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Updated: June 29, 2025
From my own narrative I shall omit much of description and colloquy which, during its development in 1877, occurred concerning discoveries of a geographical and geological nature, and also many discussions of a character purely philosophical; but no fact shall be discarded. The historian has, in my opinion, no discretionary power concerning the introduction or elimination of facts.
The acquiescence of the provincials encouraged their governors to acquire, or perhaps to usurp, a discretionary power of employing the rack, to extort from vagrants or plebeian criminals the confession of their guilt, till they insensibly proceeded to confound the distinction of rank, and to disregard the privileges of Roman citizens.
But the first thing that was done on the restoration of the Constitution was to settle this point. Secondly, I lay it down as a rule, that the power of occasional incapacitation, on discretionary grounds, is a legislative power.
The suggestion that the President should be given discretionary authority in the matter of procuring ships of the line contemplated the possibility of obtaining them by transfer from England, not through formal alliance but as an incident of a coöperation to be arranged by negotiation, whose objects would also include aid in placing a loan and permission for American ships to join British convoys.
"Not even remotely; am merely her mother's legal counsellor, and the agent appointed by her to transfer the child to different guardianship. I repeat, I deem the change inexpedient, but discretionary powers have not been conferred on me. She seems rather a mature bit of royalty for ten years of age.
Great flexibility and variety of procedure, and a wide discretionary power, entrusted to earnest and competent people, must characterise any attempt to legislate on this subject. The central principle of this Bill is the establishment of Trade Boards, which will be charged with the duty of fixing a minimum wage.
It was one of those moments when he was exercising without control, but subject to all the scruples of a severe conscience, his redoubtable discretionary power. At that moment he was conscious that his police agent's stool was a tribunal. He was entering judgment. He judged and condemned. He summoned all the ideas which could possibly exist in his mind, around the great thing which he was doing.
Faction and discontent, like diseases, frequently arise in every political body; and during these disorders, it is by the salutary exercise alone of this discretionary power, that rebellions and civil wars can be prevented. To circumscribe this power, is to destroy its nature: entirely to abrogate it, is impracticable; and the attempt itself must prove dangerous, if not pernicious to the public.
It was the instructed ear, the ear of a school, which was required to lend to it its more recondite meanings; it was the ear of that new school in philosophy which had made History the basis of its learning, which, dealing with principles instead of words, had glanced, not without some nice observation in passing, at their more 'conspicuous' historical 'INSTANCES'; it was the ear of a school which had everywhere the great historical representations and diagrams at its control, and could substitute, without much hindrance, particulars for generals, or generals for particulars, as the case might be; it was the ear of a school intrusted with discretionary power, but trained and practised in the art of using it.
But, thanks to the wisdom of legislators, the law very properly invests the guardian with great latitude of discretionary power of the person and property of his ward to be used, of course, for that ward's best interest.
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