The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-01-09
EVEN SP00NER
HAS HIS DOUBTS
Right of the President to Ap-
point Buchanan Questioned
NOT MINISTER 10 PANAMA
MERELY a REPRESENTATIVE OF
ROOSEVELT.

Washington, Jan. SIN an executive
session Of the senate today the nominal
ton of W. 1. Buchanan to be minister
to Panama was discussed for more
thin two hours. the debate being con-
fined almost entirely TO the constitu-
tionaT right Of the president to appoint
a 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 nominated was not in existence
when the appointment was made, and
that the president had no right to Gre
ate the position except with the con-
sent Of the senate. The. Democrats
who supported this position were Sen
ators Morgan. Bacon, Bailey, Pettus
and Blackburn. The Republican SEN
ators almost unanimously supported
the action Of the president. They de-
clared he acted wholly within his con
stitutional prerogative. The principal
arguments on that side of the question
were made by Senators Lodge, Cullom.
McComas, SpOoner, Fairbanks and Al
lison- No decision was reported, and
( it was agreed that the matter would
be considered again on Monday.
Without Color Of Law.
The status OF NJ Buchanan, who is
now at Panama acting virtually as
minister Of the United States, was dis
/ cussed at length. Senators Bacon and
/ Bailey, in their speeches, argued that
/ the president either usurped the fune-
tons Of the senate by dispatching a
minister to Panama whose nomination
I had not been confirmed, or had sent
/ Mr.. Buchanan there as an envoy or
Ia
/ They held that as the senate is in
] session, the president lawfully could
/ not send u minister to a foreign cOun-
/ try without the advice and consent Of
/ the senate.
/ Senator's Cullom, Lodge and Fair
/ hanks took the position that the pres
ident had a perfect right to nominate
d minister to Panama, notwithstanding
I the fact that no such office previously
/ existed. They claimed, however, that
Mr.. Buchanan was not acting as min
lister, and that the president had not
commissioned him as such. He was,
I they say, merely q. personal represent
alive Of the president, dispatched to
| Panama on q diplomatic mission and
responsible alone to the president. /
/ precedent for this action was cited in
the case of Mr.. BlOunt, who was sent
1 to Hawaii by President Cleveland. and
whose authority was paramount, not
withstanGing the fact that an American
minister was at Honolulu exercising
diplomatic functions.
Spooner Has Doubts
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.. Buchanan S
/ acts at Panama until he is confirmed
/ as minister by the senate.
I When the senate went into executive
session word was passed about among
the Republicans that when the argu-
ments were practically exhausted a mo-
ton should be made to table Senator
MOrgan's resolution to reconsider the
l nomination. A motion Of that eharac-
ter is not debatablc. Some Of the ar
guments made by the Democrats. it is
said demanded thorough consideration.
and the plans Of the Republicans TO
conclude the debate were not carried
into effect