That worthy was about moving towards Ichabod, when his course was at once arrested. The Indians, evidently, did not understand the value of the proceeding, except that they were in danger of losing their victim if this movement was not prevented. At a gesture from Panther, the intruders were surrounded.
"The pale-face is our prisoner," said he. "We do not understand what you wish. Our young men are trying to see how brave he is, and we cannot let him go."
"You don't mean to say," exclaimed Rogers, "that you are going to prevent this arrest! I'd like to see you do that! Stand back there," shouted he, waving his arm towards the Senecas in his front. But this gesture had only the effect of narrowing the circle within which to stood.
"Gentlemen," said Bagsley, "you are probably entirely unacquainted with that beautiful system of jurisprudence which has been embellished by the writings of Coke, and adorned by the lives of Hale, Holt and Mansfield. You are probably, also, unacquainted with a statute recently enacted by the Honorable, the Legislature of the State, of New York. You cannot be aware that, by interfering with our proceedings, which are perfectly regular—I give you my word and honor, as an attorney—you are subjecting yourselves to fine and imprisonment."
"We know no law, except Injin law," said Panther, "and we are trying to do our duty, as we understand it. We do not know pale-face law and we do not want to know it."
"I must confess," answered Bagsley, "that I am not very well acquainted with the Indian system of jurisprudence. It is, I presume, an unwritten system—leges non scriptæ—and, as such, I have great respect for it; it is undoubtedly an admirable system; but it is not the system to which I allude. You are, gentlemen, in the county of Tryon, under the jurisdiction of the State of New York, and amenable to its laws. I really hope, gentlemen, that you perceive the point in the case, and will retire, and leave us to the discharge of our duty. It will be extremely unpleasant for us to be called upon to exercise the authority with which we are clothed, and I really hope there will be no occasion for it."
And he and Rogers again attempted to move forward; but the Senecas pressed still closer; and they now found themselves completely hemmed in, and unable to move in either direction. Ichabod, who had seen and understood the whole proceeding now exclaimed—
"If I've got any friend among you Senecas, here, I hope you'll finish this business as soon as practicable. A blow of a tomahawk will be thankfully received; or if you've got up this matter to try a new system of tortur' on me, I'll acknowledge myself a squaw at once, if that'll be any pleasure to you. I can't stand out agin this kind of horrors, any way."
Rogers, who now found he would not be suffered to proceed in the making of the arrest, by the actual touching of the person of Ichabod, cried out—
"Ichabod Jenkins, I arrest you by virtue of ——" but his voice was drowned in the yells of the Senecas; and the two intruders were immediately seized and bound.