The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-25
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

IN THE UNITED STATES
TN the year 1924 under the auspices Of the onse,
atty OF Maryland, established in the city OF b,'-
timofe Law School under the denomination OIL INC
MARYLAND Law Institute. This establishments eonr
nued in successful operation nearly eleven ssAs, "s
ing received students from eieren OF 'he ota'esi anu
from two foreign countries. Owing TO the pressure
of an extensive practice simultaneously with The du
ties which the Institution Involved resolved, III tue
wear 1886 to abandon iy the practice OF my ever
and long cherished profession, bat also the Law iosu
Iule and for health and ease, sought inc more
climates Of Europe. Finding, al this Tune, n'y heai'n
perfectly restored and with II no abatement Whatever
of my zeal and devotion TO that great science "hion
in this county of all others, needs TO be msnodeaiy
and carefully sudied--and seeking, moreover, NOUS
tyous and continued occupaiisn, go essential 10 haPp'
ness in land that knows no oilers reso ed 10 ieo,a
blish the Law lnstluton-and have selected fhita'
diphia as The place Of It's location. in 30 dong nave
thought that city in the Union affords 'ueh various
and ample Inducements for all the purposes o' tho
| Law Student-aDd 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 In regard to The pa''e-
,ia,s of my enterprise induce to anticipate similar
| inquiries now-and, To meet all such IN advance,
now address this Circular, all that can oier IN
explanation, and probably, as all that may be requ'-
| site. .
The Institution, dedicated alone to law studies,
| and BEAUTIFUL building, N. lit South Fifth street,
suitable for the accommodation Of about sixty stu.
dents. The all suitably iurn shed supplied
| with an extensive law and miscellaneous library
triM pyscedns Of practice every conceivable and APP
| proved firm. Students are admitted at any time
| throughout the yearcourses OF study, and the re-
qusito books supplied, as exactly to acct the
wants and views of the student, according as he may
design TO practice his profession either IN the country
or in some of the maritime cities The laws of every
State in the Union in some degree dwelt upon
practice is constantly blended with hsory--but the
deep and radical Of parents, as well as Of Students
is cal efuly AVOIDED audc TO the too erroneous no.
ton that law students be made mere mechanical
artisans-Inere attorneys learning practice by roe, and
Jealous of book knowledge, as being too theoretical
This mischevous error must inevitably degrade the
science and profession, add is gross mistake, since
no practising attorney a.good and lasting one
who was not also deeply versed in the reasons and
theory Of the law. | therefore cannot acquiesce In,
and never will yield to- the vulgar error OF putting
practice before and above theory-it is an unnatural
inrerson Of the established order Of nature-an igno-
rant and sloveny way of urging young men on TO at
templs far beyond the powers Of the human mind
for if The grounds and of the science be not
well known, the practice cannot be well known.
But the error, 10 which | SO earnestly allude, Is
fou aded upoa another, which is equally false and
row. vz.-that students learn the practice only In
practising lawyers office On the contT.ry, as gem
era rule, IL Is The very last place in which he ever
does or can learn the praclice-and this can be made
| extremely manifest What is practice as distinguish
| ed from theory? Take single examp le--and tr uno
disco omnss. The theory or law point says To the
student, if A lends bis watch, and h sells it, re-
fuses to return it, may bring what is called an ac-
ton Of Trover and Conversion. Now frorer means
finding, and conversion sppropriaing it TO his
own use; and here, again, the student learns two
other theoretical law points-vz. that the find rg Is
now verbal fiction, not at all material, or to be
prorsd-and secondly, that the conversion by the de-
f,ndant TO his consists in The mere WITHHOLD
81. l,h. - bod,
be clearly proved that be in no way useo the
property for himself for any pose whatever hul
TO withhold II from the plaintiff.
Now all this theory must be learnt aud good
deal more before the practice comesand that practice
the plaintiffs part con lists of thorough knowledge
of he forms prseedenis-and the defendants part
ofIhe like knowledge 10 the Jornia of the pleas,
rejoinders &c There are, therefore, books Of preee-
dent, these books unfold every practical proceeding
whatever in every action known TO the law-pro
gressvey from the importation Of the critt he nal
return upon the erteltion These jorpiui9 Of writs
returns 10 neutrality-suspicious.
; ontinuances-impannelling of junes -ria-ex-
ceplions-verdct-jud gment-ex'c ution-reiurn OF
execu,ion-or, on the other hand, new trial-or APP
peal &c &c.-are all set forth in the fpTtced is
that he who knows most of prectdehts, knows mos,
of practice but stIli these presidents cannot them
selves be understood, without previous theoretical
know ledge. The question: then resolves itself ihs
| Cannot d law student be well grounded in all the
preoedents, iaio seasu, who never pr Bctsing
lawyers Office And why not On the contrary
cannot he learn far more OF practice by the JUDI
cous and careful study of all the tormur (Which he
never does 10 practising lawyers ofice) than by
writing OF rather copying those simple and occasion
al dec arstons pleas &c, which The Of Office
assigns TO the sudent} Is it uniformly the csst
that all really difficult and responsible business of hi,
is done by the master himself without reach
ing the eye of the sudent-or, If il does only to me
chanically copy it Again: Who can dsting uish be
tween real suit in court, and fictitious one In which
one student prepares the writ-another the return
o another he decoration- some other the ga, &c
until all the practical proceedings gone through
And hat prevents these students making record o
the whole, and then comparing all with rifed re-
cord Il ON court of justice in like action AL
n this surely may be done IN Law Insutution-and fa
uermore quietly land with more time than in hust
ne offices here many precious hours often lost
= useless merssges-'ong ~aks-'Ianscr hing l,tters--
coming mot derising) declarations pleas replica
n tons SC so generally The sole workmanship OF h,
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 me Of the popular an,
serious error which has placed young men IN offices
where little either othcoTy OF prBclcs is learnt This
! surely Is not always the case bot II is too often such
as'many depending students have found and other
have been compelled 10 confess, that they never
i learned much Theory of practice until after The,
came 10 the bar but at which time, II found yer,
no hill and arduous work, and sometimes accom-
pilshcd even through whole life Of toll Doubtless
there are many noble exceptions to the correctness OF
A these remarks but still aver IL as fact that m,
l. experience has never made me acquainted with any
uo,,ng lnoyer, who IN candid conversation, was no
willing 20 confess that his legal education had beer
very bap-hszardand that practice to any really val
liable and abiding extent Is the las, thing student
can ever hope tor IN practising lawyers office.
After a n extensive practice Of seven and twenty
wears in all ofthe courts and devotion to the int
rests ino students, during much OF that period may
not be too much to say that practice be lost
pht ofn this Institution and that nothing but meehan
cal narrorress Of legal education, unworthy e en-
lahtened lawyer, could ever pa'ronlse even the init
nation that such AZ Institution only adopted for
,h linn Of The sclnck md OF the MI If nnI