The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-29

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fAI ~ RATIoNs AND ACTIONS
f1yl Of IA RayQjNtion. just published,
[$nd this deyMeeN pd{Ahy F. TAYLOR, L..
a so%ss the !" sns
as.sso, wiz NAN }sy msp., diagrams. plans OF
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A Giro ULXKS 10 STUDENTS OF LAW
IN The UNITED STATES.
IN the year 1924 under the auspices ofthe Univer
sy OF Maryland, established in the city of Bal
timore Law School, under The denomination Of the
| Maryland Law institute. This establishment CONT
nded IN successful operation eleven years. hav
ing receive stndeps from eieren Of the States, and
from Two fofe'gn countries. Owing to the pressure
III an extensive practice with the du
lies which the laatitution involved, resolved in the
year 1885, 10 sbxOdon not ly the practice of my
and long cherished profession, but also the Law lDs
ric and fnF health and ease sought the more genial
climates Of Europe. Finding, at this time, my health
perfectly restored and with i abatement whatever
vt my zeal and devotion to that great science, which,
this country, of all Others needs to be methodicay
and carefully studied-and seeking, moreover indus
t.iou and continued occupation essential to happ
in land that knows oilers resov cd to reesta
blsh tue Law lnstitution-and have selected PhiIa
ldepha asjhe place Of its location. In SO doing have
Thought that NO city in the Union affords such various
and ample Inducements for all the purpuses Of the
Law Student--and that in none can more worthy
ECONOMY be preserved, and yet with every requisite
fEomfOri.
Is The frequent app icutions made 10 me from dis
Hence, on the former OCCASION in regard to the parlic
wars OF my enterprise, induce me to anticipate similar
Enquiries nOw--and, To meet all such in advance,
i4sw address this Circular, as all that can offer in
M panation and, probably, as all that may be requ
s1Ihe Institution, dedicated alone 10 law studies
Agd their cognase and auxiliary topics Is spacious
AID beautiful building, NJ. III South Fifth street.
fsritable for the accommodation Of about sixty stu
ints. The rooms are all suitably furnished, supplied
With extensive law and miscelsa~soxs I;hsaxy--
10Th precedes Of practice in every conceivable and APP
proved form. Studens are admitted at any time
throughout he year-courses Of study, hnd the re-
quise books are supplied, exactly to acct the
wants and views Of The student, according he may
design 10 practice his profession either in the country,
or in some Of the maritime cities. The laws of every
State in the Union are in some degree dwet upon
practice is constantly blended with theoYy-but the
deep and radical parenfs we'll of Students
10 carefully avoided aiiude the erroneous no.
ton that law students are to be made mere mechanical
artisans-mere attorneys learning practice by roe and
jealous of book knowledge, being heorciicaI-
his mschievous inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was good and lasting one
who was not also deeply versed in the and
theory Of the law. therefore cannot acquesce in,
and never will yield to, the vulgar error Of putting
practice before and above theoryit is unnatural
nrerSon Of the established order Of naure-an igno
rant and soveny way of urging young men on at
|temps far beyond the powers of the human mind-
tfor if he grounds and reasons of the science be not
well known, the practice cannot be well known.
But the error, to which | earnestly allude, is
founded upon another which is equally false and mar.
row, vizthat students learn the practice only in
practising lacyers office On the conirery gem
erai rule, 1t is the very last place in which he
does or can learn the practiceand this be made
extremely manifest What is practice as distinguish
ed from theory? Take a single example-and er uno
disco onlnes. The theory or law point says to the
student, if lends his watch and sells it, or re-
fuses to return it, A may bring what is called
ton of Trover and Conversion. Now frorer means
finding, and conversion apprcprating it to his
own use; and here, again, the student learns two
other theoretical law pons-viz that the find ing is
now mere verbal fiction, not ali MATERIAL or to be
proped-and secondly that the conversion by the de-
PENDANT to his consists in the mere withhold
ing the properly from the plaintiff although it should
be ever so clearly proved that he in way the
property for himself for any purpose whatever but
10 withhold II from the plaintiff
Now all this theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiffs part consists Of borough know ledge
Of the forms precfdenHand, on the defendants part
ofthe like knowledge as TO the formula of the pleas,
rsJoinders, &C. There are, therefore, books Of prcce-
denis; these books unfold every practical proceeding
whatesersg1n every action known to the law--pro-
gressvey from the Importation Of the r to the NAL
return upon the execution These tormul0 of writs
returns 10 wriis-nppearanccs-ba il-mparlan ces
continuance '-impanncIling of juries -Irial-ex-
ceplions-yeidict- Observation-Disclosures of
exeou'ion--Qr, on the other hand, trisl-or op-
peal, SC, &c.are all set forth in the lpreced MS 80
that he who knows most Of precedents, knows mos,
Of practice but STILL these precedens cannot them.
selves be understood, without previous theoretical
ledge. The question, then resolves Itself his
Cannot law student be we'll grounded in all the
pfecedents, iato sensu who never pr actisi nc
lawyers ofhce2 And why not On the contrary,
cannot he learn far more OF practice by the jud.-
cous and careful study Of all The formula (Which he
never does in practising lawyers of1ce) than by
writing OF rather copying, those simple and occasion
al ecarlt ons pleas &c, which The of office
assigns to tho sudent2 Is it unifor My the
that all really difficult and responsible business Of this
sor. is done by The himself without ever reach.
ing the eye of the sludentOr, If II does only me
chemically copy il Again Who can distinguish be
tween real sui,in court, and fictitious one, in VIII ch
one student prepares The writ--another the return
another he decaraiion- some Other the pea &c
until all the practical proceedings gone through
And hat prevents these students making record OF
the whole, and then comparing all with certified
cord ON some court of justice 10 like action All
this surely may be done Law lnslItution-and far
furthermore quiet, land with more time than in busi,
ness Offices, where many precious hours often lost 10
useless messages-,ong walks-lIanscr. bng letters
copying (not derising) declarations pleas replica
tons, &c. generally the sole workmanship OF the
master Of The Office and very seldom that Of the
student. confess hat all this is TO my mind extreme
ly plain and has long sied of The popular and
serious error which has placed young men IN Offices,
where little either oftheory ofpractce is learnt This
surely IL not always the case but it is too often Such
as many responding students have found and as others
have been compelled 10 confess, that they never
learned much of,heory fpractice until aler they
came 10 the bar but, at which time it war found very
uphill and arduous work, and sometimes not accom-
plished even Though whole life Of toll Doubtless,
there are many noble exceptions 10 The correctness of
these remarks but STILL aver it as fact, that my
FL perieDce has never made me acquainted with any