Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-01-09
PRESIDENTS RIGHT
Of APPOINTMENT.
discussed at Length in the Senate
In the Case Of Mr. Buchanan,
Minister to Panama.
LARGELY A PARTY QUESTION.
Republicans Support President, Dem
Ocrats Oppose film, While Mr..
spOOner Has Doub.s,

Washington, Jan. SIN an executive
.ssgon Of the senate today the. nomina-
,ion Of w. /. Buchanan to be minister
% panama was discussed for more
,hsn Two hours, the debate being con-
o,od almost entirely TO the consttu-
,oral right Of the president to appoint
minister to the new republic without
,he cooperation Of the senate. The
roIn, was rsised by the Democrats that
,te po,ltlon TO which Mr.. Buchanan
Gas nominated was NOT In existence
vbsn the appointment was made, and
,hsf the president had no right to cre-
s,e the position except with the con-
ont of the senate. The Democrats
abo Supported this position were SEN
eiors Morgan, Bacon, Bailey, Pettus
and blackburn, The Republican sem
s,ors almost unanimously supported
,Ss action Of the president. They de-
CARED he acted wholly within his con-
s,lmuonal prerogatye. The principal
,rrln,ents on that side Of the question
we're made by Senator's Lodge, Cullom,
NcComas. Spooner, Fairbanks and AL
v.on No decision was reported, and
!, was agreed that the matter would
bs considered again on Monday.
The status of Mr.. Buchanan, who is
row at Panama acting virtually as
minister OF the United States. was dis
rnssed at length. Senator's Bacon and
paley in their speeches, argued that
rho president either usurped the funo-
,lons Of the senate by dlspatching n
minister TO Panama whose nomination
Mad moi been confirmed, or had sent
Mr.. Buchanan there as an envoy or
commissioner, without color OF law.
they held that as the senate IL In
,assion, the president lawfully could
moi send minister to a foreign coun.
,ry without the advice and consent OF
he senate.
senator's Cullom, Lodge and Fair
banks took the position that the pres
dent had u perfect right 10 nominate
minister to Panama, Notwithstanding
me- fact that no such Office previously
existed, They claimed however, that
Mfr. Buchanan was not acting as min
Iser and that the president had not
commissioned him as such. He was,
,hey say. merely a personal represent
alive OF the president, dispatched TO
Panama on diplomatic mission and
responsible alone TO the president A
incident for this action was cited In
Inc case Of Mr., Blount. who was sent
10 Hawaii by President Cleveland, and
chose authority was paramount, not
outstanding the fact that an American
minister was at Honolulu exercising
Diplomatic functions,
The general current Of the debate
divided on party lines, though ques-
tons propounded by Senators Spooner
and Hepburn, both Republicans,
showed they entertained some doubts
as to the legality OF Mr., Buchanans
ac,s at Panama until he 10 confirmed
as minister by the senate.
When the senate went into executive
session word was passed about among
the Republicans that when the argu-
men,s we're practically exhausted mo-
lion should be- made to table Senator
Morgans resolution to reconsider the
nomination A motion of that charac-
ter is not debatable. Some OF the ar
guments made by the Democrats, II Is
said. demanded thorough consideration,
and the plans of the Republicans to
conclude the debate were not carried
into effect