The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-24
A CIRCULAR TO STUDENTS OF Law
IN THE UNITED STATES.

IN the year 1924, under The auspices ofthe Uose,-
city OF Mar yand established In the city OF b AZ
timoss a Law school, under the denomination Of the
| Maryland Law institute. This establishment conl'-
nued Ia successful operaton nearly eleven years hav
ing rsceisd sudeBis from eeren OF the States, and
from Two ioregn countries. Owiag 10 the pressure
Of an extensive practice simultaneously with the du-
ties which the Institution involved resolved In the
year 1886 to abandon not y the practice Of my ever
and long cherished profession but also the Law insti-
tute and for health and ease sought the more genial
climates OF Europe. Finding al this time, my health
perfectly restored and with abatement whatever
Of my zeal and devotion to that great ,cience which,
in this country, OF all Others necds TO be meiodeauy
and carefully siudied-and seeking, moreover, indus
trious and continued essential IL happi-
ness 10 land that knows iders reso ed TO Ie-esia-
b,sh the Law instiutioB-and have selected Phifs'
depha as the place of is 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 a more worthy
economy be preserved, and yet with every REQUESTS
comfort
The frequent app icaiions made TO me from dis
lance ON the former occasion, in regard the parse-
tars of my enterprise induce to anticipate similar
inquiries now-and TO meet all such in advance,
now address this Circular ali that ! can offer in
explanation and, probably, as all that may be equi-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics IL n spacious
| and beaufu! building, N, III South Fifth street,
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably furn she'd supplied
with an extensive law and miscellaneous library
,cith preeedens Of practice in every conceivable and APP
proved form. Stud,ns ure admitted at any time
throughout The year--courses Of study, and the
quis,e books are supplied, exactly TO sect the
wants and views of the student, according he may
design to practice his profession elher in the country
or in some of the maritime cities The laws Of every
Stale in the Union in some degree dwelt upon
practice is constantly beaded with theory--but the
deep and radical OF parents, well as of students
is carefully avoided aude the too erroneous no
lion that law students to be made mechanical
artsa's-mere attorneys Learning practice by rote and
jealous OF book knowledge, being too theoretical -
This mschievous error must inevitably degrade the
science and profession and is gross mistake since
no practising Attorney was ever good and lasting one
who was not also deeply yersed in the reasons and
theory of the law. therefore cannot acquiesce iD
and never will yield 10, the vulgar error Of putting
practice before and above theoryii is an un natural
i"rerson VI the established order of na,urean igno
rant and sloven'y way OF urging young men on 10 at
temp's far beyond the powers OF The human IL ind
for # the grounds and reasons of the science be not
well known the practice cannot be well known.
But the error, to which | so earnestly ailude is
ou ded upoh another, which is equally false and mar
row, vz.--hat students learn the practice only in
practising lawyers office! On the cDnir. ~ as gen
eral rule II Is he very last place in which he ever
does or can learn the pracce-and This be made
extremely manifest. What is practice distinguish
ed from theory? Take single examplc--and or uno
disco omnts The theory or a law point says to the
student, If lends his watch and sells IT, or re.
fuses to return it, may bring what is called
ton of Trover and Conversion. Nov irorer means
bnd'ng and conversion means appropriating ii to his
own use and here, again, the student learns two
other theoretical law ponts-vIz. thai the find ag
now verbal fiction not at all material or 10 be
prorsd-and secondly that the conversion by the de-
tendant TO his consists in The mere WITHHOLD
ing the property from the plaintiff, although should
be ever so clearly proved that he in way the
property for himself or for any purpose whatever but
to withhold It from the plaintiff.
Now all this theory must be learn, and q good
deal more before the practice comesand that practice
on the plaintiffs part ,con,i lists of thorough know ledge
of the forms rpreetdens-and, the defendants part
ofhe like knowledge to the torraul9 of The pleas
reJonders, &c. There are therefore books Of prece
dents these books unfold every practical proceeding
whatever, IN every action known to the iaw--pro |
gressl,ey from The importation of the ,crt TO the final
return upcn the execution. These Jorm,la of wrls
returns 10 wrts-appesrar ces-hai-impaIlances |
-contnuances-mpanDell of juries -lral-eI- |
cep,ions--verdict- judgmenl-extc ulion-return of
execu,on-or, on the other hand new ,rial-or APP |
peal &c &c-ore all set forth in the iJ,eoed nts so
that, he who Knows most of preeedeats knows most !
OF practice but still, these pTecedents cannoi them
selves be understood, without previous theoretical
know ledge The question, then resolves itself otto this
Cannot law student be well ground, d in all the !
pIecedents iaio ansu, who never saw practising !
v,
cannot he learn far more OF practice 10y The judi |
cous aud careful study of all lh. Jormlia which he
never does IN apractisng lawyers Office than by |
writing OF rather copying ho'e simple and occasion
al dec arst ons pleas &c which The an office
assigns To the STUDENT l. II uniforMy the case
thai all really difficult and responsible business of ths
.or is done by the master himself without ever reach
ing the eye of the siudent-or # II does only 20 me-
chanicslly copy III Again; Who distinguish be.
tween real suit in court and fictitious one Ia which
ne sfudeDt the " mt Ia.
another The declaration some other the pea, &c !
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole, and then comparing all with rtifed re-
cord ON court of Justoe In like action All
this surely may be done Law In.liiution-and far
uer-more quietly --snd with more time than 10 busi
ness Offices where many precious hours are often Loot ia
useless messages-,ong waks--ifanscr bling letters |
copying mot derising) declsi atoms pleas replica
tons sc. generally the sole workmanship OF the |
master Of The office, and very seldom that Of the
student confess that all this 10 NV mind extreme.
y plain, and has hong ishod Of he popular and
serious which has placed young men in Offices |
where little either oftbeory ofpfscilcs learnt This
surely, Is not always the case-but II 10 too often such
amaDy dsponding students have found and rs othefs
have been compelled 10 confess, that they never |
learned much Of lheory Of practice until qtlor heu
came 10 the bar but at which time 1t wss found very
uphill and srduous work, and sometimes not accom- |
pi shed even through whole life Of toll Doubtless
there are many noble exceptions TO The correctness of
thcs. remarks but still aver a fact, that IN,
experience has never made nc acquainted with any /
Young la,oyer, who, in candid conversation was no, |
wiling 20 confess that bis 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 for IA practising lawyers office.
After an extensive practice Of seven and twenty
wears IN all Of the courts and devotion 10 the ipfe-
rests Of iaro students, during much ofhai period il may
not be much to say that practice never be Lost
irh ofin this Ips,tui and that nothing but sehani-
cal narToonev Of legal ,duoaion, unworthy an en-
ighlened lawyer could ever patrobse even the init.
nation that such Institution was only adopted for
the inc ucaon of the soieo, and not Of the art Of our
profes sion-an intmation confined, doubtless 10
but "A htcb attll IA fatal IN thu