History of the Church,
Vol.7, Ch.39, p.584
Chapter 39.
Departure of Brigham Young From Nauvoo--Proposition of "A. G. Benson & Co."--Proposed Contract--Public Meeting In the Temple-- Mississippi Bridged By Ice--Limited Number Who Crossed On the Ice With Teams And Families--Petition To the Governor of Iowa-Reflections On Commencement of Exodus From Nauvoo

"Tuesday February 10, 1846.----Dr. Richards had a very comfortable chat with Elder Noah Rogers who had just returned from the Society Islands. Elder Rogers related an account of Wm. Law and others attempting to take the life of the Prophet Joseph.

THE SENIOR PRESIDENT OF THE FIRST COUNCIL OF ME SEVENTY
APPOINTED PRESIDENT OF THE CHURCH AT NAUVOO

Joseph Young was appointed to preside over the church during the stay of the saints in Nauvoo and received his letter of appointment from the Quorum of the Twelve.


Wednesday, 11.----President Joseph Young met in the Temple with a company of saints for prayer, and organized companies for prayer to meet every night.


Thursday, 12.----The Twelve Apostles making preparations to start on their journey westward.
Twelve brethren met in the Temple and prayed in two companies. Elders Ransom Shepherd and Joseph Young were mouth in prayer.


Friday, 13.----Two companies met for prayer in the House of the Lord this evening, and prayed for the preservation of the Twelve, and that they might have wisdom to guide the saints in the paths of peace and safety; for the healing of the sick, etc.


Saturday, 14.----Eleven of the brethren met for prayer in two companies.


Sunday, 15.----I crossed the river with my family accompanied by W. Richards and family and George A. Smith. We traveled on four miles, when we came to the bluff. I would not until I saw all the teams up. I helped them up the hill with my own hands. At dusk started on, and reached Sugar Creek about 8 p. m., having traveled nine miles. The roads were very bad. * * *


Monday, 16.----I was very busy in organizing the camp on Sugar Creek, Ambrosia township, Lee county, Iowa territory, where there was plenty of timber and water. Ten a. m., I walked up the valley with Amasa Lyman and Willard Richards where we united in prayer, and I read to them a communication received two days previously, then returned to camp and continued the organization, acting the part of a father to everybody. The night was clear and cold. Two companies met this evening in the Temple and prayed.


Tuesday, 17.----Nine-fifty a, m., all the brethren of the camp assembled near the bridge, when I arose in a wagon and cried with a loud voice--- `Attention! the whole Camp of Israel'. proceeded to explain the cause of delay of the camp, which was, in short, that Bishop Whitney and Elders H. C. Kimball and Wm. Clayton were not ready, or were waiting to secure and bring with them church property needed in the camp. Some of the brethren have been here nearly two weeks, and if all had come on according to counsel, I should have been here sooner, if I had come without a shirt to my back.

I wish the brethren to stop running to Nauvoo, hunting, fishing, roasting their shins, idling away their time, and fix nose baskets for their horses and save their corn, and fix comfortable places for their wives and children to ride, and never borrow without asking leave, and be sure and return what was borrowed, lest your brother be vexed with you and in his anger curse you, and then you would be cursed according to the power of the priesthood that brother possesses, and evil will come upon you. That all dogs in the camp should be killed, if the owners would not tie them up; and any man who would keep a horse in camp, that had the horse distemper, ought to forfeit all his horses. [This because horse distemper was rife in the camp and contagious.]

We will have no laws we cannot keep, but we will have order in the camp. If any want to live in peace when we have left this, they must toe the mark.

I then called upon all who wanted to go with the camp, to raise their right hands, and all hands were up. I said we must wait here until we get the artillery canvas and public property; that the brethren must build a pen for corn and hay. George W. Harris was appointed commissary. That all spare men were for pioneers, guards, watchmen, and that all men of families must be organized into companies of tens, fifties, and hundreds. Wm. Clayton would be general clerk of the camp.

I requested the brethren to report all matters of history which might arise, to Willard Richards, historian.

At eleven o'clock, I returned to my tent and commenced organizing my division of the camp, consisting of four companies of tens, including the historian, his family, and teams.
Elder Heber C. Kimball arrived in camp at the same hour, and at half past one he and I dined on bean porridge in George D. Grant's tent.

Two-thirty, accompanied by Elders Heber C. Kimball, Orson Hyde, Orson Pratt, John Taylor George A. Smith, and Willard Richards. I went up the valley east of the camp about half a mile and counseled. A letter from Samuel Brannan and a copy of an agreement between Brannan and Benson were read.

Amos Kendall, of Kentucky, who was postmaster- general from May, 1835, till May, 1840, A, G. Benson and others represented to Samuel Brannan that unless the leaders of the church would sign an agreement them, to which the president of the United States was a silent party, the government would not permit the Latter-day Saints to proceed on their journey westward, This agreement requires the Latter-day Saints to transfer to `A. G. Benson and Company' the odd number of all the land and town lots they may acquire in the country where they may settle, and in case they refuse to sign said agreement, the president would issue a proclamation that it was the intention of the Latter- day Saints to take sides with other nations against the United States, and order them to be disarmed and dispersed. Brannan becoming fully satisfied that this was the secret intention of the government, and that the president was a principal party, signed it.

LETTER OF SAMUEL BRANNAN ON "A. G. BENSON AND Co." `

New York, Jan. 12, 1846. Brother Young: I have written you three letters of late from Boston, Washington and New York, and I fear they have been intercepted on the way and I have thought it prudent to direct this to some obscure individual that it may reach [you] in safety; I have received positive information that it is the intention of the government to disarm you after you have taken up your line of march in the spring, on the ground of the law of nations, or the treaty existing between the United States and Mexico, `That an armed posse of men shall not be allowed to invade the territory of a foreign nation.
Amos Kendall was in the city last week, and positively declared that that was the intention of the government, and I thought it my duty to let you know that you might be on your guard. I declare to all that you are not going to California but Oregon, and that my information is official. Kendall has also learned that we have chartered the ship Brooklyn and that Mormons are going out in her, and it is thought that she will be searched for arms, and if found taken from us, and if not, an order will be sent to Commodore Stockton on the Pacific to search our vessel before we land.

Kendall will be in the city next Thursday again, and then an effort will be made to bring about a reconciliation. I will make you acquainted with the result before I leave. My company now numbers about one hundred and seventy-five. ( chartered the whole ship, put her in the market and have already obtained one thousand dollars worth of freight for the Sandwich Islands, and a good prospect for more. I now have it in my power to learn every movement of the government in relation to us, which I shall make you acquainted with from time to time. God is at work in the east and so is the devil, but Moses' rod will be too hard for him. I feel my weakness and inability and desire your blessing and prayers that I may be successful. My cares and labors weigh me down day and night, but I trust in God that I shall soon have a happy deliverance.

All the saints in the east are praying and crying for deliverance; but I must now close by subscribing myself, your brother in the everlasting covenant. [Signed] SAMUEL BRANNAN'

FURTHER REPORT OF SAMUEL BRANNAN `

New York, Jan. 26, 1846' Dear Brother Young: I haste to lay before your honorable body the result of my movements since I wrote you last, which was from this city, stating some of my discoveries in relation to the contemplated movements of the general government, in opposition to our removal.

I had an interview with Amos Kendall in company with Mr. Benson, which resulted in a compromise, the conditions of which you will learn by reading the contract, between them and us, which I shall forward by this mail, I shall also leave a copy of the same with Elder Appleby, who was present when it was signed. Kendall is now our friend and will use his influence in our behalf in connection with twenty-five of the most prominent demagogues of the country. You will be permitted to pass out of the states unmolested. Their counsel is to go well armed, but keep them well secreted from the rabble.

I shall select the most suitable spot on the Bay of San Francisco for the location of a commercial city.

When I sail, which will be next Saturday at 1 o'clock, I shall hoist a flag with Oregon on it. Immediately on the reception of this letter you must write to Messrs. A. G. Benson land Co. and let them know whether you are willing to coincide with the contract I have made for our deliverance. I am aware that it is a covenant with death, but we know that God is able to break it, and will do it, the children of Israel from Egypt had to make covenants for their safety and leave it for God to break them, and the Prophet has said `as it was then so shall it be in the last days.' And I have been led by a remarkable train of circumstances to say, amen---and I feel and hope you will do the same. Mr. Benson thinks the Twelve should leave and get out of the country first and avoid being arrested if it is a possible thing, but if you are arrested you will find a staunch friend in him, and you will find friends, and that a host, to deliver you from their hands---if any of you are arrested, don't be tried west of the Allegheny Mountains. In the east you will find friends that you little think of. It is the prayer of the saints in the east night and day for your safety and it is mine first in the morning and the last in the evening. I must now. bring my letter to a close. Mr. Benson's address is No. 39 South Street ---and the sooner you can give him an answer the better it will be for us. He will spend one month in Washington to sustain you---and he will do it, no mistake. But everything must be kept as silent as death on our part---names of the parties in particular. I now commit this sheet to the post praying that Israel's God may prevent it from falling into the hands of wicked men. You will hear from me again on the day of sailing if it is the Lord's will. Amen. Yours truly, " A friend and brother in God's Kingdom, [Signed] SAMUEL BRANNAN.' `New York, Jan. 27th.

Brother Young: Your letter confirming the contract I have made, which I directed you to address to A. G. Benson, must be written to me, and on the outside addressed to A. G. Benson and all will go well. Yours very respectfully in haste, [Signed] S. BRANNAN.'
History of the Church, Vol.7, Ch.39, p.589
The following is a copy of a contract entered into between A. G, Benson of New York for Amos Kendall and others of one part, and Samuel Brannan of the other, done at the city of New York, previous to the ship Brooklyn sailing for California.

"CONTRACT" BETWEEN "A G. BENSON AND CO.," AND SAMUEL BRANNAN `Whereas, the Latter-day Saints generally known under the name of Mormons, though devotedly attached to the principles on which the government of the United States and of the several states are founded, have he come satisfied that owing to the prejudices against them which designing men have created in the minds of the great mass of the community, who do not appreciate their character, nor understand their designs, they cannot, under the jurisdiction of any of the present states, enjoy the privileges and security which their constitutions and laws promise to all sects and creeds.

And whereas, they have resolved to seek for liberty and security beyond the jurisdiction of the states, and under the fostering care of the United States, within their territories, not doubting that in becoming a nucleus on the shores of the Pacific, around which a new state shall grow up, constituted of a people, who, from their more intimate knowledge of them will be free from those prejudices, which now drive them into exile, thereby affording them peace and security, the only boons they ask at the hands of man, and

Whereas, it is their earnest desire to depart in peace, and reach their future homes, without that molestation on their pilgrimage which the government of the United States might, under a misapprehension as to their designs, feel themselves called upon to offer; and whereas, A. G. Benson states that he has it in his power to correct any misrepresentations which may be made to the president of United States, and prevent any authorized interference with them on their journey, and also to extend to them facilities for emigration, especially by sea, and afford them great commercial facilities and advantages at their new homes; therefore,

It is covenanted and agreed between A. G. Benson aforesaid, on behalf of himself and such as he may hereafter associate with him on the one part, and Samuel Brannan, for and in behalf of the Latter-day Saints, by their principal men, duly authorized on the other part, that the said -------- shall take the necessary steps to guard the said Latter-day Saints against the effects of misapprehension, and prevent interference with them, by the officers or agents of the United States, on their journey westward, and shall, as far as in his power, facilitate trade with them in their new settlement, and promote emigration, to strengthen them there; and on the part of the said -------- for and on behalf of the Latter-day Saints aforesaid, it is covenanted and agreed that, in case the said saints shall be enabled to reach their new homes without molestation from the government of the United States, and they or any of them shall acquire lands from the said United States or from any other source, then one-half of the said lands shall belong and be conveyed to the said Benson, and those whom by written contract, he may have associated with him, his and their heirs and assigns, said lands if not surveyed to be held in common until a survey shall be made when they shall be ipso facto divided by alternate sections, the odd numbers belonging to the said Latter-day Saints, and the even numbers belonging to the said Benson and his associates; but if surveyed they shall be divided by sections, half sections, quarter sections, or otherwise, so as to carry into effect this agreement in its true nature and intent; and if the said saints or any of them, or the said Brannan or any of his associates, assigns or heirs shall within ten years, lay off and establish any city or cities, town or towns on the lands acquired by them or any of them, each alternate lot in said cities and towns, shall belong and be conveyed to the said -------- and his associates and assigns as hereinbefore stipulated by the said Brannan, that the said saints shall exert all their lawful authority and influence to prevent the imposition of any tax on the vacant lands held by said --------, his associates and assigns, so long as they use due diligence to settle the same, or any higher tax upon vacant city and town lots held by him and them, than shall be imposed on vacant lots held by resident citizens.

And it is further stipulated and agreed by the said Brannan in behalf of said Latter-day Saints, that they shall not in any manner on their journey, or after their arrival in the west, violate the laws or Constitution of the United States, it being hereby solemnly declared by him, that their dearest object, and most earnest desire is to enjoy for themselves, their wives, children and neighbors, of whatever religion or political faith, the protection which that Constitution and those laws promise to all men of whatever creed.

Witness our hands and seals at the city of New York on the ----- day of January, 1846. [Signed] SAMUEL BRANNAN, A. G. BENSON.

Witness; W. I. APPLEBY.' This is only a copy of the original which I have filled out. It is no gammon but will be carried through if you say, amen---it was drawn up by Kendall's own hand---but no person must be known but Mr. Benson.'

Samuel Brannan urged upon the council the necessity of signing the document.

The council considered the subject, and concluded that as our trust was in God and that we looked to him for protection, we would not sign any such unjust and oppressive agreement.

This was a plan of political demagogues to rob the Latter-day Saints of millions and compel them to submit to it, by threats of federal bayonets.

This evening was severely cold.