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Minutes of the North Carolina Governor's Council
North Carolina. Council
January 17, 1732 - January 22, 1732
Volume 03, Pages 398-414

[From the MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.

North Carolina—ss.

At a Council held at the Council Chamber in Edenton the 17th day of January Anno Dom 173½

Present
His Excelly George Burrington Esqr Gov &c
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Cornelious Harnett Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble John Lovick Esqre Member of his Majesties Council
The Honoble John Bapt Ashe Esqre Member of his Majesties Council
The Honoble Edmd Gale Esqre Member of his Majesties Council

Mathew Rowan Esqr appointed by his Majesties Royal Instruction a member of Council within this Province appeared and took and subscribed the several oaths by Law appointed for Qualification of publick Officers as also the Oath of a Councellor and his place at the Board accordingly

Present
Mathew Rowan Esqr

His Excelly having laid before this Board a letter he lately Received from the Governor of South Carolina Dated 27th October last desiring that Commissioners might be appointed for speedy running out a line for Settling the Southern Bounds of this Government Pursuant to his Majesties Royall Instructions But his Excelly Having some time before made

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a proposals to the Rt Honobles the Lords Comissioners of Trade and Plantations on that head which he ordered to be read. This Board having duly Considered of the same are of oppinion that the said proposals made by his Excelly will be of service to his Majesty and save him a Very great Expence Wherefore it is the further Oppinion and Advice of this Board to his Excelly that he Deferr the appointing Comissioners to run the said line till such time as he shall know his Majestie's further pleasure therein

Then the Council adjourned till to morrow Morning at Eleven of the Clock


Teusday January the 18th

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Mathew Rowan Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble Cornelious Harnett Esqre Member of his Majesties Council
The Honoble John Bapt Ashe Esqre Member of his Majesties Council
The Honoble John Lovick Esqre Member of his Majesties Council
The Honoble Edmd Gale Esqre Member of his Majesties Council

Coll Edward Moseley Treasurer of Chowan precinct Mr Charles Denman Treasurer of Perquimons Precinct Mr Cullen Pollock Treasurer of the South Shore Mr Thomas Smith Treasurer of Hyde Precinct and Mr Simon Alderson Treasurer of Beaufort Precinct Exhibited to this Board (in obedience to an Order of Council Passed the 4th Day of November last) their accounts of all publick moneys in their Hands which is ordered to lye on the Table

Cornelius Harnett Esqr appeared here this day pursuant to an order of Council of the 4th of Novr last to answer the Complaint of Capt Tate an the said Tate appeared also and the said Harnett delivered to this board a paper which is as follows Vizt

Cornelious Harnett of North Carolina humbly sheweth that in obediance to the Order of Governor and Council passed Novr 4th 1731 Concerning a Complaint said to be made to Governor against him and another person by Capt Tate of Bristol he appeareth and for answer thereunto Saith

That he doth not understand that by the Laws of Great Brittain or this Province Complaints touching matters of Debt or Contract are to be heard or tryed before Governor & Council

That if the same were Cognizable by Govr and Council he would have Expected that the Governor would have proceeded thereon when he was last at Cape Fear River in the month of October (at which time he supposes the said Complaint must have been made) The Major Part of his Majesties Council being then at Cape Fear River and not have drawn the

-------------------- page 400 --------------------
said Pet by a writ of Supana under the penalty of one hundred pounds and the Debt by a Copy of the Order of Council only two hundred miles from the place of their residence in the Depth of Winter

If the Governor and Council shall be of Oppinion (as he thinks they will not) that they have power to hear such Complaint he then Offers herewith a Paper signed by the said Tate before substantial And Credible Witnesses wherein he Disclaims his having made any such Complaint to the Governor as seeking relief or justice at his hands or from him or that the said Tate ever asserted that he ye said Harnett and the other person owed him the sum of three Thousand pounds in which paper as the said Tate denys his ever having promoted any such suit or Complaint so he forbids any Prosecution of the same to which paper he the said Harnett Referrs himself

Prays that in as much as the said Cornelious Harnett hath been Slandered and under some Disrupute Concerning this matter by means of the said order of Council he humbly prays that this his said answer and the said paper signed by the said Tate may be entered for his justification

CORNELIUS HARNETT

And then the said Cornelius Harnett Delivered another paper signed by the said Tate Endorsed John Tate Retraxit which was in these words Vizt.


North Carolina.

I the subscribed John Tate do hereby Solemnly declare before the persons who Subscribe as Witnesses here to that I never did Exhibitt or make any Complaint to his Excelly George Burrington Esqr Governor against Cornelius Harnett Esqr of his and another persons Owing the sum of three thousand pounds as Seeking relief at his hands or Justice from him it is true (at least I believe) that occasionally before before him as before others I may have alledged that the said Harnett and the Revd Doctr Richard Marsden had Injured me in not punctually Complying with their Contraction with me but I deny Ever to have Aserted that they owed me the Sum of £3000 for they never did owe me that sum and as I do hereby Deny my promoting any such suit or Complaint before the Govr and so I do as to my part forbid the prosecution of the same in Witness Whereof I have hereunto my hand this 24th of Novr Anno Dom 1731

JOHN TATE

Witnesses Johnathan Shrine John Cox Charles Burnham John Bapt Ashe Saml Swann

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Which papers being read the said Tate was Sworn and on his Examination declared that he was an Unfortunate man and lost his ship upon the Middle Grounds of Cape Fear River and that he sold and Delivered his Cargoe to Docter Marsden and Mr Harnett for the Value of £2793 who were to have given him their Bond or Security and that he was to have been Paid as soon as he could get Vessels to Carry of the Effects and that he had been a great sufferer as well as his owners and expected he should be turned out of his Employ and Ruined if he had not those Effects paid him and that he made this Complaint to his Excelly the Governor about the 2d of October last who told him that he had his remedy at Law against Docter Marsden and Harnett for those Effects

Robt Halton one of his Majesties Council being sworn and Examined Saith that Capt John Tate spoke to him and told him he Came to complain to his Excelly the Govr against Mr Harnett and Docter Marsden at the time mentioned in the said Tates Examination and that he accordingly introduced him to the Govr

ROBERT HALTON

Coll Maurice Moore being summoned to appear this day before the Board to give an account of the Lands he held or Claimed at Cape Fear now appeared and Declared that he held about 15000 acres in those parts but for greater Certianty reffered himself to the Grants or records in the Secretary office and at the same time offered to this Board a paper by way of Exception & representation on the affair but his Excelly Conceiving the same to be a very untrue representation the Said paper was laid on the table for further consideration

Adjourned till to morrow morning


Wednesday January the 19th 173½

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Mathew Rowan Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble Cornelius Harnett Esqre Member of his Majesties Council
The Honoble Jon Bapt Ashe Esqre Member of his Majesties Council
The Honoble John Lovick Edmd Gale Esqre Member of his Majesties Council

His Excelly delivered the following paper to the Board in relation to Mr Harnett affair Vizt Having perused the answer of Mr Harnett to the Complaint of Capt Tate now under Examination as well as the paper the said Tate signed before Substantial and Credible Witnesses (which I think since the Man appears was Needless to have been produced) and therefore I consented the same Should have been Withdrawn

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and the Mans Examination fairly taken but it being insisted on that the said paper Should lye as a Justification of the said Harnett I am oblidged to make some remarks upon that paper as Mr Harnett answer nether of which are writ with decency or truth as appears plainly by the Said Tates Examination now before us upon Oath

The foul manner of obtaining the paper is very Evident from what Tate swears Vizt that unless he signed it he should be kept out of his money A year longer and the absolutely Denys that he asserted he had not made a Complaint to me but now upon his Oath declares he did make such a complaint and told me he should be quite Ruined and udone if not Relieved and I cannot help Observing how Disingenerous it was in the Penner of the paper to make the man say he never aserted that the sum of £3000 was owing to him When Mr Harnett is not Charged with owing so much only near that sum and now the man tell you the Debt is £2793 and to what end that strong denyal was made the penman of the paper best knows I will make no other remark upon what the man swears of the unmannerly and slight speeches made by the pretending Gentlemen made upon my self and the Council only that I sure such misbehaviour will be no recommendation of those concerned

Mr Harnetts answer is Divided into four parts upon which I will remark as they lay before me first Mr Harnett says that he apprehends that the Govr and Council have not power to hear and try Matters of Debt or Contract which certianly true except as a Court of Chancery or by appear Nor was Mr Harnett called her for that end what Mr Harnett was called upon to answer was this Tate as you have now heard upon his oath made very Grevious Complaint against Mr Harnett which if true would greatly obstruct the trade of that young settlement which as I have Ever Done will allways continue to promote & Mr Harnett being a Member of his Majesties Council I thought as such it became me to Enquire in the truth of it in Order to have represented the Matter home and I shall always take the same Method when I think any of his Majesties Council Misbehave themselves being unwilling to lay Charge to the prejudice of any person liveing till I am Satisfied of the truth this as it acting with the greatest Tenderness mus have the Approbation of all men who are not wilfully set against every thing I do.

The 2d Article Says that if the Matter had been Cognizable before the Governor and Council he Expected to have been proceeded against at Cape Fear where I was and a Majority of his Majesty's Council at the same time

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To this I say that I did not receive the Complaint till Just as I was setting sail for these parts but if I had received it before I wonder with what Assurance Mr Harnett can assert that a Majority of his Majesties Council was then at Cape Fear when it is notoriously known there were at that time but four Member of which Mr Harnett was himself one tho had there really been a Majority there as is said I could not have proceeded by his Majesties Instructions upon this Enquiry till the whole council had been Sumoned which has now been done and the Council now attends where all other business is transacted And if the Governor and Council had been Impowered to try the Debt or Contract as susgested in the answer they must have been a Court of Record and form to have removed any Court of Record from Edenton the seat of this Government (would have been a great and heavy Oppression.

The 3d Article only recites what is said in Tates paper and the 4th is only to request that the paper & answer may be Entred which I allow & order these Remarks to be entred with them which will be a lasting Testimony of the Candor of the Gentlemen Concerned and of the assistance I receive from some member of his Majesties Council Then His Excelly desired that Capt Tate might be further Examined upon Oath how he Came to Sign that paper Endorsed his Retraxit put in yesterday by Mr Harnett and the said Tate being thereon sworn saith that Mr Ashe drew the first Draught of the paper put in at the Council Board yesterday by Mr Harnett which is signed by the said Tate and that the said Ashe declared that if he the said Tate did not Sign to an Instrument to stop the prosecution Mr Harnett not pay him in Twelve months and for fear he should not be paid his Debt he signed the said paper

Mr Porter late a Deputy surveyor at Cape Fear appeared at this Board pursuant to an Order of Council passed the 4th of Novr 1731 and his Excelly the Governor asking the said Porter whether upon the Surveys he made he runn all the the lines according to his returns made in the Secretary Office when he was Deputy Surveyor the said Porter answered he did not

The Said Porter being further Sumoned to appear this day to give an account of the Lands he holds or Claims at Cape Fear appeared and declared he Could not Certainly tell what Quantity but that he believed they were all Recorded in the Secretary Office if they were not he would cause them to be recorded soon

John Baptista Ashe Esqr Treasurer of the New Settlements of Cape Fear in Obediance to an Order of Council passed the 4th of November last appeared at this Board and Exhibited his Accot of publick Moneys

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in his hand which is ordered to lye on ye Table The said John Bapt Ashe Esqr one of the late Deputy Surveyors at Cape Fear now appeared and gave in a paper which was laid on the Table for further Consideration.

The Question being put by the Governor whether the Complaint against Edmond Porter Esqr Judge of the Court of Vice Admilty should be called and heard to morrow Morning altho he be absent or put off till a further Day It was the oppinion of the Councill that the matter be Called and heard to Morrow Morning Adjourned till to Morrow Morning 9 of the Clock


Thursday January the 20th 173½

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Mathew Rowan Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble Cornelius Harnett Esqre Member of his Majesties Council
The Honoble John Bapt Ashe Esqre Member of his Majesties Council
The Honoble John Lovick Esqre Member of his Majesties Council
The Honoble Edmd Gale Esqre Member of his Majesties Council

Coll Thomas Pollock Treasurer of Bertie precinct in Obediance to an order passed at this Board the 4th Day of November last appeared this Day and Exhibited his accots of publick Moneys in his Hands which was ordered to lye on the Table

Read the petition of Thomas Pollock Esqr Shewing that at a very great Charge having Obtained pattents for some Lands lying between Roquiss Swamp and Marattoke River in Bertie precinct said to be claimed by Tuskaroroe Indians for which Reason your petitioners has hitherto forborn to settle the said Lands tho he is altogether unknown in the right the said Indians have to these Lands but not knowing how much he may be injured by not settling the same according to the Tenour of his pattents praying an order for settling the said Lands or otherwise that a minnute may be made in Council for him that the Lands may not be Lapsable Neither be charged with any Rents till Such time as the Indians shall remove or quit their pretended Claims.

This Board is of Oppinion they cannot give up his Majesties Quit rents to any pattented Lands but if the said Lands lye within the Bounds Claimed by the Indians they are of Oppinion that the said lands Ought not to be Elapsed till such time as the Said petitioner is allowed quietly to possess the same.

Ordered that no lapse pattents do issue for the Lands Set forth in Said petition.

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Mr Charles Harris one of the Late Deputy Surveyors at Cape Fear being sumoned to appear at this board to give an Accot of the practice & manner of this Surveys lately made at Cape Fear being Sumoned to appear at this board to give an Accot of the practice and manner of the Surveys lately made at Cape Fear did not appear having writ to the Governor and Council a Letter of Excuse the same was laid upon the Table for further Consideration.

Read the petition of Mathew Machard against Isaac Ottiwell Collector of his Majesties Customs of port Bath which being Sworn to the Same is ordered to lye on the Table for further Consideration thereon

Present

Edmond Porter Esqr one of his Majesties Honoble Council Edmond Porter Esqr Judge of the Court of Vice Admiralty Appeared and Delivered in at the Board a paper which he desired to be Entered which are in the words Vizt

To His Excelly George Burrington Esqr Govr Vice Admiral &c

Sir

I was in hopes to have returned timely from Cape Fear to put in my answer to the Complaints of Mr Little against me but in my return have been frozen up in Shallop at three several places which I am able to prove being but lately arrived for which reason I hope your Excelly will be so good as to grant me a reasonable time to put in my answer to the said Complaints they being of an Extraordinary Nature the granting this favour will be an Obligation on

Sr Your Most Obedient Sert
E. PORTER

Edenton January 20th 1731

Edmond Porter Esqr being present His Excelly the Governor directed the Complaint filed by Mr Little & others against the said Edmond Porter Judge of the Court of Vice Admiralty to be read which was accordingly done and then the Complaints proceeded on the first article of the Charge and a Copy of the Registry of the Court of Admiralty together with the Records of the General Court which were Read and the Oath of James Trotter taken

His Excelly the Governor thereupon desired the Oppinion of the Council whether the Complainants had made good the first Article of their Charge or Complaint against the said Porter who was of Oppinion that the Complainants had fully made good and proved the first Article in the Said Complt the article being Read and a Copy of the Registry

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of the Court of Admiralty Sworn to by the present Register as also the records of the General Court on that affair and the oath of Mr John Leahy Deputy Register of the Court of Vice Admiralty at the time of the tryal mentioned in the second Article Thereupon the Governor Desired the oppinion of this Board whether the Complainants had made good their Second Article of Complaint who were of the Oppinion that the Complainants had made good and fully proved the second article of their Complaint

3d Article being read together with a Copy of the Registry of the Court of Admiralty sworn to by the present Register & Mr Leahy on his oath who was Deputy Register of the Court of Vice Admiralty at the time mentioned in the third article Thereupon the Governor desired the Oppinion of the Council whether the Complainants have made good and fully proved the third Article of their Complaint Oppinion the Complainants had fully proved and made good the Said Article

4th Article being read together with a Copy of the Registry of the Court of Admiralty sworn to by the present Register and the records of the General Court Concerning the same desired the Oppinion of the Board whether the Complainants had made out the fouth Article who were of Oppinion the Complainant had fully proved and made good the said article

5th Article was read and the Complainants declaring they had no Records to produce to make out this article and thereupon the present Register of the Court of Vice Admiralty being asked on his oath whither there is any Register of that Suit in the Office declared there was none delivered to him then the Complainant produced Mr John Leahy who at the time mentioned was Deputy register of the Court of Vice Admiralty who having heard the fifth article read declared it was true with this addition that he drew the Indenture and he believes Mr Porter had £30 . . . . . . . . . or there abouts for the sale of the said Edward Moor and that he the said Leahy forgave Moor his own fees And Mr William Macky being Sworn Said that he heard Mr Rowelen Dec̄ed who bought the said Moor & Moor himself declare the same and that he knows the said Moor served his time out Thereupon the Council were of Oppinion the fifth article was fully proved

6th Article being read together with a Copy of the Registry produced by Richard Rustull Esqr the Register of the Court of Admiralty upon oath and the Complainant desireing Mr James Winright (who was sworn) might declare whether Judge Porter did not know of the Seizures & proceedings Mentioned in the said Pomplt before they went upon them

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answered that he the said Porter did know and sent a Deputation by him to Docter Patrick Maule to act as Deputy Judge in that affair and being asked if any part of the fees came into Judge Porters Hands answered that he understood that the Deputy Judge & all the Officers paid him one half of their fees Richard Rustell Esqr late Regester of the said Court being Sworn and Asked whether any part of the Fees Came into Judge Porters hands answered that he paid to Judge Maule for the use of Judge Porter one half of all the Fees accruing to him as Regester on the Seizure & Tryal of the three Sloops and that he believes the Deputy Judge and Marshall likewise paid the Same Thereupon it was the Oppinion of the Council that the Sixth article was fully proved and made good

7th Article the Evidence being gone the Complainant failed in their proof

8th Article being read together with Copy of the Registry produced as also the records of the General Court the Question being put it was voted by the Council the Same was fully proved

9th Article being read the Complainants produced their proof it was the Opinion of Board that the Said article was fully made out and proved

10th Article Read and the Registry produced and the Evidence of Mr Leahy the Late Deputy Register and others heard there upon Oath the Council were of Oppinion the Articles the Complainants had fully made good and proved

11th Article and the several Complaints mentioned therein read aud Mr Osheal being sworn saith That after he was discharged from paying the Fine and that the Marshall of the admiralty had obstructed the Deputy Marshal from serving the Habeas Corpus he was again taken into custody for the very same thing he obtained his Majesties writ of Habeas Corpus for and held to £800 Bail and the Registry being produced and the Complainants heard on the several articles of this Complaint It was the oppinion of this Board the same were fully proved

12th Article Read and on hearing the Complainants thereon the Council were of oppinion the same was fully proved

13th Article Read and the Complainants Evidences heard thereon the Council were of Oppinion the same was fully proved and made good

Upon the several Articles of Complaint aforesaid Exhibted against Edmond Porter Esqr Judge of the Court of vice admiralty Mr Ashe refused to vote or give his oppinion but all other members of the Council present were unanimously of oppinion that all the several Articles of

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the Complaint were fully proved by the Complainant Except the 7th article wherein the Complainants alledge their witness to be gone and in the Eight article Mr Rowan doubted whether the same was fully proved

Edmond Porter Esqr being present and hear the first article Read & pleaded to it but then withdrew and afterwards Came in again several times during the hearing and behaved himself in a very Insolent manner to the Governor and Came in and went out of the Council Chamber several times and walkt and stood before the Door with his hatt on while this Examination was taken

Mr Ashe produced the following paper as his Reasons whi he refused to vote praying the same may be Entred which was allowed by the Governor and is as follows

Upon the several articles of Complaint Exhibited against Edmond Porter Esqr Judge of the Court of Vice Admiralty the said Porter not withdrawing which Mr Ashe not appearing to answer the Charge the said Ashe gave it as his Oppinion that the Council Could not proceed to Examine the Evidences because it would be Exparte as it were but ought rather if he were guilty of a Contempt or made default to take the fact proconfesso and this he gave as his Reason why he could not proceed to give Oppinion to the Question on each Article as it was put Vizt Whether the Fact were fully proved or not

His Excelly the Governor after the Complainants had gone through with their proofs and made good their Charge against the said Mr Porter Caused his Majesties 49th and 55th Instruction to be Read Thereupon His Excelly Asked the Opinion of the Board whether the said Porter ought not to be suspended from his Office as Judge of the Court Vice Admiralty within this Province and thereupon it was the unanimous opinion and Advice of the Council that ye said Edmond Porter Esqr Judge of the Court of Vice Admiralty ought to be Suspended from the sd office

The Governor thereupon having the unanimous Opinion of his Majesties Council and having heard the several Facts wherewith the said Porter was Charged made good and fully proved

His Excelly thereupon by and with the advice and consent of the Council did sespend the said Edmond Porter Esqr from acting as Judge of the Court of Vice Amiralty within this Province untill his Majesty or the Lords of Admiralty their pleasure be known thereon

His Excelly the Governor further asked the advice and Oppinion of the Council Whether so bad a man as Mr Porter was proved to be should

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be continued a member of Council within this province. Thereupon the Council were Unanimously of opinion that the said Edmond Porter was not fit to sit at this Board The Governor thereupon Gave Mr Porter time to the Last Tuesday in March next to Shew reason why he ought not to be suspended from the Council But at the Instance of Mr Porter it is ordered that the same be heard to morrow at four of the Clock in the afternoon the said Porter desiring His Excelly to give him this Night the Articles he should proceed upon therein which the Governor promised to do


Fryday January 21st 173½

Present
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble Mathew Rowan Esqre Member of his Majesties Council
The Honoble Cornelious Harnett Esqre Member of his Majesties Council
The Honoble John Bapt Ashe
The Honoble John Lovick Esqre Member of his Majesties Council
The Honoble Edmd Gale Esqre Member of his Majesties Council

His Excelly the Governor having last night filed in the Secretaries Office the Several articles against Edmd Porter Esqr as Reasons for suspending him from this Board the same were now read in the words Vizt


Thursday Eleven a Clock at night

I complain against Mr Porter as a Member of Council

First. Because he has made it his whole Endeavour ever since my arrival to perplex and obstruct all proceeding in Council by Raising unnecessary disputes and Cavils

2dly. That when his Oppinion has been asked upon affairs of the Greatest Consequence wherein the Peace and Quiet of this Province has Depended he hath asserted direct falsehoods with an Intention to Embarras and Perplex the Administration

3dly. He hath behaved at the Council Board with So much Insolence to me that the Council have taken notice of his Rude behaviour in their Minutes and have Entered it as their Opinion that he is too bad a man to sit at the Council Board

4thly. That the Council upon a very full Examination of his Vile behaviour as Judge of the Court of Admiralty given their oppinion that he deserve a Sespension from that Office and he being suspended accordingly I think it cannot be proper to Continue him a Member of Council when as such he must sit as a Judge in the Court of Chancery for this Province

-------------------- page 410 --------------------

5thly. That he being a Person of very Ill Fame and Character and now under many prosecutions & Indictments not only for his barbarous proceedings as a Judge but for Tumults Riots and other disorders I think it would be a Reflection on his Majesties Council here to have such a Profligate Person sit with them and therefore ask the opinion and advice of this Board whether the said Edmond Porter ought not to be Suspended from being a Member of his Majesties Council for North Carolina.

There upon the said Edmond Porter gave in his answer to the same which was read in these words Vizt.


North Carolina.

Fryday following Thursday Elven a Clock at Night

The answer of Edmond Porter to the Complt of His Excelly George

Burrington Esqr Govr &c

His Excelly exhibiting a Charge against me Setting me forth a very heanous person and yet alleadging no particular fact Urged me (that I might acquit myself and Convince the world that I merited not such Titles as in the said Charge are given me) to an immediate answer which I shall make in as few words as I can hoping no advantage will be taken of any slips which may happen to a thing so hastily Concieved and delivered

1st As to the first Charge I observe it is so General no particular Fact being alleadged against me that I know not how to answer to it otherwise than that it will serve to be applyed to any of the Council who Differing from the Governor in Oppinion shall Raise disputes thereon

2d As to the second I observe that the Generalty of of the Charge admits no answer

3d As to the third Charge I observe that it is also very General saving as to the Notice the Council have taken of my behaviour and the Oppinion they have already before my Charge Exhibited against me delivered thereon Entred in a Council which plainly shews that they Vizt such of the Council as have so done have Prejudise me how far this Conduces to their Qualification of being my Judges in the present cases I shall leave to others to Judge

4thly I must patiently bear the harsh Terms the Governor is pleased to bestow on me in this Article and to the proceedings of the Governor in my case as Judge of the Admiralty and the Oppinion of the Council as to my Meriting a Suspension from that office I shall only say that I thought it hard Considering how unavoidably I was delayed from appearing

-------------------- page 411 --------------------
(being frozen up with my vessell far from Edenton and not posible to come to it any otherwise than by water which detained me till Wednesday last in the afternoon from my plantation) that I should so immediately on my very first appearance be pressed to a hearing and that after Examination of the Evidence of the Complainants against me I was not allowed time to produce those in my defence this I expected because as I moved last night I remembered well it was the method observed in the Complaints between Sir Richard Everard and Mr Lovick against each other but this I shall take more particular notice of at another time and place. As to the reason given by His Excelly that because I am suspended as a Judge of the Admiralty it is not therefore proper I should be continued a member of Council I beg leave to observe that supposed I was fully convinced of the Charges against me as Judge yet these facts were all done before my being in the Council I would therefore beg leave to make this Query Whether after I am nominated by his Majesty of his Council in this province and Qualified according to the Law Facts done before no wise respecting that office may be Exhibited against me and allowed a Sufficient Reason for turning or throwing me out of the Council And if the Governor and Council Shall be of that Oppinion I hope it may a standing Rule and that others be also Examined as to past actions of their Life before their being in Council as well as me

5thly As to the fifth Article I must observe as before as to the Generalty of the Charge and the Language bestowed on me (as yet I hope one of his Majesties Council by his Excelly in the present case my Judge at least one of my Judges as to the prosecutions Indictments and so forth against me I beg leave to say that others have been Indicted before me and that every accused is not to be concluded Guilty and therefore this is no Reason for Suspension or for throwing on me such hard names if it were it would be an Easy matter to make the most Innocent person deserve it and to have bestowed on him the Titles of ill Fame and Character and a Profligate Person

To conclude as your Excelly hath been pleased to suspend me as Judge of Vice Admiralty I think it a most insurportable Grieviance that after I put in my first paper yesterday prayed reasonable time to make answer to the Complaints of Mr Little your Excelly not only overuled the same but my second paper produced on the Board your Excelly in great heat threw it into the fire tho I told you it related to my defence.

Delivered at the Council Board this 21st day of January 1731 humbly praying that this my answer may be Entred in the Council Book

Signed
E PORTER
-------------------- page 412 --------------------

The Several Articles Exhibited by His Excelly as a Charge against Edmond Porter Esqr was again Read and the two first article pospon'd and on Reading the 3d Article and Mr Porter answer thereto the Question was put whether Mr Porter had not behaved in a very Insolent manner to his Excelly the Governor several times and more particularly yesterday at the Council Board The Council gave their Opinion that had behaved very Insolently to the Governor and Especially yesterday while sitting in Council

Then the 4th Article was read and Mr Porters answer thereto Thereupon the Governor asked the Opinion of the Council that as they had yesterday Unanimously consented to the suspending the said Porter from being Judge of the Admiralty for his Manifest Injustice and scandalous oppressions Wither for the same Reasons he ought not to be suspended from being a member of Council being as such one of the Judges of the Court of Chancery and the Council were of opinion that he ought also to be suspended from being a member of the Council

5th Article Read and Mr Porters answer thereto upon the Governor desired the opinion of the Whether so ill Fame and Character as Mr Porter is from his barbarous proceedings as Judge would not be a reflection on his Majesties Council here to sit at this Board and Whether the sd Ed Porter ought not to be Suspended from being a member of his Majesties Council for North Carolina for this Reason also the Council thereon were of opinion that it would be for His Majesties Service that he Should be suspended from being a member of his Majesties Council

The Governor having proceeded on the 3d 4th & 5th Articles in the Charge against Mr Porter and having the councils opinion waved the Article of Mr Alleyns being in or out of the Government he again desired the Opinion of the Board whether on the Whole the said Porter should be suspended from being a member of his Majesties Council or not which being put to the Vote the same past in the affirmative and the Council accordingly did advise and consent that the said Edmond Porter Should be suspended from being a member of his Majesties Council.

Thereupon his Excelly the Governor by and with the advice of His Majesties Council Declared that the said Edmond Porter Esqr to be and stand suspended from being a member of His Majesties Council of this Province till his Majesties pleasure be known therein and he is hereby suspended accordingly

His Excelly orderers the latter Part of Mr Porters answers to the Governors Charge to be Read which was done and then desired Gents of the Council to relate the truth of that affair who thereupon wrote and signed a paper in the words following Vizt

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Mr Porter Came into Council yesterday and gave the Governor an Open Letter which he begged he would Read for he had left it behind to be Delivered in Case he should not have been there upon which the Governor Declared he would Recieve no Letter from Mr Porter and then took it up and threw it into the fire and as we think as the Letter was upon the toss Mr Porter called out it related to the affair and then afterwards with heat Just at the Council house door said that it was his Defence and that he had a Copy to shew of it which paper was signed by

JOSEPH JENOURE
ROBERT HALTON
MATHEW ROWAN
CORNs HARNETT
EDMd GALE
JOHN LOVICK &
JOHN BAPt ASHE

who before he signed entred the following Vizt

Excepting as not hearing the following words and then afterward and following the End of the above writing and adding as hearing moreover the Governor say he would burn them if they were a Bushell of them for he would recieve no Letter from him

By order
RBT FORSTER Clerk Conc


North Carolina—ss.

At a Council held at the Council Chamber in Edenton the 22d day of January Anno Domini 173½

Present
His Excelly George Burrington Esqr &c
The Honoble Joseph Jenoure Esqre Member of his Majesties Council
The Honoble Matthew Rowan Esqre Member of his Majesties Council
The Honoble Robert Halton Esqre Member of his Majesties Council
The Honoble Corns Harnett Esqre Member of his Majesties Council
The Honoble Jon Bapt Ashe Esqre Member of his Majesties Council
The Honoble John Lovick Esqre Member of his Majesties Council
The Honoble Edmd Gale Esqre Member of his Majesties Council

His Excelly the Govr by and with the advise and Consent of his Majesties Council having Suspended Edmond Porter Esqr Comissioned from the Right Honoble the Lords of Admiralty for several Notorious Crimes fully proved against the said Porter as a Judge His Excelly thereupon desires the Council to Recomend a proper person to act as Judge of the Court of Vice Admiralty within this Province till His Majesty or the Rt Honobles the Lords of Admiralty their Pleasure be further known And they accordingly Recomended Edmund Gale Esqr

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His Excelly thereupon with the advice and consent of His Majesties Council Doth Constitute and appoint Edmund Gale Judge of the Court of Vice Admiralty for and within this Province till his Majesty of the Right Honoble the Lords of Admiralty their Pleasure be further Known.

Ordered that a Comission pass the seal Constituting and appointing Edmund Gale Esqr Judge of the Court of Vice Admiralty within this Province till His Majesty or the Right Honoble the Lords of Admiralty their pleasure be further known.

Resolved that a Comission issue directed to Mr Coll Robert West Mr Francis Pugh Mr Thomas Bryant Mr John Spier and Mr Thomas Hearney appointing Comissioners for the Indian Trade for and within this Province

Ordered that the Marshall have Notice to Summon each Member of his Majesties Council within this Province to attend His Excelly in Council at the Council Chamber in Edenton the last Tuesday in March next

By order
ROBt FORSTER Cler Conc

George R

Trusty and well beloved We Greet you well Whereas we have taken into Our Royal Consideration the Loyalty Integerity and ability of our Trusty and well beloved Nathaniel Rice Esqr We have thought fit hereby to authorize and Require you forthwith to cause Letters Pattents to be passed under Our Seal of that Our Province of North Carolina for Constituting and appointing him the said Nathaniel Rice Secretary and Clerk of the Crown of & in our said Province To have hold Execute and Enjoy the sd Offices during our Pleasure and his Residence within our said Province together with all and singular the Rights salaries Fees Profits Privilidges and Emoluments thereunto belonging or appertaining And for so doing this shall be your Warrant And so we bid you farewell Given at our Court at St James's the Thirtyeth day of November 1730 In the fourth year of Our Reign

By His Majesties Command
ROBERT NEWCASTLE

To Our Trusty and well beloved George Burrington Esqr our Capt General and Governor in Chief of our Province of North Carolina in America. And in His absence to our Comander in Chief or to the President of our Council of our said Province for the time being