way of an enemy. Such a practice is inexcusable among any people above the grade of ignorant savages. Neither do I regard the use in war of such explosive balls as of any public advantage, but rather the reverse; for it will have the effect of killing out-right, rather than wounding, and it is known that the care of wounded men much more embarrasses the future operations of the enemy than the loss of the same number killed, who require no further attention which may delay or impede them.
There is a class of explosive projectiles now used, the discontinuance of which is not demanded by humanity, and the use of which may be considered legitimate. These are the projectiles which can only be exploded by contact with hard, resisting substances, and which are generally used for destroying ships, caissons, or light fortifications, and not directly against men or animals in the opposing ranks. These latter ought not and probably cannot be included in an agreement or treaty to prohibit their use in warfare; but I strongly advocate an agreement or treaty binding all civilized nations to discontinue and forever abandon the use in war of that class of missiles or projectiles which may be used in small arms and be so sensitive as to explode on contact with animal flesh.
The papers in the case, received through the State and War Departments, are herewith returned.
In this connection, I also notice a letter from the Hon. C. M. Clay, our Minister to Russia, which has been referred to this office and herewith returned, and on which I have to report. If the civilized nations persist in refusing to discontinue and abandon the use of sensitive explosive balls, then it would be well for this Government to enter into the agreement suggested by Mr. Clay, whereby we may be enabled to secure their use in case of necessity, by an agreement with him, or his named authorized agent, for the payment of a stipulated royalty on each that may be procured from him, or may be used in the Government service.
Respectfully, your obedient servant,
Brevet Major-General, Chief of Ordnance.
I have recorded enough to show the recklessness and falsity of the charge against the Confederates of using such missiles in small arms during the late war, and the public is hereby specifically "informed whether the Nationals ever used them."
In the Patent Office Report for 1863-4 will be found the following account of the Gardiner musket shell:
No. 40,468—Samuel Gardiner, jr., of New York, N. Y.—Improvement in Hollow Projectiles—Patent dated November 3, 1863.
The shell to form the central chamber is attached to a mandrel, and the metal forced into a mould around it.
Claim—Constructing shells for firearms by forcing the metal into a mould around an internal shell supported on a mandrel.
