The son David was a scholar at the Latin School in Boston, when his father died. At the age of eighteen he entered the army and went to India, as a cadet, and in 1778 received an appointment as Ensign. In 1781 he was Quartermaster to the 71st Regiment of Foot. During the twenty years that succeeded, he was exposed to all the danger and fatigue of incessant service in the East. He attained the rank of Major in 1800 and of Lieutenant-Colonel in 1803, and Colonel in 1812. His commission of Major General bears date June 1, 1814. In 1817 he received the thanks of both Houses of Parliament. His health, after nearly fifty years of uninterrupted military duty in a tropical climate, became impaired and he resigned a political office in India with the intention of proceeding to Calcutta, and thence to England. This plan he did not live to execute. He died at Meerut in 1825, while there for a change of air. He was Deputy-Adjutant-General at the Battle of Delhi, after which he was sent as envoy to the Court of Sha Alum. For his conduct in the Nepaulese war, he was created a Knight Commander of the Bath and May 7, 1816, was made a baronet. After his death there was erected in Calcutta a monument to him, which is one of the notable signs of the city. Sir David never married. His title descended to Charles Metcalf Ochterlony, and was succeeded in it by his son, the present baronet, Sir David Ferguson Ochterlony. Gilbert Ochterlony, the second son of Captain David, died Jan. 16, 1780, aged 16, at the home of his step-father Isaac Heard, Esq., at the college of arms.[197] Alexander, the third son died in 1803, and Catherine in 1792.
Captain David's will, made at the time of his marriage, was probate March 7, 1766, and left everything to his wife Katrin, but his estate was not settled till after the peace. 1791, and then it was insolvent, the sum then obtained to close up the estate paid a dividend of only six and a half pence on the pound. The name of Ochterlony in New England became extinct.
JUDGE AUCHMUTY'S FAMILY.
Robert Auchmuty first of the American family of that name was descended from an ancient Scottish family, holding a barony in the north of that country. His father settled in England early in the eighteenth century, and Robert studied law at the Temple, London, and came to America and settled in Boston about the year 1700. He was a profound lawyer and possessed remarkable talents and wit, but when he was admitted to practice does not appear. He was in practice soon after 1719 and the profession owed much to his character and system and order which now began to distinguish its forms of practice. His talents were extraordinary, "Old Mr. Auchmuty says a contemporary would sit up all night at his bottle, yet argue to admiration next day, and was an admirable speaker." He was sent to England to settle a boundary dispute between Massachusetts, New Hampshire, and Rhode Island. His services were so valuable, that on December 1738, he received from the former a grant of two hundred acres of land. He was judge of the Court of Admiralty for New England from 1733 until 1747. While he was in England he advocated the expedition to Cape Breton in an ably written pamphlet published in 1744. This tract probably gave to the historian Smollett the erroneous impression that Auchmuty was the originator of that brilliant enterprise, the credit of which belongs to Governor Shirley.
Judge Auchmuty held his office until 1747 when he was superseded by Chambers Russell. His home was in Roxbury, Massachusetts, and many anecdotes of him have been handed down from generation to generation. He was "greatly respected and beloved in public and private life." His memory is held in high veneration by the bar in Massachusetts and his opinions are still respected.
Judge Auchmuty died in April, 1750, leaving several children. His daughter married Judge Pratt of New York and his son, Judge Robert Auchmuty, followed in his father's footstep, and became a noted lawyer in Massachusetts. Although he had not the advantage of a collegiate education he became an able lawyer. As an advocate he was eloquent and successful. "Among his contemporaries were Otis, Quincy, Hawley, and judges Paine, Sargent, Bradbury, R. Sewall, W. Cushing and Sullivan and though less learned than some of these he was employed in most of the important jury trials."
"It was when together with that class of lawyers above named that the profession owed the respectability which since his day has characterized the bar of Massachusetts."[198] He held the office of Advocate of the Court of Admiralty from August 2, 1762, until his appointment as judge, having been originally appointed in the place of Mr. Bollan, to hold the office during his absence. Chambers Russell was appointed in the place of the elder Auchmuty as judge of the Admiralty for Massachusetts, New Hampshire and Rhode Island in 1747. He held the office until his death in 1767, and Robert Auchmuty, the younger, was appointed by the governor to fill his place. This was in April, but on the sixth of July he was duly commissioned as Judge of the Admiralty for all New England with a salary of £300 a year. His commission was received in March, 1760, when his salary was increased to £600 per annum. Judge Auchmuty continued to hold this office as long as the authority of the British was recognized, as he was a zealous Loyalist.
Robert Auchmuty was one of the commissioners with Governor Wanton of Rhode Island, Samuel Horsemanden, Chief Justice of New York, Frederic Smythe, Chief Justice of New Jersey, and Peter Oliver, Chief Justice of Massachusetts, to inquire into the destruction of the Gaspee, in 1772.[199] He was a colleague of Adams and Quincy in defence of the British soldiers tried for participation in the "Boston Massacre."[200] He appeared once after his appointment in defence of Captain Preston and his soldiers, and his argument was described as so memorable and persuasive, "as almost to bear down the tide of prejudice against him, though it never swelled to a higher flood."