[clx. 264]

1822 July 11

Constitut. Code Rationale

Securites

Factitious honor excled

Expository matter

Relation to Pub. Opinion

Tribunal

?. Relation between /of/ Factitious honor and /to/ honor at the hands of the Public Opinion Tribunal and Factitious Honor

?.5. It is an instrument in the hands of the Aristocratical Section of the Public Opinion Tribunal

?.6. It is an instrument of opposition to the force /influence/ of the Democratical Section of the Public Opinion Tribunal

Conferred, that is to say known or supposed or considered as being conferred, by the Public-Opinion Tribunal, adjudicating to the party in question the benefits comprized under /designated by/ the words affection, esteem and respect of the community at large of the greatest number of those by whom /under whose/ cognizance has been taken of the meritorious service rendered by him, the reward conferred is characterized and distinguished from the mass of benefit conferred by means of factitious honor, by these peculiar properties.

1. The application thus made is dictated /determined/ by /has for its cause the effect/ the interest common to the greatest number of the members of the community in question, at any rate /that is to say/ by that which is in their eyes their common interest or say dictated by a regard for thier happiness

2 In the case where the honor is primarily seated The application made of the mass of benefit in question in the case of factitious honor is dictated /determined/ by /has for its cause/ the effect of the interest, real or supposed, of the individual by whom it is conferred.

3. In the case where it is seated by extravasation on the ground of genealogical relationship of consanguinity /consanguinity/ is determined as to the individual by blind chance.

3. By the natural character of the functionary by whom in its primarily seated state it was conferred, and of the class to which the individual who in this case is among the possessors of it appertains /possessor of it in this its extravasated state appertains/, it is in his instance indicative of an interest and a state of the affections and the opinions adverse to the interest and greatest happiness of the greatest number.