The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-11
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices ofth UniseI-
i siiy Of Maryland established in the city OF Bal
timore a Law School under the denomination OF the
Maryland Law Institute THIS establishment conf
nued IN successful operation nearly eleven years nav
ing received students from oeusa oil the oa'es anu
from Two foreign countries. Owing TO the pressure
of an extensive practice simultaneously with the du-
Ties which the Instuon involved, resolved, IN the
year 1886 to abandon not ally the practice OF my ever
and long cherished profession, but also the Law inst
tule and for health and ease sought the more GENIAL
climates OF Europe Finding al this time, my health
perfectly restored and with abatement whatever
Of my zeal and devotion that great science, which
in this country OF all others, needs TO be mshodicay
aud carefully studied--and seeking, moreover INDUS
trious and continued occupation, essential TO hspp-
ness in land that knows oilers resoIs ed 10 re-esta-
bsh the Law lnstiiuiion-and have selected i'hita
depha he place OF its location. In so dong have
thought that city In the Union affords such various
and ample inducements for all the purposes of the
Law Sutherland that in can more worthy
economy be preserved, and yet with every requisite
comfoH
The frequent app ications made TO from dis
lance the former OCCASION in regard the pariic
ulars Of my enterprise, induce me to anticipate similar
| inquiries now--and to meet all such in advance,
now address this Circular all that offer IN
explanation and, probably, as all that may be requ
site.
| The Institution dedicated alone to law studies,
and their cognate and auxiliary topics, Is spacious
and beautiful building, N. III South Fifth street,
suitable Tor the accommodation OF ABOUT sixty stu
dents. The rooms are all suitably mlshed, supplied
| with extensive law and miscellaneous library
with precedeMs Of practice in every conceivable and APP
| proved brm Students admitted at any time
| Throughout The year-courses of study, and the
qusite books supplied, exactly to neet the
wants and views of The student according he may
design 10 practice his profession elher 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 theory--but the
md nj UplI nf
is fully AVOIDED allude the too
ton that law students to be made mechanical
a'tisars-mere attorneys learning pracee by rote and
jealous of book-knoioledge as being too theoretical
This miscbievous must inevitably degrade the
science and profession, and is gross mistake since
practising attorney a good and lasting one,
who was not also deeply versed in the and
theory of the law. therefore cannot acquesce in,
and never will yield to, the vulgar of putting
practice before and above theoryii is unnatural
Inversion of the established order Of naure-an igno-
rant and slovenly way of urging young TO at
tempts 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 we'll known.
But the error, to which | earnestly allude, is
ou ided upon another which is equally false and
row, vzthat students learn the practice only in
practising la,cyers office On the cOntr,ry, gen
eral rule it is The very last place in which he ever
does learn the pracice-and this can be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and sr t,no
disco onnes The theory or law point says TO the
student if lends his watch and sells it, or re-
fuses TO return it, A may bring what is called
ton Of Trover and Conversion Now
hnding and conversion means apprn prating II TO his
own use; and here, again, the student learns two
other theoretical law poIns-vlz that the finding is
verbal fiction not at all material or 10 be
propsd-and secondly, that the conversion by the de-
endant to his opn consists in the withhold
ing the properly from the plaintiff, although it should
be ever SO clearly proved that he in way used the
property for himself for any purpose whatever but
to withhold 1t from the plaintiff.
Now all this theory must be learnt and good
deal more, before the practice comesand that practice,
on the plaintiffs part consists OF thorough knowledge
of the forms precsdenand the defendants part
ofthe like knowledge to the formula Of the pleas
rejoinders &c There are, therefore, books Of prece
dents these books unfold every practical proceeding
| whatever, in every action known to the Iaw-pro
gessvey from the importation Of the rrit to the final
| return upon The ereeution These Jormlii9 of wris
| returns 10 s-ball-impaIlances
| ACKNOWLEDGEMENTS of juries -riai-eI-
| cepuons-yerdct- Observation-Disclosures Of
! eXecution-or, on the other hand, trial-or APP
peal, sc, &c.-ore all set forth in the !pyeeed
that, he whe knows most of prseedeHt, knows most
of practice but stlI, these precedents cannot them
selves be understood, without a previous theoretical
know ledge. The question: then resolves itself this
Cannot a law student be well grounded in all the
pecedents, idio sensu, who saw or actlsing
| lawyers office And why not On the contrary
cannot he learn far more of practice by the JUDI
cious and careful study of all the formula (which he
never does in practising lawyers olice) than by
writing, rather copying, those simple and OCCASION
al declarations pleas &c, which The ofan office
assigns to the sludent} l. it uniformly the
that all really difficult and responsible business Of this
sor, is done by the master himself without reach.
ing The eye Of the suden-or, II does only me-
chaniceliy copy III Again: Who can distinguish be.
tween real suit in court, and fictitious in which
one student prepares the wrt-another the return
another he declaration some other the pea, NC
until all the practical proceedings gone through
And hat prevents these students making record OF
the whole, and then comparing all with a rtiijed
cord fiom some court of justice m like action All
this surely may be done a Law Insnuton--and far
tter-more quietly with time thu in bust.
nes Offices where many precious hours often lost ia
useless messages-long walks-ttanscr bling letters
copying mot depising) declaI atoms, pleas, replica
tons, &c. so generally the sole workmanship OF the
master Of the office, and very seldom that of the
student ] confess that all this l. 10 my mind extreme
ly plain and has long isfed Of the popular and
serious error which has placed young men IN offices,
where little either ofheoTy ofpraoGSe is learnt This
surely IL always the case-but it is too often such
sstmnny d<rpondng students have found and Others
have been compelled TO confess that they never
learned much of theory Of practice until after they
came 10 ths bsr but, at which time It found very
40 hill and arduous work, and sometimes not accom-
pished even through whole life Of toll Doubtless
there are many noble exceptions The correctness of
these remarks bot STILL | aver 1t az a fact that my
experience has never made me acquainted with any
vo,ing Laryer who, in candid conversation was not
willing 20 confess that his legal education had been
very hap-hhzard-and tina, practice, to any really val
liable and abiding extent, Is the last thing student
can ever hope for IN practising lawyers flee.
| After IN extensive practice Of seven and twenty
years. IN al the courts and devotion to the inie-
rests of lar students during much of that period IL may
not be much to say that practice be lost
iph ofin this Institution and that nothing but hani
cal narro,cnes Of legal education, unworthy e en-
Iirh,ened lawyer could ever potronse the init
nation tina, such Institution only adopted Tor
the incubation Of the seisnss and not Of the at Of our