The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-03
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924, under the auspices the UnyeI-
/ sity OF MARYLAND established Ia the city OF Bal
| timore a Law School under The denomination OF the
| Maryland Law Institute. This establishment CONT
nued In successful operation nearly eleven years nav
ing received students from eleven OF the STATES anu
| from two foreign countries. owing 10 tue pressure
OF an exi ensve practice simultaneously w,th tbe du-
ties which rbe Institution involved, resolved IN the
year 1886 abandon not y the practice OF my ever
and long cherished profession, )u also the Law lnsti-
tute and for health and ease sought the more genial
climates OF Europe. Finding al this time, my health
perfectly restored and with II no abatement whatever
of my zeal and devotion TO that great science which,
In this county, of all Others needs TO be metodealy
and carefully studied-and seeking, moreover, indus
trous and continued occupation essential 10 happi-
in land that knows oilers reso cd TO e-esta
blish the Law lnsttutOn-and have selected Phtfa-
deiphia The place OF It's location. In aoisg have
thought that no city IN the Union affords such various
and ample inducements tor all the purposes of the
Law Sutherland that ia none can worthy
economy be preserved, and yet with every requisite
| comfort.
The frequent applications made to me from a dis
lance, on the former OCCASION regard To the pdrc
uiars OF my enterprise induce to anticipate similar
| inquiries now-and, to meet all such in advance,
now address this Circular, all that | can offer in
explanation, and, probably all that may be requi-
| site.
! The Institution, dedicated alone to law studies,
and Their cognae and auxiliary TOPICS spacious
and beautiful bulldog NJ. 1T South Fifth street,
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably urn shed supplied
with an extensive law and mIscells neous library
10Th precedents Of practice in every conceivable and APP
proved form. students admitted at any time
| throughout the yeaT--courses OF study, and the
qulsite books are supplied exactly to acct the
wants and Vows of the student, according he may
design 10 practice his profession ether IN the country,
OF IN some OF the maritime cities. The laws of every
! State In the Union in some degree dwelt upon
practice is constantly blended with, hecry-but the
deep and radical Of parents well of students
is carefully AVOIDED alIudc TO the too erroneous
ton that law students to be made mechanical
ariisansmere attorneys learning practice by rote and
jealous OF book knowledge as being too theoretical -
| This mischevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney was good and lasting one,
who not also deeply versed in the reasons and
theory Of the law. therefore cannot acquiesce in,
and never will yield to- the vulgar Of putting
practice before and above theory- is unnatural
inrersion Of the established order of naturean gno-
| rant and sioveny way of urging young men TO at
iempts far beyond the powers of the human N ind
Tor It The grounds and Of the science be not
| well known, the practice cannot be well known.
| But the error, to which | earnestly alIude is
fou lded upoL another, which is equally false and mar
row, vlz--tha students learn the practice only ia
practising iascyers office On The cJnlI ~ as gen
era rule, 1t Is he very last place IN which be ever
does, or can learn the praclice-and this be made
extremely manifest. What is practice distinguish
disco onnes. The theory law point says to the
student II a lends his watch and sells it, or re-
fuses to return it, may bring What called ac-
ton of Irover and Conversion. Now troper means
finding, and conversion means approprating il to his
own use and here, again, the student learns two
other theoretical law poln,s-yiz that the find is
now mere verbal fiction not at all material or TO be
prorsd-and secondly, that the conversion 10y the de-
iendan to his ocn use consists IN the mere withhold
ing the property from the plaintiff although 1t should
be ever clearly proved that be in way used the
property for himself or for any purpose whatever but
| to withhold II from the plaintiff.
Now all this theory must be learnt and good
deal before the practice comes-and that practice
on the plaintiff part con lists of thorough know ledge
OF The forms or preetdtns-and the defendants part
OF the like knowledge to the jorTnig of the pleas
reoinders &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro.
gressively from the importation of the orii he final
return upon The ereetion. These jornuir of writs
returns TO wrlts-appeara -bail-impaIlance
ACKNOWLEDGEMENTS Of jures -rial-eI- !
ceptions-verdct-Jud gment-eK eculion-return of
execution-oT, the other hand, new triai-or ap-
peal &c, &c.-Hre all set forth in the rpreced MS 70
that, he who knows most of precedeHh knows most
OF practice but stlli these precedents cannot them
selves be understood without a previous theoretical
know ledge The question: then resolves Itself this
Cannot law student be well grounded in all the
pecedents, iato sersu, who never saw practising
lawyers office And why not On the contrary
cannot he learn far OF practice by the iudi-
cious and careful study Of all the formula (which he
does in practising lawyers ofiicel than by
whiting, OF rather copying, tho,e simple and occasion
al dec aratons pleas &c which the master If Office
assigns 10 the STUDENT l. il not uniformly the case
that all really difficult and responsible business OF this
sort Is done by the master himself without ever reach
ing the eye Of the sludent-or # 1t does only To me
chanicaly copy it, Again: Who can distinguish be.
tween real suit in court and fictitious one IN which
one student prepares the vnt-another the return
another The declaraton- some other the pea, sc
until all the practical proceedings are gone thfough
And hat prevents these students making record of
the whole, and then comparing all with a O rtifed re-
cord flom court Of justice 10 a like action All
this surely may be done m Law lnsItuton-and far
ttet-mofo quietl iand with more time than i'm busi.
offices here many precious hours often lost IT,
useless messages-ong ~alks-,anscr,bing letters
copying (not derisng) declarations pleas replica
tons SC generally the sole workmanship o. the
master Of The Office and 30 very seldom that Of the
student confess that all this Is my mind erlreme-
IN plain and has long isied me Of he popuLrr and
serious which has placed young men IN Offices
where little either ofthoory practice is learnt TINS
surely IS not always the csso-but II IL too often such
asman depending students have found and as others
have been compelled TO confess, that they never |
learned much oftheory Of practice until after hey
came 10 hs bsr but, at which time IL wAs found very
uphill and afduous work and sometimes not accom-
piishrd through whole life Of toll Doubtless |
there arc many noble exceptions TO he correctness of
these remarks but still, aver it a. fact that nv
experience has never made acquainted with any |
Young la,ryer who IN candid conversation was not /
wiling 20 confess that his legal education had been
very hap-hszard-and th,t practice 10 any really val
liable and abiding extent - the last thing student
can ever hope for N practising lawyers Office.
After al extensive practice Of seven and twenty
years IN all Of the oouts and devotion 4, the ini,-
rests Of lao students, duung much ofthat period II may
not much TO say that practice never be lost
ght on this institution and ha, nothing but nsohani-
cal naroonss Of legal education, unworthy Il an en-
hgbtened lawyer could ever patrobise the int.
nation, that such an Inst tuition only adopted for