The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-11
I. CIRCULAR TO srypsxrs or Law
IN THE UNITED STATES.

!
TN the year le24 under the auspices ofthe unisei-
Il SHY OF Maryland ! established m The cry Oh par
timore Law School, under the Denomination oil 'ns
MARYLAND Law institute. This establishments eo"'i
uued In successful operation nearly eleven years nav
ing reeev, s. udents from esre. OF the States, ana
/ from Two foreign countries. Owing TO the pressure
of an extensive practice, simultaneously WIN 'he nu-
ties which the Institution involved resolved IN tue
wear 1886 10 abandon y the practice OF my ever
ana long cherished profession, bat also The La" insi
tute and for he ith AMI ease, sought the more GENIAL
climates Of EuroIs. Finding, at this u'ne, my hsa"u
pc rfectly restored and with statement whatever
OF my zeal and devotion TO that grea. seience which
Ia this country of all others needs to be mefhoaeaaiy
and carefully sudisdand seeking, moreover, indus
tous and continued occupation, SO essential 10 haPp-
in land that knows iders reso ed to Ie-esis-
| blish the Law lnstuon-and have selected f'hiiG-
dsphia The place of It's location. In 50 doiag have
thought that city 10 the Union affords such various
and ample Inducements for all the purposes OF Tue
Law Sutherland that IN none can more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent applications made to from dis
lance the former OCCASION ia regard to the p1iie-
lays of enterprise Induce mo 10 anticipate similar
| inquiries Dow-aDd, 30 meet all such IN advance
now address this Circular, all that can offer 10
explanation, and, probably as all that may be requ'-
| site.
| The Institution, dedicated alone TO law studies,
and their cognale and auxiliary topics is spacious
and beautiful building NJ. III South Fifth street,
| suitable for the accommodation of about sixty stu
dents. The looms all suitably uIn she'd supplied
| with extensive law and miscellaneous library
h preeedenis u practice IN every conceivable and a
1 proved firp. Sludens are admitted at any time
throughout The yeaf--eourses OF study, and the re-
quiste books supplied SO exactly 10 .neei the
wants and Of The student, according he may
design practice his profession ehet IN the country
| or in some of the maritime cities. The laws of every
State in the Union In some degree dwelt upOn--
practice is constantly blended with thecry-but the
deep and radical of pnens well of students
is carefully AVOIDED allude TO the too
ton that law students be made mechanical
artisans attorneys learning practice by roie and
jealous OF bookknoiciedgs, being too theoretica-
This mschievons error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney good and lastrg ne,
who was not also deeply versed in the and
theory of the law. therefore cannot acquiesce in,
and never will Yield 10, the vulgar error Of puttinr
practice before and above theory-il is unnatural
Inversion Of the established order nalure-an gno-
rant and slovenly way of urging young at
temps far beyond the powers Of the human mind
for, If he grounds and OF the science be not
| well know H. the practice cannot be well known.
But the error, TO which ! earnestly aiude is
fou nded upoh another, which equally false and
row, yz.hat students learn the practice only in
practising ncyer's office! Onihe cJnT,rv, gen
erat role, 1t is he Very last place in which he
does, can learn the praclice-and this be made
| extremely manifest. w hat is practice distinguish
ed from theory? Take single exemple-and tr ino
disco onnes. The Eeory or law point says to the
siuCent, If lends b bis watch aud B sells IT.
fuses to return it, may bring what is called
| ton of ITDver and Conversion. Nos frorer means
binding, and CONFESSION means appruprating IL 10 his
| own use; and here, again, the student leaTns two
other he0retcdi law pons-vlz. that abe ind ng is
now verbal fiction, not at oil material or to be
proved-and secondly that the conversion 10y the de-,
iendant to his ocn consists IN the WITHHOLD
ing The properly from the plaintiff allhough shouts
be ever so clearly proved that be in way The
property for himself, for any purpose whatever bot
| TO withhold 1t from the plaintiff.
Now all this theory must be learnt and q good
deal more, before practice comesand that Practice
the Plaintiff part con, lists Of thorough know ledge
OF he forms preeedents-and the defendants part
! ofthe like knowledge as TO the formula of the pleas
rejoinders &c There are, therefore books Of preee-
denis these books unfold every practical proceeding
! whatever, In every action known 10 the iaw--pro.
gressive'y from The importation of the Urii the final
| return upon the ereeaion These formula of arts
returns 10 wris-appearar ces-baI.-inp ailances
| -contlnuances-lmpannell of joties -irisl-cx-
| ceptlons-verdet-J NEUTRALITY-SUSPICIOUS. Of
exeeutIOn-oT on the other hand, trial--or ap-
peal &c, &c.-are all set forth in the Tpreeed, MS so
that be who knows most of precedeHtS, knows most
| Of prGoee bot STILL these precedents cannot them.
selves be understood, without previous theoretical
know ledge. The question: then resolves into this
Cannot a law student be well grounded in all the
pecedents, laio sensu, who never saw a pr actlsing
! lawyers office And why not On the contrary
cannot be learn far more OF practice by the iui-
cious and careful study Of all the formula (which he
never does ia practising lawyers ofiice) than by
writing, rather copying, lho-e simple and occ sion.
al deciaratons pleas &c. which the master Office
assigns T. the sIudentl IL not uniformly the case
that all really difficult and responsible business Of this
sort Is done by the master himself without reach
ing the eye OF the siudent-or If 1t does, only
! chanicaly copy IT. Again: Who can distinguish be.
tween real suit in court and fictitious one In which
one student prepares the writ-another the return
another he declaration some other the pea, &c
until all the practical proceedings are gene through
And hat prevents these students max ing record Of
the whole and then comparing all with certified re-
cord Fl om court of justice in like action An
this surely may be done IN Law lnslItuton-and far
b iter-more quiet and with more time tina n in buzz.
Offices where many precious hours often lost ia
useless ge--ong Nalks-iia nscT hinp letters
copying (nol devising) declarations pleas replica.
tons &c 30 generally the sole work msnship o. the
master Of the Office and very seldom that Of the
student confess hat all this 10 NY mind enlrene-
ly plain end has NC sa isied me of ,ha po7,lar and
serious which has placed young men IN Offices.
where Little either oftheory practice is learnt This
surely not always the case-but Il is too often such
asmany depending students have found and as others
have been compelled TO coniess, that they never
learned much Of theory of practice until ajler heu
came 10 tbs Bar but, at which time 1t wac found very
uphill and arduous work. and sometimes not accom-
piished even though whole life Of toll Doubles
there many noble exceptions 10 the correctness OF
these remarks bot sur aver u as TACT, that my
| experience has never made me acquainted With any
young Lneyer, who in candid conversation, was not
wiling % confess that his legal education had been
very hap-hazard-and that practice TO any really val
liable and abiding extent the last thing student
can ever bore Tor IN practising lawyers office.
After an extensive practice Of seven and twenty
years in all ofthe courts, and devotion To the i'ie-
rests ofLac students, during much that period It NAV
not be much say that practice never be lost
ght oin this institution and that nothing but sehani-
cal Of legal education, unworthy &C an en-
hghtened lawyer, could ever pairooise the init
nation that such lnst utinn was only adopted Gor
the incubation Of the seo and not Of the arf of our
! profession-an ntmation confined doubtless 10
very few bat which sIi is fatal TO the ine-
rests OF law students, and so captivating 10 unin-