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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.