Rufus Wheeler Peckham

“ Unless it can be asserted that it is impossible to make out a cause of action for such destruction of property by the class of Indians mentioned in the first section, without identifying such class as mentioned in the fifth section, we can see no objection to a recovery against the United States alone in this case. We do not think that it is impossible to prove facts of the nature set forth in the first section, although they may have occurred under such circumstances as to prevent identification of the particular tribe or band of Indians committing the illegal act. ”

“ Under that act jurisdiction is conferred upon on the court of claims to inquire into and finally adjudicate, in the manner provided in the act, first, all claims for the property of citizens of the United States taken or destroyed by Indians belonging to any band or tribe or nation in amity with the United States, without just cause or provocation on the part of the owner or agent in charge, and not returned or paid for. ”