Daniel Johnston (177?- Jan 1816)
Before 1800, there were not any permanent clergymen or judges to perform marriage ceremonies. Most couples declared their intention to become husband and wife, and lived together until a traveling preacher came through.
Albert J. Pickett, published the "History of Alabama" in 1851. He gives this account of this marriage in 1800 in what is now Alabama.
The house of Samuel Mims, a wealthy indian countryman was the most spacious in the county, and hither the young and the gay flocked to parties, and danced to the music furnished by the Creoles of Mobile and others, for the country abounded in fiddlers, of high and low degree. Daniel Johnston and Miss Elizabeth Linder had, for some time, loved each other. She was rich and he was poor, and, of course the parents of the former objected to a "pairing". On Christmas night, a large party was assembled at "Old Sam Mims", and the very forest resounded with music and merry peals of laughter. In the midst of the enjoyment, the lovers, in the company with several young people of both sexes, secretly left the house, entered some canoes, paddled down lake Tensaw, into the Alabama {River}, and arrived at Fort Stoddard, an hour before daylight. Captain Shaumberg, who had risen early to make his egg-nog, was implored to join the lovers in the bonds of matrimony. The proposition astounded the good-natured old German, who protested his ignorance of all such matters, and assured them that he was only a military commandant, having no authority whatever to make people man and wife. They entreated, telling him with truth, that the Federal Government had placed him there as a general protector and regulator of affairs, and that being the case before him demanded his sanction and adjustment. After the egg-nog had circulated pretty freely, the commandant placed the lovers before him, and in a stentorian voice, pronounced the following marital speech: "I, Captain Shaumberg, of the 2d regiment of the United States army, and commandant of Fort Stoddard, do hereby pronounce you man and wife. Go Home! behave yourselves - multiply replenish the Tensaw country!" The happy pair entered their canoes, rowed back to the Boat Yard, and were pronounced, by the whole settlement, "the best married people they had known in a long time."
This "Happy Pair" were the parents of John L. Johnston. There has been some question if this runaway marriage ever took place because in 1803 in Washington Co. AL the marriage of Daniel & Elizabeth is recorded in the official court records. I believe it did. John Linder Senior, in his will written 1802, refers to "his granddaughter Elizabeth Johnston, wife of Daniel Johnston". This was before the Washington County record. It is possible they remarried to make sure their marriage was legal under the United States laws.
Daniel and his wife Elizabeth, daughter of John Linder, Jr. and granddaughter of John Linder Sr, commandant of the Tensaw Settlement, made their home close to his parents. He was granted land next to his father, and Elizabeth, was given several slaves by her grandfather to farm with. Over the next 16 years, Daniel & Elizabeth had 5 children, three boys and 2 girls. Besides farming, Daniel was a member of the local militia that protected the settlements from Indians. In January of 1816, Daniel died. It is possible that the Daniel Johnston referred to in Ball's "History of Clark County Alabama" was our Daniel. Ball, in relating the unrest between the Indians and the white settlers, recounts the murder of a Daniel Johnston and two others early in 1816. Records state that he left an estate of land, negroes, livestock consisting of cattle, hogs and sheep, many hundred barrels of corn, blacksmith tools, large wagons, carts and many implements, utensils of floating and devices, other goods and clothes and personal effects.
Elizabeth Linder Johnston, 30 years old, the mother of five children, all under the age of 13, was now a widow. As was very common in those days, on the 15th of September 1816, she married her dead husband's brother, James Johnston. James and Elizabeth had one son, George Washington, who married his cousin, Glovenia, daughter of Joseph Johnston.
About 1834, Daniel L. Johnston, son of Daniel and Elizabeth, filed a suit against his uncle/step-father for mis-management of his and his siblings inheritance. In the suit he maintains that he and his siblings never received anything from their father's estate. James states that all proceeds from the estate were used to care for the children until they were adults and that, David, the youngest was disabled for a long time before his death and required extraordinary care and attention. James also maintained that his brother, Daniel, had considerable debts at the time of his death and he was required to settle these debts. He states that he provided much of the support of his nieces and nephews out of his own pocket. The suit lasted for many years and finally settled in favor of James in 1838.
Excerpts from Lawsuit of Daniel L Johnston
Copies of these pages from a suit filed against James Johnston of Mobile Co. AL. It is so faded that it is only partially legible. It is the only proof I have of the parentage of John L. Johnston. They were sent to me by Audrey Henson of Chatum, Washington Co, AL. It was copied by Barbara Waddel of Chatum for another client.
Case recorded in Montgomery Alabama Archives.
Page 1....... Daniel L Johnston Complainant
James Johnston Defendant
Daniel Johnston of the county of Mobile.....Daniel Johnston heretofore of the .............life and the time of his death......... settled a large personal estate consisting of ... security ... negroes, livestock consisting of cattle hogs and sheep many hundred barrels of corn, blacksmith tools, large b.... wagons, carts and many implements and utensils of floating and devices other goods clothes and personal effects much more than sufficient to pay all his just debts and funeral expenses also being..... the said Daniel Johnston came on or about ....... day of....... depart this life intestate leaving a widow and John Johnston, David Johnston Joyce Johnston and Isabella Johnston and your orator {Daniel L.}............
Page 17....complainant {Daniel L Johnston} and John L Johnston, David Johnston, Joice Johnston and Isabella Johnston died intestate about the year 1816 and that this defendant became administrator of his estate in due form of law which estate consisted of .......... An exhibit of which was in due form of the law ...... and ..... to the orphans court of Baldwin County in the state aforesaid and that the defendant went forward to collect ..... share the personal property belonging to the said estate & did so far as he was capable correctly administer the said estate ......... saying that the said David Johnston died at about the age of 18 years without receiving any portion of his fathers estate save and except the amount which was expended by the defendant in & about the maintenance ....... education of the heirs of said Daniel Johnston and he was disabled for a long space of time before his death & required extraordinary ..... care and attention all of which was bestowed upon him by this defendant his uncle who had intermarried with his said David's mother. from the time of the death of said Daniel Johnston this defendant, Brother ... he was indebted to sundry persons in an amount between nine and ten thousand dollars which debts were satisfied & liquidated by this defendant. That after deducting the expenses for supporting and maintaining the said David dec'd as aforesaid that there was no property belonging to him after Estate of his father ..... dec'd. And this defendant further answering.... that the said estate of the said Daniel dec'd his brother being much involved it was with
Page18 much difficulty that he could keep the estate together for the purpose of maintain the children of the deceased and was compelled to ........ but at one time he was compelled to make application to the County Court for a sale of part of the negroes of the estate for the purpose of providing ...... and the defendant further answering says that about the time of the death of the said David Johnston, the said complainant was but about thirteen years of age & that from that time to the age of {1}7 his ...... this defendant supported maintained clothed; school & otherwise provided for him the complainant & that the expense of such supporting maintenance was great ...... twenty four hundred dollars.
The defendant further answering says that it is not truest it states in the said complainant ......... of the complaint that in or about the month of October 1824 that the said complainant.....................
Page 62 Complainant {Daniel L Johnston} was born in July 1803 . Witness knew Daniel Johnston the father of the complainant and in his life time he died in January 1816 .. Witness says that the defendant was married in 1817 to the widow of Daniel Johnston, deceased and mother of the complainant....
This record of the suit housed in the archives of Alabama at Montgomery, AL is 95 pages long and very difficult to read. It is very faded and the handwriting hard to distinguish. It is invaluable because it gives the date of Daniel death, confirms the marriage of Elizabeth to James, and names the children of Daniel.
Children of Daniel Johnston & Elizabeth Linder
i. Daniel L (b. 1803)
ii. David (b. 1805- d. 1822)
iii. John L. mar. Eliza McGee
iv. Isabella mar. James Burr Johnston (1st cousin - son of Col. John Johnston)
v. Joyce mar. Anderson F. Cato (cousin)
Johnston Home Pedigree Charts Deeds Wills Court Records Family Photos