207 | To Jeffery Amherst

    Boston May 14. 1763


    Lt Col Gay late in the Provincial Service will wait on you with this to lay before you an hardship arising from his Duty in the Kings Service, which He now lies under & I cannot redress. He was commanding Officer of the party placed at the Castle for supporting the Provincial recruiting for regulars last Year. Among the recruits that were returned thither & sent from thence was a mint breed Indian who was afterwards sent to Quebec. This Indian776 was claimed as a Slave: but no proper proof being brought of his being such, He was sent off. Col Gay was no ways concerned in recruiting this Man nor in detaining or sending him off than by being Commanding officer there. And yet the Master has brought an Action against Col Gay: and tho’, upon the trial the judges told the Jury that there was no Evidence against the Deft, nor the least pretence to charge him in such an Action, The Jury found a Verdict against him with 50 pounds sterling in damages. As He suffers this injury for doing his duty in the Kings Service, He hopes that He shall not be left loaded with this burthen, which is a great Matter to him, but some how or other releived from it.

    As I have it not in my power to redress him myself, I must recommend him to your favor. If there is a difficulty in releiving him in a direct way, a compensation by giving him some employment would be Very acceptable. He has been in the service ever since 1755 when he was a subaltern at the taking Beausejour. In 1759 He was a Captain & Commanding officer at Pisgit; In 1760 He was commanding Officer at Liverpool in Nova Scotia; In 1761 He was Major in Thwings Regiment; In 1762 He was Lt Col in Ingersols.777 He is a steady punctual honest Man: & fit for a Civil employ as well as a Military one: He will make a faithful & active Commissary; & will thankfully accept of any employment which you shall think suitable to him.

    In the year 1760, with the assistance of the assembly, I employed a Surveyor supported by a party of Men to survey the River Kennebeck & the passage from thence to the River Chaudiere & another communication between the two rivers. The surveyor proceeded to the 13th day when he was unfortunately & by accident killed by one of his own men: and there the Survey stopt.778 I employed Lt Miller, who has lately much improved himself in drawing, to protract this Survey from the field book of the deceast; and, before he was engaged in the regular Service, had agreed with him to proceed in this Work this Summer, if the province would provide for the expence. I beleive it would still be agreable to him to undertake this business, if you should approve of it & excuse his absence from his duty. In such case I will apply to the Assembly to provide for the expence, at the next Session. I hereby desire your acceptance of the Plan: the River Kennebeck above Fort Halifax is laid down from the deceast’s book which was full of small drawings upon the Spot; the rest of the plan is taken from other Surveys.779

    I am, with great regard, Sr Your most obedient & most humble Servant

    Fra Bernard.

    His Excelly Sr Jeffry Amherst

    ALS, RC WO 34/26, ff 233-234.