The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-25
e,RctJi.AR 30 STUDENTS on Law
IN THE UNITED STATES,

TN the wear 1924 under the auspices ofthe Unisea-
sily OF Maryland established IN the Guy Oh pat
tmore Law School, under Tho denom'nauo" OF 'ne
MARYLAND Law Institute This establishment eoDsi-
pued la successful operation nearly eesen years nav
na received students from eiece. OF the States ana
from Two foreign countries. OWING 70 tuo pressure
of an extensive practice, simultaneously WIN 'ne uu
ties which the Institution involved, resolved, IA the
year 1886 abandon not liy the practice OF my ever
and long cherished profession but also the Law ins
tute aud for health and ease, sought the more genial
climates Of Europe. Finding al this tine, my heaI'h
perfectly restored and with Il abatement whatever
Of my zeal and devotion to that great science which,
in this country of all others, needs to be msthodeay
and carefully studed-snd seeking moreover, INDUS
trous and continued occupation, essential to happi-
ness 10 land that knows oilers reso cd 10 e-esta-
bIish the Law lnstitution-and have selected Phiia-
deiphia as the place of its location IN doing have
thought that city in 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 appicalions made TO me from dis
lance, the former occasion, In regard TO the pare
lars of my enterprise, induce to anticipate similar
inquiries now-aBd, 10 meet all such Ia advance,
pow address this Circular all that | offer in
explanation, and probably, as all that may be requl-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics Is spacious
and beautiful building, NJ. 1T South Fifth street,
suitable for the accommodation of about sixty stu
dents. The rooms all suitably fum shed, supplied
with an extensive law and miscellaneous library
,o precedent Of practice in every conceivable and APP
proved form. students are admitted at any time
throughout he year--courses OF study, and the
quiste books are supplied, exactly TO heet the
wants and views of The student, according as he may
design practice his profession either in the country
in of the maritime cities. The laws of every
State 10 the Union in some degree dwelt upan--
practice is constantly blended with hsory---bnt the
deep and radical OF parents well Of Students
is carefully AVOIDED allude to the too
ton that law students 10 be made mechanical
artsansmere attorneys learning practice by ro,e and
jealous OF book knowledge, being too theoretical =
/ his mschievous error must inevitably degrade the
science and profession, and Is gross mistake, since
no practising attorney was good and lasting one,
who 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--t is an unnatural
Inversion of the established order of nalurean igno
rant and soveny way Of urging young to at
temp's 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, vztha students learn the practice only in
practising lawyers office! On the conI.Ty as gen
ea rule, it is he very last place in which he ever
does, or can learn the prac,iceand This be made
extremely manifest What is practice distinguish
| ed from theory? Take a single exampIe-and tr
disce onnss. The theory, or law point says TO the
student II lends b his watch, and b sells IT,
fuses to return it, A may bring what is called
ton Of Trover and Conversion. Now trorer means
binding, and conversion means approprating II TO his
use and here, again, the student learns two
other theoretical la" ponis-vIZ. that the find ng Is
verbal fiction, not at all material TO be
prored-and secondly, that the conversion by the de-,
ftndant to his oion consists IN The WITHHOLD
ing the properly from the plaintiff alhoug should
be ever so clearly proved that he in way the
property for himself 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 comes-and that practice
the plaintiffs part consists Of thorough know ledge
of he forms prectdens-and On the defendants part
OF the like knowledge to the formula of the pleas
rejonders, &c. There are therefore books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro.
gressivey from the importation of the rit TO the final
return upon the ereetaion These Jormui9 of writs
returns TO neutrality-suspicious.
-coDtnuances-mpaDnelli of JuTies -ria-eI-
ceptions-verdIct- Judgment cIecudon-retur of
executon-or, on the other hand, trial-or APP
peal, &c, &c-are all set forth in the fp,eeed ns SO
that, be who knows most of preoedsHts, knows most
of practice but STILL these precedents cannot them
selves be unde rstood, without previous theoretical
know ledge The question, then reso yes itself into this
Cannot law student be well grounded in all the
precedents iaio sensu, who never saw a pr aoising
lawyers oticel Add why not On the contrary
cannot be learn far more OF practice by the iud-
cous and careful study Of all the formula (which he
never does IN practising lawyers office) than by
writing, rather copying, those simple and OCCASION
al declarations, pleas &c, which the of office
assigns 10 the student l. not unfrmly the case
that all really difficult and responsible business Of this
sort is done by the master himself without ever reach
ing the eye Of the sludebt-or " does only 10 me
chanically copy IL Again: Who can distinguish be-
tween real suiln court. and fictitious one in which
| one student prepares the wIt-another the return
| another he declaration some other the pea, &c
until oil the practical proceedings are gone through
And hat prevents these students making record Of
| the whole and then comparing all with certified re-
cord Fl ON some court of justice in a like action All
this surely may be done Law Northumberland IA r
ter-more quiet and with time, than in bus
ness offices where many precious hours often lost In
| useless messages-ong ~alks-lfanscr bing letters
oop,irg mot derising) decaI atoms, pleas, replica.
tons sc SO generally the sole workmanship o. the
master of The office and very seldom that Of the
student confess that all this j. 10 my mind extreme
y plain and has long lshed me of the popular and
serious error which has placed young men IN Offices
where little either oftheory or practice is learnt This
surely Il not always the case-but IL too often such
asmany depending students have found and as Others
have been compelled TO confess that they never
learned much Of theory Of practice until after they
came 10 hs bar but, at which time il found very
up- bill and arduous work, and sometimes accom-
pi,sbed even Though a whole life Of toll Doubtless
there are many noble exceptions the correctness Of
these remarks but still, aver It fact that my
| experience has never made me acquainted with any
young la,cyer who in candid conversation was not
willing 20 confess that his legal education had been
very hap-hszardand that practice, TO any really val
liable and abiding extent. ~ the last thing a student
cal ever hope for practising lawyers ohcc
! After an extensive practice Of seven and twenty
wears in all the courts, and devotion TO the int
rests Of iao students, dunng much of that period may
no, be too much say that practice never be lost
Ugh, ofn this institution and that nothing but mechani-
cal narrocnev Of legal education unworthy &C an en-
nation that such Institution only adopted for
the incubation 9th science and not of the ai Of our
profes sion-an intimat,on confined, doubtless, to
very few but which, still, Is one fatal TO the int