The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-04
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


L sity Of Maryland established 10 the Guy of Bal
tmofe Law School, under the denomination OF The
| May land Law institute This establishment CONT
tpued IN successful operation nearly eleven years hss
ng receive d students from esren OF the States, and
from two foreign countries. Owing TO the pressure
of extensive practice, simultaneously with toe du-
ties which the Institution involved resolved IA Tue
year 1886 10 abandon not y the practice OF my ever
and long cherished profession, but also the Law ins'-
tuie; and FIR health and ease sought the more genial
climates oi Europe. Finding al this tune, my hfahh
perfectly restored and with It abatement whatever
of my zeal and devotion that great science, which,
Ia this county of all others, needs TO be nefhodeaHy
and carefully sudied-and seeking, moreover, indus
! t-ous and continued occupation, essential To happ-
land that knows oilers reso ed 10 zee 'ia-
blish the Law lnstiuiion-and have selected Phiia
dslphta The place Of ts location. In 1org have
thought that city in the Union affords such various
and aDple Inducements for all the purposts OF The
| Law Sutherland that in none more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app icslions made o me from dis
lance, on The former occasion, in regard 10 the patic
ulars Of enterprise Induce to anticipate similar
| inquiries now--and, 10 meet all such IN advance,
now address this Circular, all that offer IN
explanation, and, probably as all that may be rqu
site.
The Institution, dedicated alone to law studies
and their cognae and auxiliary topics is spacious
and beautiful building, III South Fifth .treet
suitable for the accommodation of about sixty stu
|
with an extensive law and miscellaneous libary-
o preeedents Of practice every conceivable and ap
proved firm. Studen admitted at any time
! throughout The yeaT--courses OF study, and the
quiste books are supplied, exactly TO 0eet the
wants and Of the student, according he may
design TO practice his profession ether in the country
or in some Of the Maritime cities. The laws of every
| State Ia the Union in some degree dwe!t upon
practice is constantly pleaded with hec,y--but the
deep and radical of parens well as of students
is carefully AVOIDED aiiudc TO the to erroneous
ton that law students be made mere mechanical
artisans attorneys learning practice by role and
jealous of book knoriedgs % being too theoretical -
his mlschi-v 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 reasons and
theory of the law. therefore cannot acquiesce in
and never will yield to- the yulgsr error uf putting
practice before and above theory-i is unnatural
Inversion of the established order of na,ure--an gno,
rant and slovenly way of urging young men on
temP,s far beyond the powers Of the human mind
for If The grounds and reasons OF the science be
well known, the practice cannot he well known.
But the error to which | earnestly alude is
fou ded upo. another which equally false and
row, vz-that students learn the pgaefice only in
practising ia1yer's office! On The conu.rv, gen
erai rule III The very last place in which he ever
does or can learn the praciice-and his be made
extremely manifest W hat is practice distinguish
ed from theory? Take single example-snd TT un0
disce omnes The tteory law point says To the
student, If A lends b has watch, ani y sells It,
fuses 10 return IT, A may bring what il called
! ton of Trover and Conversion. Now frorer
hnding and conversion means prpriating IL to his
own use and here again, the student leans two
other theoretical law poinisyz. that the find ng l.
now mere verbal fiction not at ali naeri II, or 10 be
prorsd secondly that the conversion by the de-
ndant 10 his consists Ia The mere withhold
ing the properly from the plaintiff although it should
be ever clearly proved that he in way the
property for himself OF for any purpose whatever but
| To withhold II from the flanuf
Now all this theory must he learnt aud good
deal more before practice comesand that praclice
on the PLAINTIFF Iar con i-ls OF thorough know edge
OF he forms precdeniSand, the defendants part
of the like knowledge to the formula of The pleas,
rjonders, &c. There are, therefore books Of prsce-
dents these books unfold every practical proceeding
| whatever, IN every action known to the law--pro
gressively from The Importation OF the crifto the final
| return upon The ereeuton. These torn,uie of wrs
returns 10 wrIts--appearan ces-baii-inp aIaDces
ACKNOWLEDGEMENTS of jufes --riel-ex- |
ceptions-verdict-j udg ment-eIecuton-return of |
eXeculion--or, The uther hand, new trial-or sp-
perl &c &c.are all st forth IN b. lprtced MS so
that he who knows most of precsdests, knows most
OF praeiice but still, these preceden,s cannot them
selves be undersood without previous theoretical
knowledge. he question: then reso Itself this
Cannot a law student be well grounded in all the
pIeceden,s, taf0 Sensu, who pr scrising
lawyers office Add why not On the contrary, 1
cannot he learn far OF practice by the JUDI |
cous and careful study of all the formula which he
never does IN practising lawyers office than by |
writing OF rather copying, lho,e simple and occasion
al dec srat oDs pleas, &c, which The Office
assigns to the sudentl L. it onfor ally the case
that all really difficult and responsible business Of this
,ort is done by Tie master himself without reach
Jog The eye of the sudent-or Il II does only
chemically copy II Again: Who dist uguish be |
tween real su in court, and fictitious IN VIII CHI
| one student prepares the wnt-snother the return
another The declaratDu-- some other the, ca, &c
until all the paeiiedi proceedings are gone through
And hat prevents these students maxi ing a record of
the whole, anu then comparing all with a rlfcd re-
cord ON court of justice IN like action All
| this surely may be done Law Northumberland far |
tter-more quctlS and with more time thar IN hus,
no Offices here many precious hours are often nst in
useless messages-ong walk binr l,tcrs-
copying quot deriSng) declarations pleas replica
tOus &c. generally The sole eoi kmanGhip the |
master of the office and very seldom that Of the
student confess hat ali this Is my mind extreme
Nv plain and has long ished of h popular and
serious which has placed young uen IN Offices
VIII re little either OF theoTy ofprscce is learnt This
surely - not always the casebu II il too often such
as'nany depending students have found and others
| have been compelled 10 confess, that they never |
learned much OF theory Of practice until atler heu
came 10 ~, bar but, at which tine az found very
| % hill and arduous work and sometimes not accom-
pished even through Whole life of toll Doubtless
there aIe many noble ptions to he correctness OF
these remarks but sill, aver il fact, that my
eI percnce has never made me acquainted With any
uo,ng Lasryer, who in candid conversation was not
wiling 20 confess that hIs legal education had been
very hap-bszard-and that practice, to any really val
liable and abdiag extent s the Last thing student
can ever hope Tor IN practising Iswycr's office.
After an extensive practice of seven and twenty
wears IN all Of the courts and de, Ia the int
rest Of c students, durnQ much Of that period may
not be much to say that practice be list
light ofin tins institution and that nothing but mechaui-
cal narroones Of legal education, unworthy IN en-
hgbtened awye LIQUID ever patronise the int
n,ation that,suchbn Inst u,i1n only adopted Tor
the incubation Of The science and not of the of our
profc, sion-au intimation confined doubtless, TO a
but htch sill IA ma f,is Il, tha