The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-17
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924 under the auspices fthe Univer-
i SHY of Maryland established in the city OF Bal
timofe Law School, under the denomination OF the
Maryland Law Institute. This establishment conf
nued in successful operation nearly eleven years hav
ing received students from sleren OF the States and
from two foreign countries. Owing to the pressure
OF an extensive practice simultaneously with The du-
ties which the Institution involved resolved 10 the
year 1886 10 abandon not ally the practice OF my
and long cherished profession but also the Law lnsii
tute and for health and ease sought the more genial
climates OF Europe. Finding, al this tune my health
perfectly restored, and with II no abatement whatever
OF my zeal and devotion TO that great science which,
in this county of all others needs be eihodieay
and carefully sudied-snd seeking, moreover, indus
trous and continued occupation essential to happl-
ness IN land that knows oilers reso ed TO eesta
bllsh the Law lnstuion-and have selected Phiia-
deiphia as The place of It's location In so soing have
thought that no city ia the Mon affords such various
and ample Inducements for all the purposes Of the
Law Siudent-and that in can a more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent applications made to me from dis
lance, on the former OCCASION in regard To the paic
ulars of my enterprise induce to anticipate similar
| inquiries now-and, To meet all such ia advance,
address this Circular, as all that can offer IN
explanation, and, probably, as all that may be requi-
| site.
| The Institution, dedicated alone to law studies,
and heir cognate and auxiliary topics, is a spacious
| and beautiful building, N. ~ South Fifth street,
|
dents. The all suitably fun shed, supplied
with extensive law and miscellaneous library
% precedents Of practice IN every conceivable and APP
proved firm. Siud,ns are admitted at any time
throughout the year-courses OF study, and the TO-
qulsite books are supplied, exactly 10 acct the
wants and views of The student, according he may
design la practice his profession eber in the country
or in some of the maritime cities The laws of every
State in the Union in some degree dwet upnn--
practice is constantly blended with hecry--but the
nln Of y,Je,
is carefully avoided aude TO the too erroneous no
ton that law students to be made mechanical
a,tsans-mee attorneys Learning practice by roie, and
jealous OF book-kro,ctedge, being too theoretical -
This mischievous error must inevitably degrade the
science and Profrssion and is gross mistake, since
no practising attorney was good and lasting one,
who was not also deeply versed in the reasons and
theory of the law. | therefore cannot acauesce in
and never will yield to, the vulgar Of putting
practice before and above heOry-it is an
Inversion Of the established order of naure-an igno-
rant aud sloveniy way of urging young on at
| temp!s far beyond the powers of the human mind
for # The grounds and reasons of the science be
| well known, the practice cannot be well Known.
| But the error, to which | earnestly allude is
iou dcd upoh another, which is ualy false and
row, vz.-hat students can learn the practice only in
practising lawyers office On The contr.ry gen
eral rule, 1t Is The very last place in which he ever
does, or can learn the pracce-and this can be mad,
extremely manifest. What practice as distinguish
ed from theory? Take single example-and tr ,tno
disco omnes. The theory or a law point says to the
student, If lends B his watch and sells it,
fuses TO return 1t, may bring what is called
| ton of TTover and Conversion Now trorer
finding, and conversion means appro praiiUg it to his
| own use and here, again. the student learns two
other theoretical law poins-yiz. that the find ng is
now mere verbal fiction, not at all material 10 be
prorsd-and secondly, that the conversion by de-
trndant to his consists in the WITHHOLD
ing the property from the plaintiff, although IL should
be ever so clearly proved that he IN way 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 cons let's Of thorough knowledge
ofthe forms prectdens-and the defendant part
ofthe like knowledge 10 the formula 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.
gessvey from the importation of the ,ori to the final
| return upon The ereciaion. These formula of wrils
| returns 10 vrns-appearances-bail-im aIances
| -coDtInuances-impanne Of jures -ria-e1-
| ceptions-verdct-j Observation-Disclosures of
execution-or, on The other hand, new trIsl-or APP
peal &c, &c.-bre all set forth in the fpreced MS so
| that, he who knows most of precedeHl, knows most
of practice but stli, these rreoedenls cansot them
selves be understood without previous theoretical
know ledge. The question: then into this
| Cannot law student be well grounded in all the
! pecedents, Lato sen,u, who never pr acts ng
| lawyers office 7 And why not On the contrary
| cannot he learn far more OF practice by the JUDI
cious and careful study of all the trmula which be
never does in practising lawyers Office than by
writing, rather copying, tho,e simple and OCCASION
al declarations pleas &c., which The master Of Office
assigns to the sudent} IL IL 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 sudent-or, if il does only 10 me
chanicaliy copy i'll Again: Who can dist nguish be.
tween real suit in court and fictitious one ln which
one student prepares the ~nt-snother the return
another he declaration some other the pea, SC
until all the practical proceedings gone through
And hat prevents these students making record Of
the whole, and then comparing all with certified
cord Il ON court OF justice in like action All
this surely may be done Law lnsIituton--and far
| tter-more quietly with time than IN bust.
mes Offices here many precious hours often lost 10
useless messages-.oDg walks-ifanscr blnn letters
ooplirg mot derising) declsI atoms pleas, replica
tons sc. so generally The sole workmanship o the
master Of the office and so very seldom that Of the
student | confess that all this j. 10 nv mind extreme
Nv plain, and has Long shed Of The popular and
| serious which has placed young IN offices
whore little sither oitheory or Of prfctce is learnt This
surely j. not always The case-but II II too oen such
as'many depending students have found and as Others
have been compelled TO confess, that they never
learned much of theory Of practice until after heu
came 10 he ksr but at which tine II wac found very
up hill and arduous work, and sometimes accom-
pished even through whole life Of toll. Doubtless
there many noble exceptions TO The correctness OF
these remarks but STILL aver it az fact that my
er prrience has never made me acquainted With any
voung ia,ryer, who, 10 candid conversation was no,
Wiling 20 confess that his legal education bad becr'
very hap-hazard-snd that praoes to any really val
liable and abidng extent, - the last thing a student
can ever hope Tor IN practising lawyers Office
After an extensive practice Of seven and twenty
wears IN all Of the courts and devotion 10 the int
rests Of ino students, dummy much Of that period, u may
not be much to say that practice be lost
ight ofn this lnstuton and that nothing but reohani-
cal narro1one Of legal education unworthy e an en-
lightened lawyer could ever parobse the init.
the incucapn ofthe science and not Of the nu Of our