At a Council held at New Bern 19th March 1774
His Excellency the Governor.
The Governor having found that a Bill for establishing Superior Courts, containing Provisions contrary to His Majesty's Royal Instructions communicated to this Board had passed the two Houses of Assembly and expecting the House of Assembly forthwith to present the same desired the advice of this Board as a Privy Council whether it ought to pass the said Bill or not. Then Mr Rutherford, Mr DeRosset, Mr Dry and Mr Cornell desired the Governor to pass it. Mr Hasell, Mr McCulloch, Mr Strudwick and Mr Chief Justice advised not to give his assent thereto.
The Governor thereupon desired that the Members of this Board who advised the passing of the above mentioned Bill furnish him with their reasons for so doing separately in writing which they promised to do.