The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-04
4 CIRCULAR 10 STUDENTS OF Law
IN THE UNITED STATES.


TN the year 1894 under the auspices ofthe Uniyel-
sity OF Maryland established in the city OF Bal
timose a Law School, under the denomination OF 'he
| Maryland Law Institute This establishments eoh''-
nued in successful operation nearly eleven y'"'s
ing received students from elsUea OF the States, ana
from two foreign countries. Owing TO the pressure
of an ensiye practice, simultaneously WIN we uu
lies which the Institution involved, es"Neu !" 'he
year 1886 abandon not liy the pacte' OF my oNo
and long cherished profession but also the La" ihst-
tute and Cor health and ease sought the nore genial
climates OF Europe. Fading at THIS umei my heai'n
perfectly restored and with II no abatement whatever
of my zeal and devotion TO that great science winch
in this country of all others, needs 20 be mfhodeaHy
and carefully siudied--and seeking moreover INDUS
trous and continued Occupation, essential 10 haPpi
ness ia land chat knows tders resol ed to Iee Va
blsh the Law lnstiution--and have selected iDhita
deiphia as he place loo aton In dong have
thought that city la the Union affords such various
and ample Inducements for all the purpbs's OF Tue
Law Sutherland that in none con more worthy
economy be preserved, and yet with every requisite
comfort.
lance the former OCCASION Ia regard To the partic-
uiarS of my enterprise, Induce TO anticipate similar
| inq uries now-and To meet all such IN advance,
now address this Circular as all that | can offer IN
explanatlon and, probably, as all that may be requ-
site.
The Institution dedicated alone to law studies,
and their cognale and auxiliary topics, spacious
and beautiful building, NJ. III South Finn street
dents The rooms are all suitably fuIn shed supplied
with extensive law and miscellaneous Library
Nth precedenlS Of practice every conceivable and APP
proved fJrn. Stud.ns are admitted at any time
ibroug bout The year-courses OF study, and the re-
quislle books supplied, exactly TO neet the
wants and views of the student according az he may
design 10 practice his profession, either IN the country
IN some Of the maritime cities The laws of every
State in the Union in some degree dwolt upon
practice is constantly pleaded with HeC,y--but the
deep and radical OF parents, well of students
carefully AVOIDED ailude To the too erroneous
ton that law students be made mere mechanical
atisdns-mere attorneys learning practice by rOte, and
jealous of book knowledge, IS being too theoretical -
| This mlschevous error must inevitably degrade the
science and profession, and Is gross mistake, since
no practising attorney ever G. Oh and lasting one
who was not also deeply versed in the reasons and
| theory Of the law. ! therefore cannot acquiesce in
and never will yield to- the vugar Of putting
practice before and above lheory-it is an unnatural
inrerSion Of the established der of igno
rant and slovenly way of urging young 10 al
| tempts far hey onJ the powers of the human mind
for If he grounds and Of the science be not
well known, the practice cannot be well known.
But the error, 10 which | SO earnestly allude, is
| fou ded upoh another, which is equally false and
row, vz.-tbat students learn the practice only in
practising laoyer's office! On The conrI,ry, gen
cral rule, he very last place IN which he ever
does or can learn the prac,ice-and this can be mad
| extremely manifest That is practice distinguish
ed from theory? Take single exampe-and er uno
disco on,nes fhe theory or law point says TO the
| student, If lends his watch and sells it, re-
fuses to return it, may bring what is called ac
| ton Of Trover and Conversion. Now means
1ndipg and CONVERSION means appropriaiirg II to his
| own use and here again, the student learns two
other theoretical law points-viz. that The find g
now mere verbal fiction not at all material TO be
prored-and secondly, that the by the de-
ndant to his otcn use consists III The mere WITHHOLD
ing the properly from the plaintiff although 1t should
be ever clearly proved that he in way the
property for himself for any purpose whichever, but
| TO Withhold II from the plaintiff
| Now all this theory must be learnt aud good
deal more before the practice comesand that p!actice
the plaintiff par con Isis of thorough know ledge
of the forms prtctdnS-and, the defendants part
of the like knowledge the formula of the pleas
,jonders, &c. There are therefore books Of prece-
denis these books unfold every practical proceeding
| whatever, IN every action known to the law-pro
gressvey from the Importation of the iDrii to the final
return upon he execution These forDuIe of wnts
| returns 10 wris-appeara nces-bail-npaI snces
-conlinuances-mpdnnel of Junes -lrla-ex-
| ceptions-veTdIct-J gment-eX rcuuon-return OF
eXecutlon-oT, on the other hand, new tral-or APP
peal, sc &c-are all set forth IN the 'preoed MS SO
that, he who knows most of precedeat, knows most
of practice but stll these precedens cannot them
selves be Understood, without previous theoretical
knowledge The question, then resov tso into this
Canno, law student be well grounded in all the
| pes accidents idiO senSu, who never saw practising
| lawyers Office AID why not On the contrary
cannot he learn far more OF practice by the JUDI
cious and careful study of all the torHir hich he
never does IN practising laNye rs ofics) than 10y
wiling, rather copying ho-e simple and OCCASION
al dec aratons pleas &C. which he master If 10 Office
assigns 10 the sludentl L. 1t not unif1rily the case
that all really difficult and responsible business OF this
Is done by the master himself without ever reach
ing the eye Of the siudent-or # il does only To me-
| chanicaly copy II Again; Who diet nguish be
tween real SUIT in court, and fictitious 10 VIII ch
| one student prepares the wut-anuther the return
another he deoloralion- 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 a rifed re-
cord fiom court Of justice in like action All
this surely may be done a Law lnsutution-and Ear
b tter-more quietly and with time than IN busi.
offices where many precious hours often lost ~
| useless ssages-iong wakf-lIanscr bing l,ttets-
coming mot deuising) decla atoms, pleas, replica.
tons &c generally the sole workmanship the
master Of he office, and very seldom that Of the
student confess that all this i 90 my mind extreme
" plain and has long is6ed Of he popular and
serious error which has placed young Offices,
where little either oftbeory practice y learnt This
surely always the case-b bat u Is too often such
almany depending students have found and ulhofs
have been compelled TO confess, that thy never
learned much Of theory or Of practice until after they
eaJns 10 ~. bar but which tine It was found very
no. hill aud atduous work, and sometimes accom-
! pi,shed even thu. ugh a whole life Of toll Doubtess
there are many noble exceptions 10 he correctness of
these remarks but STILL aver it a fact that nv
e1psrience has never made acquainted With any
voug ldicyer, who, ~ candid Conversation was MOI
wiling 20 confess that his legal education had been
very hap-hazardsDd hat practice, any really val
liable and abiding extent the last thing student
can ever hope tor N practising lawyers Office.
| After an extensive practice Of seven and twenty |
years m all Of the courts and devotion to the int
resis ofLao students, during much Of that period NAV
not be- too much say that practice can never be ls
rht ofn this Insttun aud that nothing but Hechani-
cal narrOonos Of legal education, unworthy e an en-
/ Ii thtenod lawyer, could ever patrouse the init
nation, that sueh an lnst utipn only adopted for |
the incubation Of the science and not Of the Of our
/ e. cLnlIll I.-lliIc.a L..