Testimony of Colonel J. M. Chivington
April 26, 1865
Interrogatories propounded to John M. Chivington by the Joint Committee on the Conduct of the War, and answers thereto given by said Chivington reduced to writing, and subscribed and sworn to before Alexander W. Atkins, notary public, at Denver, in the Territory of Colorado.
1st Question. What is your place of residence, your age and profession?
Answer. My place of residence is Denver, Colorado; my age, forty-five years; I have been colonel of 1st Colorado
cavalry, and was mustered out of the service on or about the eighth day of January last, and have not been engaged in any
business
since that time.
2d question. Were you in November, 1864, in any employment, civil or military, under the authority of the United States; and if so, what was that employment, and what position did you hold?
Answer. In November, 1864, I was colonel of 1st Colorado cavalry, and in command of the district of Colorado.
3d question. Did you, as colonel in command of Colorado troops, about the 29th of November, 1864, make an attack on an
Indian village or camp at a place known as Sand creek? If so, state particularly the number of men under your command; how
armed and equipped; whether mounted or not; and if you had any artillery, state the number of guns, and the batteries to which
they belonged.
Answer. On the 29th day of November, 1864, the troops under my command attacked a camp of Cheyenne and Arapaho 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 3d regiment Colorado cavalry, under the immediate command of Colonel George L.
Shoup, of said 3d regiment, and about (250) two hundred and fifty men of the 1st Colorado cavalry; Major Scott J. Anthony
commanded one battalion of said 1st regiment, and Lieutenant Luther Wilson commanded another battalion of said 1st regiment.
The 3d 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 1st regiment were armed with Star's and Sharp's carbines and revolvers. The men of the 3d regiment
were poorly equipped; the supply of blankets, boots, hats, and caps was deficient. The men of the 1st regiment were well
equipped; all 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.
4th question. State as nearly as you can the number of Indians that were in the village or camp at the time the attack
was made; how many of them were warriors; how many of them were old men, how many of them were women, and how many of them were
children?
Answer. From the best and most reliable information I could obtain, there were in the Indian camp, at the time of the
attack, about eleven (11) or twelve (12) 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.
5th question. At what time of the day or night was the attack made? Was it a surprise to the Indians? What preparation,
if any, had they made for defence or offence?
Answer. The attack was made about sunrise. In my opinion the Indians were surprised; they began, as soon as the attack
was made, to oppose my troops, however, and were soon fighting desperately. Many of the Indians were armed with rifles and many
with revolvers; I think all had bows and arrows. They had excavated trenches under the bank of Sand creek, which in the
vicinity of the Indian camp is high, and in many places precipitous. These trenches were two to three feet deep, and, in
connexion with the banks, were evidently designed to protect the occupants from the fire of an enemy. They were found at
various points extending along the banks of the creek for several miles from the camp; there were marks of the pick and shovel
used in excavating them; and the fact that snow was seen in the bottoms of some of the trenches, while all snow had disappeared
from the surface of the country generally, sufficiently proved that they had been constructed some time previously.
The Indians took shelter in these trenches as soon as the attack was made, and from thence resisted the advance of my troops.
6th question. What number did you lose in killed, what number in wounded, and what number in missing?
Answer. There were seven men killed, forty-seven wounded, and one was missing.
7th question. What number of Indians were killed; and what number of the killed were women, and what number were
children?
Answer. From the best information I could obtain, I judge there were five hundred 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, after the battle, for the purpose of ascertaining the number of Indians killed, report
that they saw but few women or 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.
8th question. State, as nearly as you can, the number of Indians that were wounded, giving the number of women and the
number of children among the wounded.
Answer. 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 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.
9th question. What property was captured by the forces under your command? State the number of horses, mules and ponies,
buffalo robes, blankets, and also all other property taken, specifying particularly the kinds, quality, and value thereof.
Answer. There were horses, mules, and ponies captured to the number of about six hundred. There were about one hundred
buffalo robes taken. Some of this stock had been stolen by the Indians from the government during last spring, summer and fall,
and some of the stock was the property of private citizens from whom they had been stolen during the same period. The horses
that belonged to the government were returned to the officers responsible for them; as nearly as could be learned, the horses
and mules that were owned by private citizens were returned to them on proof of ownership being furnished; such were my orders
at least. The ponies, horses, and mules for which no owner could be found, were put into the hands of my provost marshal in the
field, Captain J.J. Johnson, of company E, 3d Colorado cavalry, with instructions to drive them to Denver and turn them over to
the acting quartermaster as captured stock, taking his receipt therefor. After I arrived in Denver I again directed Captain
Johnson to turn these animals over to Captain Gorton, assistant quartermaster, as captured stock, which I presume he did.
Colonel Thos. Moonlight relieved me of the command of the district soon after I arrived in Denver, that is to say, on the
______ day of _________, A.D. 186 -, and I was mustered out of the service, the term of service of my regiment having expired.
My troops were not fully supplied with hospital equipage, having been on forced marches. The weather was exceedingly cold, and
additional covering for the wounded became necessary; I ordered the buffalo robes to be used for that purpose. I know of no
other property of value being captured. It is alleged that groceries were taken from John Smith, United States Indian
interpreter for Upper Arkansas agency, who was in the Indian camp at the time of the attack, trading goods, powder, lead, cap,
c., to the Indians. Smith told me that these groceries belonged to Samuel G. Colby, United States Indian agent. I am not
aware that these things were taken; I am aware that Smith and D.D. Colby, son of the Indian agent, have each presented claims
against the government for these articles. The buffalo robes mentioned above were also claimed by Samuel G. Colby, D.D. Colby
and John Smith. One bale of Buffalo robes was marked S. S. Soule, lst Colorado cavalry, and I am informed that one bale was
marked Anthony, Major Anthony being in command of Fort Lyon at that time. I cannot say what has been done with the property
since I was relieved of the command and mustered out of service. There was a large quantity of Indian trinkets taken at the
Indian camp which were of no value. The soldiers retained a few of these as trophies; the remainder with the Indian lodges were
destroyed.
10th question. What reason had you for making the attack? What reasons, if any, had you to believe that Black Kettle or
any other Indian or Indians in the camp entertained feelings of hostility towards the whites? Give in detail the names of all
Indians so believed to be hostile, with the dates and places of their hostile acts, so far as you may be able to do so.
Answer. 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 Arapaho 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 which 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, lst Colorado cavalry,
commanding at Fort Lyon, and Samuel G. Colby, United States Indian agent, who, as they had been in communication with these
Indians, were more competent to judge of their disposition towards 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 (19) 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 the 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.
11th question. Had you any, and if so, what reason, to believe that Black Kettle and the Indians with him, at the time
of your attack, were at peace with the whites, and desired to remain at peace with them?
Answer. 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, lst Colorado cavalry, then in command 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 sentinenls 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. Colby, 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.
12th question. Had you reason to know or believe that these Indians had sent their chief and leading men at any time to
Denver city in order to take measure in connection with the superintendent of Indian affairs there, or with any other person
having authority, to secure friendly relations with the whites?
Answer. I was present at an interview between Governor Evans on the part of the whites, and Black Kettle and six other
Indians, at Camp Weldmar, Denver, about 27th of September, 1864, in which the Indians desired peace, but did not propose terms.
General Curtis, by telegraph to me, declined to make peace with them , and said that there could be no peace without his
consent. Governor Evans declined to treat with them, and as General Curtis was then in command of the department, and, of
course, I could not disobey his instructions. General Curtis's terms of peace were to require all bad Indians to be given by
the Indians for their good conduct. The Indians never complied with these terms.
13th question. Were those Indians, to your knowledge, referred by the superintendent of Indian affairs to the military
authorities, as the only power under the government to afford them protection?
Answer. Governor Evans, in the conference mentioned in my last answer, did not refer the Indians to the Military
authorities for protection, but for terms of peace. He told the Indians "that he was the peace chief, that they had gone
to war, and, therefore, must deal with the war chiefs." It was at this time I gave them the terms of General Curtis, and
they said they had not received power to make peace on such terms, that they would report to their young men and see what they
would say to it; they would like to do it, but if their young men continued the war they would have to go with them. They said
there were three or four small war parties of their young men out on the war path against the whites at that time. This ended
the talk.
14th question. Did the officer in command of Fort Lyon, to your knowledge, at any time extend the protection of our flag
to Black Kettle and Indians with him, and direct them to encamp upon the reservation of the fort?
Answer. Major E.W. Wynkoop, lst cavalry, Colorado, did, as I have been informed, allow some of these Indians to camp at
or near Fort Lyon, and did promise them the protection of our flag. Subsequently he was relieved of the command of Fort Lyon,
and Major Anthony placed in command at that post, who required the Indians to comply with General Curtis's terms,
which they failed to do, and thereupon Major Anthony drove them away from the post.
15th question. Were rations ever issued to those Indians either as prisoners of war or otherwise?
Answer. I have been informed that Major Wynkoop issued rations to the Indians encamped near Fort Lyon while he was in
command, but whether as prisoners of war I do not know. I think that Major Anthony did not issue any rations.
16th question. And did those Indians remove, in pursuance of the directions, instructions, or suggestions of the
commandant at Fort Lyon, to the place on Sand creek, where they were attacked by you?
Answer. I have been informed that Major Anthony, commandant at Fort Lyon, did order the Indians to remove from that
post, but I am not aware that they were ordered to go to the place where the battle was fought, or to any other place.
17th question. What measures were taken by you, at any time, to render the attack on those Indians a surprise?
Answer. I took every precaution to render the attack upon the Indians a surprise, for the reason that we had been able
to catch them, and it appeared to me that the only way to deal with them was to surprise them in their place of rendezvous.
General Curtis, in his campaign against them, had failed to catch them; General Mitchel had met with no better success;
General Blunt had been surprised by them, and his command nearly cut to pieces.
18th question. State in detail the disposition made of the various articles of property, horses, mules, ponies, buffalo
robes, c., captured by you at the time of this attack and by what authority was such disposition made?
Answer. The horses and mules that had been stolen from the government were turned over to the officer who had been
responsible for the same; and the animals belonging to Atzins was returned to them upon proof being made of such ownership. The
animals not disposed of in this way were turned over to Captain S.J. Johnson, 3d regiment Colorado cavalry, with instructions
to proceed with the same to Denver, and turn them into the quartermaster's department. After the command arrived in Denver, I
again directed Captain Johnson to turn over the stock to Captain C.L. Gorton, assistant quartermaster, at that place. The
buffalo robes were turned into the hospital for use of the wounded as before stated.
19th question. Make such further statement as you may desire, or which may be necessary to a full understanding of all
matters relating to the attack upon the Indians at Sand creek.
Answer. 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, Camanche River, 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. Rebel emissaries were long since sent among the Indians to incite
them against the whites, and afford a medium of communication between the rebels and the Indians; among whom was Gerry Bent, a
half-breed Cheyenne Indian, but educated, and to all appearances a white man, who, having served under Price in Missouri, and
afterwards becoming a bushwacker, being taken prisoner, took the oath of allegiance, and was paroled, after which he
immediately joined the Indians, and has ever since been one of their most prominent leaders in all depredations upon the
whites. I have been reliably informed that this half-breed, Bent, in order to incite the Indians against the whites, told
them that the Great Father at Washington having all he could do to fight his children at the south, they could now regain their
country.
When John Evans, governor of Colorado Territory, and ex official superintendent of Indian affairs, visited by appointment the
Cheyenne Indians on the Republican fork of the Kansas river, to talk with them in regard to their relations with the
government, the Indians would have nothing to say to him, nor would they receive the presents sent them by the government, but
immediately on his arrival at the said point the Indians moved to a great distance, all their villages appearing determined not
to have any intercourse with him individually or as the agent of the government.
This state of affairs continued for a number of months, during which time white men who had been trading with the Indians
informed me that the Indians had determined to make war upon the whites as soon as the grass was green, and that they were
making preparations for such an event by the large number of arrows they were making and the quantity of arms and
ammunition they were collecting; that the settlers along the Platte and Arkansas rivers should be warned of the approaching
danger; that the Indians had declared their intention to prosecute the war vigorously when they commenced. With very few troops
at my command I could do but 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 relations existing
between the Indians and the whites, and the probability trouble, all of which I did.
Last April, 1864, the Indians, Cheyennes, Arapahoes, and others, commenced their depredations upon the whites by entering their
isolated habitations in the distant parts of this territory, taking therefrom everything they desired, and destroying the
balance; driving off their stock, horses, mules and cattle. I sent a detachment of troops after the Indians to recover the
stolen property, when the stock c., being demanded of them they (the Indians) refused to surrender the property so taken
from the whites, and stated that they wanted to fight the troops. Again, when a few weeks after the country along the Platte
river, near Fremont's orchard, became the theatre of their depredations, one Ripley, a ranchman, living on the Bijon creek,
near camp Sanborn, came into camp and informed Captain Sanborn, commanding, that his stock had all been stolen by the Indians,
requesting assistance to recover it. Captain Sanborn ordered Lieutenant Clark Dunn, with a detachment of troops, to pursue the
Indians and recover the stock; but, if possible, to avoid a collision with them. Upon approaching the Indians, Lieutenant Dunn
dismounted, walked forward alone about fifty paces from his command, and requested the Indians to return the stock, which
Mr. Ripley had recognized as his; but the Indians treated him with contempt, and commenced firing upon him, which resulted in
four of the troops being wounded and about fifteen Indians being killed and wounded, Lieutenant Dunn narrowly escaping with his
wife. Again, about one hundred and seventy-five head of cattle were stolen from Messrs. Irwin and Jackman, government
freighters, when troops were sent in pursuit toward the headwaters of the Republican. They were fired upon by the Indians miles
from where the Indians were camped. In this encounter the Indians killed one soldier and wounded another. Again, when the
troops were near the Smoky Hill, after stock, while passing through a canon, about eighty miles from Fort Larned, they were
attacked by these same Cheyenne Indians, and others, and almost cut to pieces, there being about fifteen hundred Indians.
Again, when on a Sunday morning the Kiowas and Camanches were at Fort Larned, to obtain the rations that the commanding
officer, on behalf of the government, was issuing to them, they, at a preconcerted signal, fired upon the sentinels at the
fort, making a general attack upon the unsuspecting garrison, while the balance of the Indians were driving off the stock
belonging to the government, and then as suddenly departed, leaving the garrison afoot excepting about thirty artillery horses
that were saved; thus obtaining in all about two hundred and eighty head of stock, including a small herd taken from the
suttler at that post.
Again, a few days after this, the Cheyennes and Arapahoes Indians, with whom I had the fight at Sand creek, meeting a
government train bound for New Mexico, thirty miles east of Fort Larned, at Walnut creek, who, after manifesting a great deal
of friendship by shaking hands, c., with every person in the train, suddenly attacked them, killing fourteen and wounding
a number more scalping and mutilating in the most inhuman manner those they killed, while they scalped two of this party alive,
one a boy about fourteen years of age, who has since become an imbecile. The two persons that were scalped alive I saw a few
days after this occurred within sight of Fort Zarah, the officer commanding considered his command entirely inadequate to
render any assistance. But we think we have related enough to satisfy the most incredulous of the determined hostility of these
Indians; suffice it to say that during the spring, summer, and fall such atrocious acts were of almost daily occurrence along
the Platte and Arkansas routes, till the Indians becoming so bold that a family, consisting of a man, woman, and two children,
by the name of Hungate, were brutally murdered and scalped within fifteen miles of Denver, the bodies being brought to Denver
for interment. After seeing which, any person who could for a moment believe that these Indians were friendly, to say the
least, must have strange ideas of their habits. We could not see it in that light.
This last atrocious act was referred to by Governor Evans in his talk with the Cheyennes and Arapahoes Indians on about the
27th day of September, 1864, at Denver, Colorado Territory. The Indians then stated that it had been dome by members of their
tribe, and that they never denied it. All these things were promptly reported to Major General S. R. Curtis, commanding
department, who repeatedly ordered me, regardless of district lines, to appropriately chastise the Indians, which I always
endeavored to do.
Major General S. R. Curtis himself and Brigadeer General R. B. Mitch
White Flag Slaughter-Sand Creek
Massacre
The Battle of Sand Creek-1st Editorial
The Fort Lyon Affair-2nd Editorial
Testimony of John Smith
Testimony of Colonel J. M.
Chivington
Sand Creek Massacre Names of Those Present