The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-12
|, CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

TN the year 1874 under the auspices oftcc ontsrt-
| sily Of Maryland, established Ia me .y VI ~
,,ma,e a Law School under the denomination OF 'ne
M.,,l,nd Law Institute. This establishment eoh'i-
nued in successful operation nearly sis,'" y'l ,
ING received students from ossren oil the states, anu
| from two foreign eounries. Owing TO Tue pressure
al ~, extensive practice simultaneously WIN Tue du-
ties which the Institution involved resolved Ia tne
year 1886 abandon not ally the praeuee OF my e's'
and long cherished profession but also he La" i"s'
tute, and for health and ease sought tue more sens'
climates of Europe Finding at this time, my heaiih
rer,cily restored and with abatement whatever
of my zeal and devotion 10 that great scenee, whioh'
ia this county, Of all others, needs 10 be memoeay
and carefully studed-and seeking, moreover INDUS
trious and continued PATTON essential to hnpp-
ness land that knows oilers resol ed To re-esa-
| bsh the Law insttu,ion-and have selected i'hi1a-
depha as The place OF lis location In SO cong nave
thought that city IN the u MON affords such various
and ample inducements for all the purposes OF The
| Law Sutherland that in none can a more worthy
economy be preserved, and yet with every requisite
| comfort
The frequent ppcaons made from dis
tance the former OCCASION in regard to the p@tie-
uLars of enterprise, induce me to anticipate similar
| inq uires now--and to meet all tuch IN advance, ]
| now address this Circular, as all that can oher IN
explanation and probably, as all that may be rsqai-
| site.s
| The Institution, dedicated alone to law studies,
and their cognaie and auxiliary topics, Is spacious
and beautiful building, N - III South Fifth street,
suitable for the accommodation OF about sixty stu.
dents The rooms all suitably iuTn shed, supplied
with extensive law and miscellaneous library
nth precedentS Of practice IN every conceivable and ap-
proved flrn. Studens admitted at any time
throug bout the yeaT-couTses OF study and the re-
quisile book supplied, a. exactly 10 neet the
wants and views o. the student, according as he may
design TO practice his profession, elthe IN the county
in of the maritime cities. The laws of every
State IN the Union are In some degrl. dwelt upon
practice is constantly blended with .aeC'y--bnt the
deep and radical parents, we'll as of students
is carefully avoided-l allude TO the too erroneous mo-
lion that law students 10 be made mechanical
a,tisansmere attorneys learning practice by roe, and
jealous of book knowledge, being too heo reticat -
This scheyous ,rro. iiust 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 reasons and
theory of the law. | therefore cannot acluiesce in,
aud never will yield to- the vulgar error Of putting
practice before and above theory-t is an unnatural
Inversion Of the established order of naiurean igno
rant and sloveny way of urging young men on TO at
temp's far hey ond the powers OF the human lind
for if the grounds and reasons OF the scince DC moi
well known, the practice cannot be well known.
But the error, To which | so earnestly allude, Is
fou ded upon another, which is equally false nd mar
row, viz.--that stu tents learn the practice only in
practising laicyer'S office! On the conirtr y, 10 gen
era rule, II Is The very las, place in which he
does can learn the praclice-and tits be made
extremely manifest What is practice : distinguish
ed from theory? Take single exampIe-and ca uno
disco onlnes The theory or law point says To the
student, ii A lends b his watch, aud b sells it, re-
fuses to return ii, may bring what is called
ton of Tgover and Conversion. Now frorer
indnr, and conversion means appropriatg II TO his
own use; and here again, the student learns two
o.Eer heorefioal Jaw poinis-vz. that The find ng Is
now mere verbal fiction not at all material, TO be
prcued-and secondly, that the conversion by the d..
itndant 10 his consists IN the WITHHOLD
ing the property from the plaintiff although it should
be ever clearly proved that he IN way the
property for himself for any purpose whatever, but
10 WITHHOLD II from the plaintiff.
Now all this Theory must be learnt and a good
deal more before the practice comes-and that practice
on the plaintiffs part cor, lists Of a borough know ledge
of The forms orpreeedens-and, the defendants part
of the like knowledge 10 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 law-pro
gressvey from the importation Of the icrt TO he final
return upon the ereeuiion. These JorBiia of writs
returns io ACKNOWLEDGEMENTS es
COMMUNICATING Anns!'I"g OF Juncs -trioI--rI-
ceptions-veIdict-jud Observation-Disclosures Of
cNecuton-oI, on the other hand, new tral-ur APP
peal, &c, Nc-are all s,t forth IN the ipTeoed MS 20
that, he who knows most of pTeeedeHtS, knows most
of practice but still, these pfecedens cannot them
selves be understood, without previous theoretical
hnowiedge The question, then resolves Itself into ths
Cannot law student be well grounded in all The
pIecedents iaio Sensu, who pr actsng
LAWYERS office : AID why not On the contrary
cannot he learn far more OF practice 10y the jud-
ci1us and careful study of all the toTHur (which he
never does in practising lawy er's office than by
writing, rather copying those simple and occasion
al dec arutions peas &c which he master of Office
assigns 10 the studentl IL it uniformly the case
that all really difficult and responsible business OF this
sort is done 10y the HIMSELF without ever reach
ing the eye OF the slud.nt-or, " II does only
chancally copy IL 2 Again: Who can distinguish hc.
tween real suit in court, and fictitious one 10 which
| one student prepares the vut-another the return
, aLother he declaration some other the p ga, SC
until all the practical proceedings gone through 2
And hat prevents these students making record Of
the whole and then comparing all with certified
cord hom some court OF justice IN like action All
this surely may be done Law Insirtution-and far
tte-more qu.etl land with time than in bus.
ness offices where many precious hours often lust IL
useless messages-long walks-ltanscrbing letters
coyWng mot derisrng) declarations, pleas, replica
tons &c so generally the sole workmanship o the
master Of the office, and very seldom that Of the
student confess that all this Is TO my mind extreme
ly plain and has long ishcd me of the popular and
serious error which has placed young men IN offices
where little either oftbeory ofprsctce is learnt This
surely = not always the case-but 1t is too often such
asimany depending students have found and as Others
have been compelled TO confess, that they never
> learned much Of theory of practice until gfer heu
came 10 n. bar but at which time it was found very
up-hlIl and arduous work. and sometimes not accom-
pi.shed even through whole life Of toll Doubtless
there a5c many noble exceptions 10 The correctness Of
these remarks but still aver il ~ a fact that my
experience has never madc me acquainted With any
votlng la;oper, who IN candid Conversation ives not
willing 20 confess that his legal education had been
very haphaZard-and that practice 10 any really val
liable and GbidiHg extent, rs the last thing student
can ever hope for u practising lawyers tfice.
After an extensive practice Of seven and twenty
years in all If the courts and devotion to the in-
rest Of io dudsai during much Of that period It NAV
not be much 20 say that practice never be lost
light ofn this Institution and that nothing but p,cchar-
cal narroicnes Of legal education, unworthy # an en-
hghtencd lawyer could ever patronise the init
nation that such Institution only adopted for
the medication ofthc Eoifnee and not Of the art Of our