The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-06
A CIRCULAR TO STUDENTS OF Law
IN THE UNITED STATES.

TN the year ss2i under the auspices oftho Univer-
i atty OF Maryland established IN the city OF Bal
timofe Law School, under the denomination Of the
Maryland Law Institute. This establishment CONT
nued IN successful operation nearly eleven years hav-
ing received students from eere. OF the States and
from two foreign countries. Owing TO the pressure
OF an extensive practice simultaneously with the du-
ties which the Institution involved resolved IN the
year 1886 TO abandon not oy the practice OF my ever
and long cherished profession, but also the Law lnst
tutei and for health and ease sought the genial
climates OF Europe. Finding at this time, my health
perfectly stored and with II abatement whatever
of my zeal and devotion TO that great science which,
ia this county, of all others, needs to be metodoaly
and carefully studied--and seeking, moreover indus
trious and continued occupation, essential 10 hspp
ness IN land that knows oilers reso ell 10
bsh the Law lnstlulion-and have selected Phiia.
dlphia as he place of lis location In doeg have
thought that city IN the MON affords such various
and ample Inducements for all the PURPOSES of the
Law Sluden-=and that IN none can a more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made TO me from d dis
lance, the former OCCASION regard the partic
ulars of my enterprise induce anticipate snliiar
inquiries now-and, To meet all such in advance,
now address this Circular all that | can 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 a spacious
and beautiful building, NJ. III South Fifth street
suitable for the accommodation of about sixty stu
dents The rooms are all suitably iurn shed supplied
with an extensive law and miscellaneous library
io precedents Of practice IN every conceivable and APP
| proved firm. Stud,n,s are admitted at any time
throughout the year-courses OF study, and the re-
quisite books are supplied, exactly 10 mee, the
wants and views of the student, according as he may
design 10 practice his profession ether in the country
or IN some Of the maritime cities. The laws Of every
State in the Union in degree dwelt upon
practice is constantly blended with hes,y-but the
deep and radical error of parents, well of students
is carefully avoided ailude to the too erroneous no
ton that law students 10 be made mechanical
artisansmere attorneys, learning practice by rote and
jealous OF book knowledge being too theo ecal -
This mlschevous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was ever good and lasting one
who was not also deeply versed in the reasons and
| theory Of the law. | therefore cannot acquiesce in
and never will yield TO- the vulgar Of putting
practice before and above lheory- is an un natural
Inversion Of the established o. der of naturean gno
| rant and slovenly way of urging young on at
| tempts far beyond the powers OF the human ind
for if he grounds and reasons of the science be
| well known, the practice cannot be well known.
But the error, TO which | SO earnestly allude Is
fou ded upoh another, which is equally false and mar
row. vz-that students learn The practice only in
| a practising lawyers office Onthe cJnir.ry as gen
era rule, II Is he very last place in which he ever
does, can learn the praciice-and this can be made
extremely manifest w hat is practice distinguish
|
disco on'nes. The theory a law point says To the
student If lends b his watch, and b sells it, or re-
fuses 10 return It, a may bring what is called an ac-
| ton of Trover and Conversion. Now iroper means
hndDg, and conversion means appropriatng to his
own use; and here again, the student learns two
other theoretical law poinls-vz. that the find ,g is
now mere verbal fiction not ali material or 10 be
propsd-and secondly, that the conversion by the de-
fendant 10 his oicn consists the WITHHOLD
ing the properly from the plaintiff although it should
he az Yer an ,ta
property for himself OF for any purpose whatever but
to withhold Il from the Plaintiff
Now all this theory must be learnt aud a good
deal more before the practice comes-and that practice
on the plaintiff lar con lists of a thorough know
OF the forms precdens-and, on the defendant part
ofthe like knowledge to the formula of the pleas
rrjolnders, &c. There are therefore books Of preee
dents these books unfold every practical proceeding
whatever IN every action known t. the law-pro
gressively from the importation of the iUrto the final
return up,n The execution. These formula of writs
returns TO wrIls-oppearances-b balm parlances
-continuances-impdnneing Of juries -trial-o1-
cepons-yerdict- jud gnent-eIc n-return of
exeoulion-or, on the other hand new trai--1r APP
peel &c, &c.-are all st forth IN the 'prfosd MS 50
that he who knows most OF pTtoedeAh, knows most
of practice but still these pfecedenS cannot them.
selves be unde rstood, without previous theoretical
know ledge. The question: then resolves se into this
Cannot law student be well grounded in all the
piecedents ldto SenSu, who never saw a practsinp
lawyers office Aud why not On the contrary
cannot he learn far more OF practice by the iud-
cous and careful study Of all the formula (which he
never does IN practising lawyers office than by
writing hef copying tho.c simple and occ sion.
al dec arat one pleas &C. which he na sier an flee
assigns 10 the sudentl l. 1t not unifornly the case
that all really difficult and responsible business of tins
-or is done by the master himself without ever reach
ing the eye Of the sudent-or Il Il does only Ia mr.
Chemically copy 1T Again: Who can dis nguish bc
tween real suI in count, and fictitious one IN which
| one student prepares the Wrt-another the return
/ another he decnration- some other the d ca &c
until all the practical proceedings are gone though
And hat prevents these students making re ord of
the whole, and then comparing all with c. rifcd re-
cord Il ON court OF justce ia a like action An
/ this surely may be done m a Law nsutution-anJ far
uef-more quetl, and with more time tina n in bus.
offices where many precious hours often lost IL
useless messagef-'ong Nalk.-'Ianscr bling ,ttrrs-
copying (uot devlsing) declarations pleas replica.
\ tons SC. 50 generally the sole workmanship o the
master Of The office and very seldom that Of the
STUDENT. contestant all this l. to my mind extreme
ly plain and has long sfed me Of he populaT and
serious which has placed young men IN Offices
where little either oftheory ofprsciice learnt This
surely s. not always the case but u - too often such
as'mnny depending students have found and IS lthef,
have been compelled TO confess that th,y never
learned much oftbeofy ofpracice until aJlsr h,u
came 10 hs bar but, At which time u wa found very
up hill and arduous work, and sometimes not accom-
plshcd even tht, ugh whole life Of toll Doubtcss
there many noble exceptions 10 The correctness of
| these femafks- ou' Hlh aver " ~ taci that my
experience has never made me acquainted ith any
Young larvsr who IN candid Conversation was not
wiling 20 COMES. that his legal education had been
very hap-hazardand that praoios 10 any really val
uablt and abiding extent, IS the last thing a student
can ever horc Tor N practising lawyers flee
After an extensive practice Of seven and twenty
years in all Of the courts and devotion 10 thcint-
rests u ale students during much Of that period may
not be too much 10 say that practice never be- lost
iph ofin this institute, and that nothing but peoLani
cal narro,cness ofiegai education unworthy f an en-
lightencd lawyer could ever pattonise even the int
nation that such an Institution only adopted flr
the incubation of the 'cienc and not of the art Of our