The Drum Creek Treaty

On May 27, 1868, the Drum Creek treaty, negotiated by Wm. Sturgis, authorized the sale of 8,003,000 acres of Osage land to a railroad company for $1,600,000. The treaty faced strong opposition from settlers and Congressman Sidney Clarke, leading to its withdrawal in 1869, ultimately opening the land for settlement.

By John S. Gilmore

On May 27th, 1868, a treaty with the Osages was concluded on Drum Creek, Montgomery county, for the disposition of the Diminished Reserve, or thirty-mile strip. This was popularly called the Drum Creek treaty or the “Sturgis treaty.” Wm. Sturgis was the controlling spirit in its negotiation. By its terms the entire Diminished Reserve, comprising 8,003,000 acres was to be sold to the Leavenworth, Lawrence & Galveston Railroad Co. for $1,600,000, or a fraction under 20 cents per acre. It was understood that Sturgis would be the indirect beneficiary of this stupendous wrong. The treaty was a premeditated, thoroughly planned and successfully executed fraud from its incipiency up to the stage of its submission to the United States Senate for ratification. It was even more—a brazen steal, so extensive as to be infamous—and the officials, politicians and leading men who approved or aided and abetted in the attempt to carry it out deserved to be buried so deep under popular obloquy that they would never again publicly show their heads. The Indians were no doubt unduly influenced by the promoters and retainers of the L. L. & G. railroad company. The treaty commission, with special interpreters, Indian agents, and advocates of the scheme had gone into the Indian country accompanied by a detachment of the Seventh U. S. cavalry commanded by Capt. Geo. W. Yates. (Yates and his troop went down to death with General Custer on the Rosebud, June 25th, 1876.) The commission comprised N. G. Taylor, President; Thos. Murphy, Geo. C. Snow, Albert G. Boone and A. N. Blacklidge, Secretary; with three interpreters. Those signing the treaty by way of attesting the signatures (X marks) of the Osage chiefs and their adherents were Alex. R. Banks, special U. S. Indian agent; Geo. W. Yates, Captain Seventh cavalry; M. W. Reynolds, reporter for commission; Charles Robinson, I. S. Kalloch, Moses Neal, W. P. Murphy, Wm. Babcock and the interpreters, Alex Beyett, Lewis P. Chouteau and Augustus Captain. The first Osage X mark was under the title of Joseph Paw-ne-no-pashe, White Hair, principal chief, followed by the Indian names of 106 other chiefs, councilors and braves of the Big and Little Osage tribes. Of Indians signing the document who were known by many Montgomery county pioneers were Black Dog, Little Beaver, Xopawalla, Strike Ax, Wyoliake, Chetopah, Hard Robe, Watisanka and Melotnumni (Twelve O’clock). Little Bear was dead.

By the time this treaty reached the Senate the settlers on the reserve were aroused and their friends throughout the State and many newspapers shared openly their feeling and espoused their cause. A determined fight was made against the ratification of the treaty, led by Hon. Sidney Clarke, Kansas’ sole Congressman. Both Senators were silently for the robber measure. Senator E. G. Ross, a year later, reported it to the Senate so amended as to divide up the lands with other railroad companies, without adding to the price or making any provision for the interests or rights of the settlers. But Congressman Clarke did not relax in his bitter opposition. He brought to light the objectionable and unjust features of the treaty, stood for the opening of the reserve to actual settlers as the Trust Lands had been opened, and as a result of his protests and efforts and at his request General Grant, soon after becoming President, on March 4th, 1869, withdrew the treaty from the Senate.

Sidney Clarke framed and offered in the House the section in the annual Indian appropriation bill, approved July 15th, 1870, which opened the Diminished Reserve to actual settlers only at \$1.25 per acre, excepting the 16th and 36th sections, which were reserved to the State of Kansas for school purposes. After a two years’ contest he had prevented the consummation of the greatest swindle on Indians and settlers alike ever concocted in Kansas. The railroads, losing the rich prize which seemed almost securely within their grasp, combined in the campaign of 1870 against Clarke and defeated him for renomination for Congress.

At a council held on Drum Creek in September, 1870, arrangements were effected for the final removal of the remaining Osages to their new home in the Indian Territory, just south of the Kansas line. By the act approved July 15th of that year the President had been directed to make such removal as soon as the Indians would agree thereto. They went.