1821 April 29

Constitution

Penal

Under a Representative Democracy tho' there can be no lese-Majesty, divine or human, nor any thing of that stamp there may be hostility: for there may be disagreement: disagrement by men in any numbers on 2 /two/ opposite sides: and how improbable soever, conceivably not the less, such disagrement may rise to hostility. Here then is war: and this war a civil war. War then, will on each side be carried one against the other. But to what purpose? To the same purpose as in the case between 2 nations foreign to each other: possession for example of a portion of territory, or a sum of money in dispute. It will be carried on in what manner? As in the case of ordinary war, carried on between civilized nations: it will be carried on, by each in such a manner as shall present to its view, the fairest promise for the attainment of such its end, with the least damage - in the first place to itself, in the next place to the enemy. Two armies being in array one on each side, the aim of each will be to put an end to resistence on the part of the other. To this effect no other operations being capable of being performed on either side without danger of life and limb to the other, nor any aggregate of such operations upon any such extent without a certainty of such effects termed casualties Some will accordingly, on the losing side at least, be killed others wounded, others in the situation of prisoners left at the disposal of the commander of the victorious army.