The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-10
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.


-
TN tho year 1924 under the auspices ofthe Unset-
atty of Mary land ! established IA the CITY OF bal
timofe a Law School, under the denoninatio" Of inc
Maryland Law Institute. This establishment CONT
nued ia successful operation nearly elesen years, bas
inq received students from escsa OF ths States, and
| from Two foreign countries. Owing TO the pressure
of extensive practice, simultaneously win tne du-
iies which the Institution involved resolved ia tue
year 1886 abandon not ally the practice OF my ever
and long cherished profession, but also the Law Ins'.
tute and for health and ease sought the more genia
climates OF Europe. Finding, al this tme my heahh
perfectly restored and with II no abatement whatever
Of my zeal and devotion TO that great science, whoa
in this country Of all Others needs TO be ifhodcaAy
and carefully s,udied-and seeking, moreover, indus
trious and continued occupation essential TO happ-
in land that knows oilers resols ed to reesa-
blsh the Law Instuon-and have selected Phtla
deiphia he place of its location. In soisg 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 on the former OCCASION in regard to the pariie
uiars of my enterprise induce me TO anticipate similar
| inquiries now-apd, TO meet all such in advance,
| now address this Circular, all that offer in
PLANTATION, and, probably, as all that may be requ-
| site.
| The Institution, dedicated alone to law studies
and their cognae and auxiliary topics, a spacious
and beautiful building NJ. III South Fifth street
| suitable for the accommodation Of about sixty stu
DENTS The all suitably furn shed, supplied
with an extensive law and miscellaneous library
sc prscedes Of practice in every conceivable and APP
| proved form. Students admitted at any time
throug bout The yeaT-courses OF study, and the re-
quisile books are supplied as exactly to meet the
wants and views of the student, according he may
design practice his profession eher in the country
or in some Of the maritime cities The laws of every
State in the Union are In some degree dwelt upon
practice is constantly blended with heo,y-but the
deep and radical error of parens well of students
is carefully avoided aliude To the to erroneous
ton that law students to be made mechanical
artisansmere attorneys leaning practice by roe, and
jealous of bookkn0Uiedge being too heor efical -
This mlschevous error must inevitably degrade the
science and profession, and is gross mistake, since
practising Attorney was good and lasting one
who not also deeply versed in the and
theory of the law. ! therefore cannot acquiesce in
and never will yield TO, the vulgar of putting
practice before and above theory-it is unnatural
inrersion of the established order Of naurean ig no
rant and sloveny way of urging young men on TO at
| temp,s 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 | 30 earnestly allude, is
fou ded upoh another which is equally false and
row, vlz-tha students learn the practice only in
practising lawyers office On the Contrary as gen
eral rule, 1t is The very last place in which he
does, learn the praclice-and this be made
extremely manifest What is practice distinguish
ed from theory? Take single example-and uno
disce omnes. The theory or a law point says TO the
student if lends b his watch, and sells it, re-
fuses TO return il, may bring what is called ac-
ton of Trover and Conversion. Now irorer means
binding, and conversion means approprlating II to his
own use and here again, the student learns two
other theoretical law polnts-vz. that the finding is
now mere verbal fiction, not at all MATERIAL or 10 be
propsd-and secondly, that the conversion by the de-
indant TO his o,en use consists in the mere WITHHOLD
ing the properly from the plaintiff, although should
be clearly proved that he in no way used the
property for himself OF for any purpose whatever but
10 withhold Il from the plaintiff.
Now all this theory must be learnt and good
deal more, before the practice comesand that practice
on the plaintiff part con'ists of thorough know ledge
of the forms or precdens-and. the defendant part
ofihe like knowledge to the Joyrntie of the pleas
rejoinders &c. There are therefore books Of prece-
dents; these books unfold every practical proceeding
whatever, In every action known to the Inw--pro.
grcssvely from the Importation Of the iof to The final
return upon the erectaion. These formula of wris
returns 10 s-ba-impai lances
acknowledgement of juries -irial-eI-
ceptions-verdct-j dgment-eI ,cution-return Of
execution-oI, on the other hand, new tral--or APP
peal &c, &c.-are all set forth IN the ipreoed so
that, he who knows mo.t of preeedeHts, knows most
Of practice but still, these precedens them
selves be understood, without previous theoretical
know ledge. The question: then resolves se into TIN
Cannot a law student be well grounded in all the
precedens, idfo se,lsu, who never 4 pr sctsing
awyer's office 7 Aud why not On the contrary
cannot he learn far more of practice by the JUDI
cious and careful study of all the formula (which ne
never does in practising lawyers ohice) than by
writing, OF rather copying, those simple and occasion
al declarations pleas &c, which The of Office
assigns to the STUDENT l. il not uniformly the case
that all really difficult and responsible business Of this
sor, ia done by the master himself without reach.
ing the eye Of the sudent-or, if it does only 10 me-
chanicaly copy IL Again: Who can distinguish be-
tween a real suit in court, and fictitious one 10 which
one student prepares the wrt-another the return
another The declaration-s some o,her the pea &c
until all the practical proceedings gone through
And whst prevents these students making record OF
the whole, and then comparing all with a certified re-
cord ON some court Of justice in like action All
this surely may be done Law Instnutionand far
tter-more quietl,-a with time thar in bus
ness offices where many precious hours often lost ia
useless messages-long waIks-tIanscr bling ,tters-
oopyng mot dSr,sing) declarations pleas replica.
tons &c. generally the sole workmanship o. the
master of he office, and very seldom that Of the
student confess that all this is 10 my mind extreme
Nv plain and has long isfed me of he popular and
serious error which has placed young men IN Offices
where little either oftheory Of practice learnt This
surely not always the caseb bot II is too often such
agnsny LYondfng students have found and rs others
have been compelled 10 confess, that they never
learned much Of theory or ofpractice until qner hey
came ks BAY but, at which time, it found very
phil Ind arduous work and sometimes no, accom-
shed even through a 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
young la,ryer who, IN candid Conversation was not
willing 20 confess that his legal education had been
very hap-bszsrdsnd tbs, practice any really val
liable and GbdiDg extent, ~ the last thing student
can ever hope Tor IN practising lawyers cfice.
After q extensive practice Of seven and twenty
years in all ofthe courts, and devotion to the int
iac students, during much Of that period may
not be too much say that practice can never be lost
light ofn this institution and that nothing but sehani
cal narroroness Of legal education unworthy e an en-
liphtencd lawyer could patronise even the init
nation, that such Inst was outy adopted cor |
the medication ofthc science and not of the ar of ou