New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-09

IlNCEBACkS APPEAL TO TIE SLNA lE'
His MEMORIAL TO BIZ PRESENTED TO THE SENATE
HIS CLAIMS TO RECOGNITION AS A sENAT0R-AN
APPEAL FOR SPEEDY ACTION UroN HIS cEEDEN-
TIAIs-THE EVIL OF DELAY.
TIE following is =. b. s. PinchbaCks memo
rial to the Senate asknga speedy consideration OF his
credentials as Uncd States Senator from LOUISIANA
which was presented by Senator West yesterday:
10 The Honorable President and Members Of TIE Senate
Of ne UHitcd States: Your memouailst respectfully
represents that IN JlLuary 1873, as pIOvdcd ny lhr
Constitution ana laws, ne duly elected a Senator
fcom he state OF Louisiana for six years. beginning
Pit Kellogg Governor Of The state OF Louisiana, ana
aesed 10y the Secretary Of State with the great seal o.
consideration and action OF the honorable senate OF the
Umied States. aud referred TO the Senate Committee
Privileges and Elections Tue honorable G. multtce
fdilnG To agree ON report the chairman tu'rPo.
moved the admission OF your memorable on the p.md
fGcie made by tho CREDENTIALS Tescyng for su>e-
quent ConslJerGtOn 10y the Senate any questions mat
ton. Subsequently other motions, original and amend
atory, were rR.rcd the honorable Senate, involving
rot only the G. lm of your menOralist but the merits
OF the socahcd Louisiana case, and dhcusslohs
more or less elaborate aud continuous have Lccl
mad IN ,pe honorable ssha'e on me a a"roSuir
it, having bcru subjected to Injurious anonymous At
tcks, on the alleged 6rodrd tba! IN delay 10 the Sola
ton Oi this question, 10 some extent referred 10 per
s0nal oiJrclous to him. pending any opportunity 10
Wind 3'e hiEsclf against his nous aSNtn's was
unanimously iudJised by the Legislature OF Lousllna
in its session OF le7l and again IN January 100 the
Legislature rejected him to the Ultd states st,aW'
as though II case OF vacancy, WIN great uhdhlIlF'
Your mcmorialist, admitting the hiormahty ~ toHe
respects H. wnich tnc Will OF the MAJORITY OF Tue IiGa
Of Louisiana aSccraiucd. relative 10 me
STATE officers elected November, 1872, alleges ana be
evcs a. at prcqcnt informed that the State Govern
mcn winch Gov. kellogg l. the head. aud tht Gene
rat Assembly meeting az the Mechanics institute, New
Orleans, January 1873 were really elected, and the
choice OF the people, such entitled to perform the
functions Of STATE Government, including an election
by the legislature OF a senator OF the United States
Your mcmOlialst further represents tLat ne PreSl-
dent OF the United states through the hOhofalc AtO-
new GENERAL aid officially racosuIz > AS VIII appear ia
-,
lawful Executive Of louisiana" and "the BODY assem-
tiled at Mechanics Institute as tue la"il LEi'ttulc
the state ana that similar recognition Was suDse-
quCny and in various ways extended TO h- successor
in Office, VIM. Pit llogg; and that the action
II the President was lnienucd to be, ana actually
was, settlement OF tho political question involved
in the Louisiana relative to the state GOVerh-
Incnf aus determination Uy the Executive may nave
been PROVISIONAL IN that subject 10 nc revision Vi
Congress but failure OF the honorable Congress TO
take action eituer IN revising reversing tAc lcCoShi-
ton OF the President gave Sach definite ana pcTh,'I
char ctcr to the settlement as to have eitite It to be
considered by all parties elusive ana Hai-'nch
settlement a. would not only drm1hd recO=ullloA -
the people OF the authority Of the State Executive, but
render Tue LEGISLATURE competent to eject senator,
allie e.pa e Of he CAcd States. /, appears Jour
memoria.Ist that acuon OF the President WAS de-
sIgncd TO give, ami N the ab-'ncc OF revision ~ Coz"
prr,. did tyc not a Dc GlctD" but "0c JTe" cAar-
ac;er to tie state Government OF Louisiana. az Is eYi
dent, only 10y the language used IN inc uspdcn u
The General nut Ia The TACT that Ouly the
Executlyc, but tho Legislature that eltcted your
IL, u.Or.1l,t. i dcclr"d To lie "ldHIu' 1""r me
u,Tli,. can conceive condition VI tAiuSs la witch
executive functions might b. cstImaIeiy sustained
uruug an inquiry InO the ltVii.ncS' OF MS lt-iS
" de faciD dfT but he il at loss TO conceive ne pro-
prriy OF appyIng Tie phrase de tuctJ 10 ic-.N|-
i've h0ny cu LrcscHjU@ The popular severe uIN,
must be- &c jHre noting ne JtctO voter and de
tactO l. g,satIe are equally appropriate ana iIte'H-
gIulc phrases $780,. ri =,
taie whether called de JdctO or de Jre, tt T. so Iir
l!Wfu b. qualified pasS, auiuOrtaNF'iN, uPou
the returns by which Governor ana Lieutenant 10y
crror nave been in, ALE d ana kept IN Office ncc Jan
u,r 1913: tlat has made laws for the same prlIOl al
feeling aud controlling Tie lr, liberty ~: perry, aGd
mn he srcIrItY OF Commonwealth ana lhtt las
icen recoriZsd ana It's administration OF pIic dhds
sustained by the supreme Judicary or s.d Stt'e-1
tril unal cxistant before aad outside OF the
urc,,ut controversy relative TO the state govern
cu and soIt dc pendent, for ltS autLofty 'poi
the either party 10 the Coh;cai-ir Ntlohil
Executive meanwhile sustaining both said STATE lN"c'-
LegislaturciS competent not only 10 eject
Senator United States, Uut - enili5d 10 nav is
acton cicctiJu resp cted by tie LunOrthc sen
Statrs. Your mCmJrIlIst turthct re-
uic,,nts tudt the delay on the pant OF the hohOGaDc
~ nate IN taking CSiyc action on tue Boul-lta case
ma, not only been used by hi' enemies 70 can Ee lI5
&, od name aud destroy his Influence but has Cic"td
Iount IN tue popular mhd relative 10 yhc
validity OF tue present state G1NcrLiHnnt OF
louisiana which has greatly tended u PROSTATE the
blucss and Industries OF the state, and TO disturb the
Public quiet aud o:!cr oi society," A malt - mere
lore iutu.vug not uny las personal MATS ard tut 10
Office but a., question aiiccu the r~Ht @! Loui Idua
10 ui PR sehttion III inc Se"ae % tIc UnrJ Sat's-
and as important to the peace aLd PROSPERITY Oi "e
Sflt., yOur mrmOralist wound lc,pLCtluiY ANA earn
T., ty AJAX drni,c amt coy acpn upon AS ticdc!lAs
as senator e.rc. !TUiH tuC state Ot LOUISIANA.
L. b. :. FIECHBACK.