[clx. 260]

1822 July 9

Constitut. Code Rationale

Securities

Factitious honor

? Expository matter?

? Proof of merit fallacious

?.4 Why as a testimony of meritorious service it is essentially unapt and fallacious

Answer. Reasons

It is given without /any published/ proof published of the particular nature of the meritorious service if any that is supposed to have been rendered, without any published proof of the fact of his /the mans/ having rendered any such meritorious service

It is given for aught that appears without any proof received by him by whom the honor is conferred of service in that or any shape as having been rendered in that or any shape to any one by him on whom it is conferred.

In a word the act by which it is conferred, is /an act/ essentially an arbitrary act.

It is with relation to reward that is to say, to the good done /that is done/, that which in relation to evil punishment would be /is/ in so far as inflicted without trial - without judicial enquiry as to the ground of it formed by the conduct of him to whom it is applied

The consequence is - that by every such honor so conferred, injustice is done: done not indeed to the individual to whom the reward is applied as in the case of punishment to the individual to whom the punishment is applied, - not to him indeed but to others: namely to those at whose expence it is applied. See further on.