The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-24
4 CIRCULAR TO STUDENTS OF Law
In THE UNITED STATES.

I'm The wear 1924 under the auspices of the Unlver-
/ sity Of Maryland established In the cry oil Bal
timore Law School, under The denomination oil 'no
MARYLAND Law institute This establishment CONT
nued in successful operation nearly eleven years, has
ing received students from eleven oil the states, anu
from two foreign countries. owing 70 'hv pressure
of an extensive practice simultaneously WIN 'ne uu-
ties which the Institution Involved resolved IN Tue
wear 1886 to abandon not ally the practice OF my ever
and long cherished profession, but also inc La" ins'
ue and, for health and ease, sought the more sena
climates Of Europe. Finding, a, tins time, my heaiih
perfectly restored, and with II no abatement whatever
of my zeal and devotion TO that great science which
in this country of all Others needs 10 be mel.odeai'y
and carefully Sunderland seeking, moreover, indus-
trious and continued occupation essential 10 haP-
in land that knows oilers resolved to e-esia-
bsh the Law lnstiiulion-and have selected f,htia'
depha The place of its location. In 80 Soig 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 II 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 parfs-
uiar of my enterprise, induce me TO anticipate similar
inqu 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 requl-
site
The Institution, dedicated alone to law studies,
and their cognato and auxiliary topics, a spacious
and beautiful building, NJ III South Fifth street,
suitable for the accommodation Of about sixty stu
dents. The all suitably furn she'd supplied
| with an extensive law and miscellaneous library
rih preeedens Of practice in every conceivable and APP
| proved form. students admitted at any time
ihroughou the year-courses OF study and the Ie-
qusiie books are supplied, as exactly to meet the
wants and views of the student according he may
design 10 practice his profession, either IN the country
in Of the maritime cities The laws OF every
State in the Union in some degree dwelt upon--
practice is constantly blended with theOry-but the
deep and radical error OF parents, as well as of students
is carefully AVOIDED alludc to the too
ton that law students TO be made mechanical
artisans attorneys learning practice by roe and
Jealous of book knowledge, being too theoretical =
This schievous error must inevitably degrade the
science and profession, and Is gross mistake, since
practising attorney good and lasting one
who not also deeply veIsed in the reasons and
| theory Of the law. | therefore cannot acquiesce in
and never will yield TO- the vulgar error of putting
practice before and above theory-it is unnatural
inrersion Of the established order of igno
| rant and sloveny way of urging young men 10 at
| tempts far beyond the powers of the human mind
for the grounds and of the science be not
well known, the practice cannot be well known.
| But the error, to which | earnestly aliude, is
founded upoh another, which is equally false and mar
row. viz--tha students learn the practice only in
practising lawyers office! On the cJntIry, a gen
era rule, II is he very last place in which he ever
does or can learn the praclice-and this be made
extremely manifest. What is practice distinguish
| ed from theory? Take a single exampe-and er ttno
disco ou,nes. The theory law point says TO the
student If A lends his watch and sells it, or re-
fuses 10 return it, A may bring what is called ac-
ton of Tr0ver and Conversion. Now iroper means
binding, and conversion means appropriating il to his
| own use and here again, the student learns two
other theoretical law poln,s-viz. that the finding is
now mere verbal fiction not at all material, 10 be
prorsd-and secondly, that the conversion by the de-
PENDANT to his consists in the mere WITHHOLD
ing the property from the plaintiff although ii should
be clearly proved that he in way USED the
property for himself or for any purpose whatever but
| TO withhold il from the plaintiff
| Now all this theory must be learnt and good
deal more before practice comes-and that practice
on the plaintiffs part of a thorough knowledge
of he forms rprfctdents-and, 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
gressively from the importation of the ,cr to the nal
return upon the ereetion. These formula of writs
returns 10 wrIts-appearaDc neutrality-suspicious.
-contnuances-impannei of junes -lrial-e1-
ceptions--veTdlct- Observation-Disclosures of
execution-or, on The other hand, trial-or ap-
peal sc, &c.-are all set forth in the fpreced MS so
that he who knows most of precedeHt, knows most
of practice but still, these presidents them
selves be understood without previous theoretical
knowledge. The question then resolves Itself into this
Cannot a law student be well grounded in all the
precedents iato serlsl, who never a practising
LAWYER, Office And why not On the contrary, /
cannot be learn far more OF practice by the Judi
cOus and Careful study OF all the formula (WHICH he
never does in practising lawyers office than by
writing rather copying, iho.e simple and OCCASION
al declarations pleas, &c, which the Of office
assigns TO the sludent7 H. it not uniformly the case
that all really difficult and responsible business Of this
sort done by the master himself without reach
ing the eye Of the sudent-or " II does only 10 me-
cbanically copy IL Again Who distinguish be. |
tween real suit in court, and fictitious in which
one student prepares the wTIt-another the return
another the declaraton-s some other the pea, &c. |
until all the practical proceedings gone through
And what 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 be done IN Law lnstution--and far
b uer-more quietly-and with more time than in busr |
ness Offices where many precious hours ohen ost ia
useless messages-long walks-ttanscrlbing letters
oopving mot deviang) declarations pleas replica
tons &C. generally the sole work manship the
master of the Office and very seldom that Of the
student confess that all this is my mind extreme
ly plain and has long ished me of Tho popular and
serious which has placed young men in Offices,
where little either oftheory practice is learnt This
surely Is not always the case bot IL is too often such
as,many depending students have found and others
have been compelled 10 confess, that they never |
learned much Of theory or Of practice until qer they
came 10 ihs Bar but, at which time, found very
90 bin aud arduous work and sometimes not accom-
pished even through a whole life Of toll. Doubtless
there are many noble exceptions to The correctness OF
these remarks bot still, aver il fact, that my
| experience has never made me acquainted with any
| vo,.ne Larusr who IN candid Conversation was not
willing % oonicss that bis legal education had been
very hap-bazsrd-and that practice to any really val
liable and abiding extent ~ the last thing student
can ever hope Tor a proeiising lawyers office.
After an extensive practice Of seven and twenty
wear, IN all Of the courts and devotion TO the ini1-
rests Of au students, during much Of that period may
not be too much TO say that practice be los,
light ofin this institution Ind that nothing but eehani-
cal narrocnsp Of legal education, unworthy e an en-
rhtened lawyer, could ever pa,ronise the inti-
1t. Il -. 1
the Of the soiSnee and not of the Of our
profe.sion--an intimation confined, doubtless to a