CHAPTER VIII

"BLOCKADERS" AND "THE REVENUE"

Little or no attention seems to have been paid to the moonshining that

was going on in the mountains until about 1876, owing, no doubt, to the

larger game in registered distilleries. In his report for 1876-7, the

new Commissioner of Internal Revenue called attention to the illicit

manufacture of whiskey in the mountain counties of the South, and urged

vigorous measures for its immediate suppression.

"The extent of these frauds," said he, "would startle belief. I can

safely say that during the past year not less than 3,000 illicit stills

have been operated in the districts named. Those stills are of a

producing capacity of 10 to 50 gallons a day. They are usually located

at inaccessible points in the mountains, away from the ordinary lines of

travel, and are generally owned by unlettered men of desperate

character, armed and ready to resist the officers of the law. Where

occasion requires, they come together in companies of from ten to fifty

persons, gun in hand, to drive the officers out of the country. They

resist as long as resistance is possible, and when their stills are

seized, and they themselves are arrested, they plead ignorance and

poverty, and at once crave the pardon of the Government.

"These frauds had become so open and notorious ... that I became

satisfied extraordinary measures would be required to break them up.

Collectors were ... each authorized to employ from five to ten

additional deputies.... Experienced revenue agents of perseverance and

courage were assigned to duty to co-operate with the collectors. United

States marshals were called upon to co-operate with the collectors and

to arrest all persons known to have violated the laws, and

district-attorneys were enjoined to prosecute all offenders.

"In certain portions of the country many citizens not guilty of

violating the law themselves were in strong sympathy with those who did

violate, and the officers in many instances found themselves unsupported

in the execution of the laws by a healthy state of public opinion. The

distillers--ever ready to forcibly resist the officers--were, I have no

doubt, at times treated with harshness. This occasioned much

indignation on the part of those who sympathized with the

lawbreakers...."

The Commissioner recommended, in his report, the passage of a law

"expressly providing that where a person is caught in the act of

operating an illicit still, he may be arrested without warrant." In

conclusion, he said: "At this time not only is the United States

defrauded of its revenues, and its officers openly resisted, but when

arrests are made it often occurs that prisoners are rescued by mob

violence, and officers and witnesses are often at night dragged from

their homes and cruelly beaten, or waylaid and assassinated."

* * * * *

One day I asked a mountain man, "How about the revenue officers? What

sort of men are they?"

"Torn down scoundrels, every one."

"Oh, come, now!"

"Yes, they are; plumb onery--lock, stock, barrel and gun-stick."

"Consider what they have to go through," I remarked. "Like other

detectives, they cannot secure evidence without practicing deception.

Their occupation is hard and dangerous. Here in the mountains, every

man's hand is against them."

"Why is it agin them? We ain't all blockaders; yet you can search these

mountains through with a fine-tooth comb and you wunt find ary critter

as has a good word to say for the revenue. The reason is 't we know them

men from 'way back; we know whut they uster do afore they jined the

sarvice, and why they did it. Most of them were blockaders their own

selves, till they saw how they could make more money turncoatin'. They

use their authority to abuse people who ain't never done nothin' nohow.

Dangerous business? Shucks! There's Jim Cody, for a sample [I suppress

the real name]; he was principally raised in this county, and I've

knowed him from a boy. He's been eight years in the Government sarvice,

and hain't never been shot at once. But he's killed a blockader--oh,

yes! He arrested Tom Hayward, a chunk of a boy, that was scared most

fitified and never resisted more'n a mouse. Cody, who was half drunk

his-self, handcuffed Tom, quarreled with him, and shot the boy dead

while the handcuffs was on him! Tom's relations sued Cody in the County

Court, but he carried the case to the Federal Court, and they were too

poor to follow it up. I tell you, though, thar's a settlement less 'n a

thousand mile from the river whar Jim Cody ain't never showed his nose

sence. He knows there'd be another revenue 'murdered.'"

"It must be ticklish business for an officer to prowl about the

headwaters of these mountain streams, looking for 'sign.'"

"Hell's banjer! they don't go prodjectin' around looking for stills.

They set at home on their hunkers till some feller comes and informs."

"What class of people does the informing?"

"Oh, sometimes hit's some pizen old bum who's been refused credit.

Sometimes hit's the wife or mother of some feller who's drinkin' too

much. Then, agin, hit may be some rival blockader who aims to cut off

the other feller's trade, and, same time, divert suspicion from his own

self. But ginerally hit's jest somebody who has a gredge agin the

blockader fer family reasons, or business reasons, and turns informer to

git even."

It is only fair to present this side of the case, because there is much

truth in it, and because it goes far to explain the bitter feeling

against revenue agents personally that is almost universal in the

mountains, and is shared even by the mountain preachers. It should be

understood, too, in this connection, that the southern highlander has a

long memory. Slights and injuries suffered by one generation have their

scars transmitted to sons and grandsons. There is no denying that there

have been officers in the revenue service who, stung by the contempt in

which they were held as renegades from their own people, have used their

authority in settling private scores, and have inflicted grievous wrongs

upon innocent people. This is matter of official record. In his report

for 1882, the Commissioner of Internal Revenue himself declared that

"Instances have been brought to my attention where numerous prosecutions

have been instituted for the most trivial violations of law, and the

arrested parties taken long distances and subjected to great

inconveniences and expense, not in the interest of the Government, but

apparently for no other reason than to make costs."

An ex-United States Commissioner told me that, in the darkest days of

this struggle, when he himself was obliged to buckle on a revolver every

time he put his head out of doors, he had more trouble with his own

deputies than with the moonshiners. "As a rule, none but desperadoes

could be hired for the service," he declared. "For example, one time my

deputy in your county wanted some liquor for himself. He and two of his

cronies crossed the line into South Carolina, raided a still, and got

beastly drunk. The blockaders bushwhacked them, riddled a mule and its

rider with buckshot, and shot my deputy through the brain with a

squirrel rifle. We went over there and buried the victims a few days

later, during a snow storm, working with our holster flaps unbuttoned. I

had all that work and worry simply because that rascal was bent on

getting drunk without paying for it. However, it cost him his life.

"They were not all like that, though," continued the Judge. "Now and

then there would turn up in the service a man who had entered it from

honorable motives, and whose conduct, at all times, was chivalric and

clean. There was Hersh Harkins, for example, now United States Collector

at Asheville. I had many cases in which Harkins figured."

"Tell me of one," I urged.

"Well, one time there was a man named Jenks [that was not the real name,

but it will serve], who was too rich to be suspected of blockading.

Jenks had a license to make brandy, but not whiskey. One day Harkins was

visiting his still-house, and he noticed something dubious. Thrusting

his arm down through the peach pomace, he found mash underneath. It is a

penitentiary offense to mix the two. Harkins procured more evidence

from Jenk's distiller, and hauled the offender before me. The trial was

conducted in a hotel room, full of people. We were not very formal in

those days--kept our hats on. There was no thought of Jenks trying to

run away, for he was well-to-do; so he was given the freedom of the

room. He paced nervously back and forth between my desk and the door,

growing more restless as the trial proceeded. A clerk sat near me,

writing a bond, and Harkins stood behind him dictating its terms.

Suddenly Jenks wheeled around, near the door, jerked out a navy

revolver, fired and bolted. It is hard to say whom he shot at, for the

bullet went through Harkins's coat, through the clerk's hat, and through

my hat, too. I ducked under the desk to get my revolver, and Harkins,

thinking that I was killed, sprang to pick me up; but I came up firing.

It was wonderful how soon that room was emptied! Harkins took after the

fugitive, and had a wild chase; but he got him."

* * * * *

It was my good fortune, a few evenings later, to have a long talk with

Mr. Harkins himself. He was a fine giant of a man, standing six feet

three, and symmetrically proportioned. No one looking into his kindly

gray eyes would suspect that they belonged to one who had seen as hard

and dangerous service in the Revenue Department as any man then living.

In an easy, unassuming way he told me many stories of his own adventures

among moonshiners and counterfeiters in the old days when these southern

Appalachians fairly swarmed with desperate characters. One grim affair

will suffice to give an impression of the man, and of the times in which

his spurs were won.

There was a man on South Mountain, South Carolina, whom, for the sake of

relatives who may still be living, we will call Lafonte. There was

information that Lafonte was running a blind tiger. He got his whiskey

from four brothers who were blockading near his father's house, just

within the North Carolina line. The Government had sent an officer named

Merrill to capture Lafonte, but the latter drove Merrill away with a

shotgun. Harkins then received orders to make the arrest. Taking Merrill

with him as guide, Harkins rode to the father's house, and found Lafonte

himself working near a high fence. As soon as the criminal saw the

officers approaching, he ran for the house to get his gun. Harkins

galloped along the other side of the fence, and, after a

rough-and-tumble fight, captured his man. The officers then carried

their prisoner to the house of a man whose name I have forgotten--call

him White--who lived about two miles away. Meantime they had heard

Lafonte's sister give three piercing screams as a signal to his

confederates in the neighborhood, and they knew that trouble would

quickly brew.

Breakfast was ready in White's home when the mob arrived. Harkins sent

Merrill in to breakfast, and himself went out on the porch, carbine in

hand, to stand off the thoroughly angry gang. White also went out,

beseeching the mob to disperse. Matters looked squally for a time, but

it was finally agreed that Lafonte should give bond, whereupon he was

promptly released.

The two officers then finished their breakfast, and shortly set out for

the Blue House, an abandoned schoolhouse about forty miles distant,

where the trial was to be conducted. They were followed at a distance by

Lafonte's half-drunken champions, who were by no means placated, owing

to the fact that the Blue House was in a neighborhood friendly to the

Government. Harkins and Merrill soon dodged to one side in the forest,

until the rioters had passed them, and then proceeded leisurely in the

rear. On their way to the Blue House they cut up four stills,

destroyed a furnace, and made several arrests.

[Illustration: A Mountain Home]

The next day three United States commissioners opened court in the old

schoolhouse. The room was crowded by curious spectators. The trial had

not proceeded beyond preliminaries when shots and shouts from the

pursuing mob were heard in the distance. Immediately the room was

emptied of both crowd and commissioners, who fled in all directions,

leaving Harkins and Merrill to fight their battle alone.

There were thirteen men in the moonshiners' mob. They surrounded the

house, and immediately began shooting in through the windows. The

officers returned the fire, but a hard-pine ceiling in the room caused

the bullets of the attacking party to ricochet in all directions and

made the place untenable. Harkins and his comrade sprang out through the

windows, but from opposite sides of the house. Merrill ran, but Harkins

grappled with the men nearest to him, and in a moment the whole force of

desperadoes was upon him like a swarm of bees. Unfortunately, the brave

fellow had left his carbine at the house where he had spent the night.

His only weapon was a revolver that had only three cartridges in the

cylinder. Each of these shots dropped a man; but there were ten men

left. Nothing but Harkins's gigantic strength saved him, that day, from

immediate death. His long arms tackled three or four men at once, and

all went down in a bunch. Others fell on top, as in a college cane-rush.

There had been swift shooting, hitherto, but now it was mostly knife and

pistol-butt. It is almost incredible, but it is true, that this

extraordinary battle waged for three-quarters of an hour. At its end

only one man faced the now thoroughly exhausted and badly wounded, but

indomitable officer. At this fellow, Harkins hurled his pistol; it

struck him in the forehead, and the battle was won.

A thick overcoat that Mr. Harkins wore was pierced by twenty-one

bullets, seven of which penetrated his body. He received, besides, three

or four bad knife-wounds in his back, and he was literally dripping

blood from head to foot.

This tragedy had an almost comic sequel. After all danger had passed, a

sheriff appeared on the scene, who placed, not the mob-leader, but the

Federal officer under arrest. Harkins left a guard over the three men

whom he had shot, and submitted to arrest, but demanded that he be taken

to the farmhouse where he had left his horse. This the sheriff actually

refused to permit, although Harkins was evidently past all possibility

of continuing far afoot. Disgusted at such imbecility, the deputy

stalked away from the sheriff, leaving the latter with his mouth open,

and utterly obsessed.

A short distance up the road, Harkins met a countryman mounted on a

sorry old mule. "Loan me that mule for half an hour," he requested; "you

see, I can walk no further." But the fellow, scared out of his wits by

the spectacle of a man in such desperate plight, refused to accommodate

him.

"Get down off that mule, or I'll break your neck!"

The mule changed riders.

When the story was finished, I asked Mr. Harkins if it was true, as the

reading public generally believes, that moonshiners prefer death to

capture. "Do they shoot a revenue officer at sight?"

The answer was terse:

"They used to shoot; nowadays they run."

* * * * *

We have come to the time when our Government began in dead earnest to

fight the moonshiners and endeavor to suppress their traffic. It was in

1877. To give a fair picture, from the official standpoint, of the state

of affairs at that time, I will quote from the report of the

Commissioner of Internal Revenue for the year 1877-78:

"It is with extreme regret," he said, "I find it my duty to report the

great difficulties that have been and still are encountered in many of

the Southern States in the enforcement of the laws. In the mountain

regions of West Virginia, Virginia, Kentucky, Tennessee, North Carolina,

Georgia and Alabama, and in some portions of Missouri, Arkansas and

Texas, the illicit manufacture of spirits has been carried on for a

number of years, and I am satisfied that the annual loss to the

Government from this source has been very nearly, if not quite, equal to

the annual appropriation for the collection of the internal revenue tax

throughout the whole country. In the regions of country named there are

known to exist about 5,000 copper stills, many of which at certain times

are lawfully used in the production of brandy from apples and peaches,

but I am convinced that a large portion of these stills have been and

are used in the illicit manufacture of spirits. Part of the spirits thus

produced has been consumed in the immediate neighborhood; the balance

has been distributed and sold throughout the adjacent districts.

"This nefarious business has been carried on, as a rule, by a

determined set of men, who in their various neighborhoods league

together for defense against the officers of the law, and at a given

signal are ready to come together with arms in their hands to drive the

officers of internal revenue out of the country.

"As illustrating the extraordinary resistance which the officers have

had on some occasions to encounter, I refer to occurrences in Overton

County, Tennessee, in August last, where a posse of eleven internal

revenue officers, who had stopped at a farmer's house for the night,

were attacked by a band of armed illicit distillers, who kept up a

constant fusillade during the whole night, and whose force was augmented

during the following day till it numbered nearly two hundred men. The

officers took shelter in a log house, which served them as a fort,

returning the fire as best they could, and were there besieged for

forty-two hours, three of their party being shot--one through the body,

one through the arm, and one in the face. I directed a strong force to

go to their relief, but in the meantime, through the intervention of

citizens, the besieged officers were permitted to retire, taking their

wounded with them, and without surrendering their arms.

"So formidable has been the resistance to the enforcement of the laws

that in the districts of 5th Virginia, 6th North Carolina, South

Carolina, 2d and 5th Tennessee, 2d West Virginia, Arkansas, and

Kentucky, I have found it necessary to supply the collectors with

breech-loading carbines. In these districts, and also in the States of

Georgia, Alabama, Mississippi, in the 4th district of North Carolina,

and in the 2d and 5th districts of Missouri, I have authorized the

organization of posses ranging from five to sixty in number, to aid in

making seizures and arrests, the object being to have a force

sufficiently strong to deter resistance if possible, and, if need be, to

overcome it."

The intention of the Revenue Department was certainly not to inflame the

mountain people, but to treat them as considerately as possible. And

yet, the policy of "be to their faults a little blind" had borne no

other fruit than to strengthen the combinations of moonshiners and their

sympathizers to such a degree that they could set the ordinary force of

officers at defiance, and things had come to such a pass that men of

wide experience in the revenue service had reached the conclusion that

"the fraud of illicit distilling was an evil too firmly established to

be uprooted, and that it must be endured."

The real trouble was that public sentiment in the mountains was almost

unanimously in the moonshiners' favor. Leading citizens were either

directly interested in the traffic, or were in active sympathy with the

distillers. "In some cases," said the Commissioner, "State officers,

including judges on the bench, have sided with the illicit distillers

and have encouraged the use of the State courts for the prosecution of

the officers of the United States upon all sorts of charges, with the

evident purpose of obstructing the enforcement of the laws of the United

States.... I regret to have to record the fact that when the officers of

the United States have been shot down from ambuscade, in cold blood, as

a rule no efforts have been made on the part of the State officers to

arrest the murderers; but in cases where the officers of the United

States have been engaged in enforcement of the laws, and have

unfortunately come in conflict with the violators of the law, and

homicides have occurred, active steps have been at once taken for the

arrest of such officers, and nothing would be left undone by the State

authorities to bring them to trial and punishment."

There is no question but that this statement of the Commissioner was a

fair presentation of facts; but when he went on to expose the root of

the evil, the underlying sentiment that made, and still makes, illicit

distilling popular among our mountaineers, I think that he was

singularly at fault. This was his explanation--the only one that I have

found in all the reports of the Department from 1870 to 1904:

"Much of the opposition to the enforcement of the internal revenue laws

[he does not say _all_, but offers no other theory] is properly

attributable to a latent feeling of hostility to the government and laws

of the United States still prevailing in the breasts of a portion of the

people of these districts, and in consequence of this condition of

things the officers of the United States have often been treated very

much as though they were emissaries from some foreign country quartered

upon the people for the collection of tribute."

This shows an out-and-out misunderstanding of the character of the

mountain people, their history, their proclivities, and the

circumstances of their lives. The southern mountaineers, as a class,

have been remarkably loyal to the Union ever since it was formed. Far

more of them fought for the Union than for the Confederacy in our Civil

War. And, anyway, politics has never had anything to do with the

moonshining question. The reason for illicit distilling is purely an

economic one, as I have shown. If officers of the Federal Government

have been treated as foreigners they have met the same reception that

_all_ outsiders meet from the mountaineers. A native of the Carolina

tidewater is a "furriner" in the Carolina mountains, and so is a native

of the "bluegrass" when he enters the eastern hills of his own State.

The highlander's word "furriner" means to him what +barbaros+ did

to an ancient Greek. Ordinarily he is courteous to the unfortunate

alien, though never deferential; in his heart of hearts he regards the

queer fellow with lofty superiority. This trait is characteristic of all

primitive peoples, of all isolated peoples. It is provincialism, pure

and simple--a provincialism more crudely expressed in Appalachia than in

Gotham or The Hub, but no cruder in essence for all that.

The vigorous campaign of 1877 bore such fruit that, in the following

year, the Commissioner was able to report: "We virtually have peaceable

possession of the districts of 4th and 5th North Carolina, Georgia, West

Tennessee, Kentucky, Alabama, and Arkansas, in many of which formidable

resistance to the enforcement of the law has prevailed.... In the

western portion of the 5th Virginia district, in part of West Virginia,

in the 6th North Carolina district, in part of South Carolina, and in

the 2d and 5th districts of Tennessee, I apprehend further serious

difficulties.... It is very desirable, in order to prevent bloodshed,

that the internal revenue forces sent into these infected regions to

make seizures and arrests shall be so strong as to deter armed

resistance."

In January, 1880, a combined movement by armed bodies of internal

revenue officers was made from West Virginia southwestward through the

mountains and foothills infested with illicit distillers. "The effect of

this movement was to convince violators of the law that it was the

determination of the Government to put an end to frauds and resistance

of authority, and since that time it has been manifest to all

well-meaning men in those regions of the country that the day of the

illicit distiller is past." In his report for 1881-82 the Commissioner

declared that "The supremacy of the laws ... has been established in all

parts of the country."

As a matter of fact, the number of arrests per annum, which hitherto had

ranged from 1,000 to 3,000, now dropped off considerably, and the

casualties in the service became few and far between. But, in 1894,

Congress increased the tax on spirits from the old 90 cents figure to

$1.10 a gallon. The effect was almost instantaneous. We have no means

of learning how many new moonshine stills were set up, but we do know

that the number of seizures doubled and trebled, and that bloodshed

proportionally increased. Again the complaint went out that "justice was

frequently defeated," even in cases of conviction, by failure to visit

adequate punishment upon the offenders. It is, to-day, a notorious fact

that our blockaders dread their own State courts far more than they do

the Federal courts, because the punishment for selling liquor in the

mountain counties is surer to follow conviction than is the penalty for

violating Federal law. The latter is severe enough, if it were enforced;

for defrauding, or attempting to defraud, the United States of the tax

on spirits, the law prescribes forfeiture of the distillery and

apparatus, and of all spirits and raw materials, besides a fine of not

less than $500 nor more than $5,000, _and_ imprisonment for not less

than six months nor longer than three years. I am not able to say what

percentage of arrests is followed by conviction, nor how many convicted

persons suffer the full penalty of the law. I only know that public

opinion in the mountains did not consider an arrest, or even a

conviction, by the Federal authorities, as a very serious matter during

the period from 1880 up to the past two or three years, and little

resistance was offered by blockaders when captured.

Recently, however, a new factor has entered the moonshining problem and

profoundly altered it: the South has gone "dry."

One might have expected that prohibition would be bitterly opposed in

Appalachia, in view of the fact that here the old-fashioned principle

still prevails, in practice, that moderate drinking is neither a sin nor

a disgrace, and that a man has the same right to make his own whiskey as

his own soup, if he chooses. Undoubtedly those who fight the liquor

traffic on purely moral grounds are a small minority in the mountains.

But the blockaders themselves are glad to see prohibitory laws enforced

to the letter, so far as saloons and registered distilleries are

concerned, and the drinking public prefer their native product from both

patriotic and gustatory motives. Such a combination is irresistible.

When pure "blockade" of normal strength sold as cheaply as it did before

prohibition there was no great profit in it, all risks and expenses

considered. But to-day, even with interstate shipments of liquors to

consumers, a gallon of "blockade" will be watered to half-strength, then

fortified with cologne spirits or other abominations, and peddled out

by bootleggers, at $1.50 a quart, in villages and lumber camps where

somebody always is thirsty and can find the coin to assuage it. Thus,

amid a poverty-stricken class of mountaineers, the temptation to run a

secret still, and adulterate the output, inflames and spreads.

In any case, the fact is that blockading as a business conducted in

armed defiance of the law is increasing by leaps and bounds since the

mountain region went "dry." The profits to-day are much greater than

before, because liquor is harder to get, in country districts, and

consumers will pay higher prices without question.

Correspondingly, the risks are greater than ever. Arrests have increased

rapidly, and so have mortal combats between officers and outlaws.

Blockading has returned to much the same status described (as previously

quoted) by our Commissioner of Internal Revenue in 1876. I have not seen

recent revenue reports, but I do not need to; for the war between

officers and moonshiners is so close to us that we almost live within

gun-crack of it. If Mr. Harkins were alive to-day, he would say: "They

used to shoot--and they have taken it up again."

Observe, please, that this is no argument for or against prohibition.

That is not my business. As a descriptive writer it is my duty to

collect facts, whether pleasant or unpleasant, regardless of my own or

anyone else's bias, and present them in orderly sequence. It is for the

reader to deduce his own conclusions, and with them I have nothing at

all to do.

I have given in brief the history of illicit distilling because we must

consider it before we can grasp firmly the basic fact that this is not

so much a moral as an economic problem. Men do not make whiskey in

secret, at the peril of imprisonment or death, because they are outlaws

by nature nor from any other kind of depravity, but simply and solely

because it looks like "easy money to poor folks."

If I may voice my own opinion of a working remedy, it is this: Give the

mountaineers a lawful chance to make decent livings where they are. This

means, first of all, decent roads whereby to market their farm produce

without losing all profit in cost of transportation. The first problem

of Appalachia to-day is the very same problem as that of western

Pennsylvania in 1784.

Our Southern Highlanders · 第 8 / 17 章