The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-08
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES

IL silly OF Maryland, established ii TUG si'y VI ph-
tmore Law School under The denomination OF the
MARYLAND Law Institute. THIS establishment eon!l-
nued In successful operation nearly eleven years, nav
ing received students from eierea OF the States and
from Two foreign countries. Owing TO the pressure
of an ex ensve practice simultaneously with The du-
ties which the Institution involved, resolved, IN The
year 1886 abandon not iy the practice OF my ever
and long cherished profession but also the Law ins'
ue and for health and ease, sought the more genial
climates of Europe Finding al this tlne, my healih
perfectly restored and with II abatement whatever
Of my zeal and devotion that great science which,
in this country, OF all others, needs TO be meodeay
and carefully siuded-and seeking, moreover indus
rious and continued occupation essential TO hoPp-
IN land that knows iders reso, cd 10 e-esta-
bIish the Law lnstliution-and have selected Phtia-
deiphia as the place of It's location IN Soiag have
thought that city in the Union affords such various
and anple Inducements for all the purposts OF The
Law Sutherland that in can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app ications made TO me from dis
lance the former occasion, in regard To the paro-
uars 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
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 rooms are all suitably fum shed, supplied
with an extensive law and miscellaneous library
oih preeedns Of practice in every conceivable and APP
proved frm. Stud,n are admitted at any time
throughout the yeaI-courses Of study, and the
quse books are supplied, as exactly 10 acct the
wants and views of The student, according as he may
design 10 practice his profession, either IN the country,
or in Of the maritime cities. The laws Of every
State in the Union are in some degree dwelt upon
practice is constantly blended with heGry-but the
deep and radical OF parents well of students
is carefully AVOIDED allude TO the too
ton that law students TO be made mere mechanical
artisans attorneys learning practice by rote and
Jealous of book knowledge, being too theoretical -
This mschievous error must inevitably degrade the
science and profession, and Is gToss mistake, since
practising attorney Cd and lasting one,
who not also deeply veTsed in the and
theory Of the law. therefore cannot scquiesce in,
and never will yield to, the vulgar Of putting
practice before and above theory--i is an unnatural
inrersion of the established der of nalurean igDo
rant and sovenly way of urging young men on TO at
tempts far beyond the powers of the human mind
for If the 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, viz.that students learn the practice only in
practising a,cyers office, On the conr.ry as gen
eral rule, is The very last place in which he
does, can learn the pracilce-and this be made
extremely manifest. hat is practice distinguish
ed from theory? Take a single example and uao
disco onlnes. The theory or law point says TO the
ID IL,
fuses to return ii, A may bring what is called
ton Of Trover and Conversion. Now rorer
bnding, and CONVERSION means prprialing II TO his
own use; and here again, the student learns two
other theoretical law poinis-vz. that the find ng Is
a verbal fiction not at all material or to be-
propsd-and secondly, that the conversion by the de-
ndant to his oion consists in the mere WITHHOLD
ing the properly from the plaintiff although it should
be ever so clearly proved that he IN way used the
property for himself OF for any purpose whatever, but
10 withhold II from the plaintiff.
Now all this theory must be learn, and a good
deal more before the practice comesand that practice
on the plaintiffs par con lists of thorough know ledge
of he forms or precdeas-and, the defendants part
ofthe like knowledge as to the tornul9 of the pleas
reoinders &c. There are therefore books of p,eee-
dents these books unfold every practical proceeding
whatever, in every action known to the Iaw-pro
gressively from the Importation of the writ to the final
return upon The erectaion. These tormuiG of wris
returns 10 writs-appearar ces-bail-Imp aI lances
continue nces-Impannelin of juTies -tral-eI-
ceplions-verdict-j Observation-Disclosures of
eXecuiion-or, on the other hand new trial-or APP
peal SC, &c.-are all set forth in the fpeeed MS
that he who knows most of preeedeat, knows most
of practice but still, these presidents cannot them
selves be understood, without previous theoretical
know ledge. The question, then resolves itself into tn
Cannot a law student be well GROUNDED 10 all the
precedents, Iafo sensu, who a pr actising
lawyers Office And why not 7 On the contrary,
cannot he learn far more of practice by the jude
cious and careful study of all the formuia (which he
never does In practising lawyer oflice) than by
writing, OF rather copying those simple and occasion
al dec antons pleas, &c, which The master Of Office
assigns to the sudent} ls IL uniformly the case
that all really difficult and responsible business Of this
,on done by the master himself without reach
ing the eye Of the sudent-or # it does only TO me
chanically copy 1t Again: Who can distinguish be.
tween q real suit in court, and fictitious one in which
one student prepares the writ-anothcr 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 certified re-
cord ON some court of Justice in like action All
this surely may be done a Law lnstItution-and far
b. tter-more quetli -and with more time than in busi
Offices where many precious hours often lost il
| useless messages-'ong ~aiks-tIanscr blng letters
copying mot derising) declarations pleas replica
tons, &c. generally the sole workmanship o. the
master of the office, and very seldom that Of the
student confess that all this to my mind extreme
ly plain and has long ga shed me of the popular and
serious error which has placed young IN Offices
where little either oftheory practice is earnt This
surely s not always the case-bu It is too often such
asimany deponding students have found and othefs
have been compelled 10 confess, that they never
learned much oftheory Of practice until after they
oaut, 10 he bar but which time II " A. found very
up hill aud aIJuOus work, and sometimes not accom-
pishcd even thu, ugh whole life of toll Doubtless
there are many noble exceptions TO he correctness Of
these remarks but STILL aver 1t az fact, that my
experience has never made acquainted with any
uo,ing la,oyer who, in candid conversation was not
wiling 20 confess that his legal education had been
very hap-hazardand hat practice, to any really val
liable and abiding extent IS the last thing student
can ever hope for N practising lawyers flee.
After an extensive practice of and twenty
wears in all of the courts and devotion 10 the int
rests Of lac students, during much Of that period It may
not be much To say that practice be lost
ight ofin this Institution and that nothing but rechan-
cal narrocnes Of legal edueaiicp, unworthy # an en-
Ii ihened lawyer could ever patroDise the init
4. l.. q l.
the medication ofhe scnee and not of the arr of our
professon-an iutmaton confined, doubtless to A