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' r Mifii- R andolph & Bonce,
AS a considerable proportion of
w’ she officers, civil and military, in some of
™ the upper counties have neglcfted to take
the oath preferibed by a law pa Bed thelaft
fl . Jelfion of the Legislature, it becomes wor
thy of enquiry in what situation this neg
ligence has placed them. I have been told
I? that the Governor in a letter to a gentle*
p man in \\'i!kes expressed his surprise, that
lo many officers in that county had omit
ft ted taking the oath, and desired to he in
m formed whether this omiflion resulted from
I carleffuefs or defijn. This enquiry was
probably made, t hat the ftibfeqtient Exec u -
tive proceedings might be regulated, ac
jp cording to the degree of turpitude attached
II to the offenders. But it deserves to be no
ticed, that whatever might have been the
intention of those officers who have not
taken the oath, the Executive has in this
case no diferetion to exercise, but the con
| fcquences of non conformity to the aft,
mu ft inevitably attach to those who by ne
giegentc have become fubjeft to irs penal
ties. The words of the aft after prelcrib-
I; ing the oath to be taken are “ And be it
1 jutthtr enafted, That all officers who arc
now in commission, civil or military, ex
cept filth (late officers as have been eleft
j ed by the General Aflenably at this present
lellion, and have been duly qualified be
fore his Excellency the Governor, ffiall
£ within theterm offixmonths, take and fub
feribe the nforefaid oath in manner and
form nforefaid, which ffiall be made of re
f cord by the officer before whom it is tak
| cn, and in case of refufal or negleft of any
officer, his office ffiall be confidercd null
and void, and his Excellency the Govern
or is hereby authorifed and required, to
j till up futh vacancy, in the fame manner
ns if it had been made by death resigna
tion, or removal from the dilfrift: and in
I case any lh* riff, clerk of the superior or
inferior court, or any other officer having
office or truit under the authority of tins
lute, ffiall nrgleft or refufe to take the a
forefaid oath, in mannerand form afore
laid, within the term of fix months, their
aft or nfts, as they appertain to the said
| office, ffiall be considered as null and void”
Here we fee, that by refilling, or negleft
ing to take the oath by any officer, his of
fice is declared to be null and void, and his
Excellency is not only authorifed, but ab
lohitcly required to fill the vacancy—
and even ffiould he not proceed to fill the
vacancy, all the afts of fitch officers as
thev appertain to their offices subsequent
to their negligence or refufal, are render
ed null and void. In several of the upper
counties ’tis said, that the ffieriffsand clerks
f of the county, together with the justices
of the inferior courts and justices of the
peace have neglefted to take the oath;
such officers therefore are incapacitated to
aft in their rtfpeftive offices, and in such
counties no courts can be held till the va
cancies are filled by the Governor. Or
lhould the judges of the superior courts
not be dis poled to notice this negligence in
the iheriffsand clerks till officially inform
ed of it, yet all the afts of such fheriff\>
i*nd Clerks us they appertain to their offi
ces being pronounced null and void, no
proceedings in court with such difqualifi
y ed officers could be legal. This is the ne-
J ceffary conlequence of giving to the aft
the operaton intended, or of allowing it to
| be of an obligatory nature. But it merits
enquiry whether the aft has in faft any
operation, and whether it is not in itfelf
a nullity.
I believe it will be agreed to by his Ex
icellency and all advocates for the Test aft,
that a law repugnant to the Constitution
I is void ; but left that lhould be denied, the
twenty-second ftftion of the firft article of
the Constitution is in these words. “ The
I General Aifembly ftiall have power to
make all laws and ordinances, which they
! Hull deem neceffarv and proper for the
f f,<x> d of the state, which ffiall not be re-
I pognant to this Constitution.” Let os
| * hen fee how the constitution and Test aft
wdl accord. Bv the fourth feftion of the
third article of the Constitution “ Jufti-
I ces of the inferior courts ffiall be appoint
| ed by the General Assembly, and be com
-1 miffioneri bv the Governor, and ffiall hold
; 4 the : -r commifftons during*good behavior, or
as long as they rcfpeftivelv reside in the
I county for which they ffiali be appointed,
ft unleft removed by ientence on lmpeach
* mer.r, or by the Governor, on the address
of two thirds of each branch of the Ge
| n*ra! Assembly.” By the fifth feftion,
| M ; tft ces of the peace ftiall hold their ap
* pointments during good behavior, or un
til ti>’v 111 11 be removed bv conviction or
I iudiftment in the superior court, formal
. praftices in office, or for any felonious or
uifamous crime, or by the (Governor on
» T '*’ c address of two thirds of each branch
of the Legislature.” By the eleventh fee -
tion “ flu-rifTs flull be appointed in such
manner as the General Assembly may by
?, w direst, ai d ffiall hold their appoint-
S;{ tor term of two years, unless
oonrr > -moved by tentence or impench
\/T nT * c L r . b y the Governor on the address
two thirds of the justices of the inferior
court and of the peace in the county” By
the third feftion of the fourth article “ all
militia officers now in commission and
those which may be hereafter commission
ed, ftiall hold their commilfions during,
their usual residence within the division,
pngade, regiment, battalion, or company,
to which they belong, unless removed by
sentence of a court martial, or by the Go
vernor, on the address of two thirds of
each branch of the General Assembly.”
In all these cases the mode of removal
(as well as the mode of appointment) of
the officers mentioned, is prescribed by the
Constitution itfelf, and the legislature who
are not authorifed to make laws repugnant
to the Constitution, cannot direst any oth
er mode of removing officers than the mode
pointed out in the Constitution. It re
quires little sagacity to fee that the Consti
tutional mode of removing officers, is not
pursued by the Test aft, and it requires no
great legal capacity to difeover that the
aft in its penal part is repugnant to the Con
flitution and therefore that it is void.
How this fliould have efeaped the wis
dom of the Legislature would not probably
be easily explained, unless we imagine, the
ardour of the moment,&the urgent desire to
obtain, a /pedal objett, occasioned the par
tizans of the aft to forget, that they could
direst no other mode of removing perfous
from office, than that pointed out by the
Constitution : and not to fee that the judg
es of the superior court after taking the
oath would bejbound thereby to pronounce,
the law a nullity , whenever the constitu
tionality of it lhould be made a question
before them. These remarks I make for
theconfiderationof those vvhofe refkftions
are more correft than my own; and lhould
it be found that I have adopted an impro
per opinion, I ffiall, when convinced there
of, readily acknowledge my error. But
till then I take the liberty of considering
these two propositions as incontrovertible.
1. That, if the Test aft be in force
all officers who have not taken the oaths
thereby required to be taken, are abfoiute
ly out of office, and that there is no power
in the government to suspend this efLft of
the operation of the aft; and that the Go
vernor is absolutely required to fill the va
cancies.
2. If the Constitution is, as I apprehend
it to be, paramount to law ; then those of
ficers who have not taken the oath , are/////
in office , and fliould the Governor from a
different opinion, confider their offices
void, and proceed to fill the imaginary va
cancies, the real officers will not thereby
be deprived of their constitutional rights, but
will be bound to continue in office, ami to
* exercise their funftions till the meeting of
the Legislature, and can then only be re
moved by the mode pointed out in the
Constitution.
ZENO.
Messrs. Randolph G? Bunce,
I AM an old refidentof this state,
altho not of the city of Augusta—by giv
ing the following a place in your next
paper as it stands, you will oblige one of
your Subscribers.
AS I live a considerable distance from
the city of Augusta, and had not been there
for many years—l a few days part visited
that place—as I was a stranger to the mod
public road leading from where I reside,
I came into your city by the old road, for
merly leading to Savannah. The day of
my arrival, is a day laid apart in all civil
ized governments, as a day of divine wor
fliip ; and as I was infomed, that the late
town, (but now the city of Augusta) had
an Intendant and Aldermen—l expefted
to find the fame matter adher’d to ; but
Messrs. Printers how was I disappointed
in my expectation, on entering into Broad-
Street, feeing several large collections of
Negroes, who were cursing, swearing and
some fighting, the dram (hops adjacent to
the market, often croudcd with that black
tribe, and mod of them apparently intoxi
cated with liquor.—-I alked my landlord,
(who appeared to bean intelligent good
natured kind of a man) if the meeting of
those Negroes, were allowed of? His reply
was, that frequent complaints had been
made to the Intendant and Corporation on
that head, but that grievance had never been
remedied, and added that as the owners of
those dram shops, knew it to be the case,
they keptthem open on Sundays, Sc seemed
i ed to exult at the inattention paid to petiti
ons on that head by the Intendant and Al
, dermen.
The case differs widely in Savannah on
that score, for the Intendant and Alder
r men, not only oblige those dram (hops
I (as well as all others) to be kept (hut on
r Sundays,but havepaffedan ordinance, that
l no Negroes from the country, flull be al
l lowed to enter that cityon that dav, (with
- out having special pa'ffes from their maf
l ters.) I know this to be the case, as it is not
>’ fi ncc I wasan eye witnel? to the fame.
- As iam an early rifer, the morning after
s my arrival, I went to take a view of what
- was going on in the Market-Square; it
s was not quite day light, and I fupooled
r very few people would be up, but haw was
my furprize, to find (altho* I had j ifen io
early) the dram (hops near the market
houfe open, illuminated, and crouded
with human beings of ali colors. I ob
served among the mixt multitude, young
men and lads, who from their appearances
had been out all night, and absent from
their masters or employers houses, and had
thither resorted, as an excuse for being ear
ly at market, those with you I make no
doubt have the name of being early risers,
and you know Meflrs. Printers, when
their names are eftabliftied as such, they
may lay a bed as long as they please occa
lionally.
The next class that attracted my atten
tion were your old hands, whom draught
had driven from their downey beds, and
had aflembled there, to take (what they
termed) their morning ufuallity, and some
among them what they vulgarly called a
GULGER* these had the appearance of
being solid men, and found politicians,
they were dil'puting about lome of the laws
of this state, and many complaining of the
T'lxes imposed by the Corporation and
United States, and at intervals would fre
quently refrefh their memories with the
juice of the cane, or Holland Water
double distilled.—The next class were
composed of mechanics and labourers,
(who under pretence of going early to
their daily labor) had thither resorted, to
fatisfy their curiosity and take their morn
ing dram, those were the most orderly set,
for as soon as that was done, they departed
to their daily labor.—The lad class were
composed of huxters and fore fallen , from
ali parts of your city, and of all colors ! ! !
Among whom were Negroes that are free,
Negroes that were hired by those Free Ne
groes, and Negroes who hired themselves
from their masters, or miftrelfes, all waiting,
for the arrival of the Clerk of the Market,
and to hear him announce that the fun
was up, (they having pfevioufiy thereto
made their bargains with the country peo
ple who brought in provisions for sale.)
The Clerk at length arrived, and such a
game of scrambling, I never beheld before,
it appeared to me all was in confufion,
several disputing about having the priority
of purchases they had made, and exer
cifingtheGAMEOF Snatch, forceof lungs
and superior strength of body. The old
house-keepers appeared to me, to look
with concern, to fee the prices given by
the Merchants apprentice’s, huxters and
others.—Among those who were attending
the Market, I observed an old acquain
tance, an honest Mechanic and an old re
sident of Augusta, I went and addrefled
him as such—aster the usual compliments,
I asked him what made him have a melan
choly appearance on his countenance,
Bless me said he ! it is enough to make a
faint mad, and more particular a man situ
ated as I am, having a large family to sup
port, (and feeing that those young boys,
and huxters, ruining the Market) and the
prices enhanced on all kinds of provisions
nearly double, and added what with this;
the County, Corporation, and United
States Taxes, that it had reduced a num
ber of refpeftable tradesmen (having large
familys) from hand to mouth, and added
from appearances who knows where it may
end. This was confirmed by a Quaker
from Wrightlborough, who had brought
in a waggon load of provisions for sale.
The next that attracted my notice, were
the numerous set of female Negroes, go
ing about the ftrects, with baskets, having
trifling articles for sale, as many of them
being young, healthy, and more fitting for
the field or Cotton Ginn. I was really
furprized to fee the Racks along Broad-
Street, crouded with that motley crew. I
mentioned this likewise to my landlord,
who :n reply said it was one of the greatest
grievances of your city, and added that
since Negroes were allowed to hire Negroes ,
and Negroes allowed to hire themselves from
their Masters and Miftrefles, that it was the
next thing to an impossibility to get one at
almost any price, to hire, and the extrava
gant wages they paid their Masters and
Miftrefles he said furprized him, and you
know Meflrs. Printers, fomeperfon or per
sons, must be fufferers by those black con
i tributions. Now Meflrs. Printers, I wifli
i not to diftate to the Intendant or Aider
men of your city, but I think those evils
f may greater part be remedied. Inthefirft
place, let an ordinance be pafled bv them
i that no huxter, or foreftaller, be allowed to
■ purchase any lpecies of provisions at your
market place, (to fell again) before the
hours of eight o’clock of the morning in
, the summer feaibn, and nine o’clock of the
. fame in the winter season, under the pen
s alt y of forfeiting the purchase made, and a
, heavy fine. This to be particularly attend
t ed to by the Clerk of your Market.
That Constables be employed and paid
- !« r thesr Services out of your Corporation
Tax, to pat role the streets of vour city on
t Sundays, in order to disperse disorderly
. perions, and hinder the Negroes from their
r ,n€etin gs among the dramthops.
t That no Negro be allowed to fell anv
t ar * :c ; s about vour streets, without having
I a badge, 2nd those granted only to aged
’ * A h,!f as jutjv.c* Rum or Hollas* Gin.
Negroes, and a consideration paid for the
fame, which will bring in a revenue f or
the use of your city.—That those perso ns
who fhaii presume to keep their fliops o p.
en on Sundays, be heavily fined, this the
Marshal, as he is in the city’s pay, ought
to be ordered to be particular in.
That the Merchants instead of fending
their apprentices to purchase at the Mark
et place, ought to go themselves, or lav
them under injunctions, in regard to the
prices ofprovilions. —rThat thole old hands
be recommended, to do their drinking at
home and thereby not expose themselves
bv giving had examples to youth. When
this is done, I think the Intendant and Al
dermen will have fulfilled their duty, and
your city be relieved from a numerlefs sett
of grievances and will be entitled to the
rank among the happiest cities in the uni
verse.
Burke County , Sept. 5.
Mefirs. Printers,
PubUjh the Following.
TO the Volunteer Leather Bucket Co
mpany of Augulfa.—-This Company con
sists of big boned men, also young and
handsome, under forty-five years of age.—.
Now to the People—The firit quefttonis
to you, Artillery Volunteer Company
will you not help to flop the violence of
a fire ? Yes. Also you Light Troops of
the lame place ? Yes. By all that is good
and Honorable? Now to the un-uniform
ed Militia of the lame place ? Yes.
This Leather Bucket Volunteer Com
pany, Citizens is only idle and childilh :
It is a disgrace to Augusta, and a poor ex
cuse to screen big bone, and handsome
men from Militia duty. Fellow-citizens,
a friend to Liberty.
N. B. The following is the words of
command, for this noble company of
Leather Buckets.
To arms, to the right and dress ; atten
tion the whole—poil'e Leather Bucket;
half cock Leather do. take aim Leatherdo.
unload cartridge Leather do. as you were,
dress, the right about, march, difmifled
men, until the firft Saturday in all next
month.
The following is published by requejlfrom the
Augusta Chronicle,
PERUSING the piece signed A Friend »
to the State and Laws, I think the idea a
good one, for two rtafons-.“-Firft, that
it is the law,—Secondly, the northward
members, when diverted of all their ne
groes, will vote for their general emanci
pation.
A liiru to the members of Are ftatc le
gifiature, who have made it a business to
purchase negroes from out of the state,
contrary to the law, as well as the consti
tution, and of course their obligation:—
Stand firm for the future and support the
laws, and your solemn obligations which
you take both before men, and your great
master, God.
A NATIVE.
CONSTANCE, May 26.
Yesterday a bloody aftion was fought
between Frauenfeld and Winterthur. The
three imperial regiments of Gemmingen,
Kerpen and Kinfki dragoons, found them
feives suddenly attacked from two sides,
by a three times fu peri or number of French
troops, who ru(lied our of the forefts.—
But they fought with the utmost resolution
till other columns of gen. Hotez’s corps
came to their relief, Gen. Hotze himfelf
was present every where ; he galloped
about three hours on his English charger,
and the latter being ready to drop, he
mounted common horses, and thus hasten
ed from one regiment to another. All
the troops performed prodigies of valor,
and fought with the greatest fury. The
regiment of Kinlki lignalized itfelf in a
particular manner. Among the French
there were many Swiss, whom they forced
to go in' front. Yelterday cost a great
number of men on both sides. In the e
vening Hotze united himfelf with general
Nauenriorff.
VIENNA, June 12.
On the 4th, sth and 6th inftantthe arch
duke attacked the French in front oftiieir
Itrong intrenched camp in the van of Zu
rich. The combat was long, obstinate
and bloody ; and the particulars are given
at length by his royal highnets. On the
night of the sth, the archdnke intended
maxing an afiault on all their lines ; but
the French retreated in such haste as to
leave in their intrenchments 2; pieces of
cannon, three howitz. and 18 waggons,
n the morning the intrenchments and
were taken pofTeffion of. In the
latter 94 cannon were found. In the at
tacks general Hotze, Waliais, and Haddic,
were wounded. Our loss is very confid
enble; and our troops combatted with
luch fury, that after {forming the redoubts
tuey seized the French that defended them
by the hair, and difpatcheu them with the
but end of their firelocks. In the height
of the battle, none of the enemy’s officers
obtained quarters.