The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-28
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

N the year 1924 under the auspices OF the unset-
sy OF Maryland | established IN the Guy OF BAL"
timore Law School, under the denomination Of Inc
Maryland Law Institute This ertaphrhmrht son"-
nued ia successful operation nearly eleven years h"
ing received students from eepen OF the States and
from Two foreign countries. Owing TO the pressure
of an extensive practice, simultaneously WIN 'he uu
ties which the Institution involved, resolved }" Tue
year 1886 obsndon not ally the practice oil my ever
and long cherished profession, but also the Law inSi
ute and for health and ease, sought the mofo gen'a'
elimntes of Europe Findiog at THIS time, my hea'h
perfectly restored and with II abatement whatever
Of my zeal and devotion 10 thai great science WINCH
in this country of all others, needs TO be msfodeay
and carefully studed-and seeking moreover, indus
vous and continued occupation, so essential 10 hapP'-
in land that knows tdies resol cd 10 e-esta-
blish the Law lDstiulion-and have selected fhiia-
deiphia as The place of It's location In dong have
though that no city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that In none can more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent app catons made to me from dis
lance the former OCCASION in regard TO the pdre-
ulays of my enterprise induce me to anticipate similar
quiries now--aDd To meet all such IN advance
now address this Circular, all that can offer IN
explanation, and probably, as all that may be Tequi-
site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, is spacious
and beautiful building, N. NJ South Fifth street,
suitable Tor the accommodation OF ABOUT Sky
dents. The rooms all suitably furn she'd supplied
with an extensive law and miscellaneous library
io preesdents u practice IN every conceivable and APP
proved fJrD. Studcns are admitted any time
throughout the year--courses OF study, and the
quisite books supplied, exactly to neet 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 In the Union are in some degree dwelt upon
practice is constantly pleaded with theory--but the
deep and radical of parents, well Of students
is carefully AVOIDED aude To the to erroneous
ton that law students to be made mere mechanical
drtisansmere attorneys learning practice by roie and
jealous of book-kno,oeoge, being too theoretical -
This mlschievous 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 error Of putting
practice before and above theory-it is unnatutal
nrerSi0n OF the established der of naturean gno.
rant and slovenIy way of urging young TO at
tempts far beyond the powers of the human mind
for if he grounds and reasons of the science be not
well known the practice cannot be well known.
But the error, to which | earnestly aude is
fou ided upoh another, which is equally false and
row, vz.tbat students learn the practice only in
practising a,oyers office! On The Contrary gen
eral rule, Is The very last place in which he ever
does, can learn the praclice-and this can be made
extremely manifest hat is practice distinguish
disco onines The theory or a law point says to the
student, if lends his watch, and Il sells it,
fuses to return IT, A may bring what is called an ac
ton of Trover and Conversion. Now rorer means
6nding, and conversion means appopriaing II to his
use and here, again, the student learns two
other theoretical law poinisvz. that the find ng is
a verbal fiction not at all material, or to BE-
proped-and secondly, that the conversion by the de-
tendan to his oton use consists IN the mere WITHHOLD
ing the properly from the plaintiff although it should
Iae nrtaa rio nyaIt NJ. bc, in m
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 comesand that practice
the plaintiffs part con, lists of thorough know ledge
of he forms prectdensand the defendants part
the like knowledge to the formula of the pleas,
reoinders &c. There are therefore books Of preee-
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro.
gressyely from the Importation of the w,t to the final
return upon the ereeMion. These JormuiG of wrIts
returns 10 ces-bail-impaIlaDces
ACKNOWLEDGEMENTS of juries -lrial-ex-
oepops-verdict- Judg Observation-Disclosures of
execution-or, the other hand trial-or APP
peal sc, &c.--are all set forth in The ipreeed, MS
that he who knows most of preeedeAk, knows most
of practice bat STILL these presidents cannot them
selves be understood, without a previous theoretical
know ledge The question, then resolves Itself this,
Cannot u law student be well grounded in all the
presidents iaio senp who never saw a pr actising
W
cannot he learn TAR nscfe of practice by the jude
cous and careful study Of all the tormuia (which he
never does in practising lawyers office than by
Writing OF rather copying tho-e simple and occasion
al declarations pleas Sc which he master of an office
assigns TO the STUDENT L. IL Unfornly the
that all really difficult and responsible business Of this
sort done by the master himself without reach
ing the eye Of the student-or, f 1t does only To
chanically copy II Again; Who distinguish be-
tween real suit in court and fictitious one IN which
1 res. he urtt- he
| another he declaration some other the pea, &c
until all the practical proceedings gone through
And " hal prevents these students making record OF
the whole and then comparing all with rtified
cord Fl ON some court of justice in a like action All
| this surely may be done In a Law lnstuon-and "a r
| b tter-more quiet,-aod with time than in busi-
Offices, where many precious hours often lost 10
useless messages-long wa'ks-lfanscr bing letters
coptrug mot devising) declarations pleas, replica.
tons &c so generally the sole workmanship the
master Of The Office and very seldom that Of the
student confess that all this is 10 my mind extreme
w plain and has long sa isied me of The popular and
| serious error which has placed young men Offices
where little either of theory or OF practice IL learnt This
surely - always the case but II is too often such
asmany deponding students have found and Others
have been compelled TO confess, that they never
learned much of theory or Of practice until after they
eamf 10 tks b., but which time II was found very
no hill and arduous work and sometimes not accom-
! pl,shed even through whole life Of toll Doubtless
there are many noble exceptions TO the correctness of
these remarks but still aver il a fact that my
eI pcrience has never made me acquainted with any
| young io,cyer, who in candid Conversation
wiling 20 confess that bis legal education had been
very hap-hazard-an that practice any really val
liable and abiding extent, - the last thing student
can ever hope Tor practising lawyers Office.
| After an extensive practice Of and twenty
wears in all rf the courts and devotion To the int
rests Of lac students, duung much of that period may
no, be too much say that practice be us,
light ofn this institution nd that nothing but rchani-
cal na,rocness Of legal education unworthy # an en-
hgbtened awyef could ever patronise the intl-
nation, that such an Institution only adopted for
the incubation of the science and not of the art Of our
profession--an intlmstIon confined, doubtless, to
very few but WHICH still is fatal the int
rests OF law students. and captIvstInp 10 nnin-