Pinchback Retires

The following is the letter of P. B. S. Pinehback to Gov. Nicholls, announcing his retirement from the contest for a seat in the Uuited States Senate as Senator from Louisiana: Washington, D. C, Dec. 8, 1877. To HiB Exccllency, Francia T. Nlcho'lp, Govemor of the State of Louipiann : Sib: Outho 14th day of January, 187:1, Iwas elejted by the General Assembly of tho Stato of Lotiisiana United States Senator for the term beginning Mareh 4, 1873, and my credentials, dnly signed by the Govomor aii'i attested by the Secretary of Stato, with the eeal of the State attached, "wero presented to the Senate of the United States. Ou the 13th day of January, 1875, ana pending the actiou of the United States Senato on tne credentials of 1873, to cover wbat mifjht bo deemed any irregularity in the first aetion, tho General Assembly of Louisiana re-eleeted me Senator as tbough in case of a vacancy, and my second eredentiils, duly Bigned by the Executive and attested by Oio Secrctary'of State, with tho 8eal of tho State attached, woro presented to the SeDate. In February of 1876 the Seuate passed on my credentials of 1873, and, by a vote of 29 to 31, resolved "that P. B. 8. Pinchback be not seated Senator from Louisiana for the term of six years from March 4, 1873," leaving, nevertheless, the credeutials of 1875 still beforo tho Senate, and the title creatcd by the election of that year undetermined. My dofeat in my first content was referablc to the votes of certain Kepublican Senators, aud on the alleged ground that the Ketnrning Board that gave certificates to the membera of the General Assembly of 1873 was uneonstitutional. aud tho Legislature organized thereon illegal. With the credenthls of 1875 still pending hef ore the Senate, and inferring from the aetion of the Senator above referrod to, relativo to the powers and decisions of the Electoral Commission, and more recently from their stating William Pitt Kellogg, that the opinions of these gentlemen as to the constitutional powers of the Iieturning Board in tho matter of ereating a Legislature had imdergoce 1 change, I determined to make a socond contest for my seat in the Senato. A mo jority of the Committee on Privileges and Elections, inclu'Jing tliree liepublican membera, have, however, reported that James 13. Eutis is lawfully entitled to a eeat in the United States Senate for the unexpired term for which I was clected. Not willing nnder the circumstauces to continue this contest, and by a seemingly factious opposition embarrass Mr. Eustis and deprivo the State of her due representfrtitffl, I now respectfnlly tondi-r to you, as Chief Executive of Louisiana, my resiguation. I deem it proper in this connection, as a matter of justice to myself and tö my friendo, to direct attention to the exceptional aetion had in my case, espccially as the same appears in contrast with the prompt and paitisan rapport of Gov. Kellogg. I admit that there were irrogularities attachingto the constitution of the General Assembly of 1873 of such a character as to put in questiou to some exteut the legal status of said General Assembly. lts members boro credentials from a Returning lioard whose legal character wa determined and recognized by the Supreme Court of Louisiana, but from tho opposition of Gov. Warmoth, tho custodian of the returns of the election, they werc unablo to obtain possesrion of said returns, and their aclion in making the canvas and )i mulgation of votes was to some extent baed upon statements aud eertificates of votes furnishcd by the United States Supervisors, and othcr sucondary ovidence. Necessarily their decisions wore to somo extent conjectnral and uncertain, but tho best the necessitios of the case ailowed ; aüil the Legislatura thus dcclared was autuorized, under the constitution, to cure aud determine any defect s that might exist in tuo title of lts membership. This body actually existed tor its constitutional term of two yoars, enacted the legislation that goveiued the State for that period, and was deemed of snffleient vitality i to canvass aud declaro the votes for Governor aDd Lieutenant Governor ; and the executive ■ oflicers were uot only recognized by the jucli ciary of the State and by tüo President of the United States, but exercised thtir fuuctions within the State for the full term of thejf (jllk'e. Supplemenüng these considertttiona by the further fact that Lovusiana was largely liepublican in itsmasses, I believed that, as Senator elect, I not only repreBented the popular wijl of the State, but po8S6S8ed a title substantially legal and valid ; vet I submitted to the deciion of the ScDatc on the assum]tion that honorable Senators wero not only honest iu the grave constitutional objections that they raised, but were so far aeting from conviction as tvimld authorizo the expectation of consistency of condnet when a similar cafe should be pretonted for their consideration. Now, I find, wben Gov. Kollojrg preseuts a claim essentially like my owu, but weaker, that the gentlemen who se earnestly combatted my claim promptly and without hesita! ion admit and defend his. The Packard Legislaturo. so-called, derives its credentials from the legal lieturning lioard, and said board, unlike that of 1873, could be specifie and detinite in its promulgation of the election, but as a matter of fact, not from laek of knowlcdge, but of choice, excludcd ineu who had reco;ved a majority of The votes cast, as appeare d from the oflicial returns beforo them, sufficient in number to destroy a quorum in each Honae. They thus, by the practical disfranchisument of the citizeus, oreated a Legislature whieb. could not exist exeept by the dufeat of the popular will. The Assembly of I 1873 may have, inadvertentiy. and by the en f orced ignorance of the only tribunal competent I to act in the premisos, hadmen in it not euti! tled to Hit therein, bnt the Packard Assembly, I in its Senate and in its House, held members iu suflioient nutnbers to have broken the quoram in each, who wero put there to tho knowledge of the lieturning Board, not only without naving received a majority of votes, bit to the exclusión of other mon who were well understood to have been elected. ' Tliis Assembly passed away iu a few weeks, without leaviug behind itj as the evidence of it existence, a single living statute. Au election by such a body is certified ti by Gov. Packard, whose title was as ba?els, and whose temire of office was as uncertain as bis General Assembly, and this makes prima facie and onitsmerits the case of Gov. Kellogg. It taxes both my crcdulity and ciiarity to concede either sincenty or consiitency to liepublican Senators who so earnestly opposed my claim from 1873 to 1870, and so promptly and solidly supuorted the new Senator from Louisiana. In withdrawing trom this contest, I cannot refrain from exprossiug my heartfelt gratitude U the members of the Senate who have consistently and bravety sustaiued me in my tfforts to secure my rightë and representation to the State and people of Louisiana. I havo the honor, sir, to be Your most obedient servant, P. B. S. PracHüA k. Thebk are said to be many impecunioas Americans stranded iu Paris and Londou.