The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-16
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN the year 1921, under the auspices oftbe Uniser-
i atty of Maryla established IN the city ot Bal
timore Law School under The denomina alton OF the
Maryland Law Institute. This establishment cont
nued In successful operation nearly eleven years has-
ing receive students from secea OF the States aud
| from two foreign countries. Owing To the pressure
OF extensive practice, simultaneously win the du-
ties which the Institution Involved resolved IN Tue
year 1886 TO abandon y the practice OF my ever
and long cherished profession, but also the Law losi-
tute and for health and ease, sought the more genial
climates of Europe. Finding, al this time, my heailh
perfectly sstored and with II abatement whatever
of my real and devotion 10 that great science which,
in this county, OF all others needs 90 be Dethodeafy
and carefully sudied-and seeking, moreover indus
tous and continued occupation, essential to happ-
in land that Knows iers reso 'eJ TO e-esta-
| blish the Law lnsttu,ion-and have selected Phita-
deihia asi the place of lis location IN doisg have
thought that city in the Union affords such various
and an pie Inducements for all the purpos, OF the
| Law Sutherland that in none a more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent app ica,iops made TO from dis
lance, ON the former occasion, regard 10 the pdre
utUs Of my enterprise Induce TO anticipate similar
| inquiries now-and, To meet all such in advance,
now address this Circular, Is all that l offer IN
explanation, and, probably all that may be reqni-
| site.
The Institution, dedicated alone to law studies,
and their cognae and auxiliary topics, spacious
| !.
suitable for the accommodation of about sixty stu
dents. The all suitably furn shed, supplied
with an extensive law and miscellaneous libray-
c precdents Of practice in every conceivable and APP
proved firm. otud.ns are admitted AT any tine
| throughout The ycar-courses Of study, and the re-
giiiste books supplied, exactly to meet the
wants and views of The student, according he may
design 10 practice his profession ether in the country,
or in some of the maritime cities. The laws Of every
State in the Union arc in some degree dwet upon
| Dra ia \ led wi
deep and radical OF parens well Of students
is efuliy avoided alIude the erroneous
lion that law students TO he made mechanical
ar,ans-mee attorneys, learning practice by roic and
jealous of book-kno,uiedge being too theoretical
| This mischievous must inevitably degrade the
science and profession, aud is gross mistake since
practising attorney was ever good and lasting enc,
who was not also deeply vcrsed in the reasons and
theory of the law. therefore cannot acqucsce in,
and will yield to, the vulgar error Of putting
practice before and above theoryl is an unnatural
inrerSion of the established older of naturean gno-
rant and sioveniy way of urging young men on 10 at,
temps far beyond the powers of the human mind
for, If The grounds and reasons of the science be not
| well known the practice cannot be we'll known.
But the error, to which | so earnestly aude, is
iou ded upoa another which is equally false and
row, viz.hat students learn the practice only
practising ia,cyer's office On the CONTRARY gen
eral rule II is The very last place in which he ever
does, can learn the praciice-and this be made
extremely manifest. What is practice distinguish
| ed from theory? Take single exampie-and er
| disco onlnes. The Heory or law point says to the
student, if lends his watch and 3 sells it
fuses to return it, A may bring what is called
| ton of Trover and Conversion. Now iroper means
finding, and conversion means apprnprating IT to his
| own use; and here, again, the student learns two
| other heoretcal law pons-vIz. that the find rlg
now verbal fiction, not at all material TO be
prorsd and secondly that the conversion by the de-
itndant to his consists in the WITHHOLD
ing the properly from the plaintiff although should
be ever So cleai proved that he in way the
property for himself for any purpose whatever but
To 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 art com lists OF thorough know ledge
Of he forms prectdents-and the defendant part
ofthe like knowledge to the Jo,muie Of the pleas
reoinders &c There are, therefore books Of preee-
dents these books unfold every practical preceding
| whatever, in every action known 10 the law-pro
gressively from The importation of the mri To the final
return up,n the erecuiion These Jornuie Of wrs
returns to wri's-appeararccs-b ail--impaIance
| nuances-impdnnelling Of juries -iriaI-c1-
ceptions-veIdct- judgment-cx cu!on-return Of
| execu,ion-or, on The other hand, triaI-or APP
peal &c &c.-are all SIT forth in the !preeed MS SO
that he who knows most Of preeedea Is, knows most
of practice but STILL these pfccedenis cannot them
selves be understood without previous theoretical
knowledge. The question then ives Itself into this
Cannot a law student be well GROUNDED in all the
/ pecedens, tao serrsu, who a pr actisinr
lawyers office And why not Z On the contrary
| cannot he learn far OF practice by the iud.-
cious and careful study of all The formula " hich be
never does in practising lawyers oiiice) than 10y
writing rather copying tho-e siuipe and occasion.
al decarbt ons pleas SC which the master ofan Office
assigns To the studentl l. it unif1rmly the Sc
thai all really difficult and responsible business of this
sor, is done by the master himself without ever reach
ing he eye Of the sudent-or, # does only 10 me
chanically copy ~ Again: Who can dit nguish be-
tween real suit in court, and fictitious one Ia which
one student prepares the vrt-anuther the return
| another The declaration some other the p ca &c
until all the practical proceedings gone through
And what prevents these students making record OF
the whole, and then comparing all with c. r,ificd re-
cord Fl ON some court of ju,tce in like action All
this surely may be done Law Insirution-and far
b.tter-moe quiet, and with time than in buzz.
mess offices where many precious hours are often lost il
useless mesSages-'ong ~aIks-Ianscr bing letters
coming (not derising) declai ATOMS pleas replica
tons sc. so generally the sole workmanship the
master of The ufice, and very seldom that Of the
student confesstha all this Is to my mind extreme
In Main and has long ishcd of the popiar nd
serious error which has placed young men IN Offices
where little either OF theory OF practice is learnt This
SURELY not always the bot is too often such
aymany despondng students have found and o,hers
| have been compelled TO confess, that they never
learned much Of theory Of practice until alter they
came 10 the bar bui, at which time, 1t found very
up-bilI and arduous work and sometimes not accom-
nj shed even thu ugh whole life of toll Doubtless
there ave many noble exceptions TO he correctness of
| these remarks uut riiit aver ~ mat my
| experience has never made me acquainted With any
pouug laruer who, in candid Conversation was no,
wiling 20 confess that his legal education had been
very hap-hszard-and that praciioe to any really val
liable and abiding extent - the last thing student
can ever hope Tor N practising lawyers flee.
| After an extensive practice Of seven and twenty
wears in all Of the couts, and devotion 10 the in-
yests oCidc students during much of tina, period may
not be too much say that practice be lost
light ofn this Ins,ituitn and that nothing but meohan
cal narro,cness Of legal education, unworthy e an en-
liqhtened lawyer, could ever patroLise the init
nation that such an lnst utnn only adopted for
,b nruc,tion Of he scenee and not of the o,i NJ an,