"Discretionary" Quotes from Famous Books
 ... mean time invested and captured the fort, it is pertinent to inquire whether Greene, having been acquainted with the distinct wishes of the commander-in-chief not to hazard the post, could not have been justly and properly charged with its loss. Washington's instructions were discretionary only so far as related to the details or perhaps the time of the evacuation; and to leave Greene free, he revoked the order already given to Magaw to defend the fort to the last. Upon the arrival of Washington at Fort Lee, however, one phase ...
— The Campaign of 1776 around New York and Brooklyn • Henry P. Johnston
... to Lombardy: all advices seem to confirm it. There is no telling you what I have felt, and shall feel, till I am certain you are secure. You ask me about Admiral Haddock; you must not wonder that I have told you nothing of him: they know nothing of him here. He had discretionary powers to act as he should judge proper from his notices. He has been keeping in the Spanish fleet at Cales. (315) Sir R. says, if he had let that go out, to prevent the embarkation, the Tories would have complained, and said he had favoured the Spanish trade, under pre tence of hindering an expedition ...
— The Letters of Horace Walpole, Volume 1 • Horace Walpole
... he had devoted a great portion of his life. He was deficient, however, in energy, and, consequently, in that spirit of enterprise which is here so absolutely requisite. He was part owner of the vessel in which he sailed, and was invested with discretionary powers to cruise in the South Seas for any cargo which might come most readily to hand. He had on board, as usual in such voyages, beads, looking-glasses, tinder-works, axes, hatchets, saws, adzes, planes, chisels, gouges, gimlets, files, spokeshaves, ...
— The Works of Edgar Allan Poe - Volume 3 (of 5) of the Raven Edition • Edgar Allan Poe
... It is not done because there is no authority, no control, no one responsible. Two or three gentlemen acquainted with aquatics could manage the river from end to end, to the safety and satisfaction of all, if they were entrusted with discretionary powers. Stiff rules and rigid control are not needed; what is wanted is a rational power freely using its discretion. I do not mean a Board with its attendant follies; I mean a small committee, unfettered, untrammelled by "legal advisers" and ...
— The Open Air • Richard Jefferies
... were accustomed to working subject to the First Level Commercial Regulation Code. Now, any law binding upon our people at home, on the First Level, is inflexible. It has to be. We found out, over fifty centuries ago, that laws have to be rigid and without discretionary powers in administration in order that people may be able to predict their effect and plan their activities accordingly. Naturally, you became conditioned to operating in such a climate ...
— Temple Trouble • Henry Beam Piper
... Legal system: discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law ...
— The 1995 CIA World Factbook • United States Central Intelligence Agency
... August, 1823. What an interesting letter is this last, my truly dear Hetty 'tis a real sister's letter, and such a one as I am at this time frequently looking over of old times! For the rest of my life I shall take charge' and save my own executor the discretionary labours that with myself are almost endless ; for I now regularly destroy all letters that either may eventually do mischief, however clever, or that contain nothing of instruction or entertainment, however innocent. This, which I announce to all my correspondents ...
— The Diary and Letters of Madame D'Arblay Volume 3 • Madame D'Arblay
... may be ample. If he will continue his habit of thinking aloud, will affect situations tending to bring out his leading traits of character; if we may intrude upon him, note-book in hand, in all his moods and crises,—with all this in addition to discretionary use of the magic mirror,—it will be our own fault if Mr. Helwyse be not turned inside out. Properly speaking, there is no mystery about men, but only a great dulness and lethargy in our perceptions ...
— Idolatry - A Romance • Julian Hawthorne
... career give no time for the formation of such an esprit de corps, which, if it exists at all, exists only in the obscure ranks of the permanent subordinates. Boards, therefore, are not a fit instrument for executive business, and are only admissible in it when, for other reasons, to give full discretionary power to a single minister would ...
— Considerations on Representative Government • John Stuart Mill
... certified to cause Lago to be delivered up to the agent of the Governor of Kentucky, who was appointed to demand and receive him." (2) "The duty of the Governor of Ohio was merely ministerial, and he had no right to exercise any discretionary power as to the nature or character of the crime charged in the indictment." (3) "The word 'duty' in the act of 1793 means the moral obligation of the state to perform the compact, in the Constitution, when Congress had, by that act, regulated ...
— The Journal of Negro History, Volume 3, 1918 • Various
... it will be so far only as they illustrate the general scheme. This is the fountain of all those bitter waters of which, through a hundred different conducts, we have drunk until we are ready to burst. The discretionary power of the Crown in the formation of Ministry, abused by bad or weak men, has given rise to a system, which, without directly violating the letter of any law, operates against the spirit of ...
— Thoughts on the Present Discontents - and Speeches • Edmund Burke
... left it in the discretion of his Trustees to distribute a part of his estate for charitable purposes. Could the Trustees, under their discretionary power, hand the card to the Trafalgar Square authorities in reduction of the National Debt? Or ought they first to obtain the consent of the ...
— Punch, or the London Charivari, Vol. 153, Dec. 12, 1917 • Various
... virtue of their sovereignty, suspend them and adopt others adequate to the occasion; that these may not, indeed, from their very nature, cannot be of a fixed and circumscribed kind, but must give large discretionary power into the hands of the Executive, to be used by him in a summary manner as contingencies may indicate; that this abrogation or suspension, for the time, of so much of the ordinary civil law, in favor of the contingent law, is not an abandonment of free ...
— The Continental Monthly, Vol. IV. October, 1863, No. IV. - Devoted to Literature and National Policy. • Various
... A discretionary amount may be assigned by the Probate Court to the widow for the support of herself and minor children and takes precedence of the debts of the deceased. The old law took this allowance out of the personal estate only, and ...
— The History of Woman Suffrage, Volume IV • Various
... class. All works, they announce, had been stopped on the first of May. To this general stoppage, some exceptions, it would seem, were permitted. Memorandum No. 12 of the Relief Department (marked "confidential") vests certain relief officers with a discretionary power to continue the works in those baronies where it would be dangerous to stop them, either because the new measures of relief had not come into operation, or on account of the absence of employment, ...
— The History of the Great Irish Famine of 1847 (3rd ed.) (1902) - With Notices Of Earlier Irish Famines • John O'Rourke
... last an offer was made for all the dresses. The figure named was less than the aggregate estimate placed on them. Mr. Brady, however, having no discretionary power, he declined to close the bargain, but notified Mrs. Lincoln by mail. Of course, as yet, no reply has been received. Mrs. L. desires that the auction should be deferred till the 31st of the present month, and efforts ...
— Behind the Scenes - or, Thirty years a slave, and Four Years in the White House • Elizabeth Keckley
... civil law codes; discretionary system of law controlled by the Amir, although civil codes are being implemented; Islamic law dominates family and personal matters; has not ...
— The 2008 CIA World Factbook • United States. Central Intelligence Agency.
... more exact nor any prediction more accurately based. Henceforth, and by virtue of the Convention's own decrees, not only have the Jacobins the whole of the executive power in their hands, as this is found in civilized countries, but likewise the discretionary power of the antique tyrant or modern pasha, that arbitrary, strong arm which, singling out the individual, falls upon him and takes from him his arms, his freedom, and his money. After the 28th of March, we see in ...
— The Origins of Contemporary France, Volume 3 (of 6) - The French Revolution, Volume 2 (of 3) • Hippolyte A. Taine
... there was compelled to stay till the middle of September. Owing to neglect at the War Office, the peremptory orders to Sir William Howe, to move up the Hudson and make a junction with Burgoyne, were not sent forward. Consequently, Howe, acting upon the discretionary powers which he possessed already, and swayed by political reasons into which it is not necessary to enter, determined to renew his attempt upon Philadelphia. A tentative advance into New Jersey, and the consequent manoeuvres of Washington, satisfied him that the enterprise by this route was ...
— The Major Operations of the Navies in the War of American Independence • A. T. Mahan
... than your Majesty," said the magnificent one blandly. "In the order of precedence I am, indeed, several degrees above him. It is, of course, a Government appointment; but while I hold it my discretionary powers ...
— King John of Jingalo - The Story of a Monarch in Difficulties • Laurence Housman
... held to be and the higher the quality of conduct demanded of him by his fellows. Yet after twenty-one all are held equally responsible—unless they're actually insane. It isn't equity! In theory no man or animal should be subject to the power of discretionary punishment on the part of another—even his own father or master. I've often wondered what earthly right we have to make the animals work for us—to bind them to slavery when we denounce slavery as a crime. It would horrify us to see a human being put up and ...
— Tutt and Mr. Tutt • Arthur Train
... For one, I do not undertake to condemn him. Such things are not against the laws and usages of your country. I do not know fully what reasons of state may have influenced him and justified his conduct. But I do know that there is a vast difference in point of "national morality" between the discretionary power residing in your government to open any letter in the public post office, and a well-defined and limited law to prevent the circulation of certain specified incendiary writings by means of the United ...
— Cotton is King and The Pro-Slavery Arguments • Various
... intention of placing it in the British Museum. Before the books were shipped, they were bought by Mr. George Livermore and a few other literary and public-spirited gentlemen of Boston, and presented to the Athenaeum. Mr. Livermore, as discretionary executor of the estate of Thomas Dowse, the "literary leather-dresser" of Cambridge, added to the gift one thousand dollars, for the purpose of printing a description and catalogue of the collection, which has not ...
— Anti-Slavery Opinions before the Year 1800 - Read before the Cincinnati Literary Club, November 16, 1872 • William Frederick Poole
... of that, I beseech you! It is folly, perversity, frenzy! 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. And thus, my dear Clara, it is my duty, while holding this power over you, to exercise it for preventing the possibility of your ever—either ...
— Capitola the Madcap • Emma D. E. N. Southworth
... Laudian ex-Bishop, who had been committed by the Long Parliament early in 1641 along with Laud and Strafford, and who had been lying in the Tower, all but forgotten, through the intervening nineteen years. At the same time discretionary powers were given to the Council of State to discharge any political prisoners that might be still left.—In the article of punishments the House was very temperate indeed. Notorious Rumpers were removed, of course, from military and civil offices, and there were sharper inquiries after ...
— The Life of John Milton, Volume 5 (of 7), 1654-1660 • David Masson
... government plan the chief object of his campaign should have been his junction with Burgoyne. The government, that is Germain, certainly erred in not giving him precise orders, while Burgoyne had virtually no discretionary power. Yet it was for Howe, as commander-in-chief on the spot, to judge of the situation without explicit instructions. According to his own statements, his view of the situation was that Burgoyne would march ...
— The Political History of England - Vol. X. • William Hunt
... the prompt reply. "They have discretionary power to reject any person who is drunk, or offensively unclean, or indecent, ...
— Isaac T. Hopper • L. Maria Child
... of the crown, however, are not to be vindicated at the expense of its miserable agent. 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 Life and Voyages of Christopher Columbus (Vol. II) • Washington Irving
... justice. The main distinction between justice and all positive virtues I take to be that, whereas compliance with its behests is always imperative, compliance with theirs never is, but is always optional and discretionary. Of whatsoever is, for whatsoever reason, due, it is invariably justice, and justice alone, that demands payment or performance. Justice claims, and claims peremptorily, whatever is owing, but never puts forward the smallest pretension to ...
— Old-Fashioned Ethics and Common-Sense Metaphysics - With Some of Their Applications • William Thomas Thornton
... jurisdictional question does not have to be decided in this case, and we reserve our opinion on it. If the jurisdiction does go so far, it must be discretionary, as the grant of declarations always is. The Court would have to be satisfied that grounds so strong as to require it to act in that unusual way had been made out. In our opinion they would be made out clearly enough ...
— Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster • Sir Owen Woodhouse, R. B. Cooke, Ivor L. M. Richardson, Duncan
... though as fully persuaded of the soul's immortality as the best of us, the unhappy girl, like all young free-thinkers, had persuaded herself that, in dying by her own hands, she was simply exercising a discretionary power under the conviction that her act in doing so was rendered by circumstances a judicious one. The arguments by which she deceived herself are sufficiently commonplace, and too easy of refutation, to render necessary any discussion ...
— Charlemont • W. Gilmore Simms
... Island, again, the court possesses what is termed "discretionary power" in divorce cases. The State Constitution, after specifying the usual prime ground—adultery—goes on to specify: "And for any other cause for which the court shall deem it proper that a divorce should be granted," or "when it shall appear to the satisfaction of the court that ...
— Danger! A True History of a Great City's Wiles and Temptations • William Howe
... the public exigencies will require. The States have no control over the exercise of this right other than that which results from the power of changing the representatives who abuse it, and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of others with which they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the representatives of all the people, checked by the representatives of the States, and by the executive power. The South Carolina ...
— Key-Notes of American Liberty • Various
... large discretionary powers. We have a very strong branch over on this side, but I would very much rather induce you to stay here without ...
— The Yellow Crayon • E. Phillips Oppenheim
... name to the commander; who being an enthusiast in every thing relating to discoveries, received it with a satisfaction which shewed, that, though a trifle, nothing could have been more acceptable. Captain Clerke had likewise entrusted me with a discretionary power of shewing him a chart of the discoveries made in the present voyage; and as I judged that a person in his situation, and of his turn of mind, would be exceedingly gratified by a communication of this sort, though, out of delicacy, he had forborn to ask more than a few general ...
— A General History and Collection of Voyages and Travels, Volume 17 • Robert Kerr
... sollicit me for him. I am frequently chid by the poor believing Man my Husband, for shewing an Impatience of his Friend's Company; and I am never alone with my Mother, but she tells me Stories of the discretionary Part of the World, and such a one, and such a one who are guilty of as much as she advises me to. She laughs at my Astonishment; and seems to hint to me, that as virtuous as she has always appeared, I am not the Daughter of her Husband. It is possible that printing this Letter ...
— The Spectator, Volume 2. • Addison and Steele
... meeting the confusion and scandal created by the movements of the errorists; and, with a view to correct these disorders, the council agreed to invest the moderator of each presbytery with increased authority, to give him a discretionary power as the general superintendent of the Church, and to require the other elders, as well as the deacons, to act under his advice and direction. A new functionary was thus established, and, under the old name of bishop or overseer, a third order was ...
— The Ancient Church - Its History, Doctrine, Worship, and Constitution • W.D. [William Dool] Killen
... sea without his consort, and very indifferently provided, Captain Clipperton found himself under the necessity of using a discretionary power of dispensing in some respect from his instructions; but which freedom he rarely exercised, and then with the utmost caution. In all essential points he carefully complied with the instructions, constantly consulting with his officers, ...
— A General History and Collection of Voyages and Travels, Volume X • Robert Kerr
... attacked by the Malatana (Caroline) tribe, who killed the officer and 27 of his men. The news was telegraphed to the Home Government, and caused a great sensation in Madrid. A conference of Ministers was at once held, and the Canovas del Castillo Ministry cabled to the Gov.-General Weyler discretionary power to punish these islanders. Within a few months troops were sent from Manila for that purpose. Instead, however, of chastising the Kanakas, the Government forces were repulsed by them with great slaughter. The commissariat arrangements were most deficient: my ...
— The Philippine Islands • John Foreman
... the wrong,—he changed his ground, and pointed to the shipping papers of the Pilgrim, from which my name had never been erased, and said that there was my name,—that I belonged to her,—that he had an absolute discretionary power,—and, in short, that I must be on board the Pilgrim by the next morning with my chest and hammock, or have some one ready to go in my place, and that he would not hear another word from me. No court or star chamber could ...
— Two Years Before the Mast • Richard Henry Dana
... medical students shall be entitled to the use of the college library under the discretionary restrictions ...
— The History of Dartmouth College • Baxter Perry Smith
... deny it would be very desirable if you could soon make an arrangement with the Hartels about the "Nibelungen," for which object, in accordance with your kind offer, I gave you discretionary power. If you should succeed in this, it would certainly be advisable to interest the Weimar Court in my work, to the extent that it might for some time grant me certain advantages on account of the honorarium which I should receive ...
— Correspondence of Wagner and Liszt, Volume 2 • Francis Hueffer (translator)
... expressly and pointedly corroborated the natural and lawful authority of Lady Vargrave in all matters connected with Evelyn's education and home. It may be as well, in this place, to add, that to Vargrave and the co-trustee, Mr. Gustavus Douce, a banker of repute and eminence, the testator left large discretionary powers as to the investment of the fortune. He had stated it as his wish that from one hundred and twenty to one hundred and thirty thousand pounds should be invested in the purchase of a landed estate; but he had left it to the discretion of the trustees to increase that sum, even to ...
— Alice, or The Mysteries, Complete • Edward Bulwer-Lytton
... became excursive, discretionary, almost capricious; but in every phase and form it continued to be beneficent. In 1808 he founded a prize in Glasgow College, as an acknowledgment of "the many favors that learned body had conferred upon him." In 1816 he made a donation ...
— Great Men and Famous Women. Vol. 6 of 8 • Various
... not taken in the act, yet his guilt was so manifest, that the gendarmes were justified in acting as if they had caught him perpetrating the crime, while in offences of great atrocity the police have also a discretionary power to arrest offenders, even without warrants. Though in this particular instance the result is not much to be regretted, yet it is obvious, that the admission of such a principle, and such an interpretation of the law, gives the police unlimited power of arrest, ...
— Rome in 1860 • Edward Dicey
... before us. We all hoped that the commodore would push on and capture the capital. As far as we saw, there was nothing to prevent him, but the orders he had received were simply to survey the river as high as Prome, and then to return; so of course he had to obey them. Why he had not been given discretionary powers to proceed farther, I don't know. A golden opportunity was lost of catching the King of Ava by the nose, for we had so nimbly doubled on old Bundoolah that the chances were we should not have met with the slightest opposition. ...
— The Three Commanders • W.H.G. Kingston
... dread, even when exercised by their own agents. The early State constitutions concentrated all power in the legislature, leaving the executive and judicial officials little to do but execute the laws. The only discretionary powers enjoyed by governors were in connection ...
— The Wars Between England and America • T. C. Smith
... educational agencies at work in the South, but had dared to ignore the outrageous statute which makes it a crime for any school, public or private, to teach black and white scholars in the same building or have any white teachers to eat and sleep in the same house with their Negro pupils. If these discretionary rights are not guaranteed by our national Constitution to American citizens, then the professed abolition of slavery and of the color line in citizenship is a wretched farce. Nobody can question the intent of the proclamation of emancipation ...
— The American Missionary - Volume 50, No. 6, June 1896 • Various
... other can, however, be shortened and lessened if attacks can be supported by a most efficient and powerful force of artillery available; but an almost unlimited supply of ammunition is necessary, and a most liberal discretionary power as to its use must be given to artillery commanders. I am confident that this is the only means by which great results can be obtained ...
— New York Times Current History; The European War, Vol 2, No. 2, May, 1915 - April-September, 1915 • Various
... Hungarian parliament would have pronounced the forfeiture of the House of Austria so far back as October, 1848, when Jellachich was appointed absolute plenipotentiary of the King in Hungary, with discretionary power of life and death; or in December, 1848, when in Olmuetz the succession of the Hungarian throne was changed and determined, without the concurrence of the nation through the Diet. To force the nation and its ...
— Select Speeches of Kossuth • Kossuth
... the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department, and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices ...
— Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford • Benjamin C. Howard
... The discretionary instructions with which your excellency was pleased to furnish me, leaving me at liberty as to the course to be pursued by the expedition on its return to Port Jackson, I determined to attempt making the sea-coast on an easterly course, first proceeding along the base of the high range before ...
— Journals of Two Expeditions into the Interior of New South Wales • John Oxley
... troublesome when Turkey herself came into the war, had not Government deemed it advisable to put a stop to the mischievous activities of the two chief firebrands, the brothers Mahomed Ali and Shaukat Ali, by interning them under the discretionary powers conferred upon it by the Defence of India Act. Indian Mahomedan troops fought with the same gallantry and determination against their Turkish co-religionists in Mesopotamia and Palestine as against the German enemy in France ...
— India, Old and New • Sir Valentine Chirol
... imposed upon Foreigners after they have been made citizens. But, more than this, the Constitution leaves it discretionary whether to make them citizens at all. It simply confers the power—simply permits. Here is the remaining clause, to which we ...
— Americanism Contrasted with Foreignism, Romanism, and Bogus Democracy in the Light of Reason, History, and Scripture; • William Gannaway Brownlow
... years. the female at this age is surrendered to her sovereign lord and husband agreeably to contract, and with her is frequently restored by the father quite as much as he received in the first instance in payment for his daughter; but this is discretionary with the father. Sah-car-gar-we-ah had been thus disposed of before she was taken by the Minnetares, or had arrived to the years of puberty. the husband was yet living and with this band. he was more than double her ...
— The Journals of Lewis and Clark • Meriwether Lewis et al
... when the little vessel that brought them dropped her anchor again in the cove. Lieutenant Ball, having lost an anchor at Norfolk Island, did not think it prudent to attempt to fall in with the shoal seen by the Golden Grove storeship; his orders on that head being discretionary. ...
— An Account of the English Colony in New South Wales, Vol. 1 • David Collins
... however unconstitutional, not only justifiable but wise, in a moment of such danger. But the refusal of the minister to acknowledge the illegality of the proceeding by applying to the House for an Act of Indemnity, and the transmission of the same discretionary orders to the soldiery throughout the country, where no such imminent necessity called for it, were the points upon which the conduct of the Government was strongly, and ...
— Memoirs of the Life of the Rt. Hon. Richard Brinsley Sheridan V1 • Thomas Moore
... Baby had grown to a discretionary age, and was at all able to know truth from error—supposing that to be knowable—there were in the country fifty thousand reverend gentlemen of every tincture of religious opinion who might ply him with their various theories, yet few of these ...
— Ginx's Baby • Edward Jenkins
... plan should include, in its execution, a considerable reduction of improper expense; that it should effect a conversion of unprofitable titles into a productive estate; that it should lead to, and indeed almost compel, a provident administration of such sums of public money as must remain under discretionary trusts; that it should render the incurring debts on the civil establishment (which must ultimately affect national strength and national credit) so very difficult as ...
— The Works of the Right Honourable Edmund Burke, Vol. II. (of 12) • Edmund Burke
... Dalgetty, "I am doubtless at your discretionary disposal in this matter; not the less, I pray you to remember the blot which will fall upon your own escutcheon, if you do in any way suffer me, being a commissionate flag of truce, to be circumvented in this matter, whether CLAM, VI, VEL PRECARIO; ...
— A Legend of Montrose • Sir Walter Scott
... inquire into his conduct, the Court sent to Hispaniola a commander of the order of Calatrava, named Francis de Bovadilla, to whom were given the titles of Governor-general, and Intendant of Justice. He was in reality meant to supersede Columbus. Bovadilla, invested with discretionary powers, set out with two caravels towards the end of June, 1500. On the 23rd of August, the colonists sighted the two ships, which were then endeavouring to enter ...
— Celebrated Travels and Travellers - Part I. The Exploration of the World • Jules Verne
... his grave face betrayed no emotion whatever. Nevertheless, he was seriously and deeply preoccupied. 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. The more he examined the deed of this woman, the more ...
— Les Miserables - Complete in Five Volumes • Victor Hugo
... great a confidence[47] in the strength of fort Washington, and a conviction of its importance, General Greene had not withdrawn its garrison under the discretionary orders he had received, but still indulged a hope that the post might be maintained, or, should its situation become desperate, that means might be found to transport the troops across the river to the Jersey shore, which was defended ...
— The Life of George Washington, Vol. 2 (of 5) • John Marshall
... At any rate the direct influence of the crown was much less effective than it would have been had the colony been within easy reach. The governor and intendant were accordingly endowed by the force of circumstances with large discretionary powers. When they agreed it was possible to order things about as they chose. When they disagreed on any project the matter went off to the king for decision, which often meant that ...
— The Seigneurs of Old Canada: - A Chronicle of New-World Feudalism • William Bennett Munro
... madam," replied Basil, in the same level tones, "and the fact is that I am so much gratified with your exhibition of loyalty that I permit myself the pleasure of exercising some very large discretionary powers. You would not leave this room at the request of these gentlemen. But you know that you can ...
— The Club of Queer Trades • G. K. Chesterton
... of Hamilton to represent his majesty in Scotland and to subdue the Covenanters. Hamilton accepted the commission and entered upon his stupendous task. He was authorized to deceive and betray, to arrest and execute, to feign friendship and wage war—to use discretionary power; the manner would not be questioned if ...
— Sketches of the Covenanters • J. C. McFeeters
... sons, on the near kinsman of her husband; if he left no kinsman, on those of her father; if she have no parental kinsman, on the sovereign. A woman must never seek independence."[D] Not permitted to have any discretionary power over her own actions at any period of her life, but held in every respect subject to the will of her husband, or some other male guardian, she is nevertheless to be unswervingly faithful to her lord while he lives; and no matter how cruelly he may have treated ...
— Woman: Man's Equal • Thomas Webster
... that those pictures were the best in the room, and consequently deserved the chief attention. This partial, though unmerited, selection gave displeasure to the artists in general. Nor were they pleased with the mode of admitting the spectators, for every member of the Society had the discretionary privilege of introducing as many persons as he chose, by means of gratuitous tickets; and consequently the company was far from being select, or suited to the wishes of the exhibition. These circumstances, together with the interference of the Society ...
— Six Centuries of Painting • Randall Davies
... take all the necessary measures for the defence of the country in case of war." The Chamber had passed the motion through its various stages in one sitting and had appointed the Governor of Paris head of the Committee of National Safety, with discretionary powers. This implied an ...
— The Frontier • Maurice LeBlanc
... second note at Valentine's house, the messenger was informed that Mr. Blyth was expected back on the next day, or on the day after that, at the latest. Having a discretionary power to deal as she pleased with her husband's correspondence, when he was away from home, Mrs. Blyth opened the letter as soon as it was taken up to her. Madonna was in the room at the time, with her bonnet and shawl on, just ready to go out for her usual daily walk, with Patty the housemaid ...
— Hide and Seek • Wilkie Collins
... it will come, but I doubt it. If indeed it is wafted through the air it may, but I don't think it will if it is only to be communicated by contact. All the evidence proves that goods cannot convey it; nevertheless we have placed merchandise under a discretionary quarantine, and though we have not promulgated any general regulations, we release no vessels that come from infected places, or that have got enumerated goods on board. Poulett Thomson, who is a trader as well ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William IV, Vol. II • Charles C. F. Greville
... complaining one day bitterly of this state of things, for which he knew no remedy, she told him that she would find the remedy, and undertake to recover what was lost and redeem what remained, if he would give her absolute discretionary power to deal with his property as she pleased, and not interfere with her management of it for a whole year. He agreed to this, but, not satisfied with his promise, she made him bind himself by oath and, moreover, execute documents, giving her legal power ...
— Records of Later Life • Frances Anne Kemble
... that Flannagan and I, with David, the tin-type man and the tumblers, fell on the "Department of Military and Internal Peace," when we were looking for permits to ship cargoes and deliver Japanese performances, under the sign "Office of Discretionary Regulations." That may have been all right enough, for most of the departments were that accommodating they would do any agreeable business that came their way; but it appeared to me, the revolutions left the government too ...
— The Belted Seas • Arthur Colton
... children, even negotiating marriage for them. Abraham besought Eliezer his servant, to take a solemn oath, that HE would not take a wife for Isaac of the daughters of the Canaanites, but from Abraham's kindred. The servant went accordingly, and himself selected the individual. Servants also exercised discretionary power in the management of their master's estate, "And the servant took ten camels, of the camels of his master, for all the goods of his master were under his hand." Gen. xxiv. 10. The reason assigned for taking them, is not that such was Abraham's ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... the noble lord, that they are directed to be careened oftener, if there be occasion; terms by which a discretionary power is implied, of which yet it does not appear in whose hands it is lodged. Let us consider, my lords, what inconvenience can arise from the clause as it now stands, and what corruption or negligence can ...
— The Works of Samuel Johnson, Vol. 11. - Parlimentary Debates II. • Samuel Johnson
... President Jackson. A Democratic Committee of Congress which investigated the mismanagement of the Post-Office Department, ascribed much of the rascality to "the large disbursements of money under the name of extra allowances. It is a puzzling problem to decide whether this discretionary power, throughout its whole existence, has done most mischief in the character of impostor upon the Department, or seducer to contractors. It has, doubtless, been an evildoer ...
— Perley's Reminiscences, Vol. 1-2 - of Sixty Years in the National Metropolis • Benjamin Perley Poore
... breath if he tried to explain matters until he was brought before someone who was really in authority. Then, if he had any luck, he might be able to clear things up. But the men who arrested him were only doing their duty as they saw it, and they had no discretionary power at all. ...
— Facing the German Foe • Colonel James Fiske
... In vain those obdurate women had been conjured to withhold their credentials, and not thrust a question that must produce such discord on the Convention. Lucretia Mott, in her calm, firm manner, insisted that the delegates had no discretionary power in the proposed action, and the responsibility of accepting or rejecting them must ...
— History of Woman Suffrage, Volume I • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage
... trackless wilderness. While on the march with about two thousand men, Hull was informed of the declaration of war, which news at the same time reached the British posts in Canada, and his little army was in imminent peril. The government gave Hull discretionary ...
— Sustained honor - The Age of Liberty Established • John R. Musick,
... captain-general over all New South Wales, which then meant from Cape York, in the extreme north of Australia, to the "south cape of Van Diemen's Land," then, of course, supposed to be part of the main continent. He was ordered to land at Botany Bay and there form the settlement, but was given a discretionary power to change the site, if he considered ...
— The Naval Pioneers of Australia • Louis Becke and Walter Jeffery
... another question, about which men may differ; but when the French nation, by its subsequent act, had condoned it, and formally conferred dictatorial powers on the prince-president, the principal had approved the act of his agent, and given him discretionary powers, and nothing more was to be said. The imperial constitution and the election of the president to be emperor, that followed on December 2d, 1852, were strictly legal, and, whatever men may think of Napoleon III., it must be ...
— The American Republic: Its Constitution, Tendencies, and Destiny • A. O. Brownson
... School Committee of Boston, under the authority perhaps of the City Council, had a legal right to establish and maintain special primary schools for the blacks. He believed, too, that in the exercise of their lawful discretionary power they could exclude white pupils from certain schools and colored pupils from certain other schools when, in their judgment, the best interests of ...
— The Education Of The Negro Prior To 1861 • Carter Godwin Woodson
... the appropriations agreeably to the laws already made. This view was sanctioned by practice. Mr. Gallatin immediately opposed this as an alarming and dangerous principle. He insisted that there was a certain discretionary power in the House to appropriate or not to appropriate for any object whatever, whether that object were authorized or not. It was a power vested in the House for the purpose of checking the other branches of government whenever ...
— Albert Gallatin - American Statesmen Series, Vol. XIII • John Austin Stevens
... the odious task of persecution, dismissed the charge with contempt, or suggested to the accused Christian some legal evasion, by which he might elude the severity of the laws. [67] Whenever they were invested with a discretionary power, [68] they used it much less for the oppression, than for the relief and benefit of the afflicted church. They were far from condemning all the Christians who were accused before their tribunal, and very far from punishing with death all those who were convicted of an obstinate adherence ...
— The History of The Decline and Fall of the Roman Empire - Volume 2 • Edward Gibbon
... awards regrets that the discretionary power of the Exposition Company restricted the appointive power of the board, and that the late hour of the appointments prevented a number ...
— Final Report of the Louisiana Purchase Exposition Commission • Louisiana Purchase Exposition Commission
... M. Faugère is strongly defended in his preface. He allowed himself no discretionary powers of emendation, because “the limits of such a power might,” he says, “be too easily overstepped, and would have left room for belief that greater liberties had been taken than was actually the case.” “The manuscripts,” he adds, “have been read, or rather studied, page by page, line ...
— Pascal • John Tulloch
... either Parliament or the country. No other select committee has any comparable power; and considering how carefully we have fettered and limited the powers of all other subordinate authorities, our allowing so much discretionary power on matters peculiarly dangerous and peculiarly delicate to rest in the sole charge of one secret committee is exceedingly strange. No doubt it may be beneficial; many seeming anomalies are so, but at first sight it does ...
— The English Constitution • Walter Bagehot
... visitors at Kirkbyres—not that she liked being alone, or indeed being there at all, for she would have lived on the Continent, but that her son's trustees, partly to indulge their own aversion to her, taking upon them a larger discretionary power than rightly belonged to them, kept her too straitened, which no doubt in the recoil had its share in poor Stephen's misery. It was only after scraping for a whole year that she could escape to Paris or Homburg, where she ...
— Lippincott's Magazine of Popular Literature and Science Vol. XV., No. 85. January, 1875. • Various
... numbers were too small; they failed, and the lives of the Protestants were in their enemies' hands.[403] Simultaneously Gardiner obtained for the bishops' courts their long-coveted privilege of arbitrary arrest and discretionary punishment, and the clergy obtained, as they desired, the restoration of their legislative powers. The property question alone disintegrated the phalanx of orthodoxy, and left an opening for the principles of liberty to assert themselves. The faithful and ...
— The Reign of Mary Tudor • James Anthony Froude
... are any three things opposed to the genius of the American Constitution, they are these: irresponsibility in a judge, unlimited discretionary authority in an executive, and the union of an irresponsible judge and an unlimited executive in ...
— White Jacket - or, the World on a Man-of-War • Herman Melville
... the Company's demand in England has rarely fallen short of two thousand tons, nor much exceeded two thousand five hundred. A discretionary allowance of this commodity has been made to the French, Dutch, and Danes, who purchase their allotted shares at some small advance on the Company's price. The supply destined for the London market is proportioned to the spare tonnage; and to accommodate that tonnage, the saltpetre is ...
— The Works of the Right Honourable Edmund Burke, Vol. VIII. (of 12) • Edmund Burke
... My husband and I have long been accustomed to preparing tracts and small periodicals for the press, so that I think we know exactly what ought to be made public and what not. If thou likest to give me this discretionary power, do so, and I will endeavor to exercise it wisely, and in a way that I feel almost certain would be in accordance ...
— The Underground Railroad • William Still
... formally given to this Government, it is confidently expected that the extensive powers conferred by the Order in Council on the executive officers of the Crown will be restricted by "orders issued by the Government" directing the exercise of their discretionary powers in such a manner as to modify in practical application those provisions of the Order in Council which, if strictly enforced, would violate neutral rights and interrupt legitimate trade. Relying on the faithful ...
— New York Times Current History; The European War, Vol 2, No. 4, July, 1915 - April-September, 1915 • Various
... men-of-war came up the Hudson, and, now that the British army was free, more clearly than ever, that both forts ought to be abandoned. Sure of his ground, he overruled Congress, but was so far influenced by Greene that he gave to that officer discretionary orders as to withdrawal. This was an act of weakness, as he afterwards admitted, for which he bitterly reproached himself, never confusing or glossing over his own errors, but loyal there, as elsewhere, to facts. An attempt was made ...
— George Washington, Vol. I • Henry Cabot Lodge
... other tax for two years preceding the election, and could read, or understand and interpret when read to them, any section of the constitution of the State. Under this clause, between the cumulative tax and the large discretionary powers vested in the officers of enrollment, the negro electorate was reduced until it was negligible in Mississippi; and it was a subject of admiration for other Southern States, ...
— The New Nation • Frederic L. Paxson
... discovered in advance questions to be asked; she urged upon the authorities the absolute necessity of accepting this promising student. The president himself was biased. He hinted that the function of examiners was not so much to make absolute measurement of scholastic attainments as to manifest a discretionary view of possibilities, and to remember that examination papers were often incapable of gauging the most important natural endowments of the candidate; that sometimes when it was necessary to put a blood horse ...
— The Preacher of Cedar Mountain - A Tale of the Open Country • Ernest Thompson Seton
... Secretary of the Navy has, with the sanction of the President, abused his discretionary power in the selection of a coal agent and in the purchase of fuel for ...
— Recollections of Forty Years in the House, Senate and Cabinet - An Autobiography. • John Sherman
... ancient pattern of masterful tutelage and usufruct that marked the old-fashioned patrimonial State,—and that still marks the better preserved ones among its modern derivatives. And so intrinsic to these governmental establishments are these discretionary powers, and by so unfailing a popular bias are they still accounted a matter of course and of axiomatic necessity, that they have invariably been retained also among the attributes of those democratic governments that trace ...
— An Inquiry Into The Nature Of Peace And The Terms Of Its Perpetuation • Thorstein Veblen
... originally been the intention of Lord George Bentinck, at the request of leading merchants and manufacturers of all parties and opinions, to have brought forward the question of the Bank Act after these holidays, and to move a resolution that some discretionary power should be established as to the issue of notes. He thus alludes to this point in a letter to Mr. Wright, of ...
— Lord George Bentinck - A Political Biography • Benjamin Disraeli
... ever so high a nature; as at Athens, where the people at large judge the magistrates when they come out of office, and decide concerning public affairs as well as private contracts: that the supreme power should be in the public assembly; and that no magistrate should be allowed any discretionary power but in a few instances, and of no consequence to public business. Of all magistrates a senate is best suited to a democracy, where the whole community is not paid for giving their attendance; for in that case it; loses its power; ...
— Politics - A Treatise on Government • Aristotle
... Qatar discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law dominates family ...
— The 2004 CIA World Factbook • United States. Central Intelligence Agency
... became troubled to account for his non- appearance. The last letter from him had been received on 13th January. Early in March Mr Jackson wrote to Mr Brackenbury asking for news of him. A letter to Mr Williams at Seville was enclosed, which Mr Brackenbury had discretionary powers to withhold if he were able to supply the information himself. Two letters that Borrow had addressed to the Society it appears had gone astray, and as "one steamer . . . arrived after another and yet no news from Mr Borrow," some apprehension ...
— The Life of George Borrow • Herbert Jenkins
... Their discretionary powers were unusually large, as appears from the first act with which the visitors commenced operations. On their own responsibility, they issued an inhibition against the bishops, forbidding them to exercise any portion of their jurisdiction ...
— History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II. • James Anthony Froude
... acquaintance with Miss S. D., now Mrs. S., and with Miss S. was on tolerable terms of intimacy. Could I but reconnoitre a while, and find how the land lay, I might, perhaps, be able to graduate my compliments with some propriety, from cold respects to affectionate regards. I think I must leave you discretionary orders on this head, begging you to make use of all the policy of war. There is no knowing of what importance ...
— Memoirs of Aaron Burr, Complete • Matthew L. Davis
... the honour to request an immediate hearing for this witness.... It is your absolute right, Monsieur the president: you have full discretionary powers." ...
— A Nest of Spies • Pierre Souvestre
... almost every species of artificial society, and in all times. We found, or we thought we found, an inconvenience in having every man the judge of his own cause. Therefore judges were set up, at first, with discretionary powers. But it was soon found a miserable slavery to have our lives and properties precarious, and hanging upon the arbitrary determination of any one man, or set of men. We fled to laws as a remedy for this evil. By these we persuaded ...
— The Works of the Right Honourable Edmund Burke, Vol. I. (of 12) • Edmund Burke
... Catholic): "The change of discipline which has taken place as to baptism should not surprise us, for, although the church is but the dispenser of the sacraments which her Divine Spouse instituted, she rightfully exercises a discretionary power as to the manner of their adminstration. Immersion was well suited to the Eastern nations, whose habits and climate prepared them for it, and was, therefore, practiced in the commencement, whenever necessity did not ...
— To Infidelity and Back • Henry F. Lutz
... pretends to decide every controversy by the rules of natural equity, we allow that he is possessed of discretionary powers. When a judge in Europe is left to decide, according to his own interpretation of written laws, is he in any sense more restrained than the former? Have the multiplied words of a statute an influence over the conscience and ...
— An Essay on the History of Civil Society, Eighth Edition • Adam Ferguson, L.L.D.
... discretion, exercise one's discretion; take upon oneself, take one's own course, take the law into one's own hands; do of one's own accord, do upon one;s own authority; originate &c. (cause) 153. Adj. voluntary, volitional, willful; free &c. 748; optional; discretional, discretionary; volitient[obs3], volitive[obs3]. minded &c. (willing) 602; prepense &c. (predetermined) 611[obs3]; intended &c. 620; autocratic; unbidden &c. (bid &c. 741); spontaneous; original &c. (casual) 153; ...
— Roget's Thesaurus
... entered upon, a singular difficulty presented itself. Not any of the witnesses of the events of the 10th of November, would make a deposition against Sam. The presiding judge threatened them with his discretionary power in vain. Sam then commanded them to give evidence. All their tongues were loosed. They ...
— Graham's Magazine Vol XXXIII No. 4 October 1848 • Various
... imprisonment and then recommend transfer to an industrial school. Such a system is not only cumbersome, but is fundamentally wrong, and should be remedied as soon as possible. The Courts should have discretionary powers to commit any young offender under eighteen years of age ...
— Mental Defectives and Sexual Offenders • W. H. Triggs, Donald McGavin, Frederick Truby King, J. Sands Elliot, Ada G. Patterson, C.E. Matthews
... nine-tenths being of necessity divided equally among the direct heirs. Yet so strong was the reaction in favour of the Roman principle of paternal authority, that Bonaparte and a majority of the drafters of the new Code scrupled not to assail that maxim, and to claim for the father larger discretionary powers over the disposal of his property. They demanded that the disposable share should vary according to the wealth of the testator—a remarkable proposal, which proves him to be anything but the unflinching champion of revolutionary legal ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose
... capitals throughout: as, "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 ...
— The Grammar of English Grammars • Goold Brown
... assumes to confer discretionary powers upon the Executive. Without the law I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now, I think it is proper for our military commanders to employ as laborers as many persons of African descent ...
— A Compilation of the Messages and Papers of the Presidents: Lincoln - Section 1 (of 2) of Volume 6: Abraham Lincoln • Compiled by James D. Richardson
... "Is there no discretionary power left?" inquired the Captain. "It must be oppressive, if carried out; Good men-whether they be white or black-are entitled to the advantages due them; but where laws such as you describe are carried ...
— Manuel Pereira • F. C. Adams
... sure, be told that I exaggerate this power. It has been admitted here and elsewhere that I do not. But I want no such concession. It is manifest that as a discretionary power it is everything or nothing—that its head is in the clouds, or that it is a mere figment of enthusiastic speculation—that it has no existence, or that it is an alarming vortex ready to ...
— American Eloquence, Volume II. (of 4) - Studies In American Political History (1896) • Various
... be made by one tribe on another. But such inactivity did not appeal to a red-blooded officer like Colonel Snelling, who wrote after the trouble in 1827: "I have no hesitation in Saying that the Military on this frontier are useless for want of discretionary power, and that if it is not intrusted to the Commander, Men of Straw with Wooden Guns and Swords will answer the purpose as well as a ...
— Old Fort Snelling - 1819-1858 • Marcus L. Hansen
... the erection of churches and support of the clergy perplexed the executive. The ordinary revenue showed symptoms of declension, and the council passed a bill which declared that new imposts were impracticable, and vested a discretionary power in the government to refuse assistance to any new undertaking (1841). Thus the principle of the church act was subverted, and the grant of money for purposes of religion confided solely to ...
— The History of Tasmania, Volume I (of 2) • John West
... upon these gentlemen discretionary powers to pass the limits of Connecticut, whenever and wherever, in the prosecution of their labors, the interests of science required them so to do." After this, we rarely crossed the State line but Percival observed, "We are now taking advantage of our discretionary powers." ...
— Atlantic Monthly, Vol. 4, No. 21, July, 1859 • Various
... which she was devoted. All that was rambling and inapplicable in her wild declamation they consigned to oblivion. Whatever seemed to bear on the question proposed they preserved. The persons by whom the responses were digested into hexameter verse, had of course a commission attended with great discretionary power. They, as Horace remarks on another occasion, [2] divided what it was judicious to say, from what it was prudent to omit, dwelt upon one thing, and slurred over and accommodated another, just as would best suit the purpose they had in hand. Beside this, for the most part they clothed ...
— Lives of the Necromancers • William Godwin
... his farm, and thus increased its value, or he may have a large family, and find it a hard matter to make the two ends meet, or he himself, or his wife or children, may have been suffering from sickness. In such cases Sir Reginald was wont to give me discretionary power, and was always more inclined to lower than raise the rent of ...
— Won from the Waves • W.H.G. Kingston
... chairman, presented a valuable report giving some interesting information in regard to the prevalence of venereal disease, in New Zealand. The committee recommended that syphilis be declared a notifiable disease; that notification be encouraged and discretionary, but not compulsory; and that the Chief Medical Officer of Health be the only person to whom the notification be made. They also recommended the provision of laboratories for the diagnosis of syphilis, and that free treatment for syphilis be provided ...
— Venereal Diseases in New Zealand (1922) • Committee Of The Board Of Health
... to receive my theology or any other species of guidance, in fact—from the 'spirits,' so called. I have no more confidence, apart from my own conscience and discretionary selection, in spirits out of the body than in those embodied. The submission of the whole mind and judgment carries you in either case to the pope—or to the devil. So I think. Don't let them bind you hand and foot. Resist. ...
— The Letters of Elizabeth Barrett Browning, Volume II • Elizabeth Barrett Browning
... might need, and an asylum in his dominions if he should be compelled to leave Rome. He did more; he relaxed the bonds of the press, improved the administration of justice, deprived the police of their discretionary power, enlarged and amended the Council of State, emancipated the communes, and allowed their officers to be chosen by popular vote. The character and example of Pius seemed likely to effect as great and as beneficial changes out of his dominions as within them. Those of the Italian sovereigns ...
— The Great Events by Famous Historians, Vol. 17 • Charles Francis Horne
... not be hard to compute how, in the intermediate years, the growths may be made, according to what is set down in the following table, wherein making the doubling to be ten years at first, and within 1,200 years at last, we take a discretionary liberty, but justifiable by observations and the Scriptures for the rest, which table we leave to be corrected by historians who know the bigness of ancient cities, armies, and colonies in the respective ages of the world, in ...
— Essays on Mankind and Political Arithmetic • Sir William Petty
... specifically repeal the laws relating to the subject that were already on the statute-books. He admitted that governors-general were still arresting without warrant, exiling without trial, suppressing newspapers without a hearing, and dispersing public meetings by an arbitrary exercise of discretionary power; but he maintained that in so doing they were only obeying imperial ukases which antedated the freedom manifesto and which that document had not abrogated. In all provinces, he said, where martial law had been declared, or where it might ...
— McClure's Magazine, Vol. 31, No. 1, May 1908 • Various
... Hardinge, here inserts an extract from the despatch of that Court, for his information; that it is as follows:— 'We have, after the most serious consideration, come to the determination of granting to you the discretionary power which you have requested, from us for placing the Oude territories under the direct management of officers of the British Government; and you are hereby empowered, if no real and satisfactory improvement ...
— A Journey through the Kingdom of Oude, Volumes I & II • William Sleeman
... subjecting those who sold without licenses to penalties; but in May last the supreme court of the District held against this view of the powers of the Commissioners. It is of urgent importance, therefore, that Congress should supply, either by direct enactment or by conferring discretionary powers upon the Commissioners, proper limitations and restraints upon the liquor traffic in the District. The District has suffered in its reputation by many crimes of violence, a large per cent of them resulting from drunkenness and the liquor traffic. The capital ...
— A Compilation of the Messages and Papers of the Presidents, Volume IX. • Benjamin Harrison |
