The republic., 1851-08-11
From De Ttou IYnig, Aug,.st I

4
sr-iborty or rConselenoe''-GenerAl Wool.
AS an act ofjustce to the military service, the Sec
retary of War, and myself, j am induced to notice
an article published in the Boston AtIas and other
papers. headed Liberty of Conscience-the Secre-
tary of War;, relating TO the case Of Private Dug.
gan, of the 4th artillery.
1t is not true, as asserted by the editor of the
alias, that Private Duggan was punished for refus-
ing to attend church; is it true that the sen
tence was set aside by the Secretary of War For
disobedience of orders, and leaving his company
without permission, he subjected to the pay
ment of fine of about five dollars, and this is all the
punishment he has received The following letter to
the Secretary, however, exhibits true history OF
Duggan's case:
WAsHINoToN, July 5, 1851.
SIR have the honor, agreeably to your (verbal) }
request, to report my action in the case OF Private
Duggan, 4th artillery, who tried at Fort Co
lumbus by general court-martial, ordered by
Brevet BrigadIer General Walbach. The pro-
ceedings of the court were transmitted to Gene
raj Walbach, who declined acting in the case
and sent them TO myself for decision. returned
the proceedings 10 the General, with instructions,
IN which observed that, inasmuch Duggan
exhibited far more a spirit of INSTRUMENTATION
than religious scruples, 4 thought he deserved
punishment. AT the same time suggested that,
excepting fine of five dollars the sentence be re-
mited. The Gcneralstil declined acting in the case
and returned the proceedings TO me, with request
that would submit the case to higher authority
for decision. This declined TO do and issued the
enclosed order, (Which renitted the sentence with
the exception of the fine of five doars,) informing
General Walbach by letter that if he desired to
have the question settled by higher authority,
whether or not a Catholic should attend Protest
ant church, on his application would submit the
question. But the case was not of that charac-
ter. The punishment inflicted was not on account
of his religious scruples, but for refusing to apply
to his commanding officer for permission to stay
rtvau U frnfn CHI md fnr Ipay
without permission
am, very respectfully, your obedient servant,
JOHN f. WOOL.
1t is proper, however, to remark, that previous to
receiving the letter of the Secretary OF War; dated
the 18th Of July, that portion also of the sentence
imposing fine OF five dollars per month was re-
mitted. By this remission Duggan was subjected
only TO fine OF five dollars. The following is my
reply to the Secretary:
HEADoUARTERs EASTERN DIVISION,
TaoY, IN. Y.,) July Is, 1851.
SIR had the honor this day 10 receive your
communication of the 10Th instant. In answer
thereto would enclose two orders showing my
action in the case of Private James Duggan-the
soldier, presume, alluded TO as having been pun
ished for refusing to go to church. Allow me to
say that he not punished for refusing to go TO
church, as you will perceive by examination of
the order No. IL. BY special order No. 80 you
will also observe that have remitted the residue
OF his sentence. The only punishment he received
a fine of about five dollars
have the honor to be, sir, your obedent SER
vant JOHN +. WOOL.
There no evidence before the court except
the simple declaration of Duggan to of the wit
nesses that he Catholic. From the testi.
mony of Colonel Gardner, have no doubt that had
Duggan communicated to the colonel that on ac-
count of his religious scruples he could not con-
scientiously attend Protestant church, he would
have been excused. But this he would not do, and
left his company. For this act of disobedence and
characterization, and for nothing else, / approved
30 much of the sentence imposed fine of five
dollars.
From the remark Of the editor of the alias upon
the letter of the Secretary at War, it might be in
ferrcd that the officers of the army, well IA my
self, are intolerant, and would "punish man for
declining to give upto his officers in the army his
religious belief" 1 gratified to find the editor
exhibiting towards the Catholics, and especially to
the Irish, those tolerant feelings which less be-
come his head than his heart. But yield not to
him, or any one else, in feeling and sympathy for
people who have suffered more from oppression
and bad government than any other on the face of
the globe. Far from it. Indeed, / would extend
to them to the fullest extent the of the
Constitution-civil and religious liberty.
JOHN E. WOOL, u. s. A.