1841:  ESTABLISHING A PRECEDENT

On March 4, 1841, Ohio's William Henry Harrison was inaugurated as the ninth President of the United States.  Just a month later, he would become the first of our nation's chief magistrates to die in office.  For the first time in the 52 year history of the republic, the question would be more than mere academic exercise:  was John Tyler, who had been sworn in as Harrison's Vice President a month earlier, now become the nation's third President in just 31 days?  Or was he merely an Acting President, serving out the remainder of Harrison's term?

Debate in the United States Congress would be brief but heated.  In the end, Tyler himself would resolve the matter himself for all intents and purposes.  On April 6, 1841, he arranged to have the presidential oath of office administered to him at Washington's Brown Hotel by William Cranch, Chief Judge of the United States Circuit Court.  He then proceeded to simply do the job as if he'd been elected President in his own right.

For example, the first piece of legislation presented him by Congress left a signature line with the words "Acting President" underneath.  Tyler simply crossed out the word "Acting."  Then, in their first meeting following Harrison's death, his cabinet (now Tyler's) advised him that they would lead on matters of governing as a means of uniting the nation.  Tyler responded that the cabinet could show themselves as united - by resigning en masse.

Battles throughout the Tyler administration continued throughout his tenure (including the first-ever attempt to impeach a sitting President), but ultimately Congress basically shrugged its shoulders and accepted Tyler as our nation's tenth President.  The "Tyler Precedent," as it became known, would remain in place - although uncodified in federal law - for the next 126 years.

 
Home
1787:  The Constitutional Convention
1790:  The Father Falls Ill
1792:  First Pass
1813 and 1818:  Back to Back Illnesses
1841:  Establishing a Precedent
1844:  The Princeton Disaster
1849:  President Who?
1850:  The Death of President Taylor
1868:  A Near Congressional Coup
1881:  The Garfield Crisis
1886:  Second Time Around
1901:  The McKinley Incapacity
1919 to 1921:  The Clarion Call Unanswered
1943 to 1945:  FDR's Later Years
1947:  Third Time the Charm?
1953:  The Eisenhower-Nixon Agreement
1963:  Tragedy in Dallas
History of the 25th Amendment
Historical Invocations
Current Presidential Succession Law
25th Amendment in Popular Culture
Who's Next in Line, Anyway?
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