The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-02

a CIRCULAR 70 STUDENTS oy Law
IN THE UNITED STATES.
TN the year 1924 updsr the auspices ofshs Uniss.-
ssy Of Marytand ! established In tbs city Of bs6-
tmore Law School, under the denomination Of The
Maryland Law institute. This establishment CONT
nued in successful operation nearly eleven years hav
my received students from eepen Of the States, and
from two foreign countries. Owing TO tue pressure
Of an extensive practice, simultaneously win the du-
ties which the Institution Involved resolved, In ths
year 1886 abandon not lily the practice Of my ever
and long cherished profession, but also the Law lnssi-
tue and for health and ease, sought the more genial
climates u Europe. Finding, at this time my health
perfectly restored and with no abatement whatever
Of my zeal and devotion TO that great science which,
in this country, Of all Others needs to BE- efhod'caly
and carefully Sunderland seeking, moreover, indus
ious and continued occupation, essential to happl-
in land that knows iders reso ed to re-esa-
blish the Law Insttution-and have selected Fhita-
dslphia the place of its location. In doirg have
thought that ciiyn 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, and yet with every requisite
comfort.
The frequent applications made TO me from dis
lance the former OCCASION in regard to The partic
fars of my enterprise, induce to anticipate similar
inquiries now--aDd, To meet all such in advance,
now address this CircuIar all that | offer in
site.
The Institution dedicated alone to law studies,
and their cognate and auxiliary topics, Is spacious
and beautiful, building, NJ. III South Fifth street.
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably furnished, supplied
with an extensive law and miscellaneous library
cu pecedents Of practice in every conceivable and APP
proved firm. Students are admitted at any time
throughout the year--courses Of study, and the Ie-
quise books supplied, as exactly to neet the
wants and views Of the student, according he may
design to practice his profession either in the country
or in come Of the maritime cities. The laws Of every
State in the Union in some degree dwet upon
practice 10 constantly blended with Meo,y-but the
deep and radical ofpmenis we'll us Of students
is carefully AVOIDED aiiude to the too erroneous no.
lion that law students to be made mere mechanical
artisans attorneys, learning practice by rote and
jealous OF bookkrlo1ledge as being too theoretical
This mschievous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was good and lasting one
who was not also deeply versed in the reasons and
theory Of the law. therefore cannot acquesce in,
and never will yield to- the vulgar error Of putting
practice before and above theory-it is an raj
;nreron Of the established order of naturean igno
rant and soveny way Of urging young men to at
tempts 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, is
founded upoh another which is equally false and mar
row, vizthat students learn the practice only in
practising lawyers office! On The ~ ss gem
eral rule, it is he very last place which he
does, or can learn the prac,iceand this be made
extremely manifest. w hat is practice as distinguish
cd from theory? Take single example-and &c uno
disco onines. The theory or law point says to the
student, if lends his watch, aud sells it, or re-
fuses 10 return it, may bring what is called
ton of Trover and Conversion. Now troper means
finding, and conversion means approprating it to his
own use and here, again, the student learns two
other theoretical law poinis-viz. that the finding is
now mere verbal fiction, not at all MATERIAL or TO be
proved-and secondly, that the conversion by the de-
ing the properly from the plaintiff, although it should
be ever 80 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 I'd that PRACTICE
the plaintiff part lists Of thorough know ledge
ofihe forms precsdensand. the defendant part
ofthe like knowledge to the formula Of the pleas
rejoindc, &c. There are, therefore books of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw---pro
gressveiy from the importation Of the rt TO the final
rcturn upon the e&rextfum. Thrsu yS,mwsss OF
returns TO writs-appearan observation-disclosures
ACKNOWLEDGEMENTS of juries -lria-ex-
ceptions-verdict-j Observation-Disclosures of
execution-or, on the other hand, trial--er APP
peal, Sc, &c.are all set forth in the fprsced MS 30
that, he who knows most Of precedeats, knows most
of practice but STILL these precedents cannot them.
selves be unde rstood, without previous theoretical
know ledge. The question: then resolves itself into this
Cannot a law student be we'll grounded in all the
presidents, iaio sensu, who saw Or actsnr
lawyers office 2 Aod why not On the contrary
cannot he learn far more of practice by the JUDI
cious and careful study of all the formula which he
never does in practising lawyers office) than by
writing, OF rather copying those simple and OCCASION
al declarations pleas &c. " hch the master Of an office
assigns to the sudent IL 1t not uniformly the case
tina, all really difficult and responsible business of this
sort is done by the master himself without ever reach
ing the eye Of the s,udent-or " it does only to me-
chnnicsliy copy it Again: Who can distinguish be
tween real suit in court and fictitious one Ia which
one student prepares the writ -snother the return
another The declaration some other the pea, &c
until all the proetsooi proceedings are gone through
And shat prevents these students making record Of
the whole, and then comparing all with certified re-
cord ON court of justice in q like action All
this surely may be done IA Law Instution--and far
ttcr-more qu'etl, and with time than in bhs
Offices here many precious hours often lost in
useless messages-long ~sIks--,ranscr bling letters
copying mot dsrissmg) d~cls,s atoms, pleas replica.
tons SC. generally the sole Workmanship o. the
master Of the Office, and very seldom that Of the
student confess that all this Is 20 my mind rreme-
ly plain, and ha. long isGed of The popular and
serions error which has placed young Ia Offices
where little either oftheory or OF practice 10 learnt This
SURELY 10 not always the bat 10 too often such
asmany dspordsug students have found and as ohers
have been compelled to confrss, that they never
learned much OF theory or cfprac,'ce until sHo they
cams 10 The Bar bot a, which tine, u found very
up. hin and arduous work and sometimes no, accom-
pished even Though whole hfs Of toll. Doubtless
there many noble exceptions TO The correctness OF
these remarks but still, aver II a. fact, that my
experience has never made me acquainted Nth any
voumg i~rysr, who, in candid eonversa'ion, was not
wiling 20 confess thai his legal education had been
very haphszsrd-a and that practice, To any really val
liable and sbtdinG extent. the last thing student
can ever hope Tor IN practising lawyers Office
After an extensive practice OF seven and twenty
years in all sfthe courts, and devotion to the inie
rests Of iac students, during much OF that period II may
not be much To say that practice be los,
light ofn this institution and that nothing but n<chani
cal nnrro,rns Of legal educsfio unworthy e an en-