Old Major Bridger, the celebrated scout, and Jack Stead,[63] the interpreter of the Commission, had no faith in the propositions of some of the chiefs, notably Black Horse, who agreed to accept the proposition of the Commission and ally themselves with the whites. These chiefs were the representatives of over a hundred lodges; they had been out on a hunt when they met Red Cloud who stated to them that they must join the Sioux and drive the white man back. To their honour be it said, these chiefs kept their word and fulfilled to the letter the pledges to keep the peace which they had given the Commission.

Following the so-called treaty a series of depredations was made by discontented bands of Indians, and culminated in the massacre of troops near Fort Phil Kearny. The following account of this fight is taken from Senate Document No. 13, 1867:—

On the morning of December 21 the picket at the signal station signalled to the fort that the wood train was attacked by the Indians, and corralled, and the escort fighting. This was not far from 11 o'clock A.M., and the train was about two miles from the fort, and moving toward the timber. Almost immediately a few Indian pickets appeared on one or two of the surrounding heights, and a party of about twenty near the Big Piney, where the mountain road crossed the same, within howitzer range of the fort. Shells were thrown among them from the artillery in the fort, and they fled.

The following detail, viz., fifty men and two officers from the four different infantry companies, and twenty-six cavalrymen and one officer, was made by Colonel Carrington. The entire force formed in good order, and was placed under command of Brevet Lieutenant-Colonel Fetterman, who received the following orders from Colonel Carrington: “Support the wood train, relieve it, and report to me. Do not engage or pursue Indians at its expense; under no circumstances pursue over Lodge Trail Ridge.” These instructions were repeated by Colonel Carrington in a loud voice, to the command when in motion, and outside the fort, and again delivered in substance through Lieutenant Wands, officer of the day, to Lieutenant Grummond, who was requested to communicate them again to Colonel Fetterman.

Colonel Fetterman moved out rapidly to the right of the wood road, for the purpose, no doubt, of cutting off the retreat of the Indians then attacking the train. As he advanced across the Piney, a few Indians appeared in his front and on his flanks, and continued flitting about him, beyond rifle range, till they disappeared beyond Lodge Trail Ridge. When he was on Lodge Trail Ridge, the picket signalled the fort that the Indians had retreated from the train; the train had broken corral and moved on toward the timber. The train made the round trip, and was not again disturbed that day.

At about fifteen minutes before twelve o'clock, Colonel Fetterman's command had reached the crest of Lodge Trail Ridge, was deployed as skirmishers, and at a halt. Without regard to orders, for reasons that the silence of Colonel Fetterman now prevents us from giving, he, with the command, in a few moments disappeared, having cleared the ridge, still moving north. Firing at once commenced, and increased in rapidity till, in about fifteen minutes and at about 12 o'clock M., it was a continuous and rapid fire of musketry, plainly audible at the fort. Assistant Surgeon Hines, having been ordered to join Fetterman, found Indians on a part of Lodge Trail Ridge not visible from the fort, and could not reach the force there struggling to preserve its existence. As soon as the firing became rapid Colonel Carrington ordered Captain Ten Eyck, with about seventy-six men, being all the men for duty in the fort, and two wagons with ammunition, to join Colonel Fetterman immediately. He moved out and advanced rapidly toward the point from which the sound of firing proceeded, but did not move by so short a route as he might have done. The sound of firing continued to be heard during his advance, diminishing in rapidity and number of shots till he reached a high summit overlooking the battle-field, at about a quarter before one o'clock, when one or two shots closed all sound of conflict.

Whether he could have reached the scene of action by marching over the shortest route as rapidly as possible in time to have relieved Colonel Fetterman's command, I am unable to determine.

Immediately after Captain Ten Eyck moved out, and by orders of Colonel Carrington issued at the same time as the orders detailing that officer to join Colonel Fetterman, the quartermaster's employees, convalescents, and all others in the garrison, were armed and provided with ammunition, and held in readiness to reënforce the troops fighting, or defend the garrison.

Captain Ten Eyck reported, as soon as he reached a summit commanding a view of the battle-field, that the Peno Valley was full of Indians; that he could see nothing of Colonel Fetterman's party, and requested that a howitzer should be sent him. The howitzer was not sent. The Indians, who at first beckoned him to come down, now commenced retreating, and Captain Ten Eyck, advancing to a point where the Indians had been standing in a circle, found the dead naked bodies of Brevet Lieutenant-Colonel Fetterman, Captain Brown, and about sixty-five of the soldiers of their command. At this point there were no indications of a severe struggle. All the bodies lay in a space not exceeding thirty-five feet in diameter. No empty cartridge shells were lying about, and there were some full cartridges. A few American horses lay dead a short distance off, all with their heads toward the fort. This spot was by the roadside, and beyond the summit of the hill rising to the east of Peno Creek. The road, after rising this hill, follows this ridge along for about half or three-quarters of a mile, and then descends abruptly to Peno Creek. At about half the distance from where these bodies lay to the point where the road commences to descend to Peno Creek was the dead body of Lieutenant Grummond; and still farther on, at the point where the road commences to descend to Peno Creek, were the dead bodies of the three citizens and four or five of the old, long-tried, and experienced soldiers. A great number of empty cartridge shells were on the ground at this point, and more than fifty lying on the ground about one of the dead citizens, who used a Henry rifle. Within a few hundred yards in front of this position ten Indian ponies lay dead, and there were sixty-five pools of dark and clotted blood. No Indian ponies or pools of blood were found at any other point. Our conclusion, therefore, is that the Indians were massed to resist Colonel Fetterman's advance along Peno Creek on both sides of the road; that Colonel Fetterman formed his advanced lines on the summit of the hill overlooking the creek and valley, with a reserve near where the large number of dead bodies lay; that the Indians, in force of from fifteen to eighteen hundred warriors, attacked him vigorously in this position, and were successfully resisted by him for half an hour or more; that the command then being short of ammunition, and seized with panic at this event and the great numerical superiority of the Indians, attempted to retreat toward the fort; that the mountaineers and old soldiers, who had learned that a movement from Indians, in an engagement, was equivalent to death, remained in their first position, and were killed there; that immediately upon the commencement of the retreat the Indians charged upon and surrounded the party, who could not now be formed by their officers, and were immediately killed. Only six men of the whole command were killed by balls, and two of these, Lieutenant-Colonel Fetterman and Captain Brown, no doubt inflicted this death upon themselves, or each other, by their own hands, for both were shot through the left temple, and powder burnt into the skin and flesh about the wound. These officers had also often-times asserted that they would not be taken alive by Indians.

In the critical examination we have given this painful and horrible affair, we do not find of the immediate participants any officer living deserving of censure; and, even if evidence justifies it, it would ill become us to speak evil of or censure those dead who sacrificed life struggling to maintain the authority and power of the government and add new lustre to our arms and fame. . . .