The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-27
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN The wear lt2t under the auspices ofthe Unver
i sity OF Maryland | established IN the city OF bal
timofs Law School under the denomination oil the
Msryand Law Institute. This establishment cont
Dued Ia successful operation nearly eleven years nav
ing received students from etsren oil tue oa'es anu
from two iore'ga countries OWING 10 ,ne pressure
of extensive practice, simultaneously win 'ne uu-
ties which the Institution involved resolved, In the
year 1886 TO abandon not lily the practice OF my ever
and long cherished profession but also the Law ins
tute and for health and ease, sought the more gehe'
climates of Europe FIndiog at this time, my health
perfectly restored and with abatement whatever
Of my zeal and devotion that great science which,
In this county of all others, needs TO be meodaeaiiy
and carefully sunderland seeking moreover INDUS
t'ious and continued occupacn essential to bappi-
in land that knows iders resolS led TO re-esa
bsh the Law lnstltuiion-and have selected Phiia'
dephia the place of its location In dong have
thought that city 10 the Union affords such various
and ample inducements for all the purposes OF the
Law Sutherland that in worthy
economy be preserved, aud yet with every requisite
| comfort.
The frequent applications made TO from dis
lance the former OCCASION in regard To the pntio
ulas OF my enterprise Induce me to anticipate similar
inquiries Dow-and, to meet all such in advance,
address this Circular all that i can offer IN
explanation, and, probably, as all that may be requ-
| site.
The Institution, dedicated alone to law studies
and their cognac and auxiliary topics, rs spacious
and beautiful building NJ. III South Fifth street
suitable for the accommodation Of about sixty stu
| dents. The rooms all suitably iurn shed supplied
with extensive law and miscellaneous library
1h preeedents Of practice in every conceivable and APP
proved Grm. Studenis admitted at any time
throughout the year-courses OF study, and the re-
quislte books are supplied exactly To meet the
wants and of the student, according he may
design practice his profession, either the country
| or in come Of the maritime cities. The laws of every
State in the Union are in some degree dwelt upon
practice is constantly blended with fheoyy-but the
deep and radical of parents well Of Students
ia afu all IN thef
ton that law students To be made mechanical
aisa's-nere attorneys learning practice by ro,e and
jealous of acknowledge, being theoretical -
This mschlevous error must inevitably degrade the
science and profession, and is gross mistake since
practising attorney was good and lasting cne
who was not also deeply veTsed in the and
theory Of the law. therefore cannot acquiesce in,
| and will yield to, the vulgar error of putting
practice before and above theory-it is un natural
Inversion of the established order Of naturean gno-
rant and slovenIy way of urging young
tempts far beyond the powers of the human mind
for, if the grounds and reasons of the science be
| well known the practice cannot be well known.
| But the error, to which | 80 earnestly alude, is
founded upoa another, which equally false and
row, vz-hat students learn the practice only in
practising a,oyers office! On the conr4ry as gen.
eral rule, II Is he very last place in which he
does, or can learn the praclce-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and
disco omnfs. The theory or law point says TO the
IL,
fuses to return it, may bring what ia called an ac-
ton of Irover and Conversion. Now fropsr means
binding, and conversion means approprating II TO his
own use; and here, again. the student learns two
other theoretical law points-viz. that the find ng is
now mere verbal fiction, not all MATERIAL or to be
propsd-and secondly, that the conversion by the de-
fendan TO his consists in the withhold
ing the property from the plaintiff, although should
be ever clearly proved that he in way used the
property for himself, for any purpose whatever but
| 10 withhold II from the plaintiff.
| Now all this theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiff part consists of thorough know ledge
of he forms PRECAUTIONARY the defendant part
Of the like knowledge to the JorD,ug of the pleas
rejoinders &C. There are, therefore books Of pyece-
dents those books unfold every practical proceeding
whatever, IN every action known to the aw--pro
gressvely from the Importation of the prif to the final
| return upon the erectaon. These formulg of wris
returns TO wrIts-appearapces-baiI-im paI lances
| ntinuances-impannelling of juries -trial-eX-
cepons-yerdict-j udg ment-execulion-return of
eXecution-or, on the other hand, tria--or APP
peal SC, &c.-are all set forth in the 'preeed MS so
that, he who knows mo,t of preoedeEfS, knows
of practice but still, these Precedents cannot them
selves be undo rsood without previous theoretical
knowledge. The question: then Itself into this
Cannot law student be well grounded in all the
pIecedents, Ldto Sensu, who saw a or actisnr
lawyers office 2 Aod why not On the contrary,
cannot he learn far more OF practice by the Judi
cous and careful study of all the formula (which he
writing rather copying, tho,c simple and occasion
al dec aratons pleas &c, which The Of office
assigns to the sudentl L. it not uniformly the case
that all really difficult and responsible business OF this
sort Is done by the master himself without reach
ing the eye of the student-or, if does only 10 me
chanicslly copy III Again: Who distng ulsh be.
tween real suit in court, and fictitious which
one student prepares the wrt-anothcr the return
, another the declaration 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 riified
cord ON court of justice in a like action All
this surely may be done a Law InstItuton-and far
b ter-more quietl--an with time tina in bus.
offices, where many precious hours often lost ia
useless messages-long ~alks-tIaDscr bing letters
copying mot derising) declarations, pleas replica
tons &c so generally the sole workmanship OF the
master Of the office, and seldom that Of the
student. confess that all this is to my mind extreme
ly plain and has long sfed Of the popular and
serious error which has placed young men IN Offices
where little either theory ofprscice learnt This
surely Is not always the case-but II IL too often such
as'many desponding students have found and Others
hav. been compelled TO confess that they never
learned much of theory or Of practice until qner they
came 10 the bar but at which time It was found very
hill and arduous work, and sometimes not accom-
pilshed through 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
vo,ng a,oyer, who, IN candid Conversation was not
Wiling 20 confess that his legal education had been
very haphazard-and hat practice, to any really val
liable and abiding extent, Is the last thing student
can hope tor IN practising lawyers office.
After an extensive practice Of seven and twenty
wears IN all of the courts and deyoon TO the int
rests of lac students dunq much of that period !, NAV
not he much to say that practice be los
ipbt ofIn this lnsttuir and that nothing but ueohan
cal narrorneS Of legal education unworthy f an en-
lishtened lawyer could ever patrooise even the int.
nation that such Inst utinn only adopted for
the incubation of the science and mol Of the art our
profes sion--an intmation confined, doubtless to
l,t. D., ia CT. al