The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-02
4 CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.


TN the year 1874 under the auspices otthe Unisei-
siiy of Maryland established IN the ci'y VI pa'-
timore Law School, under The denomination OF 'po
Maryland Law Institute. This establishment eoh''-
nued IN successful operation nearly eleven Neair nav
ing reeeiv students from eieren OF the States ana
from Two foreign countries. Owing To the pressure
OF an extensive practice simultaneously WIN inc uu-
ties which the Institution involved resolved IN the
year 1886 10 abandon not liy the pactte OF my ever
and long cherished proession but also the Law i"s'i
tuie aud for health and ease sough, the more GENIAL
climates OF Europe. Finding, at this tune, my heal'h
perfectly stored, and wih II no abatement Whatever
of my zeal and devotion 10 that great science WINCH
in this country of all others needs TO be nsfhodcany
and carefully sludied--and seeking moreover, inaus
trous and continued occuRain SO essential 10 haPp-
la land that knows oilers resolves To Ie-er'a-
blish the Law lnstlulon--and have selected Fhita'
deiphia the place of It's location. la so dong have
thought that city in the Union affords such various
and ample inducements for all the purposes OF Tue
Law Sutherland that in none can a more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app ications made to me from dis
lance, The former OCCASION in regard to The pare-
,ars of my enterprise, induce me 10 anticipate similar
inquiries now--and, to meet all such in advance ]
now address this Circular, all that ! can offer IN
explanation, and, probably as all that may be requi-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, Is spacious
and beautiful building, N. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The rooms all suitably tum shed, supplied
with an extensive law and miscellaneous library
io preceden Of practice IN every conceivable and APP
proved flrn. Studen are admitted at any time
throughout The year--courses OF study, and the re-
quisite books supplied, as exactly TO acct the
wants and views of the student, according as he may
design 10 practice his profession cnher III the country,
.ptl mar iftu,a he IoXpa af
State in the Union are in some degree dwelt upon
practice is constantly blended with HeCry-but the
deep and radical error OF paeS as well of students
is carefully avoided ailude TO the too
ton that law students TO be made mere mechanical
ariisans-meTe attorneys learning practice by rote and
jealous of book knowledge, 40 being too theoretical
This mischievous error must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney good and lasting one,
who was not also deeply versed IN the reasons and
theory of the law. | therefore cannot acquicsce in
and never will yield TO, the vulgar error of putting
practice before and above theoryit is AN unnatural
inreraon of the established order of naurean igno-
rant and slovenly way OF urging young men on 10 at
temp,s far beyond the powers of the human H. ind
for if he grounds and OF the science be not
well known, the practice cannot be well known.
But the error, to which | SO earnestly allude is
founded upoh another which is equally false and mar
row, vz.-that students learn the practice only in
practising tmcyers oDiee' On the cJntr. ~, as gen
era rule II is The very last place IN which he ever
does, or can learn the praciiceand this be made
extremely manifest. w hat is practice distinguish
ed from theory? Take a single example-and tr u,o
disco onlneS. The theory a law point says to the
student, if lends his watch, and b sells it, or re-
fuses TO return il, may bring what is called an ac-
ton Of Trover and Conversion. Now hoper
binding, and conversion means apprupriating it to his
own use and here, again, the student learns two
other theoretical law poinls-vz. that the finding is
now mere verbal fiction, not al all material 10 be
prored-and secondly, that the conversion by the de-
iendan to his consists in the withhold
ing the properly from the plaintiff although it should
be clearly proved that he in no way USED the
property Tor himself or Tor any purpose whatever but
TO withhold II from the plaintiff
Now all this theory must be learnt and a good
deal more before the pracce comesand that practice
on the plaintiffs part con, lists of thorough LEDGE
of he forms preetdsns-and the defendants paTt
of the like knowledge 10 the formula 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 iaw-pro.
gressyey from the importation of the rii to the final
return upon the ereeiaioR These Tornado of writ.
returns TO writs-appe0rar ces--bai-lnp aIances
continuance s-impannelling of juIies -irial-ex-
ceptions-verdlct-- Judgment-eX of
execulion--or, o. The other hand, new tria-,r APP
peal, &c, &c.-afe all set forth in the pseed MS so
that, he who knows mott of precedeHt, knows most
of practice but stll these presidents canno, them.
selves be understood, without previous theoretical
know ledge The question: then resolves Itself into thus
Cannot law student be well grounded in all the
precedents, iaio seilsu, who never saw or actsnn
lawyers office Aud why not On the contrary
cannot he learn TAR more OF practice by The JUDI
cious and careful study of all The torrg (which he
never does Ia practising lawyers oflice) than by
writing, rather copying, iho,e simple and asion
al declarations pleas &c, which he master Of an Office
assigns TO the studentl L. IL uniformly the cgse
that all really difficult and responsible business of this
sor done by the master himself without ever reach
ing the eye of the student-or, # II does only to me-
chanically copy II Again: Who eau distinguish be.
tween real suit In court, and fictitious one IN which
one student prepares the wnt another the return
another The declarhiiOn-sOme other the yea &c
until all the practical proceedings are gone through
And " hat prevents these students making record of
the whole, and then comparing all with a certified re-
cord from some court Of justice in like action All
this surely may be done IN Law lnsItuton-and 70 r
bttef-more quietly land with more time tina n in bus
ness offices where many precious hours often lost ia
useless messages-lopg walks-,fanscr,binq letters
COPYING mot derising) declarations pleas, replica
tons SC. 50 generally the sole workmanship o. the
master Of the office and so very seldom that Of the
student confess hat all this Is TO my mind extreme
ly plain and has long isfed me of tn popular and
serious error which has placed young men IN Offices
where little either Of theory or Of prscce is learnt This
surely Is not always the case-but II is too often such
asmany deponding students have found and as othes
have been compelled TO confess, that they never
learned much Of theory Of practice until after hty
came 10 The bar but at which time It found very
up-hil and arduous work, and sometimes not accom-
pshed even through whole life Of toll. Doubtless,
there are many noble exceptions to the correctness of
these remarks but still | aver it az aiact that my
experience has never made acquainted With any
votng iaicyer, who 10 candid conversation was not
willing 20 confess that his legal education had been
very haphazard-and that practice to any really val
liable and abiding extent, rs the last thing student
can ever hope for IN practising lawyers Office
After an extensive practice Of seven and twenty
years IN all of the courts and devotion to the inte-
resi- of lac Students during much of that period it may
not be too much say that practice be los,
ight ofn this Institution and that nothing but meohani-
cal narro,cneS Of legal education unworthy e an en-
Ii thtcned lawyet could ever palronise the inti-
nation that such Institution was only adopted for
oft IN, Seienrr and of the an,