whose district (Washington District) comprised the "counties beyond the Alleghenies". He took office June 16, 1790, however, the government of North Carolina had ceded Washington District to the federal government on February 25, 1790, and it was organized as the Southwest Territory on August 7, 1790. He remained a member of the House until March 3, 1791, when he was appointed brigadier general of the militia. On September 3, 1794, James White was elected by the Southwest Territory, which contained the former Washington District, to be their delegate to Congress. A resolution was put forth in the House to admit him to Congress, but as a delegate was not a position stated in the Constitution, the House debated what, if any, privileges White would have. As the Northwest Ordinance had only stated that a delegate is to sit "in Congress" the first debate was which chamber a delegate would sit in. Resolutions that he sit in both chambers and that his right to debate is limited to territorial matters were defeated. Ultimately, the House voted to allow him a non-voting seat in the House. Following his placement, representatives debated whether he should take the oath. Representative James Madison stated "The proper definition of Mr. White is to be found in the Laws and Rules of the Constitution. He is not a member of Congress, therefore, and so cannot be directed to take an oath, unless he chooses to do it voluntarily." As he was not a member, he was not directed to take the oath, though every delegate after him has done so. He was also extended franking privileges, which allowed him to send official mail free of charge, and compensation at the same rate as members. In 1802 Congress passed a law that specifically extended franking privileges and pay to delegates. An act passed in 1817 codified the term and privileges of delegates: [I]n every territory of the United States in which a temporary government has been, or hereafter shall be established...shall have the right to send a delegate to Congress, such delegate shall be elected every second year, for the same term of two years for which members of the House of Representatives of the United States are elected; and in that house, each of the said delegates shall have a seat with a right of debating, but not of voting. From that point on, until August 1959,