Montoya v. United States

Background

Claimants sought compensation under an 1891 law for property taken or destroyed by Indians. The Court reviewed a finding that the property was taken during raids carried out by “Victoria’s band,” a group of Apache warriors who broke away, roamed New Mexico and Arizona from about 1876 to 1880, and committed repeated depredations against settlers and the military. Some raiders had formerly belonged to the Mescalero tribe, which itself lived at peace on a reservation but whose members joined Victoria’s band.

Reasoning

The Court explained the law draws a difference between isolated marauders and an organized band that acts independently and wages hostilities. If raiders are part of an independent band engaged in general hostility against the United States or settlers, their acts are treated like war and are not the kind of depredations the 1891 act was intended to cover. The Court described how “tribe” and “band” differ, noted military campaigns against Victoria’s band, and relied on findings that Victoria’s band was a distinct, hostile body not in amity with the United States. Because the band was an independent fighting force, the Court found the United States not liable and affirmed the Court of Claims’ judgment.

Real world impact

The decision limits recovery under the 1891 statute when attacking groups form separate, organized hostile bands. It also explains that tribes living at peace are not automatically liable for members who leave and join independent raiding bands. The military response to such bands can support treating their acts as war rather than compensable depredations.