James (Sutherland) Sutherland Ist of Uppat (abt. 1726 - 1789)

Ancestors

Husband of Elizabeth (Baillie) Sutherland — married 23 Jun 1768 in Rosehall, Lairg, Sutherland, Scotland

Descendants

Died 23 May 1789 at about age 63 in Uppat House, Clyne, Sutherland, Scotland

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Biography

James (Sutherland) Sutherland Ist of Uppat is a member of Clan Sutherland.

Lieutenant Colonel James Sutherland ... ^[1] was born in 1726 the son of William Sutherland,17th Earl of Sutherland and an unidentified mother. It is speculated upon that his mother may have been a daughter of Gordon of Gordonstoun. This is based upon a letter Katherine, Lady Strathnaver sent to her son warning him to beware the charms of his cousin Miss Gordon!

It is known that James embarked on a military career as a young man. Presumably his commission was purchased by either his father or grandmother. Like many young men he made his name in the wars on mainland Europe and on 1st August 1759 he saw action at the Battle of Minden where he was on the staff of the British cavalry commander, Lord George Sackville. His relationship with his commanding officer was clearly important enough for James to give his eldest surviving son and heir the name George Sackville Sutherland.

The following year in 1760 when Lord George faced a court martial, Lieutenant James Sutherland gave evidence in his defence. In 1761 James obtained a Captaincy in the 38th Foot but appears to have seen little service with them on the Leeward Islands (1761-65) or Ireland (1766-69).

We know that he spent a great deal of time during these years (1761-1769) back in Scotland and in 1766 he was elected to the Town Council of Dornoch. He formally resigned from the 38th Foot on 18th April 1769 having spent almost all of the preceding few years back in Scotland.

When tragedy struck in 1766 with the death of his half brother William 18th Earl and his Countess in Bath, it was James who organised the removal of their bodies and funeral.

His brother and sister-in-law had 2 daughters but Catherine the elder had predeceased them leaving the younger daughter Elizabeth, barely a year old, as heiress to the Earldom and Sutherland estates. In 1766 James took up residence at Dunrobin Castle serving as Superintendent of the million acre Sutherland estate and from 1774 Factor at Dunrobin.

James married Elizabeth Baillie daughter of William Baillie of Ardmore & Rosehall.^[2] on 23 Jun 1768 at Rosehall, near Lairg in Sutherland, the home of the Baillie family.

After their marriage, James and Elizabeth set up home in Dunrobin Castle where their 7 children were born. The infant Countess spent much of her early life with her grandmother, the Countess of Wemyss in Fife.

During the period 1766-1771 a large volume of correspondence was created among James, the Trustees of the young Countess and their legal advisors. In addition to running the estates, he played a major role in the preparation for and prosecution of the legal dispute which became known as The Sutherland Peerage Case 1771.

It was very clear from his detailed knowledge and extremely familiar language, particularly with James Wemyss of Wemyss, that he was no mere employee/servant and was in fact a close and intimate member of the family. James Wemyss of Wemyss was both the husband of Lady Elizabeth Sutherland and her first cousin. His father James Wemyss, 5th Earl of Wemyss and her mother Lady Elizabeth Wemyss, Countess of Sutherland being siblings, were both children of David Wemyss, 4th Earl of Wemyss. That meant that James and David Wemyss were brothers-in-law.

On 4th September 1785, the young Countess Elizabeth married the most eligible bachelor in England, Earl Gower (afterwards Marquess of Stafford and ultimately 1st Duke of Sutherland). She was also approaching her majority. James had been running the estates for almost 20 years and was exhausted and announced in a letter dated 5 August 1785 to Mackenzie the family solicitor in Edinburgh that he intended to retire.

When James retired from his role as Superintendent of Sutherland Estates and Factor at Dunrobin Castle that year, he and Elizabeth went to live at Uppat House which James had purchased from the estate of his father-in-law in 1783. Uppat had been the family home of Elizabeth's mother's family, the Sutherlands of Clyne.

It was at Uppat House that James died on 23 May 1789.

Sources

1. ↑ Entered by Sir William Arbuthnot, Friday, November 1, 2013.
2. ↑ Sir William Arbuthnot, The Genealogy of the Sutherland Family , 14:05 07 September 2007, http://kittybrewster.com/ancestry/sutherland.htm

• The family tree of the Dukes, Earls, Lairds and Chiefs of Clan Sutherland 1100-2015 by John M Sutherland-Fisher, Genealogist of Clan Sutherland
• The Peerage of Scotland by Sir Robert Douglas (1764) 1st edition within which are found:(Sutherland, Lord Duffus pages 194-196 and Sutherland Earl of Sutherland pages 660-667)
• The History of the Earldom of Sutherland by Sir Robert Gordon (written 1650) who was younger son of Alexander Gordon 12th Earl of Sutherland and created 1st Baronet of Gordonstoun
• The Sutherland Books Volumes 1-3 by Sir William Fraser (1892) [presented in 1894 by the Duke of Sutherland to Queen Victoria]
• A short history of Clan Sutherland , the families of Sutherland, Forse and Duffus 12th -19th centuries by Daniel J J Sutherland, Historian Emeritus of Clan Sutherland. http://www.duffus.com/ashort.htm
• A Fighting Clan: Officers in Clan Sutherland 1250-1850 by Malcolm Sutherland, Historian Emeritus of Clan Sutherland.
• The Scots Peerage by Sir James Balfour-Paul, Lord Lyon King of Arms of Scotland
• A genealogical and heraldic history of the landed gentry of Great Britain ... by Bernard Burke
• Private papers in the collection of James B Sutherland, Historian of Clan Sutherland
• Private papers in the collection of John M Sutherland-Fisher, Genealogist of Clan Sutherland
• Memorabilia Domestica by the Rev. Donald Sage, Minister of Resolis, Ross-shire (step-son of Jean Sutherland of Midgarty)
• Caithness Family History by John Henderson first published in 1882
• "Notes of My Family History" written by the Rev. George Sutherland in 1903, revised 1909
• Private papers in the collection of the late Major Anthony Savory (Sutherland of Uppat and Sutherland-Walker family)

Notes

Frequently writers confuse the numbering of the Earldom which varies among writers. The accepted order is: John 16th Earl (1661-1733) m Hon. Helen Cochrane William Lord Strathnaver (1683-1720) m Katherine Morrison William 17th Earl (1708-1750) m Lady Elizabeth Wemyss William 18th Earl (1735-1766) m Mary Maxwell Elizabeth 19th Countess (1765-1839) m George Leveson-Gower (1758-1833)

Lt Col James as illegitimate son of William 17th Earl was half brother to Lt.Col Nicholas Sutherland and half brother to William 18th Earl (incorrectly referred to as the 17th Earl in the article which follows). Lt.Col James was referred to as grandson of Lord Strathnaver and his brother Nicholas while on military duties in the American Colonies was referred to as the Hon.Nicholas which was the correct designation for a younger son of an Earl. Nicholas being an illegitimate son should not have been so designed but the niceties of etiquette could hardly be expected to be applied in the rugged Americas.

[John M Sutherland-Fisher: Genealogist of Clan Sutherland 1993- to date]

Allan P. Gray's account on James Sutherland (1726-89) claiming to prove that James was the illegitimate son of the Earl of Sutherland:-

"A modest proposal concerning James Sutherland of Uppat"

In searching through the above cited document [MacKenzie of Delvine accounts, Dugald Gilchrist Papers1] and others, one cannot help but be struck by a remarkable similarity between the career and treatment of Nicolas Sutherland2 and that of a contemporary, one variously referred to as Capt. Sutherland, Capt. James Sutherland, James Sutherland or simply as "the Captain". There were of course several of that name in Sutherland and some who were Captains including James, Lord Duffus but he was almost universally referred to as "Duffus", born 8 June 1747 who did not become a Captain until 1771. Also when any denizen of Sutherland is mentioned in the documents he is almost always given his territorial designation: James Sutherland of Evelicks for example is usually called just that, or simply "Evelicks". This was apparently considered unnecessary in the case of the Captain and it becomes clear that everybody knew perfectly well who was meant when reference was made to him by name or rank without further distinction.

It is moreover manifest that the Captain was exceedingly close to the family of the Earl3 - even closer than Nicolas, for we find that when the young 17th Earl and his Countess fell ill at Bath in 1766, Captain James hastened to Bath to be at their bedsides and reported back to Sutherland and the family on their treatment and progress. He accompanied their bodies back to Scotland. In the accounts of MacKenzie of Delvine he receives large sums from the Earl (MSS.1487/26) 7 Nov. 1761 "Paid your Lordship's Draft to the order of Capt. James Sutherland, 213 pounds"; 28 July 1768 "Paid Capt. Sutherland his half years salary, 100 pounds" and 6 May 1771 "Paid Capt. Sutherland 200 pounds, the amount allowed by the tutors for his expenses in going from Dunrobin to London to attend the Peerage determination." This latter of course refers to the dispute as to the succession to the Earldom which was eventually won by the young Countess.4 Members of the Earl's family and close friends are constantly putting in a good word for the Captain.

A letter of 17 June 1766 (Delvine Papers MSS.1486) from Wemyss to Delvine advises "I must beg leave to suggest to you that I think if there is the possibility of making Capt. Sutherland a pecuniary gratification at any time when there is an opportunity for him to purchase rank in his profession, that he is well entitled to it from the Family." A letter from the young Earl himself dated 5 March 1761 (Delvine Papers MSS.1482) mentions that General St.Clair (a close friend and relation of the family) "has appointed James Sutherland one of his Aides-de-Camp which is 10 shillings a day besides his maintenance to the poor lad." In fact the records indicate that James is much in the company of General St.Clair and one can surmise that he may have been raised in his household5.

When, in 1758, the estate of Assynt was purchased by old Lady Strathnaver with her savings from her annuity, Captain Sutherland received the property of Oldnay. Once more Delvine reports 20 June 1763 (MSS.1484/151) "I have got Mr. Wemyss, Forse, Lord Duffus and Capt. Sutherland to sign their petitions -". This concerns the new estates in Assynt. Obviously James finds himself ranked in fairly august company here - remarkable for a mere Captain in the 38th Foot.

In 1766 Capt. Sutherland of the 38th is on the Town Council of Dornoch. But on the death of the much-loved young Earl and his Countess in this same year, the Captain quickly rises to the top of the heap in Sutherland. He becomes factor for the tutors to the infant Countess of Sutherland; he acquires the property of Uppat; he is promoted to Major in 1778 and was second in command to our good friend Lt. Col. Nicolas in the Sutherland Fencibles of that period. Indeed he succeeded Nicolas as Lt.Col. upon the latter's death.

Lt. Col. James Sutherland of Uppat died after a short illness on 23 May 1789 at 63 and is buried in St. Andrew's Churchyard, Golspie, where his memorial and inscription are clearly visible to this day. In 1768 he married Elizabeth Baillie, daughter of William of Rosehall, and had issue including many subsequent leading lights of Sutherland. The descent from this union has been given in a previous issue of the Clan Sutherland of Scotland Newsletter.

This family connection of James Sutherland of Uppat has been a long-standing mystery. J.M. Bulloch, a most distinguished family historian and author of several weighty volumes on the family of Gordon, replied to a query of a descendant of James in the May, 1935 issue of Scottish Notes and Queries. He mentions some facts of Uppat's life, including the attempt by the Duke of Gordon to recruit him into his own Fencible Regiment in 1778, and further points out that Burke's account of the MacKenzies of Tarbet and Royston has him as a cadet of the Sutherlands of Kinsteary. But Bulloch does not seem convinced as there appears to be no real evidence for this claim and he appeals for help from "some reader".

More recently Norman Down, now deceased, expended much effort in an attempt to solve this mystery. The problem is that unlike the case of Nicolas there is no bald-faced, unambiguous statement so far discovered as to the origin of this most important figure in the 18th century history of Sutherland. But there are some further rather strong indications - In a document to be found in the Sheriff Court records of Dornoch dated 1779 [Scottish Record Office SC9/69/11] he is referred to as "The Honbl. Capt. James Sutherland". We have already pointed out the significance of "Honbl."6

Again in the Delvine papers in a letter of 7 Aug. 1763 [MSS.1484/153] the following statement is made - "Captain Sutherland's brother did not arrive in time from Ireland to get any part of our shares current for this season." If we accept that this is our Captain Sutherland (in the context of these documents it is hard not to), then who might his brother be? I propose that he is Nicolas - either stationed in Ireland or on his way back from the French and Indian War. The principal port of embarkation and disembarkation for Scottish Regiments going and coming from America was Cork in Ireland. The 77th Regiment sailed for America from Cork and it is reasonable to suppose they returned there too when the Regiment was disbanded in 1763. At least there is a plausible explanation for this reference to a brother of Captain Sutherland. If it was Nicolas he was more likely a half-brother but at this time "brother" was used indiscriminately to mean real brother, half-brother or even brother-in-law.

Finally, there is a letter to Delvine from John Sutherland of Forss dated 10 May 1756 [MS. 1481/244]. It should first be noted that at this time Nicolas was only an Ensign and so this letter cannot concern him. "The only circumstance in Capt. Sutherland's affair that I am concerned about is the probability of his being called to the Regiment before the Earl comes to Dunrobin. It gives me, in the meantime, a very sensible pleasure to find you have so good an opinion of our young Friend, and I heartily wish he may escape the infection of bad company which destroyed his Grandfather, Lord Strathnaver, who had excellent parts both natural and acquired: though Drinking soon eclipsed them and in the end killed himself at the age of two and thirty. God forbid this promising youth should be so unhappy as to split on the same rock - ".

The Lord Strathnaver mentioned has to be William who died in 1720, evidently of a profligate life-style. He had several children but so far as is known all of the male offspring died young or without issue, except for William the Earl who was indisputably the father of Nicolas. This would seem to lead to the conclusion that the Capt. Sutherland referred to here was, like Nicolas, a natural son of this same Earl William. In view of all the foregoing it would seem a very small leap of the imagination to suppose that this Captain Sutherland was the very same Captain mentioned so often in the documents and that he later became Lt. Col. James Sutherland of Uppat.

Admittedly the evidence is not all that direct and perhaps this conclusion is another "plausible assumption" that may later prove wrong but I submit that it fits all the known facts and accounts for the remarkable favour accorded "Captain Sutherland" over the years. We should not be surprised or shocked at the incidence of illegitimate children. In the eighteenth century this was more the rule than the exception. This writer's own Sutherland ancestor, Captain Walter Gray, had 10 lawful children by two wives and he was brought before the Kirk Session to account for at least 3 outside the bounds of marriage. There are several men of Sutherland aside from Nicolas and James who seem to be of some importance but are without stated family connection. Such a case ought to alert the genealogist to the possibility of illegitimacy but, as we have seen, the difficulty of the Family Historian's task is thereby compounded."

[Written in the 1990s by Allan Gray, a most distinguished genealogist]

Footnotes

Acknowledgments

Thank you to Sir William Arbuthnot for creating Sutherland-1031 on 1 Nov 13. Click the Changes tab for the details on contributions by Sir William and others.