The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-24
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

IN THE UNITED STATES.
TN the year 1924 under the auspices Of the unver-
sity of Maryland established in the city OF Bal
tinofe Law School, under the denomination of the
Maryland Law Institute This establishment conf
nued In successful operation nearly eleven years nav
ing received sudens from ssrea OF the States, and
from two foreign countries. Owing 10 the pressure
of ensise practice, simultaneously Win the du-
ties which the Institution involved resolved In The
year 1886 To abandon not ally the practice oil my ever
and long cherished profession but also the Law losii-
and for health and ease, sought the more genial
climates of Europe. Finding at this lime, my health
perfectly restored and with II abatement whatever
Of my zeal and devotion that great seience, which,
in this county, OF all Others needle TO be nefhodieay
and carefully studied-and seeking, moreover, INDUS
trious and continued occupation essential 10 hsppi
In land that knows idiers reso' ed 10 e-csta-
bsh the Law lpsttulion-aDd have selected Phila'
dpha the place OF lis location. In SO doisg have
thought that city in the Union affords such various
and ample Inducements for all the PURPOSES OF The
Law Sutherland that In none can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made TO me from dis
lance, the former OCCASION ia regard to the parte
uia's of my enterprise induce 10 anticipate similar
inquiries Dow--aud, To meet all such 10 advance,
now address this Circular, all that | offer IN
explanation, and, probably all that may be reqol-
| site.
| The Inslitution dedicated alone to law studies,
and their cognae and auxiliary topics, spacious
and beautiful building, NJ. III South Fiilh street,
suitable for the accommodation of about sixty stu.
dents. The all suitably urn shed, supplied
| with extensive law and miscellaneous Library
NTH precedents Of practice in every conceivable and APP
| proved form. Studtns admitted at any time
throughout the year--courses OF study, and the re-
quislte books are supplied 30 as exactly to 6eet the
wants and views of the student, according he may
design practice his profession eher in the country,
in 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 OF parev well of students
is carefully avoided aliude 10 the too
ton that law students are TO be made mechanical
a,tisans-Inere attorneys learning practice by role, and
jealous of book-kno,oiedge, being too theoretical
This mischieyous error must 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 veTsed in the and
theory Of the law. therefore cannot acquesce in,
and never will yield 10, the vulgar error Of putting
practice before and above theoryit is unnatural
Inversion Of the established order Of naure-an igno-
rant and sIovenIy way of urging young on to at
tempts far beyond the powers of the human mind
for if the grounds and of the science be
well known, the practice cannot be well known.
But the error TO which earnestly alIude, is
fou pded upoA another which is equally false and mar
row, vz-hat students learn the practice only in
practising lawyers otice' On the contrary gen
erai rule iii the very last place in whi,h he ever
does or can learn the pracice-and this can be made
1
cd from theory? Take a single example-and er
disco The theory law point says TO the
student if lends his watch, and sells it,
| fuses to return it, A may bring what is called
| ton of Irover and Conversion. Now frorer
6nding and conversion appropriating it to his
own use and here, again, the student learns two
other theoretical law ponls-viz. that the finding s
now We bal fiction, not at all material 10 be
proped-and secondly that the conversion by the de-
| PENDANT to his consists in the withhold
ing the properly from the plaintiff, althoug it should
be ever clearly proved that he in way used the
property for himself, for any purpose whatever but
to Withhold 1t from the plaintiff.
| Now all this theory must be learnt and good
deal more before The pracce comes-apd that practice
on the plaintiffs part consists of thorough knowledge
ofthe forms PRECAUTIONARY the defendant part,
ofthe like knowledge to the formula of the pleas,
rejoinders &C. There are, therefore books Of prtce-
dents these books unfold every practical proceeding
whatever in every action known 10 the aw--pro.
gressvey from the importation of the T1it TO the final
return upon the ereeution These formula Of wrts
returns 10 bail--iu, PnIlances
ACKNOWLEDGEMENTS of juries -trial-eI-
ceptions-veIdict- Observation-Disclosures of
eXecution--or on the other hand, triaI-or APP
peal &c &c.-are all set forth in the ypreced MS so
that, he who knows most of precedeats, knows most
of practice butstrl these precedenis canno, them
selves be unde rstoud, without previous theoretical
know ledge. The question: then Itself into this
Cannot law student be well grounded in all the
precedents, iato sensu, who never pr actising
| lawyers office And why not 7 On the contrary,
cannot he learn far more OF practice by the iudl-
cious and careful study of all the formula which he
never docs ia practising lawyer office) than by
whiting, OF Father copying, those simple and occasion
al declarations pleas &c, which he of office
assigns to the siudentl Il it uniformly the case
that all really difficult and responsible business of this
is done by the master himself without reach
ing the eye of the siudent-or It does only a.
cbanicaly copy III Again Who can dist nguish be.
tween real suit in court, and fictitious which
al. IL
another he declaration some other The pea, &c
until all the practical proceedings gone through
And ha, prevents these students maxim record of
the whole, and then comparing all with a o rtiied re-
cord fiom court of justice in a like action All
this surely may be done Law Insnlution--and far
tter-moe quietl i-and with time tina in busi.
nes Offices where many precious hours are oft en- lost 10
useless messages-long walks-transcr bling l,tlers-
copying (not dersng) dcclsI atoms, pleas, replica
tons DC. SO generally the sole workmanship the
master of the Office and very seldom that of tn,
student confess that all this is TO my mind extreme
ly plain, and has long is6ed of The popular and
serious error which has placed young offices,
where little either oftbcory or OF practice is learnt This
surely Is always the case-but il is too often such
asmany desyondg students have found and as Others
have been compelled to confess, that they never
learned much Of theory or Of practice until after they
non, 10 fhs bsr but at which time II was found very
ur hill and arduous work, and sometimes accom-
pshed even Though whole life Of toll Doubtless
there many noble exceptions 10 The of
these remarks but still, aver II "a fact that my
| experience has made acquainted with any
| young laoysr, who, IN candid conversation was no,
willing 20 confess that his legal education had been
very hap-hszardand that praofioe any really val
liable and abiding extent, Is the last thing student
can ever hope Tor IN practising lawyers office.
| After an extensive practice Of seven and twenty
wears in all Of the courts and dcv oion To the ini-
rests Of lar students during much of that period 1t may
no, be much to say that practice be lost
light fn this institution and that nothing but meeani
cal narrotrness Of legal education unworthy # an en-
Iighteped lawyer could ever parobise the init
nation that such lnsti ution only adopted for
,tinn of the nd of the on,