The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-06
. CIRCULAR TO STUDENTS or Law
IN THE UNITED STATES.

IN THE UNITED STATES.
TN the year lo2i under the auspices cfthe univrr-
sny OF Maryland, established in the ei,y OF Bal
timore Law School, under the denomination OF tho
Maryland Law institute. This establishment, CONT
nued in successful operation nearly eleven years has
ing rcfiy students from eisrtn OF tue S'ses, ana
from Two foreign countries. Owing TO the pressure
OF an ex ensi,e practice simultaneously with the du
ties which the Institution involved resolved, IN the
year 1886 "a abandon not NY The practice OF my ever
Ind long cheri. he'd profession, but also the Law ins
lute and for health and ease, sough, the more GENIAL
climates of Europe Finding al this time, my health
perfectly =. stors and with abatement whatever
of my zeal and devotion TO ,bat great science which,
in this country OF all others needs TO he n~fhodcaiy
and carefully studied--and seeking, moreover, indus
trous and continued occupaiion essential 10 happ-
in land tina, knows oilers reso ed TO e-sta-
blish the Law IDst,uiion--and have selected Phila'
diphia the place OF its ocston IN 80 dong have
thought that city in the Union affords such various
and ample Inducements for oil the purpose OF The
| Law Siudcn--and that IN none can more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent app icaiions made 10 me from dis
lance, the former OCCASION in regard u the parc-
uiars of my enterprise induce anticipate similar
| inquiries now--ond, 10 meet all such in advance,
now address this Circular, as all that offer in
explanation, and, probably, as all that may be reqo'-
| site.
The Institution, Jetioa led alone to law studies,
|
and beautiful aiding, N ~ South Fifth street,
suitable for the accommodation OF about sixty stu.
dents. The all suitably fun shed, supplied
with extensive law and miscellaneous library
,c precfdeis Of practice in every conceivable aud APP
| proved fran. Studtn admitted at any time
throughout The yeaf~-courses Of study, AM, the re-
| Quise books supplied, as exactly To meet the
wants and Of the student according a5 he may
design 10 practice his profession either IN the country
or in come OF the maritime cities The laws OF every
thoI in
practice 10 constantly blended with theory--but the
deep and radical error Of parents, we'll Of yfadens
is caIcinlIy AVOIDED aude 10 the t,'o
ton that law students are 10 be made mere mechanical
artisans attorneys learning practice by roe, and
jealous OF book knowledge, being too theoretical -
| This mscbievous error must inevitably degrade the
science and profession, and gross mistake, since
opacfisinS Attorney was ever ,oj and lasting me-
who was not also deeply veIsed in the reason, and
theory Of the law. ! therefore cannot acq uiesce in,
and never will yield 10, the vulgar Of putting
practice before and above theory-it is unnatural
inre,sion IF the established oder Of naturean igno
rant and soveny way Of urging young men on 10 at
tempts far beyond the powers OF the human IL ind
for, he grounds and of The science he not
well known, the practice Cannot be well known.
But the error, To which l earnestly ailude, ir
lou ded upo. another, which is equally false and mar
row. What students can learn The practice only in
praciisng lacyers office! On The csnir ny, as gen.
era rule, 1t is lhe very Ias place in which he ever
does, or can learn the praciice-and this be made
extremely manifest. What is practice as distingus
ed from theory? Take single exanp plea and tr uao
disco onines. The theory or law point says To the
student if a lends b his watch and Il sells it, or re-
fuses to return it, "A may bring What is called
ton Of Trover and Conversion. Now ,rorer means
finding, and conversion means pprpriaing !, To his
own use and here, again, the student learns two
other theoretical law ppinis-yz. that the find ng Is
now a verbal fiction, not ali material or To be
prorsd-and secondly, that the conversion by the de-
fendant TO his consists in the mere WITHHOLD
ing The properly from the plaintiff, although 1t should
be ever so clearly proved that he IN way the
property for himself for any purpose whatever bat
| TO withhold Il from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comesand that practice
Oh the plaintiff spar, con Isis Of thorough knowledge
of he forms OF prtctdens-and on the defendants part
Of he like knowledge 10 the tornuln of the pea-
rjonders, &c. There are therefore books Of preee-
denis these books unfold every practical processing
whatever, In every action knoyn to the aw--pro
sresssey from the importation of the rr,i t. The final
return upon The ertemion. These formula of wrts
-retuIos TO neutrality-suspicious.
CONT nuances-Impannelling of juries -lrial--ex-
cep,ions-ycrdict- Observation-Disclosures OF
execuon-or, on The other hand, trisl--or APP
peal, &c &c-are all st forth in the lpieoed nts ; so
that, he who knows mosi of preotdeais, knows most
of practice but sl these presidents cannot them
selves be unde rstovd, without previous MeoItiicai
ledge The question, then reso YES Itself into this,
Cannot law student be well grounded in all the
) pfeCedtnts, iuIO stfNu, VINO never
lawyers office 7 Apd why not ! On the contrary.
cannot he learn FAR more OF practice by he JUDI
cious and careful study of all The formula (which be
never does IN practising lawyers olhce) than 10y
writing, OF rather copying, thoe simple and OCCASION
al dec art ons pleas Sc which The master of n Office
assigns 70 the sludentl Is il not unifraly the
thai all really difficult and responsible business of this
sori Is done by the master himself without ever reach
ing the eye Of the siuden-or, # it does only to
chanicaly copy III Again; Who dist n uish be
in
one student, prepares the nrt-anutber the return
another he deoloraJn- some other The ca &c
until all the practical proceedings are gone though
And hat prevents these students making record OF
| the whole, and then comparing all with a c. flied re-.
cord fom some court OF justice IN like action AL
this surely may be done a Law osltution-aod fai
tlcr-more quietly -ADd nth more time than IA bus
nes offices here many precious hours often los,
useless me-ssges-'ong ~aiks-ianscr bng letters
coming (not derisiHg) dccla nations, pleas replica
tons, sc. 30 generally the sole workmanship o. IN.
master of the office, and very seldom that Of In,
student confess that all this Is to my mind extreme
IN plain and has long shed me of he popular
serious error which has placed young men IN Offices
where little either Of theory practice is learnt This
surely - not Away. the case but II IL too often such
as'msny doYonding students have found and other,
have been compelled TO confess, that they never
= learned much oftbeory or ofpracce until q1er The,
came 10 ht bar but at which tue, u found vsr,
uphill aud arduous work, and sometimes not acconr
pished even through whole life of toll Doubtless
there aie many noble exceptions 10 he correctness OF
these remarks but still aver It fact, that IN,
experience has never made acquainted with any
Young lamyer, who, IN candid conversation, was MOI
wlna 20 confess that his legal education had been
very hat-hazar-an that practice TO any roay val
liable and abihng extent Is The last thing a student
can ever hope tor IN practising lawyers oilicc.
! After 40 extensive practice OF seven aud twenty
wears in all of the couts, and devotion the inie
rests Of lar students, during much Of that period NAV
| ~ n 4 that he
iuh ofn this Instuuon and that nothing bot meohani
cal narrouncs Of legal education, unworthy e en-
lrhicncJ lawyer could ever patronise the ipli-
nation that such Inst ut,on was only adopted for