| 769 Smiths; and contrary to general expectation, instead of attempting to avenge themselves, either openly or secretly, had quietly and patiently submitted to the slow operation of the laws to redress their grievances.
"They were human beings, and citizens of the State. They had not been disfranchised by law, and were constitutionally entitled to protection.
"From respect to the prejudices of my fellow citizens I declined to authorize the legion to be called out, to suppress disturbances; but immediately issued a call for volunteers from the State militia.
"The call was answered by four or five hundred men. I requested General Hardin to take the command. He did so with alacrity, thereby exhibiting a patriotic devotion in maintaining the supremacy of the law, even against the advice of many of his personal and political friends.
"We marched with as much alacrity as possible and arrived in Hancock County on the 25th day of October. The malcontents abandoned their design, and I believe all the leaders of it fled to Missouri. The Carthage Greys fled almost in a body; and every one fled who, from his previous conduct, supposed himself obnoxious as a leader.
"During our presence in the county writs were taken out against three persons charged with the murder of the Smiths. They also fled to Missouri. As for myself, although I was determined from the first, for the honor of the State, that this murder should be fully inquired into, and some of the guilty brought to trial, yet I was never anxious to proceed with the full rigor of the law. I always insisted that the prosecutions should be limited to a few individuals, and I was utterly opposed to all such unnecessary harshness as would excite sympathy in their favor.
"For this reason I consented to advise the prosecuting attorney to admit them to bail and to agree to a continuance of the cause, if desired by the defendants. Upon this arrangement being made, to which I was also advised by General Hardin and Colonel Baker, the persons accused surrendered themselves to the sheriff.
"The militia were disbanded next morning and returned
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