The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-06
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

Maryland Law Institute This establishment con't-
nued Ia successful operation nearly elesen years hav-
ing received students from eleren of the States, and
from TWO foreign countries. Owing 10 the pressure
of an extensive practice simultaneously with the du-
ties which the Institution involved resolved, ia the
1886 to abandon lily the practice OF my ever
and long cherished profession but also the Law lnsl-
tute and for health and ease sought the more genial
climates OF Europe. Finding at this time, my health
perfectly restored and with II no abatement whatever
of my zeal and devotion that great science, which,
in this country Of all others needs TO be meihodeaii
and carefully studied--and seeking, moreover, indus
tyous and continued occupation, 80 essential TO happ
ia land tina, knows oilers resols ed 10 Ie-esia
blsh the Law lnsttulion-and have selected Phila-
deihia the place of It's ocOton IN SO DONG have
thought that city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Sunderland that in can more worthy
economy be preserved. and yet with every requisite
| comfort.
The frequent app icalions made TO from dis
lance, the former OCCASION in regard to the paItic
uiars Of my enterprise induce TO anticipate similar
| inquiries now-and, TO meet all such in advance
now address this Circular, all that | offer IN
explanation, and, probably all that may be requi-
| site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary TOPICS spacious
and beautiful building N. III South Fifth street,
suitable for the accommodation OF about sixty stu
dents. The rooms are all suitably furn shed supplied
with an extensive law and miscellaneous library
wh precedets Of practice in every conceivable and ap
proved form. students admitted at any time
throughout The year-courses Of study, and the Ie-
quiste books are supplied, exactly TO .neet the
wants and views of the student, according he
design To practice bis pfoiesson eher IN the country
| or in some Of the maritime cities. The laws Of every
| State in the Union IN some degree dwelt upon
practice is constantly blended with ueCry-but the
deep and radical error OF pTent well of students
is carefully AVOIDED allude to the too
ton that law students 10 be made mechanical
dr,ansmere attorneys, learning practice by ro,e, and
Of InnE -I...s
This mschievous error must inevitably degrade the
science and profession aud Is gross mistake, since
no practising attorney was good and lasting enc,
who was not also deeply versed in the and
theory of the law. | therefore cannot acquesce in
and never will yield to, the vulgar error Of putting
practice before and above heory-it is unnatural
Inversion Of the established order of naure-an igno
rant and slovenly way of urging young men on 10 at
temps far beyond the powers of the human mind
for, If The grounds and reasons of the science be not
well known the practice cannot be well known.
| But the error, to which ! 30 earnestly aude, is
unded upoh another, which is equally false and
row, vz.that students learn the practice only in
practising a,oyerS office On the c0nfsry as gen.
eral rule, II is he very last place in which he
does, or can learn tie pracce-and this can be made
| extremely manifest. W hat is practice distinguish
ed from heory2 Take single example-and
disco omnes. The theory or law point says TO the
student, if lends his watch, and b sells 1t,
fuses to return it, may bring what is called an
ton of TrOver and Conversion. Now trOper
bnding, and conversion means apptopratlng II to his
| own USE and here, again, the student leans two
| other theoretical law pons-vlz. that the find ng IL
verbal fiction, not at all material or TO b,
prOvsd-and secondly, that the conversion by the de-
tcndan TO his ocn use consists in the mere WITHHOLD
ing the properly from the plaintiff although should
be ever clearly proved that he IN way the
property for himself for any purpose whatever but
| TO withhold It from the plaintiff.
Now all this theory mus. be learnt and good
deal more before the practice comes-and that practice
the plaintiffs part con lists of thorough knowledge
of he forms prec,denis-and the defendant part
ofthe like knowledge TO the formula Of the pleas
reonders, &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known 10 the Iaw--pro
excessively from the importation of the prii to the final
| return upon the execution These tornni9 of wrs
returns 10 bail--im pai lances
acknowledgement of juries -trial-tx-
cepons-verdlct- judgment-eI ,cution-return of
execuuon-or, on the other hand, triSl-or APP
peal sc, Acre all set forth IN the lpreeed ats
that he who knows most of prtcede ITS, knows most
Of prde,ct but stll, these precedenis cannot them
selves be understood without previous theoretical
knowledge. The question: then resolves tselfinto tn
Cannot law student be well grounded in all the
precedents Laio Sensl who never saw 4 Or actisinp
lawyers office And why not On the contrary,
cannot be learn far more Of practice by the JUDI
| cous aud careful study Of all the formula which ne
never docs ia practising lawyer Office than by
writing, rather copying, those simple and OCCASION
assigns to the s,udentl f. il uniformly the case
thai all really difficult and responsible business OF this
sort is done by the master himself without reach
ing The eye Of the sudcnt-or " does, only To
Chemically copy ~ Again: Who distinguish be.
tween real suit in court and fictitious one 10 which
one student prepares the Nnt-anuther the return
another The declaration some other the pea, DC
until all the practical proceedings gone through
And hat prevents these students making a record OF
tho whole then comparing all with o certified re-
cord iom court of justice in like action All
this surely may be done Law lnsHutiou--and far
tef-moIe quetl S-aDd with more time than IN busi.
ness offices where many precious hours often lost it,
useless mcssages-long walks-uanscr bing letters
eopting (uot derising) decai 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 to my mnJ extreme
w plain, and has lDg ished me of the popular nd
serious error which has placed young men IA offices,
where little either ofthcory Of practice is lcat1t This
surely Is not always The bot is too often such
asimany depending students have found and othefs
have been compelled to confess, that they never
learned much oftheoy Of practice until after they
came 10 the bar bot at which Tine 1t found very
up- hill and arduous work, and sometimes not accom-
ul shed even through whole life OF toll Doubtless
there are many noble pons to The correctness of
these remarks bot still ! aver it fact that nv
experience has never made me acquainted with any
po,,ng krrwr, who, In candid convcrsltion was not
wiling 20 confess tIa hs legal education had been
very haphozard-and lha, practice, TO any really val
liable and abiding extent. ~ the last thing student
can ever hope tor IN practising lawyer Office.
After an extensive practice Of seven and twenty
wears in all Of the courts and devotion to the ine-
rest, Of lGr students, duung much Of that period may
not be too much say that practice never be lost
rht ofn this Institution and that nothing bot mtchani-
cal naro,rness Of legal education unworthy tf an en-
Hthtencd lawyer, could ever patrOnise the init
nation that such Institution only adopted for
the medication ofhc science and not Of the ar OF ouI
profe,son-an intmaton confined, doubtless, 10 a
very few but which, stll is fatal 10 the inte-
resis Of law students and captivating 10 unin
formed parents and guardians, ard even 10 the ardent
student who y liable 10 be too anxious To praoiios