The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-02
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN the year 1924 under the auspices ofthe Uniyer-
/ siy OF Maryland established In the city OF Bal
timofe a Law School under the denomination OF the
Maryland Law Institute. THIS establishment conf
nued in successful operation nearly eleven years, haN
inc received students from lerOI 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 70 abandon not ly the practice OF my ever
and long cherished profession but also the Law lnst-
tute aud for health and ease sought the more genial
climates of Europe Finding, at this time, my hfalih
perfectly restored and with Il abatement whatever
of my zeal and devotion 10 that great science which
in this county, of all others, needs TO be mhodlcay
and carefully sludied-and seeking, moreover indus
trious and continued occupation essential TO hepp-
in land that knows oilers resol' ed 10 Te-esta-
bsh the Law lnsttution-and have selected Phila
dephia as he place of lis location In SO sOsg have
thought that city in the Union affords such various
and ample inducements for all the purpusfs of the
Law Sutherland that in none a more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app icaiions made to me from dis
lance the former OCCASION in regard to the pd'iie
ulaiS of my enterprise, induce to anticipate similar
inquiries now--and TO meet all such IN advance,
now address this Circular as 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 spacious
and beautiful building, n. III South Fifth street
sultlDe Tor tle accommodation OF ABOUT Sky SUI
dents The all suitably fun shed, supplied
| with an extensive law and miscellaneous library
tDt recedents Of practice IN every conceivable and APP
proved fJrm. Studens are admitted at any tine
throug bout The year-courses OF study and the re-
quisite books supplied, as exactly TO neet the
wants and views of the student, according as he may
design To practice his profession cther in the country
in of the maritime cities The laws of every
! State IA the Union in some degree dwelt upon
practice is constantly Blended with diec,y-but the
deep nd radical of parents, well of students
is euly AVOIDED alludc to the too erroneous
lion that law students are TO be made mere mechanical
aiisansmere attorneys learning practice by rote, and
jealous of book knowledge, being too tieor ecat -
This mischievous error must inevitably degrade the
science and profession, aud Is gTosB mistake since
practising attorney ever good and lasting me-
| who was not also deeply versed in the reasons and
theory of the law. | therefore cannot acquiesce in,
| and will yield to- tho vulgar error Of putting
practice before and above theory-lt is unnatural
inrerSion of the established order Of naturean igno
rant and soveny way of urging young men on to at
| tempts far beyond the powers of the human II ind
for if the grounds and reasons of the science be not
well known, the practice cInnot be well known.
| But the error, to which | earnestly alIude, is
founded upod another, which is equally false and
row, vlz-tha students learn the practice only in
practising lawyers office On the cOnlr ~ 90 gen
eraI rule, 1t is The very last place in which he ever
does, or can learn the pracce-and this can be mad
extremely manifest. W hat is practice distinguish
ed from theory? Take a single exampe-and unO
student If A lends hs watch, and sells IT, or re-
fuses TO return ii, A may bring hat is called
ton Of Trover and Conversion. Now means
binding, and conversion means appropratiug II TO his
own use and here, again, the student learns two
other theoretical law poins-viz. that the finding 10
mere verbal fiction, not at all material, To b.
prorsd-and secondly, that the conversion by the de-
fendan to his oicn use consists IN The mere withhold
ing the properly from the plaintiff although 1t should
be ever so clearly proved hat he IN way the
property for himself for any purpose whatever, but
to Withhold II from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comesand that practice
the paint6s lar con isis of thorough know ledge
of he forms prectdeniS-and the defendant part
ofthe like knowledge TO the formula of the pleas
reoinders &c. There are, therefore books Of prece-
dents these books unfold every practical preceding
whatever, in every action known to the law--pro
excessively from the importation Of the cTt 10 the final
return up.a The erecution These formula of wrns
returns 10 wrlis--appearan ces-bail-ln alliances
ACKNOWLEDGEMENTS of juries -rlal--ex-
ceptions-y erdct-l dgment-ex ecution-return of
eXecutlOn-Or, on The other hand, trial-or APP
peal &c, &c.-are all set forth in the lprsced MS 80
that he who knows most of precedeak, knows most
of practice but stIll these presidents cannot them
selves be understood, without a previous theoretical
know ledge. The question: then resolves tse INTO this
Canno, law student be well grounded in all the
pecedents iaio senSu, who never saw a practising
lawyers office AGd why not On the contrary
cannot be learn far more OF practice Ivy the iud
ClOuS anu ChTtiui sNuuN OF all the JOTWG winch ne
does i'll practising lawyers offce) than by
writing, rather copying, tho.c simple and occasion
al dec aratons pleas Ne, which The master Of Office
assigns to the siudentl l. it uniformly the case
that all really difficult and responsible business of this
IL done by the master himself without reach
ing The eye of the sludent-or # II does only e. me
chanically copy It Again: Who can distinguish be
tween real suit In court and fictitious one Ia which
one student prepares the ~rt-anuther the return
another he declaration some other the pea, &c
until all the practical proceedings are gone through
And what prevents these students making record OF
the whole, and then comparing all with rtlfied
cord fcnA some court OF justice in like action All
this surely may be done IN Law Insnuton-and far
ter-more quetly-nnd with more time than in bust.
me- offices where many precious hours are often lost ia
useless messages-ong walks--tanscr bling letters
copying (not depsng) declarations, pleas, replica.
tons &c. generally the sole workmanship o the
master of the office and very seldom that Of the
student confess bat all this is 10 my mind crreme-
ly plain ard has long isfed me of he popular and
serious which has placed young men IN Offices
where ue either oftheory practice is learnt This
surely - not always the csse-b but too often such
ns'many depending students have found andh others
have been compelled TO confess, that thew never
learned much OF theory practice until after heu
came 10 ihs bsr but, which time it waf found very
up hill and arduous work and sometimes not accom-
pshed even through whole life of toll. Doubtless
there many noble exceptions 10 The correctness of
these remarks but still, aver it fact that my
experience has never made nc acquainted With any
toiing incycr, who, in candid conversation was not
Wiling 20 confess that his legal education had been
yer, hav-hszard-and that practice 10 any really val
liable and abiding extent, is the last thing student
can ever hoIe Tor IN practising lawyers uiice
After an extensive practice Of seven and twenty
years in all of the counts and devotion to the int
rests Of irc students during much OF that period It may
not be much to say that practice be lost
.igh ofn this institution and that nothing but pechdni
cal nGrToUntss Of legal education unworthy e an en-
lithtcncd lawyer could ever paronse the int.
1T Int, II. -
the incubation fthc science and not of thc art of our
1tnfn. slnn-hn iutmnIlnn continual dnnhlIe.a 10 n