John P. Van Ness took his seat December 7, 1801,[2] but did not complete the term, as he was appointed by President Thomas Jefferson as a major in the militia of the District of Columbia and on January 17, 1803, his seat was declared vacant[4] and left vacant until the start of the Eighth Congress.
^Article I, Section 6, of the United States Constitution says that "...no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." The question, if a militia appointment in the federal district is such an office, was put to the whole House and answered unanimously in the affirmative see Journal of the House of Representatives of the United States (Vol. IV; page 290)
