Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-31
THE WHISKY RAIDERS.

We are in receipt of a letter from
tue Mountain region. detailing the in
cidents Of a recent revenue raid in the
neighborhood of the writer. Not only
were distillery apparatus destroyed in
the usual fashion, and whisky poured
out on the ground-which latter point
our informant doubts, from the booty
condition of the officials when he saw
them ind smelt them-but hogs
were shot down on the spot, and mules
and horses driven of where a distil-
lery was found with the Still itself mis-
sing In one instance, at least, a still
was destroyed which had not been in
use since brandy-making time, and was
then part of IA lawful distillery. In
another case, hogs belonging to citi-
zen in no way connected with the busi-
ness, were shot down. Our informant
assures us that the people theEeabouts
are peaceful and law abiding: any
United States officer can serve any
process without resort to armed force;
of course there may be a few outlaws
there as elsewhere, who would resist,
but in such Il case the officer could
have the assistance Of any number Of
citizens he might need.
An officer 81 the revenue service has
kindly placed at our disposal the latest
compilation Of the Internal Revenue
Laws in force since June Is, 1872, and
we have examined the sections under
which these whisky raids are supposed
to be authorized. Some weeks ago We
showed that no law of Congress could
override the Constitutional provisions
that no citizen shall be deprived of
property without due process of law, "
]. e, indictment, trial, Judgment, etc.
But reyerting 80 the law itself, the only
passage concerning the destruction Of
property reads as follows-Scc. y I'M
der head of Distilled Spirits"
In case of the seizure Of and judg-
ment of forfeiture against any distillery
used or fit for use in the production Of
distilled spirits having aregisteredpro-
ducing capacity of less than one hun
bred and fifty gallons per day, or Of
any distillery because no bond has been
qiren. the still or stills, doublcr, worm,
Oh 4r.l,
menting tubs shall be 50 destroyed as
10 prevent the use Of the same or any
part thereof for the purpose Of distil-
ling: and the materials shall be sold as
in case of other forfeited property"
The first words Of this sentence seem
10 require a Judgment Of forfeiture"
after seizure" before the property can
be destroyed under it. The side head
ing reads. Stills, etc. to be destroyed
in certain cases Of forfeiture" Even
waving this point, there is no authori-
ty for the destruction of sour mash OF
Of liquor by pouring it out on the
ground. because it is provided that
1.-THE materials shall be sold. rs in
case Of other forfeited property" All
the other sections provide penalties 10y
fine. imprisonment and forfeiture of
property to the United States" which |
last is explained by the section above
TO mean sale. not destruction. There
IS no authority anywhere to shoot down
hogs. IN fact, the only mention Of
"hogs OF other live stock is a proyis- |
ion for their comfort by allowing large !
distillerics. on giving bond, to continue
business on the plea that the hogs |
would suffer" This whole law. be it !
noted. is framed in favor Of large dis |
tillers to the prejudice Of small ones
in favor Of the rich against the poor.
Section a provides for the forfeiture Of |
''all raw materials for the production !
If distilled spirits" If hogs were such |
raw material. shooting them down is
no: forfeiture to the United States.
From these remarks our mountain |
correspondent will see that, according |
to his statement, the revenue officers
have trausgresscd even the unconstitu-
tional law under which they were act
ing. it would be worth while for inno-
cent, aggrieycd parties, ike the man
not engaged in distiiling whose hogs |
were killed, to bring the matter before
the courts. and teach such petty pcrsc-
cutors as he describes lesson in the
law. We are tired of the irritating
mode in which the revenue regulations
are sometimes enforced among us. Let
all things be done decently and I'M
order-even the seizure of a NOON
shine distillery. !