The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-03
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

!, A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.
TN the year 1874, under the auspices otthe unsef-
i siy of Maryland, established 10 the city OF pal
timors Law School, under the denomination OF The
Maryland Law Institute. This establishment CONT
nued IA successful operation nearly eleven years, nav
ing received students from deren OF the Staies' ana
from Two ioregn countries, Owing 10 'ne pressure
OF an extensive practice simultaneously WIN me uu-
ties which the Institution involved resolved IN tue
year 1886 10 abandon not ly the practice OF my ever
and long cherished profession, but also the Law ins
tule 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 10 that great science, which,
in this country of all others needs 10 be nlshodedy
and carefully sudied-and seeking, moreover, indus
trous and continued occupation essential TO happ'-
in land that knows eiS resolved TO ie-esia-
blish the Law Instuion-and have selected Phita'
deiphia as The place OF lis location. In SO dong have
thought that city IN the Union affords such various
and ample inducements for all the purpos's OF The
| Law Sutherland that in can more worthy
economy be preserved and yet with every requisite
| comfort.
The frequent app icalions made TO Inc from dis
lance, the former OCCASION in regard to the ptie-
utnS of my enterprise induce me to anticipate similar
inquiries now-and, to meet all such in advance,
now address this Circular, all that ! can offer in
explanation, and, probably, as all that may be requi-
| site.
| The Institution, dedc aled alone to law studies,
and their cognale and auxiliary topics, spacious
and beautiful building, NJ. ~ South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably fun she'd supplied
! with an extensive law and miscellaneous library
M precdents Of practice in every conceivable and APP
| proved trm. Siudens are admitted at any time
| throughout the year-courses Of study, and the re-
quisite books are supplied, exactly TO nee, the
wants and views of the student, according he may
design practice his profession ehcf in the country
or in some of the maritime cities The laws of every
| State in the Union in some degree dwet upon
practice is constantly blended with Helry--but the
deep and radical of parens well of students
is carefully AVOIDED aiudc to the too erroneous
lion that law students to be made mere mechanical
a'tisdns-mere attorneys, learning pracce by role and
jealous OF book-knowfedge, as being too hsorstieaL
This mischievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney good and lasting me-
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 error Of putting
practice before and above heoryit is an un naural
nrersOn Of the established order of naure--an igno-
rant and sloven'y way of urging young men 10 at
temp,s far beyond the powers OF the human mind
for If he grounds and reasons of the science be no,
well known, the practice cannot be well known.
| But the error, to which | earnestly allude is
ounded upoh another, which is equally false and mar.
row, vzthat students learn the practice only in
practising lawyers office On the c,n,r. ~ as gen
erai rule IT Is the very last place in which he ever
does or can learn the pracce-and this can be made
extremely manifest. hat practice as distinguish
ed from heory2 Take single example-and er uno
disco omnes The theory law point says to the
student, if lends has watch and b sells it, or re-
fuses to return it, A may bring what is called an ac-
| ton of Trover and Conversions Now i1oper means
finding and conversion appropriaiiug ii to his
own use and here, again, the student learns two
other theoretical law pon,sviz. that the find ng is
now mere verbal iicloN, not a, all material to be
p'ored-and secondly that the conversion by the de-
fendant to his oton use consists in the WITHHOLD
ing the properly from the plaintiff although should
be ever clearly proved that he in way used the
property for himself for any purpose whatever but
10 withhold II from the plaintiff.
Now all this theory must be learnt and good
deal more before he practice comesand that practice
on the plaintiffs part CON ISIS Of thorough know ledge
of he forms rprtetdensand, the defendants part
ofthe like knowledge TO The forui,c of the pleas
rejonders &c. There are therefore books Of p7ece.
dents these books unfold every practical proceeding
whatever, IN every action known to the aw-pro.
gressivcy from tie importation of the icf TO the final
return upon The ereeaion These Jorn.uiG of wrns
returns 10 wrns-appcnrar cs-bail-lmpailances
-coninuances-lm pannelling of juries -lrial-ex-
ceptions--veTdict- jude ACKNOWLEDGEMENTS OF
exec uon-or, on the other hand, trial or ap-
peal, &c, &c.-are all set forth in the lprcesd MS so
that, he who knows most of prfcsdenis, knows most
of practice but std ihese presidents cannot them.
selves be understood, without previous theoretical
Cannot j law student be we'll GROUNDED in all the
pieceden,s iato seaSu, who never saw a W actsng
| lawyers office And why not On the contrary,
cannot be learn far more Of practice by the JUDI
cious and careful study of all the formula (which be
never docs in n practising LAWYERS ofliceD than by
writing, OF rather copying those simple and occasion.
al declarations, pleas &c, which the Ian office
assigns 10 the student L. 1t not uniformly the Sc
that all really difficult and responsible business of tins
sor is done by the master himself without ever reach
/ a.. Of , - 4.
| chancay COPY ~ Again Who can distinguish be.
tween real suit in court and fictitious Ia which
one student prepares the Wut-unuther the return
| another he declaraiibn- some other the q ca &c
until ell the practical proceedings are gone though
And hat prevents these students making record nl
the whole and then comparing all with c, rtfied re-
cord from court of justce in a like action All
this surely may be done Law lnsIluton-and far
tief-more quiet iand with more time than in BUR-
ness Offices, here many precious hours often lost ia
useless messages-ong @aiks-uansc bing l,tters-
coming (uot derisng) decal atoms, pleas replica
| tons sc. generally the sole workmanship the
master of the office and very seldom that Of the
student confess hat all this is to my mind extreme
y plain and has long isied me of Tho popular and
serious eror which has placed young IN Offices
whtrt little either oftheUry or paccei is learnt This
surely - not always the casebut IL is too often such
as'nany responding students have found and others
have been compelled to confess, that they never
learned much Of theory Of practice until after dev
came 10 The ban but, at which tine It found very
M. hill and aduous work and sometimes not accom-
ui.shed even through whole life Of toll Doubtless
there are many noble exceptions TO The correctness of
these remarks but still aver IT az fact that my
experience has never made me acquainted with any
,o,tng iairger who IN candid Conversation was not
willing 20 confess that his legal education had been
very hap-hazlrda that practice, 10 any really val
uahe and abiding extent. ~ the last thing student
can ever hope Tor IN practising lawyers ofce
After an extensive practice Of and twenty
wears in all Of the courts and devotion to the int
rests ofiao students during much of that period II may
not be too much say that practice be lost
light ofn this nstitoti'n and that nothing but meohani
col narorness Of legal education unworthy e an en-
II ,htened lawyer could ever paronise even the init