Mcfarqhar in Killmorack. [Parish registers for Kilmorack, 1764-1854. FHL, SLC, Utah, Microfilm 007907499, image 702].

McIntire

County Lanarkshire, Scotland

April 17, 1757

Patrick McIntire Soldier in Collonel Frazers Battalion & Christian Bell Residg. in Glasgow. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 90].

McLean

County Lanarkshire, Scotland

April 29, 1757

John McLean Surgeon of Collonel Frazers highland Battalion & Agnes Lang L[awful] D[aughter] of the deceas'd John Lang Mercht in Glasgow irregularly married & this day judicially adhered to before the South west session. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 90].

Note: Appointed regimental surgeon 12 January 1757; the absent officer's list indicates "John MacLean, Surgeon, gone to England 20 October 1761 by leave of General Amherst." [Marie Fraser, Clan Fraser Society, Toronto, 2001].

McPherson

County Lanarkshire, Scotland

November 7, 1757

James McPherson Sergeant in Collonell Frazers Regiment & Mary Cameron Residg. in Glasgow. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 96].

McRae

County Lanarkshire, Scotland

May 8, 1757

Hugh McRae Soldier in Collonel Frazers Battalion & Janet McDonald along with said Battalion. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 90].

County Lanarkshire, Scotland

October 16, 1757

John McRae Soldier in Collonel Frazers Regiment & Isobel Campbell in the parish of Eastwood. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 96].

Munro

Phillipe Munro, b. 1736; de Kilmour, province de Ross, Ecosse, and Charlotte Girard, married 1772; Soldat du 78e regiment ecossais, en 1757, au siege de Quebec. Il s'etablit a St-Charles-Boyer [Tanguay, Dictionaire Genealogique Des Familles Canadiennes, vol. 6, p.129].

Ross

County Lanarkshire, Scotland

October 16, 1757

John Ross Soldier in Collonel Frazers Regiment & Katharine McKinzie both in Glasgow. [Old parochial registers for Glasgow, 1612-1854. FHL, SLC, Utah, Microfilm 008075826, p. 96].

Sutherland

County Inverness-shire, Scotland

April 9, 1757

Marriage contracted March 1757. James Sutherland of Col. Fraser's Regimt. & Janet Polson. [Parish registers for Inverness, 1602-1854. FHL, SLC, Utah, Microfilm 007907493, p. 61].

Wilkinson

Quebec, Canada

c.1760-63; [request for marriage license]

"Sir, please grant a License to Donald Wilkinson Soldier in the 78th Regiment to marry as He has no time to be proclaimed being obliged to go to Quebec in a few days P[lease] oblige Sir." [signed] John Campbell, Majr. 78th Regt. [Morphy Auctions online brochure, “French & Indian War Miscellany: Four (4) Military Documents and Letters,” Edged Weapons, Armor, & Militaria, Nov. 7-8, 2018, p.138. https://bit.ly/3ve11J5. Acc: November 17, 2019].

Note: Although the final disposition of Wilkinson's Quebec marriage license request remains unknown, he married Ann Tillow on 13 March 1761, at the Reformed Dutch Church, New Amsterdam, New York [Names of Persons for Whom Marriage Licenses were issued by the Secretary of the Province of New York Previous to 1784, Gideon Tucker, secretary of state, Albany, 1860; New Amsterdam Church Marriages 1750-1801]. 

Williamson

County Inverness-shire, Scotland

March 4, 1757

Marriage contracted February 1757. William Williamson of Col. Fraser's Regimt. & Margaret McGillvray. [Parish registers for Inverness, 1602-1854. FHL, SLC, Utah, Microfilm 007907493, p. 61].

Note: In May 1762, Private Williamson and his spouse Margaret are found serving in Captain Simon Fraser's Company, garrisoned on the North Shore of Quebec's St. Lawrence River [TNA,T1/414].

Sources:

1. Northcliffe Collection: Series 1: Robert Monckton Papers. LAC, Microfilm C-369.

2. William Congreve to Wilmot, 10 March 1757. T3019/3122, PRO, Ireland. 

3. Murray to Amherst, 27 August 1763. LAC, W.O. 34, vol. 2, no. 101.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2021.

This article was last updated on 4 April 2024.

Private Donald Gunn, 78th Regiment, 1757-1763

The quaint town of Stratford, Connecticut, nestled along the banks of the Housatonic River during the 18th century, as the sun descends beneath the horizon, casting a warm golden glow over the tranquil scene. The river reflects the fiery oranges and deep purples of the sunset, while a handful of wooden sailboats are moored at the docks. The town itself is a charming assortment of colonial-style buildings, with their shingled roofs and white-washed clapboard facades, many of which are adorned with candlelit windows, hinting at the lives unfolding within. (Jeffrey Campbell, Stratford Sunset, 2024. Artist's rendition created with Perchance AI Image Generator.)

Private Donald Gunn, 78th Regiment, 1757-1763

Donald Gunn was originally a soldier in Colonel Simon Fraser's Second Highland Battalion (of Scotland), later renumbered the 63rd Regiment of Foot, and finally the 78th Regiment of Foot. His regiment embarked at Cork, Ireland, in June 1757 for passage to North America to participate in the Seven Years' War in Quebec, Canada.

30 November 1757. The regiment arrived in Connecticut, and the ten companies were quickly divided into two companies per city, garrisoned in civilian homes at Stratford, Fairfield, Norwalk, Milford, and Stanford.

29 January 1758. In the Congressional Church records at Stratford, Connecticut, Reverend Izahiah Wetmore recorded a baptism of "bettee daughter of Daniel Gunn Drum major in Colonel Fraziers Regiment." [1] Unfortunately, the name of the mother is not recorded in the document, and she is not listed on the final muster roll taken in the summer of 1763. 

Daniel Gunn may have been assigned to Captain Baillie's Grenadier company at Stratford when his daughter was born. [2]

1762-63. Private Donald Gun,  a drummer in Captain Hugh Cameron's Company, is listed as an "invalid" soldier in 1762, and is also carried on the final subsistence rolls taken in September 1763. Invalids were typically soldiers no longer able to enter the battlefield for any number of reasons, but more often than not it was due to sickness or disability. They were then considered unfit for duty. [3, 4, 5]

6 January 1764. Daniel Gunn, aged 50, 24 years of service, from Caithness, Scotland, is recorded as admitted to Royal Chelsea Hospital, London, and listed as "worn out." Considering the 78th Regiment returned to Scotland in December 1763, his admittance to the hospital one month later is consistent with being an invalid soldier returning home. [6, 7]

Donald & Daniel are sometimes, but not always, interchangeable in Scotland, because Domhnall, the Gaelic version of Donald, may be Anglicized as Daniel.

Sources:

1. Wilcoxson, Wm. Howard, "History of Stratford, Connecticut, 1639-1939", Connecticut, 1939, p. 310; First Congressional Church Records, Stratford Connecticut, 1688-1927. FHL, Microfilm 7883792.

2. "Report of the Quarters of His Majesty’s 63d or Second Highland Battalion as Cantoned in the Government of Connecticut in New England, 1758." NAS, GD42/2/41/1-7.

3. Captain Cameron may have assumed command of the Grenadier Company upon the death of Captain Baillie, at Louisbourg.

4. LAC, W.O. 34, vol. 2.

5. Although Donald Gunn appears in Captain Cameron's Company on the final subsistence rolls (soldier #65), his spouse is not listed with him. As only a certain number of women per company were permitted to be carried on the regimental establishment, she could have returned home to Scotland with her husband, but not "on the list." Or, she may have died in childbirth.  

6. While no actual evidence has surfaced, with 24 years of military experience he was a prime candidate for potential service in the Austrian Succession (1740-1748) or the Battle of Culloden, 1746.

7. TNA, W.O. 116/5-3. 

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2021.

Recruiting Progress in North Britain, Feb. 1757

An 18th-century downtown Caithness, Scotland, bathed in the soft, golden light of early morning. Cobblestone streets, still glistening from the night's dew, meander between neatly lined stone buildings with thatched roofs. The quaint architecture, with its white-washed exteriors and dark wooden beams, exudes a warm, welcoming charm. On the left, a horse-drawn carriage pauses outside a bustling tavern, the driver conversing with a local merchant as early-risers spill into the street. To the right, a kilted man emerges from the shadow of an alley, a hint of a smile playing on his lips as he heads to the nearby market square, where stalls are just beginning to set up for the day's trade. (Jeffrey Campbell, Early Morning Caithness, 2024. Artist's rendition created with Perchance AI Image Generator)

Recruiting Progress in North Britain, Feb. 1757

Copy of a letter from Lord Barrington the Secretary of War, the War Office, to Lord George Beauclerk, Edinburgh, endorsed with a letter from Lord George Beauclerk to David Scrimgeour relating to highly successful recruiting of troops in ‘North Britain.’

Letter of Lord Barrington to Lord George Beauclerk

War Office 22 Feb 1757

My Lord

     It is with the greatest pleasure that I see the plan of Recruiting in North Britain which has been so happily carried on by your Lordship, in Concert with the gentlemen of that Country, so nearly Completed as it appears to be from your last letter, I have had the Honor more than once in the course of this affair, to transmit to your Lordship His Royal Highness approbation of your conduct and if the same justice has not been done to the other Noblemen and Gentlemen, who have so laudably exerted themselves on this occasion, they will impute it to the true and obvious reason that, where the Merit was so general, it was impossible to make separate acknowledgements to all, and improper to any less Number, However, as it is very fit that these gentlemen should be assured that their good services are known and properly accepted; I am Directed by His Royal Highness, to desire, that your Lordship, before the Commissioners lay down their office, will take some method of acquainting them at their several meetings, that His Royal Highness has had the satisfaction to see his expectations, however great, and even their own promises exceeded by their prudent and vigorous conduct; that he thanks them sincerely and particularly; and he will always remember this seasonable Exertion of their Influence & Authority as a signal Proof of their affection to His Majesty, and to the true Interests of the United Kingdom.

     If it should not be thought unnecessary to add any thing from me, to this full and Satisfactory Declaration of the Sentiments of His Royal Highness, I would beg your Lordship to assure the gentlemen that as my Situation made me a principall Witness to this whole Transaction, I have not been wanting, nor ever shall be, in representing it to their Honor; and in my own particular, I profess a real obligation to them for their active assistance, which has enabled me to Discharge an important part of my office, with more ease to myself, and more advantage to the Publick, than could reasonably by expected. I have the Honour to be

My Lord

your Lordship's

Most Humble and

Most Obediant Serv.

[signed] Barrington

Rt. Honble Lord George Beauclerk

Letter of Lord George Beauclerk to David Scrimgeour

Edinburgh 1st March 1757

Sir

     It gives me the greatest satisfaction to have it in my power to acquaint the Noblemen & Gentlemen, who have interested themselves in the execution of the recruiting Act, that the Zeal they have testified in this Occasion, has met with the approbation it so justly Merited. The sense His Royal Highness has of this proof of their affection, will best appear by the annexed copy of a letter to me from his Majesty's Secretary at War, which you will be pleased to communicate to the Commissioners of the Shire of Inverness, in the Manner you shall judge most proper.

     As the approbation which my conduct has been honoured with in this affair, has been chiefly owing to the ready concurrence I met with from you and the Commissioners, I hope my best thanks will be acceptable with an assurance that it will always give me pleasure faithfully to represent whatever may redound to the Honor of this part of the United Kingdoms.

     I am so glad to find by the latest returns from the attending officers in your Country, that the quota of men is so near being compleated; and flatter myself the gentlemen will continue their assiduous Endeavors till the whole are turned over, which for various reasons cannot be too soon accomplished. I am

Sir

your Most obedient

Humble Servant

[signed] GBeauclerk

David Scrimgeour Esqr.

Cover sheet:

Copies of Letters from

Lord George Beauclerk

and Lord Barrington 1757

Source:

TNA, GD137/3384.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2021.

Land Petition of Serjeant James Ross, 78th Regiment

An early 18th-century landscape unfolding near the serene Lake Champlain. The soft glow of dawn breaks through the misty horizon, casting a warm, ethereal light on the glassy waters. On the lake's edge, a small wooden boat is tied to a weathered dock, its mast leaning slightly as if it has borne witness to countless sunrises. A lone fisherman in period attire, complete with a tricorn hat and simple linen shirt, stands in the boat, casting his net into the tranquil lake. The shoreline is adorned with a few rustic buildings, their wooden facades painted in earthy tones, with smoke gently rising from their stone chimneys, hinting at the beginnings of a new day's activities. (Jeffrey Campbell, Lake Champlain, 2024. Artist's rendition created with Perchance AI Image Generator)

Land Petition of Serjeant James Ross, 78th Regiment

To his Excellency Ld. Henry Moore [page cut off] Captain General and Governor in Chief in [cut off] the Province of New York and the Territories depending thereon in America, Chancellor and Vice Admiral of the same. In Council

Humbly Shewith that your Petitioner being entitled to two Hundred Acres of Land as a reduced or disbanded uncomanding officer having serv'd his Majesty in North America during the Warr as appears by Certificate And did by his Petition form presented to the Honourable Calwaller Colden Esqr: pray a grant for the said Quantity of Land that might be found vacant in this Province. And your Petitioner now prays, that the said Quantity of two Hundred Acres may be located in Improvable Land in the County of Albany on the East side of Lake Champlain to the North of the Lands Petition'd for by William Barron late Lieutenant; [cut off] along the said Lake and that he may have his Majestys Letters [cut off] for the same upon the Terms express'd in the Royal Proclamation.

And your Petitioner shall ever pray &c.

[signed] James Ross

21 : 66 [volume/page]

New York 22d June 1766

This is to certify that the Bearer James Ross served as Serjeant in the 78th Regiment commanded by Colonel Fraser & in Captain Donald McDonells Company, was afterwards discharged from the same & employed as a Clerk in the Hospital ~

[signed] Alexr. Fraser

Lieutenant in the late 78th Regiment

Cover sheet:
Serjeant Jam: Ross Petition for a Location on the Eastside of Lake Champlain
Presented 8th of July 1766

1766 July 18 Read in Council

Notes:
1. "The Calendar of N.Y. Colonial Manuscripts Indorsed Land Papers; in the Office of the Secretary of State of New York, 1643-1803" (Albany: 1864) lists all documents on the first series of "Land Papers" as they were rearranged in 1819. There is an index to the personal names and to land tract names or geographical locations at the back of the volume. The series consists of applications for grants of unappropriated land by letters patent from New York Colony and State.

2. Considering Captain Donald McDonell's name appears as "killed in action" on 28 April 1760 at the Battle of Sainte-Foy, and that the serjeant's name does not appear on either the Regiment’s roster of invalid soldiers or the surviving muster rolls produced in 1763, his discharge from the army c.1760 is indicative of a three-year enlistment contract typically found among non-commissioned officers. A study of several regimental reenlistment rosters indicates soldiers enlisted for three years, or for “duration of war,” whereas commissioned officers found in the 42nd Foot renewed their commissions after four years.

3. Serjeant Ross may have clerked at the Hotel Dieu Hospital, Quebec, as this was the nearest medical facility to Governor James Murray's Quebec garrison. Further research would be needed to confirm. About 1764 Admiral Mabane (Surgeon to the Garrison), in correspondence with Governor Murray, estimated the hospital's yearly operating budget at £30 sterling for clerical services.

Sources:
New York State Department of State Applications for Land Grants, 1643-1803. Series A0272, volume XXI, p. 66. New York State Archives, Albany, New York.

“Return of the officers, that were Killed, Wounded, Taken Prisoner, Missing &c, on the 28th of April 1760.” LAC, Northcliffe Collection: Series 1: Robert Monckton Papers :, Microfilm reel C-366.

Mabane to Murray, "Estimate of the Annual Expenses of His Majesty's Hospital in the Garrison of Quebec as near as they can be ascertained." 1764-65. LAC, Letterbook/Copie de lettres, 1763-1771, RG 4, C 2, vol. 1.

©  Jeffrey Campbell, Fraser's 78th Regiment of Foot, 2021.

Desertion in the Ranks

An early 18th-century streetscape of Perth, Scotland, enveloped in the soft, ethereal light of dawn. The focal point is the ancient Perth Tolbooth, a formidable Gothic structure with its square tower and steeply-pitched rooflines casting long shadows onto the cobblestone street. The air is crisp and still, with a light mist rising from the nearby River Tay, which is partially obscured by the emerging silhouettes of buildings. The Tolbooth's distinctive clock face, adorned with the city's coat of arms, is just beginning to glow in the nascent daylight, hinting at the new day's first moments. (Jeffrey Campbell, Perth, Scotland, 2024. Artist's rendition created with Perchance AI Image Generator)

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 known 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 recruiting in County Aberdeenshire.

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.