The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-11
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

IN THE UNITED STATES.
TN the year 1924 under the auspices ofthe Unlscf-
i lily Of Maryland, abshcd IN the city OF pat
tinore . Law school under the denomination OF me
Maryland Law institute. This establishment eo"h-
Dued in successful operation nearly eleven yesfr nav
ing received students from eIsre~ OF she States ano
from Two foreign countries. Owing 10 Tue pressure
of an OK ensiye practice with the du-
/ ties which the Institution involved, resolved, ia The
year 1886 To alb nlon lily the practice Of my ever
and long cherished profession but also the Law insi.
stsi aud, for health and ease sought tue more genial
climates of Europe. Finding, al this time, my heash
perfectly restored, and with It abatement whatever
Of my zeal and devotion that great science, which,
this country Of all others, needs TO be mehodicay
and carefully sunderland seeking, moreover indus
tYous and continued occupation essential to hspl-
in land that knows oilers resoI, ed TO le-ea-
blish the Law IDstitution-and have selected Phila
dpkia ,hc place OF its location. IN doing have
Thought that city in the Union affords such various
aud 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 FREQ uest app ications made 10 me from dis
lance the fbrmer OCCASION regard To The pariic-
uiars Of my enterprise induce to anticipate similar
inquiries now---and, to meet all such in advance,
now address this Circular, as all that offer IN
explanation, and probably, as all that may bc requi-
| sitr. 20. I'D tiit tNtF
| The Institution, dedicated alone to law studies,
|
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably furn she'd supplied
with an extensive law and miscellaneous library
ci precedsns Of practice in every conceivable and APP
proved fJrm. Studen are admitted at any time
throughout the year-courses Of study, and the re-
4uiste books are supplied, exactly to neet the
wants and views OF the student, according he may
design practice his profession either in the country
| or in some of the maritime cities The laws Of every
in tltrl JuiO in dya
practice il Constantly blended with Hecry--but the
deep aud radical error parents we'll Of Students
is carefully avoided auc to the too erroneous no
ton that law students to be made mere mechanical
artsaasnere attorneys learning practice by roie, and
jealous Of book kno,cedge, being too theoretical
This miscellaneous error must inevitably degrade the
science and pTofession and is gross mistake, since
no practising attorney good and lasting one
! who was not also deeply vefsed in the reasons and
theory Of the law. therefore cannot acquesce in
and never will yield to, tho vulgar error Of putting
practice before and above heory-it is an unnatural
Inversion Of the established order Of naurc-a igno-
| rant and sIovenly way OF urging young 10 at
! tcmpts far beyond the powers Of the human mind
for, The grounds and of the science be not
| well known, the practice Cannot DC we'll known.
| But the error, to which 80 earnestly alIude, is
ded upoa another, which is equally false and
row, that students learn the practice only in
practising lawyers office On The conir.ry as gen
eral rule, il is The very last place in which he
does, or can learn tue praclceand this be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and tr
disco onsncs. The theory, a law point says to the
student, if A lends his watch and sells it, or re-
fuses TO Ielurn il, A may bring what is called
ton of Troyer and Conversion. Now t,oper means
bnding, and conversion means appropriating il to his
| own use; and here, again, the student learns two
| other Meorefcdt law pons-viz. that the find ng is
now mere verbal fiction, not at all material or to be
prorsdand secondly, that the conversion by the de-
iendant to his consists in the WITHHOLD
ing The properly from the plaintiff, although should
be ever clearly proved that he ia no way useu the
properly for himself for any purpose whatever but
to withhold It from the plaintiff.
| Now all this theory be learnt and a good
deal more, before the practice comes-and that Practice
on The plaintiffs part cons lists of thorough ledge
ofthe Jorms PRECAUTIONARY the defendants pa n
OF the like knowledge TO the Jorn,ie 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
gressvey from the importation of the ,crit to The final
return upon the execution These formula of wrs
returns to wrs--appeprsn ces- balm pallances
ntinuances-impanneilihg of juries -irial--ex-
cep,ions--ycrdict- adgnen,-execution return of
exscuiion--or on the other hand new tria-,r np-
peal, &c &c.-a all forth in The ipyeced mis- 40
that, he who knows most of JreeedeHfs, knows most
of practice but still these rrecedenls cannot them
selves he unde rstood, without a previous theoretical
know ledge. The question: then resolve itself into this
Cannot a law student be well grounded in all The
precedents, iato sensu who never saw or actisinu
| lawyers office Add why not On the contrary
cannot he learn far more OF practice by the iud-
cious and careful study of all the fo,muo which ne
never does in practising lawyers office) than by
writing, OF rather copying thosc simple and occ aston
al decaratons, pleas &c. which he master If an office
assigns to the s'udentl lie uniformly the use
thai all really difficult and responsible business of this
sort Is done by the master himself without reach
ing the eye of the siudent-or # il does only To me-
cbancay copy IN Again, Who can distinguish be-
tween real sun in court and fictitious one In which
student prepares the erit-anuther the return
| another he decioratiJn- some other the % ca &c
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole and then comparing all with c, riifed re-
cord fiom some court Of justice in like action All
this surely rnny be done Law Insiitution-and far
b ,,cf-more quiet, and with more time than In busi-
ness Offices here many precious hours are often ost in
useless messages-ong walks--lanscr.blng letters
copying (not deris,ng) declsi ATOMS pleas replica
tons &c. so generally the sole workmanship OF the
master Of the ofice and very seldom tina, Of the
student confess ihat al this TO my mind crtreme-
ly plain and has long is6ed Of The popular and
serious which has placed young men IN Offices
where little either OF theory or of practice learnt This
surely, not always the but IT s too often such
amany degonding students have found and as others
have been compelled TO confess, that they never
learned much Of theory of practice until atler thew
came 10 the bar but which time ii ar fou nd very
uphill and arduous work and sometimes no, accom-
pishcd even Though whole life of toll Doubtless,
there are many noble exceptions to The correctness OF
these remarks but still, aver It fact, that my
experience has never made me acquainted with any
young iauyer, who, ia candid conversation, was not
willing 20 confess that his legal education had been
very hsp-hszard-and that practice, TO any really val
liable and abiding extent Is the last thing student
can ever hope Tor N practising lawyers Office.
! After an extensive practice of seven and twenty
years in all of the courts, and devotion TO the infe
rests oiom students, during much of that period itmay
be too much to say that practice never be lost
light on this institution and that nothing but pchani-
cal Of legal education, unworthy e an en-
lgb,ened lawyer, could ever rssrooise even the init