The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-12
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices of the uniseI-
l. city OF MARYLAND established ~ the ci,y OF bal
tmore Law school, under The denomination OF the
Maryland Law Institute. This establishment co"''-
nued Ia successful operation nearly eie.an years nav
ing received students from exren Of the States ana
from Two foreign countries. Owing To tue pressure
of an extensive practice simultaneously with the du-
ties which the Institution involved resolved tn the
year 1886 abandon oly the practice OF my ever
and long cherished profession, but also the La" ins
tue and, for health and ease sought the more GENIAL
climates OF Europe. Finding at this time, my health
perfectly restored, and with no abatement whatever
Of my zeal and devotion TO that great science which
in this county, of all Others needs to be m<thodea1y
and carefully studedand seeking, moreover, indus
rious and continued occupation essential to haPp-
IN land that knows tdles reso sed 10 ie-esta-
blish the Law lnstiuionr-ani have selected Ihita'
delphia as Tho place OF It's location. In 30 dong have
thought that city in the Union affords such various
and ample Inducements for all the purposes of the
| Law Sudeni--aDd that IN none can more worthy
economy be preserved and yet with every requisite
| comfort.
| The frequent app ications made from a dis
lance, the former occasion, regard 10 the psstc
uIaIs Of enterprise induce to anticipate similar
| inquiries now-and, to meet all such in advance,
nov address this Circular, all that offer In
explanation, and, probably as all that may be requl-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary TOPICS spacious
and beautiful building NJ. 1T South Fifth street,
|
dents. The rooms all suitably furnished, supplied
with an extensive law and miscellaneous library
With precedets Qf practice IN every conceivable and APP
proved form. Studen's admitted at any time
throughout The year--courses OF study, and the
quisile books are supplied, exactly To neet the
wants and views Of the student, according he may
design 10 practice his profession either the country
or in come of the maritime cities. The laws of every
State In the Union are in some degree dwelt upon
practice is constantly blended with theory-bnt the
| WI ofs denis
is carefully avoided allude to tho erroneous no.
ton that law students to be made mechanical
tisanmere attorneys learning practice by rote and
jealous of book-kno,oledge, being too the0reficat
This mlschievous 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 versed in the reasons and
theory Of the law. therefore cannot aca uicsce in
and never will yield to- the vulgar Of putting
practice before and above theoryit is unnatural
Inversion Of the established order of nature-an gno-
rant and slovenly way of urging young men to at
| tempts far beyond the powers of the human mind
for If The grounds and of the science be
well known, the practice cannot be well known.
| But the error to which | SO earnestly allude is
fou ided upol another which equally false and
row, vzthat students learn the practice only in
practising lacyer's office! On The Contrary as gen
erai rule it is the very last place in which he ever
does or can learn the praclice-and this be made
extremely manifest. What is practice distinguish
ed from hsory' Take a single example--and uno
| a
student, if A lends b his watch, and b sells it,
fuses to return it, A may bring what is called an ac-
| ton of Irover and Conversion. Now frOrer mea ms
6nding and eonuersion means appropria,ing to his
! own use and here, again, the student learns two
other theoretical law poInis-vz. that the find ,g
now verbal fiction not all material or to be
propsd-and secondly that the conversion by the de-
endant TO his consists IN the mere withhold
ing the property from the plaintiff although should
be ever clearly proved that he in way used the
4 DT VIII al bul
| to withhold It from the plaintiff.
Now all this theory must be learn, and good
deal more before the practice esand that practice
ON the PLAINTIFF part CON lists Of thorough know ledge
of the forms prectdensand, the defendants part
OF the like knowledge to the Josuie 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 law-pro
gressvey, from the importation of the ,cr 10 the final
| return upon the erecuion. These formula of wrlts
returns TO wrts-appearances-bail--m ances
| ACKNOWLEDGEMENTS of jures -irial--sX-
cepuons-verdlct-ju dgment-eI ecutIon-return of
eXecutoD-or, on the other hand, trial-or APP
peal, &c, &c-are all set forth in the lpreced MS SO
that, he whs knows mo.t of preeedeaE, knows most
Of Practice but sull these Precedens cannot them
selves be understood, without previous theoretical
knowledge The question, then resolves se into this
| Cannot law student be well grounded in all the
| pIecedents, tato sersu, who never practising
| lawyers ofhcel And why no, On the contrary
cannot he learn far more OF practice by the JUDI
oious and careful study Of all the formula (Which he
never does IN practising lawyers ofiice) than by
wrilng, rather copying those simple and OCCASION
al declarations, pleas &C. whichthe master Of Office
assigns to the studentl l. il not uniformly the case
that all really difficult and responsible business of this
is done by the master himself without reach.
ing the eye Of the sludentor, If it does only to me
| chanically copy III Again: Who distinguish be-
tween real suit in court, and fictitious one which
one student prepares the wnt-snOther the return
another the declaration some other the p ca &c
| all he pro Z
And hat prevents these students making a record OF
the whole and then comparing all with a certified RE-
cord 4 ON some court Of justice in like action All
this surely may be done in Law lnsituton-an nd far
t,efmore quiet, aod with more time tn IN in bus.
ness Offices here many precious hours often lost ia
useless messages--.ong walks-lIanscr bing letters
coming mot derising) declsi atoms, pleas, replica
! tons &c generally the sole workmanship o. the
master Of The office, and very seldom that Of the
student confess that all this Is TO my mind crreme-
ly plain and has long isfed me of he popular and
serious error which has placed young men IN Offices
where little either otheory practice is learnt This
surely always the case bot it is often such
s-many desyonding students have found and others
have been compelled 10 confess, that they never
learned much Of theory or Of practice until a,er they
canx 10 hs ksr but, at which time il found very
| up.h,ll and arduous work, and sometimes not accom-
! piishcd even through whole life OF toll Doubtless
there are many noble exceptions TO the correctness of
these remarks-but still, aver it fact that my
experience has never made me acquainted with any
Young lnrusr who in candid conversation, was no,
wiling 20 confess that his legal education had beer
very hap-bazardand that praofoe 10 any really val
liable and abiding extent Is the las, thing studen,
can ever hope Tor N practising lawyers Office
| After In extensive practice Of seven and twenty
years in all Of the courts and devotion to the inie-
rests Of iao students, dunng much Of that period il may
not be much to say that practice be lost
light on this Institution and that nothing but mechani-
cal naIro,ones Of Legal education, unworthy e an en-
lghtened lawyer, could patropse the init
nation that such Instl utinn only adopted for
The OF the seenee and Dot OF the Of our