The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-07-05
A CIRCULAR TO STUDENTS OF LAW
In THE UNITED STATES.

TN the year 1924 under the auspices of the Univer-
l. siy of Maryland | established in the city OF Bal
timore a Law School, under the denomination of the
Mary land Law Institute. This establishment conf
nued In successful operation nearly eleven years, hav
ing received students from elere OF the States, and
from two foreign countries. Owing to the pressure
OF ensive practice, simultaneously with the du-
ties which the Institution involved resolved, in the
year 1886 To abandon not lily the practice OF my
and long cherished profession, but also the Law lnst
tute and for he' lth an ease sought the genial
climates OF Europe. Finding, at 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 nehodically
and carefully Sunderland seeking, moreover, indus
trious and continued occupaion essential to happi
in land that knows oilers resos ed to re-esa-
blish the Law lnstltuilon-and have selected Ehila
deipha The place of its location. In SO doing have
thought that no city in the Union affords such various
and ample Inducements for all the purposes of the
Law Sutherland that in none more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app ications made TO me from dis
lance the orper occasion, in regard to the partic
tiars of my enterprise, induce to anticipate similar
inquiries now-aDd to meet all such in advance,
now address this Circular all that | offer in
explanation, and probably, all that may be requi-
site.
The Institution, dedicated alone to law studies,
and their cognale and auxiliary topics IS spacious
and beautiful building, M. III South Fifth street
suitable for the accommodation Of about sixty stu.
dents. The rooms all suitably furn she'd supplied
with an extensive law and miscellaneous library
oi precedents Of practice in every conceivable and APP
proved firm. Students are admitted at any time
throughout the year-courses OF study, and the re-
quiste books supplied, exactly meet the
wants and views of the student, according he may
design To practice his profession either the country
or in some of the maritime cities The laws of every
State in the Union are in some degree dweIt upon
practice IS constantly blended with theory--but the
deep and radical of parents we'll as of students
is carefully avoided aude to the too erroneous no
ton that law students to be made mere mechanical
arttsdns-mere attorneys learning practice by rote and
jealous of book-knoDedge, being too theoretical -
This mlschievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney good and lasting one,
who was not also deeply veTsed 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-t is an unnatural
Inversion Of the established order of nature-an gno-
rant and slovenly way of urging young men on TO at
tempts far beyond the powers of the human mind
for if he grounds and Of the science be not
well known, the practice cannot be well known.
But the error, to which earnestly alIude is
fou ded upoh another which is equally false and mar
row, vz.-that students learn the practice only in
practising lawyers office! On the Contrary as GEN
era rule, it is The very last place in which he ever
does or can learn the practce-and this be made
ed from theory? Take single exampe-and er uno
disco on,nes. The theory law point says to the
student, if A lends his watch, and B sells it, or re-
fuses to return it, may bring what called an ac-
ton of Irover and Conversion. Now trouer means
finding, and conversion means appropratiDg it to his
own use and here, again, the student learns two
other theoretical law poinls-viz. that the find g is
now mere verbal felton, not all material or to be
proued-and secondly, that the conversion by the de-
PENDANT to his oicn consists in the withhold
ha from, ,I,h
be ever so clearly proved that he in way the
property for himself for any purpose whatever, but
TO withhold 1t from the plaintiff.
Now all this theory must be learnt and a good
deal MORE before the practice comesand that practice
on the plaintiff part consists of thorough know ledge
OF he forms or precedens-and the defendants part
ofthe like knowledge to the to,muE of the pleas
reolnders, &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 critto the final
return upon The erecMion. These forniui9 of writs
returns 10 wriis-appearances-ba balm paIances
ntinuances-Impdnneiling of juries -trial-ex-
ceptions-verdIct-judg ment-execu of
execution-or, on the other hand trial-or APP
peal SC, &c.-are all set forth in the jprecedeis so
that, he who knows most of prscedents knows most
of practice but still, these precedenis cannot them
selves be unde rsood without previous theoretical
knowledge. The question: then resolves Itself into this
Cannot a law student be well grounded in all the
q
lawyers ofiice2 AID why not On the contrary, /
cannot he learn far more of practice by he JUDI
cious and careful study of all the formil9 (Which he
never does in practising lawyers office than by
writing, OF rather copying those simple and
al declarations pleas &c. which he master of Office
assigns TO the STUDENT Is it not uniformly the case
that all really difficult and responsible business Of this
sort is done by the master himself without ever reach
ing The eye of the sudent-or, # II does only to me-
Chemically copy 1t Again: Who distinguish be-
f,rr .,In E.f.t a
student prepares the wnt-another the return
another the declaration some other the pea, &c
until all the practical proceedings gone through
And hat prevents these students making record of
the whole, and then comparing all with certified
cord Fl ON court of Justice in like action All
this surely may be done Law InsiI,uton-and far
btter-more quietly-and with more time than in bust.
ness offices where many precious hours often lost in
useless messages-long walks-transcrl bing letters
copying mot depising) declaa atoms, pleas, replica.
tons, &c. generally the sole workmanship OF the
master of the Office and very seldom that of the
student confess that all this is to my mind
ly plain, and has long sfed of the popular and
serious error which has placed young Offices,
where little either ofheory ofpracce is learnt This
surely Is not always the case-but 1t is too often SUCH
asmany despondng students have found, and as Others
have been compelled 10 confess, that they never
learned much of theory of practice until after they
came 10 tbs bar but which time, found very
no hill and arduous work, and sometimes accom-
pshed even through whole life of toll. Doubtless,
there are many noble exceptions to The of
these remarks but still, | aver it fact that my
experience has never made me acquainted with any
uo,lng laoyer, who, in candid conversation not
willing 20 confess that his legal education had been
very hap-bazard-and that practice to any really val
liable and abiding extent is the last thing s;oden,
can ever hope for IN practising lawyers Office.
After an er lensive practice of seven and twenty
years in all Of the courts, and devotion to the infe
rests of la,c students, during much of that period may
not be too much say that practice be lost
,ipht ofn this Institution and that nothing but mechani
cal nnro,oness Of legal education unworthy Ct
ligbened lawyer, could patropise the init
nation that such Instut was only adopted for
the incubation of the science and not Of the i Of
professon-an ntImatlon confined, doubtless, TO a
very few but WHICH, still is one fatal TO the iDte-
rests of law students, and captivating TO unin-
formed unfents and guardians and TO the ardent