Contzen v. United States

Appellant filed his petition in the Court of Claims, alleging that on October 20, 1861, a band of Apache Indians raided the settlement at San Xavier, near Tucson, Arizona territory, and stole from his ranch certain cows, horses, and mules of the value of $10,330; that these Indians were in amity and under treaty relations with the United States at that date; and 'that petitioner is a naturalized citizen of the United States, and has at all times borne true allegiance to the government of the United States,' etc.

The United States pleaded that the claimant was not a citizen of the United States at the date of the alleged depredation, and that the court was therefore without jurisdiction to hear and determine the cause.

The court adopted as its findings of fact the following agreed statement of facts:

'The claimant, Fritz Contzen, was born in Germany on the 27th day of February, 1831, and emigrated to Texas in July, 1845. He remained in Texas until the admission of the state into the Union, December 29, 1845.

'Since the admission of Texas the claimant has resided continuously in the United States, mostly in Arizona and some time in California. He visited Germany with his wife and child from 1873 to 1800, his home and furniture remaining all the time in this courtry. He was married in the United States. His residence was in Texas until he came to Arizona, in 1855, with Major Emory, on the boundary commission.

'In the year 1854 he went into court at San Antonio, Texas, and he was told that he being a resident of Texas when it became part of the United States, that made him a citizen of the United States, and he voted there. He never took any further steps about naturalization. There is no record of naturalization, from 1847 on, of anyone of the claimant's name, when such record should appear in the courts of San Antonio.

'That in October, 1861, the defendant Indians were in amity with the United States.'

Judgment was thereupon given sustaining defendants' plea to the jurisdiction, and dismissing the petition. 33 Ct. Cl. 475.

Messrs. A. B. Browne, Alexander Britton, J. W. Douglass, and Alexander Porter Morse submitted the case for appellant.

Assistant Attorney General Thompson for appellees.

Mr. Chief Justice Fuller delivered the opinion of the court: