The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-09
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.
TN the year 1924 under the auspices ofthe Unisci
i SHY of Maryland, established ~ tue Guy OF "a,
timore Law School, under the denomination OF me
MARYLAND Law Institute. This establishment conf
nued in successful operation nearly e.~" years nav
ing receiv. students from eere'. OF 'hc o'~es Ans
from two foreign countries. Owing to the pressure
OF an extensive practice, simultaneously WIN me uu
ties which the Institution involved resolved, 10 the
year 1886 abandon not y the practice OF my ever
and tony cherished profession, but also the Law i"s'
iu,e; and for health and case, sought the more ge",s'
climates OF Europe. Finding, al this Tune, my n.a"n
perfectly rtsloItd and with II no abatement whatever
of my zeal and devotion 80 that great science which
in this country, Of all others needs 10 be fhodeaHy
and carefully studieJand seeking, moreover INDUS
tous aud continued occuIath H. go essential 10 hsPp-
in land that knows oilers reso cd to r-e.a
hlish the Law Instiuion-and have selected Phtta'
deihia he place of its location. IN so doing nave
thought that no city in the Union affords such various
and ample inducements Tor all the purpos'b OF The
| Law Sudenl-and that in none can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app ica,ions made 10 me from DIS
lance on the former oceasion in regard To the pas'c-
iars of my enterprise induce me to anticipate similar
inquiries now--and, TO meet all such in advance,
now address this Circular, all that can oher ~
EXPLANATION, and, probably, as all that may be reqn'-
site.
! The Institution, dedicated alone to law studies,
and their cogna,e and auxiliary topics, IS spacious
and beautiful bu lling, N lit South Fifth street,
suitable for the accommodation of about sixty stu.
dents The rooms are all suitably furn shed, supplied
| with extensive law and miscellaneous library
ri precedets Of practice in every conceivable and APP
| proved firm. Stud, IN are admitted at any time
| throughout the year-courses Of study, and the re-
q,iisc books are supplied, as exactly TO nee, the
wants and views of The student according as he may
design practice his profession eher in the country
| or in some of the maritime cities The laws OF every
State in the Union in some degree dwet upon
practice is constantly blended with thsory-but the
deep and radical parents well Of Students
is efuliy avoided nude TO the tho erroneous
ton that law students be made mechanical
artisans attorneys learning practice by roe, and
jealous of bookknoredge, as being loo theoretical
| This mschievous error must inevitably degrade the
science and profession and is gross mistake, since
practising attorney was ever g Oh and lasting one
who was not also deeply veTsed in the reasons and
theory Of the law. | therefore cannot acqniesce in,
and never will yield to, the vulgar error Of putting
practice before and above theory--it is unnatural
Inversion Of the established order of naiurean igno
rant and soven!y way of urging young TO at
lcmp,s 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 well known.
But the error, to which | earnestly alIuJe, is
fou dcd upoa another, which is equally false and
row, vizthat students can learn the prachce only In
practising tiiryers eDict' On the c,n'rry, gen
eral rule, it is The very last place in whfh he
does, or can learn tle praciice-and this be made
extremely manifest. What is practice distinguish
cd from theory? Take a single exampIe-and tr ,n,o
disco Dunes. The theory or law point says to the
student, if lends b his watch, and sells it,
fuses TO return it, A may bring what is called an &C
| ton of Trover and Conversion. Now irorer means
finding, and conversion means appropriaug il to his
| own use; and here, again, the student learns two
other theoretical law poin's-viz. that the find ',g is
now mere verbal fiction, not al all material, TO be
/ a al.
itndant TO his consists in the WITHHOLD
| ing the properly from the plaintiff although II should
| be ever clearly proved that he in way the
property for himself or for any purpose whatever, but
10 Withhold Il from the Plaintiff
! Now all this theory be learnt aud a good
deal more, before the practice comes-and that prace
the plaintiffs part con lists Of thorough know Iedy
Of he forms precedensand, the defendants part
oflhe like knowledge to the tornuie Of the plea-
rsjoinders &c. There are, therefore books Of preos
dents these books unfold every practical proceeding
whatever, IN every action knos to the iaw--pro
gressi,ey from the importation OF the r,i to the final
return up,B The ereeaon. These formula of wrns
returns TO wrl's-appearar ccs--bsil--np aIlances
| -cont'nuanoes-lmpanne OF jures -triaI-eX-
| cep,ions-veIdct-j udgment-execuon-return of
execu,ion-oI, on the other hand, new trial-,r sp-
peal &c, &c.-sre all set forth in The fprteed MS SO
that, he who knows most Of precedeafs, knows most
of practice but still, these precedenls cannoi them
selves be understood without previous theoretical
| Cannot law student be well grounded in all the
| pecedens, iaio seisu, who never saw a Or actsinp
lawyers office Aud why no, 2 On the contrary
| cannot he learn far more OF practice by the JUDI
cious and careful study Of all the form nu (which he
never does in a practising lawyers oaios) than by
writing, OF rather copying, thoc simple and occasion
al deciarat ons pleas, &c, which The an Office
assigns 10 the sludentl l. il uniformly the c. Sc
that all really difficult and responsible business of this
.or, Is done by the master himself without reach
ing the eye OF the sudent-or, II II does only 90 me-
| cbanichliy copy III Again Who can diet nruish be
tween real suit in court, and fictitious one 10 which
one student prepares the Nnt-anuther the return
| another the declaraiJ On some other the . ca &C
until ali the practical proceedings gone through
And hat prevents these students making record of
the whole, and then comparing all with riied re-
cord fiom some court Of justice in a like action All
this surely may be done Law Insliution--and far
uef-more quetl and with more time than in bus-
pcs Offices here many precious hours are of en- lost 10
useless mcsssges-'ong walks-lianstr bling htlers-
eopv,x (not derising) decisi slions, plcss, replica
tons sc. so generally the sole workmanship OF the
mosr Of the Office, and very seldom that Of the
student confess that all this Is TO my mind extreme
w plain and has long 80 is6ed Of tn popular and
| seiiors which has placed young men IN Offices
wh,r little either oitbeoy or practice learnt This
surely - not always the but is too often such
asnsny dsspondug students have found and as tbefs
have been compelled TO confess tina, they never
learned much oflbeory Of practice until af,r hsp
came 10 the bar bot AZ which tune II wns found very
no. hill and brduous work and sometimes not accom-
plshcd even thi, ugh whole life of toll Doubtless
ihrre aie many noble exceptions 10 he correctness Of
these remarks but still, | aver il a fact that my
experience has never made me acquainted With any
vor.g inryer, who, IN candid Conversation was not
wiling 20 confess that his legal ejucaon had been
very haphsznd-and thai practice, to any reilly val.
liable and abiding extent " the las, thing q ud,nt
can ever hope Tor IN practising lawyers flee.
| Afer an extensive practice Of seven and twenty
wears in all Of the courts and devotion 10 the int
reas Of inc audenfs during much Of that period may
not be too much to say that practice be los,
iyh, ofn this Insti,u,i, and that not hing but mcLani-
cal naro,cne,s illegal education unworthy n an en-
Ii lhtcned lawyer, could ever parobise the init