The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-30
4 CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

|
TN the year 1924, under the auspices ofthe Unye.-
/ siiy OF Maryland established IN the city OF BAL
| tmore Law School under The denomination Oh 'ne
Maryland Law lnsti,ute. This establishment CONT
nued ia successful operation nearly eleven years nav
ing Teceiv. students from elren OF tue ota'es an"
| from Two foreign countries. Owing to the pressure
of an x'ensise practice, simultaneously wan 'ne uu-
lies which the Institution involved resolved IN the
year 1886 To abandon not lily the practice OF my ever
and long cherished profession, but also the La" ihs'-
lute; aud for health and case, sought the more genial
climates of Europe. Finding, at this ulnei my heaith
perfectly restored and with abatement whatever
of my zeal and devotion TO that great science which
in this country, of all others needs To DC menodea"y
and carefully siudiedand seeking, moreover indus
trous and continued occupation, essential 10 haPp'-
in land that knows iders reso ed 10 e-esia-
bIish the Law Insttulion-and have selected lhifa-
deiphia The place of Its location In 80 dong nave
thought that city in the Union affords such various
and ample Inducements for all the purP1s's OF The
Law Sutherland that in can more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent app ica,ions made 10 me from dis
ia nee on The former occasion regard To the parc
uins of my enterprise, induce to anticipate similar
| inqu res now--and 10 meet all such In advance
now address this Circular as all that can oher III
planation and, probably as all that may be equi-
site.
The Institution, dedicated alone to law studies,
and their cognaie and auxiliary topics, spacious
and beautiful bu ldng, N III South Fifth street,
suit BILE for the accommodation of about sixty stu
dents. The are all suitably furn she'd supplied
with an extensive law and miscellaneous library
toiu precedeMs Of practice in every conceivable and APP
proved fran. SUDDEN are admitted at any time
throughout the year--courses Of study, and the
q,site 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 in some degree dwelt upon
practice is constantly blended with thec,y-but the
deep and radical OF parents, well Of students
is carefully AVOIDED alude the too erroneous
ton that law students TO be made mechanical
artisans attorneys learning practice by role and
jealous of book knoctedge, being too theoretical -
This mischievous error must inevitably degrade the
science and profession, and Is gross mistake since
practising attorney wa, good and lasting me-
who was not also deeply yeTsed 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--it is an unnatural
inrsrsion Of the established order of naiurean igno
rant and sovenly way of urging young to at
| tempis far beyond the powers Of the human n ind
for, If he grounds and reasons of the science be
well known, the practice cannot be we'll known.
But the error, to which | earnestly alIude, il
founded upoh another, which is equally false and
row, vlz-that students can learn the practice only in
practising incyers office On The ~, gen
eral rule, 1t is he very last place in uhu he ever
does, can learn the pracce-and this be made
extremely manifest. hat practice distinguish
ell from theory? Take a single exampe-and tr uno
dtsce Olfitfs ne Ueory or law point says 10 the
student, if lends his watch and sells it, or
fuses 10 return it, may bring hat called
ton of lrover and Conversion. Now means
binding, and conversion means appropratiug 1t to his
own use; and here, again, the student learns two
other Meorefcal law poins-vIz. that the find ng is
now mere verbal fiction, not at all material To be
propsd-and secondly that the conversion by the de-
PENDANT to his consists in The WITHHOLD
ing the properly from the plaintiff, allhoug 1t should
be ever so clearly proved that be in way the
fV for for hat. h,tI
TO withhold from the plaintiff.
Now all this theory must be learnt and good
deal more, before the practice comesand that practice
on the plaintiff part ,con' lists Of thorough know ledge
of The FERNS or precautionary the defendants part
otthe like knowledge TO the formula of the pleas
rejoinders &c There are, therefore books Of prsce
dents these books unfold every practical proceeding
whatever, in every action known to the iaw-pro. |
gressvey from the importation of the prit the final
return upon the erectaton. These torniui9 of wrs
returns TO ces-baiI-imp lances |
observation-disclosures melting of juIies -irial-e1-
cep,ioDs-y erdict-j udgment-eIec of |
execution-or, on the other hand, tria-or APP |
peal, &C. &c.-are all set forth in the fpreced, MS so
that, be who knows most Of precedeab knows most |
Of practice bat sl these presidents cannot them
selves be unde rstood, without previous theoretical
owledge. The question, then, resolves itself into this
Cannot law student be well grounded in all The |
precedents lato Sensu who never pr actising |
lawyers ofiicel Aud why not On the Contrary 1
cannot he learn far more OF practice by the iud-
cious and careful study of all the ornuia hch he
never docs in practising lawyers office than by |,
writing, OF rather copying ho,e simple and occasion
al decarat ons, pleas &C. which The master Of office
assigns To the students Is il not uniformly the cgse
that all really difficult and responsible business of this
sort is done by the master himself without reach
ing The eye of the sludent-or # II does only to me
cha nicay copy it 7 Again; Who dis nguish be.
tween real suit In court, and fictitious one in which
one student prepares the wnt-anuther the return
another he decaratiDn- some other the ga, &c |
II H.. t.g,Ip
And hat prevents these students making record of |
the whole and then comparing all with C, rfed re-
cord Fl ON court Of justice in a like action All |
this surely may be done Law InsiItution-and far |
b tef-moIe quietly land with more time than in bus
offices where many precious hours often lost ia
useless messages-'ong walks-tanscr bing letters
copying mot derising) decla atoms, pleas, replica
tons &c. so generally the sole workmanship OF the |
master Of the office, and SO very seldom that Of the
student. | confess that all this is my mind extreme
Iy plain, and has long sfed of the popular and
serious which has placed young Offices
where little either oftheory ofprsctice is learnt This
surely - not always the case-but it is too often such
arlmany desponding students have found and as olhers
have been compelled TO confess that they never
learned much oftheory Of practice until after hey
came 10 the bar but, at which time it found very
no hill and aIduous work, and sometimes accom-
uished even through whole life Of toll Doubtless
there are many noble exceptions to he correctness Of
these remarks but still | aver 1t az fact that my
experience has never made me acquainted with any
young laryer, who, IN candid conversation was not
wiling 20 confess that his legal education had been
very hap-hszad-and lh, practice TO any really val
liable and abiding extent, the last thing student
can ever hope Tor N practising lawyers ofice.
After m extensive practice Of seven and twenty
wears in all Of the couts, and devotion To the int
rests Of ao students, during much Of that period may
not be too much say that practice be lost
ighi ofin this INSTITUTED md that nothing but mechan
cal naro,oness Of legal education unworthy e en-
Ii ,htened lawyer, could ever patronise the init
nation that such "a Institution was only adopted for
the incubation flhe science and not of the art Of