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.

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:

I have a box of these shells in my possession. They are open for examination by any persons who may desire to see them.

This summer the distinguished officer who commanded the 143d regiment of Pennsylvania volunteers, United States army, at the battle of Gettysburg, informed me that during the last day of the battle, he and his men frequently heard, above their heads, amid the whistling of the minnie balls from the Confederate side, sharp, explosive sounds like the snapping of musket caps. He mentioned the matter to an ordnance officer at the time. The officer replied that what he heard was explosive rifle balls, which the Confederates had captured from the Union troops, who had lately received them from the Ordnance Department.

From the fact that the Gardiner shell is not fitted with a percussion cap at the point of the projectile, and is not easily exploded by hand, and from the additional fact that only about ten thousand are reported as having been used in action, I am willing to believe that the primary purpose of the Government of the United States in using them was the exploding of caissons. There is, moreover, no evidence that any of these shells were issued from the Ordnance Bureau after the year 1863. The Gardiner shells are so constructed as to have no different appearance in the cartridge from the common minnie ball—only the title on the box, and an examination of the ball when separate from the cartridge, giving any indication of its explosive character.

I know not certainly if any other such projectiles were used by the United States troops, nor have I any especial desire to prosecute the investigation further than to prove