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=ther Person in the same manner they bal=
=lotted for the first- and not view the most highest
in votes elected- yet if it legally appears that
the Court have declared another elected, though
they have not proceeded in the regular matter,
I think it would be most eligible to Commis=
=sion him, and let a Judicial tribunal deter=
=mine whether he has been legally appointed.

The Laws of North Carolina require a sheriff
to have a free hold; our Constitution says
they County Courts shall elect Sheriffs to
serve two years, and they shall be commis=
=sioned by the Governor, but does not specify
their Qualifications - I therefore think we ought
to recur to the Laws of North Carolina for
them; which require a free hold-

I am sir
with sincere respect
Your Most Obt: St:

J. Whiteside

His Execly A. Roane