DAVID R. ATCHISON - AUTOGRAPH DOCUMENT UNSIGNED - HFSID 323846

DAVID RICE ATCHISON
David R. Atchison's unsigned draft petition for an injunction, that restrained a defendant from collecting a judgment for damages. 
Autograph Document, unsigned. 1p, 8x10½. No place, no date. A draft of Atchison's petition for an injunction restraining the defendant from collecting a judgment for damages incurred. In part: "Application for injunction A Mathews & j Snowden. An injunction initiated the Defendant angst Matthews restraining them from collecting the judgment in [illegible] court recovered at [illegible] by the said Matthews against the said Philly and Boston debt of dollars…". David Rice Atchison (1807-1886) served as U.S. Senator from Missouri from 1843-1855. Polk's term as 11th U.S. President ended at the stroke of midnight, March 3, 1849. President-elect Zachary Taylor refused to take the oath of office on his Sabbath, Sunday, March 4, 1849. He took the presidential oath on Monday, March 5, 1849, the same day Vice President-elect Millard Fillmore was sworn in. When Polk's Vice President, George M. Dallas, resigned as President of the Senate on Friday, March 2, 1849, Atchison was elected President Pro Tempore of the U.S. Senate, a position he had held since 1846. Since Article II of the U.S. Constitution gives Congress the power to declare "what Officer shall then act as President" in case of the "Inability, both of the President and the Vice President", and since the President Pro Tempore of the Senate was next in line to the Presidency, there are historians who insist that Atchison was U.S. President for one day, March 4, 1849, and this is noted on his tombstone. Creased and toned. Corners and edges worn with nicks and small tears. Soiled. Residue on verso. Creased from folds. Paper loss at left edge.