United States v. Tenbroek/Opinion of the Court

by Gabriel Duvall

The court, in considering this question, must be governed by the language of the act of congress of the 4th July, 1813. By this act, a specific duty is laid or licenses to stills, employed in distilling spirituous liquors from domestic or foreign materials, and a penalty is inflicted for distilling without a license.

The distillation of spirituous liquors is performed by a double process: by the application of heat to a still containing the material. The product of the first process, after running through the still, is commonly called low wines, or singlings; the low wines undergo a second process of distillation, by which spirits are produced: they are to be proof of the first, second, third, or fourth degree, as defined and required by law. These are marketable; and here the process ends. The material from which the spirits are extracted, appears to be the object of the law. The rectification or purification of spirits, after their distillation has been complete, in order to fit them for certain purposes of combination with other materials, is no part of the process of distillation, and is not a breach of the provisions of the act of congress. The distillation of spirits, and the rectification of them after they are distilled, appear to be distinct and separate acts. No duty is specifically

It is the opinion of this court, that there is no error in the judgment of the circuit court.

This opinion is given on the request of the Attorney-General; it being probable that the same question may frequently occur. But, as this cause is improperly brought before this court by writ of error, having been first carried from the district to the circuit court by the same process, it is dismissed.e

Writ of error dismissed.

Notes