Revenue over reason: A case for home distilling

Want to distill spirits at home? Congress says you can’t. This ban from the Reconstruction era was not instated for health or public safety reasons. Rather, the prohibition arose from the inability to accurately tax home-produced alcohol. This reasoning does not justify such a restrictive practice. Distilling is a historically significant process with deep ties to the culture of this nation. Depriving Americans of this liberty in their own home undercuts a storied American tradition.

Creating home-brewed spirits was not a niche or commercial practice in early America; it was an everyday routine. Alcoholic beverages were a staple of the early American diet and were often much safer than local water sources. Wives were often responsible for the process and used various crops distilled into safe beverages to quench the thirst of their households. Stills were treated as ordinary kitchen appliances, like a butter churn or wood oven. In the late 18^th century, 25 percent of households in Augusta County, Virginia owned and operated home stills.

Distilling was not just a household chore; it was also a primary source of income for many farmers. Common crops, such as barley, corn, apples, and peaches, were all vulnerable to spoilage even across short distances. Where travel was especially difficult, distilling these crops provided a more resilient product and a steady source of income for many.

After the Revolutionary War, Alexander Hamilton proposed an excise tax on distilled spirits to tackle the extreme debt the country had accumulated. Excise taxes operate by taxing the manufacture of a targeted good rather than the income generated from sales. Many farmers reacted in outrage, sparking the famed Whiskey Rebellion, during which George Washington led a militia of 13,000 troops to quell the unrest.

The rebellion represented the first violent domestic challenge under the new American Constitution. Hamilton’s enforcement of the tax required every still, no matter how small, to be registered with the federal government. The upheaval underscored the importance of distilling culture in early America. Citizens felt betrayed by their newly formed government, not only due to the tax, but also government intrusion into routine household activities.

Distillation remained common in the home despite the tax, and Jefferson later repealed it, much to the delight of many Americans. Soon after the distilling culture exploded. The early 19^th century came with many advancements in distilling, making the practice accessible to non-farmers. An author at the time noted “we find men of science, men of capital, lawyers, doctors and merchants abandoning other pursuits to learn the art of extracting spirit from grain.” Distilling was no longer merely a household chore or a farmer’s practice; it had become a hobby.

The Civil War marked the second excise tax on spirits. Lincoln had to finance the war, and since stills were so common, spirits were the obvious choice for a tax. Once the war was won by the North, the tax extended to the southern states. The agriculturally dependent South hated the tax, often flouting federal collection officers. In fact, during the early days of the policy, nearly seven out of every eight distilled spirits went untaxed.

This led to a federal clampdown on spirits. In 1868, in order to “secure the revenue” of the spirit excise tax, Congress passed sweeping reforms on enforcement. Distillers were instructed by statute to turn over the keys to their distilleries, allowing inspectors to enter the premises at all times. If they were denied entry at any point, congress authorized them to use any force necessary to gain access.

Because of the obvious hurdles involved in enforcing this surveillance, home distilleries were banned outright. Taxing home distilled spirits would be nearly impossible. In order to further dissuade home distilling, Congress attached harsh penalties to the activity. From that point onward, operating a still in or near a home resulted in a felony, up to five years in federal prison, and, in some cases, forfeiture of their property. Home distilling, once the task of the homemaker and the fun of the hobbyist, was now strictly illegal.

The Treasury was not passive in its enforcement either. The 1880 annual report of Internal Revenue declared “the day of the illicit distiller” over with 4,061 illicit distilleries seized and 7,339 people arrested on account of the new enforcement techniques. Distillers were pushed into the forest under moonlight to avoid internal revenue officers, earning them the now infamous name “moonshiners.”

Around this time social perception of distilling was soured by its close association with violent criminal activity. Moonshiners would clash with enforcement officers, often leading to shootouts. The alignment of some moonshiners with the Ku Klux Klan damaged their reputation as well. Once the 18^th Amendment and Volstead Act were passed, illicit distilling, including home distilling, had firmly cemented itself as a stigmatized practice.

However, the Prohibition would not stand for long. Due to enforcement problems, the propagation of organized crime, and the loss of revenue from the excise tax, the 21^st Amendment repealed the 18^th Amendment, decriminalizing the production and sale of alcohol. However, this liberty remained limited to heavily regulated commercial breweries, wineries, and distilleries. The government was seeking an easily taxable commodity to pull itself out of the Great Depression.

1978 marked the first meaningful restoration of home production of alcoholic beverages. With extensive advocacy efforts from the hobbyist brewing lobby, H.R. 1337 was signed into law. It amended the tax code exempting home-brewed beer and wine from taxation and legalizing their production for personal use. Notably, home distilling was neither decriminalized nor exempted from the tax.

Legalizing home distilling is the next logical step. The prohibition was a step too far, and ever since the regulation of alcohol has been trending downward. For such a common practice during the founding, it is shocking that home distilling carries such steep penalties. The federal government picked this fight, not frontier farmers. The ability to produce spirits in your home for personal consumption should not be infringed. It is what George Washington, with his own home distillery, would have wanted.