In 1882 the agency was reestablished and provision was made for taking a new census of all Cherokee east of the Mississippi, Joseph G. Hester being appointed to the work.[450] The census was submitted as complete in June, 1884, and contained the names of 1,881 persons in North Carolina, 758 in Georgia, 213 in Tennessee, 71 in Alabama, and 33 scattering, a total of 2,956.[451] Although this census received the approval and certificate of the East Cherokee council, a large portion of the band still refuse to recognize it as authoritative, claiming that a large number of persons therein enrolled have no Cherokee blood.

The East Cherokee had never ceased to contend for a participation in the rights and privileges accruing to the western Nation under treaties with the Government. In 1882 a special agent had been appointed to investigate their claims, and in the following year, under authority of Congress, the eastern band of Cherokee brought suit in the Court of Claims against the United States and the Cherokee Nation west to determine its rights in the permanent annuity fund and other trust funds held by the United States for the Cherokee Indians.[452] The case was decided adversely to the eastern band, first by the Court of Claims in 1885,[453] and finally, on appeal, by the Supreme Court on March 1, 1886, that court holding in its decision that the Cherokee in North Carolina had dissolved their connection with the Cherokee Nation and ceased to be a part of it when they refused to accompany the main body at the Removal, and that if Indians in North Carolina or in any state east of the Mississippi wished to enjoy the benefits of the common property of the Cherokee Nation in any form whatever they must be readmitted to citizenship in the Cherokee Nation and comply with its constitution and laws. In accordance with this decision the agent in the Indian territory was instructed to issue no more residence permits to claimants for Cherokee citizenship, and it was officially announced that all persons thereafter entering that country without consent of the Cherokee authorities would be treated as intruders.[454] This decision, cutting off the East Cherokee from all hope of sharing in any of the treaty benefits enjoyed by their western kinsmen, was a sore disappointment to them all, especially to Chief Smith, who had worked unceasingly in their behalf from the institution of the proceedings. In view of the result, Commissioner Atkins strongly recommended, as the best method of settling them in permanent homes, secure from white intrusion and from anxiety on account of their uncertain tenure and legal status in North Carolina, that negotiations be opened through government channels for their readmission to citizenship in the Cherokee Nation, to be followed, if successful, by the sale of their lands in North Carolina and their removal to Indian Territory.[455]

In order to acquire a more definite legal status, the Cherokee residing in North Carolina—being practically all those of the eastern band having genuine Indian interests—became a corporate body under the laws of the state in 1889. The act, ratified on March 11, declares in its first section “That the North Carolina or Eastern Cherokee Indians, resident or domiciled in the counties of Jackson, Swain, Graham, and Cherokee, be and at the same time are hereby created and constituted a body politic and corporate under the name, style, and title of the Eastern Band of Cherokee Indians, with all the rights, franchises, privileges and powers incident and belonging to corporations under the laws of the state of North Carolina.[456]

On August 2, 1893, ex-Chief Smith died at Cherokee, in the fifty-seventh year of his life, more than twenty of which had been given to the service of his people. Nimrod Jarrett Smith, known to the Cherokee as Tsa′lădihĭ′, was the son of a half breed father by an Indian mother, and was born near the present Murphy, Cherokee county, North Carolina, on January 3, 1837. His earliest recollections were thus of the miseries that attended the flight of the refugees to the mountains during the Removal period. His mother spoke very little English, but his father was a man of considerable intelligence, having acted as interpreter and translator for Reverend Evan Jones at the old Valleytown mission. As the boy grew to manhood he acquired a fair education, which, aided by a commanding presence, made him a person of influence among his fellows. At twenty-five years of age he enlisted in the Thomas Legion as first sergeant of Company B, Sixty-ninth North Carolina (Confederate) Infantry, and served in that capacity till the close of the war. He was clerk of the council that drafted the first East Cherokee constitution in 1868, and on the death of Principal Chief Lloyd Welch in 1880 was elected to fill the unexpired term, continuing in office by successive reelections until the close of 1891, a period of about twelve years, the longest term yet filled by an incumbent. As principal chief he signed the contract under which the school work was inaugurated in 1881. For several years thereafter his duties, particularly in connection with the suit against the western Cherokee, required his presence much of the time at Washington, while at home his time was almost as constantly occupied in attending to the wants of a dependent people. Although he was entitled under the constitution of the band to a salary of five hundred dollars per year, no part of this salary was ever paid, because of the limited resources of his people, and only partial reimbursement was made to him, shortly before his death, for expenses incurred in official visits to Washington. With frequent opportunities to enrich himself at the expense of his people, he maintained his honor and died a poor man.

In person Chief Smith was a splendid specimen of physical manhood, being six feet four inches in height and built in proportion, erect in figure, with flowing black hair curling down over his shoulders, a deep musical voice, and a kindly spirit and natural dignity that never failed to impress the stranger. His widow—a white woman—and several children survive him.[457]

BUREAU OF AMERICAN ETHNOLOGY NINETEENTH ANNUAL REPORT PL. X

PHOTOGRAPH, 1886

CHIEF N. J. SMITH (TSALĂDIHĬ′)