The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-15
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

| Maryland Law institute This establishment cont
nued In successful operation nearly eleven wars ha'
ing received students from eecen OF the oiaes' ana
| from two foreign countries. Owing 10 the pressure
of an extensive practice simultaneously with the dl-
ties which the Institution involved resolved, IN tue
year 1886 TO abandon not lily the practice OF my ever
and long cherished profession, but also the Law inS-
lutte and Tor health and ease, sought the more geni
climates Of Europe. Finding al this time, my health
perfect! stored and with abatement whatever
of my zeal and devotion TO that great science, which
In tins county OF all others, needs to be mehodcaiy
and carefully studied-and seeking, moreover, indus
t'ious and continued occupation, essential to hspp-
ness IN land thai knows is resol ed 10 re-es,a-
bllsh the Law lnstlution-and have selected Ihila
deiphia as The place Of It's location In doag have
thought that city in the Union affords such various
and ample Inducements for all the purposes OF The
Law SiuJent-aDd that in u more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent app iealions made to me from dis
lance, on the former oocason regard TO the pariie
ulass OF my enterprise induce anticipate similar
| inquiries now-aDd, Ia meet all such IN advance,
now address this Circular, as all that can offer IN
explanation, and, probably as all that may be requ
| site.
! The Institution, dedicated alone to law studies,
and their cogDae and auxiliary topics u spacious
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
| dents. The rooms ali suitably fun shed, supplied
with extensive law and miscellaneous library
,c preeedents Of practice in every conceivable and APP
| proved form. Siud.ns admitted at any time
throughout the yeaf--courses OF study, and the re-
quisite books supplied, exactly TO neet the
and views Of the student, according he may
design 10 practice his profession, elhel IN the country
in of the maritime cities. The laws Of every
State IN the Union in some degree dwelt upon
practice is constantly blended with hec'y-but the
deep md radical OF pdrenis well of students
is fully AVOIDED aIiude TO the too erroneous
ton that law students to be made mere mechanical
artisans-mere attorneys, learning practice by rote and
jealous Of book acknowledge, being too theoretical -
| This mischevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney ever good and lasting one,
who was not also deeply yersed in the and
theory of the law. therefore cannot acquiescc in,
and never will yield to- the vulgar Of putting
practice before and above theory--t is unnatural
inrersion Of the established order Of nalure-an gno
rant and slovenly way of urging young at
tempts far beyond the powers of the human II ind
for if the grounds and of the science be not
| well known, the practice cannot be well known
But the error, to which | SO earnestly aIlude, is
ou nded upo. another, which is equally false and
row. vizthat students learn the practice only in
practising lawyers office On Tho c1n,r.ry, gen
era rule, 1t Is The very last place in Which he ever
does, can learn the prac,ice-and Tbs be made
| extremely manifest. w hat is practice Distinguish
| ed from theory? Take single exampe-and er uro
disco o'nnes. The theory a law point says TO the
| student if lends his watch and sells it, re-
fuses it, A may bring What is called
| ton of Troyor and Conversion. Now
finding, and conversion means appruprating II 10 HIS
own use and here again, the student learns two
other theoretical law poinls-viz that the find ng Is
verbal fiction not at all MATERIAL or TO be
proped-and secondly, that the conversion 10y the de-
iyndant to his consists in The mere WITHHOLD
ing the properly from the plaintiff although should
be clearly proved that he in no way USED the
property for himself OF for any purpose whatever bu!
| to Withhold II from the plaintiff.
| Now all this theory must be learnt and good
Il haftrr snt
the plaintiff part com ISIS of thorough know ledge
of The forms preotdenfsand, the defendants part
the like knowledge TO the formula of the pleas,
rejonders, &c. There are, therefore, books Of preoe
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro
excessively from the importation Of the prit to the final
return upon The ereetaon. These formula of wrs |
| returns TO ances-bail-impaIlsnces |
ACKNOWLEDGEMENTS of juries -rial-ex- |
cepons-verdict- udgment-eIecuton-re,uru of
eXecuuon-or, on the other hand, trial-Or APP |
peal &c &c.-are all set forth IN the ipreeed ns
that he who knows most of precedeHts, knows most
of practice but STILL these presidents cannot them
selves be understood without previous theoretical
knowledge. The question then tself this
Cannot a law student be well grounded in all the
piecedents iaio sessu, who never n pr practising
lawyers Office And why no, On the contrary, /
cannot he learn far more OF practice by the JUDI
cous and careful study of all the formula which he
never does In practising lawyers office than by
writing rather copying, those simple and occasion
al declarations pleas &c, which The master Of office
assigns u the sudcntl IL IL uniformly the
that all really difficult and responsible business Of this
sort is done by the master himself without teHCh
ing The eye OF the sudent-or, # II does only To
chanically copy It Again; Who distinguish be.
tween real suit IN court and fictitious one Ia which
one student prepares the wnt-anuther the return
another he declaration some other the pea, &c
until all the practical proceedings gone through
And hat prevents these students max ing record Of
the whole and then comparing all with o. rtiiied re-
| ..,l same of
| this surely may be done IN a Law lnsnuton-and far
ter-more quIetly and with more time thai 10 busi-
offices where many precious hours often lost 10
useless nessages-.ong waiks-ifanscr bling letters
copying (no, derising) declarations pleas, replica.
| tons SC SO generally the sole woIk manship o the
master Of the Office and very seldom that Of the
student confess that all this j. my mind extreme
y plain, and has long shed me Of he popular and
serious error which has placed young men IN Offices
where little either oftheOry practice learnt This
surely l. always the case bat IL Is too often such
as,many depending students have found and as other,
have been compelled TO confess, that they never
learned much of theory Of practice until after heu
came 10 the bar but at which tune 1t Wa found very
up-hil aud sIJuous work, and sometimes not accom-
pilshed even through whole life Of toll Doubtless |
there are many noble EXCEPTIONS TO The correctness Of
these remarks but still aver 1t az fact that my
experience has never made me acquainted With any
Young La,oyer who, 10 candid Conversation was not
willing 20 confess that his legal education had been
very bap-hazard-aud bat practice, to any really val
liable and abiding extent, - the last thing student
/ can ever hope Tor IN practising lawyers offce.
| After an extensive practice Of seven and twenty /
wears in all of the courts and devotion 10 theinb-
rests of Lac students, during much Of that period may
not be too much say that practice never be lost
iqht ofn this Institution and that nothing but Bechauii-
cal na1ro,cnes, Of legal education unworthy e an en-
lich,ened lawyer could paironse the init.
nation that such Institution only adopted tor
the nculcation ofhc science, and not Of the Of DOR
profe- sion-an ntmaton confined, doubtless, to q
very few, but which, s is ore fatal TO the in,e-
rests Of law students, and 80 captivating unin-
formed parents and guardians ADD even 70 the ardent
student who IL liable TO be anrioUs 70 practice