
    BENJAMIN H. JOHNSON v. THE UNITED STATES.
    (29 C. Cls. R., 1; 160 U. S. R., 546.)
    
      On the claimants Appeal.
    
    This case raises the single question whether a claimant must have been a citizen of the United States at the time when the depredation was committed.
    The Court below decides:
    1. The Indian Depredation Act, 1891 (26 Stat. L., p. 851, § 1), provides that the court shall have jurisdiction of “ all claims for property of citizens of the United States talcen or destroyed, l>y Indians Tielonging to any tribe, band, or nation in amity with the United States.” This makes citizenship jurisdictional; and as citizenship is coupled with amity, it must he of that time — the time when the depredation was committed.
    2. Congress, having adopted in this statute the language of the act of 1885, it must he inferred that the words “ citizens of the United States ” were used in the sense that had been given to them by the Interior Department.
    8. The primary declaration to become a citizen, under the Revised Statutes, § 2165, made before the depredation was committed, did not make the claimant a citizen within the intent of the jurisdictional act.
    4. The Constitution and statutes determine without ambiguity who are citizens, and no departmental practice to the contrary can prevail against their unambiguous terms.
    The decision of the Court below is affirmed on the same grounds.
    January 13, 1896.
   Mr. Justice Brewer

delivered the opinion of the Supreme Court,  