Referring to the correspondence which has already taken place
relating to foreign enlistment, I am directed by Secretary Sir
George Grey to transmit to you a newspaper containing a report of
the proceedings at the police office, Exchange court.
And I am to request that you will lay the same before Earl Russell,
and inform his lordship that the case has been directed by the lord
lieutenant to be submitted to the law officers of the crown for
their consideration.
[Enclosure in No. 5.]
Newspaper extract.
Head Police Office.—Enlistment for the American
Service.—(Before Mr. Allen.)—Yesterday Patrick H. Finney
was summoned by William Pike for refusing to pay him £3 7s. 9d. wages.
Mr. McKenna appeared for the defendant.
The complainant stated that he was a painter by trade, and last
worked with Mr. Marsh, of Omagh. He claimed the wages for
writing and circulating through the town for Finney that he had
come here for the purpose of taking out 3,000 emigrants to
America to work on railways, &c. Witness acted along with
two other persons named Hynes and Byrne. The agreement was that
they were to work for Finney and for no other person, and that
he would pay better than any one else in Ireland could or would.
Finney went to Galway, and after he returned, witness showed him
names of persons. Finney said that not more than two hundred of
those would suit.
Mr. Allen. How did you get introduced to Finney?
Witness. I was in Saunders’s News-Letter office, and was told by
a party present that Finney was in the London hotel for the
purpose; the witness further said that he went to the hotel and
asked Finney the terms, Hynes and Byrne being present; told him
he could get him plenty of men. Finney did not name any sum; he
said he would take them in a steamboat from Galway to Boston;
the emigrants were to get a free passage, but were to repay the
passage money afterwards. The only other person present at that
interview was the wife of the hotel-keeper. Witness procured him
about three hundred and sixty-five
[Page 445]
names altogether. Finney, after his return
from Galway, said he wanted tip-top men; he did not say how many
of the persons witness did get would suit him, but said he would
see about it; witness saw money with him, and got 8s. 6d. from him at
different times. Afterwards Finney showed him the bounty that
was being given for the American army, and from some
conversation with him he believed that was the purpose for which
he wanted the men; Finney said he conceived they would all join
the army when they saw the amount of wages and the bounty that
were being given; witness called on him for a settlement at
different times.
Mr. Allen. You were not going to America yourself?
Witness. No. I don’t intend to go. I have been there before.
Mr. McKenna. You did not intend to go?
Witness. At first I did; he said he came here to give the people
bread, but, from the conversation I heard afterwards, I thought
it was lead he wanted to give them.
To Mr. McKenna. I wrote letters for him, and a copy of the
agreement that the men were to sign; I wrote one letter to Sable
& Searle, of Liverpool, by his direction; I wrote it in his
name; I wrote a copy of the agreement for him on the Monday he
went to the park. The substance of the agreement was that the
undersigned, in consideration of Finney advancing them various
sums of money, would proceed to Boston, in the United States,
and agreed to work in the Charlestown water-works, in the city
of Charlestown, for the Barr Valley and the Franklin Coal
Companies, for the Boston and Hartford railway, &c. At first
Finney said he would pay witness and others better than any one
else could for their trouble, but later in the evening he said
he would give them 2s. a man for every
man they got.
Mr. Allen. Were you to get anything else?
Witness. Yes, I was to get a free passage and a position in
America.
The witness said, in reply to the defendant’s attorney, that on
different occasions he brought Finney able-bodied stout men, and
not a mere list of names; brought him more than twenty, and he
said, “All right, that will do.” Finney showed him that the
soldier’s pay was equal to £40 a year;
that the government city bounty was $85; and that, on the whole,
the person accepting the engagement would have £140 to his credit at the end of the year.
Mr. Allen. Did you get it from his own mouth?
Witness. I did, when there was no other person present, in the
little parlor in the hotel in D’Olier street; he calculated it
on paper at the table, but took the calculations away with him.
The memorandum now produced is my own.
Mr. McKenna submitted that if there had been an enlistment for
foreign service the plaintiff could not recover his demand.
Witness. He was talking about the army: he said, “You see the
difference; it is a far better place than Ireland; we can’t hold
them if they go into the army, but we can hold them if they
attempt to work for any one else.” He did not say he wanted them
for the army, but he showed the difference.
Mr. Allen. I am afraid I cannot give you anything. According to
your own statement, this gentleman came to you to agree with him
to get recruits from Galway and different places for the
American army. Now, to raise troops in that manner here is
illegal, and no one can get any compensation for doing what is
contrary to law; in fact, the only recompense you can get here
is punishment. I dismiss the case.
The defendant said he got his agreement examined by Lord
Duncannon.
The complainant, in reply to Mr. Allen, said he did not know what
became of the men he did get.
[It is almost unnecessary to say that the conversation referred
to by the witness in the above case as having taken place in
Saunders’s News-Letter office, must have passed between him and
some reader of our advertising sheet in the outer office.)
