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253

ment to precede trial. The accused must unavoidably submit to such restraint as will ensure his answering the accusation, and abiding the issue; but this restraint should never, either in discipline or diet, unnecessarily partake of the nature of punishment, and its continuance ought to be limited, or its character changed by a "speedy trial". To provide for the punishment of offences, is the most unpleasant duty which the freeman [?] legislator is required to perform; but from which he cannot shrink, unless regardless of the obligations he owes to those for whom he legislates. If we have laws, there will be violations; if there be crimes, there must be punishments. The honest and industrious portion of society have a claim for protection against the depredations of the lawless. This was the great object for which government was instituted; for this it is supported; for this taxes are levied; and to this the constitution directs our first attention.