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higher, and applying a fresh lighted taper or match, the temperature is found at which the vapor of the oil will take fire and burn steadily, or at which, as is commonly said, the oil burns. As to the explosive point, however, this apparatus would appear in a degree liable to the objections to be made against the open saucer; as by an unnoticed current of air the vapor could be for a time carried off, andsome dealers have stated-so that the oil can thus be made to show an apparent explosive point twenty degrees higher than the real one -a great injustice, of course, to the purchaser. The accompanying drawings (figs. 1 and 2) represent a "Coal Oil Pyrometer" for the uses just considered, and which, though stated in the "Technologiste" (Dec., 1862) to have been invented by Messrs. H. J. Smith and W. Jones, of Phila., and constructed by Mr. Giuseppe Tagliabue, of New York, the latter declares to be his own invention (patented, Nov., 1862). The close similarity of this instrument, in many of its parts, to the preceding, renders a complete description of it unnecessary. In it, also, appear the hollow cylindrical support, waterbath, included reservoir for the oil, lamp, and thermometer. The last named has here, however, a fixed position, with its bulb within the oil to be tested, while over the oilreservoir can be closed (as in fig. 2), or

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by caps sliding over them, and heat being applied, vapor presently begins to arise from the oil; but in this condition of the instrument the atmosphere does not readily enter it, and the vapor tends to be confined. The application of heat should be made slowly, and with the precautions before named. When the supposed explosive point of the vapor is nearly reached, upon opening the small orifices in the cover the upper chamber at once becomes filled with a mixture of the vapor and air, and a lighted taper being introduced through the door (c), if the point of free vaporizing of the oil has been reached, a slight explosion or "puff" within this chamber will indicate the fact. By sliding off the cover, and heating, the point at which the vapor takes fire on the surface of the oil-this being usually (as found with this instrument) some 8° to 10° or more above the explosive point-is readily found.

The instruments thus far named are small, not expensive, and easy of use. It is declared by some that, even with that last named, an oil can be made to show too high an explosive point; but it is doubtless true that, with either of them, by a proper understanding and care, and repeating, if needs be, a fair and useful test of the explosive point of oils liable to contain naphtha can be obtained. Prof. John Torrey, of New York, declares Mr. G. Tagliabue's instrument superior (in accuracy, implied) to those in which the cup is open or uncovered. Still it must be kept in mind that these tests show the explosiveness and comparative safety of oils only, and cannot be relied on to indicate the proportions of light and of heavy oils, and so, the endurance and value of an oil for lighting.

Regnault's Apparatus for Fractional distillation of Coal Oils, Petroleum, etc.-M. W. Regnault has very recently invented an apparatus intended to serve the purpose indicated at the close of the preceding section; that, namely, of determining analytically the percentage of the component oils-having different densities and boiling points-which are contained in a given coal or rock oil, or in any derivative from one of these, the separation being effected by means of fractional distillation. Essentially, the apparatus consists of an upright cylindrical copper retort-capacity about 300 cubic centimètres-with a lampstand and lamp underneath for heating, and at its upper part communicating by a tube with the interior hollow brass cylinder of a condensing arrangement (also upright), this cylinder being enclosed within a considerably larger one, while into the lower part of the space between the two a stream of cold water is, by means of a funnel and tube, continually allowed to flow; the heated water, meanwhile, escaping through another tube at its top. The condenser is prolonged into a small tube at top, and also at bottom; and the whole being supported by an iron tripod, a row of glass cylinders, say five in number,

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graduated to cubic centimètres, are introduced beneath the condenser, these being on a movable support, so as to be slid in succession under it, in order to catch the oils carried over at different temperatures. The temperatures are shown by a thermometer (Centigrade) which has its bulb inserted through a tubulure, within the retort, but above the surface of the oil introduced.

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In using this instrument, 100 cubic centimètres of the oil to be tested are introduced by means of a pipette through the tubulure into the retort; the thermometer is adjusted, and heat applied. Let it now be supposed that the first of the five graduated glass vessels is placed so as to receive the oil recondensed from the vapors which distil over from the time of the first application of heat until the thermometer (C.) shows 100° 212°F.; this portion will, of course, contain the lightest of the components of the oil tested. At the moment the mercury passes 100° the second glass vessel is slid under the tube of the condenser, and kept there (say) until the thermometer marks 120° = 248°F. In this manner the five vessels may be made to receive successively the oils which distil over, first below 100°, and then within every 20° of increased temperature, from 100° up to 180° 356°F. It is evident that any other desired even ranges of temperature may be taken; making the first change, say, at 44°C. 113°F., or thereabouts, so as to separate and determine, first, the proportion of oils present which are so volatile as to be unsafe components of an oil for ordinary illuminating purposes. Now, in any case, if the flow of cold water be uniformly kept up through the condensing apparatus, and if it be sufficient, all the vapors distilled over will be condensed, and the several portions of oil being furthermore, as caught, of equal or nearly equal temperatures, a comparison can directly be made between them; and just 100 cubic centimètres of oil, having been introduced into the retort, the quantities in the several graduated vessels -supposing them to have the same temperatures as the oil when originally introducedwill show the exact percentage of oils, having their vaporizing points between the degrees successively taken, which were contained in the mixed oil at the first.

Even this method does not, it will be seen, give a strict chemical analysis of the oils tested, but only a proximate analysis, by means of the comparative volatility of the component oils. In a discussion upon this instrument, before the Polytechnic Association of New York (Feb. 25th, 1864), the question having been raised whether petroleuin is a mixture of liquids that can be accurately separated at different boiling points, Dr. Parmelee (dentist) remarked that, making use himself of about 2,000 gallons of benzine a week, of sp. gr. of from 70° to 80° Beaumé, he had found it very difficult to free this entirely from naphtha by heat. Petroleum dealers, he stated, have no other means

of estimating the different qualities of oil than the heat test. Still there is no (?) dividing line between the oils-they can be obtained at almost any specific gravity, between certain limits.

The apparatus, which cannot fail to be of great value to those who deal largely in coal or rock oils, or their liquid products, is now to be had in New York.

Acetylene. In his lecture already referred to, Dr. Frankland mentioned the fact of the discov ery by M. Berthelot, within the past ten years, of a new component in coal-gas, to which he had given the name of acetylene, and for the production of which, unlike that of the other gaseous hydrocarbons, an intense heat is requisite. The object had been, hitherto, to produce coal-gas at a low temperature; but now the question was how far the production of this acetylene on a large scale could be carried on. This question is still in embryo; but if successful results are obtained, the influence on the future manufacture of gas must be great. The lecturer exhibited the light of the new gas, as set free by adding to acetylide of copper dilute chlorhydric acid; and although the gas was burned-as its excessive proportion of carbon rendered necessary-in only a very small jet, still the intense brilliancy of the light it afforded was decisively apparent.

In his introductory address before the British Association, 1863, the president, Sir William Armstrong, referred to the subject of acetylene. He mentioned the observation of Dr. Odling, to the effect that the new gas may be produced by mixing carbonic oxide with an equal volume of light carburetted hydrogen, and exposing the mixture in a porcelain tube to an intense heat; and the still more recent observation of Mr. Siemens, who has discovered that this gas is formed in the highly heated regenerators of his furnaces. The lecturer declared that there is now every reason to believe the new gas will become practically available for illuminating purposes.

Artificial Fuel and Gas Material.-Before a meeting (Nov. 19th, 1863) of members of the Franklin Institute, Phila., Prof. A. L. Fleury exhibited samples of a fuel and gas material, or basis, the invention of Mr. Wm. Gerhardt, of that city. A solid material, which is at once fire-proof and porous, is made into bricks, balls, or other desired shape; and these are next made to imbibe gas tar, coal oil, or other similar hydrocarbon, until saturated, and are then dried. They can then be used as fuel, or distilled for illuminating gas. No ash results, and the porosity is retained; so that the masses can be used again in the same manner. This is proposed as a method of securing a fuel free from sulphur, for the manufacture of steel, iron, glass, etc.; and it is said that it can be made to furnish a fuel cheaper than is coal, at the prices now ruling.

Methods of Gas Manufacture.-In the CYCLOPÆDIA for 1862 were mentioned certain processes for carburetting more highly lighting

gases which may be deficient in carbon, and also for charging air with hydrocarbons, so as to produce a mixture suitable for burning as a gas. Certain general principles relating to gasmanufacture, and especially in regard to the production of illuminating gases from oils or like materials, were also stated. Some new methods of accomplishing these results have been brought out, and a very considerable degree of attention has been given to methods of purifying lighting gases. In the notices to be presented of some of these, it is not intended to enter largely into details.

Griffin's Homestead Gas Light."-This method of producing a lighting gas is that of carburetting common air, by forcing it, by means of clock-work and bellows, through naphtha contained in a small air-tight reservoir: from this the gas flows directly into the pipes leading to the burners. The pipes filled, the clock-work ceases to move, until consumption of the gas begins to relieve the pressure in the pipes; its motion then recommences, and the generation of the gas is-up to a certain limit more rapid as the number of burners in use is greater. It is stated that the naphtha vapors do not condense by cold in the pipes; but it would appear that at a certain reduction of temperature condensation must occur. The entire apparatus is small, and is intended for use in private dwellings, &c. The invention is that of Mr. Jonathan Griffin, of W. Meriden, Ct. Buckland's Method of Carburetting Gases.Mr. W. H. Buckland, England, has patented a method of carburetting air or an illuminating gas, by causing either to pass over the surface of, or through, woven fabrics, or fibrous or spongy materials; these being, as occasion requires, saturated with the liquid hydrocarbon employed, and so exposing this in a finely divided stute to the gas to be carburetted.

Parrish's Improvement in Illuminating Gases from Oils, &c.-In the "Scientific American," of July 25th, 1863, is given an account of a patent gas-mixer, the invention of Mr. Wm. D. Parrish, of Philadelphia, and the object of which is to reduce, by intermixture with air, the heavy and rich permanent gas, obtained by destructive distillation of petroleum, tar, or other similar hydrocarbons, before admitting this into the pipes leading to the gas-burners. It is well known that the gas referred to, and commonly called "oil gas," contains too large a percentage of carbon to burn, in jets of the size required for lighting purposes, without smoking. Besides, certain forms of oil-gas apparatus are likely to furnish a gas not at all times of uniform density and quality. Mr. Parrish's gas-mixer is designed to remedy both these defects. It requires no change in the works, be ing simply so attached as to receive the purified gas as delivered by the outlet pipe. It consists of two large "wet meters," placed near each other, the one measuring and registering the quantity of gas, the other that of a desired proportion of common air, which it takes

through a tube at one side, the gas and air being directly discharged from the meters into a common receptacle, and there intermixed; while, by means of a connection by wheelwork and a shaft between the meters, the propelling force of the gas in one of them is made to give motion to the fans within the other, so as forcibly to draw in the air; and by having (say) three sets of wheels, of unequal sizes, upon shafts within the gas-meter, the throwing of one or the other of these into gear allows of three variations in the percentage of air intermixed with the gas; and so of any greater number. Danger of an explosive mixture is avoided by not allowing the proportion of air to exceed 50 per cent. The instruments have been introduced in some places in connection with oil-gas works, public or private. One of them has been in use for about a year in the gas works of the St. Nicholas Hotel, New York, by which nearly 3,000 burners are supplied. In these works, the "refuse" or "dead oil" of petroleum-the residue after distillation from the latter of naphtha, kerosene, and the lubricating oils-is the material from which the gas is generated, and the proportions now adopted for the mixed gas are, of oil gas 60, and of air 40 per cent.

Purification of Illuminating Gases.-Dr. Frankland, in the lecture above mentioned, referred to the then recent experiments of the Rev. Mr. Bowditch, of Wakefield, England, and in which the latter had shown that the bisulphide-of-carbon vapor and the sulphurorganic compounds in coal gas could be got rid of in course of the ordinary process of purifying, after heating the gas containing such impurities with hydrate of lime, to 400° F. Ordinary gas, he stated, contained from 10 or 20 up to 40 grs. per 100 cubic feet of the sulphur-compounds; but the Bowditch process reduced the quantity to, at most, 2 or 3 grs. per 1,000 cubic feet. It still remained to be seen, however, whether the process could be advantageously applied in practice.

Mr. J. C. G. Howitz, gas engineer at Copenhagen, Denmark, is the inventor of a method of purifying gas by iron ore, and which has been successfully introduced into many gas works in that country. The hydrated peroxide of iron in a powdered or granular condition is made to take the place of lime, in what are called the "dry lime" purifiers: ammonium and sulphuretted hydrogen contained in the gas are, during its passage through this, decomposed, formation of sulphide of iron being among the results. This will take place while the gas is yet hot, so that the condenser may be dispensed with; and the purifiers being large enough, even the scrubbing or cleaning with water is not required; the accumulation of naphthaline is as a result diminished, and the gas is said to gain in illuminating power. By suitable treatment the purifying material, which spent, can be restored to a condition fitting it for re-use, i. e., as it is said, "revivified;" and in

the meantime, a considerable quantity of sulphate of ammonia being secured, the sale of this is said quite to cover the expense of purification, if it does not even afford a profit. In this way the cost of the gas manufacture is reduced.

Mr. Geo. Anderson states, in the "Gas-Light Journal," that having used and re-used a quantity of oxide of iron until it could no longer be revivified in the open air, he charged retorts with a portion of it to expel by heat the sulphur it had taken up, and then filling a purifier with the oxide, mixed with sawdust, he found not only that its purifying powers were restored, but also that it could now be revivified on exposure to the air, as before, and repeatedly used. Thereupon, erecting a kiln, he restored his whole stock; and he had, at the time of writing, continued this course with success for about 18 months. In the process, the material is kept at a dull red heat for ten or twelve hours. He regarded it as becoming, by that time, anhydrous: if so, the fact would conflict with the opinion previously held, that when the oxide of iron once became anhydrous, it was useless for the purification of gas.

Messrs. Baggs and Simpson, of London, have patented a process having the objects, first, of depriving coal-gas of the ingredients which render it injurious to animal and vegetable life; and secondly, of manufacturing from the ingredients thus removed certain products having a commercial value. The gas to be purified is made to come in contact with metallic compounds of suitable nature, by blowing or otherwise; the impurities being separated by decomposition or appropriation. The patentees mainly employ for this purpose metallic oxides and salts, the latter either neutral, super-salts, or sub-salts, which have a strong affinity or attraction for sulphur, carbonic acid, &c., and which are themselves susceptible of renovation or recovery after use. The oxides and salts of copper, lead, magnesia, and some other bases are found suitable for these purposes.

Mr. Geo. Smedley states that having observed that an ammoniacal liquid filtered through animal charcoal had lost nearly the whole of its ammonia, he was led to try the effect of the same material upon coal-gas. Filling one tray in each purifier with the animal charcoal, he applied on the following days, to the gas passed through this, the turmeric test, and found that the ammonia had disappeared. By use of a small purifier, similarly charged, he afterward found that the carbon intercepted not only ammonia, but also sulphuretted hydrogen; though it took up but a small percentage of carbonic acid. He is led to believe that gas so purified also retains a larger percentage of hydrocarbons than that which is purified either by lime or by oxide of iron.

INDEMNITY. Indemnity was claimed in the courts, in two aspects, viz.: by Government officials, of indemnity from all liability for their acts done under military or official direction; and a claim by those whose property

had been taken by such direction to be indemnified for their losses sustained thereby.

The first class was subdivided into cases where the direction under which the claimants acted was pleaded as a justification of their action, and cases where the provisions of the act known as the Indemnity Act were relied upon to shield the claimants from liability. In most of the cases arising under the first subdivision, resort was ultimately had to the protection afforded by the act of Congress. One case, however, went to judgment in the Supreme Court of Indiana, in which the court decided that the plea of justification was not sustained. It was the case of Griffin cs. Wilcox, and will be found more fully referred to in the present volume. (See MARTIAL LAW).

The Indemnity Act referred to is entitled "an act relating to Habeas Corpus, and regulating judicial proceedings in certain cases," and provides generally that any order of the President, or under his authority, made at any time during the rebellion, shall be a defence to any action civil or criminal, for any act done or omitted to be done, by virtue of such order, and providing a method for removing causes from the State courts to those of the United States. (See ante, page 324.)

General George W. Jones, Minn., late U. S. Minister to Central America, on his return home was arrested and confined in Fort Lafavette, by order, as alleged, of Secretary Seward. After his release he commenced an action in the Supreme Court of the State of New York against Mr. Seward for false imprisonment. Application was made to Judge Clerke of that court to remove the cause to the Circuit Court of the United States, under the provisions of the Indemnity Act. The motion was denied by Judge Clerke, October 19th, as follows:

This is an action in which the plaintiff claims damages for an alleged false imprisonment. The defendant asks for an order of this court to remove the action and all proceedings therein to the next Circuit Court of the United States, to be held in and for the southern district of New York. The defendant states in his pe alleged to have been done by him as Secretary of State tition for this order that the action is brought for acts for the United States of America, under authority derived by him from the President of the United States, in causing and procuring the plaintiff to be arrested have been done to the plaintiff, under such authority, and imprisoned, or for some other wrong alleged to during the present rebellion of the so-called Confeder ate States against the Government of the United States of America; and that it therefore comes within the act of Congress, passed March 3d, 1863, entitled “an act ceedings in certain cases," providing, in the fifth seerelating to habeas corpus and regulating judicial protion, that if any suit has been or shall be commenced against any oflicer, civil or military, or any other person, for any arrest, imprisonment, trespass, or wrong done, or any act omitted to be done, during the pres ent rebellion, by virtue or under color of any authority derived from, or exercised by or under, the President of the United States or any act of Congress, the defendant may remove such action into the Circuit Court of the United States for the district where the suit is stated in the act. brought, on complying with certain requirements

Of course this act, as far as it directs the transfer of

cases from the State to Federal jurisdiction, if it has any constitutional foundation, is founded upon the third article of the Constitution of the United States, defining the extent of the judicial power delegated by the States to the Federal Government, and particularly upon that part of section 1 of said article, which says that "the judicial power shall extend to all cases in law and equity, arising under this Constitution," etc. The defendant in this application maintains that the defence which he intends to set up in this action arises under the Constitution of the United States-the question to be determined being whether the President of the United States, during a rebellion or insurrection, can arrest or imprison, or authorize another to arrest or imprison, any person not subject to military law, without any order, writ, precept, or process, of some court of competent jurisdiction, Now, we assume that this question, if a question at all would arise under the Constitution of the United States-that is, whether the President possesses this power, either in his civil capacity or as Commander-in-Chief of the army and navy of the United States-can be solved only by consulting and interpreting that instrument. But to entitle the defendant to this order, and to give the courts of the United States jurisdiction of this action, there must be some appearance or color of substance in it. It must have some speciousness, some seeming of plausibility, and must not be palpably devoid of any ground of doubt. Can it, then, be a question presenting any appearance of substance or color of doubt, whether the Constitution of the United States of America has invested its chief executive officer with power to arrest or imprison, or to authorize another to arrest or imprison, any person not subject to military law, at any time or under any exigency, without some order or precept, or process of some civil court of competent jurisdiction?

It cannot, of course, be pretended by the most ardent advocate of this high presidential prerogative that the Constitution confers it in set terms. There is assuredly nothing in that instrument which can be tortured into the conferring of such a power on the President in his civil capacity; and this, it appears to me, plainly disposes of the question; for it would be asserting the grossest contradiction and strangest anomaly to say that absolute and unlimited power, equal to any exercised by czar or sultan, can be implied from a constitution which avowedly gives no power to any department of the Government that is not specially set forth, except simply the consequent right to employ all legal means necessary to the execution of the power.

The judge then proceeded to review at considerable length the arguments of counsel, and continued:

It is, however, maintained, if the President does not possess this power in his civil capacity, that he does possess it in his military capacity, as Commander-in-Chief of the army and navy of the United States. A commander of an army has, of course, within the sphere of his military operations against an enemy, all power necessary to insure their success. General Rosecrans had a right, I have no doubt, the other day to destroy all property which caused any obstacles to his operations against Bragg, and if he discovered any plots to mar those operations or give intelligence to the enemy, or to afford them any kind of aid or comfort, he would be right to try the offenders, whether civilians or soldiers, by a court-martial. But his power does not extend beyond his lines.

opinion, be entertained as a question in any State or United States court. The only questions in this action worthy of consideration, and which can be entertained, do not arise under the Constitution of the United States, but are fitly within the jurisdiction of this court. The motion is denied, without costs.

An appeal was taken by the defendant to the General Term, where the order at Special Terin was reversed. The opinion of the court was delivered by Judges Leonard and Sutherformer opinion: land. Judge Clerke, however, maintained his

LEONARD J.-The question is not whether the fourth section of the act of Congress, passed March 2d, 1863, affords a valid defence to the action. The true question is this: is it in the power of Congress to give the Circuit Court jurisdiction of the case?

The Constitution extends the judicial power of the Union to all cases in law and equity arising under the Constitution, laws, and treaties of the United States.

The defence, in this case, arises under the act of Congress, and the validity of that act, considered in the light afforded by the Constitution, will be one of the principal subjects to be determined at the trial. It has been decided that a case arises within the meaning of the Constitution as well when the defendant seeks protection under a law of Congress, as when a plaintiff comes into court, to demand some right conferred by law.

It has been objected that the original jurisdiction of all actions may be drawn into the Federal Courts, by similar enactments of Congress, and that the case arises within the meaning of the Constitution only after a trial and judgment in this court, when the action can be transferred by writ of error or appeal, and brought before the Federal Courts for review. The power of transferring causes to the United States Circuit in a similar manner, where the question involved was of an appellate and not original jurisdiction, has long been sustained. Chief Justice Marshall says, in the case of Osborn vs. The Bank of the United States (9 Wheaton, 821): "We perceive no ground on which the proposition can be maintained, that Congress is incapable of giving the Circuit Courts original jurisdiction, in any case to which the appellate jurisdiction

extends."

Congress has enacted that the defendant may interpose in his defence the orders, &c., of the President, and has directed the transfer of cases involving such a defence, in the manner prescribed, into the Circuit Court.

According to the statements of the defendant such a case has arisen. We have nothing to do with the validity of the law as a defence to the action. It is sufficient for the State Court that the defence involves the construction and effect of a law of Congress. The case has then arisen when the Courts of the United States

may have jurisdiction, if Congress so directs. If the law does not afford a constitutional or valid defence, it cannot now be doubted that the learned justices of the United States Courts will so declare it, when the jurisdiction of such cases will remain in the State Courts, as before the enactment of the law. It is not our duty to assert the independence of our State sovereignty and jurisdiction; for the final construction and effect of all acts of Congress may be brought before the U. S. Courts by the express provision of the Constitution. The manner of taking the cause to those Courts is of consequence. The Supreme Court of the Union must be relied on to prevent its jurisdiction from being unHe concluded a very able and elaborate lawfully extended by Congress. I am of the opinion, opinion by stating:

The President, therefore, whether in his civil capacity or as Commander-in-Chief of the army and navy of the United States, has unquestionably no power to authorize the act of which the plaintiff complains. The ground upon which this application is made has no color of right. It cannot, in my

therefore, that Congress has the power to direct the transfer of such cases.

In my opinion this application was unnecessary in order to vest the U. S. Circuit Court with the posses. sion of the action, but the discussion has not been lost, inasmuch as it will be now settled that this court will not, in this judicial district, take further cognizance of cases which have been transferred under this act of

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