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'ladihi', 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.
Public-domain text, read in full here on John Shaqi.
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