By Mathew Goldstein
The United States Government Publishing Office hosts Ben’s Guide, which is self-described thusly: “Ben's Guide to the U.S. Government, a service of the Government Publishing Office (GPO), is designed to inform students, parents, and educators about the Federal Government, which issues the publications and information products disseminated by the GPO’s Federal Depository Library Program. It is our hope that Ben’s Guide to the U.S. Government fulfills that role.” They feature a web page titled Oath of Office which makes several misleading claims about presidential oath history.
Until recently they made the following statement with no qualifications: “The President-elect places the left hand on the Bible, raises the right hand, and takes the Oath as directed by the Chief Justice.“ Recognizing that this was not always true, they removed that sentence and added this short paragraph: “The Constitution does not say what the swearing-in must include. While most Presidents-elect chose a Bible, as George Washington did, John Quincy Adams used a book of law, and Teddy Roosevelt did not use any book.” While this is now arguably more accurate, it is still wrong.
First of all, George Washington’s second inauguration did not feature a Bible, so this must be referring to his first inauguration. There was no federal Chief Justice nor any applicable federal oath law (aside from the words of the presidential oath in the constitution) at that time. The oath was therefore administered in New York by the New York State chief judge, Chancellor Robert Robert Livingston, pursuant to New York State law. Swearing on, and kissing, the Bible were state legal mandates (the only legal alternative was to uplift one hand, or both hands , and swear to the “everliving God”) that were repealed in the early 1800’s. George Washington did not choose a Bible, the Bible was imposed on him.
Secondly, John Quincy Adams did not swear his oath of office on a book of laws as an alternative to doing so on a Bible as implied. He read the oath of office from the law book, see March 12, 1825 Niles Weekly Register. It is of historical significance that Chief Justice Marshall relied on a law book for the presidential oath recitations. He administered the oath of office nine times, more often than any other Chief Justice, starting with Thomas Jefferson in 1801. It is likely that most (maybe all) of those early inaugural oath recitations were read from a small law book (a Bible was added for Andrew Jackson’s inauguration). Adams wrote that he witnessed the identical oath protocol four years earlier at James Monroe inauguration, see J. Q. Adam’s diary for 6 March 1821. Therefore, it is misleading to imply that John Q. Adams’ inauguration was unique in this regard by singling him out as an exception.
