The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-26
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

CIRCULAR TO STUDEN VT In"
IN THE UNITED STATES.
TN the year 1921 under the auspices efthe tnissi-
i city OF Maryland l established Ia the eny oil b.H
timofe Law School, under The deponina''o" o' '"e
Maryland Law Institute. THIS establishment CONF
nued in successful operation nearly eleven sess, hs
inc receiv. students from eseem OF the States, ana
from Two foreign countries. Owing to the pressure
of AN extensive practice, simultaneously wan 'ne uu
Ties which the lnsiituiion involved resolved IN the
year 1886 abandon DOt lily the practice OF my ever
and long cherished profession, but also the Law inst
ute and for health and ease, sought the more GENIAL
climates of Europe. Finding, at this une NY hta'h
perfectly restored and with no abatement Whatever
of my zeal and devotion TO that great science which
in this county, OF all others, needle to be "sthod'eay
and carefully sluJied-and seeking, moreover NOUS
.ious and continued occupation, essential 10 h"pp
ness 10 land that knows oilers reso sed to Ie-e sta
blish the Law lDsttution-and have selected Fhia
dephia he place OF lie location. Ia 80 doi.g have
thought that no cry Ia the Union AFFORD" sueh various
and an pie Inducements for all the purP's'n OF Tue
Law Sutherland that in none can a more worthy
economy be preserved, aud yet with every requisite
comfort.
The frequent app VACATIONS made TO me from dis
lance on the former OCCASION ia regard 10 the partic
usrs of my enterprise, induce me to anticipate similar
inquiries now--and Ia meet all such in advance,
now address this Circular, as all that can offer IN
explanation and, probably, all that may be requ-
site.
aud their coenale and auxiliary topics, spacious
and beautiful bu .ldng, n III South Fifth street
suitable for the accommodation of about sixty stu.
dents. The rooms all suitably furn shed, supplied
with extensive law and miscellaneous library
cih prsoednt Of practice IN every conceivable and APP
proved fr.D. Studn admitted at any time
throughout The ycar--courses Of study and the re-
guise books are supplied, a. exactly 10 meet the
wants and views of The student, according as he may
design 10 practice his profession eher in the country
. III
State in the Union in some degree dwelt upon
practice is constantly be lded with the ru-but the
deep and radical error OF parents well of students
is carefully avoided alIude the to erroneous no
ton that law students TO be made mere mechanical
artisans attorneys, learning practice by roe and
jealous OF book knoniedge being too theoretical
This mlschHvous error must inevitably degrade the
science and profession, aud is gross mistake, since
no practising attorney was Cd and lasting ne
who was not also de, ply yeTsed in the reasons nd
theory of the law. therefore cannot acquiesce in
and never will yield TO- the vulgar error If putting
practice before and above theory-ii is an unnatural
inrerSion If the established order of igno
| rant and soveny way Of urging young to at
tcmpis far beyond the powers Of the human ind
for, if he grounds and of The science be not
well known, the practice cannot be well known.
But the error, to which | earnestly allude is
fou ded upoh another, which equally false and mar.
row, vztha students can learn the practice only in
practising lawyers office On Inc cJnr.ry as a gen
erai rule, 1t Is the very last place in which he
does, or can learn the pracIiceand this be made
extremely manifest. W hat is practice distinguish
ed from theory? Take a single examplc-and az uno
disco omnes. The theory or a law point says 10 the
student, If lends his watch and sells It, or re-
inses TO return it, may bring hat is called an ac-
ton of Irover and Conversion. Nov frorer meals
1nding, and conversion means appropriating il to his
own use; and here, aga'n, the student leans two
other theoretical law poin,s-vz. that the find ng is
now mere verbal fiction not at all material, 10 be
1T
tendan TO his o,cn use consists in The WITHHOLD
ing the properly from the plaintiff although it should
be ever 90 clearly proved that he IN way useu the
property for himself for any pur pose whatever but
To Withhold i from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comesand that practice
on The paIbtih lar con isis OF thorough know ledge
Of he forms preetdens-and the defendant pat
OF the like knowledge as TO the Jormul6 Of The pleas,
r.joinders, &c. There are therefore books Of preee-
dents these books unfold every practical proceeding
whatever in every action kno \ t. the law-pro
gressively from the Importation Of the uif to he final
return upon The erecution. These formula of wrts
returns TO wriis-appearar ces-bai-inp aIlances
continue noes-lmpannen of jIrles -tral-tI-
ceptions-yerdIct- Judg ment-eI, cution-rrturn of
execuiion-or; on The other hand new trial--Jr APP
peal, &c, &c.-are all ct forth in The prtoed nts so
that, he who knows most of preeedeAb knows most
of practice but sal, these pTecedenls cannot them
selves be understood, without a previous theoretical
know ledge. The question: then resolve itsef into ihs
Cannot law student be well GROUNDED in all The
precedeBts, ldto sensu, who never pr scl.sinr
lawyers officel ID why not 7 On the Contrary
cannot be learn far more OF practice toy the iud.-
cious and careful study of all the JornuIa which he
never does ia practising lawyer oflice) than BY
wiring, OF Rather copying ho-e simple and occ ,son.
al dec arat ons pleas &C. which HE master an rilicc
assigns to the sudent l. ii nor unif1r nly the case
that all really difficult and responsible business Of tins
sort Is done by the master himself without reach
ing the eye OF the siudent-or, Il II does, only TO
chanically copy It Again: Who can distinguish be-
tween real su in court and fictitious one in VIII ch
one student prepares the writ-snother the return
| another be declnration- some other the pea &c
until all the prdoiioal proceedings gone through
And wba prevents these students making a record OF
the whole, and then comparing all with a c, r,ifed re-
cord f ON court of ustce in like action All
this surely may be done IN Law lnsutution-and far
uef-more quetli and with more time tina in bust.
Offices v here many precious hours often ust ia
useless messages-.ong "aks-uaoscr bIng letters
copying (not dtrtsing) declarations pleas replica
tons &c. SO generally the sole workn nship o the
master Of he Office, and very seldom that Of the
student ! confess that this Is 10 nv mind ertteme-
Nv plain and has long isfed of he popular and
serious error which has placed young men m Offices
where little either oftheory prs ctce is learnt This
surely Is not always the case bat IL is too often sue b.
asmony deponding students have found and ss others
have been compelled TO confess, that they never
learned much Of theory Of practice until after heu
came 10 the bar but which time 1t AZ found very
up- hill and aIduous work, and sometimes not accom-
pshed even tn, ugh whole life OF toll Doubtless
there are many noble pions to he correctness of
these remarks but STILL aver il as a fact that IN,
experience has never made ne acquainted With any
yotng lnryer, who, in candid Conversation, was not
wiling 20 confess that his legal education had been
very hap-hazard-and that practice any really val
liable and abiding extent Is the las, thing SUDDEN,
can ever hope Tor IN practising lawyers flee.
After an extensive practice OF seven and twenty
wears in all Of the courts and devotion to the nt-
rests Of ar students during much OF that period il may
not be much to say that practice never be lost
gh ofiD this Institute, aud that nothing but meohan
cal narro,cnes Of legal education unworthy e an en-
lbtened lawyer could ever patrouise even the init
nation that such Institution was only adopted for