The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-30
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN the year is4 under the saspioe. OF the Unlset-
L siiy OF Maryland established In The city OF Bal
timore Law School under The denomination oil inc
Maryland Law Institute. This establishment eoni-
nued ia successful operation nearly eleven years nav
ing received students from eispea oil the states, ana
from Two foreign countries. Owing to the pressure
OF an extensive practice simultaneously wan tbe du-
ties which the Institution Involved, resolved, IN Tue
year 1886 abandon not iy the practice oil my ever
and long cherished profession but also the La" lnsii
tute and for health and ease sooght the more genial
climates of Europe Finding, al this timei nay heaih
perfectly restored and with II abatement whatever
Of my zeal and devotion TO that great science, winch
in this county of all Others needs TO be mehodiedy
and carefully sluded-and seeking, moreover, indus
trious and continued occupation essential To happi-
in land that knows dlers resol' ell TO re-esta-
bsh the Law lnstiuiion-and have selected i'h1a-
depha he place of It's location. In so soi.g nave
thought that no city 10 the nion affords such various
and ample inducements for all the purp'sss OF The
Law Sutherland that In none can more worthy
economy DO preserved, and yet with every requisite
comfort
The frequent app icaions made 10 me from dis
lance the former OCCASION ia regard To the partic
uars of my enterprise induce TO anticipate similar
inquiries now-and, 10 meet all such in advance,
now address this Circular, as all that can offer IN
explanation, and probably, as all that may be requi-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, Is spacious
and beautiful building, N III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably fun she'd supplied
with an extensive law and miscellaneous library
ci precedets V practice in every conceivable and APP
proved Drm. Studen,s admitted at any time
throughout The ycar-courses of study, and the re-
quiste books are supplied, exactly to neet the
wants and views of the student, according he may
design 10 practice his profession elher in the country
or IN come OF the maritime cities The laws of every
State In the Union in some degree dwet Upon
practice is constantly blended with theory--but the
deep and radical error of paen well of students
is carefully avodedI allude To the erroneous no.
ton that law students to be made mechanical
arSdns-mere attorneys learning practice by role and
Jealous OF book-kno,ciede, being too theoretical -
This nschievous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney good and lasting ne
who was not also deeply versed in the and
theory of the law. | therefore cannot acq uesce in
and never will yield to, the vulgar error Of putting
practice before and above theoryit is unnatural
Inversion of the established order of naiure-an gno-
rant and slovenly way of urging young men TO at
temps far beyond the powers of the human mind
for If he grounds and reasons of the science be not
well known, the practice cannot be well known.
But the error, to which ! so earnestly alude, is
fou ded upoa another, which is equally false and
row, vz.that student learn the practice only in
practising laoyer's office! On the Contrary as gen
eral rule 1t Is The very last place in which he ever
does, or can learn the praclceand this be made
extremely manifest. What is practice distinguish
ed from theory? Take single exam le-and uno
student if lends his watch and sells it, or re-
fuses TO return IT, may bring what is called an
ton Of Trover and Conversion. Now froper means
finding, and conversion means appropratiug II to his
own use; and here, again, the student learns two
other theoretical law pons-viz. that the finds is !
now mere verbal fiction, not all material or TO be
propsd-and secondly that the conversion by the de-
endant TO his o,cn use consists in the WITHHOLD
ing the properly from the plaintiff, althoug it should
be ever so clearly proved that he IN way the
property for himself OF for any purpose whatever but
to withhold II from the plaintiff.
Now all this theory must be learnt and good
deal more, before the practice comesand that practice
on The paintih pari con'iss Of thorough know ledge
OF he forms or prectdens-and the defendants part
oflhe like knowledge to the formula of the pleas
rejoinders &c There are, therefore books Of prece-
de'is these books unfold every practical proceeding
whatever IN every action known 10 the iaw--pro |
gessyey from the importation of the tcrii the final
return upon the ereeuion These Jormuia of wris
returns 10 wris--appeara nou-- boii-inpai lanc.s
con,inuanccs-lmpannelling of jnries -lral-e1- |
ceptions-veIdict-j udgment-eI, cution-return of |
eXecution-or, on the other hand trial--or APP |
peal, &c &c.are all set forth in the fpreced MS SO
that, he who knows most of preoedents, knows most
of practice but STALL these precedents cannot them
selves be understood, without previous theoretical |
ledge. The question, then, resolves Itself this
Cannot law student be well grounded ia all the |
pIecedents, iato seilsu, who pr aclising
lawyers office 7 Add why not On the contrary, /
cannot he learn far more OF practice by the JUDI |
docs ia practising lawyers oflceD than by |
Writing, OF rather copying those simple and occasion
al dec aratons, pleas &C. which he master of office
assigns to the student L. it uniformly the case
that all really difficult and responsible business of tins
is done by the master himself wihou, ever reach
ing the eye Of the sludont-or # 1t does only To me-
chemically copy III Again: Who distinguish be. |
tween real suit in court and fictitious one In which
one student prepares the wnt-anuther 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 rifed re-
cord ON court Of justice in like action All
this surely may be done Law InsIltuiion--and far
b tier quiet, --and with time than in bus
Offices where many precious hours often lost il
useless messages-.ong eaks-iIanscri bng letters
copying mot derising) declaI atoms, pleas replica.
tons SC 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 isfed Of The popular and
serious error which has placed young men Offices
where little either oitheUry Of practice is learnt This
surely IL not always the case-but II is too often such
asmany desponding students have found and as Others
have been compelled TO confess, that they never
learned much OF theory or Of practice until ajler hep
oa,nf 10 The bar but which time II Wns found very
uphill and arduous work, and sometimes not accom-
pi,shed even through a whole life Of toll Doubtless
there are many noble exceptions to he correctness of
these remarks but still aver it fact that nv
experience has made acquainted With any
potrng incyer, who, 10 candid conversation was not
willing 20 confess that his legal education had been
very haphazard-aud that practice to any really val
liable and abiding extent, ~ the last thing a student
can hope for ~ practising lawyers office.
Aher extensive practice Of seven and twenty
wears all Of the courts and devotion 10 the inie-
rests Of ia,1 students dunng much of that period it may
not be much say that practice can never be lost
ipht ofn this INSTITUTED and that thing but mschani
cal nnTooness Of legal education, unworthy e an en-
lixbtened lawyer could ever parouise the init
nation that such Instr ution only adopted for
The meditation oflhe seiknee and not of the ar Of nnr