The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-03
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN the year 1924 under the au.pics. Oft Uniye,-
i atty Of Maryland established In the city OF Bal
timore Law School, under the denomnat'o" VI tue
| Maryland Law Institute This eelab''shnsh' ev"'
nued in successful operation nearly eleven yrAfs has
inv recsiv. students from esren OF the States, and
from two foreign countries. O~iag To The pressure
OF an extensive practice, simultaneously w'h The du-
lies which the Insiitution Involved tesolseJ IN the
year 1886 To abandon not y The practice Of my ever
aud long cherished profession, but also the Law in.i
lute and for health and ease, sought the more gems.
climates Of Europe. Finding. al this Tune, my health
perfectly II stored aud with II no abatement whatever
Of my zeal and devotion 10 that great science which,
in this county, OF all Others needs TO he ssihodeay
and carefully studied-and seeking, moreover indus
t,ous and continued occupa,irn, % essential To hspp-
ness Ia land that knows oilers reso ed To e-esta
bl,sh the Law lnstiuion-alid have selected Phiia-
deihia The place of It's location. IN doing have
thought that no city 10 the Union affords such various
and ample Inducements for all the purposes OF the
| Law SuJen,-and that in can worthy
economy be preserved, and yet with every requisite
comfort.
| The frequent applications made TO from dis
lance The former OCCASION in regard TO the payc-
ui1s of my enterprise induce to anticipate similar
inquiries now-and, 10 meet all such IN advance,
now address this Circular, as all that offer in
explanation and, probably y all that may be requi-
| site.
| The Institution, dedicated alone TO law studies.
and their cognaie and auxiliary topics, spacious
and beautiful bu ldIng, N III South Fifth street
suitiblc for the accommodation of about sixty stu.
dents. The all suitably fun she'd supplied
with an extensive law and miscellaneous library
sciN preceden Of practice in every conceivable and APP
| proved f,rn. Studtns are admitted at any time
throughout the year-courses Of study, and The re-
qusite books are supplied, a exactly to h.et the
| wants and views Of the student according 40 he may
design To practice his profession either 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 Meo,y--but the
deep and radical error ofpments, we'll Of students
Is carefully avoided-l allude to the too
ton that law students be made mere mechanical
ariisans-mere attorneys learning practice by roe and
jealous OF book knowleoge, being too theoretical =
This miscbievous 'rror must inevitably degrade the
science and profession, aud is gross mistake, since
practising Attorney was g, OF and lasting ne
who was not also deeply versed in the reasons and
theory Of the law. ! therefore cannot acquiesce n
and never will yield TO, the vulgar error Of putting
practice before and above theory--it is unnatural
inrersion Of the established order Of naiurean igno
rant and sloveny way Of urging young men on 10 at
teDp,s far beyond the powers of the human II ind
for # The grounds and of the science be not
well known, the practice cinnot be well known.
But the error, to which earnestly allude, is
founded npo' another, which is equally false and mar
row, vz.-that students learn the practice only in
practising laryer's office! On the c,nir.ry, as a gen
era rule, is the very last place in which he ever
does or can learn the praclice-and this be made
extremely manifest What is practice as distinguish
ed from theory? Take single example-and tr
disco onanes. The theory or law point says 10 the
student, if A lends his watch and sells it, or re-
fuses to return il, A may bring what is called
ton Of Troyer and Conversion. Now trorer
hnding, and conversion means appropriaing II to his
own use; and here, again, the student leans two
other theoretical law pon,s-viz. that the find ng is
now mere verbal fiction, not al all material, TO be
prOrsd-and secondly that the conversion by the de-
PENDANT TO his consists in the mere WITHHOLD
ing The properly from the plaintiff, although 1t should
.on oil. la ut.h.t he.
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 that practice
on the plaintiffs pari con, lists Of thorough know ledge
ofihe torrs rprsctdens-and the defendant pari
ofthe like knowledge TO the formula of the pleas,
rejoinders &c There are, therefore books Of prsce-
dents these books unfold every practical proceeding
whatever, in every action known to the law--pro
gress,ey from The importation Of the mrifo the final
return upon The erecution These tormut6 of wrts
returns 10 wr,is-sppearar -hail--inp arIsDces
-contInuances-impdnnellIn of juries -trial-ex-
ceplicns--v erJict- Judgment of
execution--or on the other hand, irial--or APP
peal, &c, &c.-hre all st forth in The fPreced MS
that, he who knows most OF preeedehfs, knows most
of practice but stfl these precedenls them
selves he understood, without previous theoretical
knowledge. The question then, resolves Itself
Cannot a law student be well grounded in all the
precedents iao sefisu, who never saw a pr actisinr
lawyers office 2 AID why no, On the contrary,
cannot he learn far more OF practice by the JUDI
cious and careful study of all the torHuir (Which he
never does IN practising lawyers oflice) than by
whiting, OF rather copying, thoc simple and occasion
al dec aat oDs pleas &c, which he If office
assigns to the sludcntl L. not uniformly the c SC
that all really difficult and responsible bu-ness Of this
sort is done by the master himself without ever reach.
ing the eye Of the siuden-or f II does only me
| ally copy II AGAIN; Who diet ng uish be-
tween real suit in court, and fictitious one In which
one student prepares the wrt-anotber The return
anoaher the decleraiion- some other the ca, &c
until ali the prooiieai proceedings gone through
And What prevents these students making record OF
the whole, and then comparing all with a riified
cord tiom court Of justice in n like action All
this surely may be done a Law Ins ituton-and far
uer--moe quietly with time than in bu-i.
ne,s Offices WHERE many precious hours often los ia
useless nessagef-'ong waiks--ianscr bling lstiers-
copying (no, dersing) deciai niioos, pleas, replica.
tons &c. generally the sole workmanship 81 the
master OF he office, and very seldom that Of the
student confess hat all this my mind ertren e.
ly plain and has long ished me OF The popular and
serious which has placed young Offices,
where little either oftheory OF practice is learnt This
surely - not always the case but u is too often sue
aImsny dsspondng student. have found and others
| have been compelled TO coni.ss, that they never
learned much OF theory Of practice until aer fLe
eanf 10 The bar but, at which tine, II Wa found very
nm. hill and aIduous work, and sometimes accom-
p,shed even through whole lat. Of toll Doubtless
there arc many noble exceptions TO The correctness Of
these remarks but STILL aver II a. fact that my
experience has never made me acquainted with any
yo.ng LACQUER who, 10 candid conversation was not
wiling 20 confess that his legal education had been
very hap-hszard-apd that practice 10 any really val
liable and abd,ng extent, ,s the last thing student
can ever hope Tor IN practising lawyers office.
After AZ extensive practice Of seven and twenty
Wears IN all of the courts, and devotion TO the int
rests Of lar students, during much Of that period may
no, be much to say that practice he lost
sight ofn this institution and that nothing but neehan
col nnToonoa Of legal education, unworthy e an en-
hgbteoed lawyer, could ever pa,ronisc the init
nation that such Institution was only adopted for
srt,,,cr and nd of fhc a.