Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-14
DESTROYING THE PROPERTY
OF ILLICIT DISTILLERS.

Our local columns this morning con-
tain the particulars of another raid on
the illicit distilleries in a number of the
mountain counties in Middle Tennessee.
The raiders destroyed pro perty belonging
to the illicit distillers estimated to amount
in value to $4,000, ard although there
were seventeen distilleries demolished,
the raiders captured but one man who
was charged with being gtilty of violst-
ing the revenue laws. The efforts of the
revenue officials appear to be directed
more to the destruction of property than
to the arrest of criminals. The violaters
of the law generally escape punishment,
save such as is inflicted in the desIuc-
ton of their property, and when that has
been accomplished, the majesty of the
law appears to have been vindicsted.
Whether this manner of dealing with
those who defy the law, has q salutary
effect is exceedingly questionable. The
law under which these revenue officials
operates, constitutes them prosecutors,
Judge, jury and executioner. They have
no testimony, but determine that this or
that property has been used in
distilling in iolstion Of law and must be
destroyed, and their judgment is carried
out by their minions with a zest which
shows that they enjoy the fun. Indeed
it is frolic for majority of those en-
gagged in the business.
Men who violate the laws should be
punished, but We question the propriety
or the legality of this mode of dealing
with offenders. The Constitution of the
United States pro vides (article of the
amendments) that Sin all criminal prose
cutions, the accused shall enjoy the right
TO speedy and public trial, by an impair
tial jury of the State and district wherein
the crime shall have been committed,
which district shall have been previously
ascertained by law; and TO be informed
of the nature and cause of the accuse
ton; to be confronted with witnesses
against him; to have compulsory process
for obtaining witnesses in his favor, and
to have the assistance of counsel for his
defence" None of these requirements
are complied with. The revenue Of
fcer simply adjudges msn
guilty of violating the law, very likely upon
mere hearsay, and orders the destruction
of his property in perhaps nine cases out
OF ten without attempting to arrest The
criminal. Article of the amendments
provides that ''the right of the people to
be secure in their persons, houses, papers
and effects, against unreasonable searches
and seizures shall not be violated, and no
warrant shall issue, but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to
be searched, and the persons or things TO
be seized" and article provides that No
person shall ''be deprived of life, liberty
or properly without due process of law. +"
These provisions, and particularly the
last are flagrantly violated 10y the Ieve-
nue. officers in their raids upon illicit dis-
tilleries, and no law of Congress which
conflicts with these provisions of the
Constitution can justify any man in the
wholesale destruction of property which
he sdjudges to be employed in the work
of illicit distilling. One of these
days, some person whose property is
destroyed in this summary manner,
will appeal to the courts for redress, AID
if ever such case goes up to the Su-
prtme court of the United States, there
can scarcely be a doubt as to the nature
of the decision tina. tribunal will pro-
nounce upon the constitutionality of the
proyision of the revenue law which au-
thorizes a petty officer under that law TO
destroy the property of any citizen, how
ever guilty of violating the revenue law,
"without due process of law 10 that
event. some of the men who now destroy
the property of alleged illicit distillers
with so much gusto, may find it rather
difficult to foot the bill that will likely
come against them. 1t is quite certain
that it would be much the safest course
to arrest those engaged in illicit distilling
and have them punished accorjingtoIaw.