Today In History: Volstead Act Passed By Congress

October 28, 1919

Congress enacted legislation called the National Prohibition Act, better known as the Volstead Act, It was vetoed by President Woodrow Wilson on October 27, 1919. Later that day, the veto was overridden by the House on October 27, 1919 (175–55) and by the Senate (65-20). It became law on October 28 and was one of the most disastrous Acts ever passed by Congress.

volstead act

The three distinct purposes of the Act were:

  1. to prohibit intoxicating beverages,
  2. to regulate the manufacture, sale, or transport of intoxicating liquor (but not consumption), and
  3. to ensure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye and other lawful industries and practices, such as religious rituals.

It provided further that “no person shall manufacture, sell, barter, transport, import, export, deliver, or furnish any intoxicating liquor except as authorized by this act.” It did not specifically prohibit the use of intoxicating liquors. The act defined intoxicating liquor as any beverage containing more than 0.5% alcohol by volume and superseded all existing prohibition laws in effect in states that had such legislation.

Prohibition came into force at midnight on January 17, 1920. The first documented infringement of the Volstead Act occurred in Chicago on January 17 at 12:59 a.m. Six armed men stole $100,000 worth of “medicinal” whiskey from two freight train cars. This trend in bootlegging liquor created a domino effect, with criminals across the United States. In fact, some gang leaders were stashing liquor months before the Volstead Act was enforced. The ability to sustain a lucrative business in bootlegging liquor was largely helped by the minimal police surveillance at the time. There were only 134 agents designated by the Prohibition Unit to cover all of Illinois, Iowa, and parts of Wisconsin. According to Charles C. Fitzmorris, Chicago’s Chief of Police during the beginning of the Prohibition period: “Sixty percent of my police [were] in the bootleg business.”

5 Prohibition Disposal(9)Section 29 of the Act allowed 200 gallons (the equivalent of about 1000 750 ml bottles) of “non-intoxicating cider and fruit juice” to be made each year at home. “Intoxicating” was defined as anything more than 0.5%, but the Bureau of Internal Revenue soon struck that down and this effectively legalized home wine-making. For beer, however, the 0.5% limit remained until 1933.

The Act contained a number of exceptions and exemptions. Many of these were used to evade the law’s intended purpose. For example, the Act allowed a physician to prescribe whiskey for his patients, but limited the amount that could be prescribed. Subsequently, the House of Delegates of the American Medical Association voted to submit to Congress a bill to remove the limit on the amount of whiskey that could be prescribed and questioning the ability of a legislature to determine the therapeutic value of any substance. 

The Act called for trials for anyone charged with an alcohol-related offense, but juries often failed to convict their fellow citizens of a “crime” of which they were also guilty. 

Today In Charleston History: October 27

1775

King George III declares the American colonies to be in open rebellion, due to traitorous behavior. He stated:

Many of these unhappy people may still remain their loyalty, and may be too wise not to see the fatal consequence of this usurpation, and wish to resist it, yet the torrent of violence has been strong enough to compel their acquiescence, till a sufficient force shall appear to support them.

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Today In Charleston History: October 26

1759 – French and Indian War.

Governor Lyttleton left Charlestown, marching for Fort Prince George (present-day Pickens County, South Carolina) with 1500 troops (including Christopher Gadsden) to put down the Cherokee rebellion.

Fort Prince George

Fort Prince George

 

1765 – Stamp Act.

A mob of citizens marched the streets threatening to kill the two stamp agents, George Saxby and Caleb Lloyd, unless they resign.

Stamp Act Rioting

Stamp Act Rioting

Today In Charleston History: October 25

1718 –Piracy  
col rhett and bonnet

Col. Rhett and Stede Bonnet

Some local merchants were nervous about the recently captured pirate, Stede Bonnet. They were afraid his testimony at his trial may link them to the buccaneer’s trade. Due to the lax security (and most likely a bribery of gold by merchant Richard Tookerman) at Capt. Partridge’s home, Stede Bonnet and David Herriot escaped. Bonnet disguised himself as a woman to escape undetected.

Accompanied by a slave and an Indian, they stole a small boat and planned to leave the harbor under cover of night and rendezvous with Moody’s ship, Cape Fear.  However, foul winds and lack of supplies forced the four of them onto Sullivan’s Island., where they cowered. Gov. Johnson at once placed a £700 bounty on Bonnet’s head and dispatched search teams to track him down, led by Col. William Rhett.

 

1757-Births

Charles Pinckney, son of Charles Pinckney, Junior and Francis Brewton Pickney, and cousin to Charles Cotesworth Pinckney, was born in Charlestown. He would later sign the U.S. Constitution with his cousin.

Charles Pinckney

Charles Pinckney

Today In Charleston History: October 24

1671

 The Grand Council appointed a group of citizens to “examine the banks of the Ashley and the Wando, or Cooper River, and to make a return of what places might be most convenient to situate towns upon.” It was an order to begin the surveying of Oyster Point.

1808

The cornerstone of the Charleston Homespun Company was laid at the west end of Wentworth Street – the first manufacturing company incorporated in Charleston. 

1824 – Births

 Susan Dupont Petigru was born, the youngest of four children. She was raised in her family’s Broad Street house, at the center of Charleston’s elite business and social district. Sue attended school first at Madame Talvande’s French School for Young Ladies in Charleston, along with classmate Mary Boykin Chesnut, and later at Madame Binsse’s in Philadelphia. At Talvande’s, in particular, she received a heavy dosage of French, the required language for both instructional and social dialogues, but she also studied chemistry, botany, astronomy, literature, rhetoric, German, art, dancing, and music. 

Her marriage to Henry King was unhappy and in 1861 the couple was separated. Due to laws at the time, divorce was not an option. When Henry was killed in 1862 at the Battle of Secessionville, Sue donned “widow’s weeds”  but her cousin Carey North said that Sue had to “act considerably in doing so.”

She became a fiction writer and novelist. Her work, which included Busy Moments of an Idle Woman (1853), Lily: A Novel (1855), Sylvia’s World: Crimes Which the Law Does Not Reach (1859), and Gerald Gray’s Wife (1864), focused on subversive portrayals of South Carolina aristocracy, in which men toyed with women’s affections, women plotted against one another’s best interests, and mothers forced daughters to choose wealth over romance.

In December 1863 Sue moved to Columbia, S.C. where she was determined “to make herself notorious during the sitting of the Legislature,” at which she succeeded.Sue dressed in lavish outfits of bright coloring, equipped with the finest accouterments her meager estate could provide. Her flirty behavior attracted the attention of a number of young soldiers and married officers from the Confederate army. Later in 1865, Sue was seen cavorting with victorious Yankees in Charleston, to which one gentleman responded: “There goes Mrs K driven by a Yankee thief in my uncle’s Stolen Buggy.”

However, it was in 1870, while working as a foreign-language clerk in Washington’s Post Office Department, that Sue committed her most scandalous and damning public affair – her marriage to Radical Republican and carpetbagger Christopher Columbus Bowen. Eight years her junior, Bowen was even more notorious than Sue.  Born in Rhode Island, Bowen eventually moved to Georgia, where he volunteered for the Confederate cavalry, after being threatened with conscription. He was court-martialed and dishonorably discharged for forging a commanding officer’s signature on a furlough pass to gamble in Charleston and Savannah, Bowen hired a fellow soldier to murder the officer, for which he was arrested and imprisoned in Charleston. While Bowen was awaiting trial, the city of Charleston was successfully invaded by Union forces and Bowen, among other prisoners, was released. He then began working for the Freedmen’s Bureau, which he was fired from shortly thereafter for “irregularities in his accounts.” Afterwards, he began acting as a pro-bono lawyer for newly freed slaves, and the connections he developed allowed him to become first a Republican delegate to South Carolina’s 1868 constitutional convention, and later the elected representative of its first congressional district.

sue king

In 1871, after marrying Sue, Bowen was arrested and tried on charges of bigamy brought by two former wives, one of which owned several brothels and was later convicted as a serial killer. Sue deftly and adamantly defended her husband both in court and in public, writing to one Washington newspaper that she knew:

“that he had been an orphan boy, without relations or friends; had drifted into the company of gamblers and prostitutes, and had lived their life until it had pleased the good god to lift him from the mire.”

Bowen received a two-year prison sentence and a $250 fine, but Sue appealed to President Ulysses S. Grant, who eventually offered Bowen a full pardon. Bowen was reelected to Congress in 1872, but an investigation by the House of Representatives deemed both his and his opponent’s campaigns too corrupt to be officially recognized. Yet Bowen had also been elected as sheriff of Charleston County, a position he would hold until Sue’s death in 1875.

Today In Charleston History: October 23

1704 – Religion

 Francis Simonds, a widow, donated a plot of land for the construction of a dissenting church building, the White Meeting House – the site of the current Circular Church on Meeting Street.

1754 – Births

t. pinckneyThomas Pinckney born in Charleston, second son of Charles and Eliza Pinckney.

1764 – Stamp Act

 A masked and armed mob (probably members of the Sons of Liberty) of “about 60 to 80” marched on Henry Laurens’ house at midnight, suspecting that he held the stamps. Lauren’s coolness toward the Patriot cause made him suspicious in the eyes of the public. The mob held “a brace of cutlasses across my breast” and for the next hour the house was searched.  Laurens was amazed by the lack of damage to his house:

Is it not amazing that such a number of Men many of them heated with Liquor & all armed with Cutlasses & Clubbs did not do one penny damage to my Garden not even not even to walk over a Bed & not damage to my Fence, gate or House?

1830

 The Best Friend arrived in Charleston on the freighter Niagra, in parts, and was taken to the shop of Thomas Dotterer where it was reassembled.

best friend

The Best Friend

Today In Charleston History: October 22

1774

Henry Middleton served as second president of the Continental Congress.

1862 – Civil War

Gus Smythe enlisted in the Signal Corps in Charleston and reported to Capt. Joseph Manigault. He wrote to his Aunt Janey:

I have not yet been assigned to any station, but trust to be kept at the Bathing House [South Battery] … As to accommodations, they are MUCH better than in camp, as we (in town) all stay in houses …

 

View of Charleston from Ft. Wagner

View of Charleston from Ft. Wagner

1925 – Doin’ the Charleston

One of the clubs that challenged the Cotton Club in popularity was Small’s Paradise. Ed Smalls was born in Charleston and moved to New York as a young man. Charleston legend claims that he was kin to the legendary Robert Smalls, an African slave who, during the Civil War, stole a steamer in Charleston harbor and delivered it to the Union navy. Untrue.

Another legend states that Ed Smalls was also related to the notorious Sammy Smalls, “Goat Cart Sam,” a crippled beggar who was often seen drunk on the streets of Charleston being pulled around in a goat cart. Sam usually frequented gambling saloons and whorehouses. “Goat Cart Sam” was about to become a legendary and universal character known as Porgy, the title character of Dubose Heyward’s lyrical novel of black life in Charleston. Also untrue.

Ed Smalls opened Small’s Paradise on October 22, 1925. It was housed in a large basement at 2294½ Seventh Avenue at 135th Street and could accommodate 1500 patrons. It offered extravagant floor shows and the Charlie Johnson Orchestra played the hottest jazz music in Harlem. The Paradise also featured a slew of flamboyant, Charleston-dancing gay waiters who served Chinese food and bootleg liquor to the small tables. During those early years, the Charlie Johnson Orchestra featured two former Jenkins Orphanage trumpet players: Gus Aiken and Jabbo Smith, who had just recently “escaped” from the orphanage.

smalls

Smalls Paradise, New York City. Author’s Collection

Today In Charleston History: October 21

1718 – Piracy

 Governor Johnson wrote to the Commissioners of trade and expressed his apprehension that “the pirates who infest the coast in great numbers would be much irritated” at the actions of Col. Rhett. (Rhett had recently captured the pirate Stede Bonnet who had blockaded Charles Town harbor with Blackbeard.) Johnson again asked for a permanent vessel be sent for the protection of the Carolina coast.

col rhett and bonnet

Col. Rhett’s capture of Stede Bonnet

Almost immediately, word arrived that a pirate ship named Cape Fear, captained by Christopher Moody, was off the bar with a vessel carrying fifty guns and 200 men. Moody was infamous for giving “no quarter” (sparing of lives). The news spread across the city like wildfire.

The Council approved Johnson’s request to outfit four ships – the Mediterranean (twenty-four guns), the King William (thirty guns), the Sea Nymph (six guns) and, ironically, Stede Bonnet’s former pirate vessel, the Royal James, was outfitted to hunt down pirates. The Council asked for volunteers, promising them a share of all the booty that might be taken.

1779 – American Revolution

Henry Laurens was elected Minister to Holland by the Continental Congress. He was to procure a $10,000,000 loan to finance the war effort.

Today In Charleston History: October 20

1730 – Religion

Rev. Alexander Garden held the first convention of South Carolina clergy at Charlestown.

St. Philips Church, 1723

St. Philips Church, 1723

Garden was educated at the University of Aberdeen and in 1719 he went to South Carolina as the Bishop of London’s Commissary, and became rector of  St. Philip’s Church. Garden became renowned for his efforts to censor the evangelist George Whitefield and prevent his “enthusiastic” type of religious meetings from being held in Charles Town, SC.

As well as supervising other clergymen in the area he took an interest in the Charleston Free School, and established the so-called “Negro School” which was supported by the Church of England’s Society for the Propagation of the Gospel. In the spring of 1754 he retired and went to live in England, but soon went back to the warmer climate of South Carolina and died there in 1756

Today In Charleston History: October 19

1781 – American Revolution

Lord Cornwallis surrendered 8000 British troops to George Washington. Victory was assured by the arrival of the French fleet, secured by Col. John Laurens, which cut off Cornwallis’ retreat by sea. Laurens commanded the troops which blocked the path for a British retreat, ultimately leading to them having to surrender. Laurens also represented Washington at the surrender negotiations.

When word of Cornwallis’ surrender reached Charlestown, Lord Rawdon was so concerned about an American attack he ordered forces from Wilmington, North Carolina relocated to Charlestown, constructed new fortifications across the Neck and enlisted Negroes as soldiers.

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