In answer to this petition the President by order replied that the matter of the petition was referred to the War Department, and the department declined interference, as it did not appear that the emergency warranting such interference had occurred. This information was dated May 2nd, 1834, and signed by Lewis Cass. On the same day Governor Dunklin wrote to Messrs. Phelps and others, that the court of inquiry, before which Lieut. Col. Pitcher was to answer, had decided that the demand made by the officer for the surrender of the arms of the saints on Nov. 5th, 1833, was improper, and an order was sent to Col. Lucas to return them. This order directed Col. Lucas to deliver to W. W. Phelps, E. Partridge and others, fifty-two guns and one pistol, received by Col. Pitcher from the "Mormons," Nov. 5th, 1833. The result of this order is seen from the following communication made to Gov. Dunklin, May 7th, 1834: "Since the 24th ult., the mob of Jackson County have burned our dwellings to the number of over one hundred and fifty. Our arms were also taken from the depository, (the jail,) about ten days since and distributed among the mob." * * * * * * * The order for the restoration was forwarded to Col. Lucas, at Independence, May 17th, with a statement that he might return the arms to either of the three ferries on the Missouri, the line between Jackson and Clay counties. Of this delivery of the order the governor was informed by letter dated May 29th. To the letter and order to Col. Lucas, that officer stated that he would reply by May 22nd, but before that time he removed to Lexington and did not reply what he would do. Some time in May the expelled "Mormons" and their friends in Clay County began the manufacture of weapons, in order to be prepared for defense if occasion again required it; and in this many of the influential men of the county encouraged them, in order, as they said, "to help the 'Mormons' to settle their own difficulties." In the fall and before the agreement to leave Jackson County had been made, by the "Mormons" afterward expelled, a number of their brethren in Ohio, including Joseph Smith, Sylvester Smith, Frederick Williams and others, not far from one hundred and fifty men in all, had made arrangements to move into Missouri, with the intent to aid their followers there in defending themselves, or to share with them the fate that might await them. Of their intention thus to enter the State as immigrants, they notified their brethren in Missouri, who by letter dated April 24th, 1834, informed the governor, asking that their arms be restored to them and they be reinstated in their homes with the privilege of maintaining themselves in those homes, when so reinstated, by force; further asking the governor to give them a guard to escort them to Jackson County, when their friends from the East arrived. This letter was signed by A. S. Gilbert and four others.