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Appendix 2: Constitution of the Society of the Daughter of Zion, circa Late June 1838

Source Note

Constitution of the Society of the Daughter of Zion, ca. late June 1838. Featured version copied [ca. 14 Nov. 1838] in Sampson Avard, Testimony, [13]–[14] Nov. 1838, in Minutes and Testimonies, Richmond, Ray Co., MO, 12–29 Nov. 1838, pp. [10]–[12], State of Missouri v. Gates et al. for Treason (Fifth Judicial Circuit of MO 1838); handwriting probably of Orville H. Searcy; three pages; Eugene Morrow Violette Collection, State Historical Society of Missouri, Columbia, Boone Co., Missouri.
Two leaves measuring 12½ × 7½ inches (32 × 19 cm), with thirty-five printed lines (now very faded). Four slits at the top of each leaf’s recto suggest that the leaves were fastened together prior to inscription, as does the copyist’s method of inscribing the recto, turning the page, and then writing on the verso upside down in relation to the recto. The fasteners were subsequently removed and the leaves were folded for filing. The document has undergone conservation.
evidently maintained possession of the original constitution from its creation, circa late June 1838, until he submitted it to state officials following his arrest in early November. The version featured here was copied into the transcript of his testimony at the November 1838 preliminary hearing before Judge . Following the hearing, this testimony and others given at the hearing were deposited in the Daviess County Circuit Court. At an unknown date, the transcript was removed from the circuit court. In 1923, historian Eugene Morrow Violette donated the document to the State Historical Society of Missouri, which has since maintained custody.

Footnotes

  1. [1]

    John B. Clark, Richmond, MO, to Lilburn W. Boggs, 10 Nov. 1838, copy, Mormon War Papers, MSA; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [9]–[10],Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    Mormon War Papers, 1838–1841. MSA.

  2. [2]

    See the register for the Eugene Morrow Violette Collection, http://shsmo.org/manuscripts/columbia/1033.pdf (accessed 20 Dec. 2017).

Historical Introduction

Sometime around late June 1838, the Society of the Daughter of Zion (soon renamed “Danites”) formally organized, and a constitution for the society was drawn up, outlining its basic structure and procedures. The constitution, which was allegedly approved by JS, was made public in mid-November 1838 when disaffected Latter-day Saint testified before Judge of the Fifth Judicial Circuit at a preliminary hearing held in , Missouri. The hearing was held to evaluate charges of treason and other crimes that JS and other Mormon men allegedly committed during their conflict with other Missourians in October 1838. Avard recounted the founding and development of the Danite society, an organization whose members Missouri state officials believed had sworn “the most horrid oaths to Circumvent the laws & put them at defiance, & to plunder and burn & murder & divide the spoils for the use of the Church.” In his testimony, Avard asserted that JS was “the prime mover and organizer of this Danite band” and that JS envisioned the society to be “the means in the hands of God of bringing forth the Millenial Kingdom” that would destroy the “rotten” state of and the generally—claims JS would later dispute. Despite Avard’s admission to having been an officer in the society, his cooperation with state officials and willingness to testify against JS guaranteed him immunity from prosecution. On 14 November, during Avard’s second day on the witness stand, he introduced the constitution of the society, explaining that the document was produced at the time of the society’s founding. Although Avard did not divulge who had written the constitution, he claimed that it had been “read to the first presidency, being absent,” in ’s home. According to Avard, the constitution “was approved of by the first presidency” and had been “unanimously adopted by them, as their rule & guide in future.” Aside from Avard’s testimony, no other evidence explicitly links JS with the approval of the constitution.
’s prominent role in the early months of the Danite society is well established, most notably in JS’s journal. The earliest appearance of the word “Danite” in the historical record is in the journal that was kept for JS by , the First Presidency’s scribe. Robinson wrote that the Danites “exibited on the fourth day of July” 1838 at the church’s Independence Day celebration, over which JS presided. An article about the celebration in the Elders’ Journal, the church newspaper edited by JS, reported that Avard was publicly recognized as a “general,” even though he held no office in the state militia. Robinson mentioned Avard in two additional entries in JS’s journal. On 8 July, Avard was present at a meeting with a small group of prominent church leaders when JS dictated a revelation regarding the Quorum of the Twelve Apostles. JS apparently dictated four other revelations in the same meeting, including one regarding church revenue. Avard and fellow Danite general may have been present because they had been tasked with collecting “consecrations,” or donations, to the church. A month later, Robinson described in the journal an expedition from to to investigate reported mob violence against the Latter-day Saints. The journal entry mentions “Gen. Avard,” along with the First Presidency, being among the expedition’s leaders. These sources demonstrate that JS was aware of Avard, his role as a general in the Danite society, and at least some of their activities at this time.
Verifying ’s specific claims regarding the constitution, however, presents a challenge, as he is the sole source for explicit information about the document. The constitution appears to be a genuine document that accurately reflects a summer 1838 context. During the previous year, internal dissent in and had challenged JS’s leadership as president of the church. In order to reinforce his position, JS and other church members in late 1837 emphasized that he presided over the entire church—not just over the “stake of Zion,” where JS lived, but including the church organization in Zion itself, in Missouri. For example, JS wrote a letter in September 1837 in which he referred to himself as “Prest of the Church of Christ of Latter Day Saints in all the world.” In keeping with this and other documents from this period, the Danite constitution refers to JS as the “president of the whole church.” In addition, the constitution uses the organization’s official name, the Society of the Daughter of Zion, rather than the much more popular nickname, the “Danites,” which was in use by late July. Although reports of the group had reached the broader population of northwestern Missouri as early as September 1838, surviving evidence indicates that non-Mormons knew the group as the Danites rather than by the name the society had adopted when it was formally organized. Had the constitution been a later fabrication, written after the fact to damage the church, it presumably would have used the name commonly recognized outside of the Mormon community.
The Danite constitution declared the society’s purpose and outlined its organizational structure. Although in describing the Danites in his later testimony, emphasized the apocalyptic passages from the biblical book of Daniel as well as Mormon concepts of the Kingdom of God as an alternative sovereignty, the constitution more closely resembles the common formatting used in founding documents of other early American voluntary organizations ranging from sewing circles and reading clubs to craft associations and reform societies. Vigilante groups in the antebellum , which were formed when citizens viewed civil authority as insufficient to stabilize society and maintain law and order, often used the same general model for their charters and manifestos. In line with other vigilante charters, the preamble of the Danite constitution invoked the American Revolution and quoted from the Declaration of Independence. The document also emphasized traditional doctrines of American vigilante ideology such as self-preservation, the right to resist tyranny and oppression, and popular sovereignty. Following the preamble, brief articles patterned loosely after those of the United States Constitution established the society’s governing structure. The eight articles affirmed representative democracy, located executive authority in the First Presidency, framed legislative powers, specified qualifications and terms of office, granted suffrage to members within the society, limited disciplinary power, made provisions for record keeping, and adopted the customary military chain of command based on rank. Therefore Avard, in his testimony, had to present the document in a certain context in order to make it appear seditious and treasonous.
Whereas the constitution is likely authentic, caution is necessary with regard to some of the specifics of ’s testimony in the November 1838 hearing. For example, he testified that after the First Presidency reviewed and adopted the constitution, he “was instructed by the council to destroy it,” because “if it should be discovered, it would be considered treasonable.” The identity of “the council” is not specified; it may have been the First Presidency or the legislative body of the Daughter of Zion society laid out in its constitution. Avard then related that the constitution “was read, article by article to the Danite band and unanimously adopted by them.” The constitution is not mentioned in any extant documents produced prior to Avard’s testimony, suggesting that the members of the society were generally unaware of its existence. Moreover, two witnesses at the November 1838 hearing, and , challenged Avard’s claim that the document was read and accepted by the assembled Danites. Corrill and Cleminson, both of whom had attended early meetings of the society, testified that they only learned of the constitution after Avard’s arrest in early November. Avard may have made the statement about the constitution being read and accepted by the society to avoid a ruling that the constitution was irrelevant evidence. If the constitution were presented and accepted by the society, it could be used as evidence—in connection with the alleged activities of the Danites—to build a case for the state’s charge of treason. These and other problems with Avard’s testimony cast doubt upon its veracity.
In his March 1839 petition for a writ of , JS also challenged specific assertions in ’s testimony regarding the constitution, stating that “Doctor Avard also swore false concerning a constitution as he said was introduced among the danit[e]s.” JS’s statement can be read in various ways, ranging from a wholesale denial of the document’s authenticity to a targeted critique of specific claims. In any case, the constitution does not seem to have circulated widely among the rank and file of the society during the months after its composition.
Nevertheless, there are indications that elements of the constitution were followed by the society. As discussed above, the legislature of the society may have been constituted early in the society’s existence. Also, the constitution made provisions of “a Secretary whose business it shall be to keep all the Legislative records of the Society, and also to keep a register of the names of every member of the Society, also the rank of the officers.” , who wrote a brief history of the Mormon conflict the following year, after his disaffection from the church, stated that he was appointed “adjutant” of the society in late June or early July 1838, with instructions to keep the society’s records, and that “the lists and other papers” were brought to him to be recorded. The constitution also laid out a command structure—the First Presidency holding executive supervisory authority and the “Captain General” as the commanding officer of the society, followed by subordinate generals and colonels—that other sources confirm were in operation in summer 1838. For example, JS’s journal entry about the early August 1838 expedition of Mormon men from to stated that the group was led by “alll the first presidency,” followed by “General ” and “Gen. ” and “holding the office of Colonel. whose duty it is to command one regiment.” Given that the men named held these positions in the Danite society, it appears that the expedition leadership as described in JS’s journal followed the organizational structure as laid out in the Danite constitution. This episode suggests that the First Presidency “adopted” the constitution as Avard claimed.
Like the U.S. Constitution and many other charter documents that were drafted before they were ratified or enacted, the Danite constitution does not bear a date. It was most likely drafted in connection with the formal organization of the society. , in his testimony, stated that the constitution was “drawn up about the time that the Danite band was formed.” The organization emerged from a small group of men that first met in mid-June 1838 to discuss proposals for dealing with Oliver Cowdery and other excommunicated dissidents, discussions that resulted in the expulsion of the men from on 19 June. The group apparently organized more formally as the Society of the Daughter of Zion sometime shortly after this initial meeting. The somewhat haphazard collection of signatures for the letter warning the excommunicants to leave Far West seems to reflect that the group was still in a relatively loose organizational condition. Avard, in his testimony, stated that the constitution was drafted “since the drawing of the paper against the dissenters.” In JS’s journal, wrote that “some excitement” was “raised in the adjoining Counties, that is & , against us, in consequence of the sud[d]en departure of these wicked character[s], of the apostates from this Church, into that vicinity, reporting false stories, and statements.” It may have been that the Society of the Daughter of Zion organized at about this time in order to prepare to defend the Saints from any mob action instigated in the neighboring counties by the expelled dissenters. Later, in 1844, JS explained to the city council in , Illinois, that he had introduced the term Danite at a time “when the brethren prepared to defend themselves from the mob in Far West.” The society was apparently organized by 4 July, when they marched in a parade that was part of the Independence Day celebration held in Far West. This context suggests that the society’s constitution was produced sometime between 19 June, when the dissenters left , and 4 July, when the Danites marched in the Independence Day parade—most likely sometime in late June.
testified that although he had been ordered to destroy the Danite constitution, he had kept it in his house. Following Avard’s arrest in November 1838, the constitution passed into the custody of the Missouri state militia. Although the original constitution is not extant, it was copied three times in November. Major General had the document copied and then forwarded to Missouri governor on 10 November. This copy was subsequently preserved in the Mormon War Papers in the Missouri State Archives. About 14 November, the constitution was copied into the record of Avard’s testimony before . Lastly, , a Latter-day Saint dissident and critic of the Danites, copied the constitution into his notebook, possibly in preparation for his own testimony before King. The version copied into Avard’s testimony is featured here because the copyist was evidently more accurate in copying the original, while the other two versions contain apparent copying errors.

Footnotes

  1. [1]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [2]–[20], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes]. Latter-day Saint Morris Phelps recalled that Avard was on the stand for two days. (Phelps, Reminiscences, 19.)

    Phelps, Morris. Reminiscences, no date. CHL. MS 271.

  2. [2]

    John B. Clark, Richmond, MO, to Lilburn W. Boggs, 10 Nov. 1838, copy, Mormon War Papers, MSA.

    Mormon War Papers, 1838–1841. MSA.

  3. [3]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [2]–[3], [6]–[7], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes]; for more on the influence of the Old Testament book of Daniel on early Latter-day Saint beliefs, see Whittaker, “Book of Daniel in Early Mormon Thought,” 155–201.

    Whittaker, David J. “The Book of Daniel in Early Mormon Thought.” In By Study and Also by Faith: Essays in Honor of Hugh W. Nibley on the Occasion of His Eightieth Birthday, 27 March 1990, edited by John M. Lundquist and Stephen D. Ricks, 1:155–201. Salt Lake City: Deseret Book; Provo, UT: Foundation for Ancient Research and Mormon Studies, 1990.

  4. [4]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [9]–[10], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  5. [5]

    JS, Journal, 27 July 1838. Robinson was a colonel in the Danite society. (Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, p. 45, Henry E. Huntington Library, San Marino, CA; see also JS, Journal, 7–9 Aug. 1838.)

    Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.

  6. [6]

    Celebration of the 4th of July, Aug. 1838.

  7. [7]

    See Historical Introduction to Revelation, 8 July 1838–A [D&C 118], in JSP, D6:176–177.

    JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

  8. [8]

    JS, Journal, 8 July 1838; Historical Introduction to Revelation, 8 July 1838–C [D&C 119], in JSP, D6:184; JS, Journal, 26–27 July 1838.

    JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

  9. [9]

    JS, Journal, 7–9 Aug. 1838.

  10. [10]

    Letter to John Corrill and the Church in Missouri, 4 Sept. 1837. Although an 1831 revelation indicated that JS was “to preside over the whole church,” it was not until 1837 that the Saints began to rhetorically emphasize this language. (Revelation, 11 Nov. 1831–B [D&C 107:91]; Newel K. Whitney et al., Kirtland, OH, to “the Saints scattered abroad,” 18 Sept. 1837, in LDS Messenger and Advocate, Sept. 1837, 3:562; Minutes, 7 Nov. 1837; see also JS, Journal, Mar.–Sept. 1838, p. 15.)

    Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

  11. [11]

    The official name as given in the constitution was likely inspired by Micah 4:13: “Arise and thresh, O daughter of Zion: for I will make thine horn iron, and I will make thy hoofs brass: and thou shalt beat in pieces many people: and I will consecrate their gain unto the Lord, and their substance unto the Lord of the whole earth.” (See Corrill, Brief History, 32.)

  12. [12]

    JS’s journal entry for 27 July 1838 contains the earliest known usage of the name Danite: “we have a company of Danites in these times, to put to rights physically that which is not righ[t], and to clense the Church of verry great evils which hath hitherto existed among us, inasmuch as they cannot be put to rights by teachings & persuaysons.” In 1844 JS claimed that, perhaps inadvertently, he introduced the term Danite to the Saints in a discourse delivered in Far West in 1838, at a time “when the brethren prepared to defend themselves from the mob in Far West.” JS referenced Judges chapter 18—which describes the Israelite tribe of Dan—and stated, “If the enemiy comes the Danites will be after them, meaning the brethren in self defince.” (JS, Journal, 27 July 1838; Nauvoo City Council Rough Minute Book, 3 Jan. 1844, 36.)

  13. [13]

    See John Sapp, Affidavit, Carroll Co., MO, 4 Sept. 1838, in Joseph Dickson, Carrollton, MO, to Lilburn W. Boggs, 6 Sept. 1838, copy, Mormon War Papers, MSA; and “Letter from Judge King,” Missouri Republican (St. Louis), 2 Nov. 1838, [2].

    Mormon War Papers, 1838–1841. MSA.

    Missouri Republican. St. Louis. 1822–1919.

  14. [14]

    Brown, Strain of Violence, 96, 108–109, 123, 131.

    Brown, Richard Maxwell. Strain of Violence: Historical Studies of American Violence and Vigilantism. Oxford: Oxford University Press, 1975.

  15. [15]

    Brown, Strain of Violence, 114–117.

    Brown, Richard Maxwell. Strain of Violence: Historical Studies of American Violence and Vigilantism. Oxford: Oxford University Press, 1975.

  16. [16]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [10], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  17. [17]

    John Corrill, Testimony, Richmond, MO, Nov. 1838, p. [34]; John Cleminson, Testimony, Richmond, MO, Nov. 1838, p. [54], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes]; Corrill, Brief History, 32.

  18. [18]

    Petition to George Tompkins, between 9 and 15 Mar. 1839, in JSP, D6:349.

    JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

  19. [19]

    Peck also stated that he secretly objected to the society and that when documents were brought to him he did not record them. (Reed Peck, Testimony, Richmond, MO, Nov. 1838, pp. [56]–[57], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].)

  20. [20]

    JS, Journal, 7–9 Aug. 1838.

  21. [21]

    R. Peck to “Dear Friends,” 18 Sept. 1839, pp. 45, 47.

    Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.

  22. [22]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [10], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  23. [23]

    For example, while Sampson Avard, who would be appointed the society’s major general, was the first to sign the letter, Jared Carter, who would be appointed the society’s captain general, was among the last. (Letter to Oliver Cowdery and Others, ca. 17 June 1838.)

  24. [24]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [10], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  25. [25]

    Robinson hastened to add that when the citizens of the adjoining counties had “come to hear the other side of the question their feeling were all allayed upon that subject especially.” However, this retrospective comment was made no earlier than 8 July and more likely, based on when Robinson apparently resumed regular journal keeping, in late July. That the dissenters would raise mobs had been a concern earlier. The letter warning Cowdery and the other dissenters to leave the county stated that they had already “breathed out threatning of mobs” against the Saints “and actually made attempts to with their gang to bring mobs upon them.” (JS, Journal, 8 July 1838; Letter to Oliver Cowdery and Others, ca. 17 June 1838.)

  26. [26]

    Nauvoo City Council Rough Minute Book, 3 Jan. 1844, 36.

  27. [27]

    JS, Journal, 27 July 1838.

  28. [28]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [9]–[10], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  29. [29]

    John B. Clark, Richmond, MO, to Lilburn W. Boggs, 10 Nov. 1838, copy; Constitution of the Society of the Daughter of Zion, ca. Late June 1838, copy, Mormon War Papers, MSA.

    Mormon War Papers, 1838–1841. MSA.

  30. [30]

    Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [10]–[12], Transcript of Proceedings, 12–29 Nov. 1838 [State of Missouri v. JS et al. for Treason and Other Crimes].

  31. [31]

    Cleminson, Record, [19]–[23].

    Cleminson, John. Record, ca. 1837–1858. CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Minutes and Testimonies, 12–29 November 1838, Copy [State of Missouri v. Gates et al. for Treason]
*Appendix 2: Constitution of the Society of the Daughter of Zion, circa Late June 1838
Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason] Minutes and Testimonies, 12–29 November 1838, Copy [State of Missouri v. Gates et al. for Treason] Document Containing the Correspondence, Excerpt, 1841 [State of Missouri v. Gates et al. for Treason] Document Showing the Testimony, 1841 [State of Missouri v. Gates et al. for Treason]

Page [10]

Whereas in all bodies Laws are necessary for the permanancy, safety, and well being of society, we the members of the society of the Daughter of Zion do agree to regulate ourselves under such laws as in righteousness shall be deemed necessary for the preservation of our holy religion and of our most sacred rights, and the rights of our wives and children. But to be explicit on the subject, it is especially our object, to support and defend the rights confered on us by our venerable sires, who purchased them with the pledges of their, lives, their fortunes, and sacred honours— And now to prove ourselves worthy of the liberty confered on us by them, in the providence [p. [10]]
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Related Case Documents
Editorial Title
Appendix 2: Constitution of the Society of the Daughter of Zion, circa Late June 1838
ID #
9515
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Orville H. Searcy

Footnotes

  1. [1]

    This language echoes the U.S. Declaration of Independence.

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