United States v. Hodges: Developments of Treason and the Role of the Jury

34 Pages Posted: 23 May 2019 Last revised: 14 Feb 2020

See all articles by Jennifer Elisa Chapman (formerly Smith)

Jennifer Elisa Chapman (formerly Smith)

University of Maryland - Thurgood Marshall Law Library; University of Maryland Francis King Carey School of Law

Date Written: December 17, 2018

Abstract

Legal history is an important element in understanding current legal and political discussions. What, then, can a long forgotten treason trial from the War of 1812 teach us about present day discussions of treason and the development of the jury trial in America? In August 1814 a number of British soldiers were arrested as stragglers or deserters in the town of Upper Marlboro, Maryland. Upon learning of the soldiers’ absences the British military took local physician, Dr. William Beanes, and two other residents into custody and threatened to burn Upper Marlboro if the British soldiers were not returned. John Hodges, a local attorney, arranged the soldiers’ return to the British military. For this, Hodges was charged with high treason for “adhering to [the] enemies, giving them aid and comfort.” The resulting jury trial was presided over by Justice Gabriel Duvall, a Supreme Court Justice and Prince Georges County native, and highlights how the crime of treason was viewed in early American culture and the role of the jury as deciders of the facts and the law in early American jurisprudence. Contextually, Hodges’ trial took place against the backdrop of the War of 1812 and was informed by the 1807 treason trial of Aaron Burr.

Keywords: Treason, Jury, War of 1812

Suggested Citation

Chapman, Jennifer Elisa, United States v. Hodges: Developments of Treason and the Role of the Jury (December 17, 2018). 97 Denver Law Review 117 (2020). Available at SSRN: https://ssrn.com/abstract=3377644

Jennifer Elisa Chapman (Contact Author)

University of Maryland - Thurgood Marshall Law Library ( email )

501 West Fayette Street
Baltimore, MD 21201
United States

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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