The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-12-17

| To the Editor OF the Evening Star:
What man acted as President Of the
United States for one day and one DAY
only, and what were the circumstances
surrounding? A. u. D.
[The tale of Senator David Rice Atchi-
| sons momentary presidency has been
| permitted to go the round of the press
and Of s~torybooks much too long without
challenge or explanation. A Presidential
four-year term which begins on the Attn
, of March ended with the last hour OF the
Sd Of March four years later. This ques-
ton was made clear, away back in 1879
(see Journal of the Senate. Friday, May A.
1890, page 140) by a report of a joint COM
mittee of the Senate and of the House OIL
Representatives to the effect
THAT the terms for which the Presi-
dent. Vice-President Senators and Repre-
sentatives of the United States were re-
spectively chosen, did, according TO the
of March, 1888; and so. the Senators OF
the first class. and the Representatives,
will not, according to the Constitution, be
entitled. by virtue of the same election
by which they hold seats in the present
Congress-, to seats in the next Congress
which will be assembled after the Sd day
of March, 1871. "
So that, the term of President Taylor
began with the first hour of March 4, 1919;
but. as this was Sunday and Taylor did
ilOl ldhC ltt OulI il IN hhNii ~ .
the popular mini at once took It for grant
ed that David Rice Atchison Chen Presi-
dent pro tenn. of the Senate) had filled the
Presidential chair during the short va
cnnoy, and the assumption was repeated
in print without so much as even qualify
ing Atchison's tenure of office as wiz
tual.' As a matter of fact, however, there
was no vacant chair for Atchison TO I'LL.
From the time, Polk had left it until the
| e.lI1~,,s-- 4tn~a mo mt q
moment when the country was without a
President. True, President Taylor could
not perform any act dn technical par
lance 'sthe executive power was suspend
ed') until he took the Constitutional oath,
but none the less he was the duly elect
ed President of the United States fol
four years from the 4th of March, and
there was no possible room for a Presi.
Dental substitute of any kind.
Some thirty years earlier, the 4th OF
March, 1921. on which James Monroe
term began, had also fallen on Sunday
and the fact had evidently reoccupied the
officials. for Chief Justice John Marshal
had been consulted about the mntter; ant
the letter he addressed to the Secretar,
OF State, under date of February 20, 1921
should be conclusive in this connection:
'.Sir-I have conversed with by brethren
on the subject yon suggested when | hat
the pleasure of seeing you, and VIII tax
the liberty to communicate the result.
A the Constitution only provides tina
the President shall take the oath, 1t pre-
scribes before he enter on the execution
of his office and, as the law Is silent OF
the subject, the time seems to be IN som
measure at the discretion of that III OH
GER. There is an obvious propffety L
kim the oath as soon as IT can con
yenlertly be taken. and thereby shorten
ing the interval In which the executiv
power is suspended. But some interval
inevitable. The time of the actual Pres
dent will expire and that of the President
elect at ~ in the night of the 3
of March. II has been usual to take tn
| oath al midday on the 4th. Thus ther
? has been uniformly and voluntarily an In
I teryal of twelve hours during which tn
executive power could not be exercised
This interval may be unavoidably Pre-
4 longed. Circumstances may prevent tn
declaration of the person who is chose
1 the Intelligence of his election until afte
: the 4th of March. This occurred at. I'll
first election. p
Undoubtedly on any pressing emel
gency the President might take the oat
In the first hour of the Attn of March; BIT
1t has never been thought necessary so
6 do, and he has always named such an hot
as he deemed most convenient. If any eli
cumstance should render II unfit to tai
3 the oath on the 4th of March, and II
t public business would sustain no injury b
its, being deferred till the 5th, no In
propriety is perceived in deferring it Il
the 9Th. Whether the fact that the 9Th
March comes this year on Sunday be SUE
G a circumstance may perhaps depend vel
much on public opinion and feeling : .
with very great respect,
Il rave the honor to be
"Your obedt. sert.,
J MARS-ALL.
D Ed. ]