Valencia v. United States

Indian Depredations 3829
Decided Court of Claims
Disposition
other
full scope
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Court
Court of Claims
Decided
Judge
Nott, J.
Posture
Judgment entered for plaintiff on January 4, 1893, for $1,800 based on an allowance by the Interior Department.
Defendants (2)
The United States and the Apache Indians
Mr. Lincoln B. Smith, Mr. Assistant Attorney-General Bowry
v.
Plaintiff (1)
Bernardo Valencia
Messrs. Bads Burnett and Bulloch

Overview

The motion to vacate the judgment is overruled, and the court orders an additional finding of fact to be certified to the Treasury Department identifying the Mimbres Apaches as the responsible party.

Case summary

Bernardo Valencia brought a claim for property loss against the United States and the Apache Indians. After the Interior Department allowed the claim, the government moved to vacate the judgment, contending the Mimbres Apaches were not in amity at the time of the 1870 depredation. The Court of Claims reviewed historical reports from Indian agents and military officers, concluding that the Mimbres Apaches had entered into a peace agreement in 1869 and remained in amity through the date of the incident. The court further held that the use of the generic term 'Apache' in the judgment was not a fatal error, but rather required a supplemental finding of fact to specify the responsible band.

Abstract

A claimant brought a property loss action against the United States and Apache Indians for a depredation incident. The government sought to vacate the allowed claim, arguing the responsible Apache band was not in amity at the time, but the court found historical evidence of a prior peace agreement maintaining their amity status. The court overruled the motion, deeming the generic use of "Apache" in the judgment non-fatal, and ordered a supplemental finding identifying the specific band for certification to the Treasury Department.

Procedural posture

Posture at trial
Judgment entered for plaintiff on January 4, 1893, for $1,800 based on an allowance by the Interior Department.
Posture on appeal
Motion by defendants to vacate and set aside the judgment.

Legal categories

Criminal

Case record

Full case name
Bernardo Valencia v. The United States and the Apache Indians
Docket number
Indian Depredations 3829
Court
Court of Claims
Decided
Opinion author
Nott, J.
Opinion type
published
Precedential status
precedential
Judges on panel
Nott

Issues & holdings

2
Issues raised
1
affirmed
1
modified
2
Holdings
Standard of review

De novo (judicial determination of historical status)

Disposition rationale

The court found that the Mimbres Apaches had entered into a peace agreement and were in a state of amity at the time of the incident.

Standard of review

De novo

Disposition rationale

The court held that the generic name was not a misjoinder but required clarification; the judgment stands with an additional finding of fact identifying the specific band.

Holdings of the court

Status of Indian amity
The Mimbres Apaches were in amity with the United States from October 10, 1869, until at least January 18, 1870.
The court relied on official reports from Indian agents and military officers indicating the Indians had ceased hostilities and were awaiting government fulfillment of peace terms.
non-binding
Naming of Indian defendants
Generic names like 'Apache' include all bands; failure to specify a band is not a misjoinder but a matter of indefiniteness.
Following the precedent of Graham (30 C. Cls. R., 318), the court determined that generic names are racial/generic and judgments can be made certain by supplemental findings.
non-binding

Timeline

No timeline recorded.

Facts & evidence

Incident

Date
Location
Near Fort Bayard, New Mexico

Key facts

5 facts
  1. Plaintiff's claim for $1,800 for livestock depredation was allowed by the Interior Department.
  2. Defendants moved to vacate the judgment, arguing the Mimbres Apaches were not in amity with the U.S. at the time of the incident.
  3. Evidence showed the Mimbres Apaches, led by Chief Loco, entered into a peace agreement with Lieutenant Chas. E. Drew on October 10, 1869.
  4. The Indians remained in a state of peace, awaiting promised supplies from the U.S. government, through the date of the incident.
  5. The term 'Apache' was determined to be a generic or racial name encompassing various independent bands or tribes.

Authorities

Cited authorities (1)

Graham, 30 C. Cls. R. 318
followedprecedent
Precedent regarding the generic nature of tribal names in Indian Depredation cases.
Index terms31
Summary terms
Legal mechanisms
Various actors
Legal concepts
Legal actions
Action type
other
Context
The court overruled the motion to vacate and ordered an additional finding of fact to clarify the judgment.
Scope
full
Geo locations
Search facets
Parties
Judges
Nott
Courts
Locations