The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-12-28

Col. simcoes Military Journal during the War ofthe
Revolution Now trrt published, complete in one vol
eca'o, with many mli airy maps, Diagrams, plans Of
actions &c. Sc.
dec %
A CIRCULAR 10 s fUDENTS OF LA W
IN THE UNITED STATES.
N the year 1924 under the auspices ofthe Uniser-
SHY OF Maryland | iabished in the city OF Bal
umore Law School, under the denomna alton of The
maryland Law Institute. This establishment con T.
nurd In successful operation nearly eleven years
ing received students from elerea OF the States and
from Two foreign countries. Owing TO the pressure
OF an extensive practice simultaneously with the du-
Ties which the Institution involved resolved in the
year 1886 To abandon iy the practice of my ever
ana long cherished profession, but also the Law lnsl-
'ute and Tor health and ease sought the genial
climates OF Europe Finding at this time, my health
perfectly restored, and with no abatement whatever
oil my zeal and devotion 10 that great science which
IN THIS country, OF all Others needs to be methodca
and carefully studied-and seeking, moreo, en- INDUS
rious and continued occupation essential to hspp
ness ia land that knows oilers resol, ed TO
blsh the Law Inst iulion-and have selected Ehila.
deiphia as he place of its location In so doing have
thought that no city in the Union ords such various
and ample Inducements for all the purpos of the
Law Sutherland that IN none can more worthy
economy be preserved, and yet with every requisite
comfort.
1 he frequent app ications made to me from dis
lance, on the former ooeason in regard To the barie-
uars OF my enterprise, induce 10 anticipate similar
inquiries now-and 10 meet all such 10 advance |
now address this Circular all that can offer 10
explanation, and probably, as all that may be requ
site.
The Institution, dedicated alone to law studies
and Their cognaie and auxiliary opics Is d spacious
aud beautiful building, N III South Fifth street
suiuple Tor the accommodation of about sixty stu
dents The rooms are all suitably urn she'd supplird
nj ax llk a H..
'cM preeedens Of pracce in every conceivable and a-
proved iorn. Sludtns are admitted at any time
throughout the yeat-courses Of study, and The re-
qn'ile books are supplied, exactly to deet the
wants and views Of the student according as he may
design 10 practice his Profession elher in the country
or IN some of the maritime cities The laws of eyery
State IN the Union are in some degree dwet upon
practice Is constantly blended with hec,y-but the
deep and adical of parents as well as of students
Is carefully avoided aude to the t. o erroneous no
uon lhdtla students are 10 be made mechanical
1fsdns-mere attorneys, leaning practice by rote and
jealous of book knocledge, being too theoretical -
his mlschevous ,rror must inevitably degrade the
science ana pIoessloD aud Is a gross mistake since
no practising attorney was ever good and lasting ne
who was not also deeply versed in the reasons nd
theory of the law. | therefore cannot acq uesce in
and never will yield to, the vulgar error If ruting
practice before and above theory-- is an unnatural
inrersion 81 the established der of nature-an igno
rant and sloveny way of urging young men on 10 at.
temp's far beyond the powers Of the human mind
for, If he grounds and reasons of the science be not
well known, the practice Innoi be well known
But the error to which | so earnestly alIude is
iou ded upoh another, which equally false and mar
row, vz.that students can learn the practice only in
practising lacyer's office On he cJnr. ry as gen
era rule It Is The very last place IN which he ever
does or can learn he praciceand this can be made
extremely manifest. w hat practice as distinguish
ed from theory? lake a single example-and er u,o
dssse onneS. The theory or a law point says TO the
student if lends has watch, and b sells it, or re-
fuses to Idun it, may bring what is allied an ac-
ton of Irover and Conversion. Now froper meal ms
inding, and conversion means appr priatiug ii to his
own use; and here, again, the student learns two
other heoreiseal law polnts-vz. that the find ng is
now mere verbal felton, not ali material or To be
prored-and secondly, that the conversion by the de-
f,ndan, TO his consists in The mere WITHHOLD
ing the properly from the plaintiff although IL should
be ever so cIcally proved that he in way uscu the
property for hnscIi OF for any purpose whatever but
10 Withhold It from the plaintiff
Now all this theory must be learn, and GOOD
deal more before the practice comesand that prac tce
on the plaintiff part CON lists Of a borough knowledge
of 'he forms orprectdensand, the defendants part
of the like knowledge the formula of the pleas
rroinder, &c. There are, therefore books Of prece.
dents these books unfold every practical proceeding
whatever IN every action known t. the law--pro-
gcssivciy from the importation of the urit to the final
return upon the erecuaion These formula of wriis
tinuances-impannelling of jnfies -lrial-e1-
cepiions-veIdict-j udgment-exs of
eNtcutlon-oG, on the other hand new trial-or an.
peal, &c, &c.-are all set forth in The reoed MS so
that, he who knows most of precedeHis knows most
Of practice but slIll these pfecedens cannot them.
selves be understood, without previous theoretical
knowledge. The question, then resolves itselfin his
Cannot a law student be well grounded 10 all the
pecedens, laio sensu, who never saw a pr actisinp
lawyers office Aud why not On the contrary
MT h. laaT
cious and careful study of all he formula (which he
never does In practising lawyers ofce) than by
writing, OF rather copying thoe simple and occ sion.
al decarat ons pleas &c which The master office
assigns TO the student Is it unifor My the case
that all really difficult and responsible business of this
sort IS done by the master himself without ever reach.
ing the eye Of the sludent-or # it does only to me
chanicaliy copy 1t J Again Who can diet gush be.
tween real sui in court and fictitious one ia VIII Oh
one student prepares the wrt-snuther the return
another he deciarati m some other the u en- &c
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole and then comparing all with c, flied re-
cord I ON some court of ut ce in a like action All
tins surely may be done IN Law lnsItution-and far
b tei-mofe quiet land with more time than in busi.
offices many precious hours are often lost ia
useless messages-'ong wak.-,ianscr hing letters
copying (not deriSing) declarations pleas replica
tons, &c. so generally The sole workmanship OF the
master OF he office, and very seldom that Of the
suucnl conieSslnat all tbis d tony mind extreme
y plain, and has long isfed me of he popular and
serious error which has placed young men IN offices,
where little either oitheory or practice is learnt Tbs
SURELY l. not always the case but IL too often SUCH
many responding students have found and as others
have been compelled 10 confess, that they never
learned much oftheory or ofpraclice until after thew
came 10 The bar but at which time it was found very
uphill and arduous work and sometimes not accom-
Pushed even TIT, ugh whole life of toll Doubtless
there are many noble exceptions TO he correctness of
these remarks but still aver az a fact that nv
experience has never made me acquainted with any
young lnryer, WHO, IN candid conversation was not
willing 20 comics, that his legal education had been
very hap-bazard-and that practice, TO any really val
liable and abiding extent is the last thing student
can ever hope Tor n a practising lawyer. office.
After a extensive practice Of seven and twenty
...u Ill. 4 IL =.