The Daily Dispatch

Explanation.—The gentleman whose argument we noticed a few days ago calls our attention, in a private note, to our "curious and unaccountable misconstruction" of his conclusion, and adds: "You say you understood me to mean that the people ought to vote against whom Congress ought to vote for, I say that the Legislature (in the case of United States Senator) ought not to elect a person who is disqualified by the State Constitution, although he is qualified by and under the United States Constitution: but yet, if the Legislature, in disregard of the State disqualification, will elect such person, the United States Senate ought to admit him to a seat if he has the qualifications prescribed by the United States Constitution. Before the election, the Legislature (in case of Senator), and the people in case of a representative, ought to look and observe the person's qualifications and disqualifications prescribed by the State Constitution, whilst after the election neither House of Congress is bound by the State Constitution, and only required to consult the United States Constitution. Can anything be plainer to one who understands our complicated system than it is that the Senate ought to admit to the seat a person elected by the Legislature who was disqualified by the State Constitution, and ought not to have been elected?"

This is exactly what we understood our correspondent to say. We answer his question emphatically, No. Nothing could be plainer than that the Senate ought to admit to his seat a person elected by the Legislature who was disqualified by the State Constitution. We have so said repeatedly. But we have also said that inasmuch as such is the duty of the Senate there can be no corresponding duty on the part of the Legislature not to elect such a man. The Federal Constitution is the only constitution the Legislature can consult in inquiring into the qualifications of senators. That is the Constitution of Virginia so far as the election of senators is concerned. Could Virginia punish one of her citizens for accepting a seat in Congress in violation of her own Constitution? Certainly not. The officer attempting it would be guilty of a contempt of Congress, and be liable to punishment himself.