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[clx. 244]
1822 June 28
Constitut. Code
Securities for I Moral
Ch Factitious Dignity excl
On the other hand /But/ that which never has been disputed, nor seems likely to be in any direct way disputed is - that in each individual instance of the reward conferred the quantity ought to bear a correct proportion to the quantity of the service that is the quantity of happiness /felicity/ actually or probably produced by the service
Moreover that at any rate the reward ought to be a proportioned /in proportion/ between service and service: in so much as /that/ as between two services the one productive /pregnant/ of more good than the other, the reward given for that which is productive of least good ought not to be so great as the reward given for that which is productive of the greatest quantity of good: much less still greater
If there were a shape in which the collection of reward did not involve in it the imposition of tax in that shape the matter of reward might be given blindfold and in short ought so to be: it should be given not to this or that individual only or this or that aggregate of individuals but to all mankind without reserve. For who is the individual who by one being endowed with an ordinary store of benevolence would not on every occasion be made more happy if by the same operation no other were made less happy?
But there exists not /scarcely exists/ that shape or that occasion on which the matter of reward can be known to be conferred by the act of government without its involving in itself /its composition/ the evil of a tax: certainly if there be any such shape, factitious dignity is not that shape.
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Title: [[clx. 246] 1822 June 28 Constitut]Description: [clx. 246] 1822 June 28 Constitut Code Securities for I Moral Ch Factitious Dignity excluded 1. Note that in the case here in question the reward is extraordinary reward rendered in consideration of extraordinary service. This will be either service rendered by an individual at large by an individual who was not by any official situation laid under the obligation of rendering the service or service rendered by a public functionary over and above all such service as in virtue of his office he stood bound to render. 2. Note likewise that the question here is - not between reward in other shapes and reward in the shape of dignity; but only between reward in the shape of natural dignity, and reward in the shape of factitious dignity Cases there are in which the nature of the service is such that to constitute an adequate inducement in relation to it an inducement of sufficient strength to cause the service to be rendered dignity can not in any shape be sufficient: reward in a more substantial and universally acceptable shape, viz. in the shape of money - is necessary. Take for example extraordinary service rendered at the hazard of life limb and health in the line of military service. Accordingly in the wisest and most frugal of all governments as yet in existence - the government of the United States, for the procurement of such service reward in this shape is not grudged. To /For/ the widow and orphan of him who is killed in the performance of such service a pension is profited. So likewise for him by whom in the performance of service in that shape a limb has been lost or other comparable bodily damage sustained. 3 Note likewise that when Factitious Dignity is spoken of as a species of reward marked for exclusion by it is meant Factitious Dignity considered in the shape and manner in which it is ordinarily conferred in Monarchies - i.e. without the collection and publication of evidence probative of the existence and indicative of the nature and shape of the service, in remuneration of which it is desired that it should be understood to have been conferred.
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Title: [[clx. 259] 1822 July 4 Constitut]Description: [clx. 259] 1822 July 4 Constitut. Code Rationale Factitious Dignity /Honor/ As time runs on Of the several judgments here indicated an aggregate and continually encreasing body will be formed. To this aggregate some denomination will of course be given. Let it for example be - The Book of good desert or say The Register of meritorious service In it the several individual services will of course be classed /ranged/ under general and specific heads: as likewise the names and other circumstances appertaining to the individuals so /thus/ distinguished. Note (a) Opposite but not the less analogous to this Register will be the Book or Register of ill-desert. The expence attendant on the process of conferring Dignity in this its natural shape, is it liable to the imputation of being excessive If at the expence of a /but a/ single individual reward in money to the amount of any the smallest denomination of coin were claimed, the services of the judicial establishment for the purpose of giving effect to it or rejecting it, are not grudged. But /Nor/ in the shape in question, reward can not it will be seen be given but at the expence of all the members of the community how impalpable so ever may in each instance be the amount of the expence. Where the value of the service appears /shall appear/ not to be such as to warrant this expence no such expence will be incurred The individual by whom it is conceived that a service of this description has been rendered will take his own course for the giving publicity to it At the expence of the public at large and by the act of a public functionary without sufficient and judicial evidence of extra good desert, reward in the shape of honour ought not to be conferred. Honour thus conferred will be natural honor judicially conferred: conferred as the French say /phrase is/ en connoissance de cause.
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Title: [[clx. 273] 1822 July 4 Constitut]Description: [clx. 273] 1822 July 4 Constitut. Code Factitious dignity /Honor/ ?.4. Conferred as usual mischievous Conferred not in those cases the evidence afforded of itself in each individual case with the evidence thus afforded ?.4 Conferred in the only manner as yet in general use factitious honor is in its nature in various ways preponderantly mischievous - detrimental and not /rather than/ contributory to the greatest happiness of the greatest number: and in the first place as conferred in a Monarchy. Arbitrarily conferred, factitious honor is pernicious every where Of The various forms in which it has been conferred in Monarchies a comparative /an analytical/ view has been just given. The cases in which it has thus been given agree all of them in this: namely that they have been given out in a judicial manner: not on the ground of any adequate or determined evidence: Thus given They have therefore little more tendency to be productive of good desert than punishment applied by the same hands, in the same arbitrary manner, would have to be expressive of ill-desert. Of two things of two matters of fact it must be admitted an act of this sort does afford conclusive evidence: that the individual so honored: 1. that he is in favor with the Monarchy or: 2 that at any rate he is not to such a degree out of favor as that the act /reward in this shape/ being proposed by the functionary in question is not thought fit by the Monarch to be refused.
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