I am quite sure the man is civilian.
We have to keep in mind that civilian pipe bands oftentimes wore identical clothing to military pipe bands, even to the point of the doublets, belts, etc being made by the same firms for military and civilian use alike.
For example Thomas Gordon & Son made identical doublets for military and civilians, every stitch, piping, and lace precisely the same in many cases, the only difference being, with military doublets, the regimental buttons and collar badges.
This makes telling which is which, in old photographs, tricky at times, such as when the collar can't be seen.
In any case there are two strong arguments that this man is civilian 1) the doublet has no collar badges 2) the sporran has a single knob. As we know military sporrans, nearly always, either had no knobs or three knobs, pipers' sporrans usually having the latter.
Also the sporran top is the typical civilian cast thistle style, even today the most common one seen with civilian horsehair sporrans.
Yes there were a vast number of Volunteer and Territorial battalions and these sometimes wore things that the Regulars didn't, but I'll put my money on that guy being a piper in a civilian pipe band.
Proud Mountaineer from the Highlands of West Virginia; son of the Revolution and Civil War; first Europeans on the Guyandotte
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