date

[clx. 246] 1822 June 28 Constitut
[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: [[xxxviii. 60] 1822 June 29.]
    Description: [xxxviii. 60]

    1822 June 29.

    Constitutional Code

    Ch. Factitious dignity exposed

    17. Subjects of deception are

    1. Existence of the supposed service.

    2. Magnitude of do.

    3. Need of reward for producing it.

    4. Quantity of reward needed.

    By greatest happiness principle, remedies are here afforded, remedies such as have never been afforded under Monarchy.

    18. Notandums. Sole service to which such extraordinary reward can aptly be applied, extraordinary service - viz. 1. Service rendered to others by individuals at large not under obligation as to do.

    2. Service rendered by functionary to public, over and above what by office he was under obligation to render.

    19. True: cases exist, where to preserve requisite extra service, reward is needed in more substantial and universally acceptable shape, viz. money. Example. At risk of life, limb, and health, extra military service. Thus are pensions for loss of limb, life and wounds given by U.S. most frugal and wise of Governments.

    20. Notandum 3d. Factitious dignity here marked for exclusion is do. as ordinarily conferred on Monarchies: i.e. without collection and publication of evidence of the service on which this reward was grounded.

    21. Sole means by which Government should be instrumental in conferring dignity as a reward: collection and publication of the evidence probatory of the existence, shape, and quantity of the service: with the evil sustained or hazarded by the service-renderer: evil - viz. to himself.
  • Title: [[clx. 257] 1822 July 4 Constitut]
    Description: [clx. 257]

    1822 July 4

    Constitut. Code

    Factitious Dignity /Honor/

    ?.3. Arrangements apt what

    1 Note that In the instance of every such service, the mass of reward in all its parts taken together must afford such a mass of benefit to the individual in question as shall be sufficient to outweigh in his mind the burthen sustained by the rendering of it. In so far as public affection and respect enter into the composition of the means of purchase, this relation between quantity of service and quantity of reward will require to be considered. Benefit of reward must outweigh burthen of service.

    2. The greater the value of the service, that is to say of the benefit, the greater is the burthen which those /he/ on whom it depends in the instance in question will be disposed to take upon himself on the occasion and for the purpose of his rendering it. The greater a service, the greater the reward worth giving for it.

    3. If on any occasion there be two services so circumstanced that for the individual or individuals in question either may /can/ be performed but both /not both/ of them not, any two masses of reward that shall appear capable of being earned by the performance of the two services respectively should be so apportioned, that the receipt of more valuable reward shall be attached to the act of rendering the more valuable service Of two rival services, give /offer/ greatest reward for the most valuable.

    4. Note that the only shape in which reward /remuneration/ belongs to the present subject is the honorary shape.

    That it is not for service in every shape that reward in this shape will be sufficient or even so much as apposite, is sufficiently evident /manifest/. Where, in the course of action whereby meritorious service has been rendered loss has been suffered by money expended profit does not commence, reward does not commence till compensation has been made for the full amount of the loss: and in the account of money must be comprehended that which in the time in question would have been received by the individual in question in return for labour expended

    Moreover if by the reward conferred it be intended to purchase at the hands of other individuals future contingent service, not only actual loss, but probable risk must be taken into the account.
  • 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.