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Memorandum by Edmund Porter concerning council procedures
Porter, Edmund, ca. 1685-1737
July 27, 1731
Volume 03, Pages 196-197

[B. P. R. O. North Carolina. Vol. 9. A. 22.]
Mr PORTER'S OPINION ABOUT THE APPOINTING OF ANY NEW COUNCILLOR BY THE GOVERNOR WHILST THERE ARE SEVEN MEMBERS OF COUNCIL IN THE
PROVINCE 27 JULY 1731.
[Recd with Mr Porter's Repn to the Board dated 19 Febry 173½.]

The Opinion of E. Porter in humble answer to His Excellency.

1st That upon the greatest Emergencys His Majesty hath not allowed a less number than three to make a Quorum in Council and there being

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but two present I conceive I cannot give an opinion as a member in Council tho (to oblige Your Excellency) I may as Member of Council.

2ndly A Member of Council is a Judicial Officer because as such he is also a Member of the Court of Chancery and therefore agreeable to his Maj Instruction ought to be chose by consent & advice of Council.

3rdly That there is at this present time seven Members of Council in this Province viz: Mr Secry Rice Mr Halton Mr Jenoure Mr Ashe, Mr Allen, Mr Harnett & myself which is the number limited by His Maj Royal Instruction until his pleasure be further known Wherefore these my several reasons why any persons cannot be chose or inducted at present a Member of Council I pray may be entred by the Depty Secry

Signed
E. PORTER

at the Council Board this 27th day of July 1731