The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-23
. CIRCULAR TO STUDENTS OF Law
IN THE UNITED STATES.

In tho year 1924 under the auspices 9th UnlyeI-
j. city OF Maryland 1 established IA the city OF Bal
umoTe Law School, under The denomination OF The
Maryland Law Institute This establishment eo"u-
nued IN successful operation nearly eleven years. nav
ing received students from eispen OF tue States, and
from Two foreign countries. Owing TO the pressure
OF an extensive practice simultaneously WIN me du-
ties which the Institution involved, resolved, IN tue
year 1886 20 abandon not lily the practice OF my ever
and long cherished profession but also the Law los'l-
tule and for health and ease, sought the more gena
climates Of Europe Finding at this iime, my health
perfectly stored and with II no abatement whatever
of my zeal and devotion that great science, WHICH
in this country of all Others needs to be ethod'eaif
and carefully siudied--and seeking, moreover INDUS
lrious and continued occupation, go essential To ha-
ness in land that knows oilers resol' ed 10 ieesa-
bsh the Law lnstllution-and have selected i'hifa
diphia as The place OF its location In doiag have
thought that city in the Union aiiordssuch various
and ample Inducements for all the purpisfs OF The
| Law Sutherland that in Can more worthy
economy be preserved, and yet with every requisite
| comfort
The frequent app icalions made TO me from dis
lance the former OCCASION IN regard To the partie
ulas Of my enterprise, Induce me TO anticipate similar
| inquiries now--and TO meet all such in advance,
now address this Circular as all that | can offer IN
Ylanation and, probably, as all that may he requ-
site.
The Insvtution, dedicated alone to law studies,
and their cognalc and auxiliary topics, Is spacious
and beautiful building, NJ III South Fifth street,
DENTS The rooms all suitably furn shed, supplied
| with an extensive law and miscellaneous library
ir precedents Of practice in every conceivable and
| proved brn. Studen admitted at any time
throughout the year--courses OF study and the re-
! quisi,e books supplied, exactly acct the
wants and views Of the student, according he may
design 10 practice his profession, clhe in the country
in Of the maritime cities The laws Of every
| State in the Union in some degree dwelt upon
practice is constantly blended with hheCry-but the
deep and radical error parents, well of students
is carefully AVOIDED aliude the T., erroneous
lion that law students TO be made mere mechanical
artisans-mere attorneys leaning practice by rote, and
jealous Of book -knociedge, being too theoretical -
| This mischeveus error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was good and lasting enc,
who was not also deeply veTsed in the and
heory of the law. | therefore cannot acquiesce in
and never will yield to- the vulgar error Of putting
practice before and above theory-t is an unnatural
Inversion Of the established order Of ig
rant and slovenly way of urging young men on to at
temp,s far beyond the powers Of the human ind
for If The grounds and reasons of the science be not
well known, the practice cannot be well known.
But the error, TO which | earnestly allude, is
fou ded upoh another, which is equally false and
row, vzihat students can learn The practice only in
practising lawyers office On the CONTRARY, gen
eral rule, it is The very last place which he ever
does or can learn the praclice-aod this can be mad
extremely manifest What is practice as distinguish
ed from theory? Take single example-and u,o
|
student, If lends Is his watch, and sells it, or re-
fuses to return it, A may bring what is called an ac-
| ton Of Trover and Conversion. Now frorer mes rs
hndiDg and conversion means apprpriaing it to his
own use and here, again, the student leans two
other theoretical law poinls-vz. that the find ng il
a mere verbal fiction not at all materaI or TO be
propsd secondly that The conversion by the de-
tndant to his consists in the mere withhold
ing the properly from the plaintiff although it should
be clearly proved that be in no way useu the
| Drpu for any that. Int
to withhold II from the plaintiff.
Now all this theory must be learnt and a good
deal more before the practice comes-and that prac
on the plaintiffs part lists of thorough know ledge
ofihe forms precedens-and. the defendant part
of the like knowledge TO the Jonii9 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
gtessvey from the importation of the ,ori to the final
return upon The execution. These Joruuils of wriIs
returns TO Observation-Disclosures
ntinuances-mpannelling of Juries -iriai--ex-
| ceptions-yerdict- udgment-eI, cu,ion-rcturn of
| execu,ion-oI, on iho other hand trial--or mp
peal, &C. Sc.-are all set forth In The fpreced MS so
that, he who knows mo.t of precedea Is knows most
OF practice but sll these rrecedenis them
selves be understood, without previous theoretical
knowledge. The question, then, resolves itse fnlo this
| Cannot a law student be well grounded in all the
precedents, taio sensu, who never pr sctsinp
lawyers Object And why not On the contrary
cannot he learn far more of practice by the JUDI
cious and careful study of all the formula hch he
does in practising lawyer ofice) than by
writing, OF rather copying tho,e simple and OCCASION
al declarations, pleas &C. which The master Of n office
assigns TO the studeDtl Is it uniformly the case
that all really difficult and responsible business of this
sort is done by the master himself without reach
ing the eye of the sludent-or II IL does only 10 me-
cbanicay copy ii Again: Who can distinguish be.
tween real suI, in court and fictitious one in which
| one student prepares the ~rt-another the return
another The declaration some other the ca &c
ILL thn.
And ~hat prevents these students making record of
the whole, and then comparing all with certified re-
cord ON court of justice in like action All
this surely may be done 10 Law lnsiltution-and far
b tter-more quiety-aDd with more time thar in busi
offices where many precious hours often lost 10
useless messages-ong walks-ifanscrlb np letters
copying mot dsrisng) declai ATOMS pleas replica
tons, &c. 30 generally the sole workmanship o. the
master of the Office and very seldom that Of the
student confess that all this is 10 my mind extreme
ly plain and has long isfcd me of the popular and
serious which has placed young men IN Offices
where little either oitheury or practice is learnt This
surely Is not always the case but il too often such
asnany depending students have found and rs ohers
have been compelled TO confess, that they never
learned much OF theory Of practice until AFTER hey
came 10 the bar but which tune 1t wns found very
uphill and atduous work, and sometimes not accom-
pIshed even through a whole life of toll Doubtes.
there are many noble exceptions to he correctness of
these remarks but still | aver it a. fact that nv
experience has never made me acquainted with any
young Ioioyor, who, IN candid conversation, was not
willing 20 confess that his legal education had be,n
very hap-hozard-and that practice any really val
liable and o5ifipg extent the last thing q student
can ever hope for IN practising lawyers Office
Aner an extensive practice Of seven and twenty
years in all of the courts and devotion 10 the inte-
rests fiaC students, during much Of that period it NAV
not ne too much say that practice can never be lost
light ofn this lnsuon and that nothing but mecIani-
cal ndrro,oneSs Of legal education, unworthy e an en-
lightencd lawyer could ever paronse the init
nation tina, such Institution only adopted for
the incubation ofhe science and not Of the ar Of our
/ NJ. inf confined duuh