The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-29
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices ofthe Unyer-
i siiy Of Maryland established IN the ey OF pal
timore Law School under the denomination Of The
| Maryland Law Institute. This establishment CONT
nued la successful operation nearly eleven years, hsv
ing received students from eeren OF the otaies, ana
| from two foreign countries. owing 10 inc pressure
| OF extensive practice simultaneously WIN the du-
lies which the Institution involved resolved, In The
year 1886 TO abandon DOT Iy the practice OF my ever
and long cherished profession but also the Law iosi'-
tute and for health and ease sought the more genial
climates OF Europe. Finding, at thus TINE my health
perfectly restored and with II no abatement whatever
Of my zeal and devotion 10 that great science, which,
in this country of all Others needs TO be- nufhod.eay
and carefully studied-and seeking, moreover, indus
trious and continued occupation. essential to haPp'
ia land that knows oilers rcso ed 10 Ieosta-
blsh the Law lnstiuion--and have selected I'htta'
dphia The place OF lis location. In so dor have
thought that city in the Union affords such various
and ample Inducements for all the purpoSis OF The
Law Siuden-and that in none cen more worthy
economy be preserved, and ye, with every requisite
comfort.
The frequent applications made TO me from dls-
lance the former OCCASION in regard to the paiie-
ulars Of my enterprise Induce me To anticipate SIMILAR
| inquiries now--and, 10 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 cognaie and auxiliary topics, spacious
and beautiful building NJ. III South Fifth street,
Ssikabe for tire accommodation OF about sixty stu.
DENTS The rooms all suitably ium shed, supplied
| with an extensive law and miscellaneous library
U precedens Of practice in every conceivable and APP
proved form. students are admitted at any time
| throughout the year--courses OF study, and the
qusile books supplied, exactly 10 Geet the
wants and views of the student, according he may
design to practice his profession elhei in the country,
or in some of the maritime cities. The laws Of every
| State in the Union in some degree dwet npon--
practice is constantly blended with Meory--but the
deep and radical OF parents well Of Students
is carefully AVOIDED aliude the too erroneous
ton that law students to be made mechanical
artisansmere attorneys learning practice by rote and
jealous of book knopledge being too theoretical
This mischevous error must inevitably degrade the
science and profession, and is gross mistake since
practising attorney good and lasting one,
who was not also deeply veTsed in the and
theory Of the law. therefore cannot acquiesce in,
and never will yield TO- the vulgar error of putting
practice before and above theory-t is unnatural
inrersion Of the established order of naturean gno
rant and sIoveny way of urging young men on to at
tempts far beyond the powers OF the human ind
for, If he grounds and reasons of the science be
well known, the practice cannot be we'll known.
But the error, to which | so earnestly aude, is
fou ded upo another, which is equally false and
row. vz--tha students learn the practice only ia
practising ia,oyer's office! On the contrary as a gen.
era rule, 1t is the very last place in which he ever
does, or can learn the p.acticeand his be made
extremely manifest w hat is practice distinguish
| ed from theory? Take single example-and er uno
disco ontnts. The theory or a law point says to the
student II A lends b his watch, and sells it, or re-
fuses TO return it, A may bring wha, is called an ac-
| ton OF Trovcr and Conversion. Now troper means
bndng, and conversion means appropYiaiug II to his
| own use and here again, the studen, learns two
other theoretical Law poinls-vz. that the find ng
now mere verbal fiction not at all material or to be
prored-and secondly, that the conversion by the de-
fendant to his oion use consists IN the WITHHOLD
ing the property from the plaintiff although should
be ever SO clearly proved that be in way the
property for himself for any purpose whatever bu,
TO withhold Il from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiff part consists Of thorough knowledge
of the forms prectdsis-and, the defendant part
OF the like knowledge to the formula of the pleas
rejoindeIs, &c. There are therefore books of prsce
dents these books unfold every practical proceeding
whatever, in every action known 10 the Iaw-pro.
gressisely from the importation Of the nrt 10 the final
return upon the ereeuion. These toy1nuio of wrils
returns to urlls-appearspees--bai-i Ilances
ACKNOWLEDGEMENTS of juries -irisI-eX-
ceptions-vercict-ju dgment-sIecution-retGrn of
eXecution-or, on the other hand, new tral--or APP
peal sc, &c.-are all set forth ia the ,preoed MS so
that be VINO knows most Of prtoedents, knows mos,
of practice bat stuff, these yfecedens canro them
selves be understood without previous theoretical
ledge. The question then resolves Itself into this
Cannot law student be well grounded ia all the
piecedents, idio sensu, who never saw pr acsing
"
cannot he learn far more of practice by he JUDI
cious and careful study Of all the formula (Which he
never does in practising lawyer oftice) than by
writing, OF rather copying those simple and OCCASION
al declarstons pleas &c, which he master uf n Office
assigns to the STUDENT H. it uniformly the Gaze
that all really difficult and responsible business OF this
sort is done BY the master himself without reach
ing the eye Of the sudent-or, Il II does only 10
cbanicslly copy IT : Again: Who guish be-
tween real suit in court and fictitious one ia VIII ch
one student PREPARES the Mut-another the ref
| another the declnraon- some other the q ca &c
until all the practical proceedings gone through
And bat prevents these students makiog record OF
the whole, and then comparing all with a c. rtfed re-
cord ON Of justice in a like action All
this surely may be done IN Law Insnution-and far
iter-moe quetl ,-and with more time tina in buzz.
offices where many precious hours often lost n
useless messages-iong @alks-tfanscr bling letters
copying mot derising) declarations, pleas replica.
tons, sc. 20 generally the sole workmanship OF the
master Of The Office and very seldom that Of the
student confess hat all this Is To my mind extreme
ly plain and has long is6ed me Of the popular and
serious error which has placed young men IN Offices
wher. little either ofthe0ry OF practice learnt This
surely Is not always the case bot 1t is too often such
asmany deyondHg students have found and as Others
have been compelled 10 confess, that they never
learned much OfheoTy Of practice until after neu
came 10 tbs bar but, at which time 1t found very
up hill add arduous work, and sometimes not accom-
pshed even through whole life of toll Doubtless
there many noble exceptions TO he correctness of
these remarks but s'l, aver u AZ iact that my
er perence has never made me acquainted with any
young iaoyer, who, IN candid conversation was not
wiling 20 confess that his legal education had been
very hap-hSzsrdand that practice to any really val
liable and abiding extent, IS the last thing student
can ever hope for IN practising lawyers office.
After an extensive practice Of seven and twenty
years all Of the courts, and devotion to the ini-
rests Of lac Students during much of that period NAV
no, be much To say that practice never be Lost
light ofin this Institution and that nothing bot m,olani
cal narro,ones Of legal education unworthy e an en-
Igbteucd lawyer, could ever paronise the init
nation, that such Institution only adopted cor
the incubation Of the tosnc and mol Of the at Of our