The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-25
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924, under the auspices ofthe Unse,-
i .iy of MARYLAND established in the city of Bal
| timofe Law School, under the denomination OF the
Maryland Law Institute. This establishment cont
nued in successful operation nearly eis,an years nav
ing receive students from eiepta OF The otaies, ana
| from two foreign countries. Owing TO the pressure
Of extensive practice simultaneously WIN the du-
Ties whieh the Institution involved resolved IN the
year 1885 to abandon not y the practice OF my ever
and long cherished profession, but also the Law lnst
ue and for health and ease sought the more genial
climates of Europe. Finding, al this time, my health
perfectly restored and with II abatement whatever
of my zeal and devotion 10 that great science which,
in this country of all Others needs 10 be efhodieay
and carefully sudiedand seeking, moreover, indus
ous and continued occupation 90 essential To happi-
ness in land that knows ides reso' ed 10 e-esta
| blish the Law lnsttuton-and have selected Phild-
dslphia Tho place of ts location In dolag have
thought that city in the Union affords such various
and ample Inducements for all the purpos, b OF The
Law Sutherland that ia none can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made to me from a dis
lance, the former occasion, in regard to the pare
uIars of my enterprise induce TO anticipate similar
inquiries now-and, To meet all such in advance,
now address this Circular, all that offer in
expaDaton, and, probably all that may he requi-
site.
The Institution, dedicated alone to law studies,
and their cogDate and auxiliary TOPICS spacious
and beautiful building III South Fifth street,
| sultdDlc IoI tue OF about Sixty etu-
dents. The all suitably fun shed, supplied
with an extensive law and miscellaneous library
o precedenfs o. practice IN every conceivable and APP
proved firm. Studen admitted at any time
| throughput the year-courses Of study, and the
quisite books supplied as exactly to neet the
wants and of The student according as he may
design practice his profession either the country
or in some Of the maritime cities. The laws of every
State In the Union in some degree dwelt upvn--
practice is constantly blended with Mecry--but the
pf tyalI If Je,,fs
is carefully AVOIDED alludc the erroneous no
ton that law students to be made mechanical
arsansmere attorneys, learning practice by rote and
jealous OF 6ook-knowledge, us being too theoretical
This mischlevous error must inevitably degrade the
science and profession and is gross mistake, since
practising attorney cd and lasting me-
who was not also deeply versed in the reasons and
theory Of the law. | therefore cannot acq uesce in
and never will yield to, the vulgar error Of putting
practice before and above theoryit is unnatural
Inversion of the established oder of naurean igno-
| rant and slovenly way of urging young
temps far beyond the powers Of the human mind
for, If The grounds and reasons Of the science be not
| we'll known, the practice cannot be well known.
| But the error, to which | earnestly alude, is
fou ded upoh another which is equally false and
row, vzhat students Learn the practice only in
practising a,cyers office On the Contrary as gen
eral rule it is the very last place in which he ever
does, or can learn tae praciice-and this be made
extremely manifest What is practice distinguish
ed from theory? Take single example-and
disco omnes. rhe theory, or law point says to the
student, if lends his watch and sells it, re-
fuses TO return it, may bring what is called an ac-
ton of Trover and Conversion. Now troper
finding, and conuerson means apprupratiug it to his
own use and here, again, the student learns two
| other theoretical law pons-viz. that the find ng is
now mere verbal fiction, not at all material to be
propsd-and secondly that the conversion by the de-
trndant TO his ocn 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
TO withhold II from the plaintiff.
| Now all this theory must be learnt and good
deal more, before the practice comes-and that practice
on the plaintiffs part lists of thorough know ledge
of The forms prectdens-and the defendants part
ofthe like knowledge as 10 the formula of the pleas
rejoinders &c There are, therefore books Of prees-
dents /; these books unfold every practical proceeding
| whatever IN every action kno xn to the law--pro
gressvey from the importation Of the prii to the final
| return upon the ereeuiion These Jormuie of wrils
| returns TO neutrality-suspicious.
| acknowledgement of jnnes -trial-eI-
| cep,ions-verdct- judgment-eIecution-retu of
| execution-oT on the other hand, new trisl-or APP
peal, sc, &c.-are all set forth in the 'preoed so
that, be who knows most of preetdents, knows most
of practice but STILL these precedents cannot them
selves be unde rstood, without previous theoretical
know ledge. The question: then resolves tself this
Cannot law student be well grounded in all the
| pecedents, iao sensn, who a or nctising
| lawyers office Aud why not 7 On the contrary
cannot he learn far more OF practice by the JUDI
cious and careful study OF all the formula which he
never does In practising lawyers ofiice) than by
writing, OF rather copying, tho-e rmpt and ason-
al dec ons pleas &c which he aser Of an office
assigns to the STUDENT Is not uniformly the case
that all really difficult and responsible business Of this
sort is done by the master himself without reach
ing the eye Of the sjudent-or # does only To me
chanically copy ~ Again Who can distinguish be.
tween real suit in court, and fictitious one in which
one student prepares the ert-anoiher the return
another he declnreiion- some other The pea &c
until all the practical proceedings gone through
And hat prevents these students making a record of
the whole, and then comparing all with rtified re-
cord Fl ON some court of justice in like action All
this surely may be done a Law Insntuton-and far
ier-more quiet ,and with more time tina in bu.i.
offices where many precious hours often lost ia
useless messages-!ong ~alks-tfanscr bling letters
copying mot derising) declsI atoms, pleas replica
tons. sc. so 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
y plain, and has long sa sfed me of The popular and
serious error which has placed young IA Offices
where little either Theory fpracce is learnt This
surely 10 not always the case-but is too often such
as'many deponding students have found and as Others
have been compelled TO confess that they never
learned much of theory Of practice until aasr thew
came 10 tho bar but, at which time It found very
up- hill and atduous work, and sometimes not accom-
pished even Though whole life Of toll. Doubtless
there are many noble exceptions he correctness of
these remarks but STILL ! aver il az a fact that nv
81 perience has never made me acquainted With any
voung Lawyer, who, in candid conversation was not
| willing 20 confess that his legal education had been
very har-hazard-and that practice 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
wears in all Of the courts and devotion Co the int
rests Of lao students during much Of that period It may
not be too much to say that practice never be lost
ight ofn this Instituti, and that hing but nechan-
cal narrocn,s Of legal education unworthy e an en-
liyhened lawyer could ever paronise the inti-
nation that such Institution was only adopted for
the incubation Of the science and not Of the ar Of our
profe, son-an iutmation confined, doubtless 10 a