"By an act passed the 26th of May, 1790, for the government of the territory of the United States south of the river Ohio, it is enacted, 'that the inhabitants shall enjoy all the privileges, benefits, and advantages, set forth in the Ordinance of the late Congress for the government of the territory of the United States north-west of the river Ohio. And the government of the said territory south of the river Ohio, shall be similar to that which is now exercised in the territory north-west of the river Ohio; except so far as is otherwise provided in the conditions expressed in an act of Congress of the present session, entitled 'An act to accept a cession of the claim of the State of North Carolina to a certain district of Western Territory.' The committee are of opinion that James White has been duly elected as delegate from the territory of the United States south of the Ohio, on the terms of the foregoing acts; they therefore submit the following resolution:
"Resolved, that James White be admitted to a seat in this House as a delegate from the territory of the United States south of the river Ohio, with a right of debating but not of voting."
Mr. Madison said, that in new cases there often arose a difficulty by applying old names to new things. 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.
Mr. Murray moved that Mr. White should be required to take the oath.
Mr. W. Smith observed, that the constitution only required members and the Clerk to take the oath. The gentleman was not a member. It does not even appear for what number of years he is elected. In fact he is no more than an envoy to Congress. Instead of being called delegate to Congress, had he been plainly called an envoy, the difficulty would have vanished. He is not a Representative from, but an officer deputed by the people of the Western Territory. It is very improper to call on this gentleman to take such an oath, any more than any civil officer in the State of Pennsylvania. Mr. S. did not consider him as coming even within the Post Office law, (viz: for franking letters.) He is not entitled to pay, unless a law shall be passed for that end.
Mr. Giles agreed with the gentleman who spoke last as to the impropriety of demanding an oath.
Mr. Lyman was for it.
Mr. Dayton was against the oath. Call him what you will, a member, a delegate, or, if you please, a nondescript. It would be wrong to accept his oath, even if he should offer it. He is not a member. He cannot vote, which is the essential part. It is said that he can argue, and by that means influence the votes of the House. But so also a printer may be said to argue and influence, when he comes to this House, takes notes, and prints them in the newspapers.
Mr. Boudinot.—As the House had set out on a wrong principle, it was natural that, in their subsequent progress they should wander further and further from the point. But, as the House had now given their decision, he acquiesced in it. It was, however, a strange kind of thing to have a gentleman here arguing, who was not bound by an oath. He never could reconcile it.
Several other members spoke.