President for a Day?

You may have heard about the ‘naugural we had yesterday, it was the second one for the 44th President, or was it?

There is this marker in a Missouri graveyard that suggests otherwise.

David Rice Atchison was the ranking (senior) senator in 1849 and his main claim to fame  is his family connection with one of the country’s largest railroads, the Atchison- Topeka-Santa Fe, the eastern terminus of which was named after his adopted hometown of Atchison, KS.  As the ranking senator he was also the President pro tempore of the Senate and, as such, third in succession to the Presidency after the President and the Vice-President in the 30th congress during the Polk administration.

Back before the 30th amendment to the Constitution the President’s term did run from March 4 to March 4 and it is a fact that James Polk (the 11th) ended his term on March 4, 1849 and Zachary Taylor (the 12th ) did not take the oath that day (for religious reasons it is said, but they apparently did not prevent him slaughtering the Seminole Indians in Florida earlier in his career) but was sworn in on  March 5th  as was his Vice-President the wonderfully named Millard Fillmore (later to be the 13th ).

Anyhoo, friends of Atchison decided that this one day power vacuum should not be allowed and claimed that he, as President pro tempore of the Senate was the next in succession and should be the President in the absence of either a sworn in President or Vice–President.  Atchison spent most of that day in bed and was unaware of the maneuvering that was taking place until some of his cronies woke him up and requested various positions under his government, he declined but entered into the spirit of the thing and was even sworn in as President early on Monday ahead of Taylor and Fillmore.  He supported the claim right up until his demise, hence the marker.

So, if he was number 12, that would make Taylor number 13 and Obama number 45 not 44, but, sad to say, it ain’t so.  Such a power vacuum has happened quite a number of times both before and after Atchison and nobody else has made such a claim.  In any case constitutionally the rules are clear, Atchison’s term as President pro tempore ended with Polk’s 30th congress and any rights of succession with it.  But following the event, and just to be sure, if the end of any President’s term happened to fall on a Sunday (as it did this time) the oath is quietly administered in private on that day and is repeated in public on Monday with full pomp and gravity.

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Author: Low Wattage

Expat Welshman, educated (somewhat) in UK, left before it became fashionable to do so. Now a U.S. Citizen, and recent widower, playing with retirement and house remodeling, living in Delaware and rural Maryland (weekends).

6 thoughts on “President for a Day?”

  1. V interesting. I presumed that the private 42 second job on Sunday was to fulfil the need to maintain constitutionality, but didn’t know why!

  2. LW, you are forgetting Grover Cleveland. He served two terms, but because they were not consecutive he was ‘titled’ 22 and 24. Totally illogical as far as I see it.The fact of the matter is that only 43 men have officially served as president.

  3. I suppose we have a similar discussion about how many Kings of England there have been? What with regents and all….

  4. Perhaps the Septics ought to adopt the British habit of Heads of State taking a traditional name and number – George VI, Edward VIII, Liz II, etc. How about President Honkie XXXXIII and Darkie the First? Might give ’em a very necessary sense of history too, bearing in mind they’re only up to the XLVII’th setting of their ‘football’ cup final.

    OZ

  5. Sipu: Of course it’s illogical, it is after all politics. The argument being it is the number of Presidents not the number of holders. Grover gets 2 for being nominated and elected twice for one term each time, Carter gets one for one term only but FDR only gets one for 12 years and 3 terms.

    Janus, and the odd pairings Stephen with and without Matilda, William but not without Mary etc..

    OZ: No thanks. On second thoughts definitely no, and possibly thanks.

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