The History of the Lives and Bloody Exploits of the Most Noted Pirates; Their Trials and Executions / Including a Correct Account of the Late Piracies Committed in the West-Indies, and the Expedition of Commodore Porter; also, Those Committed on the Brig Mexican, Who Were Tried and Executed at Boston, in 1835

by Ezra Baldwin Strong

This execution seeming to impugn the maxims of the chiefs, Caraccioli made an harangue, in which he told them, “that there was no rule could be laid down which did not allow exceptions: that they were all sensible how tender the Commodore Monsieur Misson was in shedding blood; and that it was a tenet of his faith, that none had power over the life of another, but God alone who gave it; but notwithstanding, self-preservation sometimes made it absolutely necessary to take away the life of another, especially an avowed and obliged enemy, even in cold blood. As to the blood shed in a lawful war, in defence of that liberty they had generously asserted, it was needless to say any thing, but he thought it proper to lay before them reasons for the execution of the criminals, and the heinousness of their crimes. They had not only received their lives from the bounty of the Libertatians, but their liberty, and had every thing restored them which they laid claim to; consequently their ingratitude rose in proportion to the generous treatment they had met with: that indeed, both he and Capt. Misson would have passed by the perjury and ingratitude which they had been guilty of, with a corporeal punishment, which had not extended to the deprivation of life, but their gallant friend and companion, the English commander, Capt. Tew, used such cogent reasons for an exemplary punishment, to deter others from the like crimes, that they must have been enemies to their own preservation in not following his advice: that the lives of their whole body ought to be preferred to those of declared and perjured enemies, who would not cease to endeavour their ruin; and, as they were well acquainted with their settlement, might be fatal instruments of it, if they were again restored to that liberty which they had already abused: that he was obliged to do Capt. Tew the justice, to acknowledge he was inclined to the side of mercy, till he was thoroughly informed of the blackness of their ingratitude, and then he thought it would be cruelty to themselves to let those miscreants experience a second time their clemency. Thus an absolute necessity had obliged them to act contrary to their declared principles; though, to state the case rightly, these men, not the Libertarians, were the authors of their own deaths.” Here the assembly crying out, “their blood is on their own heads, they sought their deaths, and hanging is too good for them;” Caraccioli gave over, and every one returned satisfied to his private or the public affairs.

Some difference arising between Misson’s and Tew’s men, on a national quarrel, which the latter began, Capt. Tew proposed their deciding the quarrel by the sword; but Caraccioli was entirely against it, alleging, that such decision must necessarily be a damage to the public, since the brave men who fell, would be weakening of their colony. He therefore desired Capt. Tew to interpose the authority he had over his crew, and he and Misson would endeavour to bring their men to an amicable agreement; and for the future, as this accident proved the necessity, wholesome laws should be made, and a form of government entered upon. Both parties were therefore called, and Caraccioli showed them the necessity of their living in unity among themselves, who had the whole world for enemies; and as he had a persuasive and insinuating way of argument, with the assistance of Capt. Tew, this affair was ended to the satisfaction of both parties.

The next day the whole colony was assembled, and the three commanders proposed a form of government as necessary to their conservation; for where there was no coercive laws, the weakest would always be the sufferers, and every thing must tend to confusion: that men’s passions, blinding them to justice, and making them ever partial to themselves, they ought to submit the differences which might rise to calm and disinterested persons who could examine with temper, and determine according to reason and equity: that they looked 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 choose one to assist in 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 deemed his property, which no other should lay any claim to, if not alienated by a sale.

This 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 cheerfully, and finished it in about a fortnight; it being of framed timber, and they having among them a great number who understood the handling of an axe.

When this body of politicians met, Caraccioli opened the sessions with a handsome speech, showing the advantage flowing from order; and then spoke to the necessity of lodging a supreme power in the hands of one who should have that of rewarding brave and virtuous 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 be hereditary, but determine at the end of three years, when a new choice should be made by the state, or the old confirmed 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 approved nem. con. and Misson was chosen conservator, with power to create great officers, &c. and with the title of Supreme Excellence.

A law was then made for the meeting of the State once every year at least, but oftener, 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 session lasted ten days; and a great many wholesome laws were enacted, registered in the state book, and dispersed among the crews.

Capt. Tew, the conservator honoured with the title of Admiral, and Caraccioli was 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 enclose land for himself, or his neighbour who would hire his assistance.

Admiral Tew proposed building an arsenal, and augmenting their naval force. The first was agreed to be proposed 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.