John Cunningham Dakan (also Dacon, Daken, Dakin), 12th West Virginia Infantry, Civil War

JOHN CUNNINGHAM-DAKAN, Company "C"

Researched & Written by Linda Cunningham Fluharty, 2001. Updated 2019.
All rights reserved.

The surname of this soldier is found in his Service Records as DACON, DAKEN & DAKAN.
Research into this soldier began in 2001 when someone at the National Park Service (NPS) wrote to say that JOHN DACON, Company "C" 12th West Virginia Infantry, is buried at POPLAR GROVE NATIONAL CEMETERY, Petersburg, Virginia. The NPS records indicated he had been in the "12th Virginia Infantry Regiment" and he was listed as a Confederate soldier for many years. His gravestone originally bore the inscription "C.S.A."

GRAVE
Originally mistaken for a Confederate soldier - C.S.A.

The 12th Virginia Infantry, in the area that is now West Virginia, was always a UNION regiment. It was easily confused with the 12th Virginia Infantry that was a CONFEDERATE regiment. It was only after the NPS researcher studied the records of the individual soldier that John Dacon/Dakan, 12th West Virginia Infantry, was confirmed as the soldier buried at Poplar Grove.
The National Park Service, understandably, had some difficulty distinguishing between Union and Confederate regiments of the same name, and when they added tombstones in the 1950s, mistakes were made.
According to Betsy Dinger, Park Ranger at Poplar Grove National Cemetery, "In 2017 we re-dedicated the cemetery after a $4.2 million, 2 year rehabilitation project. The highlight of the work was replacing all the flat markers with proper Civil War style upright markers." Betsy was an advocate for correcting the errors on the old stones, and the grave of John Dacon was replaced with a new marker, reflecting that he was a West Virginia soldier, not C.S.A.
John Dacon's new gravestone is flat, as are the stones of about 25 others. Betsy Dinger explained: "They are right near a tree, and we didn't want to cut down a healthy, historic tree. So, we made the decision to put new flat markers on either side of the trees. The upright versions of the stones are in the shed so when the trees eventually come down the markers will be replaced with the upright markers."

GRAVE

At age 33, John Dakan (and other spellings) enlisted at Glen Easton, Marshall County, on August 4, 1862, according to the Company Descriptive Book. The muster card states he joined for duty and enrolled at Wheeling on August 7, 1862 and mustered in August 23, 1862 at Wheeling. He was severely wounded in the left breast at the Battle of Piedmont on June 5, 1864 and he was captured. At the time of muster out of the company, his status was "Prisoner of War." The same is reflected in his Service Record.
According to National Park Service records, John Dakan died in September 1864 while a Prisoner of War. He was originally buried in Lynchburg, Virginia in the Old City Cemetery in what was called "Yankee Square." Based on records from the old City Cemetery, 272 Union soldiers were moved to Poplar Grove for burial. John was among those reinterred at Poplar Grove, Grave #4625.
Prior to the communications with the National Park Service, this soldier was thought to be John Martin Dakan, a relative of Dorothy Dakan Sedosky, who published a family history book that included this soldier's record. But John Martin Dakan survived long after the war, and died in 1909. However, since the fate of John Dakan in the 12th Infantry was unknown at the end of the war, it was an understandable error.
The Widow's Pension file provides important information about John Dakan and his family.

SERVICE

According to the pension application of his widow, on behalf of her two minor children, the soldier was the son of John Cunningham and Tempy/Tempty Daken, who were unmarried, according to the file. He used the Cunningham surname while growing up, but when he married and joined the army, he used what was probably considered his legal name, Daken. - It is interesting to note in the pension records that the widow did not know if the name was "Daker" or "Dakan," and she signed her name as, "Catherine Daker or Dakan."

WIDOW'S PENSION APPLICATION

Transcribed by Linda Cunningham Fluharty.

DECLARATION FOR WIDOW'S PENISON AND INCREASE
(Under the Act of July 14, 1862 and supplementary acts)
State of West Virginia
County of Ohio
     On this 24th day of March AD 1869, personally appeared before me, a Clerk of a Court of Record in and for the County and State aforesaid, CATHERINE DAKER OR DAKAN, a resident of Bellaire in the County of Belmont, and State of Ohio, aged 27 years, who, being duly sworn, makes the following declaration, in order to obtain the Pension provided by the Act of Congress, approved July 14, 1862; that she is the widow of JOHN DAKER or DAKAN who was a PRIVATE in Company "C" commanded by Captain E. G. Bartlett, in the 12th Regiment of West Virginia Infantry Volunteers, in the war of 1861; that her maiden name was CATHERINE COLE, and that she was married to said JOHN DAKER or DAKAN on or about the 19th day December AD 1857 at Ryerson's Station, in the County of Greene, and State of Pennsylvania by Samuel Vanetta, a Justice of the Peace and that there is no record evidence of marriage.
     She further declares that said JOHN DAKER or DAKAN, her husband, died in the service of the United States, as aforesaid, at LYNCHBURG in the State of Virginia, on or about the 5th day of September AD 1864, of and from the effects of a wound received at Piedmont, Va., on the 5th day of June 1864, where he was also taken prisoner, aggravated by the rigorous treatment which he received from the rebels while a prisoner which he was up to the date of his death. She also declares that she has remained a widow ever since the death of said JOHN DAKER or DAKAN and that she has the following-named children of her deceased husband, under sixteen years of age, who are now living, the dates of whose births and present places of residence are, as given below, to wit:
     Eliza Jane Daker or Dakan, Aug 5, 1860, resides in Bellaire, O.
     George Worley Daker or Dakan, Dec 31, 1862, " " ".

     She further declares that she has not abandoned the support of any one of the children above-named, nor permitted any one of the same to be adopted by any person or persons; that they are the only legitimate children of herself and the deceased, and that she has not in any manner been engaged in or aided or abetted the Rebellion in the United States; and she hereby appoints Harry Caldwell of Wheeling, Ohio County, West Virginia, as her lawful Attorney, with power of substitution and authorizes him to present and prosecute this claim, and to receive her pension certificates.
     My Post Office address is: Bellaire, County of Belmont, and State of Ohio.
Catherine Daker or Dakan [Note: as written]
Witnessed by:
John Burroughs
Elizabeth Burroughs

ADJUTANT GENERAL'S OFFICE,
Washington, D.C.
April 21, 1869
Sir:
     I have the honor to acknowledge the receipt from your Office of application for Pension No. 173.688, and to return it herewith, with such information as is furnished by the files of this Office.
     It appears from the Rolls on file in this Office, that JOHN DAKEN was enrolled on the 7" day of August, 1862, at Wheeling, W. Va. in Co. C, 12" Regiment of W. Va. Volunteers, to serve 3 years, or during the war, and mustered into service as a PRIVATE on the 23 day of August 1862, at Wheeling, W. Va., in Co. "C" 12" Regiment W. Va. Volunteers, to serve 3 years or during the war. On the Muster our Roll of Co. "C" of that Regiment, dated June 16" 1865, he is reported "WOUNDED IN ACTION AT PIEDMONT VA. JUNE 5/64. SEVERE. PRISONER OF WAR." Investigation failed to elicit any further information. The name JOHN DAKER is not borne.
     I am, Sir, very respectfully,
     Your obedient servant, Samuel Breck
     Assistant Adjutant General

Pension Number 173688
WAR DEPARTMENT,
Surgeon General's Office,
Record and Pension Division,
Washington, D.C., June 9th, 1869.
[Certificate from Records]
     It appears from records filed in this Office that J. DACUM, Private Co "C", 12th Reg't West Va. Vols was left in Hospital, at Staunton Va, 186-, from Army of West Va. for treatment for WOUND OF LEFT SHOULDER.
     This information was obtained from a lsit of names of men of Army of West Virginia who were left in Hospl at Staunton Va.
     State A. G. reports JOHN DAKAN "C" 12th W.Va. as wounded at Piedmont and captured June 4, 1864.
     No Hospl records Regt Staunton or Lynchburg Va on file.
REMARKS: The death records of this office furnish no information concerning JOHN DAKER, "C" 12 WVa.
By Order of the Surgeon General:
     J. J. Woodward

STATE OF WEST VIRGINIA COUNTY OF OHIO, ss.
     I, CATHERINE CHASE, late CATHERINE DAKEN hereby solemnly swear and state on oath that I am the claimant in Pension Claim No. 173.688; that the following are the names and dates of birth of the children, under sixteen years of age, of the deceased soldier of the name JOHN DAKEN, late Private Co. C, 12th Regt West Va Infty, by myself, to wit:
     ELIZA JANE DAKEN who was born on the 5th day of August 1860; George Worley Daken who was born on the 31st day of December, 1862.
     The No. of my pending claim is 173.688 that I have remarried since the death of said JOHN DAKEN, to wit, on the 1st day of June, 1869 to Simon D. Chase of West Alexander, Pa. by J. F. Mayes, Justice of the Peace; that I have not abandoned the support of any of the children of said soldier and myself, to wit, the above, two, under sixteen years of age, nor permitted any one for whom increase is claimed to be adopted by any person or persons, and that they, the said two, are the only legitimate children of myself adn my deceased husband now living; that the said soldier was never married except to me, and therefore left no minor children or any other children by a former marriage.
     [signed] CATHARINE CHASE late CATHARINE DAKEN
Sworn to and subscribed before me this 19th day of August, 1869, and I certify that I have no interest, direct or indirect in claim No. 173.688 of Catherine Daken for a pension, nor in the prosecution thereof; that "DAKEN" was crossed out with ink, and "CHASE, LATE CATHERINE DAKEN" interlined before signing and execution, and that the alteration at 'BY" was made before signing and execution; that "DAKEN" was first written DAKAN and then altered to DAKEN throughout the foregoing affidavit of certificate before signing and execution.
Michael J. Breining
Clerk of Court
Ohio Co WVa

West Va. Marshall County.
     Recorders office Dec. 18th 1869.
     On motion of CATHARINE CHASE.
     Mrs. ANGELINE DAVIS is this day appointed Guardian of ELIZA JANE DAKEN & GEORGE WORLEY DAKEN, infant heirs of JOHN DAKEN Deceased & took the oath required by law and Together with JAMES H. FOUNTAIN her Security who Qualified as to his Sufficiency Entered into & acknowledged their Bond in the Penalty of one thousand Dollars, Conditioned & Payable as Law directs. Therefore Certificate is granted the Said ANGELINE DAVIS as such guardian in due form.
     In Testimony Whereof I have
     Hereunto set my hand & official
     Seal at my office in Moundsville
the day & year above written.
     Thos. Finn, Recorder
     Marshall County, West Va.

STATE OF WEST VIRGINIA COUNTY OF OHIO, ss.
     We, ANGELINE DAVIS and CATHERINE CHASE, late DAKEN, do hereby solemnly swear and state on oath that we reside, the former in Moundsville, Marshall County, West Va, the latter in Bellaire, Belmont County, Ohio; that CATHERINE CHASE aforesaid has no interest whatever, direct or indirect, in the application of ANGELINE DAVIS, Guardian for a pension, nor in the prosecution thereof (except as the mother of said Guardian's wards) she has no pecuniary interest in such application; that neither of the affiants ever heard of JOHN DAKEN after his capture June 5, 1864 at Piedmont, Va., except that Capt. E. G. Bartlett, who commanded Co. C, 12th West Va. Infantry, wrote to her, that is to CATHERINE CHASE, that said JOHN DAKEN of his said company and regiment was dead at Lynchburgh, Va. date not stated; that said CATHERINE CHASE, who was named DAKEN, and was the widow of said JOHN DAKEN, has never been able to find out any other particulars about said soldier's death; she has never been able to find anyone who saw JOHN DAKEN aforesaid die or was a prisoner with him; that she went to Capt. Bartlett aforesaid after he came home from the war to Marshall County, West Va. but he would not tell her anything about her late husband's death he answered her shortly and curtly "If she wanted any information to go to those in the service, that he was a free man," that said Bartlett has moved away from Marshall County, West Va and she does not know where he has gone, he went some years ago; that the other affiant has no other information or knowledge about said soldier's death than Catherine Chase; that Mr. Peterson who had her pension case first told said Catherine Chase that he sent said letter to the Pension Office.
(signed) CATHARINE CHASE
(signed) ANGELINE DAVIS
     (Sworn to before Michael J. Breining, Clerk of Court, Ohio Co W Va. 14 Feb 1870)

STATE OF WEST VIRGINIA COUNTY OF MARSHALL, ss.
     I hereby solemnly swear and state on oath that I reside in the county of Greene and State of Pennsylvania; that I have no interest, direct or indirect, in the claim No. 173.688, of CATHERINE CHASE, late CATHERINE DAKEN for a pension, nor in the prosecution thereof; that I am a Justice of the Peace of the County of Greene and State of Pennsylvania, and the legally authorized successor of Samuel Vanatter formerly a Justice of the Peace of said last-named county and state, and that I am the proper custodian of the only public record of marriages celebrated by said Vanatter required by the laws of Pennsylvania to be kept; I am such custodian by virtue of my said office:
     Such public record is a marriage record of marriages celebrated by him kept in his life-time while in offcie by said Vanatter; he died on or about the Sixteenth day of January 1863; the following is a true copy from said marriage record.
"No. 231 DECR 19th 1857 JOHN CUNNINGHAM to CATHRINE COAL"
Francis Drake J P
(John H. Dickey vouched for the credibility of Francis Drake. (19 Feb 1870)

STATE OF PENNSYLVANIA, COUNTY OF WASHINGTON, ss:
     I, Joseph F. Mayes, do hereby solemnly swear and make oath that I reside in the above-named county and state; that I have no interest whatever, direct or indirect, in the claim of ANGELINE DAVIS, Guardian, for a pension, nor in the prosecution thereof; that no other public record of marriage is required by the laws of Pennsylvania to be kept except the docket of the Justice of the Peace who married persons; that I am a Justice of the Peace in and for the above-named county and State; that the following is a copy of an entry in my docket. "No 423. MR SIMON DAVID CHASE OF WEST FINLEY TOWNSHIP WASHINGTON COUNTY, PA TO MRS CATHARINE DAKEN OF BELAIRE BELMONT CO OHIO JUNE 1ST 1869."
     That I married the said parties as aforesaid.
     Joseph F. Mayes J.P. (1 March 1870)

MARRIAGE OF JOHN DAKEN/DACON & CATHARINE COLE
     By authority of the Commonwealth of Pennsylvania this is to certify that on the 19th day of December A.D. 1857 before me Samuel Vanatter one of the Justices of the peace in & for the county of Green JOHN DACON & CATHARINE COLE bothe of Marshall County Va having plighted the solemn vows of duty & affection were by me Legally Joined in Marriage whereupon I the said Justice have declared & by these presents do declare them to be man & wife according to the constitution & laws of the commonwealth of Pennsylvania.
     In witness whereof I the said Justice have subscribed my name & office my seal the the day and year above mentioned.
     (Signed) Samuel Vanatter
     March 17, 1870

TREASURY DEPARTMENT,
Second Auditor's Office,
March 17th 1870
Sir:
     You are respectfully informed that this Office has issued Treasury Certificate No. 306.531, in favor of Mrs. CATHERINE DAKEN, widow of JOHN DAKEN, late a Private in Company C, 12th Regiment W.Va. Volunteers, allowing her pay to include the 5th day of June 1864, on account of the services of her said Husband.
     A.G.O. reports - Enlsd Aug 7th 1862 M/in Aug. 23. 62 Wounded in action at Piedmont Va June 5. 1864 severe. Prisoner of War.
Yours respectfully,
E. B. French
Auditor

STATE OF WEST VIRGINIA COUNTY OF MARSHALL, ss.
     We hereby solemnly swear that we reside in the above-named county and state; that we have no interest, direct or indirect, in the application of ANGELINE DAVIS for a pension as Guardian of the minor children of JOHN DAKEN, deceased, late Private Co. C, 12th West Va. Infantry, nor in the prosecution thereof; that said JOHN DAKEN was the illegitimate child of JOHN CUNNINGHAM and of TEMPTY(?) DAKEN, and that said child of soldier went for a long time by the name of his father (CUNNINGHAM); that we have personal knowledge that he is the identical person who was married under the name of JOHN CUNNINGHAM to CATHARINE COAL, Dec. 19, 1857 in Greene Co. Pa. because we have been acquainted personally since some years before said marriage with said JOHN DAKEN, alias CUNNINGHAM and with the said CATHARINE COAL and with both of them for years after said marriage, during which time they lived together to our personal knowledge as husband and wife.
     (signed) Joseph Loudenslager
     (signed) Wm Karr
[26 March 1870]

     In 1870, newlyweds, "David" and "Kate" Chase, were residing in Belmont County, OH. In 1880, Simon and Catherine were living in Liberty District, Ohio County with their son, Frederick, age 1. At that time, Catherine was 39.]
     In the 1870 census of Marshall County, George Daken, age 9, and Eliza J. Daken, age 11, are found with the family of Adam/Adams R. Davis and wife, Angeline. Adam R. Davis was "Robert Davis" in the 1880 Marshall County census.
     As shown in the pension file, by the time a pension was granted to Catharine Daken, she had remarried and Angeline Davis was the guardian of the two children.
     One of the affidavits in the pension file was given by Joseph Loudenslager of Marshall County. In 1850, Simon was living with the family of John & Mariah Loudenslager. At the time of the 1860, 1870 & 1880 censuses, Simon Daken was living with Joseph Loudenslager and family. These might be clues as to the Daken family from which John's mother came.