CHAPTER VI

A DEFENSE OF THE BATTLE OF SAND CREEK (_Continued_)

If anything in addition to Governor Evans's statement were needed to

prove the hostility of the Indians attacked at Sand Creek, it will be

found in the admission of the Indians themselves at the council held by

Governor Evans with the Cheyenne and Arapahoe chiefs in Denver about

sixty days prior to the battle. At this council, there were present

Black Kettle, leading chief of the Cheyennes, White Antelope, chief of

the central band of the Cheyennes, Bull Bear, leader of the Cheyenne

Dog Soldiers, Neva, sub-chief of the Arapahoes, and several other minor

chiefs of that tribe. These chiefs admitted that their people had been,

and were still committing depredations, as the following extract from

the report of the council, taken down at the time, conclusively shows:

GOV. EVANS: Who committed the murder of

the Hungate family on Running

Creek?

NEVA: The Arapahoes, a party of the northern

band who were passing north.

It was the Medicine Man, or

Roman Nose, and three others.

I am satisfied from the time he

left a certain camp for the north,

that it was this party of four

persons.

AGT. WHITLEY: That cannot be true.

GOV. EVANS: Where is Roman Nose?

NEVA: You ought to know better than me,

you have been nearer to him.

GOV. EVANS: Who killed the man and boy at the

head of Cherry Creek?

NEVA: (After consultation) Kiowas and

Comanches.

GOV. EVANS: Who stole the horses and mules

from Jimmy's Camp twenty-seven

days ago?

NEVA: _Fourteen Cheyennes and Arapahoes

together._

GOV. EVANS: What were their names?

NEVA: Powder Face and Whirlwind, _who

are now in our camp, were the

leaders_.

COL. SHOUP: I counted twenty Indians on that

occasion.

GOV. EVANS: Who stole Charlie Autobee's

horses?

NEVA: Raven's son.

GOV. EVANS: I suppose you acknowledge the depredations

on the Little Blue,

as you have the prisoners then

taken in your possession?

WHITE ANTELOPE: We [the Cheyennes] took two

prisoners west of Ft. Kearney

and destroyed the trains.

It will be seen from the foregoing, that these Indians, although

pretending to be friendly, had to admit that their people stole the

horses from the soldiers at Jimmy's Camp, near Colorado City, an account

of which I have already given, and that the Indians who did it were in

their camp at Sand Creek at the time the council was being held. They

lied concerning the man and boy killed at the head of Cherry Creek, for

they knew that the Kiowas and Comanches never came this far north, and

that the murders were committed by their own people. Neva's admission

that Raven's son stole Charlie Autobee's horses proved the hostility of

the Arapahoes, as Raven was the head chief of that tribe.

At the time the council was being held, General S. R. Curtis, commanding

the military district, sent the following telegram to Colonel Chivington,

evidently fearing that peace would be made prematurely.

FT. LEAVENWORTH,

September 28th, 1864.

TO COLONEL CHIVINGTON:

I shall require the bad Indians delivered up; restoration of

equal numbers of stock; also hostages to secure. I want no peace

till the Indians suffer more. Left Hand is said to be a good

chief of the Arapahoes but Big Mouth is a rascal. I fear the

Agent of the Indian Department will be ready to make presents

too soon. It is better to chastise before giving anything but

a little tobacco to talk over. No peace must be made without

my direction.

S. R. CURTIS, Major-General.

On November 2, 1864, Major Wynkoop was relieved of the command at Fort

Lyon, and Major Anthony, of the First Regiment of Colorado Cavalry,

was appointed his successor. The reason given for the removal of Major

Wynkoop was that he was inclined to temporize with the hostile Indians,

contrary to the orders of his superior officers.

In a report made by Major Anthony to his superior officer from Fort

Lyon, under date of November 6, 1864, he says:

Nine Cheyenne Indians to-day sent in wishing to see me. They

state that six hundred of that tribe are now thirty-five miles

north of here coming toward the post, and two thousand about

seventy-five miles away waiting for better weather to enable

them to come in.

I shall not permit them to come in even as prisoners, for

the reason that if I do, I shall have to subsist them upon a

prisoner's rations. I shall, however, demand their arms, all

stolen stock, and the perpetrators of all depredations. I am

of the opinion that they will not accept this proposition,

but that they will return to the Smoky Hill.

They pretend that they want peace, and I think they do now, as

they cannot fight during the winter, except where a small band

of them can fight an unprotected train or frontier settlement.

I do not think it is policy to make peace with them until all

perpetrators of depredations are surrendered up to be dealt

with as we may propose.

This report was dated only twenty-three days before the battle of Sand

Creek occurred. The Indians Major Anthony mentions as camped thirty-five

miles away were those that were attacked by Colonel Chivington. That they

were not, and had not been under Major Anthony's protection, and that

he considered them hostile, is clearly shown by the above report as well

as by the testimony given by him March 14, 1865, in an investigation of

the battle of Sand Creek made by the Joint Committee on the Conduct of

the War, as is shown by the following extracts:

"You say you held a conference with the Indians. State what

occurred?"

"At the time I took command of the post, there was a band of

Arapahoe Indians encamped about a mile from the post, numbering,

in men, women, and children, 652. They were visiting the post

almost every day. I met them and had a talk with them. Among

them was Left Hand, who was a chief among the Arapahoes. He

with his band was with the party at the time. I talked with

them and they proposed to do whatever I said; whatever I said

for them to do, they would do. I told them that I could not

feed them; that I could not give them anything to eat; that

there were positive orders forbidding that; that I could not

permit them to come within the limits of the post. At the same

time they might remain where they were and I would treat them

as prisoners of war if they remained; that they would have to

surrender to me all their arms, and turn over to me all stolen

property they had taken from the government or citizens. These

terms they accepted. They turned over to me some twenty head

of stock, mules and horses, and a few arms, but not a quarter

of the arms that report stated they had in their possession.

The arms they turned over to me were almost useless. I fed

them for some ten days. At the end of that time I told them

that I could not feed them any more; that they better go out

to the buffalo country where they could kill game to subsist

upon. I returned their arms to them and they left the post.

But before leaving they sent word out to the Cheyennes that

I was not very friendly towards them."

"How do you know that?"

"Through several of their chiefs: Neva, an Arapahoe chief,

Left Hand, of the Arapahoes; then Black Kettle and War Bonnet,

of the Cheyennes."

"What property did they turn over?"

"Fourteen head of mules and six head of horses."

"Was it property purporting to have been stolen by them?"

"Yes, sir."

"From whom?"

"They did not say, yet some of it was recognized; some of it

was branded 'U. S.' Some was recognized as being stock that

belonged to citizens. It was generally understood afterwards—I

did not know it at the time—that the son of the head chief of

the Arapahoes, Little Raven, and I think another, had attacked

a small government train and killed one man...."

"Who was the chief of that band?"

"Little Raven was the chief of those I held as prisoners....

"A delegation of the Cheyennes, numbering, I suppose, fifty or

sixty men, came in just before the Arapahoes left the post.

I met them outside the post and talked with them. They said

they wanted to make peace; that they had no desire to fight

against us any longer. I told them that I had no authority

from department headquarters to make peace with them; that I

could not permit them to visit the post and come within the

lines; that when they had been permitted to do so at Fort

Larned, while the squaws and children of the different tribes

that visited the post were dancing in front of the officers'

quarters and on the parade ground, the Indians had made an

attack on the post, fired on the guard, and run off the stock,

and I was afraid the same thing might occur at Fort Lyon. I

would not permit them to visit the post at all. I told them

I could make no offers of peace to them until I heard from

district headquarters. I told them, however, that they might go

out and camp on Sand Creek, and remain there if they chose to

do so; but they should not camp in the vicinity of the post;

that if I had authority to go out and make peace with them,

I would go out and let them know of it.

"In the meantime I was writing to district headquarters

constantly, stating to them that there was a band of Indians

within forty miles of the post—a small band—while a very

large band was about 100 miles from the post. That I was strong

enough with the force I had with me to fight the Indians on

Sand Creek, but not strong enough to fight the main band. That

I should try to keep the Indians quiet until such time as I

received reinforcements; and that as soon as reinforcements

did arrive we should go further and find the main party.

"But before the reinforcements came from district headquarters,

Colonel Chivington came to Fort Lyon with his command, and I

joined him and went out on that expedition to Sand Creek. I

never made any offer to the Indians. It was the understanding

that I was not in favor of peace with them. They so understood

me, I suppose; at least I intended they should. In fact, I

often heard of it through their interpreters that they did

not suppose we were friendly towards them....

"This is the way in which we had been situated out there. I

have been in command of a body of troops at Fort Larned or Fort

Lyon for upwards of two years. About two years ago in September

the Indians were professing to be perfectly friendly. These

were the Cheyennes, the Comanches, the Apaches, the Arapahoes,

the Kiowas, encamped at different points on the Arkansas

River between Fort Larned and Fort Lyon. Trains were going up

to Fort Lyon frequently and scarcely a train came in but had

some complaint to make about the Indians. I recollect that one

particular day three trains came in to the post and reported

to me that the Indians had robbed them of their provisions.

We at the post had to issue provisions to them constantly.

Trains that were carrying government freight to New Mexico

would stop there and get their supplies replenished on account

of the Indians having taken theirs on the road.

"At one time I took two pieces of artillery and 125 men, and

went down to meet the Indians. As soon as I got there they

were apparently friendly. A Kiowa chief perhaps would say to

me that his men were perfectly friendly, and felt all right

towards the whites, but the Arapahoes were very bad Indians. Go

to the Arapahoe camp, and they would perhaps charge everything

upon the Comanches; while the Comanches would charge it upon

the Cheyennes; yet each band there was professing friendship

towards us....

"When the Indians took their prisoners (in fact, however,

they generally took no prisoners) near Simmering Spring, they

killed ten men. I was told by Captain Davis, of the California

volunteers, that the Indians cut off the heads of the men after

they had scalped them, and piled them in a pile on the ground,

and danced around them, and kicked their bodies around over

the ground, etc. It is the general impression of the people of

that country that the only way to fight Indians is to fight

them as they fight us; if they scalp and mutilate the bodies

we must do the same.

"I recollect one occasion, when I had a fight on Pawnee fork

with the Indians there, I had fifty-nine men with me, and the

Indians numbered several hundred. I was retreating and they

had followed me about five miles. I had eleven men of my party

shot at that time. I had with my party then a few Delaware

Indians, and one Captain Fall Leaf, of the Delaware tribe, had

his horse shot; we had to stop every few minutes, dismount, and

fire upon the Indians to keep them off. They formed a circle

right around us. Finally we shot down one Indian very close

to us. I saw Fall Leaf make a movement as though he wanted

to scalp the Indian. I asked him if he wanted that Indian's

scalp and he said he did. We kept up a fire to keep the Indians

off, while he went down and took off his scalp, and gave his

Delaware war-whoop. That seemed to strike more terror into

those Indians than anything else we had done that day. And I

do think if it had not been for that one thing, we should have

lost a great many more of my men. I think it struck terror to

them so that they kept away from us."

"Did the troops mutilate the Indians killed at Sand Creek?"

"_They did in some instances that I know of, but I saw nothing

to the extent I have since heard stated._"

"Did you not feel that you were bound in good faith not to

attack those Indians after they had surrendered to you and

after they had taken up a position which you yourself had

indicated?"

"I did not consider that they had surrendered to me; I never

would consent that they should surrender to me. My instructions

were such that I felt in duty bound to fight them wherever I

found them; provided I considered it good policy to do so. I

did not consider it good policy to attack this party of Indians

on Sand Creek unless I was strong enough to go on and fight

the main band at the Smoke Hills, some seventy miles further.

If I had had that force, I should have gone out and fought

this band on Sand Creek...."

"You think the attack made upon those Indians, in addition to

the other characteristics which it possesses, was impolitic?"

"I do, very much so. I think it was the occasion of what

has occurred on the Platte since that time. I have so stated

in my report to the headquarters of the district and of the

department. I stated before Colonel Chivington arrived there

that the Indians were encamped at this point; that I had a

force with me sufficiently strong to go out and fight them;

but that I did not think it policy to do so, for I was not

strong enough to fight the main band. If I fought this band,

the main band would immediately strike the settlements. But so

soon as the party should be strong enough to fight the main

band, I should be in favor of making the war general against

the Indians. I stated to them also that I did not believe we

could fight one band without fighting them all; that in case

we fought one party of Indians and whipped them, those that

escaped would go into another band that was apparently friendly

and that band would secrete those who had been committing

depredations before. As it was with Little Raven's band; his

own sons attacked a train a short distance above Fort Lyon,

killed one soldier, took a government wagon and mules, some

horses, and took some women prisoners. One woman they afterwards

outraged and she hung herself; the other one, I think, they

still hold. Some of the Indians have married her, as they call

it, and she is still in their camp, as I have understood;

not now in the camp of those who took her prisoner, but she

has been sold to the Sioux and Cheyennes. The instructions we

constantly received from the headquarters both of the district

and the department, were that we should show as little mercy

to the Indians as possible...."

In another part of his testimony, Major Anthony said referring to the

Arapahoes, "I considered them differently from the Cheyennes," and

when asked if they were with the Cheyennes at Sand Creek, replied, "I

understood, afterwards, that some six or eight or ten lodges of the

Arapahoes were there."

Major S. G. Colley, the Indian agent, said in his testimony, "Left Hand's

band had gone out to Sand Creek," and when asked how many were in Left

Hand's band, replied, "About eight lodges of about five to the lodge."

If there were no other evidence, the following telegrams from General

Curtis, Commander of the Department of Missouri, are in themselves

sufficient proofs of the hostility of both Cheyennes and Arapahoes:

FT. LEAVENWORTH, April 8th, 1864.

TO COLONEL CHIVINGTON:

I hear that Indians have committed depredations on or near

Platte River. Do not let district lines prevent pursuing and

punishing them.

S. R. CURTIS, Major-General.

FT. LEAVENWORTH, May 30th, 1864.

TO COLONEL CHIVINGTON:

Some four hundred Cheyennes attacked Lieut. Clayton on Smoky

Hill. After several hours fight the Indians fled, leaving

twenty-eight killed. Our loss four killed and three wounded.

Look out for Cheyennes everywhere. Especially instruct troops

in upper Arkansas.

S. R. CURTIS, Major-General.

FT. LEAVENWORTH, October 7, 1864.

MAJOR-GENERAL HALLECK, Chief of Staff:

General Blunt came upon a party of Arapahoes and other hostile

Indians supposed to be four thousand, with fifteen hundred

warriors, on the twenty-fifth ultimo. This was about one hundred

miles west of Larned on Pawnee fork. The Indians overpowered

the advance, but the main force coming up routed and pursued

them. Ninety-one dead Indians were left and we lost two killed

and seven wounded. General Blunt's force was less than five

hundred. He pursued for several days.

S. R. CURTIS, Major-General.

The place where this battle occurred was about one hundred and thirty

miles east of the Sand Creek battle-ground, and probably some of the

same Indians were in both encounters.

The telegrams I have quoted indicate that General Curtis was fully alive

to the situation. Evidently he believed the Cheyennes and Arapahoes were

hostile and was not in favor of making peace with them until they had

been punished.

On account of his limited force, Colonel Chivington could do little more

than protect the lines of travel; consequently, all that summer and

fall the frontier settlers were compelled to take care of themselves.

And it was not until after the Third Colorado had been organized and

equipped that he was able to strike a decisive blow. In his deposition

presented at the investigation by the Joint Committee on the Conduct of

the War, among other things, Colonel Chivington has the following to say

concerning the battle of Sand Creek and the conditions leading up to it.

"On the 29th day of November, 1864, the troops under my command

attacked a camp of Cheyenne and Arapahoe Indians at a place

known as Big Bend of Sandy, about forty miles north of Fort

Lyon, Colorado Territory. There were in my command at that time

about (500) five hundred men of the Third Regiment Colorado

cavalry, under the immediate command of Colonel George L.

Shoup, of said Third Regiment, and about (250) two hundred

and fifty men of the First Colorado cavalry; Major Scott J.

Anthony commanded one battalion of said First regiment, and

Lieutenant Luther Wilson commanded another battalion of said

First regiment. The Third regiment was armed with rifled

muskets, and Star's and Sharp's carbines. A few of the men of

that regiment had revolvers. The men of the First regiment

were armed with Star's and Sharp's carbines, and revolvers.

The men of the Third regiment were poorly equipped; the supply

of blankets, boots, hats, and caps was deficient. The men of

the First regiment were well equipped; all of these troops

were mounted. I had four 12-pound mountain howitzers, manned

by detachments from cavalry companies; they did not belong to

any battery company.

"From the best and most reliable information I could obtain,

there were in the Indian camp, at the time of the attack, about

eleven or twelve hundred Indians; of these about seven hundred

were warriors and the remainder were women and children. I am

not aware that there were any old men among them. _There was

an unusual number of males among them, for the reason that

the war chiefs of both nations were assembled there, evidently

for some special purpose...._"

"What number did you lose in killed, and what number in wounded

and what number in missing?"

"There were seven men killed, forty-seven wounded, and one

was missing.

"From the best information I could obtain, I judge that

there were five or six hundred Indians killed; I cannot state

positively the number killed, nor can I state positively the

number of women and children killed. Officers who passed over

the field, by my orders, report that they saw but few women

and children dead, no more than would certainly fall in an

attack upon a camp in which they were. I myself passed over

some portions of the field after the fight, and _I saw but one

woman who had been killed, and one who had hanged herself; I

saw no dead children. From all I could learn, I arrived at the

conclusion that but few women or children had been slain. I

am of the opinion that when the attack was made on the Indian

camp the greater number of squaws and children made their

escape, while the warriors remained to fight my troops._

"I do not know that any Indians were wounded that were not

killed; if there were any wounded, I do not think they could

have been made prisoners without endangering the lives of the

soldiers; Indians usually fight as long as they have strength

to resist. Eight Indians fell into the hands of the troops

alive, to my knowledge; these with one exception were sent to

Fort Lyon and properly cared for....

"My reason for making the attack on the Indian camp was that

I believed the Indians in the camp were hostile to the whites.

That they were of the same tribes with those who had murdered

many persons and destroyed much valuable property on the Platte

and Arkansas rivers during the previous spring, summer, and

fall was beyond a doubt. When a tribe of Indians is at war with

the whites, it is impossible to determine what party or band

of the tribe or the name of the Indian or Indians belonging

to the tribe so at war, are guilty of the acts of hostility.

The most that can be ascertained is that Indians of the tribe

have performed the acts. During the spring, summer, and fall

of the year 1864, the Arapahoe and Cheyenne Indians, in some

instances assisted or led on by Sioux, Kiowas, Comanches, and

Apaches, had committed many acts of hostility in the country

lying between the Little Blue and the Rocky Mountains and

the Platte and Arkansas rivers. They had murdered many of the

whites and taken others prisoners, and had destroyed valuable

property, probably amounting to $200,000 or $300,000. Their

rendezvous was on the headwaters of the Republican, probably

one hundred miles from where the Indian camp was located. I

had every reason to believe that these Indians were either

directly or indirectly concerned in the outrages that had been

committed upon the whites. I had no means of ascertaining what

were the names of the Indians who had committed these outrages

other than the declarations of the Indians themselves; and

the character of Indians in the western country for truth and

veracity, like their respect for the chastity of women who may

become prisoners in their hands, is not of that order which

is calculated to inspire confidence in what they may say.

In this view I was supported by Major Anthony, 1st Colorado

Cavalry, commanding at Fort Lyon, and Samuel G. Colley, United

States Indian Agent, who, as they had been in communication

with these Indians, were more competent to judge of their

disposition toward the whites than myself. Previous to the

battle they expressed to me the opinion that the Indians should

be punished. We found in the camp the scalps of nineteen white

persons. One of the surgeons informed me that one of these

scalps had been taken from the victim's head not more than

four days previously. I can furnish a child captured at camp

ornamented with six white women's scalps. These scalps must

have been taken by these Indians or furnished to them for

their gratification and amusement by some of their brethren,

who, like themselves, were in amity with the whites.

"I had no reason to believe that Black Kettle and the Indians

with him were in good faith at peace with the whites. The day

before the attack Major Scott J. Anthony, 1st Colorado Cavalry,

then commander at Fort Lyon, told me that these Indians were

hostile; that he had ordered his sentinels to fire on them if

they attempted to come into the post, and that the sentinels

had fired on them; that he was apprehensive of an attack from

these Indians and had taken every precaution to prevent a

surprise. Major Samuel G. Colley, United States Indian Agent

for these Indians, told me on the same day that he had done

everything in his power to make them behave themselves, and

that for the last six months he could do nothing with them;

that nothing but a sound whipping would bring a lasting peace

with them. These statements were made to me in the presence

of the officers of my staff whose statements can be obtained

to corroborate the foregoing....

"Since August, 1863, I had been in possession of the most

conclusive evidence of the alliance, for the purposes of

hostility against the whites, of the Sioux, Cheyennes,

Arapahoes, Comanche, Kiowa and Apache Indians.

"Their plan was to interrupt, or, if possible, entirely prevent

all travel on the routes along the Arkansas and Platte rivers,

from the states to the Rocky Mountains, and thereby depopulate

this country....

"With very few troops at my command, I could do little to

protect the settlers, except to collect the latest intelligence

from the Indians' country, communicate it to General Curtis,

commanding department of Missouri, and warn the settlers of

the relations existing between the Indians and the whites,

and the probability of trouble, all of which I did....

"Commanding only a district with very few troops under my

control, with hundreds of miles between my headquarters and

the rendezvous of the Indians, with a large portion of the

Santa Fe and Platte routes, besides the sparsely settled and

distant settlements of this Territory to protect, I could not

do anything till the 3rd regiment was organized and equipped,

when I determined to strike a blow against this savage and

determined foe. When I reached Fort Lyon, after passing over

from three to five feet of snow, and greatly suffering from

the intensity of the cold, the thermometer ranging from 28 to

30 degrees below zero, I questioned Major Anthony in regard

to the whereabouts of hostile Indians. He said there was a

camp of Cheyennes and Arapahoes about fifty miles distant;

that he would have attacked before, but did not consider his

force sufficient; that these Indians had threatened to attack

the post, etc., and ought to be whipped, all of which was

concurred in by Major Colley, Indian agent for the district

of the Arkansas, which information with the positive orders

of Major-General Curtis, commanding the department, to punish

these Indians, decided my course, and resulted in the battle

of Sand Creek, which has created such a sensation in Congress

through the lying reports of interested and malicious parties.

"On my arrival at Fort Lyon, in all my conversations with Major

Anthony, commanding the post, and Major Colley, Indian Agent,

I heard nothing of this recent statement that the Indians were

under the protection of the government, etc., but Major Anthony

repeatedly stated to me that he had at different times fired

upon these Indians, and that they were hostile, and, during

my stay at Fort Lyon, urged the necessity of my immediately

attacking the Indians before they could learn of the number of

troops at Fort Lyon, and so desirous was Major Colley, Indian

agent, that I should find and also attack the Arapahoes, that

he sent a messenger after the fight at Sand Creek nearly forty

miles to inform me where I could find the Arapahoes and Kiowas;

yet, strange to say, I have learned recently that these men,

Anthony and Colley, are the most bitter in their denunciations

of the attack upon the Indians at Sand Creek. Therefore, I

would, in conclusion, most respectfully demand, as an act of

justice to myself and the brave men whom I have had the honor

to command in one of the hardest campaigns ever made in this

country, whether against white men or red, that we be allowed

the right guaranteed to every American citizen, of introducing

evidence in our behalf to sustain us in what we believe to

have been an act of duty to ourselves and to civilization."

Colonel George L. Shoup, in a deposition presented to the military

commission investigating the battle of Sand Creek, among other things,

says:

On or about the 12th of November, 1864, I left Denver for Fort

Lyon, with Companies C, D, and F of my regiment and Company

H of the First Colorado Cavalry, and on or about the 18th of

November joined Major Sayre at Boonville with that portion of

the regiment which had been left at Bijou Basin (he having been

ordered to precede me), consisting of Companies A, B, and E,

and I and M. On or about the 20th Captain Baxter joined the

command with Company G, and the day following Colonel John M.

Chivington, commander of the district of Colorado, arrived and

assumed command of the column, I still commanding my regiment.

On or about the 22d the column, consisting of my regiment

and a battalion of the first, marched from Boonville towards

Fort Lyon and reached Fort Lyon on the 28th, and went into

camp. On the evening of the 28th I received orders from the

colonel commanding to prepare three days' cooked rations, and

be ready to march at eight o'clock the same evening. At eight

o'clock the column marched in the following order: the first

regiment on the right, my regiment on the left. I had under

my immediate command between five hundred and fifty and six

hundred men mounted. My transportation was left at Fort Lyon.

The column marched all night in a northerly direction. About

daylight the next morning came in sight of an Indian village.

Colonel Chivington and myself being about three-fourths of a

mile in advance of the column, it was determined to make an

immediate attack. Lieutenant Wilson, commanding a battalion of

the first, was ordered to cut off the ponies of the Indians at

the northeast of the village. By order of Colonel Chivington,

I was ordered to send men to the southwest of the village, to

cut off the ponies in that direction, and then to immediately

engage the Indians.

"Did Colonel Chivington make any remarks to the troops, in

your hearing?"

"He did not."

"Did you approach the camp of the Indians in line of battle

with your men mounted, or dismounted?"

"Kept my men in columns of fours till I arrived at the village,

when I formed them in line of battle, and to the left of a

battalion of the first, commanded by Lieutenant Wilson, my

men mounted."

"At what distance was your command from the village when you

commenced fire upon it?"

"I did not allow my men to fire when I formed my first line;

the battalion on my right was firing. I wheeled my men into

column of fours and marched to the rear of the battalion on

my right, to the right of that battalion, to obtain a better

position. I marched up Sand Creek some distance, following the

Indians who were retreating up the creek. When opposite the

main body of Indians, wheeled my men into line, dismounted,

and opened fire."

"Did you know what band of Indians it was at the time of the

attack?"

"I heard while at Fort Lyon that Left Hand, of the Arapahoes,

and Black Kettle, of the Cheyennes, were at the village."

"Did you, at any time prior to the attack, hear Colonel

Chivington say that he was going to attack Black Kettle's band?"

"I did not."

"How long did the fight last?"

"The fighting did not entirely cease until about three o'clock

in the afternoon."

"Did you camp with your regiment near the battle-ground?"

"We camped on ground occupied by the Indians before the battle."

"What was done with the Indians and other property?"

"The lodges were burned. The ponies, numbering, as I was told,

five hundred and four, were placed in charge of the provost

marshal. A few remained in the hands of the troops."

"What were the casualties of your regiment?"

"Ten killed, one missing, about forty wounded."

"In your opinion how many Indians were killed?"

"From my own observation I should say about three hundred."

"Were they men, or women and children?"

"Some of each."

"Did you witness any scalping or other mutilation of the dead

by your command?"

"I saw one or two men who were in the act of scalping, but I

am not positive."

* * * * *

"Were you present in council with some Indian chiefs in Denver,

some time last summer or fall?"

"I was."

"Who were present—whites and Indians?"

"Governor Evans, Colonel Chivington, Captain S. M. Robbins,

Major Wynkoop, Major Whiteley, Amos Steck, J. Bright Smith,

Nelson Sargent, Captain John Wanless, Black Kettle, White

Antelope, and five or six other Indians, and John Smith and

Sam Ashcroft, interpreters."

"Did the Indians express a desire for peace with the whites?"

"Yes."

"Upon what terms did they desire peace?"

"That they have protection and supplies while the war was

carried on against hostile Indians."

"Was peace guaranteed to them on any terms?"

"They were told by Colonel Chivington that if they would come

in and surrender themselves, he would then tell them what to

do."

"What did the governor tell them?"

"That as they had violated all treaties they would have to

treat with the military authorities, to whom he had given up

all the authority."

"Did Colonel Chivington tell them that he would guarantee them

peace only on condition that they would come into the post

and lay down their arms?"

"Colonel Chivington did not guarantee them peace upon any terms,

but if they would come into the post, surrender themselves,

and lay down their arms, he would tell them what to do."

"Did the Indians say that they would do so?"

"They said that they would go back to their people, tell them

and advise them to do so."

* * * * *

"Did you have any conversation with Major Colley, Indian

agent for the Arapahoes and Cheyennes of the Upper Arkansas,

respecting the disposition of the Indians and the policy that

ought to be pursued towards them? If so, state what he said."

"I had an interview with Major Colley, on the evening of the

28th of November, in which he stated to me that these Indians

had violated their treaty; that there were a few Indians that he

would not like to see punished, but as long as they affiliated

with the hostile Indians we could not discriminate; that no

treaty could be made that would be lasting till they were all

severely chastised; he also told me where these Indians were

camped."

"State what you heard Major Scott J. Anthony say in reference

to these Indians on the 28th of November last."

"He said he would have fought these Indians before if he had

had a force strong enough to do so, and left a sufficient

garrison at Fort Lyon, he being at the time in command of Fort

Lyon."

The Hon. S. H. Elbert, Acting Governor of Colorado, in a message to

the Legislature, a few months after the affair, reflects the general

attitude of the people toward the battle, and those participating in

it. The following is an extract from it:

The before unbroken peace of our Territory has been disturbed

since the last spring, by an Indian war. Allied and hostile

tribes have attacked our frontier settlements, driven in our

settlers, destroyed their homes, attacked, burned, and plundered

our freight and emigrant trains, and thus suspended agricultural

pursuits in portions of our country, and interrupted our trade

and commerce with the States. This has for the time seriously

retarded the prosperity of our Territory.

At the commencement of the war the General Government, taxed

to the utmost in subduing the rebellion, was unable to help

us, and it became necessary to look to our own citizens for

protection. They everywhere responded with patriotism and

alacrity. Militia companies were organized in the frontier

counties and secured local protection. Much credit is due

to Captain Tyler's company of militia for the important

service they rendered in opening and protecting our line of

communication with the States.

In response to the call of the governor for a regiment of

cavalry for one hundred day service, over a thousand of

our citizens—the large majority of them leaving lucrative

employment—rapidly volunteered, and in that short time, despite

the greatest difficulties in securing proper equipments,

organized, armed, made a long and severe campaign amid the

snows and storms of winter, and visited upon these merciless

murderers of the plains a chastisement smiting and _deserved_.

The gratitude of the country is due to the men who thus

sacrificed so largely their personal interests for the public

good, and rendered such important service to the Territory;

and their work, if it can be followed up with a vigorous winter

campaign, would result in a permanent peace.

The necessity of such a campaign, and the imperative demand for

immediate and complete protection for our line of communication

with the States has been, and is now being, earnestly urged on

the Government at Washington, and with a prospect of success.

These efforts should be seconded by your honorable body with

whatever influence there may be in resolution or memorial,

setting forth the facts and necessities of our situation.

The testimony of Governor Evans, Major Anthony, Colonel Chivington,

Colonel Shoup, and Acting Governor Elbert covers every phase of the

matter in controversy. Governor Evans's statement proves beyond question

that the Cheyennes and Arapahoes were viciously hostile during the

entire summer preceding the battle of Sand Creek, and this was admitted

by Black Kettle in his letter to Major Colley, the Indian agent, and

by the other chiefs in the council at Denver. Governor Evans also makes

it plain that he refused to consider the question of making peace, and

turned the Indians over to the military. The telegram of General Curtis,

commander of the Military Department, sent at the time the council was

being held, says, "No peace must be made without my direction." And peace

had not been made when the battle was fought. Major Anthony, commander

of the military post of Fort Lyon, near the Cheyenne and Arapahoe Indian

agency, says that the Indians attacked were hostile and not under his

protection, and that he would have punished them had his force been

strong enough to fight also the large band on the Smoky Hill River.

Colonel Chivington's testimony confirms the statement of Governor Evans

as to the hostility of both Cheyennes and Arapahoes, and both he and

Colonel Shoup say that this was corroborated by Major Anthony, and Major

Colley, the Indian agent, each of whom told them, while at Fort Lyon

prior to the battle, that the Indians camped on Sand Creek were hostile

and should be punished. Major Anthony admits that there were Arapahoes

camped near the Fort when he assumed command, and that, in compliance

with his demand, they surrendered twenty head of stock, stolen from the

whites, and a few worthless guns; and added that a week or two later he

returned the guns, and told the Indians that he could no longer feed

them and ordered them to go out on the plains, where they could kill

buffalo for food; whereupon they left.

The only Arapahoes that by any stretch of the imagination could be said

to have been under the protection of the military were the small part

of the tribe under the control of Left Hand, a sub-chief; while there

is no doubt whatever as to the hostility of the head chief Raven and

his followers, who constituted a large majority of the tribe. It is

generally conceded that the chief Left Hand and a few of his adherents

were peaceably inclined. But, unfortunately, he and the occupants of six

or eight lodges of his people, about forty persons in all, including women

and children, were in the camp of the hostile Cheyennes and Arapahoes at

the time the attack was made, and suffered accordingly. Left Hand knew

that the Cheyennes and a very large part of his own people were at war

with the whites, and of the chance he was taking in being in company with

the hostiles. If it resulted disastrously, he had no one but himself to

blame. It was utterly impossible to discriminate between Indians in the

midst of the battle. In those days, Indians seldom permitted themselves

to be taken prisoners in battle, and an attempt to do so, even if the

Indian was badly wounded, was a dangerous undertaking. This was the

reason that no prisoners were taken at Sand Creek. Major Anthony, who was

not friendly to Colonel Chivington, says that while in some instances

the Indians killed at Sand Creek were mutilated, he saw nothing to the

extent since stated.

Colonel Chivington's statement concerning the matter is:

Officers who passed over the field by my orders after the

battle, for the purpose of ascertaining the number of Indians

killed, report that they saw but few women and children dead;

no more than would certainly fall in an attack upon a camp in

which they were. I myself passed over some portions of the

field after the fight, and saw but one woman who had been

killed and one who had hanged herself. I saw no dead children.

In this connection, I wish to refer back to my own statement concerning

the matter, as Colonel Chivington's observations were identical with mine.

All this shows that the charge that the battle was merely a massacre is

as untruthful as are most of the other statements made by the coterie

of disgruntled army officers, Indian agents, traders, interpreters,

and half-breeds. Much of the testimony given at the Congressional and

military hearings was hearsay evidence of statements said to have been

made by persons who claimed to have been in the battle. Possibly, some

such statements may have been made by irresponsible braggarts belonging to

the two regiments that formed the command, for in every regiment during

the Rebellion, Eastern as well as Western, there were a few men who were

no credit to their comrades, and who have since told of many fictitious

happenings, or those having only the slightest basis of truth. Statements

of this character may, perhaps, have been made by irresponsible members

of the First and Third Colorado regiments.

It is inconceivable to any one who knew the members of the latter

regiment that either its officers or enlisted men, with possibly a rare

exception, would have approved of, and much less have participated

in, the wanton acts of cruelty claimed to have been perpetrated. No

unprejudiced person can believe a charge of such a character against

Colonel Shoup, afterwards for many years an honored United States Senator

from the State of Idaho; or of Major Hal Sayre, one of Colorado's most

respected mining engineers; or of Captain Harper Orahood, who, later,

was for many years a law partner of Senator H. M. Teller; or of Captain

Baxter of Pueblo, or Captain Nichols of Boulder, both afterwards members

of the Legislature of Colorado and honored citizens in the community in

which they lived; or in fact against any of the officers of the Third

Colorado, as practically all of them were men of high standing in their

respective communities.

I was on the battle-field within fifteen minutes after the fight began,

and during the day, with a part of our company, I went along the south

side of Sand Creek from the scene of one engagement to another, until

I had covered the full length of the battle-field on that side of the

creek. We then crossed over to the north side and followed up the creek

as far as the engagement had extended. On our return to camp, we went

over the entire length of the scene of the fighting on the north side

of the creek, thus covering almost the entire battle-field, as after the

first half-hour in the morning there was but little fighting except near

the banks of the creek. During that time I saw much of the battle, but

not once did I see any one shoot at a squaw or a child, nor did I see

any one take a scalp, although it is true that scalps were taken, for

as I returned to camp I saw a number of dead Indians whose scalps had

been taken, and among them a few squaws. They had probably been scalped

by some of the reckless persons referred to, or possibly by some of the

many men in the regiment whose relatives or friends had been killed

and brutally mutilated by the savages during the preceding summer. I

am not apologizing for the acts of these people, but every fair-minded

person must admit that there may have been extenuating circumstances

connected with the offense, and no one unfamiliar with the horrors of

savage warfare can appreciate the feelings of those who have suffered

from their attacks. I did not see a dead or wounded child, and it is

inconceivable that any were killed during the fight except accidentally.

The incident of the child who wished me to take it up as I was returning

to the camp indicates the sympathetic attitude of our men towards the

innocent non-combatants.

I think the proof I have presented shows conclusively that every one of

the charges made by the enemies of Colonel Chivington was untrue; that,

on the contrary, the Indians attacked at Sand Creek were, and had been

during the previous summer, viciously hostile to the whites; that they

were not under the protection of the military authorities at Fort Lyon,

and that the battle was not a wanton massacre.

The adverse criticism of this whole affair was but one of the many acts

of injustice experienced by the frontier settlers. From the formation

of the Government, up to the time when the Indians were finally placed

upon reservations, the frontier settlements, in addition to defending

themselves from the savages, always had to contend with the sentimental

feeling in favor of the Indians that prevailed in the East. The people

of the East had apparently forgotten the atrocities perpetrated on their

ancestors by the savages, and, resting secure in the safety of their

own homes, they could not realize the privations and dangers that those

who were opening up the regions of the West had to endure. And to add

to the difficulties of the situation, the Indian Department was usually

dominated by sentimental people who apparently never had any conception

of a proper and humane method of dealing with the Indians.

The Government continued to recognize each one of the tribes as a separate

nation, and entered into treaties with them, as though they had the

standing of an independent and responsible power. Broken down and often

corrupt men were appointed as agents to represent the Government. The

salaries received by the agents were so small that no one could afford

to take the position unless he intended to increase his remuneration

by corrupt methods. As a part of this machinery for dealing with the

Indians, disreputable white men were employed as interpreters, who, often

by reason of some crime committed in the States, had for safety's sake

exiled themselves among the Indians, had married squaws, and, virtually,

had become Indians in habits and sympathy. The result was that when the

Government made treaties with the Indians, accompanied by an issue of

annuities, it frequently happened that the agent and the interpreter

would apply a considerable portion of such annuities to their own use.

The Indians, knowing this, would become angry and take vengeance upon

the white settler.

No effort seems to have been made to study the nature and character of

the Indian, nor the inherited traits that governed him in his dealings

with others. The nomadic Indian of the central and western part of the

United States was, in most matters, merely a child. His sole occupation

from youth to old age was following the chase and fighting his enemies.

Almost the sole topic of conversation in their tents and around their

camp-fires was the details of their hunting expeditions and of their

battles; and from his earliest days, every Indian boy was taught that his

one hope of glory and the making of a reputation depended upon his ability

to kill other human beings. Every tribe had its hereditary enemies with

whom it was in a state of continuous warfare. During the summer-time,

it was one continuous round of war-parties going out to attack their

enemies, and parties returning, bringing with them the scalps of those

they had killed, together with squaws and children they had captured,

and frequently with large herds of horses they had stolen. If the raids

were against the whites, they would return with all sorts of plunder

taken from wagon-trains and ranch houses, and oftentimes with captive

white women and children. It must be understood that no white man who

understood the character of the Indian would ever permit himself to be

taken a prisoner, for that meant torture of the most horrible character.

For that reason, white men, engaged in battle with the Indians, seldom

failed to reserve one last shot in their revolvers, with which to end

their lives if capture was imminent, and in many instances men have

shot their wives and children rather than allow them to fall into the

hands of the Indians. The fate of the women captured by the Indians is

indescribable.

After a successful raid, there would ensue a series of scalp dances,

accompanied by a period of frenzied rejoicing, in which unspeakable

cruelties were perpetrated upon their captive victims. The fiendishness

of these cruelties it is almost impossible to describe. In these orgies

the squaws always participated, and as a rule were even more diabolical

than the warriors. With such examples and with such mothers, how could

an Indian child grow up to be anything but fiendish? The Indians had no

conception of such a thing as mercy, compassion, or humane treatment of

their enemies. Any exhibition of sentiment of that sort would have been

considered an evidence of weakness, and any act of forbearance shown

toward them by the whites served only to make them more difficult to

control thereafter. They gave no quarter and they asked no quarter.

As showing their contempt for the army, I saw upon more than one of the

Indian tents that we captured at Sand Creek rude paintings portraying

their fights with the soldiers of the United States Army. In every case

the soldiers were running at the top of their speed, pursued by Indians

who were firing at them and scalping those who had been killed. The

Indians knew no law, nor did the Government attempt to teach them any.

From the first they were permitted to go on year by year educating their

young in savagery, while at the same time the agents of the Government

were dealing dishonestly with them; and in every case it was the frontier

settler who had to pay the penalty.

The savages soon found out that they could kill the whites, steal or

destroy their property throughout the summer, and then upon their

professing penitence, the Government would permit them to remain

unmolested during the winter and at other times would make a treaty of

peace with them and give them large quantities of annuities. After this,

they could rest in security until their ponies were in condition to start

upon the war-path again the following spring. Was there ever anything

in the history of the dealings of any nation with its savage neighbors

more absurd or more disreputable? The period I have referred to was

certainly a "Century of Dishonor," not only because of the attitude of

the Government in its dealings with the Indians, but in the treatment of

those of its own people who were opening up frontier lands for settlement.

The Indians could have been easily handled had the Government studied

their nature and formulated a system of laws for their control, compelling

them to regard the rights of the whites as well as of their neighboring

tribes, and had at the same time protected them from wrongs perpetrated

upon them by thieving and disreputable white men; in short, have treated

them with justice in all things, and have required the same from them in

their dealing with the whites. Had this policy been pursued, it would

have been of infinite benefit to the Indians, and would have saved

the lives of thousands of white men along the frontier settlements. In

this connection, I assert, from my personal knowledge, that more than

ninety-five per cent. of the frontier settlers treated the Indians with

the utmost fairness and used every possible endeavor to avoid difficulties

with them.

As I have already said, the Indian is at a great disadvantage in carrying

on warfare during the winter. He has no trouble in this direction in

his warfare with his own race, as every tribe is alike in this respect.

In this way the white people had a great advantage, and it would have

required only a few cases of summary punishment such as we gave them

at Sand Creek, to have settled Indian troubles for all time. We who

inhabited the frontier in the early sixties knew this and realized that

nothing struck such terror to the Indian tribes as to be attacked in the

winter, and had the battle of Sand Creek been followed up as it should

have been, the frontier settlements of Colorado would thereafter have

had little trouble with any of the Indians of the plains.

Four years later, the absurdity of the policy of permitting the Indians

to murder and rob during the summer, make peace in the fall, and remain

unmolested during the winter, accumulating ammunition for the following

summer's warfare, finally dawned upon the military authorities and a new

policy was adopted. As a result, on the 27th of November, 1868, General

Custer, under the direction of General Sheridan, commander of the military

division of the Missouri, made an attack upon the Cheyennes camped on

the Washita, south of the Arkansas River, in which one hundred and three

Indians (a number of whom were squaws) were killed, fifty-three squaws

and children were captured, and 875 ponies were taken. This attack was

at the same time of year and was almost identical with that made by

Chivington at Sand Creek. General Sheridan says in his report:

The objects of the winter's operations were to strike a hard

blow and force them on to the reservation set apart for them,

or if this could not be accomplished, to show to the Indian

that the winter season would not give him rest; that he, with

his village and stock, could be destroyed; that he would have

no security winter or summer except in obeying the laws of

peace and humanity.

As in the case of Chivington, Custer was attacked viciously for this

affair by Wynkoop and others, but, fortunately, Custer had the backing

of the commanding officers of the army and nothing his enemies could do

affected him in the least.

What a fortunate thing it would have been for the frontier people if

this policy had been adopted a few years sooner!

The Indians of the Pike's Peak Region Including an Account of the Battle of Sand Creek, and of Occurrences in El Paso County, Colorado, during the War with the Cheyennes and Arapahoes, in 1864 and 1868 · 第 6 / 7 章