ding
upon the States." Accordingly, the representatives of the four States
in question were entitled to their seats.

By what process of reasoning had Douglas reached this conclusion? The
report directed its criticism chiefly against the second section of
the Act of 1842, which substituted the district for the general ticket
in congressional elections. The Constitution provides that "the Times,
Places, and Manner of holding elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by Law make or alter such
Regulations." But by the law of 1842, contended the report, Congress
had only partially exercised its power, and had attempted "to subvert
the entire system of legislation adopted by the several States of the
Union, and to compel them to conform to certain rules established by
Congress for their government." Congress "may" make or alter such
regulations, but "the right to change State laws or to enact others
which shall suspend them, does not imply the right to compel the State
legislatures to make such change or new enactments." Congress may
exercise the privilege of making such regulations, only when the State
legislatures refuse to act, or act in a way to subvert the
Constitution. If Congress acts at all in fixing times, places, and
manner of elections, it must act exhaustively, leaving nothing for the
State legislatures to do. The Act of 1842 was general in its nature,
and inoperative without State legislation. The history of the
Constitutional Convention of 1787 was cited to prove that it was
generally understood that Congress would exercise this power only in a
few specified cases.[172]

Replying to the attacks which this report evoked, Douglas took still
higher ground. He was ready to affirm that Congress had no power to
district the States. To concede to Congress so great a power was to
deny those reserved rights of the States, without which their
sovereignty would be an empty title. "Congress may alter, but it
cannot supersede these regulations [of the States] till it supplies
others in their places, so as to leave the right of representation
perfect."[173]

The argument of the report was bold and ingenious, if not convincing.
The minority were ready to admit that the case had been cleverly
stated, although hardly a man doubted that political considerations
had weighed most heavily with the chairman of the committee. Douglas