After some further proceedings, all ineffectual, the two factors were enabled, on the 13th day of September, to set forth from Inverness with a party of thirty soldiers and some armed servants of their own, with the design of enforcing submission to their claims. Let it be remembered that in those days there were no roads in the Highlands, nothing but a few horse-tracks along the principal lines in the country, where not the slightest effort had ever been made to smooth away the natural difficulties of the ground. In two days the factors reached Invermoriston; but here they were stopped for three days, waiting for their heavy luggage, which was storm-stayed in Castle Urquhart, and there nearly taken in a night attack by a partisan warrior bearing the name of Evan Roy Macgillivray. The tenantry of Glenmoriston at first fled with their cattle, but afterwards a number of them came in and made the appearance of submission. The party then moved on towards Strathglass, while Evan Roy respectfully followed, to pick up any man or piece of baggage that might be left behind. At Erchless Castle, and at Invercannich, seats of the Chisholm, they held courts, and received the submission of a number of the tenants, whom, however, they subsequently found to be "very deceitful."
There were now forty or fifty miles of the wildest Highland country before them, where they had reason to believe they should meet groups of murderous Camerons and Glengarry Macdonalds, and also encounter the redoubtable Donald Murchison himself, with his guard of Mackenzies, unless their military force should be sufficiently strong to render all such opposition hopeless. An arrangement having been made that they should receive an addition of fifty soldiers from Bernera, with whom to pass through the most difficult part of their journey, it seemed likely that they would appear too strong for resistance and, indeed, intelligence was already coming to them, that "the people of Kintail, being a judicious opulent people, would not expose themselves to the punishments of law," and that the Camerons were absolutely determined to give no further provocation to the Government. Thus assured, they set out in cheerful mood along the valley of Strathglass, and, soon after passing a place called Knockfin, they were reinforced by Lieutenant Brymer with the expected fifty men from Bernera. There were now about a hundred well armed men in the invading body. They spent the next day (Sunday) together in rest, to gather strength for the ensuing day's march of about thirty arduous miles, by which they hoped to reach Kintail.
At four in the morning of Monday, the 2d of October, the party went forward, the Bernera men first, and the factors in the rear. They were as yet far from the height of the country, and from its more difficult passes; but they soon found that all the flattering tales of non-resistance were groundless, and that the Kintail men had come a good way out from that district in order to defend it. The truth was, that Donald Murchison had assembled not only his stated band of Mackenzies, but a levy of the Lewis men under Seaforth's cousin, Mackenzie of Kildun; also an auxiliary corps of Camerons, Glengarry and Glenmoriston men, and some of those very Strathglass men who had been making appearances of submission. Altogether he had, if the factors were rightly informed, three hundred and fifty men with long Spanish firelocks, under his command, and all posted in the way most likely to give them an advantage over the invading force.
The rear-guard, with the factors, had scarcely gone a mile when they received a platoon of seven shots from a rising ground near them to the right, which, however, had only the effect of piercing a soldier's hat. The Bernera company left the party at eight o'clock, as they were passing Lochanachlee, and from this time is heard of no more; how it made its way out of the country does not appear. The remainder still advancing, Easterfearn, as he rode a little before his men, had eight shots levelled at him from a rude breast-work near by, and was wounded in two places, but was able to appear as if he had not been touched. Then calling out some Highlanders in his service, he desired them to go before the soldiers and do their best, according to their own mode of warfare, to clear the ground of such lurking parties, so that the troops might advance in safety. They performed this service pretty effectually, skirmishing as they went on, and the main body advanced safely about six miles. They were here arrived at a place called Ath-na-Mullach, where the waters, descending from the Cralich and the lofty mountains of Kintail, issue eastwards through a narrow gorge into Loch Affric. It was a place remarkably well adapted for the purpose of a resisting party. A rocky boss, called Torr-a-Bheathaich, then densely covered with birch, closes up the glen as with a gate. The black mountain stream, "spear-deep," sweeps round it. A narrow path wound up the rock, admitting of passengers in single file. Here lay Murchison with the best of his people, while inferior adherents were ready to make demonstrations at a little distance. As the invading party approached, they received a platoon from a wood on the left, but nevertheless went on. When, however, they were all engaged in toiling up the pass, forty men concealed in the heather close by fired with deadly effect, inflicting a mortal wound on Walter Ross, Easterfearn's son while Bailie Ross's son was wounded by a bullet which swept across his breast. The Bailie called to his son to retire, and the order was obeyed; but the two wounded youths and Bailie Ross's servant were taken prisoners, and carried up the hill, where they were quickly divested of clothes, arms, money, and papers. Easterfearn's son died next morning. The troops faced the ambuscade manfully and are said to have given their fire thrice, and to have beaten the Highlanders from the bushes near them; but, observing at this juncture several parties of the enemy on the neighbouring heights, and being informed of a party of sixty in their rear, Easterfearn deemed it best to temporise.
He thereupon sent forward a messenger to ask who they were that opposed the King's troops, and what they wanted. The answer was that, in the first place, they required to have Ross of Easterfearn delivered up to them. This was pointedly refused; but it was at length arranged that Easterfearn should go forward and converse with the leader of the opposing party. The meeting took place at Beul-ath-na-Mullach, and Easterfearn found himself confronted with Donald Murchison. It ended with Easterfearn giving up his papers, and covenanting, under a penalty of five hundred pounds, not to officiate in his factory any more; after which he gladly departed homewards with his associates, under favour of a guard of Donald's men to conduct them safely past the sixty men who were lurking in the rear. It was alleged afterwards that the commander was much blamed by his own people for letting the factors off with their lives and baggage, particularly by the Camerons, who had been five days at their post with hardly anything to eat; and Murchison only pacified them by sending them a good supply of meat and drink. He had in reality given a very effective check to the two gentlemen-factors, to one of whom he imparted in conversation that any scheme of Government stewartship in Kintail was hopeless, for he and sixteen others had sworn that, if any person calling himself a factor came there, they would take his life, whether at kirk or at market, and deem it a meritorious action, though they should be cut to pieces for it the next minute.
A bloody grave for young Easterfearn in Beauly Cathedral concluded this abortive attempt to take the Seaforth estates within the scope of a law sanctioned by statesmen, but against which the natural feelings of nearly a whole people revolted.
A second attempt was then made to obtain possession of the forfeited Seaforth estates for the Government. It was calculated that what the two factors and their attendants with a small military force had failed to accomplish in the preceding October, when they were beaten back with fatal loss at Ath-na-Mullach, might now be effected by a military party alone, if they should make their approach through a less critical passage. A hundred and sixty of Colonel Kirk's regiment left Inverness under Captain M'Neill, who had at one time been Commander of the Highland Watch. They proceeded by Dingwall, Strathgarve, and Loch Carron, an easier, though a longer way. Donald Murchison, nothing daunted, got together his followers, and advanced to the top of Mam Attadale, by a high pass from Loch Carron to the bead of Loch Long, separating Lochalsh from Kintail. Here a gallant relative, Kenneth Murchison, and a few others, volunteered to go forward and plant themselves in ambush in the defiles of the Coille Bhan (White Wood), while the bulk of the party should remain where they were. It would appear that this ambush party consisted of thirteen men, all peculiarly well armed.
On approaching this dangerous place the Captain of the invading party went forward with a sergeant and eighteen men to clear the wood, while the main body came on slowly in the rear. At a place called Altanbadubh, in the Coille Bhan, he encountered Kenneth and his associates, whose fire wounded himself severely, killed one of his grenadiers, and wounded several others of the party. He persisted in advancing, and attacking the handful of natives with sufficient resolution they slowly withdrew, as unable to resist; but the Captain now obtained intelligence that a large body of Mackenzies was posted in the mountain pass of Attadale. It seemed to him as if there was a design to draw him into a fatal ambuscade. His own wounded condition probably warned him that a better opportunity might occur afterwards. He turned his forces about, and made the best of his way back to Inverness. Kenneth Murchison quickly rejoined Colonel Donald on Mam Attadale, with the cheering intelligence that one salvo of thirteen guns had repelled the hundred and sixty red-coats. After this we hear of no more attempts to comprise the Seaforth property.
Strange as it may seem, Donald Murchison, two years after this a second time resisting the Government troops, came down to Edinburgh with eight hundred pounds of the Earl's rents, that he might get the money sent abroad for Seaforth's use. He remained a fortnight in the city unmolested. He on this occasion appeared in the garb of a Lowland gentleman; he mingled with old acquaintances, "doers" and writers; and appeared at the Cross amongst the crowd of gentlemen who assembled there every day at noon. Scores knew all about his doings at Ath-na-Mullach and the Coille Bhan; but thousands might have known without the chance of one of them betraying him to the Government.
General Wade, in his report to the King in 1725, stated that the Seaforth tenants, formerly reputed the richest of any in the Highlands, were now become poor, by neglecting their business, and applying themselves to the use of arms. "The rents" he says, "continue to be collected by one Donald Murchison, a servant of the late Earl's, who annually remits or carries the same to his master in France. The tenants, when in a condition, are said to have sent him free gifts in proportion to their circumstances, but are now a year and a-half in arrear of rent. The receipts he gives to the tenants are as deputy-factor to the Commissioners of the Forfeited Estates, which pretended power he extorted from the factor (appointed by the said Commissioners to collect those rents for the use of the public), whom he attacked with above four hundred armed men, as he was going to enter upon the said estate, having with him a party of thirty of your Majesty's troops. The last year this Murchison marched in a public manner to Edinburgh, to remit eight hundred pounds to France for his master's use, and remained fourteen days there unmolested. I cannot omit observing to your Majesty that this national tenderness the subjects of North Britain have one for the other is a great encouragement for rebels and attainted persons to return home from their banishment."