Journal of the State Council, 1784-1789. 53

enable him to pay. The Board considering the indigent Circum-
stances of the said James Cole, do hereby Order and direct the said
five pounds to be remitted.

The Council adjourned 'till tomorrow morning 11 o'clock.

Wednesday 12th. October 1785

The Council met.

Present His Excellency William Paca. Esqr. Governor.
The Honorable C. Wallace, A. Paca, J. Davidson and J. H. Stone
Esquires.

[p 63] Commissions issued to William Robertson elected Sheriff
of Montgomery County and also to William Alien elected Sheriff of
Calvert County.

The Honorable Samuel T. Wright Esquire attended.

The Board took into Consideration the following Election and
Return of Sheriffs for St. Mary's County Vizt. "We the Subscribers
Justices of the Peace for St. Mary's County, having being Summon'd
by Samuel Abell Esqr. Sheriff to attend at the Gen'l. Election, to
keep the peace and Judge of the Election of Sheriffs and on the final
close of the Poll, having examin'd the Ballots, they appeared as
follows viz: for Robert Abell four hundred and ninety, for John
Cartwright four hundred and Eighty five, and for James Thompson
sixty one legal Ballots, But as it appears that neither Robert Abell
nor James Thompson have property sufficient to render them eligible
to the Office, according to the Form of Government, We do hereby
return John Cartwright, as duly elected he possessing every Qualifi-
cation required by the Constitution. Given under our hands this the
Sixth Day of October 1785.

Vernon Hebb
Will Kilgour"

Which Election and Return this Board adjudged to be unconstitu-
tional : because the Constitution and Form of Government require
for Special Reasons that two Persons be chosen, who are eligible
and duly qualified, and that the Governor Commission the One so
eligible and duly qualified who has the majority of Ballots Whereas
by the Justices' Return for the said County only one Person is re-
turned duly qualified the other Candidates mentioned in the return
being adjudged by the Justices to be disqualified And this Board are
of Opinion that agreeably to the Constitution the Justices have the
exclusive Right of deciding upon the Qualifications of the Candidates
for the Sheriffs Office. Whereupon it is Ordered that a New Writ
of Election issue for sheriffs for the said County. And a New Writ
issued accordingly.

The Council adjourned 'till tomorrow morning 11 o'clock.