Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1864-04-06
For the Advertiser.

press the undue dsiillation of spiritacus liquors
from the cereal grains Of this State" by The first
section Of which it was cnarted in substance,
that 1t shall be unlawful TO dstil, or 14u<e to be
distilled or be concerned in The disillxtion Of
spirituous liquors, from corn, wheat, rye, bailey,
rice, or AIRY of ho.eereal graas within the limits
Of this State, except as hereinafter provided, and
any person diAliag as aforesaid, shall DC deoinet
! guilty Of high nisdemosror, ard on conviction
il the Court Of Sessions, in addition to iorfeiting
their stills, end other apparatus used in tie
distlatton, shall be imprisoned not less than six
months, nor moro than two years, and bo fined in
any sum in the discretion Of tho Court, not loss
than Quo thousand, ror mora than ivo thousand
dolarss. Provided that existing contracts made
with the Medical Purveyor of the Confederate
| Government for tho distillation Of whiskey or
alcohol, may be executed according to their
terms." This section also contains the further
proviso, that tie Governor bo cmpoweres to
contract with. proper Agents. in tho Districts Of;
the State for the manufacture of a liaited quanti-
II oe puro Spirits under certain restrictions, if
satisfactorily Informed, that supply of tho same
cannot be otherwise sbt1insd." The seccnd sec-
ton of this Act requires Agents, appointed by the
Governor in tho former section, to gire bond, &C.,
fer the faithful discharge of their duty. The
third section requires the Magistrate Of the State,
in their respective Districts, to TINT the pro-
Visions of this Act arc enforced; and authorizes
thcm, from pcraonnl oIserration, inoriqotion
oath, of persons unlawfglly distillng, to issue
their warrants to arrest such parties, and toscize
lion requires Captains of Pstrel, to report NIL
violations Of thi. low to The Captain of the Beat
and to Magistrates.
Tha Executive department, porceiving we pre-
sumo, the Act of 1852 Intellectual from many
causes, convened tho Legislature in extra session,
ia April 1863, whom moro comprehensive statute
wac passed, entitled An Act to suppress the dis
lilation of sprituous liquors in this Statc," by
the FIRST section of which it was enacted in sub
stance that the distillation of spirituous liquors
Of any name or kind, from any material or sub
stance, other than the ordinary fruits in their
son, shall be and is heaby prohibited under tho
sano penalties as those lnd down In tho previous
act Of 1852. By the fourth section Of the act sf
1888, tho Govcrnf authorized to employ special
Agents for the pur pose of enforcing this act, udcr
hi, orders, and Sacrihs, cc.raty Sherifa, Magis-
trutes and constabies, are required to render to
such Agents any assistance that aay he required,
in tho discharge OF their duties. BY the fifth Sec
ton, all acts and parts Of acts, inconsistent with
this act [ls63) are hereby repealed.
AZ will be seen from the above extracts, tho en-
ly prohibitory act now of force, in regard to tho
distillation of spirituaus liquors is that of 1858
and we propose briefly, to examine the authority,
and powers of the Governor, special Agents,
Sherifs, Magistrates and Constables, under this
Act in order to prescnt clearly to tho people tho
injustice and oppression resulting from the con-
duct of o portion of these funetionariea, in in
structing, and ordering itinerans detectives, to
enter upon the premises Of the peopls, and to
seize and destry the stills, which Constitute part
of their property, before thOy have been triod,
and convicted, Of any infraction Of the act in
question.
And in the outset of these remarks, We asaert
positively that-eyen if tho act of 1862 was of
were authorized 10 cause the seizure of the stills
of persons, engaged in unlawful distillng. yet
there would be no power conferred on the Erecu-
tive or Magistrate by this act from the simple
fact that there is no authority gSen 70 tse eee'-
fve undcr iis provisions, to seae or Ore" TIE sei=-
ure cf the stills IF the citizen; and for greater
reason applicable to both ri t.cse Nnctionares, be-
] ,s,,,ys. . y
void The second section Of tho ninth article OF
the constitution Of the State Of South Carolina
among. other things ordains "that no freeman Of
this State shall be deprived of his LIE, liberty or
property, but by the judgment Of his peers, or by
:he laws Of the tun'"
An-act therefore ike that 0! 1852, authorizing
hu9istrates to command tie seizure of the proper
ty .f tho citizen befurc trai Jos and conrictioa of
any msdemeanor, is so palpatly violation of
tho above stated provision of the constitution,
that it would DO ato intcllisibfe, oven to the
late General Assembly Of the psaplc OF ths State.
But the att tf 1862 has been repealed, and the
only prohiJitOry lar in regard to distllation, is
tie act Of 1883.
If it would have been hazardous for tho Exccu-
tiYa, and Magistrates Of the State, to have Or
dered the enforcement OF the act Of 1852, whero
there wa, Mt least some shadow Of apparent au-
thorisaton to the Magistrates to order the aazurc
Of the stills Of tho citizen, how much moro dan
gereus is it ncw, to order and persist in such
courc, when there i, not the stiyhte,t foundation
for such poser To DC found i" the act Of 1858.
Yct 50 tits. This premises of the frecnien of
Edgeheld District arc iayad,d, by person, repre-
ssnting themselves as the spcsial Agents of
lie Ercuthre of The State, acting qs Mry aHsye
under his order., and instructed at all hosur,ts,
60 trcapass upon the close of the people, and 10
seize anl destroy their property, in direct ana
pa!paslc violation Of their constitutional rights
and privileges. Is it cot time for the people and
the press, instead Of criticzing the action of Con-
grsss in regard to tho suspension Of the HaJeas
Corpus, to look into tho administration Of tlcir
domestic affairs, and see whether thcir rights orc
not more endangered :ruM within.
The provisions of the ,act Of 1868 are very