The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-08
A CIRCULAR TO STUDENTS OF LAW
In THE UNITED STATES.

TN tho year 1924. under the auspices ofthe UniseI
i sily OF Maryland established IA the city OF Bal
tmore Law School, under the denomination OF the
Maryland Law Institute. This establishment CONT
nued in successful operation nearly eleven years, hav
ing received students from eisrs' OF the STATES, ana
from two foreign countries Owing 10 tue pressure
of an ext ensive practice simultaneously with the du
tes which the Institution involved resolved, IN tue
year 1886 abandon iIy the practice OF my ever
and long cherished profession but also the Law insi
tutc and for health and ease, sought the more genial
climates of Europe Finding at this time, my health
perfectly restored and with Il abatement whatever
of my zeal and devotion TO that great science which
in this county, Of all Others needs To be mtfhodeaty
and carefully studied-and seeking moreover, indus
trious and continued occupation, essential to haPP
in land that knows iers resol' cd TO ie-esta
bish the Law nstliution-and have selected i'hiia'
dephia he place Of its location In SO cong have
thought that city in the U MON affords such various
and ample inducements for all the purposes OF the
Law Sutherland that in none a more worthy
economy be preserved, and ye, with every requisite
comfort.
The frequent applications made to from dis
lance the former occasion, in regard TO the pdre-
uiars of my enterprise induce TO anticipate similar
inquiries now--and to meet all such in advance,
now address this Circular as all that can offer in
explanation and probably, all that may be reqni-
site
The Institution, dedicated alone to law studies,
and their cog nate and auxiliary TOPICS a spacious
and beautiful building, NJ III South Fifth street,
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably fum she'd supplied
with an extensive law and miscellaneous library
ciN precedents o practice in every conceivable and APP
proved form. Studens are admitted at any time
throughout the year-courses Of study, and the re-
qusite books supplied, exactly TO meet the
wants and views of the student, according he may
design TO practice his profession either in the country
in of the maritime cities. The laws Of every
State in the Union are in some degree dwelt upon
practice is constantly blended with heoyy--but the
| a. If, r.
is carefully AVOIDED allude the too erroneous
ton that law students to be made mechanical
arti,dnsmere attorneys learning practice by rote and
jealous of book kaorie4ge, being too theoretical
This miscbevous error must inevitably degrade the
science and profession, and Is gross mistake, since
practising attorney good and lasting ne,
who not also deeply veIsed in the reasons and
theory of the law. therefore cannot acquiesce in,
and never will yield to- the vulgar error Of putting
practice before and above theoryt is un naturai
inrersion Of the established order Of igno
rant and slovenly way of urging young TO at
tempts far beyond the powers of the human IL ind
for, if the grounds and of the science be not
| well known, the practice cannot be we'll known.
But the error, to which | earnestly allude, is
founded upoa another which is equally false and
row. vz-that students learn the practice only in
practising laoyer's office! On the conr.ry gen
era rule, 1t Is the very last place in which be ever
does can learn the praciice-and this be made
| extremely manifest w hat is practice distinguish
| ed from theory? Take single example-and er uno
disco on,nes. The theory law point says 10 the
student, if lends his watch, and b sells il,
fuses 10 return it, A may bring what ID called an
| ton of Irover and Conversion. Now troper means
inding and conversion appropriating TO his
own use and here, again, the student learns two
other theoretical law ponls-viz. that the finding is
verbal fiction, not at all material, 10 be
prorsd-and secondly that the conversion by the de-
PENDANT 10 his consists in the mere withhold
ing the properly from the plaintiff, although should
| be clearly proved that he in way the
property for himself, OF for any purpose whatever but
| to withhold It from the plaintiff.
| Now all this theory must be learnt and good
deal more before the practice comes-and that practice
the plaintiffs part con,iss Of thorough know ledge
of the forms rectdentsand the defendants part
of the like knowledge TO the formula Of the pleas,
rejonders &c There are, therefore books Of prece-
denis these books unfold every practical proceeding
whatever, in every action known to the aw-pro
gressvey from the importation of the tcrIt to the final
return upon the ereeution. These torpiul1 of wrs
returns TO es-bail-impaIlances
| -continuances-impanne of juries -lrial-eI-
| ceplions-verdlct- Observation-Disclosures of
execution-or, on the other hand, new tria--or APP
peal, &c &c.-are all set forth IN the fpreeed, MS
that, he who knows moat OF precedeHts, knows most
of practice but still these pIecedents canno, them
selves be understood, without previous theoretical
know ledge The question, then resolves itself this
| Cannot a law student be well grounded in all the
precedenls, ldio sersu, who never pr actising
| lawyers Office And why not On the contrary,
|
cious and careful study Of all the formula which he
never does in practising lawyers Office than by
writing, rather copying, thoe simple and occasion
al dec arshoDs pleas &c, which he of office
assigns to the STUDENT IL it not uniformly the case
that all really difficult and responsible business Of this
sort is done by the master himself without reach
ing the eye Of the student-or II does, only 10
| chancaly copy i'll Again Who can distinguish be.
tween real suit in court and fictitious one in which
one student prepares the wrIt-another the return
| another the declaration 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 rtiiicd
cord Il ON court Of justice in like action All
this suIely may be done In Law Insuton-and far
ttef-more quietly land wthmore time than in bus.
ness offices here many precious hours often lost h
useless messages-ong waiks--lianscr bling letters
oopring mot dersns) decaI atoms, pleas, replica
tom. &c so generally the sole workmanship 81 the
master of the office and very seldom that Of the
student confess hat all this is my mind extreme
ly plain and has long lsfed me Of he popular and
serious error which has placed young IA Offices
where little either oftbeory Of practice is learnt This
surely l. always the case-but It is too often such
asmany depending students have found and Others
| have been compelled TO confess, that they never
learned much ofheory Of practice until aner they
eap,s 10 the bar but, which time it found very
NO hill and arduous work and sometimes accom-
| pIshed even through whole life Of toll Doubtless
there are many pobe exceptions 10 The correctness Of
these remarks but still, aver az fact that my
! Ell prrence has never made me acquainted with any
young larger, who, 10 candid conversation was not
willing 20 confess that his legal education had been
very hap-hazardand that practice TO any really val
liable and abiding extent, Is the last thing student
can ever hope for IN practising lawyers Office.
After an erlessive practice Of seven and twenty
years in all Of the courts, and devotion TO the int
rest Of loo silenis during much Of that period may
not be too much to say that practice be lost
light ofn this Institution and that nothing bu, meehani
cal narro,enes Of legal education unworthy &c en-
ahtened lawyer, could ever patronise even the init
nation that such an Insti ution only adopted for
L. niinn of The sci.nnk and not Of the al Of nnI