The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-15
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES,


TN the year 1874 under the auspices otthe unisei-
i siy Of Marylsnd, established IN the city OF Bal
timore Law School, under the denomination OF the
| Mayan Law Institute This establishment CONT
uued Ia successful operation nearly eleven years has
ipp received students from sIerea OF the States, and
from foreign countries. Owing 10 the pressure
of an extensive practice simultaneously with The du-
ties which the Institution involved resolved ia Tue
year 1886 To abandon not ally the practice VI my ever
and long cherished profession but also the Law lDs
tute and for health and ease sought the more genial
climates of Europe. Finding al this time, my health
perfectly restored, and with II no abatement whatever
of my zeal and devotion that great science which,
in this county of all others, needs TO be mefhodeaiy
and carefully studied-and seeking, moreo,eTi indus
trious and continued occupation essential to happ-
in land that knows tdrs resos cd 10 re-esla-
bsh the Law lnstlulioD-and have selected l'hila-
delphia The place of Ns location. In sosg have
thought that city n the Union affords such various
and ample inducements for all the purposss OF the
Law S,udent-snd that in can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made TO me from dis
lance the former occasion, in regard Ia the pare
u!ass Of my enterprise induce 10 anticipate similar
inquiries now--aDd, TO meet all such in advance,
now address this Circular, all that | can offer in
explanation and, probably all that may be requi-
site.
| The Institution dedicated alone to law studies,
and their cognate and auxiliary TOPICS Is spacious
and beautiful building NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
dents The rooms are all suitably furn shed, supplied
| with extensive law and miscellaneous Library
with precedents Of practice in every conceivable and APP
| proved form. students are admitted at any time
throughout the year--courses OF study, and the re-
quisite books are supplied, exactly 10 meet the
wants and of the student, according he may
design to practice his profession, elher in the country
in of the maritime cities. The laws of every
State in the Union in some degree dwet upon
practice is constantly pleaded with hec,y--but the
deep and radical error of parenis well of students
is carefully avoided allude the too erroneous
ton that law students TO be made mechanical
artisasmere attorneys learning practice by ro,e and
jealous of bookkno,ciedge as being too htoret =
This mlschevous error must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney was good and lasting ne,
| who was not also deeply versed in the reasons and
theory of the law. therefore cannot acquesce in,
and never will yield to, the vulgar Of putting
practice before and above theory-it is unnatural
inrerson of the established order of naturean igno-
rant and slovenly way Of urging young 10 at
| tempts fur beyond the powers of the human mind
for if The grounds and reasons of the science be
| well known, the practice caasOt be well known.
But the error to which | SO earnestly alude is
ou ded upoa another which is equally false and mar,
row. vz-that students learn the practice only in
practising lawyers office! On the conr. ry a gen
eraI rule, II is The very last place in which he
does or can learn the praciiceand this can be made
| ed from heoryy Take a sipgle eIapple-an
disco onlnes. The theory or law point says 10 the
student, if A lends b his watch, and sells it, or
fuses to return it, A may bring wba, is called
ton of Trover and Conversion. Now froper means
Ending, and conversion ppropriaug 1t TO his
own use and here, again, the student learns two
other theoretical law poInis~-vz, that the finding Is
now verbal fiction not all material, or to be
propsd-and secondly, that the conversion by tie der
Endant to bis consists in the WITHHOLD
ina he from MIA n
be ever so clearly proved that he in way used the
property for himself for any purpose whatever, but
| to withhold It from the plaintiff
Now all this theory must be learnt and good
deal more before the practice and that practice
the plaintiffs part con lists Of a thorough know ledge
Of he forms preoedens-and. the defendant part
OF ths like knowledge to the forniiG Of the pleas
rejonders, &c. There are therefore, books Of preee
dent thsse books unfold every practical proceeding
whatever, IN every action known 10 The law--pro
gressively from the importation of the D, t. tbs nal
return upon the ereeution. These formula of writs
returns TO wriis-appearaB -bail--,mp pa ances
ACKNOWLEDGEMENTS of jures -iria--ex-
ceptons-verdIct- judgment-eIec of
execution-oI, on the other hand, tral--or ap-
peal &C. &c,-afe oil set forth in the fpreoed MS so
that he who knows most Of preeedeHis, knows most
of practice but sui, these Precpdens cannot them
selves be undo rsood without previous tbsoyeutai
know ledge. The question then resolves itself thus
Cannot a law student be well grounded in all the
pfecedents, iafo seisu, who never pr act,snQ
lawyers Office And why not On the contrary,
cannot be learn far OF practice by the jude
eious and careful study Of all the formula which he
never does IN Practising lawyers ofhcs) than by
writing, OF rather copying, those saps and OCCASION
al declarations, pleas &c, hich The master Of ofi.ce
assigns TO the student IL il uniformly the case
thai all really difficult and responsible business Of this
sor, is done by THE msster himself without reach
ing The eye Of the sudeptpr # It does only To me
chanisaly copy il Again Who say dist ush be
tween real ruh in court and fictitious one In which
one student prepares the wnt-another The return
another The declaraiion- some other the pea, &c
until all the practical proceedings gone through
And bat prevents these students making record OF
the whole, and then comparing all with c, riifed re-
cord ON some court of justice in like action All
this surely may be done in Law Insituton-and far
tler-more quietly -snd with time thar 10 bu.i.
Offices here many precious hours are often lost in
useless messages-ong walks-tianscr bing letters |
copying mot derisng) deelai ations pleas replica.
tons &c generally the sole workmanship OF the
master Of the Office and very seldom thai Of the
student confess that all this ia my mind extreme
ly plain and has long is6ed OF he popular and
serious ,ror which has placed young men IN Offices
where little either oftheory or practice is learnt This
surely 10 not always the case-bp il is too often such
asmsny depending students have found and as others
have been compelled 10 confess, that they never !
lea rned much oftheory Of practice until afer hsp
snnu 10 hs bar but, at which time, il found yer, |
up hill and aIduous work, and sometimes not accom-
pished through whole life OF toll Doubtless,
there are many noble ereep,ions TO he correctness of
these remarks but STILL aver as fact, that my
experience has made acquainted With any
young Laryer, who, in candid conversation, was not
willing 20 confess that his legal education had been
very hap-hazard-and that practice, TO any really val
liable and abiding extent the last thing student
can ever hope for IN practising lawyers Office.
After an extensive practice Of seven and tv .nty
years in all Of the courts and devotion to the inte-
rests NJ lap siun;, during much ofthat period it may
be too much to say that practice be ost
,ipht ofp this Institution and that nothing but ,ohani-
cal Of Legal education, unworthy m en-
lighencd lawyer could ever patrouse even The inti-
In.I llIiiI..