Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 311 words

Tour Honor will permit me further to observe that this Tribe of Indians are the Kings natural born Subjects, and have a Right to be redressed by tJie Laws of the Land, and by the s&me Method of proceeding as any other of the Kings Subjects and that I may be guilty of Maintenance should I sustain the Suit of one Subject agaipst another, and that as a public Officer (if this is not a Governmental Affair as I conceive it is not) by maintaining the Cause of one Subject against another I am liable to very grievous Punishment, For by the first Rich. 2<i " It is " enacted that no Person whatsoever shall take or sustain any " Quarrel by maintenance in the Country or elsewhere on " grievous pain, that is to say the Kings Counsellors and great " Officers on a pain that shall be ordained by the King himself " by advice of the Lords of his Realm, and other officers of " the King on pain to lose their Offices and to be imprisoned " and ransomed and all other persons on pain of Imprisonment " and Ransom &c."

Upon the whole from the present View I have of the Indian Claim it appears to me to be very doubtfuU on their side but it is possible it may be cleared up by better Information I hope I shall be excused in giviiig my opinion that as they are poor, and cannot bear the Expence of a Law Suit, when by sufficient Information their Titles shall appear good, and it can be known in what Method they should proceed, they ought to make application to sue in Forma pauperis, when tliey will meet with the same Indulgenco as the rest of his Majesty's Subjects, and have an Attorney and Council appointed to prosecute for them.