The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-01
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

IN THE UNITED STATES
TN the year 1874 under the auspices ofths Upvsr-
sy Of Maryland, established in The city vi Bal
tin0ss l4aw School, under The denomination 0f Me
Maryland Law Institute This establishment c0n,i-
nued In successful operation nearly eleven years. hsv-
ing received students from elerex Of the States and
from two foreign countries. Owing TO the pressure
OF an extensive practice simultaneously with the du
lies which the instuton involved, resolved, ia the
year 1856 ~ sbandon not ally the practice Of my
and long cherished sofsssion but also the Law losi
tute and for health ssd ease sought the more genial
climates Ut Europe. Finding al this Time, my health
perfectly restored, and with abatement whatever
OF my zeal and devotion that great science. which,
In tbIs country Of all others, needs be sstkedcsly
aud Carefully audied-and seeking, moreover, indus
rou: and continued occupation 80 essential to hspp-
ness In land that knows e rosoIs ID to reesla-
bllsh the Law lnstIution-and have selected PAila-
detpAia the place of its location IN 20 doing have
thought that no city in the Union affords such various
and ample Inducements for all the psrposes Of the
Law 6iuJcnt-and that Ia none can Z more worthy
| comfort.
The frequent applications made 10 me from dis
lance on the former OCCASION regard the parfic
uia,s of my enterprise induce me 10 anticipate similar
inquiries now--and, 10 meet all such in advance,
now address this Circular all that can offer in
explanation and, probably all that may be requi-
site.
The Institution dedicated alone to law studies,
I
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The rooms all suitably furnished, supplied
with an extensive law and miscellaneous library
c'h Preesdem o. practice in every conceivable and APP
proved forD. StudeDs admitted at any time
throughout the year--courses of study, and the re-
quise books supplied, a. exactly to nset the
wants and views Of the student according az he may
design 10 practice his profession eher in the country
or in come Of the maritime cities The laws Of every
nY0 m I'M sIeUra Ivua
practice is constantly blended with hecry-but the
deep and radical error Of parenfs well as of students
is carefully avoded-I audc TO the too erroneous no.
ton thatiaw students are TO be made mechanical
artsdns-mere attorneys learning practice by roie and
jealous of book kssoOiedge, being too theoretical -
This mischievous must inevitably degrade the
science and profession and is gross mistake, since
no practising attorney was ever good and lasting one
theory Of the law. | therefore cannot acq uiesce in
and never will yield to, the vulgar error Of putting
practice before and above theory-i is an unnatural
i,rers'on Of the established order Of naure-an igno
rant and slovenIy way Of urging young on at
tempts far beyond the powers of the human n ind
for if Tho grounds and of the science be moi
well known, the practice cannot be well known.
But the error, to which SO earnestly allude, is
founded upoh another which is equally false aud mar
row. vz-that students can learn the practice only 10
practising Iaoyers office! On the CONTRARY, as gen.
era rule, rs The very last place in which he ever
does or can learn the praciiceand this col be made
extremely manifest What is practice as distinguish
Cd from theory? Take single exampIe-and e. uno
dssoe oanss The theory, or a law point says TO the
STUDENT if A lends B his watch and sells it. or re-
fuses to return H. may bring what is called an ac-
ton of Trover and Conversion. Now frorer means
finding, and conversions means apprcpriating il TO his
own use ana here again, the student learns two
other theoretical law poin,s-vz. that the finding il
now mere verbal fiction, not all material or to be
prored-and secondly, that the conversion by the de-
fendan to his oton consists in the WITHHOLD
IN the property from the plaintiff although il should
be ever clearly proved that he in no way usea the
properly NJ. h;-s-e nr for apy purpo.e whatever but
to withhold II from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice that Practice
on the PLAINTIFF psr consists Of thorough know
Of The forms precedentsand the defendants part
ofthe like knowledge to the formula Of the pleas,
re)oinders &C. There are therefore, books Of prece-
des; these books unfold every practical proceeding
whatever in every action known to tho iaw--pro.
grossvcly from the importation Of the scyifto the
return upon the execution. TAsss ts.-s4J. Of ~~r.
returns 10 wriis-appearnp Observation-Disclosures |
-continuances-impanne of juries -lral-ex- |
cepiions--verdct- judgmcnt--exsc ulion-return Of
execution-or, on The other hand triaI-or op- |
peal &c, &c.-are all set forth the precedets so
that, be who knows most of precedents knows most
of practice but still, these presidents canno, them
selves be understood without previous theoretical
know ledge. The question: then resolves itself into ths
Cannot law student be well grounded in all the
pecedents. lao sersu, who never saw DIT actisinp
LAWYER. office AID whv no, \ n, M r.,.s
cannot he learn f.r mo,s ~ n,.cc. hv ~
c;os and careful s,nJv ~ Al, Tx .ta J'u
nsvc, dacs IN = nrsc,,s;n, i.ws.',. az. "uon NC
,.,;,,no q, ra,hs, .on,srge ,h,' .;Ly. nan W
:, 49,. t,ons nie,. r. 1h;ch ~ 49,.
....n. 70 The .,,,dsns1 4. !; no, .,";S. =. ',noe
Thai ali really dcuIt and yes.n.iSe h".;ns.. o
sort 10 done by the master himself without ever reach
ing the eye Of tho studentor, if j, docs only TO me-
chancaly copy in Again: Who can distinguish be
tween real suit in court and fictitious ono ia which
one student prepares the wrt-another the return
another The 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 of justice in like action AMI
this surely may be done in Law Ins,ilution-and far
be,,e-more quetl, -and with more time than in busi.