[clx. 308]

1822 July 6.

Constitut. Code Rationale

Factitious honor

Moreover what on this occasion has been shewn is - that in the nature of the case every token, emblem, evidence visible or otherwise perceptible efficient instrument or cause of this artificial instrument of sinister interest /factitious and mischievous product of bad government/ is a false certificate employed for the purpose of obtaining for the possessor a portion of respect which is not only not due, but which if paid can not but be in a preponderant degree mischievous. To issue any such instrument is in effect to issue a general order to the several members of the community to be accomplices to /with/ the member of the bad government in the /all the several/ acts of depredation and oppression which by this and the other incorporeal instruments of misrule they are of course in the habit of committing in virtue of their respective offices: acts whereby to pamper men by units they starve men and consign them to lingering death by thousands. To make one in the payment of the tribute so demanded is to aid and abet those enemies of the community in the war they never cease to be carrying on against it

If this be so, on each occasion, the fraud which by the voluntary bearing of any one of these titles the possessor is a principal in, finds in every one who voluntarily pays in the shape of respect the tribute thus called for, either an opponent an accomplice or a dupe: an opponent if he refuses payment an opponent, if he pays it, being at the same time conscious of the deceptiousness and mischievousness of the demand, an accomplice: if he pays it, for want of being really apprized of this its true nature, a dupe.

In a word the case of him whosoever concurrs in the paying of undue tribute in this shape bears a close analogy to the case of him who receives and puts off base and counterfeit money