The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-05
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

| TN the year 1874 under the auspices OF the UniseI-
sity OF Maryland established In the city OF Bal
tmore a Law School, under the denomination OF the
Maryland Law Institute. This establishments CONT
nued ia successful operation nearly eleven years, haN
np received sudenls from eieufn OF the States ana
| from foreign countries. Owing to the pressure
Of an extensive practice, simultaneously WIN the dn-
ties which the Institution involved resolved, IN tue
year 1886 abandon ally the practice oil my ever
and long chersi profession, bat also the Law inst-
and for health and ease, sought the more genih
| climates OF Europe. Finding, at thus Tune, my health
perfectly restored and with IT abatement whatever
Of my zeal and devotion 10 that great science, which
In this country of all others, needs TO be methodeaiy
and carefully sudied-and seeking, moreover indus
trous and continued occupation, SO essential 10 happ
ia land that knows oilers resol cd to e-esta
| blish the Law lnsttuiion-and have selected Phtia
deiphia The place OF It's location In dorg have
thought that city 10 the Union affords such various
and ample Inducements for all the purposes OF The
| Law Siuden--and that In none can a more worthy
economy be preserved, and yet with every requisite
comfort.
The frequent applications made to me from dis
lance the former occasion, in regard 10 The partte
,ias of my enterprise induce to anticipate similar
| inquiries now-and, to meet all such ia advance,
now address this Circular all that | offer IN
PLANTATION, and, probably as all that may be requ
site.
The Institution dedicated alone to law studies
and their cognate and auxiliary topics, spacious
and beautiful building, NJ. III South Fifth street
suitable for the accommodation of about sixty stu
dents The rooms all suitably furnished supplied
with extensive law and miscellaneous library
Nth preesdents Of practice IN every conceivable and APP
proved firm. Studens admitted any time
throughout the year-courses OF study, and the re-
qulsite books are supplied, exactly to meet the
wants and views of the student, according he may
design 10 practice his profession, eIhe IN the country
or in some of the maritime cities The laws of every
State IN the Union are in some degree dweit upon
| practice is constantly blended with t.eory-but the
deep and radical error Of parents, well of students
I;a i. eli,
ton that law students are TO be made mechanical
artisans-mere attorneys, learning practice by roe, and
jealous of book knowledge, being heor eical -
This mlschievous 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 veIsed in the and
| theory of the law | therefore cannot acquiesce in,
| and never will yield to- the vulgar of putting
practice before and above theory-it is an unnatural
tnrerSion Of the established order of naturean igno
| rant and slOveny way of urging young at
| tempts far beyond the powers of the human ind
for # The grounds and reasons of the science be not
| well known, the practice cannot be well known.
But the error, to which | so earnestly allude is
fou ded upoh another, which is equally false and mar.
row, vIz-tha students learn the practice only in
practising la,oyers office! On he contrary, gen
eral rule, II Is he very last place in which he ever
does, learn the praciice-and this can be made
extremely manifest. What is practice distinguish
ed from theory? Take single exampe-and er uno
disco oplnes. The theory law point says to the
student If A lends his watch and sells it, or re-
fuses to return it, may bring what is called an ac-
ton of Trover and Conversion. Now troper means
finding, and conversion means appropraliog to his
own use and here, again, the student learns two
other theoretical law points-vIz that the find ng Is
verbal fiction not ali material or TO be
proped-and secondly, that the conversion by the de-
tndan to his consists the mere WITHHOLD
ing the properly from the plaintiff, although it should
be ever so clearly proved that he IN way the
property for himself for any purpose whatever but
TO Withhold II from the plaintiff.
Now all this theory must be learn, and good
dea more before the practice comesand that practice
on the plaintiff par consists of thorough know ledge
of The forms preetdens-and the defendants part
OF the like knowledge as TO the formula of the pleas,
Teolnders &c There are, therefore, books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw--pro.
gressvely from the importation of the rit to the final
return upon the eTtclion. These jormtil6 of wrrs |
returns 10 balm paIlances |
continuances-lmpdnnelling of juries -lral-ex- |
ceptons-ve rdct- judg ment-eI eculion-re,urn OF
eXecution-or on The other hand trial--or APP |
peal, &c, &c-are all set forth in the fpreceds so
that, he who knows mo.t of preeedesB knows most |
of practice but STILL these pTecedents cannot them
selves be unde rstood, without previous theoretical
ledge. The question: then resolves Itself into thus
Cannot a law student be well grounded in all the |
presidents, iato SenSu, who never saw pr actising
lawyers office 2 Aud why not On the contrary /
cannot he learn far more of practice by the jude |
cious and careful study of all the formula w hcn he
never does IN practising lawyers ollce) than by |
writing, OF rather copying those simple and occasion
al declarations, pleas &C. which the master of office
assigns 10 the student IL it not uniformly the case
tina, all really difficult and responsible business of this
sort Is done by the master himself without ever reach
ing the eye of the sludcnt-or If IL does only In me-
chemically copy i'll Again: Who can dist .neuish be-
tween real suit in court and fictitious one Ia which
student prepares the writ-another the return
another The declaration some other the pea &c
until all the practical proceedings are gone through |
md "a lat mai Ipg Z
the whole and then comparing all with certified re-
cord fom some court OF justice IN a like action All |
this surely may be done a Law Insiitution-and far
btter-more quietly-and with time thai IN bus.
ness offices where many precious hours often lost
useless messages-,ong walks-ttanscr bing letters
eopving mot d,riSing) declS atoms pleas, replica.
tons &c so generally the sole workmanship 81 the
master of the Office, and very seldom that OF the
student confess that all this is TO my mind extreme
y plain and has long sa shcd me of the popular and
serious error which has placed young IN Offices
where little either Theory ofprsctce Is learnt This
surely Is not always the casebut II Is too often such
asimany desponding students have found and others
have been compelled TO confess that they never
learned much oftheory Of practice until after hey
came 10 tbs bar but at which time 1t found very
up hill and arduous work, and sometimes accom-
nj shed even through whole life Of toll. Doubtless
there are many noble exceptions TO the correctness of
these remarks but still aver 1t a fact that nv
experience has never made acquainted with any
young ldioyer, who, in candid conversation was not
wiling 20 confess that his legal education had been
very hap-hazard-and that practice 10 any really val
liable and abiding extent, IS the last thing a student
can ever hope for IN practising lawyers Office.
After al extensive practice of seven and twenty
years in all Of the courts and devotion To the ine-
rests Of ino Students during much Of that period It may
not much to say that practice mover be lost
.ghtofn this institution aud that nothing but meehani-
cal naTrOioness Of legal education unworthy e an en-
i,htened lawyer, could ever paronise the int
nation that such an Institution only adopted for
the incubation ofhe science and not Of the art of our
professon-an intmatIon confined, doubtless, to a