The Sun.
London, England, 1863-10-02 00:00:00

THE Stitt LONDON, FRIDAY EVENING, ocronEß 2, 1.835

AMERICAN HEAVY ORDNANCE.

(Fro' the Mechanics' Magazi)m.)
The construction of heavy ordnance suited to meet all the

requirements of practical warfare, presents one of the most

difficult problems which task tho inventive powers of the
men of the 19th century, The solution of any question de-

peads on the accurate understanding of everything con-

netted with it; and even comparative ignorance of any one
division of a subject must materially invalidate the results
obtained by calculation or experiments from the rest. We
know a groat deal about the strength of materials, the ac-
tion of gunpowder, the flight of projectiles, and the exi-
gencies of actual service; but we do not yet know enough,
and as a result, we have failed in the construction of excep-
tional guns. We do not possess at the present moment a
single gun capable of throwing a shot over 100 lb. weighty
which is thoroughly reliable, or on which wo could depend
for half an hour in action. Not only the manufacture, but
the working of large guns, even of the simplest form, is at-

tended with difficulties of the gravest kind. And these

obstacles to the general introduction of heavy ordnance, are
increased a hundredfold by complicated breech-loading ma-

chinery, deemed indispensable, obtained at a. vast expense,

and usually found wanting in the day of trial. The largest
guns ever used are at present to be found in the American
navy. We referred last week to some of the practical de-
tails of the manufacture; and the subject is so important,
that we willingly return to it, believing as we do that in-
formation concerning it is of very great importance as a
guide to our future proceedings.
The breech-loadingprinciple is generally ignored through-
out the States. A few small guns on Whitworth or Arm-
strong's principle, or something analogous, may, it is true,
be found in both the contending armies. Our American
friends do not believe in them, however, and eschew them
when they can obtain anything else. The favourite naval
guns are Parrott's and Dahlgren's ; the latter are pretty
well known. The most usual size is the Bin shell gun, with
a length of bore of 100.3 in ; weight, 63cwc. These guns,
placed 9ft above the level of the water, throw a shell 1,776
yards at sdeg elevation, with 91b of powder. Much less is
known of the Parrott guns ; and as they are beyond dispute
the best in the American navy, we do not hesitate to give
our readers some information regarding them, on the accu-
racy of which we can implicitly rely.
The Parrott guns are usually made of the sizes, 100, 200,
and 300. pounders. The first has a bore 6.4 in in diameter,
and 130 in long. The usual weight of this arm is 9,7001 b.
The charge consists of 101 b of powder, and a conical projec-
tile weighing 100 W. The rifling consists of ten grooves,
one-tenth of an inch deep, and exactly an inch wide. The
lands and grooves are, as a principle, made as nearly as
possible of the same width, no matter what the dimensions
of the gun. The 200-pounder weighs nearly 8 tons, is
136 in long, Sin bore, throwing a 1501 b to 1751 b shot with
161 b of powder. The bore is rifled with eleven grooves,
similar in every respect to those of the 100 pounder. The
300-pounder 10 -in gun weighs over 11 tons, has a bore 144
in. long, and throws a 2501 b shoe with 251 b of powder; 14
grooves. The twist of the grooves is rather slow, being—
in the 100-pounder, one turn in 18ft; in the 200-pounder,
one turn in 23ft. We cannot state the precise twist of th 9
largest Parrott guns; but we believe it to be the same as
that employed in the 200-pounder. The range of the
100-pounder is five miles, with 38 deg, of elevation, and the
service charge.
The Parrott shot is a conical projectile, with rather a
sharp head. It fits the chase of the gun pretty accurately,
resting on the lands. A dove-tail groove is turned in the
hinder end of the shot, about tin wide and rather more
than an inch deep towards the forward end. Into this
groove is cast a ring of soft brass. The surface of the
groove is " pecked" or roughened all over, so that the ring
—which is just the size of the bore of the gun—cannot
turn on the shot. The explosion of the charge " upsets"
the brass ring into the shallow grooves, imparting a motion
of rotation to the shot. Any effect similar to " leading" is
of course impossible, and the gun is in consequence loaded
with as much ease as a smooth-bore, while the brass sabot
effectually precludes windage—being upset so thoroughly
as to fit the bore mathematically, without any injurious
friction. To this, doubtless, the vast range of the gun,
with small charges, is directly attributable. Parrott
ordnance is invariably constructed of cast iron,
usually on the " Rodman" principle, already referred to
in our previous number, strengthened with a reinforce,
composed of a single lap welded wrought-iron ring, extend-
ing from the breech to within a foot of the trunnions. It
must be remembered that the gun is not cut away to receive
the reinforce, which is shrunk on hot, turned and finished
afterwards. Ordinary percussion fuses have been hitherto
used for the shells. The great success of those guns, the fa-
cility with which they are loaded, their vast range and great
accuracy, entitle them to a first rank as a military or naval
weapon, and demonstrate clearly, that enormous charges of
powder are quite unnecessary to the performance of a rifled
cannon, when the proper conditions, regulating the flight of
the projectile and its passage through the bore of the gun,
are carefully observed. The employment of large quantities
of powder is simply a clumsy expedient to counteract the
evils resulting from an improper system of rifling and a
faulty construction of shot. Large cannon never can succeed
while the powder burned at each discharge is as much as
one-third or one-fourth of the weight of the projectile. So
thoroughly imbued with this conviction are American artil-
lerists that they have initiated some very remarkable expe-
riments, with a view to concentrate the force of reduced
charges of powder on the projectile with a proportionate
diminution of the strain on the gun. A 7-inch gun
was loaded with the full charge of powder, made up in a
cartridge 6 inches in diameter, so prepared, that when
placed in the gun a clear space of half an inch remained
all round, between its circumference and the chase. The
shot was then rammed close home on the cartridge, and the
gun discharged with the following remarkable result. The
initial velocity of the shot remained precisely the same, as
though discharged in the ordinary way, while the strain on
the gun was reduced nearly one-half as evinced by the pres-
sure plug at the breech I Repetition has only confirmed
the truth of the result obtained by the first experiment. The
air cushion left between the powder and the bore,apparently
protects the gun from the percussive force of the exploding
powder, to which the shot is, of course, fully exposed. The
entire phenomena afford a remarkable confirmation of the

truth of the views expressed by Mr. Lynall Thomas on the
action of exploding gunpowder. We have no doubt that the
conduction of a similar series of exneriments in this country
would be fraught with the best results. After all, our Go-
vernment has done little or nothing to determine the best
form for a gun externally, on the real action of the gun-
powder exploded within it. All the information we have
on these subjects is due, in a primary degree, to private in-
dividuals; those having authority confining their attention
almost exclusively in the rifling, the shot, and the mode of
loading, while the resisting powers of the gun have either
been left to chance, or sought for in the use of better mate-
rial, almost without regard to its proper distribution. Dahl-
gren literally took a diagram of the forces developed
within his first guns by drilling a number of small holes
in a continuous line from breech to muzzle, in the
side of a gun. Each:of these holes was fitted with a pistol
barrel or tube, screwed in, of such length that the distances
from the bore of the cannon to the ends of the tubes were
all precisely alike. These tuber, were each loaded with a
single ball, which, on the discharge of the cannon, was ex-
pelled with a force proportionate to the pressure of the gases
at each part of the length of the gun. This force was mea-
sured by the depth to which the pistol balls penetrated an
oak screen suitably placed to receive them. In one experi-
ment the force was found
t° equal 3,0001 b on the square
inch close to the muzzle of an 8-inch gun with the service
charge of powder and shot. The great efficiency to which
American ordnance has attained is certainly due to a care-
fully conducted series of experiments, commenced years ago
and continued to the present moment. The admirable sim-
plicity of the service guns renders them thoroughly reliable,
while the cost of their manufacture is extremely moderate.
Quitting the subject of rifled guns, we find much to.inte-
rest in the colossal smooth bores which perform their duties
on the decks of the Monitor. These guns are 13ft long in
the bore, and carry a 15ia spherical shot, called solid, but
really containing a cavity 4in in diameter, which secures
the solidity of the iron
surrounding it by equalising its con-
traction. These projectiles weigh 4251 b. The service
charge of cannon
powder is 351 b only, but cake powder is
sometimes employed in 501 b charges. 15in shells weigh
3501 b. The initial velocity of shot thrown from these guns
seldom exceeds I,oooft
per second; in consequence, they
are far more terrible la name than in reality. The turrets
in in which they are aced aro built up of a large number of
superimposed iron plates,
seldom more than lire thick each.
The concussion of heavy shot striking them occasionally
drives the nuts off the
killing or wounding those within the turret as effectually as
so much shot, The 15-in guns are mounted on a heavy
wooden carriage, bolts which bind the plates together,
much like the old-fashioned 68-pounder
carriage used in our navy. The wheels run on a kind of
railway, mounted on two powerful balks of timber, which
cross the turret diametrically, or nearly so. The forward
pair of wheels are fitted with gearing, and the gun is run
out, or rather forward, by a couple of men putting thisin
motion by suitable Winch handles. The port is rather high,
but only 16in wide, so that the muzzle of the gun does not
at any time protrude, but is run right up, in firm contact
with the inside of the turret wall. Aim is taken by causing
and about 3ft long, contains the muzzle of the gun when
run forward. This prevents noise, and preserves the men
ftrhoemtuciornet to
concussion. Between
An iron box, rectangular in section,etween the sleepers on which the gun
travels are bolted several longitudinal timbers, side by side.
From the under part of the carriage a number of long plates
of boiler iron depend, passing between the timbers. A po7er-
fsuol
great,
crreeaw;
twhoartk
tehdeb y a
recoilh a 'l
of -wheel at the side of the carriage,
is arranged to compress these plates on the timbers to any
any extent deemed necessary. The friction produced is
tion, being easily arrested in 4ft. The guns are invariably
of cast iron, reinforced with a single wrought iron hoop.
a the gun permits of exact regula-
All things considered, the introduction of ordnance of
this size into our military or naval operations does not seem
advisable, the Parrott 10-in. gun being superior in every
respect. A 200-pounder shot, moving with a high initial
velocity, is capable of smash ng any iron plate at short range
which can ever be fitted to a ship's side, and the weight of
both the gun and the shot is fully as much at We CALI Wall.
_ age at §ea Ruder e4i§tipg cirmaatauce2,

The Habeas Corpus in America,

-UNITED STATES DISTRICT COURT, SETT. 17.
(Before Judge Betts.)
MATTER OF JOHN BALDINGER.
This was a writ of habeas corpus directed to Gen. Canby,
requiring him to produce Baldinger, who was held at Go-
vernor's Island for trial by a court martial as a deserter.

On Monday the prisoner was produced in court. General
Canby made return that Ballinger, in October, 1862, duly
enlisted and was mustered into the service of the United

States, as a private in 173 d Regiment of New York Volum-
teen, for the term of three years; that he deserted the ser-
vice, was arrested by a provost- marshal, and committed for
trial by court-martial ; and that he now held the prisoner
by authority of the United States as a deserter. The peti-
tioner filed a traverse to the return, denying all the allega-
tions of the return except the fact of the imprisonment.
Testimony was taken, and the matter stood over till Wed-
nesday morning. The proofs in the case were that the pri-
scner was merely received by the recruiting officer as a sub-
stitute for a regularly enlisted man ; that the officer received
250 doll. for effecting the exchange; and that the prisoner
was in a fit of intoxication at the time. There was evidence
that when the prisoner recovered from his debauch he re-
turned to his business as a mechanic, and was not interfered
with until August last, when he was arrested as a deserter
and confined on Governor's Island. On Tuesday the procla-
mation of the President, suspending the privilege of the
writ of habeas colpus, was issued.

Mr. S. J. Glassey, who appeared for Gen. Canby, urged
that the proclamation operated to destroy the power of all
the courts of law to institute or entertain any proceeding of
habeas corpus in this and all similar cases, and that the lan-
guage of the proclamation covered not only cases where the
writ might be applied for, but where it had already been is-
sued. He would not deny that in some cases, as perhaps in
this, the rule worked hardship, but that the proclamation,
being the law of the land, must operate in this as in other
cases.

Mr. J. F. Walton, for the petitioner, insisted that in
any event the delay of the Court should not prejudice the
suitor, and that the prisoner should be discharged nunc pro
tune; that rights acquired before the proclamation issued
were not divested; that the Act of March 3, 1863, autho-
rizing the proclamation, gave no such power ; that such
was not the true construction, but that the suspension of
the writ operated prospectively; and further, that the pro-
clamation did not touch this case either in letter or spirit,
because A statue is never construed to act retrospec-

tively, unless such a construction is unavoidable ("Berley
v. Rampacher," 5 Doer, 188 ; "Dash v. Van Kleeck," 7
Johns, 477; "Johnson v. Burrell," 2 Hill, 238). The
proclamation cannot have any greater force than a statute to
the same effect. It is familiar law that a statute taking
away a common law right is to be strictly construed,
especially NI hen the liberty of the citizen is restricted
(" Looker v. Holcombe," 4 Bing, 183, and many other
cases). 2. Because the proclamation suspends " the privi-
leges of the writ," not proceedings upon writs already
issued, and upon no fair construction can this be deemed to
annul proceedings already commenced. He further claimed
that, on the undisputed facts of the case, Baldinger was not
held as one of the persons mentioned in the proclamation,
but under an arrangement which did not make him in any
way amenable to martial law.
His Honour Judge Betts, after suggesting various ques-
tions to counsel, intimated that he would receive further
points and authorities on each side during the evening, and
render his decision.
The following points were put in on behalf of the Govern-
ment :
The only question that is now before the Court is, whether
this proclamation has the effect of preventing further pro-
ceedings in cases where the writ was served before the issue
of the proclamation.
1. What is meant by the privilege of the writ ? Clearly
the prisoner's right to be brought before the Court to have
the cause of his confinement stated, to have the judgment
of the Court as to the sufficiency of the cause, and to be re-
leased if it was not in law sufficient.
These are the rights expressly secured to the subject by
the statutes of England, which were adopted as a part of the
common law by the several States, and which are compre-
hended in the term "privilege of the writ," as used in the
National Constitution (Ex parte Watkins, 3 Pet., 201) ; in
the reasoning of Judge Hall, in Benedict's case, p. 22,
where he speaks of the right to be discharged where no suffi-
cient cause for detention is shown as an essential part of the
" benefits" of the writ, the word "benefits" being evidently
used as synonymous with "privilege ;" also in Mr. Binney's
pamphlet on habeas corpus (Introductory, p. 5, and also pp,
6, 10, 11, &c.) ; also by Chief Justice Taney in Merryman's
case (American L. Reg., July, 1861) ; also Mr. Wharton's
pamphlet (N. 2, pp. 9, 10) ; also opinion of Attorney-
General (pp. 9, 10, 11).
Additional authorities might be cited if time permitted,
but it is believed the above are sufficient.
2. The proclamation is not retroactive. It does not affect
the validity of proceedings taken before its issue. It simply
" suspends," stays further proceedings. These prisoners are
in the hands of the military authorities. The Court cannot
proceed further. They must remain in custody as they were
when the writ issued.
3, It is no argument to say that "vested rights " are im-
paired in these cases by the application of the proclamation
to them, and that as an act in derogation of common law
rights it must be strictly construed.
The right of all persons restrained to have the writ, and to
have all the privileges and benefits which follow its issue, is
vested and perfect by law. The right of a man restrained
to have the writ issued on his behalf is as perfect, as is that
of him who has obtained the writ to be heard and relieved
under it.

The proclamation is " in derogation " of the common law
rights of both and equally. Both must submit to the hard-

ship which a great public emergency brings upon them.
4. There is no ambiguity in the proclamation, the Act of
Congress which authorises, or the provision of the Constitu-
tion which in the contemplated emergency directs it.
A rebellion existing, and the public safety requiring it, the
President is bound to suspend the privilege of the writ. He
has done so.

That great hardships are inflicted upon individuals is un-
deniable. They are but a small portion of the sufferings en-
tsiled upon the nation by the rebellion,which seeks to destroy
it entirely.

Further proceedings upon the writ therefore must ha sul
pended, and the party be left in custody.

DECISION OF THE COURT.

At the opening of the court this morning,
Judge Betts rendered his decision in the case. lie said
he had not prepared any written opinion, because he had
thought it best not to have any delay in the matter; and,
moreover, if it were desired to have the principles of the case
carried to the Supreme Court for review, proceedings had
better be originated in the Circuit Court, from which they
could be taken up more readily. His Honour proceeded to
pronounce his decision substantially as follows :
" The great question in the case is whether the Court can
act in this matter at all after the recent proclamation of the
President. That depends upon the question whether the
President has the power to suspend the writ of habeas corpus,
and, if he has that power, whether he has exercised it.
There has been some argument of counsel as to whether the
writ of habeas corpus should be considered as a privilege or
not. However it is to be considered, it amounts to this—
that the party in whose favour it is issued is to have certain
relief, and that is that he is to have his case examined unless
he is held by other competent authority. In this case it is
claimed by Baldinger that ho is wrongfully kept in the
United States forces. On the other side it is claimed that
he had entered that service as a soldier, and is rightfully
held now as a deserter ; and the question is whether he has
the right to show on this proceeding that he never was
legally in the service of the United States, and is not there-
fore bound to remain there till the expiration of his term ;
and whether the Court is competent to enter into that in-
quiry. To preclude that inquiry the officers point to the
proclamation of the President suspending the writ. Now,
whether this power of suspension belongs to the authority
of the President as the Executive and Commander-in-Chief,
or whether it is derived from the Act of Congress, is imma-
terial. The act certainly does not diminish his authority,
and if the power inherent in his being head of the Govern-
ment
is not sufficient to warrant his staying the proceedings
of the Courts under the writ, then that power is to be found
in the act. It cannot be said that the Government cannot
make a rule that every citizen shall be held to serve his
country in time of danger. It seems to have been argued
that the Government can never hold an infant to military
service. But I do not agree to that. I think the Govern-
ment can call every man into the field if necessary. The
manner of it may be a subject of discussion. But that our
Government has the authority to do it can no more be denied
than that authority can be denied to everyother government
in the world. Moreover, a peculiarity of the case is that in
our form of government we have all consented to the exercise
of this power over our persons. And even though the action
of Government may seem to be extreme, yet it is by the con-
sent of each one of us that Government acts, as much as if
each one of us had been a member of the convention which
made the Constitution and the congress that made the law.
When a people say, We will form a government, and will
give it extreme power over us,' each individual is bound by
its acts as much as if he had signed an agreement. It can-
not be said that this power is forced upon him. The next
question is whether the government has the right to take
from the citizen the power of inquiring into the exercise of
this power over him. The government has the right to
defend its own existence, and when it is necessary it may
say to all, You shall not prevent or embarrass the action
of the government in the exercise of this high power by any
form of legal action.' It may say, Each than must come
forward to help to defend the national life,' and he cannot
interpose the objection that he is not lawfully called upon,
or that he is called on to do more than his neighbour. It
is enough that he is called on by the government and is
within its reach. We impose the same authority in
other matters, We supersede all action on the part of
corporations at once by legal proceedings. We stop the
proceedings of individuals by injunction. We send an
injunction from one Court to another, stopping its action as
much as by physical force. No one thinks that such things
cannot be done, if it is necessary for the time, being. And
the suspension of the writ of habeas corpus is only saying
that the Court shall not open for such proceeding; the writ
is defunct for the purpose of interposing such objections,
awl a 9 Wirt ola4l pct ii lefereAcc tv §tic4 cmo. t4il3

case the General commanding here returns to the Court
that this man is retained as a deserter, having been enlisted
as a soldier in the army, and that he is retained to be tried ,
for that offence. Who shall try him for it ? Shall we say
that this Court shall step in with this writ and take him
out of the hands of the Court before which he stands, and
which has prima facie the right to try him for such an
offence ? He is not to be tried there by aliens or foreigners.
He is to be tried before the same men, sitting as a court-
martial, that might sit as a jury to try him. He is declared
by the law to be amenable to court-martial, and he is in
the custody of the United States to be subject to trial by
court-martial, as he would be if he was held by any other
form of judicial action. If he had been seized by every
Court in the country ho would not any more be held for
trial than now. This Court cannot step in and take him
out of the authority of the Court that must try him. You
say that he is not in confinement under any process, But
it is not necessary to have any written or printed process.
It is enough to say that he is in the custody of the law, ap-
prehended by the neck, as used to be the case under the old
civil law. This Court is constituted for one purpose ; the
military Court for another ; and when the party is held
odor e a military Court ho is as much before a tribunal as
if he was before this Court. And he must be tried before
the tribunal which tries such offences as he is alleged to
have committed. This is all that this suspension of the writ
amounts to. The proclamation says that the case cannot
-proceed before this tribunal. When the man is held for such
offences, this Court cannot inquire into it. It is out of its
jurisdiction. The condition of things will not allow such
a trial as belongs to peaceful times, but the party must be
tried before the military tribunal which has charge of the
case, I see nothing, therefore, which makes it proper for this
Court to go into the inquiry whether this man enlisted.
The return is that he is held for trial as a deserter, and that
makes the case as much before another tribunal as if he
were held by the judicial power of France or England.
My judgment is that the proclamation makes it out of the
power of the Court to inquire further into these pro-
ceedings.
Mr. Walton, for the prisoner, said he desired to raise the
point also that the return said that the man was held under
the authority of the United States, while the proclamation,
by its terms, applied only to persons held under the autho-
rity of the President of the United States, and also that the
return was not sworn to as was required.
Mr. GLASSEY, for the Government, said he thought that
the certificate of a sworn officer was as good as a sworn re-
turn, but if the matter was to go further he would put in a
sworn return. He added that he understood that an ap-
plication was to be made to General Dix in this matter, and
he would say that the men would remain here a few days
to allow such an application.
Judge Betts announced that the principles which he had
stated would govern him as well in cases of application for
writs of habeas corpus as in those where the writs had been
already issued.