The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-12
4 CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

In IhE UNIlED 4 Ed
In the year 1894, under the auspices the Unyer-
ely of Maryia l established M the city OF Bal
usnore Law ScheoI, under tho denomination OF The
Maryland Law Institute. This establishment conf
nued IN successful operation nearly eleven years, has
ing received students from esren Of the States, and
| from Two fofegn countries. Owing 10 the pressure
OF an extensive practice, simultaneously with the du-
Ties which the Institution involved resolved IN the
year 1886 10 abandon not lily the practice OF my ever
and long cherished profession but also the Law insti-
tute; and for health and ease sought the genial
climates OF Europe. Finding at this time, my health
perfectly n stored and with II abatement whatever
OF my zeal and devotion 10 hat great science which,
in this country, OF all others needs be psetOdcay
and carefully studiedand seeking, moreover, indus
trious and continued occupation essential 10 hspp-
ness ia land that knows oilers reso ed to reesia
bIsh the Law lnstluiion-and have selected Phita-
detphia the place of lis location In doag have
thought that city in the Union affords such various
and ample Inducements for all the purpose of the
Law Siudeni-and that IN none can more worthy
economy be preserved, and yet with every requisite
comfort.
| The frequent applications made 10 me from a dis
lance, the former occasion, in regard the paric
utars Of my enterprise, induce anticipate similar
| inquiries now--and To meet all UGH in advance,
| now address this Circular as all that offer in
xplanation, and, probably, all that may be requi
| site.
The Institution dedicated alone to law studies,
and their coenale and auxiliary iopcs is spacious
and beautiful building, N. III South Fifth .treet,
suitable for the accommodation of about sixty stu
| DENTS The rooms all suitably fum she'd supplied
| with an extensive law and miscellaneous library
,o precedents Of practice in every conceivable and APP
proved firm. Studen are admitted at any time
throughout The year-courses of study, and the re-
quisite books supplied, exactly 10 heet the
wants and views of the student, according he may
design to practice his Profession, ether in the country,
or IN some OF the maritime cities. The laws Of every
| State IN the Union In some degree dwelt upon
ta., ft.y.. a..
deep and radical OF parents, well Of students
is carefully avoided alludc to the too erroneous
ton that law students TO be made mechanical
a,tisans-mere attorneys leaning practice by rote and
jealous of book knootedge, being too theoretical =
This mlscbevous error must inevitably degrade the
science and profession, and Is gross mistake since
practising attorney good and lasting one,
who was not also deeply versed in the and
theory of the law. ! therefore cannot acquiesce in,
and never will yield TO, the vulgar Of putting
practice before and above tiheoryit is an unnatural
inrersion of the established order Of naturean igno
rant and slovenly way Of urging young men TO at
tempts far eyond the powers of the human ind
for # he grounds and of the science be
well known, tbe practice cannot be we'll known.
But the efUr, to which ! earnestly allude, is
iou ded upoh another, which is equally false and
row, v'z---that students learn the practice only in
practising ialcyers office On The contrary, gen
eral rule, II Is he very last place in which he ever
does, learn the pracce-and this can be made
extremely manifest. What is practice distinguish
ed from theory? Take single exampe-and er uno
disof omnes. The theory or law point says to the
student, liz lends his watch and sells it,
fuses 10 return it, may bring hat is called an ac-
ton of Trover and Conversion. Now trorer means
finding, and conversion appruprating it TO his
own use; and here, again, the student learns two
other theoretical law polnis-yiz that the find ng is
verbal fiction, not all material, to be
prorsd-and secondly, that the conversion 10y the de-
tendan to his consists in The WITHHOLD
ing the properly from the plaintiff, although it should
be ever SO clearly proved that be in way the
property for himself OF for any purpose whatever but
to Withhold Il from the plaintiff.
Now all this theory must be learnt and a good
deal more, before the practice comesand that practice
on the plaintiffs con, isis OF thorough know ledge
of he forms prsctdenis-hnd the jefenda nts part
of the like knowledge TO the Jorrnuie of the pleas
reJoinders &c There are, therefore books Of preee
dents these books unfold every practical proceeding
whatever, IN every action known TO the law--pro
gressively from the importation of the cr to he final
return upon the eTecution. These tor,nuie of wrlts
returns 10 wrhs-appeararces- bai!-mpaIlances
ACKNOWLEDGEMENTS of jures -trial--ex-
cepiions-yerdct-ju dgnen,-ex cuion--return of
execulion-oI, on the other hand, irial--or APP
peal &c, &c.-are all SIT forth in the fpreeed MS so
that, be who knows most of precedehts, knows most
of practice but stall these presidents cannot them
selves be understood, withou, a previous theoretical
know ledge. The question: then se into this
Canno, law student be well GROUNDED in all the
pecedenis. Iaio sensu, who never saw ur aclsinp
lawyers office 7 Aud why not On the contrary
cannot be learn far more OF practice 10y the jud
cious and careful stu ly of all the formula (Which he
never does IN practising lawyers oilice) than by
writing, rather copying, those SIMPLE and OCCASION
al dec arst ons, pleas, &c, which he master IN oce
assigns to the STUDENT l. il not uniformly the Sc
that all really difficult and responsible business of this
sort is done by the master himself whou, reoch
ing The eye OF the sludeDt-or " It does only
chanlcaliy copy II 2 Again; Who distinguish be-
tween real sui, in court, and fictitious one in which
one studeut prepares the wnt-anuther the return
another The decinratDn- some other the y ca &c
until all the practical proceedings are gone through
Aud hat prevents these students making record of
| the whole, and then comparing all with a c. ried re-
cord ON some court of justce in a like action All
this surely may be done a Law InsItution-and far
uer-more quetli land with more time thar in bus
offices where many precious hours often lost ia
useless messages-.ong walks--tianscr bling letters
COPYING (uo dsrising) declarations, pleas replica
| tons &c. generally the sole workmanship o the
master of the office, and very seldom that of the
student | confess that all this is To my mind extreme
ly plain and has long sfcd me of he popular and
serious error which has placed young men IN offices
where little either oftheory practice is learnt This
surely IL not always the casebut 1t is too often such
ss'many depending students have found and as ohers
have been compelled TO confess that they never
learned much of theory of practice until qtler they
came 10 lhe bar but which tine it was found very
up hill aud aIduous work, and sometimes not accom-
nj shed even hr, ugh whole life of toll. Doubtless
there many noble 'pons To The correctness OF
these remarks bul sln aver ~ as TACT, that my
experience has Dever made me acquainted With any
young ia,oyer, who, ia candid Conversation was not
wiling 20 confess that hs legal education had been
very ha-bszard-snd that practice To any really val
liable and abiding extent, the last thing a tud,nt
can ever hope Tor N practising lawyers ofIce
After an extensive practice Of seven and twenty
wears in all of the courts and devotion to the int
rests Of in,r students during much of that period, It may
not much to say that practice never be lost
ight ofin this lns'i,ulH and that nothing but mechoi
cal na,ropness Of legal sd,oaon unworthy # an en-
ii ,hicned lawyer could ever parouse the inli-
nation that such INSTITUTION only adopted for