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
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