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Updated: June 29, 2025
If proper respect had been felt for the rights and dignities of Columbus, Bobadilla would never have been intrusted with powers so extensive, undefined, and discretionary; nor would he have dared to proceed to such lengths, with such rudeness and precipitation, had he not felt assured that it would not be displeasing to the jealous-minded Ferdinand.
This shifting of discretionary control out of the hands of the gentlemen into those of the underbred common run, who know how to do what is necessary to be done in the face of underbred exigencies, may conceivably go far when it has once been started, and it may go forward at an accelerated rate if the pressure of necessity lasts long enough.
In its application to the Executive, with reference to the legislative branch of the Government, the same rule of action should make the President ever anxious to avoid the exercise of any discretionary authority which can be regulated by Congress. The biases which may operate upon him will not be so likely to extend to the representatives of the people in that body.
The tribunal, which had convened at Geneva in December, concluded its laborious session on the 14th day of September last, on which day, having availed itself of the discretionary power given to it by the treaty to award a sum in gross, it made its decision, whereby it awarded the sum of $15,500,000 in gold as the indemnity to be paid by Great Britain to the United States for the satisfaction of all the claims referred to its consideration.
In my former messages to Congress I have repeatedly urged the propriety of lessening the discretionary authority lodged in the various Departments, but it has produced no effect as yet, except the discontinuance of extra allowances in the Army and Navy and the substitution of fixed salaries in the latter.
As soon as it was daylight we had assembled in the house of our imprisoned colleague, M. Grévy. We had been installed in his private room. Michel de Bourges and myself were seated near the fireplace; Jules Favre and Carnot were writing, the one at a table near the window, the other at a high desk. The Left had invested us with discretionary powers.
These branches of power, if not directly opposite to the principles of all free government, must, at least, be acknowledged dangerous to freedom in a monarchical constitution, where an eternal jealousy must be preserved against the sovereign, and no discretionary powers must ever be intrusted to him, by which the property or personal liberty of any subject can be affected.
The point in speaking of this contingent whose place in the economy of human affairs it is to consume, or to own, or to pursue a margin of profit, is simply that of contrasting this composite human contingent with the common man; whose numbers account for some nine-tenths or more of the community, while his class accounts for something less than one-tenth of the invested wealth, and appreciably less than that proportion of the discretionary national establishment, the government, national or local, courts, attorneys, civil service, diplomatic and consular, military and naval.
These were, first, the discretionary power vested in the sentries at the scuttle; and, second, the inadequate guard, a solitary man, set for the defence of the great cabin and the arms it contained. Now let us see how these errors of judgment affected the situation.
You will perceive by the accompanying documents that the extraordinary mission from Mexico has been terminated on the sole ground that the obligations of this Government to itself and to Mexico, under treaty stipulations, have compelled me to trust a discretionary authority to a high officer of our Army to advance into territory claimed as part of Texas if necessary to protect our own or the neighboring frontier from Indian depredation.
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