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1 , JOHN INTSRVIW J. ".- ' < 1 8 1

2 B 1 - : >? MO&lEBHAY, JOHN.. INTERVIEW John McGilbray, As enrolled on Creek rolls, Yahola Harjo, Tribal name. Yahola, Oklahoma. Indian-Pioneer History Jas. S. Buchanan, Field Worker July 28, 1937 interview with John McGilbray Yahola, Oklahoma. I was born June 14, 1890, one-half mile southwest of where the little town of Yahola now stands'. My father was Fredrick Severs, white, adopted Creek. My mother was Rose McGilbray, full blood Creek, the daughter of Weilie and Hoktee. The tribal names, Weilie and Hoktee, were the only names my grandparents had* At the beginning of the Civil V/ar my grandfather, Weilie, ~ I.,, M. joined the Confederate Army which proved to be the separation of my grandparents, as my grandmother was taken north with. other Creek Indians by Opothleyaholajitoere she.remained three years. She returned to the Indian Territory with other Creek ^ refugees after the War, and with her during that time was my mother, only a small child, Weilie died near Muskogee during the War, afflicted r with the amall-pox.. My grandmother, Hoktee, was born In Alabama and was a sister-of Yahola Hurjo. They, with another sister by the

3 MoGILBRAY, JOHN. INTERYJEff.. 694& name of Sally, were brought to the Indian Territqiy during the early thirties in the first emfigration of the Creeks, Yahola Harjo being a young man at the time. Yahola Harjo became the most prominent medicine man and counsel of the Creek Nation. His people would come from all parts of the Nation for his counsel and to be treated. He was also a close friend of Chitto Harjo, or ^ "Crazy Snake". X recall many times I have seen isparhechar v call at the home of Yahola Harjo for counsel, as Yahola was a great friend of I&parhechar, and like most of the Creek Indians considered Isparhechar one of the greatest chiefs the Creeks ever had. At ieast he proved loyal to hia people and could never be bought and handled by the dishonest politi- '. clans and the private interests. Chief iaparhechay and his followers bitterly opposed the Dawes Commission and the abolition pf the Creek government, in 1907,after several conferences had been held between the Dawes Cenmiasion and Creek Council, Isparhecher, then Chief, asked the council to recall the delegates that had been selected to treat with the Commission concerning.in hia plea to the council; 4 the allotments of land and said

4 - ; / " M0GILBRA7, JOHN. INT^BVIBW. : 6943 ^ c "I have ever honored the United States as my greeft, goodfather; I have faced the bullets of her enemies in defense of. r * her stars and stripes, and I trust in the sear and yellow leaf of my life I shall not be doomed to see a sacrifice of this v loyalty by breaking up the homes of myself and my people." Those words spoken by Isparhechar expressed the sent!- ment of the Creek people as well as his closest friends', in- *. eluding Yahola.'Harjo*., * However, due to the great influence of General Pleasant ' Porter, the council refused.to recall the delegates and negotia- 'tion continued, providing for the individual allotment of Creek lands JB the winding up of the Qreek tribal affairs, which was a cru9htnlrbl^w~^^st^hetjhe^^ for several months remained in silent aeclusiin. depressed and During his long ' silence there were many wild rumors as to'.what isparheohar'tr next move uould be. However, in February, 1898", he made the following- > public statement:. / ^ "Okmulgee, l» T»rPebruary 15, 1898 # I see in the publlo prints much surmising concerning myself» Some think I have retired to my country home to saw wood; sthers that I* have accepted <* «* * the inevitable without a further struggle; and still others say

5 * - -I, JOfiH. that I am planning either war or a general exodus of my' f people to Mexico. v ' * None of' these aunaiaes df^tur^a ms jr v. ' * the least, for I do not regard them as more than the 7 idle*--'. *... «*'» passing wind. Yet, inasmuch as my silence.seems to annoy / some, people I will now.aalc you to givetbfe public-my- vievrs of ths situation as L now see it. The United States, " Government has -by its late acts of. Congress abrogated the treaties heretofore made with the Indians of the Indian Territory, disregarding their wishes and ignoring the,ir treaty rights. I feel that this is an assumption of power lauthorized by the organic laws of the American Union, and simply a declaration of war, which would be resisted as such ^treatoent was agalbat^t^e~s~!milar"tiguta of any nati\>n other than the weak, defenseless tribes of the Indian - V * ' ' Territory. m other words it is a challenge of power without affording the Indians any weapon of defense. is simply a.target to stand up and be shot' down. The Indian This is not fair. L^t the Indian have an equal show and, if.he then proves himself- ari\ unequal match, hia defeat cannot be charged to unfairness., it has ever been the boast of Americans that, above all other things; they love fair play, equal rights, to the

6 McGILBRAY, JOHN, INTERVIEW * humblest other citizens at all tines, but I ask in all candor, is such tie fact regarding the Indiana at this time?' Ta it fair that the Creeka shall be denied the use, of their moneyxto use as they please? Are they riot free bom, and entitled to the exercise of tha, sights guaranteed to a free people? Yetvre, the Creeks, are denied the use of the means necessary to protect o^r rights in the courts > of the United States. The great president of a free people says we cannot have the money to test our constitutional rights in the courts. Thus it seems that we, the Creeks, * have no right of self-control, and are to be dealt with as little children only.. "Isparhecher." (Note- The foregoing open letter by Isparhecher is copied - with the permission of Mr. McGilbray. ) Regardless of the bitter protest of Isparhecher and his followers, negotiations between the Creek delegates and the Dawes Commission continued, and in March, 1900/ an agreement *as reached providing for the individual allotment of Qreek lands and the winding up of Creek tribal affairs, which was the death knell of the tribal government.

7 187 MoGlLBRAY, JOHN. INTERVIEW. 6943" 6 in March., 1901, Congress passed an act conferring United States citizenship upon every Indian in the Indian Territory. This act was accepted by the followers of Isparhechtr with' no less contempt than the individual allotment of lands and winding up of the tribal affairs by the Dawea Conmission. Tahola Harjo, like'many other of the old time full blood Creeks, refused to recognize the Dawes Commission and would not present himself at the Indian agency for registration, or file for an allotment of land. However, after several months of his steadfast refusal to file, the Indian agency filed for him and allotted to him his old cjaim ubich he established in the early days of the Indian Territory, and upon which he was living at tae time. It was on this original homestead that Tahola Harjo spent his remaining years, and at his death, which occurred June 22, 1913, he was burled at his home place ab#ut thirty feet west of his house, the location he selected and where he requested his relatives and friends to see that he was buried.

8 MoGILBRAY, JOHN. INTERVIEW Yahola Ear jo married when ho was a young man and two children were born to htm. He suffered the loss of his wife and both children before the Civil War and never married again and spent the remainder of his life alone at Ala homestead where he died and was burled threequarters of a mile south of the little town of Yahoia that was named in his honor* At the close; of. the Civil War, my grandmother, Hoktee, returned to the Indian Territory with my mother ifco was only a child, at the time. They ntade their home with distant relatives by the name of McGilbray, end later assumed the name of McGilbray. At the time of her marriage to Fredrick Severs, due to Fredrick Severs having another living wife, which was permissible under the Creek laws, my mother never assumed the name of Severs but retained the name of McGilbray, and when she filed in the Creek enrollment, she filed under the name of McGilbray; hence, my name John McGilbray. I was reared nere at the place of my birth and am now living on the oil original claim established by farsey McGilbray in the early days, and allotted to him when the

9 McGlLBRAY, JOHN. DTTEBVIEW Creek allotments were made* In 1912 I was married to Lizzie 3mith", full blood Creek, tlie daughter of Wilie and Rhoda Smith of Hanna, Oklahoma. Seven children -were born to us, six now living as follows: Minnie, Mattie, John Jacob, Joe, Minnie Jean and Jacob. My wife died January 10, 1927, and is buried in the Hillultoee Creek cemetery three miles eaat of Hanna. Since the death of my wife I have continued to reside on the old homestead, farming and providing a home and educating my children* \

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