Rufus Wheeler Peckham

“ Considering the prior legislation of Congress in regard to claims for Indian depredations, none of which recognized any liability of the nature of the claim now made, is it reasonably possible for us to say that Congress intended by the act of 1891 to incras e the liability of the government, and to extend it to property destroyed within the limits and jurisdiction of a foreign state, when it has failed to use any language to plainly signify so extraordinary a departure from its past policy? ”

“ If citizens of the United States resort to Mexico, they may expect, and their government may demand for them, equality of safety and protection with the citizens of that country, an unbiased administration of the laws in relation to them and their property, and any special advantages (if such there happen to be) expressly reserved by treaty. ”

“ Upon proof of the existence of certain facts the United States, however, at an early day, admitted an exceptional liability in favor of its citizens whose property within the United States had been destroyed by friendly Indians. By chapter 30 of the act of 1796 (1 Stat. at L. 469, chap. 30) , provision was made for a boundary line to be established between the United States and various Indian tribes, which was to be clearly ascertained and distinctly marked ”