The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-28
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

TN the year 1924 under the auspices OF the Uniyef-
city OF Maryland established In the city OF Bal
| umore Law School under the denomination OF The
| Maryland Law Institute. This establishment conn
nued in successful operation nearly eleven years nav
ing received students from eeren OF the osaies ana
| 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 abandon y the practice OF my ever
and long cherished profession, but also the Law ins'i
tute and for health and ease, sought the more geniai
climates OF Europe. Finding al this time, my health
perfectly restored and with u no abatement whatever
of my zeal and devotion To that great science which
ia this country, of all Others needs TO be msfodeay
and carefully studied-and seeking, moreover, indus
trous and continued occupation, SO essential 10 haPp-
ness in land that knows oilers reso' ed TO Ie-esla-
bIish the Law lnstlulon-and have selected l'hiia'
delphia the place of ts location In so doig have
thought that city in the Union affords such various
and ample Inducements for all the purp'sas OF The
Law Sutherland that in none a more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent applications made to me from dis
lance on the former occasion, in regard To the parc
ulays of my enterprise induce me TO anticipate similar
inquiries nOw--aDd, TO meet all such in advance
now address this Circular, all that | offer in
explanation, and, probably as all that may be requl
| site.
and their cognae and auxiliary TOPICS is spacious
and beautiful building N. lit South Fifth street
suitable for the accommodation of about sixty stu.
dents The rooms all suitably fun shed, supplied
with an extensive law and miscellaneous library
nth precedents Of practice in every conceivable and APP
| proved form. Studen,s admitted at any time
| throughout The ycaI-courses OF study, and the
quisite books supplied, exactly to neet 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 dwelt upon
practice is constantly blended with heery-but the
deep and radical error Of pdrents well of students
Is carefully AVOIDED alludc to the too erroneous
ton that law students to be made mere mechanical
arti,ansmcre attorneys learning practice by ro,e and
jealous OF book-knorledge being too theoretical
his mischievous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney was ever good and lasting ne,
who was not also deeply veTsed 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 theoryi is an unnatural
nrerson of the established o'der of nature-an igno.
rant and s!ovenIy way of urging young men on 10
templs far beyond the powers of the human mind
for If The grounds and reasons of the science be
well known, the practice cannot be we'll known.
But the error, to which | earnestly alude, is
fou ided upod another which is equally false and
row, vz.hat students learn the practice only in
practising lawyers office On the conr.ry gen
erai rule II The very last place in which he
does, or can learn the pracice-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and er uno
disco omnes. The theory law point says to the
student, if A lends his watch and sells it, or re-
fuses TO return it, may bring What is called
ton of Trover and Conversion. Now froper means
binding, and conversion means approprating II to his
own use and here, again, the student learns two
other heoreIeal law poins-viz that the finding Is
verbal fiction, not at all material 10 be
propsdand secondly, that the conversion by the de-
fendant to his consists in the WITHHOLD
ing the properly from the plaintiff, although IT should
| be ever clearly proved that he in way the
property for himself for any purpose whatever, but
to withhold 1t from the plaintiff.
Now all this theory must be learn, and good
deal more before the practice comes-and that practice
the plaintiffs part con lists OF thorough knowledge
of The forms preotdents-and the defendants part
of the like knowledge TO the formula Of the pleas
reoinders &c. There are, therefore, books Of preee-
denis these books unfold every practical proceeding
| whatever, in every action known TO the law-pro
gressively from the importation of the ior to the final
| return upon the ereeiaon. These formula of wrlts
| returns 10 wriis-appearapces-bail-m
| ACKNOWLEDGEMENTS of jufes -tria-eI-
ceptons-verdIct-j udgment-exccuton-return Of
| execuiion-or, the other hand, trial--Or APP
peal SC, &c.-are all set forth in The fpreced MS so
that he who knows most of pTeeedeHtS, knows most
of practice but still, these ptecedens cannot them
selves be understood without previous theoretical
Knowledge. The question: then YES itself into this
Cannot a law student be well grounded in all the
uIecedents laiO Sensu who never saw or aclsinp
lawyers office And why not On the contrary
| cannot be learn far more OF practice by the JUDI
cous and careful study Of all the formula (which he
never does ia practising lawyers ofice) than by
Writing rather copying, tho,e simple and occasion
al dec aratons pleas &c which The master Of Office
assigns TO the sudentl IL it not uniformly 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 student-or, Il II does only me
chanically copy III Again: Who can distinguish be
tween real suit in court, and fictitious one in which
one student prepares the wnt-another the return
another he declaration some other the pea &c
until all tue practical proceedings are gone through
And hat prevents these students making record of
the whole and then comparing all with rhed re-
cord fl ON court of justice in like action All
this surely may be done Law InstItution-and far
t,er-more quietlS -and with more time than in bus
ness Offices where many precious hours often lost il
useless messsges-long ~aks-jianscrlb ng letters
eoptnng mot derising) declarations, pleas replica
tons &c so generally the sole workmanship the
master Of the office and very seldom that Of the
student confess that all this is to my mind extreme
ly plain and has long sa is6ed Of the popular and
serious error which has placed young Offices,
where little either oftheory practice learnt This
surely Is not always the case-but It is too often such
amany despondng students have found and as others
have been compelled TO confess, that they never
learned much Of theory Off practice until after they
came 10 the bar but, at which time, II found very
uphill aud aIduous work. and sometimes accom-
p,shed even through whole life of toll Doubtless
there are many noble exceptions TO he correctness Of
these remarks but sur aver IL rs TACT, that my
experience 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-hazsrd-and 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 extensive practice Of seven and twenty
wears IN all Of the courts, and devotion TO the int
rests Of ao students, during much Of that period may
not be too much to say that practice be lost
light ofin this Institution and that nothing but nlecan
cal narrocnes Of legal education, unworthy f en-
lqhtened lawyer, could ever patronise even the init
nation, that such Inst utun was only adopted for
the medication Of the science and not Of the of our