LEAVES FROM OUR TREE:

Capt. John Daniel & Family

Pioneer Settlers

Written by Diane Carrington Bradford
4^th great granddaughter of Major General Allen Daniel
of Madison County, Georgia, and
Webmaster of Leaves From Our Tree

This article was researched and documented in accordance
with the elements of the "Genealogical Proof Standard" [GPS]
developed by the Board for Certification of Genealogists.

The Myths and Legends

The Official History of Elbert County 1790-1935, by John H. McIntosh, originally published in 1940 and reprinted several times, was the first book to mention the various DANIEL families in Elbert and Madison counties. On page 101 he stated:

"There has been much confusion regarding [Gen.] Allen Daniel for the reason that his uncle, John O. Daniel, brother of Allen Daniel, Sr., was the father of a son who also bore the name of Allen. This Allen was the father of a son named Allen. Since all of them resided in Elbert County, and Allen, son of John, was near the same age as Allen, son of Allen, it can readily be understood why confusion has so often arisen.

"John O. Daniel served in the Revolution with distinction and came to Elbert County in 1785 with General George Mathews."

FACTS: Allen, son of John, was born in 1810, while Allen, son of the alleged Capt. Allen, was born in 1772, a 38 year difference in ages, so they could not be deemed contemporaries or "near the same age" by any stretch of the imagination. (Read the article "Capt. Allen Daniel: Patriot? — or Nonexistent?" for further explanation.)

Extant primary data did NOT support the 1785 arrival with General George Mathews (who, incidentally, was from Augusta County, Virginia) as asserted in McIntosh's The Official History of Elbert County 1790-1935. Nor was any primary data found supporting the middle initial of "O" or the middle name of "Osborn(e)" for Capt. John. (Read the article, The Great "Osborn(e)" Controversy, for further explanation.)

Our Family, The Daniels, written by Clifford Daniel Smith and Fern Gholson Daniel, published in 1967, obviously relied on information found in the DAR applications and other books then added some new twists of its own, stating that Capt. Allen Daniel:

"...came to Elbert County, Ga. from Prince Georges County, Virginia, in 1785, with his two brothers, John O. Daniel, Jr., and David Daniel. The two latter settled in Moss District, Elbert County, near Carpenter Mill. Capt. Allen Daniel settled in that part of Elbert County now known as Madison County."

FACTS: Capt. John Daniel did, indeed, settle in the Moss District of Elbert County, an area that remained in Elbert after Madison was created. He served in the North Carolina Militia during the Revolutionary War, and he stated on his military pension application that he was born in Wake County, North Carolina and that he was living in Wake County when he "entered the service of the United States." (Read the article, "John Daniel, Captain of the Guard,", for further information about his military service and pension application.)

Also, NONE of the DANIEL families found in Elbert and Madison counties in the early 1800s moved to Georgia from Virginia. The DANIEL Y-DNA Surname Project test results showed a group of ten (10) male descendants, including two descending from Capt. John Daniel and four from Gen. Allen Daniel, with statistically significant matches. Therefore, we now know that Capt. John and the General were related, but they were cousins of some degree (most probably first cousins), NOT brothers. We also know from documents found in recent years (2005-2010) that they all migrated to Georgia from North Carolina. (Read the article, "William Daniel, Sr., & Family, Pioneer Settler and Land Wheeler-Dealer" for more information on The General's side of the family.)

The Documented Facts

Capt. John Daniel stated in his pension application that "...he was born in Wake County, North Carolina..." in 1762. Wake County was created in 1771 partly from Johnston County, including the area where the DANIEL clan settled near the Neuse River and the Granville County line, which fell into the new county. Therefore, Capt. John actually was born in Johnston County, North Carolina.

He also stated in his pension application "...that he lived after the Revolutionary War in the State of North Carolina about eight years then removed to Elbert County in the State of Georgia where he has lived ever since...." The reality was that Capt. John was not very adept at estimating periods of time. The recently discovered documents clearly showed that he lived in various counties in North Carolina from the time of his last military discharge in Oct 1781 until about 1799-1800, a span of 18-19 years, not the 8 years he stated.

After his 1781 discharge near Salisbury in Rowan County, Capt. John apparently returned to Wake County and remained there through the mid-1780s, but left no records that were found. By 1791 Capt John was living in Granville County where he met Elizabeth Jenkins, daughter of James Jenkins and Martha "Patty" Crask. Capt. John and Elizabeth married 22 Sep 1791, with Elias Jenkins, Elizabeth's brother, as the bondsman, and witness W. Norwood. ["Granville County, North Carolina, Marriage Bonds," North Carolina State Archives [Online], Raleigh, NC: 1791, Location: 2A.340-342; Site: Archives Search Room, Raleigh; MARS Id: 244.63.1.1724.]

James Jenkins had died in Granville County where he left a Will signed 21 May 1789, and proved Feb 1790. The will named wife, Patty Crask Jenkins, sons Elias, Joshua, Joseph. James, Wilson and Samuel; and daughter Elizabeth and stated "...I give unto my beloved daughter Elizabeth Jenkins one Negroe [sic] named Hagar and her increase to her and her heirs forever...." (More about "Hagar" later.) [McCann , Debra, Compiler, "Granville County [North Carolina] Wills," Granville County Genealogy Site [Online], Site Owned and Maintained by Debra McCann - All Rights Reserved, (http://users.ap.net/~chenae/granville.html). "Will of James Jenkins," transcribed and contributed by Mike Jones ([email protected]).]

Capt. John and wife Elizabeth stayed in Granville County to start their family. By 1796 they had one son and two daughters as documented in the following Granville County "Deed of Gift"—

• 9 Nov 1796, "John Daniel deed of gift to his son, James Jenkins Daniel, and his two daughters Nancey Daniel and Patsey Jenkins Daniel, and to any future increase of his wife, Elizabeth Daniel, for love and affection, 5 shillings, four Negro slaves Hagar, Daniel, Creacey & David." [Source: "Granville County [North Carolina] Deed Books," LDS film # 306130, NC Granville Deed Books [microfilmed originals], Deed Book P, p 351.]

John, wife Elizabeth and their first four children did NOT arrive in Georgia until late 1799 or 1800, and that is documented by the fact that on the 1850 and 1860 Elbert County or Gwinnett County, Georgia census reports, their four oldest children (James Jenkins, born 1792, Nancy, born 1794, Martha Jenkins "Patsy", born before Nov 1796, ALL stated that they were born in NORTH CAROLINA; and David, born 1799, stated he was born in SOUTH CAROLINA. Their fifth child, Elizabeth Ann, born 1803, was the first one to state she was born in Georgia.

1803 was also the first known time that Capt. John purchased land and recorded the transaction.

• Elbert County, Georgia, Deed Book J, p 184, 28 Oct 1803 - Jeremiah Walker (x) and wife Hannah (x), have sold to John Daniel of Elbert, $175, 43a on Dry Fork of Vans Creek, adjoining Harris, up creek to mouth of Keys Spring Branch, up Spring Branch to Thomas Colbert, Reuben Allen, Richard Colbert. Witness: Thomas Colbert, Frederick [sic] Crowder. Proved by Colbert 15 Oct 1805. Recorded: 15 Oct 1805. [From: Farmer, Michal Martin, transcriber (abstracted and indexed), Elbert County Georgia: Deed Books A-J, 1791-1806, Dallas, TX: Farmer Genealogy Company, 1997, p 348.]

The following two deed records PROVE conclusively that Capt. John Daniel came to Georgia from North Carolina and that his wife's name was ELIZABETH. Capt. John was NEVER married to anyone named "Margaret Means." In the first deed, notice that the names of the slaves are the same as the slaves listed in the Granville, County, NC "deed of gift" above.

• Elbert County, Georgia, Deed Book J, p 53, 29 Apr 1804 - John Daniel to Ralph Banks both Elbert. Daniel mortgages to Banks the following negroes: a man named Will, a woman named HAGAR, a boy named DANIEL, a girl named CREESEE [sic], boys named DAVID & Hardy, a girl named Rachall, & child named Will. For security of payment of $1132 due 10 May next. acknowledged, recorded 12 Jun 1804. [From: Farmer, Michal Martin, transcriber (abstracted and indexed), Elbert County Georgia: Deed Books A-J, 1791-1806, Dallas, TX: Farmer Genealogy Company, 1997.]


• Elbert County, Georgia, Deed Book K, p 190, 26 Oct 1805, - John Daniel of Elbert to Jane Childs, $120, 34a on Dry Fork of Vans Creek in Elbert, adjoining Richard Colbert, mouth of Spring Branch, up branch to Thomas Colbert, Benjamin Allen. signed: J. Daniel. wit: Jas Alston Sr, B. Allen. On 16 Dec 1806, wife Elizabeth Daniel relinquished her dower rights. Recorded 21 Jul 1807. [From: Farmer, Michal Martin, transcriber (abstracted and indexed), Elbert County Georgia: Deed Books K-R, 1806-1819, Dallas, TX: Farmer Genealogy Company, 1997, p 33.]

By Apr 1805 Capt. John had not paid off the $1,132 mortgage to Ralph Banks, so Banks sued to recover the balance, resulting in Capt. John losing slaves Hagar and Will, as shown in the following deed record:

• Elbert County, Georgia, Deed Book O, p 82, 16 Apr 1805 - Robert Cosby, sheriff to Edmond Shackleford, both Elbert. Writ of firia facies issued from Inferior Court of said county, Ralph Banks, Esq. against John Daniel. Seized 2 negroes named Hagar & Will owned by John Daniel. 5 Mar. last, at courthouse of said county, exposed negroes to public sale & Edmond Shackleford was the highest bidder, for $175. Signed: R. Middleton for E. Cosby, sheriff. Witness: R. Hunt, E. Owens who saw Robt. Middleton sign. Bill of sale proved by Richardson Hunt 19 Oct 1812, J. Banks J.I.C. Recorded: 19 Oct 1812. [From: Farmer, Michal Martin, transcriber (abstracted and indexed), Elbert County Georgia: Deed Books K-R, 1806-1819, Dallas, TX: Farmer Genealogy Company, 1997, p 203.]

By Apr 1812 Capt. John was once again sued in court, resulting in the loss of yet another slave named Rachel, per the following record:

• Elbert County, Georgia, Deed Book O, p 30, 16 Apr 1805 - Sundry writs of firia facies issued from Superior & Inferior Courts of Elbert County: 2 out of Superior Court,...and 4 out of Inferior Court..., 3rd & 4th in favor of Arther [sic] Jones & Zachariah Clark, exors. of Nathan Jones, deceased, against property of John Daniel. Beverly Allen, deputy sheriff, 26 Feb 1812, seized a negro girl named Rachel. Exposed to public sale, 7 Apr 1812, & sold to Howard Cash, the highest bidder, for $301.25. James Wood, sheriff of Elbert County, 21 Apr 1812. Signed: James Wood, shff. wit B. Allen, W. Hatcher JP. Recorded: 28 Apr 1812. [From: Farmer, Michal Martin, transcriber (abstracted and indexed), Elbert County Georgia: Deed Books K-R, 1806-1819, Dallas, TX: Farmer Genealogy Company, 1997, p 189.]

Interestingly, in 1819 Capt. John's three oldest children sued Howard Cash for damages claiming that the slave Rachel and her two children belonged to them and Cash knowingly and with intent to deceive converted the slaves to his own use, per the following entry in the Court Minutes:

• Elbert County, Georgia, Court Minutes 1819, - 0934 (Accession # 20681903). James Jenkins Daniel; Franklin Cunningham, "by right of his wife" Nancy Cunningham; and Patsey Jenkins Daniel claim $3,000 damages from Howard Cash. They owned a woman slave, Rachel, and her two children, "Willis, a yellow Boy about three years old," and " John a negro Boy about one year old," each slave having a $1,000 value. They lost the Negroes, who ended up in the possession of Howard Cash. The petitioners claim that Cash knew that the slaves belonged to them but, with intent to deceive, "converted and disposed of the said three negroes to his own use. [From: Elbert County Georgia, Court Minutes, Elberton, Georgia: Superior Court, Elbert County Courthouse, 1819.]

Unfortunately, this writer was unable to determine how the case was decided.

Capt. John and Elizabeth apparently lived quietly thereafter. In 1820 Capt. John was listed as head of a household with 1 male and 1 female (45 +), 2 males (10-16), 1 female (10-16), 4 females (16-26), 3 slaves and 8 members of the household engaging in Agriculture.

In 1830 Capt. John's household included White Males: 1 (20-30), 1 (60-70); White Females: 1 (15-20), 1 (60-70); Slaves: 0. However, living right next door were his daughter and son-in-law, Sarah (Daniel) and John A. Cunningham. Next door to the Cunninghams were another daughter and son-in-law, Mary "Polly" (Daniel) and Washington Craft. Two doors beyond the Crafts lived daughter Martha "Patsy" (Daniel) Riley and her children.

On 22 Jan 1833 Capt. John filed Application S31638 for a pension based on his Revolutionary War service. The pension was approved and Capt. John received $200 per year until his death in 1841. [From: John Daniel (Capt.), Military Pension Application, S31638, Elbert County, GA, Inferior Court, 22 Jan 1833. Recorded: Book D, Vol. 8, page 130. (Photocopies of the original documents, and annotated transcription by Diane Carrington Bradford).]     (Read the article, "John Daniel, Captain of the Guard,", for further information about his military service and pension application.)

By the 1840 census, Capt. John's household consisted of 1 male and 1 female (70-80); 1 female (20-30); slaves: 0; and Capt. John was listed as a Revolutionary War pensioner, age 80. The young female was youngest child Lucinda Daniel, who did not marry until several years after her parents' 1841 deaths. Historical Collections of Georgia, written by Rev. George White, M.A., and originally published in 1854, mentioned John Daniel of Elbert County for his longevity—he lived to be 80.

Capt. John Daniel died 13 Jun 1841 while living in Gaines District, Elbert County, Georgia. As often happens with long-married couples, 50 years in this case, Elizabeth (Jenkins) Daniel followed her husband in death in Nov 1841, both dates documented by a 5 Oct 1854 Affidavit for a "Claim for an Increase of Pension" filed by James Jenkins Daniel on behalf of the children and heirs of Capt. John Daniel. Family history holds that both were buried in the family cemetery on the Daniel home place property. [From: John Daniel (Capt.), Military Pension Application, S31638, Elbert County, GA, Inferior Court, 22 Jan 1833. Recorded: Book D, Vol. 8, page 130. (Photocopies of the original documents, and annotated transcription by Diane Carrington Bradford), 5 Oct 1854 Affidavit filed by James Jenkins Daniel based on his father's Revolutionary War Service.

The Roger Daniell Y-DNA Group: Hypothetical Family Tree

John Daniel, Captain of the Guard

The Great "Osborn(e)" Controversy

Descendants of Capt. John DANIEL on WorldConnect

Daniel Y-DNA Project Web site

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