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University of Maryland Francis King Carey School of Law

Legal History Publications

War of 1812

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Full-Text Articles in Law

United States V. Hodges: Treason, Jury Trials, And The War Of 1812, Jennifer Elisa Smith Jan 2016

United States V. Hodges: Treason, Jury Trials, And The War Of 1812, Jennifer Elisa Smith

Legal History Publications

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 …


Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne Jan 2014

Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne

Legal History Publications

The case of The Arrogante Barcelones involved a complicated story of facts, due in part to the cunningness of one of the main players, Joseph Almeida. Almeida’s maneuvers make sense when viewed through the lens of nineteenth century Baltimore, the War of 1812, and U.S. citizens’ involvement in South American privateering. At first glance, this case seems to hinge on issues regarding the validity of Almeida’s commission, the authority of the condemnation, and the sufficiency of the documentation produced to prove it. However, the United States Supreme Court ultimately avoids untangling those maritime issues and instead bases its opinion in …


Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen Jan 2014

Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen

Legal History Publications

In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.


Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller Jan 2013

Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller

Legal History Publications

The outbreak of the War of 1812 introduced an opportunity for merchants and sailors alike, as the concept of privateering became a key facet in the United States’ war at sea. This case, Thirty Hogsheads of Sugar v. Boyle, is an illustration of such privateering activity, as Thomas Boyle, commander of the privateer ship, the Comet, engaged in prize taking activity with a British ship, after receiving a commission from the government on June 29, 1812. This paper puts this particular case into the greater privateering context surrounding the War of 1812, exploring why the case may have …


Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson Jan 2012

Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson

Legal History Publications

The Napoleonic Wars in the early 1800’s resulted in many Baltimore merchants obtaining insurance for their vessels and cargo. During this period of unrest, Lemuel Taylor and John F. Kennedy insured a Baltimore vessel which was subsequently captured by the British. This paper contextualizes the case of Kennedy v. The Baltimore Insurance Company within this period and illustrates the struggles faced by many merchants who sought to be reimbursed for their losses. I also tried to focus on the historical backgrounds of the key players to the case, especially Lemuel Taylor and John F. Kennedy. All together, the case of …