The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-01
A CIRCULAR TO STUDENTS or LAW
in THE UNITED STATES.

L
In the year 1871 under the auspices ofthe UnlyeI-
si,y OF Maryland established in the city OF Bal
timofe Law School, under the denomination OF the
Maryland Law Institute. This establishment eon-
nued IN successful operation nearly eleven wears nav
ing received sudens from steren OF the States, and
from two foreign countries. Owing 10 the pressure
of an extensive practice simultaneously with the du-
ties which the Institution involved resolved, IN tue
year 1886 TO abandon not y the practice OF my ever
aud long cherished profession, but also the Law ins
tute and for health and ease, sought the more genial
climates of Europe. Finding, at this time, my health
perfectly restored and with II abatement whatever
Of my zeal and devotion to that great science which
in this country, of all Others needs to be meihodeaiy
and carefully sudied-and seeking, moreover, indus
trous and continued occupation, essential TO hepp-
in land that knows oilers reso ed 10 re-esia
bllsh the Law lnstluiion-and have selected Phiia
deiphia he place of lis location. In doing have
thought that city iD the Union affords such various
and ample Inducements for all the purposes OF the
| Law SuIent--and that in none a worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent applications made from dis
lance, the former occasion, IN regard To the pare
ulas Of my enterprise induce 10 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 dedicated alone to law studies,
and their cognae and auxiliary topics, spacious
| and beautiful building NJ. III South Fifth street,
suitable for tho accommodation of about sixty stu
dents. The all suitably fun shed, supplied
| with extensive law and miscellaneous library
oi preeedents Of practice in every conceivable and APP
proved firm. Sludens admitted at any time
| throughout the year-courses of study, and the
quisie books are supplied, exactly to meet the
wants and views of The student according he may
design to practice his profession either in the country
or in some of the maritime cities The laws of every
| State ia the Union In degree dwet upon
practice is constantly blended with Aecry--but the
deep and radical OF parens well of students
is carefully AVOIDED aiudc the erroneous no
ton that law students be made mere mechanical
afsansmere attorneys learning practice by rote, and
jealous OF bookknotcledge, being too theoretical
This mschievous error mus, inevitably degrade the
science and profession and is gros mistake, since
no practising aiioraey cd and lasting one
" no 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 theory-it is an unnatural
inreysion Of the established order of naurean igno-
| rant and sovenly way of urging young men 10 at
tempts far beyond the powers Of the human mind
for, If The grounds and reasons of the science be
well known, the practice cInnot be well known.
But the error, to which | earnestly aliude, is
founded upoi another, which is equally false and
row, viz--that students learn the practice only in
practising Lncyers office! On the conir, ry as gen
era rule, it is The very last place which he ever
does, or can learn the pracce-and this be made
extremely manifest. What is practice as distinguish
ed from theory? Take a Jingle exampe-and ca uno
disco on,nes. The theory or law point says to the
student if A lends b his watch and b sells it, or re-
fuses to return it, may bring hat is called an
ton Of Trover and Conversion. Now frorer means
finding, and conversion means appropra,ing it to his
own use and here, again, the student learns two
other theoretical law poInls-viz that the find ng is
now mere verbal fiction not all material or To be
prored-and secondly, that the conversion by the de-
PENDANT TO his consists in he WITHHOLD
ing the properly from the plaintiff, although il should
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 a good
deal more before the practice comesa nd that
on the plaintiff par com lists OF thorough knowledge
Of he forms prectdeniSand, the defendants pant
oftbe like knowledge TO the tormuie 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 Iaw--pro
gresslvely from the impe ration of the rr 10 the final
return upon the erectlion. These tor,uio of wri,s
returns TO wriis-apPearar cos-bail-impaIlance
-contnuances-impanne of jufics -lrial-,x-
cep,ions-verdict- judgment-e1,cu,on-rctu Of
eAecuon--or, on The other band new tral--or APP
peal sc, &c-are all set forth IN the ireced MS SO
that, he who knows mosi of preoedeHts, knows most
of practice but still, these pfecedens them
selves be understood, without previous theoretical
knowledge The question, then resolves itse into this
Cannot law student be well grounded in all the
preeedenls iato sensu, who never saw a pr aclsing
lawyers Office And why not On the contrary
cious and careful study of all the formula (Which he
never docs IN practising lawyers offce) than by
writing, OF rather copying hose simple and occasion
al decarut onsi pleas &c which the master Of office
assigns 10 the student L. IL uniformly the c.
that all really difficult and responsible business OF thus
Is done by the master himself without reach
ing the eye of the siudent-or, # il does only to me
| chancsy copy J1 Again; Who can diet nvuish be.
tween real suit in court and fictitious one Ia which
one student prepares the nnt-another the return
, another he declarstiln-- some other the q ca &c
until all the Practical proceedings gone through
And " hat prevents these students making record of
the whole, and then comparing all with C, rJficd
cord fom some court OF justice In like action All
this surely may be done ia Law lnslruton-and far
b tter-more quietY-and with more time than in busi.
mess Offices where many precious hours often loo, it,
useless messages-ong walks--.ianscr bing letters
eopving (uot derisng) declarations pleas replica
tons &c. generally the sole manship o, the
master of the office and very seldom that Of the
student confess that ali this is my mind extreme
ly plain, and has long is6ed Of he popular and
serious error which has placed young men 10 Offices
where little either OF theory practice learnt This
surely - not always the casc-b but 1t is too often such
anany responding students have found and as Others
have been compelled 10 confess, that they never
learned much of theory of practice until aer then
came 10 the bar bot, which time IL found very
up hill and aIduous work and sometimes not accom-
pshed even thu, ugh whole life of toll. Doubtless
there are many noble exceptions TO The correctness of
these remarks but still aver 1t "a fact, tha, my
experience mas never maue me acquainted Win any
young ia,cycr who 10 candid Conversation, was NOT
willing 20 confess tia, his legal education had been
very hap-hszard-and ,h, practice to any really val
liable and obding extent, Is the las, thing student
can ever hope Tor practising lawyers office.
After an extensive practice Of seven and twenty
wears in all ofthe courts, and dcy oon 10 the fnie-
rests OF lar Students during much Of tina, period may
not be too much say that practice never be lost
light ofin this institution and that nothing bu, peehan
cal narrorneS Of legal education, unworthy e an en-
lshtened lawyer, could ever patronise the in,-
nation that such INSTITUTION was only adopted for
IL sc..ac. .rl q