The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-24
A CIRCULAR TO STUDENTS or Law
IN THE UNITED STATES.

TN the year 1894, under the auspices ofthe uniset-
i sity of Maryland established in the city OF Bal
| umore Law School under the denomination OF the
| Maryland Law Institute. This establishment conf
nued in successful operation nearly eleven years nav
ing receive students from eierea OF the States ano
| from two foreign countries. Owing 10 me pressure
of an extensive practice simultaneously with the du-
ties which the Institution involved resolved IN Tue
year 1886 TO abandon not ally the practice OF my ever
and long cherished profession, but also the Law ins'-
tute and for health and ease sought the more genai
climates of Europe. Finding, at this time my health
perfectly restored and with II no abatement whatever
Of my zeal and devotion TO that great science, which,
in this country of all others needs TO be Dehodicaly
and carefully sudied-and seeking, moreover, indus
rous and continued occupation, essential to hspp-
ia land that knows tdies reso' ed 10 te-esa-
blish the Law lnstuton-and have selected fhiia'
delphia he place of lis location. In so doing have
thought that city in the Union affords such vanous
and ample inducements for all the purpUsfs OF The
| Law Sunderland that ia none a more worthy
economy be preserved, and yet with every requisite
| comfort.
The frequent ppicalions made to me from dis
lance the former occasion in regard To thepdtie-
uiaps of my enterprise induce TO anticipate similar
| Inquiries now-and, TO meet all such IN advance, !
now address this Circular, as all that can offer IN
explanation, and, probably as all that may be requi-
| site.
and their cognale and auxiliary topics, is spacious
and beautiful building NJ. ~ South Fifth street,
| suitable for the accommodation of about sixty stu
dents. The all suitably fum shed supplied
with extensive law and miscellaneous library
o precdents Of practice in every conceivable and APP
proved flrn. Studen's admitted at any time
] throughout The year-courses OF study, and the
quislte books are supplied exactly to neet the
wants and views Of the student, according he may
design practice his profession either in the country
or in some OF the maritime cities. The laws of every
State IN the Union some degree dwet upon
practice Is constantly blended with heG'y--but the
deep and radical error OF parents well of students
is carefully AVOIDED ailude the too erroneous
ton that law students be made mere mechanical
artsans-mere attorneys learning practice by roe, and
Jealous OF ook-knoptedge, being too theoretical -
This mschievous error must inevitably degrade the
science and profession and is gross mistake, since
no practising attorney good and lasting enc
who not also deeply versed in the reasons and
theory of the law. | therefore cannot acquiesce in
and never will yield to, the vulgar error Of putting
practice before and above heoryil is an unnatural
Inversion Of the established order of naure-an igno
rant and sIovenly way of urging young 10 at
| temps far beyond the powers OF the human n ind
for If The grounds and reasons of the science be not
well known the practice cannot be we'll known.
But the error, to which so earnestly allude, is
fou ,ded upod another, which equally false and
row, viz.-hat students learn the practice only in
practising a,oyers office, On The con,rery as gen
erai rule, 1t is the very last place in which he
does, or can learn the pracce-and this can be made
extremely manifest. What practice as distinguish
ed from theory? Take single exampe-and ca
disco omnes. The theory or a law point says to the
student, ,if A lends b his watch and b sells it, or
fuses To return II, A may bring what Is called
| ton of Irov6r and Conversion Now fropr means
finding, and conversion approprating il to his
| own use and here, again, the student learns two
other theoretical law polnts-viz that the find ng Is
verbal fiction, not at all material TO be
proped-and secondly, that the conversion by the de-
iendan, to his ocn consists III the mere WITHHOLD
ing the property from the plaintiff, although it should
be ever 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 learn, and good
deal more before the practice comes-and that practice
the plaintiffs part consists of thorough knowledge
fihe forms preeedenB-and the defendants part
of the like knowledge as to the formula of the pleas
reolnders &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw-pro
gressively from the importation of the or to the final
return upon the erectaon. These formula of writs
| returns TO writs-appesrances-bai-im
ntlnuances-lmpanneling of juries -lrial-er
cepons-verdict- judgment ecution-ret of
execution-or, on the other hand, tral--or ap-
peal &c, &c.-are all set forth in the Ipreoed,nl so
that he who knows mo.t of precedeHt, knows mos,
OF practice but still, these presidents cannot them
selves be. understood, without previous theoretical
ledge. The question: then resolves itse into this
| Cannot a law student be well grounded in all the
precedents, iato sensu, who never saw pr actsing
lawyers Office Add why not On the contrary,
eous and careful study of all the formula (Which he
never does in practising lawyers ofice) than by
writing rather copying those simple and occasion
al declarations pleas, &c, which he of office
assigns TO the siudenl T. ii not unifortny 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 student-or, " II does only To me
chanically copy III Again; Who can distinguish be
tween real suit in court, and fictitious Ia which
one student prepares the wnt-another the return
. nnothpr the declaration a fh,r he n Ar
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole, and then comparing all with certified
cord fiom court of justice in like action All
this surely may be done a Law Insltuton-and ia =
b uef-more queti ,-snd with more time than 10 bus
offices where many precious hours often lOst il
useless messages-,ong walks-lianscr.bng letters
copying mot deuising) decla atoms, pleas, replica.
tons, &c. 80 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
y plain, and has ling sa sfed me Of The popular and
serious error which has placed young men IN Offices
where little either oftheory ofpractlce is learnt This
surely il not always the but 1t is too often such
as'many desponding students have found and az others
have been compelled TO confess, that they never
learned much Of theory or Of practice until after ueu
came 10 the bar but which time It was found very
uphill and atduous work, and sometimes not accom-
piished even Though whole life Of toll Doubtless
there are many noble exceptions 10 The correctness of
these remarks but still aver IL a. a fact that nv
experience has never made acquainted with any
young laicyer, who, in candid Conversation, was not
! willing 20 confess that his legal education had been
very hap-hhzard-and hat practice, 20 any really val
liable and abiding extent ~ the last thing student
can ever hope for IN practising lawyers Office
After an extensive practice Of seven and twenty
years in all Of the courts and devotion to the inie-
rests Of lar students, during much Of that period il may
not be much TO say that practice never be lost
,rbl ofn this Insuuon and that nothing but tohai-
cal Of legal education, unworthy # an en-
lgh,ened lawyer could ever patronise the init
nation that such Institution only adopted for
the incubation of the science and not Of the art OF our
profe.son-an Intlpation confined, doubtless, to A