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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
July 27, 1731
Volume 03, Pages 250-251


North Carolina—ss.

A Council being Sum̄oned to be held at the Council Chamber in Edenton on the 26 Day of July Anno Dom 1731 there appearing but two members of Council His Excelly Declared he would attend the next day to see if any more members would appear and on the 27 day of July met

His Excelly George Burrington Esqr Gov
The Honble Jos Jenoure Esqr Member of his Majesties Council
The Honble Edmund Porter Esqr Member of his Majesties Council

His Excellency the Govr was pleased to declare that William Smith Esqr Chief Justice having withdrawn himself out of this Government without any due Notice given or leave obtained for the same & said place thereby being become Vacant there was an absolute Necessity for appointing a Chief Justice in his room which could not be done without a Council

And his Excelly having Sumoned the Council to meet yesterday there appeared only the two members before mentioned (this day present) the rest being out of the Government or at Cape Fear a great distance from this place where the Council and Courts are Held & this day being the day for the General Court to be begun and held for the said Province which must unavoidable fall and the Business of the Country delayed and great failure of Justice thereby unless the same was prevented by appointing a Chief Justice and assistant for which it was absolutely necessary to have a Council and his Excelly declare that there being such urgent necessity he should appoint members to supply the place of those out of the Country that there might be a fuller Board and thereupon His Excelly the Govr was pleased to nominate and appoint John Lovick Esqr to be a member of his Majestys Council for and within this province and his Excelly was also pleased to nominate and appoint Edmund Gale Esqr to be a member of His Majesties Council for and within this province and accordingly the said John Lovick and Edmond Gale Esqrs

-------------------- page 251 --------------------
appeared and took and subscribed the several oaths by Law appointed for Qualification of publick Officers as also the Oaths of a councellor & took their places at the Board accordingly

Then Present as before
The Honoble John Lovick Esqr Member of his Majesties Council
The Honoble Edmond Gale Esqr Member of his Majesties Council

His Excelly Informing this Board the Necessity of Imediately appointing a Chief Justice in the room of William Smith Esqr who had secretly left this Government And having the Concurrence of the Council therein His Excelly was pleased to nominate John Palin Esqr who was approved of by the Council Thereupon it is ordered that a Commission pass the seal Constituting and appointing the said John Palin Esqr Chief Justice of this Province till his Majesties pleasure be known therein His Excelly the Governr named George Martin Henry Bonner Isaac Hill and Thos Lovick Esqrs to be assistant Justices of the General Court of this Province who were appointed by the Council

Ordered that a Comission pass the seal Constituting and appointing George Martin Henry Bonner Isaac Hill & Thomas Lovick Esqrs assistant Justices of the General Court of this Province

Ordered that a General Comission of the Peace pass the seal Constituting and appointing the present members of his Majesties Council and the members of the Council for the time being Nathaniel Rice Esqr Secretary and the Secretary of the said Province for the time being John Montgomery Esqr Attorney General and the Attorney General of the said province for the time being the assistant Justices for the time being The Chairmen of Each and Every precinct Court within this Province for the time being Justices for the Concervation of the Peace within and Justices of the General Sessions of the Peace & General Goal Deliverye

By order
R M FORSTER Cler Cond