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Updated: May 29, 2025
He returned it with objections to its passage, and in assigning them took occasion to say that in the early stages of the Government he had inclined to the construction that it had no right to expend money except in the performance of acts authorized by the other specific grants of power, according to a strict construction of them, but that on further reflection and observation his mind had undergone a change; that his opinion then was "that Congress have an unlimited power to raise money, and that in its appropriation they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defense, and of general, not local, national, not State, benefit;" and this was avowed to be the governing principle through the residue of his Administration.
To-day a sentence of the star chamber was exclaimed against; to-morrow a decree of the high commission. Every discretionary act of council was represented as arbitrary and tyrannical; and the general inference was still inculcated, that a formed design had been laid to subvert the laws and constitution of the kingdom.
At the date of the latest intelligence from Nacogdoches our troops were yet at that station, but the officer who has succeeded General Gaines has recently been advised that from the facts known at the seat of Government there would seem to be no adequate cause for any longer maintaining that position, and he was accordingly instructed, in case the troops were not already withdrawn under the discretionary powers before possessed by him, to give the requisite orders for that purpose on the receipt of the instructions, unless he shall then have in his possession such information as shall satisfy him that the maintenance of the post is essential to the protection of our frontiers and to the due execution of our treaty stipulations, as previously explained to him.
The only reservations I made were as to my own feeling toward Miss Trelawny and the matters of small import to the main subject which followed it; and my conversations with Sergeant Daw, which were in themselves private, and which would have demanded discretionary silence in any case. As I spoke, Mr. Corbeck followed with breathless interest.
In his campaigns against the banditti, it was observed that he assumed and exercised to the utmost the discretionary power which, while the law had no free course in the Highlands, was conceived to belong to the military parties who were called in to support it.
As soon as he had obtained the discretionary power of acting as he should judge most expedient for the good of the republic, he assembled the principal officers, and privately concerted effectual measures for the execution of his bloody design.
Fid never disputed a positive and distinct order, though he often took so much discretionary latitude in executing those which were less precise. He did not hesitate, therefore, to return the boat; but he did not carry his subordination so far as to do it without complaint.
For this purpose a distinguished citizen of Maryland was selected, who proceeded on his mission on the 8th of March last, with discretionary authority to recognize the Government of President Juarez if on his arrival in Mexico he should find it entitled to such recognition according to the established practice of the United States. On the 7th of April following Mr.
And it seems a necessary, though perhaps a melancholy truth, that in every government, the magistrate must either possess a large revenue and a military force, or enjoy some discretionary powers, in order to execute the laws and support his own authority.
Among the magistracy of the county were several persons who, whatever might have been their conduct in ordinary times, now showed themselves utterly unfit to be entrusted with those large discretionary powers which Parliament had recently conferred upon all justices of the peace.
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