The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-04
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

4
IN THE UNITED STATES.
TN the year 1924 under the auspices ofthe Unisei-
l. siiy Of Maryland | established IN the city ot pal
timore Law School under the denomination OF the
Maryland Law Institute. This establishment conu-
nued In successful operation nearly eleven years nr'
ing received students from eren OF the ota'es, ana
from two foreign countries, Owing TO The pressure
of extensive practice, simultaneously with The du-
ties which the Institution involved resolved, In the
year 1886 to abandon mol y the practice Of my ever
and long cherished profession but also the Law Insil-
tute aud for health and ease sought the more Renia
climates Of Europe. Finding, at this tn'e my heai'h
perfectly restored and with Il abatement whatever
Of my zeal aud devotion that grea, science, which,
in this county, Of all Others needs 10 be 'shod'eaHy
and carefully Sunderland seeking, moreover, indus
t'ious and continued occupatoD essential to happi
in land that knows oilers resos ed TO ie-esa-
bsh the Law lnstluiion-and have selected I'h,fa-
dephia the place of its location. In DONG have
thought that city In the Union Affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that in can more worthy
economy be preserved, and yet with every requisite
comlon.
The frequent applications made to from dis
lance the former OCCASION in regard to the pariic-
Ia's Of my enterprise, induce me to anticipate similar
inquiries now-and, to meet all such in advance,
address this Circular, all that can offer in
explanation and, probably as all that may be rcqui-
site
ne INSTITUTION, alone TO law stuules,
and their cognatc and auxiliary topics, Is spacious
and beautiful building, NJ. III South Fifth street.
| suitable for the accommodation Of about sixty stu.
dents. The rooms are all suitably furnished, supplied
with extensive law and miscellaneous library
Nth precedents Of practice in every conceivable and APP
proved frn. Studtn, admitted at any time
throughout the year-oourses Of study, and the re-
qusite books supplied, exactly TO meet the
wants and views of the student according as he may
design TO practice his profession, ether in the country
or 10 some Of the maritime cities. The laws Of every
State IN the Union in some degree dwet upon
practice is constantly blended with heory-but the
deep and radical fparents well Of students
is carefully avoided alludc the too erroneous no
ton thatl law students to be made mechanical
arfsansmere attorneys learning practice by rote and
jealous of book knocledge, being too theoretical
This mlschievous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney was ever god and lasting one,
who was not also deeply veIsed in the and
theory Of the law. therefore cannot acQ uiesce in
and never will yield to- the vulgar error Of putting
practice before and above theory-t is an unnatural
Inversion of the established order Of naturean gno-
rant and soveny way of urging young men on 10 at
tempts far beyond the powers of the human mind
for, the grounds and of the science be not
well known, the practice cannot be well known.
But the error, to which | earnestly aude, is
founded upo another, which is equally false and mar.
row, vzthat students learn the practice only in
practising taryers office! On the contr.ry as gen
does, or can learn the pracliceand this be made
extremely manifest What is practice distinguish
cd from theory? Take single example-and er uno
disco omnes. The theory a law point says to the
student, if A lends his watch, and sells it, or re-
fuses to return it, may bring what is called an ac-
ton of Trover and Conversion. Now troper means
finding, and conversion means appropriating his
own use; and here, again, the student learns two
other theoretical law polnts-viz. that the find ng is
now mere verbal fiction not at all material TO be
9,rOre anil ttx thatsk
frndant to his consists in the mere withhold
ing the properly from the plaintiff although it should
be ever 50 clearly proved that he in way USED the
property for himself for any purpose whatever but
TO withhold It from the plaintiff
Now oil this theory must be learn, and a good
deal more before the practice that practice
on the plaintiffs con lists Of a thorough know ledge
of The forms prectdens-and on the defendants part
Of the like knowledge TO the JorniltlG Of the pleas
rejoinders &c There are, therefore books of prece-
denis these books unfold every practical proceeding
whatever IN every action known to the iaw-pro
gressvey from The importation of the wrt to the final
return upon the erectton. These Jormuie Of wrts
returns TO wrns-appearar ces-ba--in parlances
continuances-impanneling of juries -lraI-ex-
ceptions-verdct- Judgments of
execution-or on the other hand new trial-or ap-
peal &C. &c.-are all set forth in the fpreced MS so
that, he who knows moAt Of precedeats, knows most
Of practice but still, these precedens cannot them
selves be undo rstood without previous theoretical
Canno, a law student be well grounded in all the
precedents, lao sensu, who never a Or actisinp
lawyers ofiice} Aud why not On the contrary
cannot be learn far more OF practice by the iudi-
cious and careful study Of all the formula which he
never does IN practising lawyers offce( than by
writing, rather copying those simple and
al dec aratons, pleas &C. which The master Of ofic,
assigns to the STUDENT Is it not uniformly the csse
tina, all really difficult and responsible business of this
SORT is done by the master himself without reach
0Yf h,a Of IhaS Insl.n "a
chancaly copy II Z Again: Who can distinguish be-
tween real suit in court, and fictitious one in which
one student prepares the vrt-another the return
another the declaration some other the pea &c
until all the practical proceedings gone through
nd hat prevents these students making record of
the whole, and then comparing all with c. rti6ed re-
cord iom some court of justice in like action All
this surely may be done Law InslItution-and far
i,cr-morc quietl and with time thar in busi.
offices where many precious hours often ia
useless messaQes-!ong walks-,ranscr bnp letters
copying mot dersng) declai atoms, pleas replica
tons &c. so generally the sole workmanship OF the
master Of the office, and very seldom that Of the
student. confess that all this is my mind extreme
y plain, and has long ga sfed me of the popular and
serious which has placed young men IN Offices
where little either oftheory practice is learnt This
surely Is not always the casc-but it is too often such
asnany despondng students have found and as others
have been compelled 10 confess, that they never
learned much of theory or Of practice until after fhev
came 10 The bar but which time it was found very
up- hill and srduous work, and sometimes not accom-
pished even through whole life Of toll Doubtless,
there are many noble exceptions to the correctness of
these remarks but still aver it as a fact, that my
experience has never made acquainted with any
young lauyer, who, in candid conversation, was not
willing 20 confess that his legal education had been
very hap-baz,rd-and thai practice to any really val
liable and abiding extent, the last thing 81 uden,
can ever hope Tor IN practising lawyers office.
After In extensive practice of seven and twenty
wears in all Of the courts and devotion to the ine-
rests Of ap students during much of that period !, NAV
not be much to say that practice never be lost
light ofin this Institution and that nothing but eohan
cal na,rornen Of legal education, unworthy e an en-
lrhtened lawyer, could ever palronise even the init
nation, tina, such an Institution only adopted for
nd nd of Of -.