Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-17
DISPUTE QUESTION
Of j. PRESIDENTS
Atchison and Ferry Often
Credited With Terms
of IS Hours.
How MANY men have held the office

How many men have held the once
of President of the United States?
The Ask Me Another fan answers
promptly that there have been ~
Chief Executives. but has he taken
into consideration David I. Atchison
and Thomas w. Ferry?
10th these men have some slight
claim to places in the list OF PreSl'
dents. although their claims haroly
hold water when subjected to crltica,
examination. The question is recelVeu
from time to time by the Library OF
Congress from correspondents an
over the country and recently Tue
facts have been studied to determine
whether there Is any basis Tor the
contention.
According to Library Of Congress
oiF1cials the answer "29" Is correct
bat It is one of those fipe points winch
can be argued over indefinitely.
President for Day.
Atchfson was President pro tempore
of the Senate in 1S49. At midnight on
March 3 of that year. presumably, the
terms of office of President James X
Polk and Vice President George Dali
las came to an end. Now March )
was Saturday. Zachary Taylor was
not sworn in as President to succeed
Polk until about noon on Monday
There is some ground for contention
that Atchison, the next in succession
70 Polk and Dallas, actually was Pres
ident all day Sunday, March 4, 1S49, to
II o'clock Monday, March 5, when
Tavior had taken his oath.
CopCraSs did NOT adjourn until $40
o'clock Sunday Polk went to the
Capitol shortly before midnight Satur-
day and signed bills until 3 am. That
Sunday he writes in his diary: "Hav-
ing closed my term of Office as Presl-
dent of the United States at 615
O'Clock this morning, that being the
time Congress adjourned, / attended
Divine service" That passage is con.
sidered by some historians as clear
evidence that Polk at least did not
consider himself President that Sum
day and he probably would have ad-
naitted that the Office actually was in
the hands of Atchison if the question
had been put. before him.
Administered Oath.
But then the first act Of the Senate,
when it assembled on Monday, March
S, was to authorize Senator Benton of
Missouri to administer the oath of
Office to Atchison as President pro
Tempore of the new Senate, this act
indicating that his Office was not con-
sidered holdover.
This raises the question Of whether
the United States was not without a
President for about So hours.
The same question arose again in
1877 when the term of Office of Presi.
dent Ulysses S. Grant ended at mid
night. Saturday. March 8, and Ruther-
ford B. Hayes did not take Office until
about noon, Monday, March S. The
President pro Tempore of the Senate
was Thomas w. Ferry. Was Ferry
President for day and a half?
The Library of Congress calls at
tsntion to the opinion Of Charles
Warren of Washington, historian of
che Supreme Court, that the Consti-
tuition provides that the President
shall have taken the oath of Office be-
fore entering upon his duties as
President" but not necessarily before
becoming President. Under this opin-
ion Taylor and Hayes actually were
the Presidents on those days instead
Of Atchison and Ferry.
The same questions are bound to
arise again whenever March 4 falls
on a Sunday.