The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-18
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

MARYLAND Law Institute. Ihls estaphHhinent eohN-
nued in successful operation nearly eleven years hAv-
inc receive students from eleUen of the States and
from Two foreign countries. Owing 10 the pressure
of ensive practice, simultaneously wi'h the du-
ties which the Institution involved resolved IN the
year 1886 abandon not lily the practice OF my ever
and long cherished profession, but also the Law osii
tue and for health and ease, sought the more genial
climates of Europe Finding, at this Tune my health
perfectly restored and with t abatement whatever
Of my zeal and devotion that great science which,
in this county, OF all others, needs 10 be nethodicay
and carefully studiedand seeking, moreover, indus
rious and continued occupation, essential to happi
in land that knows iders reso' ed 10 e-esta-
blish the Law lnsttulion-snd have selected Pha-
deipha he place of It's location. In 30 doisg have
thought that city In the Union affords such various
and ample Inducements for all the purposes of the
Law Sutherland that Ia none can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made to me from dis
lance on the former occasion in regard to the paic-
ulars OF my enterprise induce TO anticipate similar
inquiries now-and, To meet all such in advance
address this Circular, as all that | can offer in
explanation, and, probably all that may be requi-
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 for the accommodation Of about sixty stu.
dents The rooms are all suitably ium shed supplied
with an extensive law and miscellaneous library
o precedentS u practice every conceivable and APP
proved frm Studen are admitted at any time
throughout the year-courscs Of study, and the re-
qusite books are supplied, exactly to .nee the
wants and views OF The student, according he may
design 10 practice his profession ethef the country
or in some of the maritime cities. The laws of every
State IN the Union are in some degree dwelt upon
practice is constantly pleaded with Metry-but the
deep and radical error OF parents well of students
Is carefully AVOIDED allude to the erroneous no
ton that law students TO be made mechanical
atsansmere attorneys learning practice by roie and
jealous OF book-knoUiedge as being too theoretical
his mischevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney was good and lasting cne
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 error of putting
practice before and above theoryit is an unnatural
tnrersion Of the established order Of naurean igno.
rant and sloveny way of urging young men on 10 at
tempts far beyond the powers of the human mind
Tor # The grounds and reasons of The science be
| well known, the practice cannot be well known.
But the error, to which | so earnestly alIude is
lou ded upoh another which Is equally false and
row. vz--that students learn the practice only in
practising lawyers office! On the contrsrv, us gen.
era rule, IT Is the very last place IN which he ever
does, or can learn tAe pracliceand this be made
extremely manifest What is practice as distinguish
ed from theory? Take a single example-and er uno
disco onines. The theory or law point SAYS To the
student If lends b his watch and 3 sells it, or re-
fuses to return II, A may bring what is called an
ton Of Trover and Conversion. Now roper means
bndng, and conversion appropriaiiug it To his
own use and here, again, the student earns two
other heoreficai law punls-vlz. that the find ng
now mere verbal fiction, not all material or To be
prorsd-and secondly, that the conversion by the de-
trndant to his Opn consists in the withhold
ing the properly from the plaintiff, although should
be ever so clearly proved chat he in way USED the
property for himself for any purpose whatever, bu,
TO withhold II from the plaintiff.
Now all this theory must be learnt and a good
deal more before the practice comes-and that practice
on the plaintiff part con, lists of thorough know ledge
of hr forms or prectdenS-and, the defendants part
OF the like knowledge to the fOTudG of the plea-
reoinders &c. There are therefore books of prece-
dents these books unfold every practical proceeding
whatever, IN every action known to the aw--pro
gresslyeiy from the importation of the pri To the final
return upon the erse,aioi. These tormuLp of wrs
returns TO es-bail-impaIlan
acknowledgment of juTies -irial-ex-
cepons-verdict-j Observation-Disclosures of
execution-or, on the other hand, new tria-or APP
peal &c &c.-arc all set forth IN The ,preeednis so
that he who knows most of precede Is, knows most
Of practice but STILL these Irecedenls them
selves be understood, without previous theoretical
knowledge. The question, then resolves itse into this
Cannot a law student be well grounded in all the
presidents, lato seISt who saw pr actlsinq
lawyers Office Add why not 2 On the contrary
candot he learn far more OF practice 10y the iudl-
cous and careful study Of all the Iorpula which he
never does IN practising lawyer oiioe) than by
writing OF rather copying tho'e simple and occasion
al dec afat ons pleas &c which he master Of an oic,
assigns 10 the sudentl Is IL uniformly the case
that all really difficult and responsible business of this
is done by the master himself without ever reach
Jog the eye of the siudent-or, # does only 10 me
chanicaly copy it Again: Who can dist ~ ush be.
tween a real su in court, and fictitious one In which
one student prepares the writ-anuther the return
another the declnratiOn- some other the q ca &c
until all the practical proceedings are gone through
And " hat prevents these students making record OF
/ sl...f. fh.r. a,
cord ON court Of justice in like action All
this surely may be done a Law InsiItution-and far
uer-more quiet i-and with more time than IN busi
offices where many precious hours are often ost 10
useless messages-'ong walk,-lianscr bling letters
COPYING mot derising) declarations pleas replica
tons &c. so generally the sole workmanship o the
master Of The office, and very seldom that Of the
student confess that all this 10 my mind extreme
ly plain, and has long sfed me Of he popular anJ
serious error which has placed Young men m Offices
where little either oftheoTy practice is learnt This
surely Is not always the case bot II is too often such
aymany despondng students have found and as othcrs
have been compelled TO confess that they never
learned much Of theory Of practice until atler hev
came 10 the bar but, at which tine IL vas found v.ry
up. hill and afduOus work and sometimes not accom-
piIshed even through whole life OF toll Doubtless
there are many noble exceptions to the correctness of
these remarks bot still | aver il a. a fact that nv
experience has never made me acquainted with any
young iauyer who in candid Conversation was MOI
wiling 20 confess that bis legal education had been
very hap-hazard-aud that practice 10 any really val
liable and abiding extent rs the last thing student
can ever hope for N practising lawyers ofice.
After an extensive practice Of seven and twenty |
years in all Of the courts, and devotion to the inie-
rests Of lo students, during much ofthat period may
not be much To say that practice never be lost
-ipht ofn this Institute and that nothing but reehaJ-
cal ndrotcneS Of legal education unworthy C an en-
lighencd lawyer could ever patronise even the init
nation thai such an lnst was only adopted for
the incubation ofhe seenos and not Of the ari of our
pfofesson-an intmaton confined, doubtless TO
very few, but which, STILL Is one fatal TO the into
rests Of law studei t. and captivating TO unin.
formed parents and guardians AID 10 the ARDEN
student who IL liable 20 be too anxious 10 praciioe
ho haa .ill-Irl m The IniIa al