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the President you never heard of by Lester David Bl i I■■■■■■■■■■■■■■■■? ,a.< cvLntsnvia SENATOR ATCHISON: Was he the President for 24 hours? ■ — 1 - |) nw lift (tr j|B *" |p|®F ,%||F .3| HH Who was President of the United States . 'T* March 4,- 1849? It’s a question that J historians are still battling about ’ ■THtpSr When Dwight D. Eisenhower takes the oath of office on Tuesday, he will be listed as the 34th President of the United States. But won’t he actually be the 35th? His torians are at odds because of the strange case of the Lost President. The case has been bothering re searchers for 45 years, ever since a long-forgotten quirk in American history was unearthed, unsettling everyone who thought that all our Presidents were present and accounted for. Back in 1908, a Philadelphia news paper exploded a bombshell with the claim that a tall, florid, 200-pound senator named David Rice Atchison had been President for 24 hours in 1849, and thus was entitled toa place in the roster of Chief Executives. This was the evidence: The terms of James K. Polk and his vice-president, George M. Dallas, expired at noon on March 4. General Zachary Taylor, elected the year before, was to be sworn in at that hour. But Inauguration Day fell on a Sunday and Taylor, a religious man, refused to take the oath until the following day. The office of President was vacant and the Vice-President had also ended his term. By the Succession Act of 1792, then in effect, the Sen ate’s temporary head automatically took the helm. And thus, the news paper asserted, David Rice Atchison became the 12th President of the United States, serving from noon March 4 until noon March 5 in 1849. A Negative Vote The claim seemed irrefutable. Atchison’s life story was included in various biographical listings of pres idents. Atchison’s place seemed secure until G. H. Haynes, a well-known historian, rocked the boat in 1925 with an article in the “American Historical Review.” Mr. Haynes pointed out sternly that Atchison’s term as senator ex pired with the end of the 30th Con gress on March 4, that even though he had been re-elected, bis next term did not begin until noon March 5. So, Mr. Haynes said succinctly, “During the hours of Sunday afternoon and Monday morn ing, neither he nor anyone else was president of the Senate pro tem. That office was vacant.” Scholars agreed that Mr. Haynes had something there. They went through the records again, expung ing references to “President Atchi son.” It looked bad far Atchison. But only for a while. In July of 1930, Theodore C. Atchison, a New York lawyer and distant relation, reopened the case in the “Missouri Historical Review.” He found proof that Atchison had been elected tem- porary Senate president on Marcß2. The action dearly meant, claimed Theodore Atchison, that David Atchison’s term was to bridge the disputed day, that he was to head ' the Senate until the new Vice- President took over. Some historians agreed. Others did not. And the argument contin ues until the present day. Debate Qvm Oar Professor Allan Nevins of Colum bia University calls it an “absurd claim,” declaring: "Polk was Presi dent until the incoming President was sworn in.” On the other hand, the 1951 edition of the “Encytto paedia Americana” says Atchison was the "legal President” that day. Holman Hamilton in his recent biography of Zachary Taylor be lieves Taylor was Chief Executive even though he hadn’t taken the oath, but Professor Robert V. Remini of Fordham University says: “Since Taylor didn’t take office, we did have an interregnum and thus Atch ison might be called chief officer for those twenty-four hours.” That’s how matters stand. Atchison’s immortality is secure. He gave his name to the city of Atchison, Kan., and the county of Atchison, Mo. But was he ever President? 21