Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-08-21
"Liberty Of COnscjcnce"-
Gen. Wool.

Gen. Wool.
As an act of justice to the military
service, the Secretary Of War, and my
SELF am induced to notice an article
published in the Boston Atlas and other
papers, headed Liberty Of Console
the Secretary of War"-relating 10
the case of Private Duggan, Of the
Fourth Artillery.
II is not true as asserted by the editor
of the Alias, that Private Duggan was
punished for refusing to attend church,
nor is il true that the sentence was set
aside by the Secretary of War. For
disobedience of orders and leaving his
company without permission, he was
subjected to the payment Of a fine Of
about five dollars, and this is all the
punishment he has received. The iol-
lowing letter to the Secretary, however,
exhibits true history OF Duggan's
case
WASHINGTON, July S, 1851.
SiR:-I have the honor, agrecably 10
your (verha) request to report my ac-
ton in the case Of Private Duggan
Fourth Artillery, who was tried at Fort
Columbus, by General Court Mar
uaI, ordered by Breve, Brigadier Gen
eral WaIbach. The proceedings Of the
Court were transmitted to General Wal
bach, who declined acting in the case,
and sent them to myself for decision. /
returned the proceedings to the Gcner-
al, with instructions, in which observed
tha; inasmuch rs Duggan exhibited far
more spirit characterization than re.
ligious scrupIes, thought he deserved
punishment. At the same time, sug-
gestcd that cxccptinga fine OF five dol
lars, the sentence be rcnittcd. The
General still declined acting in the case.
and returned the proceedings 10 me with
n request that | would submit the case
TO higher authority for decision. This
| declined TO do. and issued the encIos
ed order, (Which RENTED the sentence
with the exception of II fine Of five dol
Iars,) informing General WaIbach by
letter that if he desired to have the
question settled by higher authority,
tul lnf hpr ,,t IN ab 4
Protcstan, church, on his application,
| would submit the question. But The
case was not one of that character. The
punishment inflicted was not on account
Of his religious scrupIes, but for refu-
sing to apply to his commanding officer
for permission TO stay away from church
and for leaving his company without
permission.
am, very respectfully,
Your obedient servant.
(Signed) 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 RENTED. BY this remission, Dug
gan was subjected only 10 a fine Of five
dollars. The following j, my reply to
the Secretary
HrAD-QUARrrRs, EisTERH DIVISION,
Troy, N. Y, July lS, 1851.
SR:-l had the honor this day to re-
ceive your communication Of the 18th
instant. In answer thereto, would en-
close two orders showing my action in
the case Of private James Duggan, the
soldier, presume, alluded to as having
been punished for refusing 10 60 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 special order.
No. 80, you will also observe that have
RENTED the resi- lue Of his sentence
The only punishment lie received was
q fine Of abou. five dollars.
lhavc the honor TO be, sir,
Your obedent servant
(Signed.) JOHN K. WOOL.
There was no evidence before the
court, except the simple declaration of
Duggan TO one Of the witnesses, that
he was a Catholic. From the testimo.
ny OF Colonel Gardner, have no doubt
that had Duggan communicated TO the
Colonel, that on account Of his religious
scruples he could not conscientiously at
tend a Protcstai.t church, he would have
been excused. But this he would not
do, and leit his company. For this act
OF disobedience aud ins AUTHORIZATION, aud
Tor nothing else, approved so much Of
the sentence rs imposed inc Of i've
dollars.
From the remark Of the editor Of the
Atlas upon the letter Of the Secretary OF
War, j, might be inferred that the ofi-
GERS Of The army as well a myself are
intolerant, and would punish n man
for declining to give up to his Off
GERS in the army his religious belicf"-
! am gratificd to find the editor exhibit
ting towards the Catholics, and espe-