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.