The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-23
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

in TIE UNITED > IA les.
TN the year 1924, under the auspices oftho Unyer-
Il siy Of Maryland established IN the city OF Bai-
timore Law School under the denomination OF the
Maryland Law Institute. This establishment conil-
nued Ia successful operation nearly eleven years, hav
ing received students from eerea OF the States and
from Two foreign countries. Owing TO the pressure
of an extensive practice simultaneously WIN the du-
ties which the Institution involved resolved IN tue
year 1886 10 abandon not lily the practice OF my ever
and long cherished profession, but also the Law insli-
tute and for health and ease sought the more genial
climates of Europe. Finding, at this time, my health
perfectly restored and with II no abatement whatever
of my zeal and devotion 10 that great science which,
in this county, OF all Others needs to be nethodlcay
and carefully sunderland seeking, moreover, indus
trious and continued occupation essential to hoppi-
in land that knows oilers reso we'd TO e-esta-
bsh the Law lnstluton-and have selected Phita'
dephia the place of its location. In doing have
thought that city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that in 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 paTc-
tiias of my enterprise induce to anticipate similar
inquiries now-and, to meet all such in advance,
now address this Circular, all that | offer in
explanatory and, probably as all that may be requl-
site.
The Institution, dedicated alone to law studies,
and their cognaic and auxiliary TOPICS spacious
and beautiful building N. III South Fifth street,
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably furn shed, supplied
with an extensive law and miscellaneous library
tc precedents Of practice in every conceivable and APP
proved 5rm students admitted at any time
| throughout the year--courses Of study, and the
qisite books are supplied, exactly To heet the
wants and views of the student, according 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 dweIt upon
practice is constantly blended with fheGry-but The
deep and radical error OF parents well as of Students
carefully avoided- allude the too erroneous no
ton that law students TO be made mere mechanical
ntisansmerc attorneys learning practice by rote and
jealous OF book knooledge being too theoretical -
This mlschlevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney 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-- is an un natural
inrersion Of the established order of nature-an gno
rant and soveny way of urging young men on 10 at
tempts far beyond the powers Of the human II ind
Tor, II me grounds and reasons of the science be
well known, the practice cannot be we'll known.
But the error, to which | earnestly allude, is
lou 'ded upoa another, which is equally false and
row, vZ-that students learn the practice only in
practising lawyers office On The conir.r ~ as gen
eral rule, 1t Is he very last place in which he ever
does, or can learn the praclice-ana this can be made
extremely manifest. What practice distinguish
ed from theory? Take a single example-and tr tno
dt'ce omnes The theory or a law point says TO the
student, If lends his watch and b sells it, or re-
fuses to return 1t, A may bring what is called an ac-
ton of Irover and Conversion. Now irorer means
nhdihg, ana CONVERSION means appropriatng to his
own use; and here, again, the student learns two
other theoretical law poinls-viz. that the find ug is
now mere verbal fiction not at all material or to be
prorsd-and secondly that the conversion by the de-
endan' to his oon use consists in the WITHHOLD
tn.,f ha, -
be ever so clearly proved chat he in way USED the
property for himself or for any purpose whatever but
to withhold from the plaintiff
Now all this theory must be learn, and a good
deal more, before the practice sand that practice
on The painti part Com lists of thorough know ledge
OF the forms or prectdents-and the defendants part
OF the like knowledge to the formula of the pl. as
reJoInders &c There are, therefore boots Of precs
dents these books unfold every practical proceeding
whatever, IN every action known to the Iaw-pro
gressvey, from The Importation of the prit the final
return upon the erecaion. These formula of writs
returns 10 wrhs-appeara Observation-Disclosures
nlinuances-impanneiiing of jures -lrial-ex-
eptions-yerdict-ju dgment-e1 ecuon-return of
execuiion-or, on the other hand, new trial-or ap-
peal &C. &c.are all set forth in the fpreeed MS So
that, he who knows most of precedeat, knows most
OF practice but stl these precedents cannot them
selves be understood, without a previous theoretical
knowledge The question: then reso YES itself into this
Cannot law student be well grounded in all the
lawyers ofiicel And why not On the contrary
cannot he learn far more of practice by the iudp-
cious and careful study of all the formula hicb ne
never does in practising lawyers ofiice) than by
writing, OF rather copying, those simple and occasion
al carst ons, pleas &c, which the master of an office
assigns to the studentl t. it not uniformly the c,se
that all really difficult and responsible business of this
sort is done by the master himself without ever reach.
ing The eye OF the s'udent-or # it does only To me
chemically copy it Again Who can DISTINGUISH be-
tween real suit in court and fictitious one In which
one student prepares the wrt-another the return
another he deciaraiion- some other the pea. &c
unit, all the practical proceedings are gone through
And What prevents these students ling a record of
the whole and then comparing all with c, riified re-
cord fom some court of justice in a like action An
this surely may be done IN Law Insnuton-and far
b er-more quiety--and with more time than in busi.
offices, where many precious hours are often os ia
useless mcsssges-long waIks-lianscr bling letters
copying mo, deuising) declarations, pleas, replica
tons &c so generally the sole workmanship OF the
master of the office and very seldom that of the
student. confess that all this is 10 my mind .treme-
ly plain, and has long sa isied of the popular and
serious which has placed young men IN Offices
where little either oftheory practice is learnt This
surely, i not always the cascbut Il is too often sucb
asmany depending students have found nd as others
have been compelled TO confess, that they never
learned much of theory Of practice until after he
came 10 The bar but at which time 1t was found very
uphill and arduous work, and sometimes not accom- !
plshed Though whole life of toll Doubtless
there many noble exceptions to The correctness of
these remarks but still aver il fact, that nv
experience has never made acquainted with any |
young la,cyer, who, in candid conversation, was not
wiling 20 confess that his legal education had been
very hap-hszard-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 or the courts, and devotion To the ipf
rests Of lap students, during much oftha period it NAV
not much to say that practice never be lost
light ofin this institution and that nothing but mectan
cal narroloness Of legal education unworthy e an en-
ghtepvb lawyer could ever patronise even the intI.
nation that such lnsti utinn only adopted for
4 ~, ofthe Seisucs and moi IN, AL