The next Day the whole Colony was assembled, and the three Commanders propos’d a Form of Government, being taken up, as necessary to their Conservation; for where there were no coercive Laws, the weakest would always be the Sufferers, and every Thing must tend to Confusion: That Mens Passions blinding them to Justice, and making them ever partial to themselves, they ought to submit the Differences which might arise to calm and disinterested Persons, who could examine with Temper, and determine according to Reason and Equity: That they look’d upon a Democratical Form, where the People were themselves the Makers and Judges of their own Laws, the most agreeable; and therefore, desired they would divide themselves into Companies of ten Men, and every such Company chuse one to assist in the settling a Form of Government, and in making wholesome Laws for the Good of the whole: That the Treasure and Cattle they were Masters of should be equally divided, and such Lands as any particular Man would enclose, should, for the future, be deem’d his Property, which no other should lay any Claim to, if not alienated by a Sale.
The Proposal was received with Applause, and they decimated themselves that very Day, but put off the meeting of the States till a House was built, which they set about very chearfully, and finish’d in about a Fortnight; it being of framed Timber, and they having among them a great many who understood the handling an Ax.
When this Body of Politicians met, Caraccioli open’d the Sessions with a handsome Speech, shewing the Advantage flowing from Order; and then spoke to the Necessity of lodging a supream Power in the Hands of one, who should have that of rewarding brave and vertuous Actions, and of punishing the vicious, according to the Laws which the State should make; by which, he was to be guided. That such a Power however should not be for Life, nor hereditary, but determinate at the end of three Years, when a new Choice should be made by the State, or the Old confirm’d for three Years longer; by which means, the ablest Men would always be at the Head of Affairs, and their Power being of short Duration, none would dare to abuse it: That such a Chief should have the Title of Lord Conservator, and all the Ensigns of Royalty to attend him.
This was approv’d Nemine contradicente, and Misson was chose Conservator, with Power to create great Officers, &c. and with the Title of Supream Excellence.
Then a Law was made for the meeting of the State once every Year at least, but oftner, if the Conservator and his Council thought it necessary for the common Good to convene them; and that nothing of Moment should be undertaken without the Approbation of the State.
In a Word, their first Sessions lasted ten Days; and a great many wholesome Laws were enacted, register’d in the State-Book, printed and dispers’d (for they had some Printers and Letter Founders among them) and then the Conservator dissolved them.
Captain Tew, the Conservator, honoured with the Title of Admiral, and Caraccioli made Secretary of State; he chose a Council of the ablest among them, without Distinction of Nation or Colour; and the different Languages began to be incorporated, and one made out of the many: An equal Division was made of their Treasure and Cattle, and every one began either to inclose Land for himself or his Neighbour, who would hire his Assistance.
Admiral Tew propos’d the building an Arsenal, and augmenting their Naval Force; the first was agreed to be propos’d to the State at the next Convention, but the latter was thought unnecessary, till the Number of Inhabitants was augmented; for should they all be employed in the Sea Service, the Husbandry would be neglected, which would be of fatal Consequence to the growing Colony.
The Admiral then proposed the fetching in those Englishmen who had followed the Quarter Master; but the Council rejected this, alledging, that as they deserted their Captain, it was a Mark of a mutinous Temper, and they might infect others with a Spirit of Disorder; that however, they might have Notice given them of the Settlement, and if they made it their earnest Intreaty to be admitted, and would desert the Quarter-Master, it should be granted as a particular Favour done them, at the instance of the Admiral, and upon his engaging his Parole of Honour for their quiet Behaviour.
The Admiral then desired he might take a Cruize; that he hop’d to meet with some East-India Ships, and bring in some Voluntiers, for the Number of Subjects being the Riches of a Nation, he thought the Colony stood more in need of Men, than of any Thing else; that he would lie in the Way of the Cape, and did not question doing good Service; and as he went to the Northward, would call upon his own Men.