The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-08
CIRCULAR TO STUDENTS OF Law
In THE UNITED STATES.

A CIRCULAR TO STUDENTS OF Law
In THE UNITED STATES.
TN the year 1924, under the auspices OF the oMSe
si,y OF Maryland, established in the Guy o. nsr
timorc Law School, under the denominsuo" " Wy
Maryland Law Insuts This ssispa'su.sns sp.
nued in successful operation nearly eleven years
ing received students from elspsa OF the o'asss any
from two foreign countries Owing TO ne pressure
Of an extensive practice simultaneously WIN 'oe ~
ties which tho Institution involved, az 'ne
year 1886 abandon not ally the practice OF my ever
ind long cherished profession but also the Law Inst
iute and for hes Ith AMI ease sought the more gens
climates Of Europe. F.ndiog, at this Tine my nea"n
perfectly restored, and with II no abatement whatever
Of my zeal and devotion 10 that great science wncn
ia this country Of all others, needs to be "ehod'ca
and carefully studisdsnd seeking, moreover INDUS
trous and continued occupation essential TO hspP-
ness in land that knows dlsvs resolved 10 'ee.a-
blish the Law Instituii0nand have sriected ihus-
dephia the place of its location. In 50 DONG Dave
thought that city in the Union affords such various
and ample Inducements for all tho purposes OF The
Law Sunderland that ia none can more worthy
economy be preserved, and yet with every requisite
comfort. sEt
The frequent applications made to from dis
lance the former OCCASION in regard TO the psrtse-
lars Of my enterprise, induce 10 anticipate similar
inquiries now-and 10 meet all such in advance,
now address this Circular ~ all that can oher IN
explanation and, probably, as all that may be requ-
site. .Hfl
The Institution, dedicated alone to law studies,
and their cognale and auxiliary topics, spacious
and beautiful building, NJ, ~ South Finh street.
suitable for the accommodation of about sixty stu
dents. The rooms all suitably furnished, supplied
with an extensive law and miscellaneous library
eih precsdsnts Of practice in every conceivable and APP
proved form. Siuden admitted at any time
lhsough0ut the year--courses of study and The re-
qleite books supplied, exactly to deet the
wants and views Of The student, according he may
design To practice his profession, either IN the country,
in 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 error OF parents, well Of sde,s
is fully avoided alludc the too erroneous
ton that law students TO be made mechaaicaI
artisansmere attorneys learning practice by rote and
jealous of bookkno,cle4ge being too theoretical -
This mischevous error must inevitably degrade the
science and profession, and 10 gross mistake, since
practising attorney was ever good and lasting one
who not also deeply versed in the reasons and
| theory Of the law. therefore cannot acquiesce in,
and will yield TO, the vulgar Of putting
practice before and above theory-- is an unnatural
inrersion Of the established order Of nalurean gno
rant and slovenly way Of urging young TO Mt
| tempts far beyond the powers Of the human mind
for II The grounds and of the science be not
we'll known, the practice cannot be we'll known.
| But the error TO which | so earnestly alude is
founded upoa another which is equally false and
row, vxthat students learn the practice only in
practising lacyers c0ice' Onthe country, gem
eral rule IT is The very last place in which he ever
does can learn the prac,ice-and this be made
| extremely manifest. What is practice distinguish
| ed from theory? Take single exampIe-and ca uno
disco ornss The theory, law point says TO the
student, il lends bis watch, and sells il,
fuses to return it, A may bring what is called
| ton Of Trover aud Conversion. Now iroper means
inding and conversion appropriatipg il to his
own use and here, again, the student learns two
other Theoretical law pons--vix. that the finding is
now mere verbal fiction, not at all MATERIAL to be
| "A A..
endant to his otcn use consists in the withhold
ing the properly from the plaintiff, although should
be ever clearly proved that he IN way useu The
property for himself for any purpose Whatever but
to withhold It from the plaintiff.
| Now all this theory must be learnt and a good
deal more, before the practice comesand that practice
the plaintiffs part con, lists of thorough know ledge
ofihe form. precedenfs-and the defendants part
ofthe like knowledge AZ 10 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
gressvey from the importation Of the o,ii to the final
| return upon the ereetdon. These Jormuie of wris
| returns to wriis-appearSnces-baiI-im rlanccs
ntinuances-impAnnelling of Juries -irial-ex-
ccptions--verdct- judgment-ex, culion--re of
execu,ion--or, on the other hand, trial-or APP
peal, SC, &c.-are all set forth in the Tpreeed no
that, be who knows most Of prfcedeat, knows most
of practice but STILL these preceden,s canno, them
selves be understood, without previous theoretical
1
Canno, a law student be we'll grounded in all the
precedents, lato se,,su, who pr actising
lawyers ofiicel 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 oiiice) than BY
writing, OF rather copying, those simple and occasion
al declarations, pleas &c., which the of Office
assigns 10 the STUDENT Is IL uniformly the case
that all really difficult and responsible business of this
is done by the master himself without ever reach
| ing the eye Of the siudent-or IL does only 10 me-
| chanicaly copy III Again: Who distinguish he
tween real suit in court, and fictitious which
one student prepares the writ-another the return
! another the declaration some other The pea &c
until ali the prooticai proceedings gone through
And hat prevents these students making record Of
the whole, and then comparing all with a rtfied re-
cord fiom coort Of justice in a like action All
this surely may be done Law lns,iuton--and far
iter-more quiet, and with time than in bus-
ness Offices where many precious hours often LOST ia
| useless mcssages-long waikiki anscr bing letters
copying mot dsri1ng) declarations, pleas, replica
tons &c. generally the sole workmanship o, the
master of The Office and 40 very seldom tina, Of the
student confess that all this Is TO my mind extreme
ly plain and has Long isfed of the popular and
serious which has placed young in Offices
where little either oftbeory or practice is learnt This
surely is not always the casebut 10 too often
asmsny dxspondnr students have found and ss others
have been compelled 10 confess that they never
learned much Of theory Of practice until after hey
ennx TO tAs bsr but, at which time found yer,
uphill and arduoos work and sometimes no, accom-
| pllshcd through whole life Of toll Doubtless
there many noble exceptions TO The correctness of
these remarks- but still aver it ss fact, that my
experience has made me acquainted with any
young larysr, who, IN candid conversation,
wiling 20 confess that his legal education had been
very hapbazard that practice, to any really val
liable and abiding extent, the last thing a student
can ever hope tor IN practising lawyers Office
| After O extensive practice Of seven and twenty
year. in all Of the courts and devotion 10 the int
rests ofiar students during much Of that period, u may
no, be much TO say that practice be los,
iph ofin this Institution and that nothing hui mschani-
cal Of Legal education, unworthy e en-
Igh,ened lawyer could ever patronse the in,l-
i In.i