SETTLEMENT OF THE SAINTS IN MISSOURI—THEIR ERRORS—REPROOFS AND WARNINGS.

On the 4th of August, 1831, a conference was held among the Colesville saints, at the house of Joshua Lewis, in Kaw Township; and about this time a number of revelations were given in which the Lord made known his will to his servants and gave his reasons for calling them to Missouri. Those reasons were:

1. That the Lord's servants might give to him a witness of their obedience;

2. That they might have the honor of laying the foundation of Zion;

3. That they might bear record in all their travels hereafter, where the city of Zion shall stand;

4. That the testimony of these things might go forth from "the city of the heritage of God." ^[A]

[Footnote A: Doc. & Cov. Sec. 58:1-13]

The Lord commanded the saints to purchase lands in Jackson County, to the extent of their ability; and for the better accomplishment of this object, Sidney Gilbert was appointed agent for The Church. Having accomplished these things, the elders, except Edward Partridge and a few others whom the Lord appointed to settle permanently in Missouri, were commanded to return to their homes, bearing record by the way of what had been revealed.

The saints and elders who remained in the land of Zion began the work of building up permanent homes. They had arrived too late to raise crops that season, but they cut hay for their cattle, and prepared some ground for cultivation. The fall and winter were occupied in building log cabins; but with all their industry they were not able to provide shelter for all. Through that long, cold winter the saints cheerfully submitted to all kinds of inconveniences, such as several families living in an open, unfinished log room, without windows, and nothing but the frozen ground for a floor. Their food consisted chiefly of beef and a little bread, made of coarse corn meal, manufactured by rubbing the ears of corn on a tin grater. The spirit of peace, union and love, however, was in their midst, and at their prayer meetings, and in their family worship, they were blessed with many seasons of refreshing from the presence of the Lord.

Thus the winter of 1831 passed away.

As soon as the churches scattered abroad learned that the Lord had revealed the place where the city of Zion was to be built, preparations to purchase inheritances absorbed the minds of the faithful; and money was sent to The Church agent from all quarters to buy lands. Edward Partridge had been appointed the bishop in Zion, and it was made his duty to divide unto the saints their inheritances.^[B] As early as February, 1831, the Lord had said that those who loved him would remember the poor, and consecrate of their property to sustain them, for inasmuch as they did it to the poor, they did it unto him; and that which was consecrated to the poor, should be imparted to them with a deed and a covenant that could not be broken. Moreover every man was to be made a steward over his own property.^[C]

[Footnote B: Doc. & Cov. Sec. 57:7.]

[Footnote C: Doc. & Cov. Sec. 42:29-35.]

This law of consecration and stewardship was as follows: Every man was to consecrate his property to the bishop of The Church without reserve, with a covenant that could not be broken; and then from this consecrated property receive an inheritance from the bishop—sharing equally with his brethren, according to his family and circumstances—this inheritance being deeded ^[D] to him by the bishop; which inheritance then became his stewardship, upon which he was to improve according to the measure of wisdom he possessed. Every man is to be independent in the management of his stewardship. By every man consecrating his property to the bishop, and then receiving back as his stewardship only sufficient for his support, there was a surplus left in the hands of the bishop to be placed in the Lord's storehouse. Then if in the management of his stewardship a man obtained more than was needful for his support, it, too, was put into the Lord's storehouse, and that, as well as the surplus first named, was to be used in giving inheritances to the poor; and in assisting the brethren in the improvement of their respective stewardships, as should be appointed by the high council of The Church, and the bishop and his counselors.^[E] And thus the saints were to be made equal in temporal things as well as in things that are spiritual.^[F]

[Footnote D: Doc. & Cov. Sec. 51:4.]

[Footnote E: Doc. & Cov. Sec. 42:33, 53-55.]

[Footnote F: Doc. & Cov. Sec. 78.]

The hearts of the saints in Zion were made glad in the spring of 1832 by a visit from their youthful Prophet and Sidney Rigdon, both of whom had suffered much for the truth's sake, during the winter that had just past, at the hands of a furious mob in Ohio.

At the time the mobbing referred to occurred, the Prophet was living at the house of a Brother John Johnson, Sen., (usually called "Father Johnson" by Joseph and the saints), in the little town of Hiram, Portage County, Ohio, about thirty miles from Kirtland. Before removing to that place, the Prophet's wife had taken two children (twins) to rear, their mother, the wife of a Brother John Murdock, having died when the children were a few days old. Emma Smith received them when they were nine days old, and at the time of the event to be related they were eleven months old.

Nothing of unusual importance had occurred in Hiram since the Prophet's arrival. He had occupied his time in the revision of the Bible that he had been commanded to make, and in holding public meetings in the evenings and on the Sabbath day. Here, too, he received a number of revelations, among them the one called the "Vision," ^[G] which describes the different degrees of glory to which men may attain in the future life.

[Footnote G: Doc. & Cov. Sec. 76.]

A number of men, however, had apostatized from the truth and left The Church; among them one Ezra Booth, formerly a Methodist minister. He had been converted on seeing a person healed of an infirmity of many years' standing, and, as is so frequent in such cases, he required a constant succession of miracles to keep him in The Church. "But when," as the Prophet remarks in stating his case, "he actually learned that faith, humility, patience, and tribulation were before blessing, and that God brought low before he exalted; that instead of the Savior's granting him power to smite men and make them believe (as he said he wanted God to do with him), he found he must become all things to all men, that he might peradventure save some; and that, too, by all diligence, by perils, by sea and land, as was the case in the days of Jesus"—when he found this was the course the servants of God must run, he was disappointed and turned away from the faith and The Church. So, too, did one Simonds Rider, and also Eli Johnson, Edward Johnson, and John Johnson, Jr.

This by way of introducing the matter, the rest is as related by the Prophet himself:

On the 25th of March, 1832, the twins before mentioned, which had been sick of the measles for some time, caused us to be broke of our rest in taking care of them, especially my wife. In the evening I told her she had better retire to rest with one of the children, and I would watch with the sickest child. In the night she told me I had better lie down on the trundle bed, and I did so, and was soon after awakened by her screaming murder! when I found myself going out of the door in the hands of about a dozen men, some of whose hands were in my hair, and some hold of my shirt, drawers and limbs. The foot of the trundle bed was towards the door, leaving only room enough for the door to swing. My wife heard a gentle tapping on the windows which she then took no notice of, (but which was unquestionably designed for ascertaining whether we were all asleep), and soon after the mob burst open the door and surrounded the bed in an instant, and as I said, the first thing I knew I was going out of the door in the hands of an infuriated mob. I made a desperate struggle as I was forced out, to extricate myself, but only cleared one leg, with which I made a pass at one man and he fell on the door steps. I was immediately confined again, and they swore by God they would kill me if I did not be still, which quieted me. As they passed around the house with me, the fellow that I kicked came to me and thrust his hand into my face, all covered with blood, (for I hit him on the nose,) and with an exulting hoarse laugh, muttered, "Gee, gee, God damn ye, I'll fix ye."

They then seized me by the throat, and held on till I lost my breath. After I came to, as they passed along with me, about thirty rods from the house, I saw Elder Rigdon stretched out on the ground whither they had dragged him by the heels. I supposed he was dead.

I began to plead with them, saying, "you will have mercy and spare my life, I hope?" To which they replied, "God damn ye, call on yer God for help, we'll show ye no mercy;" and the people began to show themselves in every direction; one coming from the orchard had a plank, and I expected they would kill me and carry me off on the plank. They then turned to the right and went on about thirty rods further—about sixty rods from the house and thirty from where I saw Elder Rigdon, into the meadow, where they stopped, and one said, "Simonds, Simonds," (meaning, I supposed, Simonds Rider,) "pull up his drawers, pull up his drawers, he will take cold." Another replied, "a'nt ye going to kill 'im, a'nt ye going to kill 'im?" A group of mobbers collected a little way off, and said: "Simonds, Simonds, come here;" and Simonds charged those who had hold of me to keep me from touching the ground (as they had done all the time), lest I should get a spring upon them. They went and held a council, and as I could occasionally overhear a word, I supposed it was to know whether it was best to kill me. They returned after awhile, when I learned they had concluded not to kill me, but pound and scratch me well, tear off my shirt and drawers, and leave me naked. One cried, "Simonds, Simonds, where's the tar bucket?" "I don't know," answered one, "where 'tis, Eli's left it." They ran back and fetched the bucket of tar, when one exclaimed, "God damn it, let's us tar up his mouth;" and they tried to force the tar paddle into my mouth; I twisted my head around so that they could not; and they cried out, "God damn ye, hold up yer head and let us give ye some tar." They then tried to force a vial into my mouth and broke it in my teeth. All my clothes were torn off me except my shirt collar; and one man fell on me and scratched my body like a mad cat, and then muttered out: "God damn ye, that's the way the Holy Ghost falls on folks."

They then left me and I attempted to rise, but fell again; I pulled the tar away from my lips, so that I could breathe more freely, and after awhile I began to recover, "and raised myself up, when I saw two lights. I made my way towards one of them, and found it was Father Johnson's. When I had come to the door I was naked, and the tar made me look as though I was covered with blood, and when my wife saw me she thought I was all mashed to pieces, and fainted. During the affray abroad, the sisters of the neighborhood had collected at my room. I called for a blanket; they threw me one and shut the door: I wrapped it around me and went in.

* * * * * * * *

My friends spent the night in scraping and removing the tar, and washing and cleansing my body; so that by morning I was ready to be clothed again. This being Sabbath morning, the people assembled for meeting at the usual hour of worship, and among those came also the mobbers, viz.: Simonds Rider, a Campbellite preacher and leader of the mob; one McClentic, son of a Campbellite minister; and Pelatiah Allen, Esq., who gave the mob a barrel of whiskey to raise their spirits; and many others. With my flesh all scarified and defaced, I preached to the congregation as usual, and in the afternoon of the same day baptized three individuals.

It was during this visit to Missouri in the spring of 1832, that Joseph was acknowledged by The Church and Priesthood in Zion, "President of the High Priesthood." It was on the occasion of this visit, too, that he sought to so "organize The Church that the brethren might, eventually, be independent of every incumbrance beneath the celestial kingdom, by bonds and covenants of mutual friendship and mutual love." ^[H]

[Footnote H: History of Joseph Smith. Millennial Star Vol. 14, p. 162.]

In a revelation given July, 1831, W. W. Phelps had been appointed a printer unto The Church in the land of Zion. Accordingly a press and type were purchased, and in June, 1832, the first number of a monthly paper was issued, called the Evening and Morning Star. This was the first periodical published by The Church. According to its prospectus it was to be a messenger of truth; a harbinger of peace and good will; to bring good tidings of great joy to all people, but more especially to the house of Israel scattered abroad, telling them that the day of their redemption was near; to proclaim the ensign to which all nations must come, in order to worship God acceptably; to declare that goodness consists in doing good, not merely in teaching it; and to show that all men's religion is vain without charity; and as the paper was to be devoted to the great concerns of eternal things, and the gathering of the saints, it would leave politics, broils, the gainsayings of the world, and many other matters for their proper channels.^[I]

[Footnote I: Millennial Star Vol. 14:146-8.]

So rapidly did the saints gather to Zion during this summer that the Star for November reported eight hundred and thirty souls in the new settlements. The Lord had blessed them both with food and with raiment, and there was plenty in Zion. A feeling of insubordination, however, existed among the brethren of the priesthood. Seven high priests had been appointed to preside over the affairs of The Church in Zion, viz., Oliver Cowdery, W. W. Phelps, John Whitmer, Sidney Gilbert, Edward Partridge, Isaac Morley and John Corrill. These brethren, with the common consent of the several branches comprising The Church in Missouri, were to appoint elders to preside over the respective branches, and attend to all the affairs of The Church in that land. But a number of those high priests and elders who went up to Zion, ignored the authority of the seven who were placed there to preside, and began setting some of the branches in order without being appointed to do so; and it resulted in some confusion. Others who went there sought to obtain inheritances in some other way than according to the laws of consecration and stewardship; and these things, together with jealousies, covetousness, light-mindedness, unbelief, and general neglect to keep the commandments of God, enkindled the displeasure of the Almighty against Zion and her inhabitants.

This state of affairs coming to the knowledge of the Prophet Joseph, through his correspondence with the leading elders in Zion, he wrote a letter to the saints in Missouri, severely reproving them for their neglect to keep the commandments of God; and as the communication is full of prophecy of those calamities which eventually befell the Church, I quote it entire:

KIRTLAND, January 11, 1833.

Brother Wm. W. Phelps:

I send you the Olive Leaf which we have plucked from the tree of Paradise, the Lord's message of peace to us; for though our brethren in Zion indulge in feelings towards us which are not according to the requirements of the new covenant, yet we have the satisfaction of knowing that the Lord approves of us and has accepted us, and established his name in Kirtland for the salvation of the nations; for the Lord will have a place from which his word will go forth, in these last days, in purity, for if Zion will not purify herself, so as to be approved of in all things, in his sight, he will seek another people; for his work will go on until Israel is gathered, and they who will not hear his voice must expect to feel his wrath. Let me say unto you, seek to purify yourselves, and also the inhabitants of Zion, lest the Lord's anger be kindled to fierceness. Repent, repent, is the voice of God to Zion; and strange as it may appear, yet it is true, mankind will persist in self-justification until all their iniquity is exposed, and their character past being redeemed, and that which is treasured up in their hearts be exposed to the gaze of mankind. I say to you (and what I say to you, I say to all), hear the warning voice of God, lest Zion fall, and the Lord swear in his wrath, "The inhabitants of Zion shall not enter into my rest."

The brethren in Kirtland pray for you unceasingly, for, knowing the terrors of the Lord, they greatly fear for you. You will see that the Lord commanded us, in Kirtland, to build a house of God, and establish a school for the prophets; this is the word of the Lord to us, and we must, yea, the Lord helping us, we will obey; as on conditions of our obedience he has promised us great things; yea, even a visit from the heavens to honor us with his own presence. We greatly fear before the Lord lest we should fail of this great honor, which our Master proposes to confer upon us; we are seeking for humility and great faith lest we be ashamed in his presence. Our hearts are greatly grieved at the spirit which is breathed both in your letter and that of Brother G——'s; the very spirit which is wasting the strength of Zion like a pestilence; and if it is not detected and driven from you, it will ripen Zion for the threatened judgments of God. Remember, God sees the secret springs of human action, and knows the hearts of all living.

Brother, suffer us to speak plainly, for God has respect for the feelings of his saints, and he will not suffer them to be tantalized with impunity. Tell Brother G——that low insinuations God hates; but he rejoices in an honest heart, and knows better who is guilty than he does. We send him this warning voice, and let him fear greatly for himself, lest a worse thing overtake him; all we can say by way of conclusion is, if the fountain of our tears is not dried up, we will still weep for Zion. This from your brother who trembles for Zion, and for the wrath of heaven which awaits her if she repent not.

JOSEPH SMITH, JUN.

P. S.—I am not in the habit of crying peace, when there is no peace, and, knowing the threatened judgments of God, I say, Woe unto them that are at ease in Zion; fearfulness will speedily lay hold of the hypocrite. I did not expect that you had lost the commandments, but thought from your letters you had neglected to read them, otherwise you would not have written as you did.

It is in vain to try to hide a bad spirit from the eyes of those who are spiritual, for it will show itself in speaking and in writing, as well as in all our other conduct. It is also needless to make great pretensions when the heart is not right; the Lord will expose it to the view of his faithful saints. We wish you to render the Star as interesting as possible, by setting forth the rise, progress and faith of our Church, as well as the doctrine; for if you do not render it more interesting than at present, it will fall, and The Church suffer a great loss thereby.

J. S.

A council of high priests at Kirtland also appointed Hyrum Smith and Orson Hyde to write a letter of reproof and warning, in which they cried, "Repent! repent! or Zion must suffer, for the scourge and judgment must come upon her." The whole of this communication, however, is likewise so full of prophetic warning to the saints in Zion that I consider it too important to be omitted, and hence give it in extenso:

KIRTLAND MILLS, GEAUGA COUNTY, OHIO,

January 14, 1833.

From a conference of twelve High Priests, to the Bishop, his Council, and the inhabitants of Zion:

Orson Hyde and Hyrum Smith being appointed by the said conference to write this epistle in obedience to the commandment, given the 22nd and 23rd of September last which says: "But verily I say unto all those to whom the kingdom has been given, from you it must be preached unto them that shall repent of their former evil works, for they are to be upbraided for their evil hearts of unbelief; and your brethren in Zion, for their rebellion against you at the time I sent you."

Brother Joseph, and certain others, have written to you on this all-important subject, but you have never been apprized of these things by the united voice of a conference of those high priests that were present at the time this commandment was given.

We, therefore, Orson and Hyrum—the committee appointed by said conference to write this epistle—having received the prayers of said conference, that we might be enabled to write the mind and will of God upon this subject, now take up our pen to address you in the name of the conference, relying upon the arm of the great Head of The Church.

In the commandment alluded to, the children of Zion were all, yea, even every one, under condemnation, and were to remain in that state until they repented and remembered the new covenant, even the Book of Mormon, and the former commandments, which the Lord had given them, not only to say but to do them, and bring forth fruit meet for the Father's Kingdom; otherwise there remaineth a scourge and a judgment to be poured out upon the children of Zion; for "shall the children of the kingdom pollute the holy land? I say unto you, nay!"

The answers received from those letters which have been sent to you upon this subject, have failed to bring to us that satisfactory confession and acknowledgment, which the spirit of our Master requires. We, therefore, feeling a deep interest for Zion, and knowing the judgments of God that will come upon her except she repent, resort to these last and most effectual means in our power to bring her to a sense of her standing before the Most High.

At the time Joseph, Sidney and Newel left Zion, all matters of hardness and misunderstanding were settled and buried (as they supposed), and you gave them the hand of fellowship; but afterwards you brought up all these things again, in a censorious spirit, accusing Brother Joseph in rather an indirect way of seeking after monarchial power and authority. This came to us in Brother Carroll's letter of July 2nd. We are sensible that this is not the thing Brother Joseph is seeking after, but to magnify the high office and calling whereunto he has been called and appointed by the command of God, and the united voice of this Church. It might not be amiss for you to call to mind the circumstances of the Nephites, and the children of Israel rising up against their prophets, and accusing them of seeking after kingly power, etc., and see what befell them, and take warning before it is too late.

Brother Gilbert's letter of December 10th has been received and read attentively, and the low, dark, and blind insinuations which were in it were not received by us as from the fountain of light, though his claims and pretensions to holiness were great. We are not unwilling to be chastened or rebuked for our faults, but we want to receive it in language that we can understand, as Nathan said to David, "Thou art the man." We are aware that Brother G——is doing much and has a multitude of business on hand, but let him purge out all the old leaven, and do his business in the spirit of the Lord, and then the Lord will bless him, otherwise the frown of the Lord will remain upon him. There is manifestly an uneasiness in Brother Gilbert, and a fearfulness that God will not provide for his saints in these last days, and these fears lead him on to covetousness. This ought not to be, but let him do just as the Lord has commanded him, and then the Lord will open his coffers, and his wants will be liberally supplied. But if this uneasy, covetous disposition be cherished by him, the Lord will bring him to poverty, shame and disgrace.

Brother Phelps' letter of December 15th, is also received, and carefully read, and it betrays a lightness of spirit that ill becomes a man placed in the important and responsible station that he is placed in. If you have fat beef and potatoes, eat them in singleness of heart and boast not yourselves in these things. Think not, brethren, that we make a man an offender for a word; this is not the case; but we want to see a spirit in Zion, by which the Lord will build it up; that is the plain, solemn, and pure spirit in Christ. Brother Phelps requested in his last letter that Brother Joseph should come to Zion; but we say that Brother Joseph will not settle in Zion until she repent and purify herself and abide by the new covenant, and remember the commandments that have been given her, to do them as well as to say them.

You may think it strange that we manifest no cheerfulness of heart upon the reception of your letter; you may think that our minds are prejudiced so much that we can see no good that comes from you, but rest assured, brethren, that this is not the case.

We have the best of feelings, and feelings of the greatest anxiety for the welfare of Zion; we feel more like weeping over Zion than rejoicing over her, for we know that the judgments of God hang over her, and will fall upon her except she repent, and purify herself before the Lord, and put away from her every foul spirit. We now say to Zion, this once, in the name of the Lord, Repent! repent! awake, awake, put on thy beautiful garments, before you are made to feel the chastening rod of him whose anger is kindled against you. Let not Satan tempt you to think we want to make you bow to us, to domineer over you, for God knows this is not the case; our eyes are watered with tears, and our hearts are poured out to God in prayer for you, that he will spare you, and turn away his anger from you.

There are many things in the last letters of Brothers G——and P——that are good, and we esteem them much. The idea of having "certain ones appointed to regulate Zion, and traveling elders have nothing to do with this part of the matter," is something we highly approbate, and you will doubtless know before this reaches you, why William E. McLellin opposed you in this move. We fear there was something in Brother Gilbert when he returned to this place from New York last fall, in relation to his brother William, that was not right. For Brother Gilbert was asked two or three times about his brother William, but gave evasive answers, and at the same time he knew that William was in Cleveland; but the Lord has taken him. We merely mention this that all may take warning to work in the light, for God will bring every secret thing to light.

We now close our epistle by saying unto you, the Lord has commanded us to purify ourselves, to wash our hands and our feet, that he may testify to his Father and our Father, to his God and our God, that we are clean from the blood of this generation; and before we could wash our hands and our feet we were constrained to write this letter. Therefore, with the feelings of inexpressible anxiety for your welfare, we say again, Repent, repent, or Zion must suffer, for the scourge and judgment must come upon her.

Let the bishop read this to the elders that they may warn the members of the scourge that is coming, except they repent. Tell them to read the Book of Mormon and obey it; read the commandments that are printed and obey them: yea, humble yourselves under the mighty hand of God that peradventure he may turn away his anger from you. Tell them that they have not come up to Zion to sit down in idleness, neglecting the things of God, but they are to be diligent and faithful in obeying the new covenant.

There is one clause in Brother Joseph's letter which you may not understand; that is this, "If the people of Zion did not repent, the Lord would seek another place and another people." Zion is the place where the temple will be built, and the people gathered, but all people upon that holy land being under condemnation, the Lord will cut them off, if they repent not, and bring another race upon it that will serve him. The Lord will seek another place to bring forth and prepare his word to go forth to the nations, and as we said before, so we say again, Brother Joseph will not settle in Zion, except she repent and serve God, and obey the new covenant. With this explanation the conference sanctions Brother Joseph's letter.

Brethren, the conference meets again this evening to hear this letter read, and if it meets their minds, we are all agreed to kneel down before the Lord, and cry unto him with all our hearts, that this epistle, and Brother Joseph's, and the revelations also, may have their desired effect, and accomplish the thing whereunto they are sent, and that they may stimulate you to cleanse Zion, that she mourn not. Therefore, when you get this, know ye that a conference of twelve high priests have cried unto the Lord for you, and are still crying, saying, Spare thy people, O Lord, and give not thy heritage to reproach. We now feel that our garments are clean from you and all men, when we have washed our feet and hands according to the commandment.

We have written plain at this time, but we believe not harsh. Plainness is what the Lord requires, and we should not feel ourselves clear, unless we had done so: and if the things we have told you be not attended to, you will not long have occasion to say, or to think rather, that we may be wrong in what we have stated. Your unworthy brethren are determined to pray unto the Lord for Zion, as long as we can shed the sympathetic tear, or feel any spirit to supplicate a throne of grace in her behalf.

The school of the prophets will commence, if the Lord will, in two or three days. It is a general time of health with us. The cause of God seems to be rapidly advancing in the eastern country; the gifts are beginning to break forth so as to astonish the world, and even believers marvel at the power and goodness of God. Thanks be rendered to his holy name for what he is doing. We are your unworthy brethren in the Lord, and may the Lord help us all to do his will, that we may at last be saved in his kingdom.

ORSON HYDE. HYRUM SMITH.

N. B.—We stated that Brother Gilbert knew that William was in Cleveland last fall when he was in Kirtland. We wrote this upon the strength of hearsay: but William being left at St. Louis, strengthened our supposition that such was the fact. We stated further, representing this matter, or this item, than the testimony will warrant us. With this exception the conference sanctions this letter.

These words of reproof and warning had the effect of awakening in the hearts of the saints the spirit of repentance. A solemn assembly was called at which a sincere and humble repentance was manifested. A general epistle to The Church authorities in Kirtland, bearing date of 26th of February, 1833, was adopted at a conference of the saints in Zion, expressing their repentance, and desires to keep the commandments of God in the future. This was satisfactory to the brethren in Kirtland; and the Lord said in a revelation given the 8th of March, that the brethren in Zion "began" to repent; and that the angels rejoiced over them. Still there were many things with which the Lord was not well pleased, and he said that he would contend with Zion, and plead with her strong ones, and chasten her until she overcame.^[J]

[Footnote J: Doc. & Cov. Sec. 90:32-36.]