The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-28
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN ths year s2i under tho auspices OF the Unlser-
atty of Maryland ! established In the cry OF bal
timore Law School, under the denomination OF the
Maryland Law Institute This establishment CONT
nued in successful operation nearly eleven years, hay
Ing received students from sispea OF the otaes' ana
from Two foreign countries. Owing TO the pressure
OF an extensive practice, simultaneously WIN the uu
ties which the Institution involved, resolved In the
year 1886 TO abandon the practice OF my ever
and long cherished profession, but also the La" inti
tute and for health and ease sought the more genial
climates oi Europe. Finding at th'e nne, my health
perfectly restored and with II alb. vment whatever
OF my zeal and devotion that great science, which
IN this country, OF all others, needs 10 be nfhod,oai
and carefully Sunderland seeking, moreover indus
trious and continued occupation, essential To happ
Ia land that knows oilers resols cd To Ie-esta
blsh the Law lnstiution-and have selected fhtta
diphia the place OF It's location In doug have
thought that city in the Union affords such various
and ample Inducements for all the PURPOSES OF The
Law SiudenI-and that in can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made 10 me from dis
lance, the former occasion, regard to the pa,f.c
lars OF my enterprise, Induce me to anticipate similar
inquiries now--and, To meet all such In advance,
now address this Circular all that can offer IN
explanation, and, probably, as all that may be requ-
| site.
| The Inslitution dedicated alone to law studies,
aud their cognaie and auxiliary topics, spacious
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The rooms all suitably furnished supplied
| with an extensive law and miscellaneous library
with precedeats Of practice IN every conceivable and APP
| proved firm. StudeDls are admitted at any time
throughout the year--courses OF study, and the
quisi,e books supplied, exactly to meet the
wants and views Of the student, according he may
design TO practice his profession, eher in the country,
ia Of the maritime cities. The laws of every
State in the Union in some degree dwelt upon
practice is constantly blended with theory-but the
deep and radical OF parents, well Of students
is carefully avoided aliude to the too erroneous
ton that law students TO be made mechanical
artisansmere attorneys learning practice by rote and
Jealous OF ook-kno,rledge as being too theor -
This mischievous error must inevitably degrade the
science and profession, and is gToss mistake,
no practising attorney was ever good and lasting one,
who was not also deeply yersed in the reasons and
theory of the law. therefore cannot acquiesce in,
and never will yield to, the vulgar Of putting
practice before and above theory--t is unnatural
nrerson Of the established order of na,ure-an igno-
rant and sloven!y way of urging young
temp,s far beyond the powers of the human II ind
for # the grounds and reasons Of the science be
well known, the practice cannot be well known
! But the error, to which | earnestly allude, is
fouDded upoL another which is equally false and mar.
row, vz.that students learn the practice only in
practising laoyers office! On the contrery as gen
eral rule 1t is The very last place in which he ever
docs, or can learn the praclice-and his be made
extremely manifest w hat is practice as distinguish
ed from theory? Take single exampe-and er uno
disco omnes. The theory a law poin, says 10 the
student, if A lends u his watch, and sells it,
fuses to return it, A may bring what is called
ton Of Troyer and Conversion. Now troper means
hndlDg and conversion means appr"prlating 1t to his
own use and here, agaIn, the student learns two
other theoretical law poinls-yz. that the .nd is
verbal fiction, not at all material, to be
proped-and secondly that the conversion by the de-
trndant to his consists IN the mere 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 learnt and good
deal more before the practice that practice
the plaintiffs part CON lists Of thorough knowledge
of the forms prectdenisand, the defendants part
Of the like knowledge TO the for,uLe of the pleas
| reoinders &C. There are therefore, books Of preoe-
dens these books unfold every practical proceeding
| whatever in every action known TO the iaw--pro
gressivey from the importation of the ,cr to the final
| return upon the erectaion. These formula of writr
| returns 10 wrIs-appearspces-bs--in lanccs
| NEUTRALITY-SUSPICIOUS. of jures -lrial--eX-
cep,ioDs-verdict- Observation-Disclosures of
execuiIon-or on the other hand, tral---oy q D.
peal &c, &c.-are all set forth IN the ipreced MS SO
that be who knows most of precedeais, knows most
of practice but still these pTecedenis cannot them
selves be understood, without previous theoretical
know ledge. The question, then resolves Itself into this
! Cannot a law student be well grounded in all the
| peC edents, lafo senSu, who never practising
lawyers ofiice7 And why not 2 On the contrary,
cous and careful study of all the formula hch he
| never docs in practising lawyer ofice) than by
writing, rather copying tho'e simple and OCCASION
al declarations, pleas &c, which The of office
assigns to the studentl L. it unifurny the case
that all really difficult and responsible business Of this
is done by the master himself without reach
ing the eye Of the sludent-or, # il does only to me
Chemically copy II Again: w bo distinguish be-
tween real suit in court and fictitious one IN which
one student prepares the wnt-snother the return
another he declaration some other the % ca, &c
until all the practical proceedings gone through
And hat prevents these students making record of
the whole, and then comparing all with certified re-
cord fiom court of justice in like action All
this surely may be done Law InstItution-and far
tier more quietl ,-hBd with more time than in bust.
offices where many precious hours often ost in
useless messages-ong walkt-li absorbing lttters-
copying (not dersing) declarations pleas, replica.
tons Sc. generally the sole workmanship o, 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 lsded of he popular and
serious which has placed young offices,
where little either oftheory Of Practice Is learnt This
surely Is not always the case but II Is too often such,
as'mapy depending students have found, and Others
have been compelled 10 confess, that they never
learned much of theory of practice until after heu
came TO the Bar but which time it wag found very
uphill and arduous work and sometimes not accom-
pished through whole life Of toll Doubtless
there many noble exceptions to The correctness Of
these remarks but still, aver it as fact that nv
eYpericnce has never made acquainted with any
young iaryer, who, in 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, the last thing student
can hope Tor m practising lawyers Office.
After an extensive practice Of seven and twenty
years in all Of the courts, and devotion the ine
rest Of ino students during much OF that period it NAV
not be too much TO soy that practice be lost
light ofn this institution and that nothing but meohan
cal narro,cnes Of legal education unworthy e an en-
iJhtencd lawyef could patToDIss the int-
nation that such az lnsti npn only adopted for
the ncucaon oflhe eienes and not Of Oh, ari of our