The New York herald., 1877-12-10
PINCHBACK'S RESIGNATION.

AIAh VI IdE oUPthFLuOUs DSCuMENi- SI-
WE'RE REFLECTIONS ON THE ALLEGED INCoN-
sIsrENCY OF REPUBLICAN sENAroRs--KEL-
LoGG's TITLE CONSIDERED.
WASHINGTON Dec. o, 1877.
Tho following is tho letter Of T. B. s. Pinchback TO
Governor Nichols announcing his retirement from
the contest Tor scat the United States Senate as
Senator from Louisana:-
wAsuIsGToN, d. c., Dec. s, 1877.
To His Exccllency FRANCIS I. NICHOLAS Governor OF
the Stale OF Lous'ana:-
sIR-Un the l4,h day OF January 1879 was elected
by the General Assembly OF The State OF LOUISIANA
United States Senator for the term beg ming March
a. 1873 anu my credentials, duly signed by Gov
ernor and attested by the Secretary Of STATE with the
seal of the state attached, were presented 10 The
Senate OF tho United States On the 18th OF January,
1875, and pending Tho action OF The United States
Senate on the credentials of 1873 to cover what
be deemed any irregularty ia the hrst action, the
General Assembly OF Louisiana reelected me Senator
W. though case OF u vacancy, and my second Gre
dentals duly signed by the Executive ana attestcd
by the Secretary OF state with the seal OF tho State
attached, were presented 10 the Senate.
ACTION OF THE SENATE
In February, 1876, the Senate passed on my
dcntals Of 1873, aud by vote oi 20 to u resolved
Louisiana Tor the term OF six years, from March T.
1873, leaving nevertheless, tho credentials OF 1875
st before the senate, and the title created by tho
election oil that year undetermined Ny defeat in my
first contest was recrablo TO the votes OF
publican Senator's and on the alleged ground that tho
Returning Board that gavo certificates the members
Of the General Assembly Of 1873 was rtona
and the Legislature organized thereon illegal
TIE CREDENTIALS OF 1875
With the credentials 1875 s,l pending before the
Senate and ncrrpg from the action OF the Senators
above referred 70, relative TO the powers aud dccis
tons OF the Electoral COMMISSION, ana moro recently
from their seating William Pitt Kellogg, that the
opinions OF these gentlemen as To tho constitutional
powers OF the Returning Board IN the OF crca
Ing a Legislature had undergone change. deter
m,ncd TO make second contest for my seat In
no psS.sc. ssns.s Ana msS the COMMITTEES
republican members, have however, reported
that james b. Eusts is lawfully entitled to seat IN
the United States Senate Tor the unexplrcd term for
which was elected Not willing, under the circum-
Stances, TO continue this contest by seemingly
iac,ious opposition embarrass Mr. Eusts and deprive
the State Of her due represents alton, now, respect
fully, tender to you, as Chief Executive Of Louisanu,
my resignation.
INCONSISTENT ACTION OF SENATOR'S.
deem u proper IN this connection, us matter OF
justice myself and to my riends direct
10 the exceptional action had In my case especially
the same appears IN contrast with the prompt und
partisan support OF Governor Kellogg. | admit that
there were Irregularities attaching TO The
of the General Assembly OF 1878 Of such character
rs to put IN question to some extent the legal status
OF such General Assembly lis members borc creden-
tias from returning board whose legal character was
determined und recognized by the Supreme
Court OF Louisiana: but from tho opposition
OF Governor Warmoth, the custodian ol the returns
oil the election they were unable 10 obtain possession
OF said rcturns, and their action In making the can
vass and PRONUNCIATION OF votes was to some extent
based upon statements and certificates Of votes tur
nished by the United States supervisors. and other
secondary evidence. Necessarily their decisions ere
TO some extent conjectura and uncertain but the
the necessities OF the case allowed; and the Legislu
ture thus declared WAS authorized under the consttu
tion 10 cure and determine any detects that might
exist In the title OF It's membership
STATUS OF THE LEGIsLArURE.
This body actually existed for its constitutional term
oftwo years. enacted the legislation that governed the
State for that period and was deemed OF sufficient
validity 10 and declare tho Governor
and Lieutenant Governor and the executive officers
State aud by the President or the Uni,ed
states. but exercised their functions within the
State for tho full term Of their o1ce. suppcmcnting
these considerations by the further fact
was largely republican In It's masses believed that
rs Senator elect not only represented the popular
will OF thc State, but possessed q title substantially
legal and valid, yet submitted TO the decision OF the
Senate on the assumption tnat honorable Senators
were not only honest IN the grave constitutional OBJ
jcctions that they raised but far acting from
conviction as would authorize tho expectation OF cou.
sstcncy OF conduct when a similar should be
presented tor their consideration.
KELLoGG's TITLE.
Now, l 1nd, when Governor Kellogg presents q
claim essentially like my own, but weaker, that ,ho
gentlemen who so earnestly combattcd my claim
promptly ana without hesitation admit and defend
hia The Packard Legislature, so-caed, derived It's
credentials from the legal Returning Board, and said
Board, unlike that OF 1873 could be specific aud def.
mite IN It's promugation OF the eleclio but as mat
OF fact, from lack Of knowledge but OF choice
excluded men who had received majority of the
votes cast as appeared from the official returns before
them sufficient In number TO destroy a quorum in
each House They thus, by the practical disirail-
chsemcDt OF the citizens, created Legislature which
could not exist except by the defeat OF the popular
VII. Ino Assembly OI 1919 may nave Inadvertently
and by the enforced ignorance OF the only tribunal
competent 10 act In the premises had men in 1t not
omitted to sit therein, but tie Packard Assem-.
bly,, In It's Senate and in its House,
held members In sufficient numbers TO havc bro en-
the quorum IN each, who were put there, 10 tho
knowledge OF tho Returning Board, not only without
having received majority OF votes, but TO the ex.
cluslVn of other men who were well understood 10
have been elected This Assembly passed away In q
few weeks, without leaving behind II us evidence
OF Its existence single living statute. An election
by such BODY, certified to BY Governor
Packard, whose title was as buseless and whose
tenure OF oiice was as uncertain as his General
Assembly, makes, prima fac.e and It's merits
the case OF Governor Kellogg 1t taxes both my
credulty and charity to concede either sincerity or
consistency to republican Senators who SO earnestly
opposed my claim from 1873 to 1885, and SO promptly
and sodiy supported tho new Senator from LOUIS
lana
In Withdrawing from this contest cannot refrain
from expressing my heartfelt gratitude 10 the mem.
bers OF the Senate who have consistently and bravey
sustained me In my Efforts TO secure my rights aud
to the State and people Of LOUIS ana
have tho honor, SIR, 10 be- your most obodcnt ser
want, +. u. s. PINCHBACK.