Unknown to J. F. Cummings, February 6, 1864

Sir: Your letter inquiring whether I will ”attempt to prevent the distillation of grain belonging to the Confederate States Government, being receipts from the tax in kind, wherever and whenever they may deem proper,” is received. In reply I have to state that it is as much a violation of the penal laws of this State for any person, no matter what his position may be, to distill Government corn in this State without a license from the Governor as it is to distill the corn of a citizen or to commit the crime of theft or swindling; and while I am responsible as the Executive of the State I shall attempt to execute her criminal laws as well as her civil. The Legislature of this State by express statute provided how much whisky and alcohol might be made of grain within the limits of the State for the Confederate Government, with the license of the Governor, but made it highly penal for any to be made without such license, and limited the quantity beyond which the license should not be granted by the Governor. It is therefore as much a violation of the criminal laws of this State for a Confederate officer to make whisky without a license as it is for any other person to do so. ‘The ownership of the corn has nothing whatever to do with the question. You seem to think that because the corn is tithe corn the Government agents may distill it in violation of the criminal laws of the State without guilt. Ifso, why may they not distill corn purchased by the Government; and if they may do this, why may they not distill any which they choose to impress? The Government claims the ownership of the corn in the one case as well as the other. If it may distill tithe corn it may impress the bread out of the mouths of the wives and children of soldiers and distill that also. No such pretensions will be acquiesced in a moment by the State.

You say the demand for whisky for the army is heavy. I reply, the demand for bread in the army and at home is much greater.

One thing is very certain, there is not corn enough in the country to furnish the people and the army with rations of bread and whisky. One or the other must be dispensed with, and in my judgment no man connected with the army, unless he is a toper, or expects to make money out of the distillation, can hesitate to decide in favor of bread. Ifthe question is left to the decision of a soldier who is a man, whether he shall have his drink of whisky in camp or his wife and children shall have bread at home, there will be no hesitation. He will decide in favor of bread. I have lately been through Upper, Middle, and Southwestern Georgia, and have observed closely, and I am quite sure the prospects of suffering for bread are alarming. In this state of things I feel that I should merit the censure of all good men if I were to allow more corn distilled into whisky than is actually necessary for hospital purposes. What whisky is made under license hereafter to be granted must be made in Southern or Southwestern Georgia, and made as the statute requires—of grain grown over twenty miles from a railroad or navigable stream. If the Government converts the tithe corn of Upper Georgia into whisky, it must take from the people by impressment as many bushels as it thus destroys for the use of the army. Hence the mischief is just as great as if it distilled corn which its officers have impressed.

Another very serious objection to leaving this matter to your discretion is, if I am not incorrectly informed, that you consume one and one-half times more corn than is necessary. I am informed that the rule is to deliver the Government corn to the distiller, and receive in exchange for a bushel of corn one gallon of whisky—possibly in some cases five quarts. Persons who are practical distillers tell me that a bushel of corn will make two and one-half gallons of as good whisky as is now generally selling in the market at about $50 per gallon. Thus you give the distiller, if no Government officer has any part of the profits, $75 per bushel to distill the Government corn, as he can make one gallon for you and one and one-half for himself. Suppose the Government wants 25,000 gallons of whisky. This can be made of 10,000 bushels of corn. Then why distill 25,000 bushels of corn to get 25,000 gallons? Why not consume only 10,000 bushels of corn and pay the distiller a reasonable compensation in money and leave the other 15,000 bushels for bread? If these kinds of contracts are continued while the poor are suffering for bread, the country will ask, and have a right to an answer, why it is so.

The laws of Georgia and regulations of this department have wisely, I think, provided against this kind of favoritism or fraud. They require the distiller who has a license to distill for the Confederate Government to deliver every gallon made out of the grain to the Government, and allow him to retain none of it for speculation. The Government pays him a stipulated price in money for his labor, and he is required before he gets the license to file his affidavit in writing that he will make no more than is mentioned in the license, and that he will deliver it all to the Government. Why should a Confederate officer object to having the distiller put upon these terms, and prefer to give him a bushel of corn for a gallon of whisky? He who does so object and attempts to engage in or encourage such unreasonable speculation, if not peculation, in defiance of the penal laws of this State, must expect to suffer the penalties which the law prescribes. If you have occasion to complain of this decision to your superior officers, you will be expected to furnish them a copy of this letter.

Respectfully, JOSEPH E. BROWN