The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-07
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the wear 1924 under the auspices ofthe Univer-
/ sily of Maryland, established IN the eiy OF pat
tmore Law School under the denomination Of ,,'e
| MaryIsnd Law Institute. This establishment eohu-
nued in successful operation nearly eleven years, nav
ing received students from eleren oil the oa'eS, anu
| from two foreign countries owing 10 'ne pressure
OF an extensive practice simultaneously WIN tue uu
ties which the Institution involved, resolved, IN the
wear 1886 to abandon not olly the practice OF my ever
and long cherished profession but also the La" inst
tute and for health and ease sought the more gehih
climates OF Europe. Finding, at this time, my heai'h
perfectly restored, and with II no abatement "bs,o'ei
of my zeal and devotion that great scence, winch
in this country Of all Others neede TO be inshodeay
and carefully studied-and seeking, moreover indus
trous and continued occupaton so essential 10 haPp-
ness in land that knows oilers resoi we'd 10 Ieesa
blish the Law lnstution-and have selected i,hi'a
delphia as the place Of its location In so dong nave
thought that city in the Union affords such various
| and ample Inducements for all the purposes OF inc
| Law Sutherland that in none can more worthy
| economy be preserved, and yet with every requisite
| comfort.
! The frequent applications made to me from a dis
lance on the former OCCASION in regard TO the parfie
tlas 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 IN
explanation, and, probably, as all that may be requ-
| site.
| The Institution, dedicated alone to law studies,
and their cognae and auxiliary topics, Is spacious
| and beautiful building NJ. IT South Fifth street
|
dents The rooms are all suitably furnished, supplied
| with an extensive law and miscellaneous library
ie precedento Of practice IN every conceVable ana APP
| proved form. Students are admitted at any time
throughout the yeaT-courses OF study, and the re-
quisite books are supplied, exactly TO neet the
| wants and views of the student according he may
design practice his profession either IN the country
or in some Of the maritime cities The laws OF every
State in the Union in Some degree dwelt ~ H.
practice is constantly blended with Heory--but the
pf,YHsY
is carefully avoided allude to the too
ton that law students to be made mechanical
artisansmere attorneys Learning practice by roe, and
Jealous of book knowledge, being too theoretical -
This mischievous must inevitably degrade the
science and profession and is gross mistake, since
no practising attorney was ever good and lasting one
| who was not also deeply versed IN the and
theory of the law. | therefore cannot acquiesce in
and will yield TO, the vulgar error of putting
practice before and above heory-it is unnatural
Inversion of the established order of naure-an igno
rant and slovenly way of urging young men 10 at
| tempts far beyond the powers of the human mind
for If The grounds and of the science be
well known, the practice cannot be well known.
But the error, TO which | earnestly allude, is
founded upoh another which is equally false and
row. vz-that students learn the practice only In
practising lawyers office! On the contrt ~ gen
eral rule, II Is The very last place IN which he ever
does or can learn the pracce-and this can be made
extremely manifest w hat Is practice distinguish
| Ell from WtOfy9 axe single eAdmple-hnu TT HiiO
disco The theory law point says to the
student, If lends his watch, and sells 1t,
| fuses 10 return IT, A may bring what is called
ton of Trover and Conversion. Now troper means
bndng and CONVERSION means approprlating IT to his
own use and here, again, the student learns two
other theoretical law ponts-viz. that the finding Is
now mere verbal fiction, not at all material, To be
prOued-and secondly, that the conversion by the de-
ndant to his olcn use consists IN the mere WITHHOLD
ing the properly from the plaintiff although 1t should
.la lgI. 81,
property for himself OF for any purpose whatever but
! to withhold It from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comes-and that practice
on the plaintiffs part con, lists of thorough knowledge
of he forms rprectdens-and, the defendants part
the like knowledge TO the formula Of the pleas
rejonders &c. There are therefore books Of preee-
dents these books unfold every practical proceeding
whatever, IN every action known to the Iaw--pro.
gresslvey from the importation Of the i0i to the final
return upon the ereelaion. These formula of wrs
returns 10 wrts-appearances observation-disclosures
-contnuaHces-mpannelli of jufies -tral-eI-
ceptioDs-verdict- jud Observation-Disclosures of
executon-or, on the other hand new trial-or APP
peal &c, &c.-sre all set forth in the ipreeed MS
that, he who knows most Of prtcedeHk, knows most
of practice but stll these pTecedents them
selves be undo sioOd, without previous thsorsficai
know ledge The question, then resolves itse into thu
Cannot q law student be well grounded ia al The
piecedents, afo serst who never ~ aci..'R az
lawyers office And why not 2 On the cont ~
cannot he learn far more OF practice by The iud-
cous and careful study Of all the formula vhi-h b.
never does in practising lawyers oilicrl than by
writing rather copying tho,e simple and occasion.
al dec afatons pleas &c which he master Of an office
assigns 10 the sudent1 T. il not uniformly the case
that all really difficult and responsible business Of this
is done by the master himself without ever reach
ing the eye of the sludent-or, II II does only me
chanically eopyitl Again: Who can distinguish be.
tween real suiIin court and fictitious IN which
one student prepares the grit-another the return
another he decaraiion- some other the pea, &c.
until all the practical proceedings gone through
And hat prevents these students making record Of
the whole and then comparing all with a certified
cord f ON court of justice in like action All
this surely may be done IN Law lnsututlon-and far
b ter-more quietly with more time thar in busi.
ne,s offices where many precious hours often lost IL
useless messages-long waks-tfanscr bing letters
eopting mot devising) declarations pleas replica.
| tons &c so generally the sole workmanship the
master Of the office and very seldom that Of the
student confess that all this j. to my mind extreme
ly Main and has long ished me Of The popular and
/ serious error which has placed young IN Offices
where little either otheury or practice il learnt This
surely - not always the case bot is too often such
asmany despondng students have found and othcrs
| have been compelled to confess, that they never
learned much oftheOry Of practice until after hev
came 10 n. Bar but at which time, It found very
uphill and arduous work, and sometimes accom-
rish.d even through a whole life Of toll Doubtless
there are many noble exceptions TO The correctness Of
these remarks but still, aver it fact, that my
experience has never made me acquainted With any
to,,ne lnoyer, who in candid conversation, was not
wiling 20 confess tia, his legal education had been
very hap-hazanl-and hat praoiies 10 any really val
/ liable and abiding extent rs the last thing a student
can ever hope Tor IN practising lawyers Office.
After an extensive practice Of seven and twenty
wears in all Of the courts, and devotion 10 The int
rests Of lac students, during much ofthat period u may
not be- too much TO say that practice be lost
/ a ~
cal sarooneS Of legal education, unworthy e an en-
lirhtened lawyer, could ever palronisc the nt
nation thai such an lsst uton only adopted for
the incubation ofthe science aud Of the art of our