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?"