However, the Sturges Treaty proposed to sell the 8,000,000-acre (32,000 km2) Osage Diminished Reserve to the Leavenworth, Lawrence, & Galveston Railroad Company directly, at a price of 20 to 25 cents per acre.
And to defray the expenses of said removal, and to aid in the subsistence of the said Indians during the first year, there is hereby appropriated out of the treasury, out of any money not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, the sum of fifty thousand dollars, to be reimbursed to the United States from the proceeds of the sale of their present diminished reservation, which lands shall be open to settlement after survey, excepting the sixteenth and thirty-sixth sections, which shall be reserved to the State of Kansas for school purposes, and shall be sold to actual settlers only, said settlers being heads of families or over twenty-one years of age, in quantities not exceeding one hundred and sixty acres [65 ha], in square form, to each settler, at the price of one dollar and twenty-five cents per acre; payment to be made in cash within one year from date of settlement or of the passage of this act; and the United States, in consideration of the relinquishment by said Indians of their lands in Kansas, shall pay annually interest on the amount of money received as proceeds of sale of said lands, at the rate of five per centum, to be expended by the President for the benefit of said Indians, in such manner as he may deem proper.
And be it further enacted, That there be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, as compensation to Osages for the stock and farming utensils which the United States agreed to furnish them by the second article of the treaty of January eleven, eighteen hundred and thirty-nine, and which were only in part furnished, twenty thousand dollars; and as compensation for the saw and grist mill(s) which the United States agreed by said treaty to maintain for them fifteen years, and which were only maintained five years, ten thousand dollars; which sums shall be expended, under the direction of the Secretary of the Interior, in the following manner: Twelve thousand dollars in erecting agency buildings, a warehouse, and blacksmith's dwellings, and a blacksmith shop, and the remaining eighteen thousand dollars in the erection of a schoolhouse and church, and a saw and grist mill at their new home in the Indian Territory.This legislation led to the Drum Creek Treaty of 1870 with the signing of this treaty completed on September 10, 1870.
"When the ratification of the treaty fell upon the shoulders of the U.S. Congress, it would be Kansas Senator Sidney Clarke who would raise the loudest voice, not in the name of the railroad but in the rights of the agrarian settlers.
Congress quickly ratified Clarke's Indian appropriation bill, and settlement immediately sprang up while the railroad continued its southward progression.