The order for an immediate court of inquiry had been prepared by the governor, but he waited to hear from the saints, as to whether or not they desired to be reinstated in their homes. The leading elders of The Church, learning through their attorneys of the steps taken to hold an immediate court of inquiry, at once wrote the governor, asking him not to hold an immediate court of inquiry, as at that time many of those persons whom they would want as witnesses were scattered through several of the surrounding counties, and could not be notified in time to be in attendance. Besides this they urged that many of their principal witnesses would be women and children, and so long as the rage of the mob continued unabated, it would be unsafe to take these witnesses to Independence. "An immediate court of inquiry," wrote A. S. Gilbert, "called while our people are thus situated, would give our enemies a decided advantage in point of testimony." He asked his excellency therefore, in behalf of The Church, to postpone the court of inquiry until the saints were restored to their homes, and had an equal chance with their enemies in producing testimony before the court. Amos Reese, the circuit attorney, and one of the counsel for The Church, concurred in these very reasonable requests; and said further: "I think that at the next regular term of the court, an examination of the criminal matter cannot be gone into without a guard for the court and witnesses." The communication which made these suggestions was followed up on the 6th of December by a petition to the governor, which set forth the outrages committed against the saints by the Jackson County mob, as already related in these pages; and asked him to restore them to their possessions in that county; and protect them when restored by the militia of the State, if legal, or by a detachment of the United States troops. The petition suggested that doubtless the latter arrangement could be effected by the governor conferring with the President of the United States on the subject. They also asked that their men be organized into companies of "Jackson Guards," and furnished with arms by the State, that they might assist in maintaining their rights. "And then," said they, "when arrangements are made to protect us in our persons and property (which cannot be done without an armed force, nor would it be prudent to risk our lives there without guards till we receive strength from our friends to protect ourselves), we wish a court of inquiry instituted, to investigate the whole matter of the mob against the 'Mormons.'"