American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-08-09

[FroM ths Troy Anew Yorll wing, August u

&-~sAS
From the Troy (Nsw York; Wing, August II
"LIBERrY on CoSscisNoE'- WooL-As
an act of justice to the military service, the
Secretary Of War and myself, am inclined to
notice an article published in the Boston atlas
and other papers, headed g Liberty of Con-
science--the Secretary Of War"-relating to
the case OF private Duggan Of the fourth artil-
lery.
1t is not true IS asserted by the editor of the
Auas, that private Duggan was punished for
refusing to attend church, nor is it true that the
sentence was set aside by the Secretary of War.
For disobedience of orders and leaving his COM
pany without permission, he was subjected to the
payment of fine of about five dollars, and this
is oil the punishment he has received. The
following letter to the Secretary, however, ex-
hibits a true history of Duggan's case.
WASHINGTON, July 9Th, 1861.
SIR 81 have the honor agreeably to your
(verbaD request to report my action in the case
Of Private Duggan, 4th artillery, who was tried
at Fort Columbus by General Court martial,
ordered by Breyet Brigadier General Walbach.
The proceedings of the court were transmitted
to General Walbach, who declined acting in the
case, and sent them to myself for decision |
returned the proceedings to the General with
instructions, in which observed that inasmuch
ordination than religious scruples, thought he
deserved punishment. AT the same timeI sug-
gested that, excepting fine of five dollars, the
sentence be RENTED. The General still de-
clined acting in the case and returned the pro-
ceedings to me with request that would sub
NIT the case to higher authority for decision.
This declined to do, and issued the enclosed
order, (Which RENTED the sentence with the
exception of the fine of five dollars;) informing
General Walbach by letter that if he desired to
have the question settled by higher authority,
whether or not q Catholic should attend Pro-
testant church, on his application | would sub
NIT the question. But the case was not one Of
that character. The punishment inflicted was
not on account of his religious scruples, but for
refusing to apply to his commanding officer for
permission to stay away from church, and for
leaving his company without permission.
RI am, very respectfully, your ob't serv't,
(Signed JOHN E. Wool.
1t is proper, however, to remark that pre-
vious 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 RENTED. By this remission
Duggan was subjected only to a fine of five
dollars. The following is my reply to the Sc
cretary:
HEADQUARTERS, EASTERN DIVISION,
Troy, N. Y, July 1S, 1851.
SIR: had the honor this day to receive your
communication Of the 10Th instant. In answer
thereto, l would enclose two orders showing
my action in the case Of private James Duggan,
the soldier, / presume, alluded to as having
been punished for refusing to go to church.
Allow me to say that he was not punished for
refusing to go to church, as you will perceive
by an examination Of the order No. IL. By
| ri NJ will o1a che Int
have RENTED the residue of his sentence.
The only punishment he received was fine of
about five dollars.
have the honor to be, sir, your ob't serv't,
(SigneO JOHN E. Wool.
There was no evidence before the court ex-
cept the simple declaration of Duggan to one of
the witnesses that he was q Catholic. From
the testimony of Col. Gardiner, have no doubt
that had Duggan communicated to the Colonel
that on account Of his religious scruples he
could not conscientiously attend Protestant
church, he would have been excused. But this
he would not do, and left his company. For
this act of disobedience and characterization,
and for nothing else, approved SO much of the
sentence as imposed fine of FIVE dollars.
From the remark of the editor of the Ahas
upon the letter of the Secretary of War, it might
be inferred that the officers of the army as
well as myself are intolerant, and would spun
ish man for declining to give up to his officers
in the army his religious belief" | am graft
fed to find the editor exhibiting towards the
Catholics, and especially to the Irish, those toll
Grant feelings which no less become 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
government than any other on the face of the
globe. Far from it. Indeed would extend to
them to the fullest extent the guarantees of
the Constitution and religious liberty.
JOHN E. Wool, U. s. A.