The British army was put in motion at an early hour in the morning of the 10th of November, and advanced to attack the enemy in his fortified position on the Nivelle. In the battle which ensued, it was the proud lot of the sixth division, of which the Thirty-sixth formed part, to charge and carry the enemy’s breastwork and principal redoubt on the heights of Ainhoa, with the loss of one drummer and five rank and file killed.

The Marquis of Wellington, in his despatch of the 13th of November, thus alluded to the conduct of the Thirty-sixth on this occasion:—

“I had the pleasure of seeing the sixth division under Lieut.-General Sir Henry Clinton, after having crossed the Nivelle, and having driven in the enemy’s piquets on both banks, and having covered the passage of the Portuguese division under Lieut.-Colonel Sir John Hamilton, on its right, make a most handsome attack upon the right of the enemy’s position behind Ainhoa, and on the right of the Nivelle, and carry all the entrenchments, and the redoubt on that flank. Lieut.-General Sir John Hamilton, supported with the Portuguese division, the sixth division on its right, and both co-operated in the attack of the second redoubt, which was immediately carried.”

In this battle the Thirty-sixth had Captains Robert Blakeney and William Gillam, Lieutenants Thomas L’Estrange and William Tunstall, Ensigns James McCabe and John Skerry, one serjeant and fifty-eight rank and file, wounded.

Major Cross, for his services on this day, was promoted to the brevet rank of Lieutenant-Colonel, and was with Brevet-Major Campbell honoured with the medal for the battle of the Nivelle.

The Thirty-sixth subsequently received the Royal Authority to bear the word “Nivelle” on the regimental colour and appointments, in commemoration of the gallantry of the first battalion in that battle.

After this victory the battalion was in cantonments at Usteritz, on the river Nive, observing the enemy,—who was in force on the opposite side,—until the 9th of December, when the passage of the river was forced, and the battle of the Nive ensued. In the passage of the Nive the Thirty-sixth had only three rank and file wounded.

The enemy having failed in all his attacks, with his whole force, on the British left, withdrew into his entrenchments on the night of the 12th of December, and passed a large force through Bayonne, with which, on the morning of the 13th, he made a most desperate attack on the troops under Lieut.-General Sir Rowland Hill; the Marquis of Wellington, in expectation of this attack, had given orders that the Lieut.-General should be reinforced with the sixth division, which crossed the Nive at daylight on that morning. The Thirty-sixth were accordingly in position at Bidart, but Lieut.-General Sir Rowland Hill defeated the enemy with the troops under his own immediate command on the 13th of December, with immense loss, before the arrival of the reinforcement, although the march of the sixth division afforded him great facility in making his movements.

In commemoration of the operations connected with the passage of the river Nive, the Thirty-sixth subsequently received the Royal Authority to bear the word “Nive” on the regimental colour and appointments.

On the 14th of December the Thirty-sixth occupied cantonments at Ville Franque, and commenced the severe duty of the blockade of Bayonne.