Overview
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
Legal categories
Case record
Issues & holdings
De novo (judicial determination of historical status)
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.
De novo
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
Timeline
No timeline recorded.
Facts & evidence
Incident
Key facts
5 facts- Plaintiff's claim for $1,800 for livestock depredation was allowed by the Interior Department.
- Defendants moved to vacate the judgment, arguing the Mimbres Apaches were not in amity with the U.S. at the time of the incident.
- Evidence showed the Mimbres Apaches, led by Chief Loco, entered into a peace agreement with Lieutenant Chas. E. Drew on October 10, 1869.
- The Indians remained in a state of peace, awaiting promised supplies from the U.S. government, through the date of the incident.
- The term 'Apache' was determined to be a generic or racial name encompassing various independent bands or tribes.