CHAPTER VII

A LEAF FROM THE PAST

In the United States, moonshining is seldom practiced outside the

mountains and foothills of the southern Appalachians, and those parts of

the southwest (namely, in southern Missouri, Arkansas and Texas), into

which the mountaineers have immigrated in considerable numbers.

Here, then, is a conundrum: How does it happen that moonshining is

distinctly a foible of the southern mountaineer?

To get to the truth, we must hark back into that eighteenth century

wherein, as I have already remarked, our mountain people are lingering

to this day. We must leave the South; going, first, to Ireland of 150 or

175 years ago, and then to western Pennsylvania shortly after the

Revolution.

The people of Great Britain, irrespective of race, have always been

ardent haters of excise laws. As Blackstone has curtly said, "From its

original to the present time, the very name of excise has been odious

to the people of England." Dr. Johnson, in his dictionary, defined

excise as "A hateful tax levied upon commodities, and adjudged not by

the common judges of property, but by wretches hired by those to whom

excise is paid." In 1659, when the town of Edinburgh placed an

additional impost on ale, the Convenanter Nicoll proclaimed it an act so

impious that immediately "God frae the heavens declared his anger by

sending thunder and unheard tempests and storms." And we still recall

Burns' fiery invective:

Thae curst horse-leeches o' the Excise

Wha mak the whisky stills their prize!

Haud up thy han', Deil! ance, twice, thrice!

There, seize the blinkers! [wretches]

An bake them up in brunstane pies

For poor d--n'd drinkers.

Perhaps the chief reason, in England, for this outspoken detestation of

the exciseman lay in the fact that the law empowered him to enter

private houses and to search at his own discretion. In Scotland and

Ireland there was another objection, even more valid in the eyes of the

common people; excise struck heaviest at their national drink.

Englishmen, at the time of which we are speaking, were content with

their ale, not yet having contracted the habit of drinking gin; but

Scotchmen and Irishmen preferred distilled spirits, manufactured, as a

rule, out of their own barley, in small pot-stills (_poteen_ means,

literally, a little pot), the process being a common household art

frequently practiced "every man for himself and his neighbor." A tax,

then, upon whiskey was as odious as a tax upon bread baked on the

domestic hearth--if not, indeed, more so.

Now, there came a time when the taxes laid upon spirituous liquors had

increased almost to the point of prohibition. This was done, not so much

for the sake of revenue, as for the sake of the public health and

morals. Englishmen had suddenly taken to drinking gin, and the immediate

effect was similar to that of introducing firewater among a race of

savages. There was hue and cry (apparently with good reason), that the

gin habit, spreading like a plague, among a people unused to strong

liquors, would soon exterminate the English race. Parliament, alarmed at

the outlook, then passed an excise law of extreme severity. As always

happens in such cases, the law promptly defeated its own purpose by

breeding a spirit of defiance and resistance among the great body of the

people.

The heavier the tax, the more widespread became the custom of illicit

distilling. The law was evaded in two different ways, the method

depending somewhat upon the relative loyalty of the people toward the

Crown, and somewhat upon the character of the country, as to whether it

was thickly or thinly settled.

In rich and populous districts, as around London and Edinburgh and

Dublin, the common practice was to bribe government officials. A

historian of that time declares that "Not infrequently the gauger could

have laid his hands upon a dozen stills within as many hours; but he had

cogent reasons for avoiding discoveries unless absolutely forced to make

them. Where informations were laid, it was by no means uncommon for a

trusty messenger to be dispatched from the residence of the gauger to

give due notice, so that by daybreak next morning 'the boys,' with all

their utensils, might disappear. Now and then they were required to

leave an old and worn-out still in place of that which they were to

remove, so that a report of actual seizure might be made. A good

understanding was thus often kept up between the gaugers and the

distillers; the former not infrequently received a 'duty' upon every

still within his jurisdiction, and his cellars were never without 'a sup

of the best.'... The commerce was carried on to a very great extent,

and openly. Poteen was usually preferred, even by the gentry, to

'Parliament' or 'King's' whiskey. It was known to be free from

adulteration, and had a smoky flavor (arising from the peat fires) which

many liked." Another writer says that "The amount of spirits produced by

distillation avowedly illicit vastly exceeded that produced by the

licensed distilleries. According to Wakefield, stills were erected even

in the kitchens of baronets and in the stables of clergymen."

However, this sort of thing was not moonshining. It was only the

beginning of that system of wholesale collusion which, in later times,

was perfected in our own country by the "Whiskey Ring."

Moonshining proper was confined to the poorer class of people,

especially in Ireland, who lived in wild and sparsely settled regions,

who were governed by a clan feeling stronger than their loyalty to the

central Government, and who either could not afford to share their

profits with the gaugers, or disdained to do so. Such people hid their

little pot-stills in inaccessible places, as in the savage mountains and

glens of Connemara, where it was impossible, or at least hazardous, for

the law to reach them. With arms in hand they defied the officers. "The

hatred of the people toward the gauger was for a very long period

intense. The very name invariably aroused the worst passions. To kill a

gauger was considered anything but a crime; wherever it could be done

with comparative safety, he was hunted to the death."

Thus we see that the townsman's weapon against the government was graft,

and the mountaineer's weapon was his gun--a hundred and fifty years ago,

in Ireland, as they are in America to-day. Whether racial character had

much to do with this is a debatable question. But, having spoken of

race, a new factor, and a curious one, steps into our story. Let it be

noted closely, for it bears directly on a problem that has puzzled many

of our own people, namely: What was the origin of our southern

mountaineers?

The north of Ireland, at the time of which we have been speaking, was

not settled by Irishmen, but by Scotchmen, who had been imported by

James I. to take the place of native Hibernians whom he had dispossessed

from the three northern counties. These immigrants came to be known as

the Scotch-Irish. They learned how to make poteen in little stills,

after the Irish fashion, and to defend their stills from intrusive

foreigners, also after the Irish fashion. By and by these Scotch-Irish

fell out with the British Government, and large bodies of them emigrated

to America, settling, for the most part, in western Pennsylvania.

They were a fighting race. Accustomed to plenty of hard knocks at home,

they took to the rough fare and Indian wars of our border as naturally

as ducks take to water. They brought with them, too, an undying hatred

of excise laws, and a spirit of unhesitating resistance to any authority

that sought to enforce such laws.

It was these Scotchmen, in the main, assisted by a good sprinkling of

native Irish, and by the wilder blades among the Pennsylvania-Dutch, who

drove out the Indians from the Alleghany border, formed our rear-guard

in the Revolution, won that rough mountain region for civilization, left

it when the game became scarce and neighbors' houses too frequent,

followed the mountains southward, settled western Virginia and Carolina,

and formed the vanguard westward into Kentucky, Tennessee, Missouri, and

so onward till there was no longer a West to conquer. Some of their

descendants remained behind in the fastnesses of the Alleghanies, the

Blue Ridge, and the Unakas, and became, in turn, the progenitors of that

singular race which, by an absurd pleonasm, is now commonly known as

the "mountain whites," but properly southern highlanders.

The first generation of Pennsylvania frontiersmen knew no laws but those

of their own making. They were too far away, too scattered, and too

poor, for the Crown to bother with them. Then came the Revolution. The

backwoodsmen were loyal to the new American Government--loyal to a man.

They not only fought off the Indians from the rear, but sent many of

their incomparable riflemen to fight at the front as well.

They were the first English-speaking people to use weapons of precision

(the rifle, introduced by the Pennsylvania-Dutch about 1700, was used by

our backwoodsmen exclusively throughout the war). They were the first to

employ open-order formation in civilized warfare. They were the first

outside colonists to assist their New England brethren at the siege of

Boston. They were mustered in as the First Regiment of Foot of the

Continental Army (being the first troops enrolled by our Congress, and

the first to serve under a Federal banner). They carried the day at

Saratoga, the Cowpens, and King's Mountain. From the beginning to the

end of the war, they were Washington's favorite troops.

[Illustration: A Tub Mill]

And yet these same men were the first rebels against the authority of

the United States Government! And it was their old commander-in-chief,

Washington himself, who had the ungrateful task of bringing them to

order by a show of Federal bayonets.

It happened in this wise:

Up to the year 1791 there had been no excise tax in the United Colonies

or the United States. (One that had been tried in Pennsylvania was

utterly abortive). Then the country fell upon hard times. A larger

revenue had to be raised, and Hamilton suggested an excise. The measure

was bitterly opposed by many public men, notably by Jefferson; but it

passed. Immediately there was trouble in the tall timber.

Western Pennsylvania, and the mountains southward, had been settled, as

we have seen, by the Scotch-Irish; men who had brought with them a

certain fondness for whiskey, a certain knack in making it, and an

intense hatred of excise, on general as well as special principles.

There were few roads across the mountains, and these few were

execrable--so bad, indeed, that it was impossible for the backwoodsmen

to bring their corn and rye to market, except in a concentrated form.

The farmers of the seaboard had grown rich, from the high prices that

prevailed during the French Revolution; but the mountain farmers had

remained poor, owing partly to difficulties of tillage, but chiefly to

difficulties of transportation. As Albert Gallatin said, in defending

the western people, "We have no means of bringing the produce of our

lands to sale either in grain or in meal. We are therefore distillers

through necessity, not choice, that we may comprehend the greatest value

in the smallest size and weight. The inhabitants of the eastern side of

the mountains can dispose of their grain without the additional labor of

distillation at a higher price than we can after we have disposed that

labor upon it."

Again, as in all frontier communities, there was a scarcity of cash in

the mountains. Commerce was carried on by barter; but there had to be

some means of raising enough cash to pay taxes, and to purchase such

necessities as sugar, calico, gun powder, etc., from the peddlers who

brought them by pack train across the Alleghanies. Consequently a still

had been set up on nearly every farm. A horse could carry about sixteen

gallons of liquor, which represented eight bushels of grain, in weight

and bulk, and double that amount in value. This whiskey, even after it

had been transported across the mountains, could undersell even so

cheap a beverage as New England rum--so long as no tax was laid upon it.

But when the newly created Congress passed an excise law, it virtually

placed a heavy tax on the poor mountaineers' grain, and let the grain of

the wealthy eastern farmers pass on to market without a cent of charge.

Naturally enough, the excitable people of the border regarded such a law

as aimed exclusively at themselves. They remonstrated, petitioned,

stormed. "From the passing of the law in January, 1791, there appeared a

marked dissatisfaction in the western parts of Pennsylvania, Maryland,

Virginia, the Carolinas, and Georgia. The legislatures of North

Carolina, Virginia and Maryland passed resolutions against the law, and

that of Pennsylvania manifested a strong spirit of opposition to it. As

early as 1791, Washington was informed that throughout this whole region

the people were ready for revolt." "To tax their stills seemed a blow at

the only thing which obdurate nature had given them--a lot hard indeed,

in comparison with that of the people of the sea-board."

Our western mountains (we call most of them southern mountains now)

resembled somewhat those wild highlands of Connemara to which reference

has been made--only they were far wilder, far less populous, and

inhabited by a people still prouder, more independent, more used to

being a law unto themselves than were their ancestors in old Hibernia.

When the Federal exciseman came among this border people and sought to

levy tribute, they blackened or otherwise disguised themselves and

treated him to a coat of tar and feathers, at the same time threatening

to burn his house. He resigned. Indignation meetings were held,

resolutions were passed calling on all good citizens to _disobey_ the

law, and whenever anyone ventured to express a contrary opinion, or

rented a house to a collector, he, too, was tarred and feathered. If a

prudent or ultra-conscientious individual took out a license and sought

to observe the law, he was visited by a gang of "Whiskey Boys" who

smashed the still and inflicted corporal punishment upon its owner.

Finally, warrants were issued against the lawbreakers. The attempt to

serve these writs produced an uprising. On July 16, 1794, a company of

mountain militia marched to the house of the inspector, General Neville,

to force him to give up his commission. Neville fired upon them, and, in

the skirmish that ensued, five of the attacking force were wounded and

one was killed. The next day, a regiment of 500 mountaineers, led by

one "Tom the Tinker," burned Neville's house, and forced him to flee for

his life. His guard of eleven U. S. soldiers surrendered, after losing

one killed and several wounded.

A call was then issued for a meeting of the mountain militia at the

historic Braddock's Field. On Aug. 1, a large body assembled, of whom

2,000 were armed. They marched on Pittsburgh, then a village of 1,200

souls. The townsmen, eager to conciliate and to ward off pillage,

appointed a committee to meet the mob half way. The committee, finding

that it could not induce the mountain men to go home, made a virtue of

necessity by escorting 5,400 of them into Pittsburgh town. As Fisher

says, "The town was warned by messengers, and every preparation was

made, not for defense, but to extinguish the fire of the Whiskey Boys'

thirst, which would prevent the necessity of having to extinguish the

fire they might apply to houses.... Then the work began. Every citizen

worked like a slave to carry provisions and buckets of whiskey to that

camp." Judge Brackenridge tells us that it was an expensive as well as

laborious day, and cost him personally four barrels of prime old

whiskey. The day ended in a bloodless, but probably uproarious,

jollification.

On this same day (the Governor of Pennsylvania having declined to

interfere) Washington issued a proclamation against the rioters, and

called for 15,000 militia to quell the insurrection. Meantime he had

appointed commissioners to go into the disaffected region and try to

persuade the people to submit peacefully before the troops should

arrive. Peace was offered on condition that the leaders of the

disturbance should submit to arrest.

While negotiations were proceeding, the army advanced. Eighteen

ringleaders of the mob were arrested, and the "insurrection" faded away

like smoke. When the troops arrived, there was nothing for them to do.

The insurgent leaders were tried for treason, and two of them were

convicted, but Washington pardoned both of them. The cost of this

expedition was more than one-third of the total expenditures of the

Government, for that year, for all other purposes. The moral effect upon

the nation at large was wholesome, for the Federal Government had

demonstrated, on this its first test, that it could enforce its own laws

and maintain domestic tranquility. The result upon the mountain people

themselves was dubious. Thomas Jefferson wrote to Madison in December:

"The information of our [Virginia's] militia, returned from the

westward, is uniform, that though the people there let them pass

quietly, they were objects of their laughter, not of their fear; that

one thousand men could have cut off their whole force in a thousand

places of the Alleghany; that their detestation of the excise law was

universal, and has now associated with it a detestation of the

Government; and that a separation which was perhaps a very distant and

problematical event, is now near and certain, and determined in the mind

of every man."

But Jefferson himself came to the presidency within six years, and the

excise tax was promptly repealed, never again to be instituted, save as

a war measure, until within a time so recent that it is now remembered

by men whom we would not call very old.

The moonshiners of our own day know nothing of the story that has here

been written. Only once, within my knowledge, has it been told in the

mountains, and then the result was so unexpected, that I append the

incident as a color contrast to this rather sombre narrative.--

I was calling on a white-bearded patriarch who was a trifle vain of his

historical learning. He could not read, but one of his daughters read

to him, and he had learned by heart nearly all that lay between the two

lids of a "Universal History" such as book agents peddle about. Like one

of John Fox's characters, he was fond of the expression "hist'ry says"

so-and-so, and he considered it a clincher in all matters of debate.

Our conversation drifted to the topic of moonshining.

"Down to the time of the Civil War," declared the old settler, "nobody

paid tax on the whiskey he made. Hit was thataway in my Pa's time, and

in Gran'sir's, too. And so 'way back to the time of George Washington.

Now, hist'ry says that Washington was the Father of his Country; and I

reckon he was the _greatest_ man that ever lived--don't you?"

I murmured a complaisant assent.

"Waal, sir, if 't was right to make free whiskey in Washington's day,

hit's right _now_!" and the old man brought his fist down on the table.

"But that is where you make a mistake," I replied. "Washington did

enforce a whiskey tax." Then I told about the Whiskey Insurrection of

1794.

This was news to Grandpa. He listened with deep attention, his brows

lowering as the narrative proceeded. When it was finished he offered

no comment, but brooded to himself in silence. My own thoughts wandered

far afield, until recalled to the topic by a blunt demand:

[Illustration: Cabin on the Little Fork of Sugar Fork of Hazel Creek in

which the author lived alone for three years]

"You say Washington done that?"

"He did."

"George Washington?"

"Yes, sir: the Father of his Country."

"Waal, I'm satisfied now that Washington was a leetle-grain cracked."

* * * * *

The law of 1791, although it imposed a tax on whiskey of only 9 to 11

cents per proof gallon, came near bringing on a civil war, which was

only averted by the leniency of the Federal Government in granting

wholesale amnesty. The most stubborn malcontents in the mountains moved

southward along the Alleghanies into western Virginia and the Carolinas,

where no serious attempt was made to collect the excise; so they could

practice moonshining to their heart's content, and there their

descendants remain to-day.

On the accession of Jefferson, in 1800, the tax on spirits was repealed.

The war of 1812 compelled the Government to tax whiskey again, but as

this was a war tax, shared by commodities generally, it aroused no

opposition. In 1817 the excise was again repealed; and from that time

until 1862 no specific tax was levied on liquors. During this period of

thirty-five years the average market price of whiskey was 24 cents a

gallon, sometimes dropping as low as 14 cents. Spirits were so cheap

that a "burning fluid," consisting of one part spirits of turpentine to

four or five parts alcohol was used in the lamps of nearly every

household. Moonshining, of course, had ceased to exist.

Then came the Civil War. In 1862 a tax of 20 cents a gallon was levied.

Early in 1864 it rose to 60 cents. This cut off the industrial use of

spirits, but did not affect its use as a beverage. In the latter part of

1864 the tax leaped to $1.50 a gallon, and the next year it reached the

prohibitive figure of $2. The result of such excessive taxation was just

what it had been in the old times, in Great Britain. In and around the

centers of population there was wholesale fraud and collusion. "Efforts

made to repress and punish frauds were of absolutely no account

whatever.... The current price at which distilled spirits were sold in

the markets was everywhere recognized and commented on by the press as

less than the amount of the tax, allowing nothing whatever for the cost

of manufacture."

Seeing that the outcome was disastrous from a fiscal point of view--the

revenue from this source was falling to the vanishing point--Congress,

in 1868, cut down the tax to 50 cents a gallon. "Illicit distillation

practically ceased the very hour that the new law came into operation;

... the Government collected during the second year of the continuance

of the act $3 for every one that was obtained during the last year of

the $2 rate."

In 1869 there came a new administration, with frequent removals of

revenue officials for political purposes. The revenue fell off. In 1872

the rate was raised to 70 cents, and in 1875 to 90 cents. The result is

thus summarized by David A. Wells:

"Investigation carefully conducted showed that on the average the

product of illicit distillation costs, through deficient yields, the

necessary bribery of attendants, and the expenses of secret and unusual

methods of transportation, from two to three times as much as the

product of legitimate and legal distillation. So that, calling the

average cost of spirits in the United States 20 cents per gallon, the

product of the illicit distiller would cost 40 to 60 cents, leaving but

10 cents per gallon as the maximum profit to be realized from fraud

under the most favorable conditions--an amount not sufficient to offset

the possibility of severe penalties of fine, imprisonment, and

confiscation of property.... The rate of 70 cents ... constituted a

moderate temptation to fraud. Its increase to 90 cents constituted a

temptation altogether too great for human nature, as employed in

manufacturing and selling whiskey, to resist.... During 1875-6,

highwines sold openly in the Chicago and Cincinnati markets at prices

less than the average cost of production plus the Government tax.

Investigations showed that the persons mainly concerned in the work of

fraud were the Government officials rather than the distillers; and that

a so-called 'Whiskey Ring' ... extended to Washington, and embraced

within its sphere of influence and participation, not merely local

supervisors, collectors, inspectors, and storekeepers of the revenue,

but even officers of the Internal Revenue Bureau, and probably, also,

persons occupying confidential relations with the Executive of the

Nation."

* * * * *

Such being the condition of affairs in the centers of civilization in

the latter part of the nineteenth century, let us now turn to the

mountains, and see how matters stood among those primitive people who

were still tarrying in the eighteenth. Their situation at that time is

thus briefly sketched by a southern historian[7]:

"Before the war these simple folks made their apples and peaches into

brandy, and their corn into whiskey, and these products, with a few

cattle, some dried fruits, honey, beeswax, nuts, wool, hides, fur,

herbs, ginseng and other roots, and woolen socks knitted by the women in

their long winter evenings, formed the stock in trade which they

bartered for their plain necessaries and few luxuries, their homespun

and cotton cloths, sugar, coffee, snuff, and fiddles.... The raising of

a crop of corn in summer, and the getting out of tan-bark and lumber in

winter, were almost their only resources.... The burden of taxation

rested lightly on them. For near two generations no excise duties had

been levied.... The war came on. They were mostly loyal to the Union.

They paid the first moderate tax without a murmur.

"They were willing to pay any tax that they were able to pay. But

suddenly the tax jumped to $1.50, and then to $2, a gallon. The people

were goaded to open rebellion. Their corn at that time brought only from

25 to 40 cents a bushel; apples and peaches, rarely more than 10 cents

at the stills. These were the only crops that could be grown in their

deep and narrow valleys. Transportation was so difficult, and markets so

remote, that there was no way to utilize the surplus except to distill

it. Their stills were too small to bear the cost of government

supervision. The superior officers of the Revenue Department

(collectors, marshals, and district-attorneys or commissioners) were

paid only by commissions on collections and by fees. Their subordinate

agents, whose income depended upon the number of stills they cut up and

upon the arrests made, were, as a class, brutal and desperate

characters. Guerrilla warfare was the natural sequence."

Our Southern Highlanders · 第 7 / 17 章