The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-20
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

TN the year 1924, under the auspices ofthe Uniyet-
| | sity of MARYLAND stablished in the city OF Bal
| tmore Law School under the denomination OF The
| Maryland Law Institute. This establishment eon''-
nued Ia successful operation nearly eleven years nav
ing receive students from eierea oil the STATES ano
| from two foreign countries. Owing TO the pressure
of an ex ensive practice simultaneously with the du-
ties which the Institution involved resolved In tue
year 1886 10 abandon not lily the practice OF my ever
and long cherished profession, but also Tue La" i"s''
ute and for health and ease sought the more geniai
climates of Europe. Finding, al this Tune, my heaith
perfectly restored and with IT no abatement whatever
of my zeal and devotion to that great science which,
in this county of all Others needs TO be mehiodoay
and carefully studied-and seeking, moreover indus
rous and continued oecupaton essential to happ-
in land that knows no oilers reSo ed To e-esta-
| bllsh the Law Instution-and have selected Phita'
deiphia he place OF It's location. In so CONG have
thought that no city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that in can more worthy
economy be preserved and yet with every requisite
| comfort.
The frequent app ications made to from dis
lance, on The former OCCASION In regard 10 the pare-
tars of my enterprise induce TO anticipate similar
| inquiries now-and, To meet all such in advance,
now address this Circular, all that | oder in
explanation, and probably, as all that may be requi-
| site.
The Institution, dedicated alone to law studies,
and their cognale and auxiliary topics, IL a spacious
and beautiful building, NJ South Fifth street,
suitable for the accommodation of about sixty stu
dents. The are all suitably fum she'd supplied
with an extensive law and miscellaneous library
Nth preceden Of practice every conceivable and APP
proved flr,n. Studen's are admitted at any time
throughout The year-courses OF study, and the re-
quslte books are supplied, exactly TO neet the
wants and views of the student, according he may
design 10 practice his profession eher in the country
or in some of the maritime cities The laws of every
State in the Union are in some degree dwet upon
practice is constantly blended with heOry--but the
deep and radical of parens well of students
is carefully avoided aude to the too erroneous
ton that law students be made mechanical
arfisdnsmere attorneys Learning practice by rote, and
jealous of book kno,cedge, being too theoretical
This mischieVous error must inevitably degrade the
science and profession and is gross mistake, since
no practising attorney good and lasting one,
who was not also deeply versed in the and
theory of the law. | therefore cannot acquesce in,
and never VIII yield to, the vulgar error Of putting
practice before and above theory-it is unnatural
Inversion Of the established order of naurean igno-
rant and sovenly way of urging young men on TO at
tempts far beyond the powers of the human II ind
for If The grounds and reasons of the science be not
| well known, the practice cannot be well known.
But the error, to which earnestly allude, is
founded upoh another which is equally false and mar
row. viZ-that students learn the practice only ia
practising lawyers office! On the ~ 40 gen.
era rule, 1t Is the very last place in which be ever
does, or can learn the pracce-and this be made
extremely manifest. What is practice distinguish
| ed from theory? Take single examples and er ,mo
disco omnss. The theory law point says To the
STUDENT if lends b bis watch and b sells it, or re-
fuses to return 1t, may bring what is called
ton of IrJyer and Conversion Now froper means
BINDING, and conversion means aPproprating 1t to his
own use and here, again, the student learns two
other heoreiicdt law Poins-vlz that the finding Is
now mere verbal fiction, not al ali material TO be
propsd-and secondly, that the conversion by the de-
ttndant to his consists IN the WITHHOLD
ing the properly from the plaintiff although should
be ever so clearly proved that he in way used the
property for himself, or for any purpose whatever but
to withhold il from the plaintiff.
Now all tns theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiff part lists OF thorough know ledge
OF be forms prectdenh-and the defendants part
of the like knowledge to The formula of the pleas
rejonders, &c. There are, therefore books Of preee
denis these books unfold every practical proceeding
whatever, IN every action known t. the law--pro
gresslsely from the importation of the rt To the final
| return upon The ereouaion. These formula of wrs
returns TO ances-ball-ImpaIlance-
ACKNOWLEDGEMENTS of juries -lrial-ex-
| ceptions-verdct-j Observation-Disclosures of
executIon-or, on the other hand, new trid--or APP
peal &c, &c.-are all SIT forth IN the fpreced so
that, he who knows mo.t of prectdeaS, knows most
of practice but sui, these pecedenls cannot them
selves oe understood without previous theoretical
know ledge. The question: then reso Yes tse into this
Cannot a law student be well grounded in all the
pfecedeuts iaio senSu, who never saw a practising
lawyers office AID why not On the contrary,
! cannot he learn far more OF practice by the JUDI
cous and careful study of all The formula which be
never does in practising lawyer office than by
whiting OF rather copying, tho simple and occasion
al dec aratons pleas &C. which the Of an office
assigns 10 the sludentl T. it not uniformly the case
that all really difficult and responsible business Of the
is done by The master himself without reach
ing the eye Of the siuden-or If 1t docs only 10 me
chanically copy ~ A. ain: Who distinguish be
tween real suit in court and fictitious one ia which
one student prepares the Wnt-anuther the return
another he deelaralon- some other The pea, &c
until all the practical proceedings gone through
And hat prevents these students making record OF
the whole, and then comparing all with a ctrlifed re-
cord f ON some court of justice in like action All
this surely may be done Law Insiitution-and far
b ter-more quietli -and with more time than in busi
ness offices where many precious hours often lost H.
useless messages-'ong walk anscr bling letters
copying mot derising) declarations pleas, replica
tons sc. generally the sole workmanship o the
master Of the Office, and very seldom that Of the
sudent confess that all this l. 10 nv mind extreme
ly plain and has long is6ed of he popular md
serious which ha. placed young IN Offices
where little either oftheory Of PRACTICE is learnt This
surely j. not always the case bot II is too often such
as,many depending students have found and as othefs
have been compelled TO confess, that they never
learned much Olheory or Of practice until qtler they
came TO The bar but at which time It found very
uphill aud aIduOus work, and sometimes not accom-
pished even through a whole life of toll Doubtless
there are many noble exceptions 10 he correctness Of
these remarks but still, aver 1t fact, that my
experience has never made acquainted With any
young laicya, who, 10 candid conversation, was not
willing 20 confess that his legal education had been
very hap-bazard-and that practice 10 any really val
liable and abiding extent, is the last thing student
can ever hope Tor IN practising lawyers office.
Afcr extensive practice Of and twenty
wears IN all Of the courts and devotion TO the iie
r,ds Of ia,c students during much Of that period It may
not be too much To say that practice never be lost
light ofn this institution aud that nothing but ohani
cal narrooness Of legal education unworthy # an en-
lightencd lawyer could ever palrobise the init
nation that such Instr tuition only adopted for
the incuc ofthe fcienc and not Of the art of our