Josiah Drinkwater (1770 - 1858)

Born 18 Nov 1770 in North Yarmouth, Massachusetts Bay Colony

Ancestors

Husband of Julia Peggy (Pendleton) Drinkwater — married about 1790 (to 1799) in Province of Massachusetts Bay

Husband of Eunice (Wyman) Drinkwater — married 12 Oct 1799 in Cumberland, Maine

Husband of Rachel (Parker) Drinkwater — married about 1820 in Maine, United States

Descendants

Died 3 Jul 1858 at age 87 in Northport, Waldo, Maine, United States

Problems/Questions Profile manager: Jo Gill [send private message]

Descendant of John Alden.

Descendant of William Brewster.

Descendant of George Soule.

Descendant of Edward Winslow.

Biography

Josiah Drinkwater was a privateer in the War of 1812. Join: War of 1812 Project Discuss: war_of_1812

Josiah Drinkwater Jr, was the 3rd of 12 children of Micajah Drinkwater and Elizabeth Bradford, was born in 1770 in the Colony of Massachusetts Bay.

Josiah married three times and had 11 children. He died July 3, 1858, and in his will left his property to his wife, Rachel, and money to each of his 11 children.

1. Julia Pendleton (abt.1773-)
   1. Josiah Drinkwater Jr (1792-1869)
   2. Nathaniel Drinkwater (1794-1867); m. Ruby Sylvester
2. Eunice Wyman (1771-1834)
   1. Elizabeth (Drinkwater) Sylvester (1800-abt.1874); b. Feb. 21, 180o; m. Nathaniel Sylvester.
   2. George Drinkwater (1801-1883); b. Aug. 27, 1801; in. Eliza De-crow; d. Feb. 14, 1S83.
   3. Almira (Drinkwater) McCobb (1803-1884); b. July 8, 1803; m. Andrew McCobb.
   4. Lois Drinkwater (1805-abt.1850); b. March 24, 1803; m. George McCobb.
   5. Wyman Drinkwater (1805-1882); b. Dec. 25, 1S06; m. (1) Elizabeth Bragg, b. 1S12; d. Dec. 2, 1S3S; (2) #Ruth Knight, b. Aug. 10, 1817; d. Dec. 29, 1891. He died March 27, 1882.
   6. Robert Drinkwater (1808-1871); b. Nov. 22, 1808; m. Lydia B. Mathews; d. Oct. 30, 8S71.
   7. Elbridge G Drinkwater (1811-1868)G; b. Feb. 11, 1811; m. Jane Perry.
   8. Eunice (Drinkwater) Pendleton (1812-1882); b. Nov. 2, 1812; m. Jonathan Pendleton; d. Feb. 9, 1882.
   9. Mary (Drinkwater) Wadsworth (1816-1898); b. May 20, 1816; m. William Wadsworth; d. Jan. 19, 1898.\
3. Rachel (Parker) Drinkwater (1795-abt.1880)

Josiah was a customs officer who boarded ships on their arrival to enforce the customs regulations. Josiah and his uncle, West Drinkwater were Privateers for the government in the War of 1812. They crewed for Captain Noah Miller and captured the British sloop Mary, on the morning of November 14, 1814, in Penobscot bay. The ship was seized by customs officers and sold at auction, for which Captain Noah Miller received $14,10658; and the boat's crew-petitioners in this case - received but $1,000 each. In 1856, West Drinkwater and others petitioned the government to claim their share of the auction proceeds.

34th Congress House of Representatives

34th Congress, 1st Session, Report No. 10, West Drinkwater, and Others, March 31, 1856.

The Committee of Claims, to whom was refereed the petition of West Drinkwater and Kingsbury Duncan, ... for themselves and the legal representatives of Jonathan Clark, Samuel Duncan, and John Duncan, have considered the same, and report:

That it appears, from the evidence submitted to the committee in this case, that Noah Miller, as captain, and West Drinkwater, Kingsbury Duncan, Jonathan Clark, Sameul Duncan, and John Duncan jr., as boat's crew, all of Northport, Maine, captured the British sloop Mary, on the morning of November 14, 1814, in Penobscott bay, and carried her into Camden; said sloop was from Halifax, bound to Castine; and was laden with a valuable cargo of clothing and other supplies for the British troops then occupying that place, and was within five or six miles of her destination when taken. Her captors were offered 10,000 pounds for her ransom, which they refused.

Upon he arrival of said sloop at Camden, she was seized by the United States revenue officers, and, together with her cargo, decreed forfeited and confiscated to the United States, and was sold at auction, by order of the United States court, for the sum of $69,790.64. It will be seen ... expenses were $3,364.31, leaving the net proceeds of both sales $66,426.34, onehalf of which ($33,213.17) was paid by Josiah Hook, Collector of Penobscot district, into the treasury of the United States in 1815. The other Moiety was divided ... as follows: Josiah Hook, $14,106.58; Noah Miller, $14,10658; and the boats's crew-petitioners in this case- received but $1,000 each, although they were promised by Miller equal shares with himself, in any and all prizes which they might take, as is abundantly proved by the affidavits of the petitioners and other persons.

The petitioners ask that the moiety ($33,213.17) which was paid into the United States treasury more than forty years ago, be now refunded to them. As the government had no agency, through its officers or otherwise, in making the capture, and as it has enjoyed the used of the money for a term of time sufficient to produce more than $80,000 of interest, the committee think the government can well afford to refund the principle to those brave and patriotic men who risked their lives to obtain it, especially as it has refunded larger sums in many other similar cases, some of which the committee will not mention. ... list of money paid to others.

Though the petitioners were not commissioned as privateersmen, yet they joined Miller and the belief that he, by virtue of his commission as major in the militia of Maine, was authorized to capture the enemy's land or sea forces, or any who might be rendering the enemy "aid and comfort" by furnishing supplies.

And if they were guilty of an illegal or improper act, the government has sanctioned and endorsed the capture by receiving the proceeds thereof into its treasury.

By an examination of the affidavits of four of the boat's crew hereto annexed ... it will be seen that Miller agreed with them, before sailing upon the cruise, that all should share alike, or receive equal shares of the proceeds of any capture they might make. This is also proved by the affidavit of Electa Alexander ... and Levi Bullock. But after the capture of the Mary, Miller desired to ransom said vessel to her owners for ₤10,000, which they offered, but which the crew indignantly refused. Thereupon, Miller, after sailing about three miles with the crew from the place of capture, went on shore, taking with him the "king's agent" and "supercargo," who were permitted to proceed at once to Castine, from whence a British frigate was at once despatched in pursuit of the captured vessel; but the crew, whom Miller had left twelve miles from Camden, all being good pilots, (Three of them being sea captains,) soon brought the captured vessel into port. Her cargo was soon removed and a part of the crew took her found to St. George's river, where she was secure from recapture. After all was secure, and the prize sold for nearly seventy thousand dollars, Miller and Hook having pocketed one half of the net proceeds, coolly offered the crew two dollars per day as their compensation, which they refused. They were then offered a larger sum; and, finally, being poor and unable to prosecute their claim before a judicial tribunal, and being entirely in the hands of Hook and Miller (who had received a commission as a revenue officer from the former, ante-dated to cover the time of the capture) they were obliged to take one thousand dollars or nothing as their part of the prize. Miller, or his heirs-at-law (he being deceased) having receive $14,106.58, is entitled to no further share, having forty years ago, received about double the amount which any other individual of the crew will receive, should the prayer of the petitioners be granted.

Treasury Department, Register's Office, January 16, 1845

Sir : The enclosed transcript of the account of forfeiture in the case of the United States versus the sloop Mary, prepared in compliance with your request of the 13th instant, furnishes all the information in this office relative to the proceeds of the said forfeiture, and the manner of their distribution.

Hon. Wm. Woodbridge, Senator

I, West Drinkwater, of Northport, county of Waldo, and State of Maine, do testify and say, that in the year 1814, Noah Miller John Duncan, Jonathan Clark, Samuel Duncan, West Drinkwater, and Kingsbury Duncan, captured the British sloop Mary, Captain Thomas Darling commander, and M.C. Waters supercargo. Said sloop was taken near Turtle Head, and within six miles of Castine, where the Blitish fleet lay, and it was agreed upon to carry her into Camden harbor, and Miller and supercargo, and king's agent, went on shore, and when we had got as far as Lincolville, (Ducktrap, so-called) Philip Ulmer came on board. He was a tide-waiter (Note: a customs officer who boarded ships on their arrival to enforce the customs regulations.) This was ten or eleven miles from where she was captured, and five miles from Camden, and the crew were all good pilots; several of us had been masters of vessels. The above-named vessel and cargo sold for the large sum of seventy-two thousand dollars, and out of this government has awarded to each one of the crew one thousand dollars, and Ulmer one thousand; and it has always been reported that Miller received fourteen thousand dollars. Miller and his heirs have always been opposed to the crew having their rights in the prize. Miller was not acquainted with boat or vessel. Miller did not come on board again after he landed until the vessel got to Camden.

I will state the bargain made between Miller and the crew: Before we started on our last cruise, he agreed that the crew should share equally with him in whatever was taken. It is my impression that Mr. Ingraham Duncan is entitled to a share in the prize with the crew, as he was one of the boat's crew, and only stopped on shore on account of indisposition.

Then follows the affidavits of Kingsbury Duncan, Samuel Duncan, John Duncan, Joseph H. Estabrook, M.D. in 1840 as to the health of the Duncan men, Electa Alexander who heard Miller say he would share proceeds, Levi Bullock stated same, Ralph Wade as to the character of the crew, Josiah Drinkwater as the the taking of the sloop and the character of the crew, John Hodgedon stating that Noah Miller received $13,000 for the prize; Amos Pendleton, Jones Shaw, and David Alden.

Affidavit

I, Josiah Drinkwater, of eighty one years of age, do testify and say that I lived in Northport, in the county of Waldo and State of Maine (then Massachusetts,) in eighteen hundred and fourteen, when the British sloop Mary, of Halifax, Captain Darling, was captured by Noah Miller, John Duncan, Samuel Duncan, Kingsbury Duncan, Jonathan Clark, and West Drinkwater; it was about six miles from my house on Penobscot Bay; I was well acquainted with all of the crew of the boat, and with the circumstances of their taking the sloop; and I know that John Duncan, Samuel Duncan, and Jonathan Clark, were masters of vessels, and were first-rate pilots on this coast, and that all on board were good pilots to Camden, where the sloop was carried in.

signed Josiah Drinkwater

The above-named Josiah Drinkwater made oath to the truth of the above deposition, by him subscribed before me, this st day of June, in the eighteen hundred and fifty-two.

Jacob S. Adams, Justice of the Peace^[1]

Last Will & Testament

I Josiah Drinkwater of Northport in the County of Waldo and State of Maine, of sound & disposing mind and memory hereby ake and publish and declare the following to be my Last Will and Testament, hereby revoking all other wills by me at any time heretofore made.

First: I direct that my just debts funeral charges & charges of administration shall first be paid from any property not otherwise appropriated.

Second: I give and bequeath all my household furniture including beds, bedding and all similar articles, together with all my farming tools, to my wife Rachel Drinkwater, to have and to hold the same for her own separate property & to her, her heirs and assigns.

Third: I give bequeath & devise to my said wife Rachel the further sum of Five hundred & fifty dollars to be paid her by my Executor as hereinafter directed.

Fourth: I give and devise to my son Josiah Drinkwater the sum of twenty-five dollars.

Fifth: I give and devise to my son Nathaniel Drinkwater the sum of twenty-five dollars.

Sixth: I give and devise to my daughter Elizabeth now Elizabeth Sylvester the sum of five dollars.

Seventh: I give and devise to my son George Drinkwater the sum of twenty-five dollars.

Eighth: I give and devise to my daughter Almira now Almira McCabb the sum of twenty-five dollars.

Ninth: I give and devise to my daughter Lois now Lois McCabb the sum of twenty-five dollars.

Tenth: I give and bequeath to my son Wyman Drinkwater the sum of twenty-five dollars.

Eleventh: I give and bequeath to my son Robert Drinkwater the sum of twenty-five dollars.

Twelfth: I give and bequeath to my son Elbridge Drinkwater the sum of twenty-five dollars.

Thirteenth: I give and bequeath to my daughter Eunice now Eunice Pendleton the sum of twenty-five dollars.

Fourteenth: I give and bequeath to my daughter Mary now Mary Wadsworth the sum of twenty-five dollars.

Fifteenth: I hereby direct that the foregoing payments be made by the immediate sale of all my properties real and personal of which I may ____ and possessed not otherwise appropriated by this instrument and I direct that sales & payments be made immediately that is in reasonable time after my decease, or as soon as the same may be done: And to this end I herby fully authorize & empower my Executor to dispose of, sell & convey my estate real & personal not otherwise appropriated and to make execute and deliver all necessary assignments, deeds & conveyances, hereby giving my said Executor or Executors full power and authority to sell & convey all my estate as aforesaid.

Sixteenth: After the sale of my property as aforesaid and the payment from the proceeds thereof of all my just debts funeral expenses, charges of administration and the various bequests herein made to my wife and children should any surplus remain in the hands of any Executor I direct the same to be equally divided between my said wife and children, that is to say, my wife and each of the children to received equal shares.

Seventeenth: I hereby appoint Willis B. Palmer of Camden to be the Executor of this my Last Will and Testament. In testimony whereof witness my hand and seal this third day of September in the year Eighteen hundred & fifty-six.

Josiah Drinkwater L.S.

Signed Sealed Published & declared by the above named Josiah Drinkwater to be his Last Will &Testament in this presence of us, who in his presence and in the presence of each other are at his request have hereunto subscribed our names as witnesses:

J. E. Brown

Richard Clay

Hiram Bass

A true record Attest B.P. Field Register^[2]

Sources

1. ↑ Josiah Drinkwater, statement, United States Congressional Serial Set, Volume 868, Page 19,https://books.google.com/books?id=2GFHAQAAIAAJ&pg=RA2-PA19&dq=Josiah+Drinkwater,&hl=en&newbks=1&newbks_redir=0&sa=X&ved=2ahUKEwiQsL3j6d_qAhUSc98KHYZDDqgQ6AEwAHoECAMQAg#v=onepage&q=Josiah%20Drinkwater%2C&f=false
2. ↑ Probate: "Maine, U.S., Wills and Probate Records, 1584-1999"
   Probate Records and Indexes 1826-1892; Author: Maine. Probate Court (Waldo County)
   Ancestry Sharing Link - Ancestry Record 8994 #2694166 (accessed 23 February 2024)
   Robert Drinkwater probate. Source not found on FamilySearch.

• The Drinkwater Family The Ancestors and Descendants of Micajan Drinkwater of Northport, Maine, and Elizabeth Bradford, His Wife. Vol. 1, 1620-825. By John S. Fernald. Belfast, Maine. G.E. Burgess, printer. 1904. [1] 18:48, 23 September 2018 (UTC)
• "Maine Deaths and Burials, 1841-1910," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:F48G-VJV : 11 February 2018), Jane Perry in entry for Elbridge Drinkwater, 31 May 1868; citing reference vol 1 p 127; FHL microfilm 11,351. 18:36, 17 November 2018 (UTC)

Name Elbridge Drinkwater

Gender Male

Death Date 31 May 1868

Death Place Lincolnville, Waldo, Maine

Birth Date 05 Feb 1811

Birthplace Northport

Marital Status Married

Spouse's Name Jane Perry

Father's Name Josiah Drinkwater

Mother's Name Eunice Drinkwater

• Josiah Drinkwater on Find A Grave: Memorial #59442071 20:15, 6 January 2019 (UTC)