[1] He was promoted to major on 1 September 1794 but remained without a regiment until the 93rd Foot was raised, which he joined on 9 December 1795 and served with in the West Indies, until it was disbanded in 1797.

They were usually temporary units, composed of local volunteers but commanded by regular army officers, and their role was usually, but not always, confined to home defence and patrol duties.

[3] Hay fought at the Battle of Bussaco on 27 September, where Wellington's army drove off a superior French force under Marshal André Masséna.

Hay therefore, on 7 October 1813, led the 5th Division at the Battle of the Bidasoa when Wellington's army overran the French lines and gained a foothold in France.

[3] Hay's troops were the first to cross the river, wading across at first light and surprising the French who did not realise the water was only chest deep at low tide.

[3] Wellington was unable to lay siege to the city of Bayonne with Soult's army still active in the field and was thus required to divide his forces.

[7] Wellington was to use the main bulk of his army to draw Soult away, while Hope was left with the 1st and 5th divisions and a few independent brigades with which to complete the investment.

Surrounding the city meant that Hope's troops had to cross the Adour, and to this end, a pontoon bridge was constructed from locally available boats.

Hay, who was duty officer, spread the news amongst the troops; it was thought that the war would soon be at an end and the soldiers would be returning home.

[3] Early the next morning the governor of Bayonne, General Pierre Thouvenot, who had also heard the news, made a sortie, which would later be condemned by both sides as a needless waste of lives, and which proved to be the last action of the war.