o ignite and burst on striking a
substance as soft and yielding as animal flesh (of men or horses), I
consider barbarous and no more to be tolerated by civilized nations
than the universally reprobated practice of using poisoned missiles,
or of poisoning food or drink to be left in the 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 outright, 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.

Re