The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-04
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices of the UniycI
i city OF Maryland, established In tho city oil BAL
tipors q Law School under the denomination Of the |
Maryland Law Institute This establishment CONT |
nued ia successful operation nearly eleven years hav-
ing received students from eepew Of the Ststss and
from two foreign countries. Owing 10 Tue pressure
OF an extensive prsctce simultaneously Win the uu-
which the Institution involved resolved Ia Tue
year 1886, 10 abandon not the practice oil my ever
and long cherished profession but also the Law ins'i
tute; and for health and sought the more genial
climates Of Europe. Finding, at this time my heai'h
perfectly restored and with Il abateeseat whatever
of my zeal and devotion to that great sc~nce, which
in this country Of all Others needs TO be nshodscaty
and carefully Sunderland seeking, moreover indus
rious and continued occupaion essential u haPP
in land that knows oilers resol we'd to reesa-
blish the Law lnstiiution-and have selected Ph'la
delphia the place of ito location In so sorg have
thought that city in the Union affords such VARIOUS
and ample inducements for all the purposes OF The
Law Sunderland that in none can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made TO me from dis
lance the former OCCASION In regard to the partc
ula Of my enterprise, induce me TO anticipate similar
ina ures 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 requl-
\ site.
The Institution dedicated alone to law studies,
and their cognate and auxiliary topics, spacious
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation Of about sixty stu
DENTS The rooms are all suitably un shed, supplied
| with an extensive law and miscellaneous library
,c precedts Of practice in every conceivable and APP
| proved form. Studenls admitted at any time
throughout the year-courses OF study, and the re-
quisite books are supplied exactly TO meet the
wants and views of the student, according he may
design TO practice his profession cher IN the country
in some of the maritime cities. The laws of every
| State in the Union in degree dwelt upon
practice is constantly blended with teory-but the
deep and radical error of paren we'll az OF Students
| Ill l.,Ia 4
ton that law students TO be made mere mechanical
arsans-mere attorneys learning practice by roe, and
jealous Of book-kno,cedge, being too theoretical -
| This mschievous must inevitably degrade the
science and profession and Is gross mistake, since
no practising attorney good and lasting one
who was not also deeply versed in the and
theory of the law. | therefore cannot acquiesce in
and never will yield to, the vulgar error Of putting
practice before and above theory-it is unnatural
Inversion of the established der of naturean igno
rant and sovenly way of urging young men on to at
| tempts far beyond the powers of the human mind-
for, if the grounds and Of the science be not
well known, the practice cannot be well known
| But the error, to which | earnestly ailude, is
fou aided upoh another, which is equally false and mar
row, viz-that students learn the practice only in
practising la,oyers office! On the CONTRARY, gen
eral rule, is the very last place in which he ever
does or can learn the praclice-and this can be made
extremely manifest. What is practice distinguish
ed from theory? Take a single example-and tr uno
disco The theory law point says to the
student if A lends B his watch, and sells it,
fuses 10 return it, may bring what is called
ton of TIover and Conversion. Now frouer means
finding, and conversion means apPropriating to his
own use; and here, again, the student learns two
other theoretical law poinls-vz. that the finding Is
now verbal felton, not at all material, or to be
propsd-and secondly, that the conversion by the de-
tendant to his otcn use consists IN the mere withhold
ing the properly from the plaintiff, although it should
be ever clearly proved that be in way used the
property for himself for any purpose whatever bot
TO withhold 1t from the plaintiff.
| Now all this theory must be learnt and a good
deal more before the practice comesand hat practice
on the plaintiffs part, con'iss of thorough knowledge
of he forms rprectdens-and the defendants part
ofhe like knowledge as to the Jornla of the pleas,
ejonders, &c. There are, therefore, books preee-
denis these books unfold every practical proceeding
whatever, in every action known to the iaw--pro
gressvey from the importation of the iorit to the mad
return upon the ereeuion. These formula of wr,s
returns 10 wrls-appearaDce s-bail-impaIlan ces
OBSERVATION-DISCLOSURES Of Juries -iTia1-eI-
ceptions-, erdict- judg Observation-Disclosures of
execu,ion-oI, on the other hand, new tria-or APP
peal, &C. &c-are all set forth in The fpreoed, MS
that, be who knows mo.t of precedent,, knows most
Of practice but STILL these PrecedenIs cannot them
selves be understood, without previous heoreficai
know ledge The question, then resolves itself this
Cannot a law student be well grounded in all the
presidents, laio sensu, who a pr actIsing
lawyers object And why not On the contrary,
cannot be learn far more OF practice by the iud-
cious and careful study Of all the formula (Which he
never docs in practising lawyers ofiice) than by
writing, rather copying tho,e simple and occasion
al dec aratons pleas &C. which The master Of an Office
assigns TO the student Is IL uniformly the
that all really difficult and responsible business Of this
sort done by the master himself without reach
ing the eye Of the student-or, II II does, only 10
| chancey copy IL 7 Again Who distinguish be-
tween real suit in court and fictitious one in VIII Oh
one student prepares the writ-another the return
, another The declaration other the pea, &c
until all the practical proceedings are gone through
And hat prevents these students making a record OF
the whole and then comparing all with a rtifed
| cord Fl ON court of justice in like action All
this surely may be done Law lnsiitution-and far
b tter-more quiet, and with time than in busi-
ness Offices where many precious hours oen lost ia
useless messages-'ong walks-iIanscr,bing letters
oopyng mot derising) declarations, pleas replica
tons &c generally the sole wok nship OF the
master Of The office and very seldom that of the
student nfess that all this is my mind extreme
ly plain and has long isfed Of the popular and
serious error which has placed young IN Offices
where little either otheory Of practice learnt This
surely not always the case-but II is too often such
amany desyonding students have found and Others
have been compelled TO confess, that they never
learned much Of theory Of practice until qtier hep
cam, 10 The bar but at which time it found very
no hill md arduous work and sometimes not accom-
pished even Though whole life of toll Doubtless
there are many noble exceptions TO the correctness Of
these remarks but still, aver IL fact that my
experience has never made acquainted with any
| vo,,ng la,ryer who IN candid Conversation was MOI
wiling 20 confess that his legal education had been
very bap-bszard-and that practice, TO any really val
liable and abiding extent Is the last thing student
can ever hope for IN practising lawyers Office.
After an extensive practice Of seven and twenty
wears in all Of the courts and devotion TO the int
rests Of lac students, during much Of that period may
not be much to say that practice be lost
ght ofin this Institution and that nothing but eehani
cal narocness Of legal education, unworthy e en-
liqhteped lawyer could ever patronise the init
nation that such an Inst uton was only adopted for
the incubation ofthe science and not Of the art Of our