The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-27
A CIRCULAR TO STUDENTS or LAW
In THE UNITED STATES.

|
| MARYLAND Law Institute. This establishment CONT
nued ia successful operation nearly eleven years, nav
ing received students from eIerea oil the states, anu
| from Two foreign countries owing 70 Tue pressure
of extensive practice simultaneously WIN ine "u
ties which the Hesitation involved resolved, IN The
year 1886 abandon not ly the pracce Of my ever
and long cherished profession, but also the La" insii-
tute and for health and ease sought the more genial
climates of Europe. Finding, al this time my healih
| perfectly restored and with II abatement whatever
of my zeal and devotion that great science, which,
in this county, of all Others needs To be mehodicay
and carefully sudied-aDd seeking, moreover NOUS
trious and continued occupation essential TO hopp-
10 land that knows idiers resos 10 re-esa-
blsh the Law instluion--and have selected Ihtia-
diphia lhe place of ts location. In 80 dong have
thought that city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Student and that in can more worthy
| economy be preserved, and yet with every requisite
| comfort.
The frequent ppications made TO me from dis
lance The former OCCASION IN regard to the parfie-
lars of my enterprise, induce me to anticipate similar
inquiries now-and, TO meet all such in 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 their cognaie and auxiliary topics, is spacious
and beautiful building, M. lit South Fifth street
suitable for the accommodation of about sixty stu
dents. The rooms all suitably fuIn shed, supplied
with an extensive law and miscellaneous library
Nth precedents Of practice every conceivable and APP
proved form. Students admitted at any time
throughout the year-courses OF study, and the re-
quste books are supplied, exactly TO heet the
wants and views of the student, according he may
design to practice his profession eithe, 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 theoyy-but the
deep and radical error OF parents well of students
Is carefully avoided allude the too erroneous
ton lhatIaw students to be made mechanical
artisasmere attorneys, learning practice by rote and
jealous of book knowledge being theoretical -
his 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 reasons and
theory of the law. | therefore cannot acquesce in,
and never will yield to- the vulgar error Of putting
practice before and above theory-i is unnatural
Inversion of the established order of gno-
rant and soveny way of urging young men on to at
tempts far beyond the powers of the human mind
for, if The grounds and of the science be
well known, the practice cannot be well known.
But the error, to which l earnestly alude, is
founded upoa another which is equally false and
row, vz-tha students learn the practice only in
practising inoyer's office! On The contrary as gen
era rule, 1t Is he very last place in which he
does, can learn the praclice-and his be made
extremely manifest What is practice distinguish
ed from theory? Take a single example-and ca uno
disco omnes. The theory, law point says to the
student if A lends his watch and sells it, or re-
fuses TO return it, A may bring what is called
ton ol 1TONtT anu CODNtTslDD NOW ifOrtT means
binding, and CONVERSION means approprialing 1t TO his
own use; and here again, the student learns two
other heofeficdf law points-vz. that the finding Is
now mere verbal fiction, not al all material To be
proped-and secondly, that the conversion by the de-.
ftndant to his consists in the WITHHOLD
ing the properly from the plaintiff although should
be ever clearly proved that he I'M way the
property for himself or for any purpose whatever but
| to withhold IL from the plaintiff.
Now all this theory must be learnt and good
| a Inf.r. 4
the plaintiffs part consists of a thorough knowledge
of the forms prectdeRs-and the defendants part
ofthe like knowledge to the formula of the pleas
rejonders &c. There are therefore books Of prece-
dents these books unfold every practical proceeding
whatever, IN every action known to the aw--pro.
gressiyey from The importation of the ,rii the final
| return upon the erecuiion. These formula of wrts
| returns TO raDces-boil-impaIlance
-contnuances-mpannell of jurics lrial-e1-
ceptions-yerdlct- judg ment-ex, cuiion-retur of
eXecuon-or, on the other hand new trial-or APP
peal, &c, &c-are all set forth in The fpreoed 80
that, be who knows most of preoedents, knows most
OF practice but stl these presidents cannot them
selves be unde rstood, without a previous theoretical
know ledge The question, then resolves itself into ths
| Cannot law student be well grounded in all the
precedents iaio setlsu who never saw a or sctising
| lawyers object And why not On the contrary,
cannot be learn far more of practice by the iudl-
cous and careful study of all the formula which be
| never docs IN practising lawyers Office than by
writing, OF rather copying those simple and occasion
al declarations, pleas &C. which the Of office
assigns 70 the students L. it not uniformly the case
that all really difficult and responsible business OF this
sort done by the master himself without reach.
ing the eye of the student-or Il does only to me
chanicoly copy IT Again Who can distinguish be-
tween real suitin court and fictitious one in which
one student prepares the wrIt-another the return
another he declaration some other the pea, &c
until all the practical proceedings gone through
And hat prevents these students making a record of
the whole and then comparing all with certified
| rf,fa sftg.,
| this surely may be done IN Law lnsituton-and far
b ttermore quiety -hnd with more time tina in busi.
Offices, where many precious hours often lost in
useless messages-ong walks--lIanscr bing letters
copying mo, deris,,g) declarations, pleas, replica
| tons SC. generally the sole workmanship OF the
master of the office and so very seldom that Of the
student confess that all this is TO my mind extreme
y plain and has Long sa ished of the popular and
! serious which has placed young IN Offices
where little either oftheory of practice is learnt This
surely Is not always the cssebut IT is too often sue
asmany dspondng students have found and az Others
have been compelled TO confess, that they never
learned much of theory Of practice until after heu
came tia bar but, at which time It found very
up hill and arduous work and sometimes not accom-
pushed through whole life of toll. Doubtless
there many noble exceptions TO the of
these remarks bot still, aver it az fact that my
experience has never made me acquainted with any
young iaicyer who, in candid Conversation was not
wiling 20 confess that his legal education had been
very hap-hszardand that practice any really val
liable and Ibding extent, ~ the last thing student
can ever hope for in practising lawyers office.
! After IN extensive practice Of seven and twenty
years IN all Of the courts, and devotion to the int
rests of lac Students during much of that period may
not be much to say that practice be lost
igbt ofin this Institution and that nothing but meohoui-
cal Of legal eduoaior unworthy e en-
ghtened lawyer, could ever pairopise the inti-
nation that such az Institution only adopted for
the incubation of the sisnee and not Of the Of our
profes sion--an intms,ion confined, doubtless TO a
very few bu, which, still, is fatal to the inte-
rests Of law students, and captivating 10 unin-
formed parents and guardians, and even 10 the arjen
student, who is 30 liable 10 be too anxious TO practice
before he has submitted to the tolls Of kaning hoo