The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-19
, CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1921 under the auspices Of the niyei
i sily Of Mary land, established ~ the cry OF b,-
timore a Law School, under the denomination oil me
MARYLAND Law Institute. This establishment CONT
nued in successful operation nearly eleven years. paw
ing receive students from eierea oil tue STATES anu
from two foreign countries. Owing TO tue pressure
OF extensive practice, simultaneously WIN 'ne uu-
Ties which the Institution involved resolved IN the
wear 1886 to abandon lily the practice OF my ever
and long cherished profession but also the Law i"si-
tute and for health and ease sought the more geniei
climates of Europe Finding, at this Tune, my heai'h
perfectly restored, and with II no abatement Whatever
of my zeal and devotion 10 that great science winch
in this county OF all others, needs to be metodeay
and carefully sluded-and seeking moreover, INDUS
trous and continued occupation, so essential 10 haPp-
ness in land that knows oilers resol cd 10 eesta-
blish the Law lnsttuiion-and have selected fhisa'
deiphia he place Of It's location In 90 doug nave
thought that city in the Union affords such various
and ample inducements for all the purpos,s OF the
Law Sutherland that in none can more worthy
economy be preserved, and yet with every requisite
comfort.
lance the former occasion, in regard To the paro-
uays 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
exIlanation and, probably, as all that may be requ'-
site.
The Institution, dedicated alone TO law studies,
and their cognale and auxiliary topics Is spacious
and beautiful building, III South Fifth street,
suitable for the accommodation OF about sixty stu.
dents. The rooms are all suitably um shed, supplied
with extensive law and miscellaneous Library
Nth precedens Of practice IN every conceivable and APP
proved form. Studen are admitted al any time
throughout he year-courses OF study, and the re-
qusio books are supplied, as exactly TO neet the
wants and views of the student, according he may
design practice his profession eIher in the country
in some of the maritime cities. The laws of every
State in the Union are in some degree dwet upon
practice is constantly beaded with hecry-but the
deep and radical of parents well of students
is carefully avoided ailudc to the too erroneous
ton that law students TO be made mere mechanical
a1tisdnsmere attorneys learning practice by roe, and
Jealous of book knoctedge being too theoretical -
This mischevous error must inevitably degrade the
science and profession, and Is gross mistake, since
practising attorney was ever good and lasting ne
who not also deeply veIsed 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 theoryit is an unnatural
inrerSion of the established der of naurean igno
rant and slovenly way Of urging young men 10 at
| tempts far beyond the powers Of the human mind
for if he grounds and reasons of the science be
| well known, the practice cannot be well known.
But the error to which | earnestly allude, is
fou ded upoh another which is equally false and
row. vz.-that students learn the practice only in
practising lawyers office! On the cJntr.ry, gen
era rule, 1t is the very last place in Which he ever
does, or can learn the praciiceand this can be made
extremely manifest What is practice as distinguish
disco onines. The theory law point says to the
STUDENT if A lends b his watch and b sells it,
fuses to return it, A may bring hat is called an
ton of Trover and Conversion. Now froper means
finding, and conversion means appropra,ing 1t TO his
own use and here, again, the student learns two
other theoretical law pons-viz. that the find ng Is
verbal fiction, not at all material, TO be
propsd-and secondly that the conversion by the de-
fendant TO his consists in the mere withhold
ing the properly from the plaintiff although 1t should
~ ev so hat he in no he
property for himself for any purpose whatever, but
TO withhold It from the plaintiff.
Now all this theory must be learn, and a good
deal more before the practice comes-and that practice
the plaintiffs part con, lists Of thorough know ledge
of he forms prectdens-and the defendant part
of the like knowledge to the or7ailG of the pie
rrolnders, &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
Whatever IN every action known To the law-pro
gresslvely from the importation of the ior to the final
| return upDn The erseiaion These formula of wrts
returns 10 wrts-appeararces-bai l-mparlances
ACKNOWLEDGEMENTS of lures -trial-cx-
ceptons-veIdlct- Observation-Disclosures of
eXecuiion--or, on the other hand, tral-or APP
peal &c &c-are all SIT forth in The fpteced MS so
that be who knows most of predicts, knows most
of practice but sul these ITeceJents cannot them
selves be understood, without previous theoretical
know ledge The question, then, se into this
Cannot law student be well grounded in all the
pecedents idio Sensu, who never saw 10y act,sinp
3
cannot be learn far more OF practice by the jud-
cous and careful study Of all the torBuiG (Which he
never does in practising lawyers oiice) than by
whiting, rather copying, thoe simple and occasion
al dec arat ons pleas &C. which be master ofan Office
assigns the student1 l. il not unifrny the case
that all really difficult and responsible business of thus
sor is done by the master himself whout ever reach
ing the eye of The student-or f II does only me
| chanicaly copy IL Again: Who can distinguish be.
tween real suit in court, and fictitious in VIII ch
one student prepares the writ-another the return
| another the declaraliOn- some other the ca, NC
unit, all the practical proceedings are gone through
And hat prevents these students making record OF
the whole and then comparing all with rtified re-
cord Fl ON some court of justice in like action All
this surely may be done Law InsiItution-and far
b ter-more quiet ,and with more time than m bu.i.
ness offices here many precious hours often lost ia
useless messages-ong @alks-ianscr bing letters
copying mot derisng) declarations pleas replica
! tons &c so generally the sole workmanship OF the
master Of the office and very seldom that Of the
student confess that all this il 10 my mind extreme
ly plain and has long isfcd Of lhe popular and
! serious error which has placed young m offices
where little either OF theory or Of practice IL learnt This
SURELY Is always the case-but It is too often such
asmany desponding students have found and others
| have been compelled 10 confess, that they never
Learned much Of theory Of practice until after heu
eapf 10 he bar but, which tine II Wag found very
up. bill and aTduous work, and sometimes not accom-
| pished even thu ugh whole life OF toll Doubtless
there are many noble exceptions TO The correctness of
these remarks but still, aver 1t fact, that my
/ experience has never made me acquainted with any
yo,rng laryer who in candid conversation, was not
willing 20 confess that his legal education had been
very hap-hazard-and that practice, to any really val
| liable and abiding extent, ~ the last thing a student
can ever hope for N practising lawyers office.
After IN extensive practice Of seven and twenty
wears IN all If the courts and devotion 90 the nfe-
rests Of dp students, during much ofthal period may
not be too much to say that practice be lost
ight 6fn this Institute md that nothing but echan
cal narro,cness Of legal education, unworthy r en-
ightcncd lawyer, could ever paronse the int-
nation that such Inst ution only adopted for
the of science and not Of the art Of our
profess ion-an intmation confined, doubtless 10 n
In. htrh IL { ihn ,r.in