The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-05
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

IN THE UNITED STATES.
TN The year 1924, under the auspices oithe unise,-
sy OF Maryland, established ~ The Guy Of pa,
MARYLAND Law Ins,ilute. This establishment CONT
nued ia successful operation nearly eleven years nav
ing receive students from eeres OF the States, and
from two foreign countries. Owing TO me pressure
OF an extensive practice, simultaneously wan inc uu-
ties which tho Institution involved resolved In the
year 1886 abandon not lily the practice OF my ever
and long cherished profession but also the Law ins'i.
tute and for health and ease, sought the more gena
climates Of Europe. Finding, at this Tine my heai'h
perfectly restored and with abatement whatever
Of my zeal and devotion 10 that great science, which
ia this country, of all Others needs to be neaod'eaHy
and carefully Sunderland seeking, moreover indus
trious and continued occupation essential to happ
ness in land that knows tdters reso ved TO re-esa-
bish the Law lnsttuton--and have selected i'h'ta
dephia The place of its location. in 90 doing have
thought that city in the Union affords such various
and ample Inducements for oil the purposes OF The
Law Student-and that in cun more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made to from dis
lance on the former OCCASION in regard to the partic
ulars Of my enterprise induce to anticipate similar
inquiries now--and, TO meet all such in advance,
now address this Circular, all that can oher In
explanation, and, probably as all that may be Tequr
site. t't,f
The Institution, dedicated alone to law studies,
and their cog nate and auxiliary topics, a spacious
and beautiful building M. III South Fifth street.
suitable for the accommodation Of about sixty stu
dents The rooms are all suitably shed, supplied
with an extensive law and miscellaneous library
Nth scedeas Of practice in every conceivable and APP
| proved form. students are admitted at any time
throughout the year--courses OF study and the re-
quisite books supplied, so as exactly TO acct the
wants and views of the student according as he may
design to practice his profession elher in the country
or in of the maritime cities The laws of every
State in the Union in some degree dwelt upon
practice is constantly blended with hecry--but the
deep aud radical error parens as well as Of students
is carefully avoided aude the too erroneous
ton that law students to be made mechanical
artisa,smere attorneys learning practice by rote and
jealous of book-kn0tciedge, being too theoretical -
This mischievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney good and lasting one,
who 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 unnatural
Inversion of the established order of naturean gno-
rant and slovenIy way of urging young TO at
tempts 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 | earnestly alude, is
founded upoa another, which is equally false and
row, vz.-hat students learn the practice only in
practising acyers office, On the contrary as gen.
eral rule 1t rs The very last place in which he ever
does, or can learn the praclice-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and er sno
disco Dunes The theory or law point says to the
student, if A lends bis watch, and sells it, or re-
fuses To return il, A may bring what is called
| ton of Trover and Conversion. Now rorer means
6ndng and conversion means appropriatpg it to his
| own use and here, again, the student learns two
other theoretical law points-vz. that the finding is
verbal felton, not at all material, or to be
prored-and secondly, that the conversion by the de-
fndant to his consists in the WITHHOLD
ing the property from the plaintiff, although should
be ever so clearly proved that he in way the
property for himself OF for any purpose whatever bu,
| to withhold it from the plaintiff.
| Now all this theory be learnt and good
deal more before the practice comesand that prao
the plaintiffs part con isis of thorough knowledge
of the forms prectdenis-and, the defendants part
of the like knowledge to the tomulG of the pleas
pjonders &c. There are therefore, books Of prece-
dents these books unfold every practical proceed ng
! whatever, in every action kno to the iaw--pro-
gressvey from the importation of the icrit to the final
return upon the erre,aion, These Jorm,ilG of writs
| returns TO wrils-appearar ccs-bail-iu,p arances
| uanccs-impanneling of juries -lrial-ex-
ceplions-yeIdct-j Judgment OF
execution-or, on The other hand, trial-or APP
peal, sc, &c.-are all set forth in the fpreced MS SO
that he who knows most of precedeats, knows most
of practice but still, these procedenls them
selves be undo rstood, without a previous Meoreica
know ledge. The question: then resolves itself into this
Cannot a law student be well grounded in all the
preccdens, iaio sensu, who never saw pr scising
| lawyers Office And why not On the contrary
cannot be learn far more of practice by the ud-
eious and careful study Of all the forBIG (which he
never does in practising lawyers ofiice) than BY
writing, rather copying those simple and occasion
| al declarations pleas &C. which the master If n Office
assigns to the student1 Il ii uniformly the cssf
thai all really difficult and responsible business of this
so Is done by the master himself without ever reach
ing the eye Of the s,udentor f il does only to me
chanically copy hl Again: Who can distng uish be-
tween real suit in court and fictitious one in VIII oh
one student prepares the writ-another The return
another he declaration some other the pea, &c
until all the practical proceedings gone through
| And what prevents these students making record o.
the whole, and then comparing all with c, rliied re-
cord Fl ION court Of justice in like action AL
this surely may be done ~ a Law lnsItuton-and fai
b ,,er-more quietl, and with time than in bus
ness Offices here many precious hours often lost ia
useless messages-,ong waks--lranscr bling letters
eopying (not deuising) declarations, pleas, replica
lions &c. generally the sole workmanship OF the
master of the office, and very seldom that Of III,
student confess that all this j. to my mind extreme
w plain and ha. long sa isGed of the popular snd
serious error which has placed young IN Offices
where little either oftboory OF practice is learnt This
surely not always The cascbut II is too of such
as,many deponding students have found and other,
have ben compelled 10 confess, that they never
learned much oftheOy or Of practice until dfier he,
on,ne 20 the bar but at which time, II found very
no. hill and arduous work and sometimes no, accom-.
pished even thi,u Ugh whole life Of toll Doubtless
there are many noble exceptions to The correctness
these remarks bot still aver ii fact tina, my
experience has never made acquainted with any
voung ia,ryer, who in candid conversation, was not
willing 20 confess that his legal education had been
yery haphszmd-and that practice, to any really val
liable and abiding extent " the last thing student
can ever hope tor IN practising lawyers office.
After an extensive practice Of seven and twenty
wears in all the courts and devotion the int
rests Of lnc students, during much Of that period il may
no, be too much to say that practice be Lost
ioht ofn this Institution and that nothing but mtohai
cal uarro,cness If legal education unworthy Il en-
liIhencd lawyer, could ever paroniSe even the int-
nation that such an Institution was only adopted for
the incubation ofthe science, and not Of the art Of