Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-09
RIGHTS OF PRESIDENT
BUcHANAN's NOMINATION DIS
cUssED In EXECUTIVE SESSION.
Contention of the Democrats-Republi-
can Plan of Tabling the Matter
Not Carried Out.

The Senate continued inFsession yesterday
afternoon Until nearly six o'clock. The
pest office scandals Ewere discussed until
$780, when a motion was made for an
ecUtive session, and for over two hours the
status of MIR. Buchanan, nominated to be
minister at Panama, was discussed
After The Stars report of the Senate pro-
ceedingS was closed Senator Dolliver, in re-
ply to a remark of Senator Tillman, said
that he had read the Brstow report, and
had found no charge that Mr.. Heath needed
investigating.
Mr.. Tillrran started to read the references
to Mr.. Heath, and while looking for the
place said caustically: well, If he was
not besmirched by the report, he was tat
tooed-he is a tattooed man."
Mr.. Teller said that the only suggestion
o. political purpose In an investigation
had come from the republican side. 1t
seemed to linn that the public interest
should be subserved, and that alone should
be the end sought. So far as there had
been an investigation 1T had come only as
the result of influence outside the Post
Of1ce Department, and the public would
never be satisfied until there should be an
inquiry by persons not likely to be smirched
by it. AS for the qualifications of the
Senate to make an investigation, senators
should not sit in their seats unless capable
of conducting such an inquiry. and people
generally demand that it shall be under
taken. If it is not made in accordance
with this demand he said, you will hear
such roar as will make you tremble in
your seats.
BY unanimous consent the further con-
sideration of the investigation resolutions
was postponed until Monday when, 1t was
agreed 1t should be resumed Immediately
after the conclusion of the routine business
of the day.
A House bill permitting the issuance of
bonds for the construction of a wagon road
to the government dam on Salt river in
Arizona was passed.
Buchanan's Nomination Discussed.
At $3.50 the Senate went into executive
| session. The nomination of w. l. Buchanan
to be minister to Panama was discussed
for more than two hours, the debate being
confined almost entirely to the constitu-
tional right of the President to appoint
minister to the new republic without the
cooperation of the Senate.
The point was raised by the democrats
that the position TO which Mr. Buchanan
was nomina ted was not in existence when
the appointment was made, and that the
President had no right to create the posi-
ton except with the consent of the Senate.
The democrats VINO supported this position
were Senators Morgan. Bacon. Bailey, Pet
tus and Blackburn. Republican senators
almost unanimously supported the action
acted wholly within his constitutional pre-
negatives. The principal arguments on
that side of the question were made by
Senators Lodge, Cullom. McComas, Spooner,
dlTDdnkS anu AlJsOH NJ Qtc4SiOn was
reached. and it was agreed that the matter
would be considered again on Monday.
The Democratic Contention.
Senators Bacon land Bailey in their
speeches argued that the President either
usurped the functions of The Senate by DIS
patching minister to Paniml whose noml-
nation had not been conf med, or had sent
Mr.. Buchanan there as an envoy or com
missioner without color of law. They held
hat ha of fc IN IN IL
dent lawfully could not send minister TO
a foreign country without the advice and
consent of the Senate. -ts
Senators Cullom, Lodge and Fairbanks
took the position that the President had q
perfect right to nominate a minister to
Panama, Notwithstanding the fact that no
such Office previously existed. They claim
ed, however that Mr.. Buchanan was not
acting as a minister and that the Pfes-
dent had not commissioned him as such. He
was they said, merely a personal repre-
sentative of the Pres dent, dispatched TO
Panama a diplomatic mission and re-
sponsible alone to the President. A prece-
dent for this action was cited in the clse
of Mr.. Blount, who was sent to Hawaii by
President Cleveland. and whose authority
was paramount, Notwithstanding the fact
that an American minister was at Honolulu
exercising diplomatic functions.
The general current of the debate divided
on party lines, though questions PROFOUND
ed by Senators Spooner and Hepburn, both
republicans, indicated that they entertain
ed some doubts as to the legality of Mr..
Buchanan's acts at Panama until he is con-
firmed as minister by the Senate.
The Republican Intention.
When the Senate went into executive ses-
sion word was passed about among the re-
publicans that when the arguments were
practically exhausted motion should be
made TO table Senator Morgan's resolution
to reconsider the nomination. A motion OF
that character is not debatable. Some OF
the arguments 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
At $50 the Senate adjourned until Mon