The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-09
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices ofth Uniser-
.iy Of Maryland, established IN the Guy OF PAL
umore Law School, under The denomination oil 'he
MARYLAND Law Institute. This establishment con-"
nued in successful operation nearly eleven years ua'
ing received students from eieyen oil the States, ano
from two foreign countries. owing W '1 P,'e
of an ex ensive practice, simultaneously WIN ts uu
ties which the institution involved resolved, IN Tue
year 1886 10 abandon not liy the pIaeuee OF my e
and long cherished profession bu, also the La" ins
luie and for health and ease, sought inc more ge"s
climates Of Europe Finding at this ume, my heai'h
oercily restored and with II no abatement whatever
of my zeal and devotion TO that great science wh'e
in this country, Of oil others, needs TO be memoaeaHy
add carefully studied-and seeking moreover ihuus
trious and continued occupation, essential TO haPP
ness in land that knows oilers resolved TO fe-esla-
bsh the Law lnsttutlon-and have selected i,h"1
dspha he place OF ito location in SO cong nave
thought that city in the Union affords such various
and ample inducements for all the purposes OF the
Law Sutherland that In none can more worthy
economy be preserved, aud yet with every requisite
comfort
The frequent applications made me from dis
lance the former OCCASION in regard TO the Parf'e
ulars Of my enterprise induce TO anticipate similar
inquiries Dow--and to meet all such in advance,
now address this Circular, as all that can offer IN
planation and, probably, as all that may be requ-
site
The Institution, dedicated alone to law studies,
aud their cogna,e and auxiliary topics, Is spacious
and beautiful building, NJ, III South Fifth street,
suit BILE for the accommodation of about sixty stu.
| dents. The rooms all suitably furn shed supplied
with an extensive law and miscellaneous library
oi prscedents Of practice in every conceivable and APP
| proved f,rm. Sludens are admitted at any time
throughout the year--courses of study and the re-
guste books are supplied, as exactly to acct the
wants and views Of The student, according an he may
design practice his profession either IN the country,
or some of the maritime cities The laws Of every
State in the Union in some degree dwelt upon
practice is constantly blended with heory-but the
deep and radical error OF parents well of students
is carefully AVOIDED alude to the too erroneous
ton that law students to be made mechanical
artisansmere attorneys learning practice by rote and
jealous OF book knowledge, being too fheo reiieai
This mschievous error must inevitably degrade the
science and profession, and is 2ross mistake since
practising attorney ever good and lasting one,
who not also deeply vefsed 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
inrersion Of the established order of naturean gno-
rant and soveny way of urging young men on 10 at
! temp,s far beyond the powers Of the human ind
for, if The grounds and reasons of the science be
well known, the practice cannot be well known.
But the error, TO which ! earnestly aIude, is
fou ded upo another which is equally false and mar.
row, viztha students earn the practice only in
practising ia,cyers office, On the coni.ry as gen
era rule, 1t Is he very last place in which he ever
does, can learn the praciice-and this be mad
extremely manifest What is practice distinguish
ou Ip'h "'e" mt rHiGlc tAalnPc-dHu tI
disco on,nes. The theory law point says TO the
student If A lends b bis watch, and + sells il,
fuses 10 return II, A may bring what is called
ton of Irover and Conversion. Now frorer means
finding, and conversion means appropriaing il to his
own use and here again, the student learns two
other theoretical law poinis--vz. that The find g is
now mere verbal fiction not at all material, TO be
prorsd-an secondly, that the conversion by the de-
frndant to bis oicn consists in the mere WITHHOLD
ing the properly from the plaintiff although it should
he ever r. rlv fba he he
property for himself Oh for any purpose whatever, but
| 10 withhold Il from the plaintiff.
Now all this theory must be learnt and a good
deal more before the practice comesand that practice
on the plaintiff part con lists OF thorough know ledge
OF he forms preodents-and, the defendant part
of the like knowledge TO the formula of the pleas
rejoinders, &c. There are therefore books Of prtce
dents these books unfold every practical proceeding
whatever, IN every action known to the Iaw-pro
gressively from the importation of the icrito the final
return upon the eIectaion These formula of writs
returns 10 wr,ts-appearances-ba- lances
-continuances-impanne of Juries -irial-eI-
cepons-veIdict-j udg ment-eItcution-return of
| execution-oT, on the other hand, new tral-or APP
peal &c, &c.-are all set forth in the ipreeed so
that he who knows most Of prsesdeats, knows most
of practice but still, these precedens cannot them
selves be understood without previous theoretical
knowledge. The question: then resolves itse into this
Cannot law student be well grounded in all the
prccedents, aio ssnsu, who never saw pr actsing
lawyers office Aad why not On the contrary
cannot he learn far more OF practice by The judi
cous and careful study of all the formula (which he
never does 10 practising lawyers ofice) than by
writing rather copying those simple and occasion
aldec aratons pleas &C. which he master of Office
assigns TO the sudent} l. 1t uniformly the case
that all really difficult and responsible business Of this
is done by the master himself without reach
ing the eve OF the sludent-or if II does only To me-
cbanieally copy III Again: Who can distinguish be.
tween real suit in court, and fictitious one In which
| one student prepares the ~rit-another the return
| another he declaration- some other the pea, &c
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole, and then comparing all with certified re-
cord Fl ON some court of justice IN a like action All
this surely may be done IA Law lnsiItution-and far
b ier-more quiet and with more time than in busi
ness offices where many precious hours often lost
useless messages-long waks-lfanscribnr letters
copying (not derising) decla atoms pleas replica
tons, &c. generally the sole workmanship O. the
master Of the Office, and very seldom that Of the
student. confess that all this Is To my mind extreme
y plain and has long sfed me of The popular and
serious error which has placed young men In Offices
where little either ftheory practice is learnt This
SURELY Is not always the casebu is too often such
asmany d,syonding students have found and as others
| have been compelled 10 confess, that they never
learned much of theory of practice until after fheu
came 10 the bar but at which tune II was found very
uphill and arduous work, and sometimes moi accom-
piished even through whole life Of toll Doubtless
there are many noble exceptions 20 he correctness of
| experience has never made me acquainted with any
| Young la,cyer, who, IN candid conversation, was not
wiling 20 confess that his legal education had been
very hap-hazard-and that practice, to any really val
liable and abiding extent rs the last thing student
can ever hope Tor n practising lawyers uffice.
| After In extensive practice of seven and twenty
wears all of the courts, and devotion the int
rests law students, during much Of that period may
no, be too much say that practice be lost
light OF this institution and that nothing bu, echari-
cal narro,one Of legal education unworthy e an en-
hlhtened lawyer could ever palronse the init
nation that such Instr ution only adopted for
the incubation ofhe science and not Of the at of our