The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-20
A CIRCULAR TO STUDENTS OF LAW
In THE UNITED STATES.

| u
timore a Law School under the denomination OF the
MARYLAND Law Institute. This establishment cont
nued in successful operation nearly eleven years, nav
ing received Students from escen OF the States, ana
from two foreign countries. Owing to the pressure
of extensive practice, simultaneously WIN the uu-
ties which the Institution involved resolved IN tue
year 1886 abandon not ly the practice OF my ever
and long cherished profession but also the Law insti-
tute and for health and ease sought the more gehsi
climates of Europe. Finding at this time my health
perfectly restored and with abatement whatever
of my zeal and devotion that great science which,
in this country of all others, needs TO be mefodeafy
and carefully studied-and seeking, moreover, INDUS
trious and continued occupation, essential To huPp
in land that knows oilers reso sed TO Ie-esla-
bsh the Law lnstiiulion-and have selected Phifa-
de pha he place OF its location. In 80 doing have
thought that city in the Union affords such various
and ample inducements for all the purposes OF The
Law Sutherland that in can a more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app icalions made TO me from DIS
lance the former OCCASION IN regard to the pdrtc-
uars of my enterprise, induce me TO anticipate similar
inquiries now--and to meet all such IN advance
address this Circular as all that can oiler IN
explanation and, probably, as all that may be requ-
site.
The Institution dedicated alone TO law studies,
and their cognate and auxiliary topics, Is spacious
and beautiful building, Np.Il7 South Fifth street
suitable for the accommodation Of about sixty stu
dents. The rooms all suitably shed, supplied
with extensive law and miscellaneous library
ciM precedents Of practice in every conceivable and APP
proved firm. Sud,ns admitted at any time
through bout the year--courses of study and the re-
quise books supplied, so as exactly To rect the
wants and views of the student according as he may
design practice his profession either in the country
or in some of the maritime cities The laws OF every
State in the Union in some degree dwelt upon
practice 10 constantly blended with Mecry--but the
deep and radical OF parens well of students
is carefully avoided allude TO the to erroneous no.
ton that law students 10 be made mechanical
arfsans-mere attorneys, learning practice by roe, and
jealous of Jook-kro,ctedge, being too theoretical 49,
This mischievous error must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney was ever good and lasting one
who was not also deeply veTsed in the and
theory of the law. ! therefore cannot acquiesce in,
and never will yield to, the vulgar error of putting
practice before and above theory-it is unnatural
Inversion of the established order of naure--an igno
rant and siovenly way of urging young men 10 at
tempis far beyond the powers of the human 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 allude is
ou ded upoa another which is equally false and mar
row. vz.-that students learn the practice only in
practising lawyers office! On The contrary, as gen
era rule, II is the very last place in which he ever
does, or can learn the pracliceand this he made
extremely manifest What is pracice distinguish
ed from theory? Take single xample-and tr uao
disco oninss. 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 an ac-
ton of Irover and Conversion. Now fr0per means
finding, and conversion means appropriating it to his
own use; and here, again, the student learns two
other theoretical law ponls-viz. that the finding is
now verbal fiction, not at all material 10 be
prousd-and secondly, that the conversion by the de-
fendant TO his consists in the WITHHOLD
ing the properly from the plaintiff, although it should
be ever so clearly proved that be in way useu the
property for himself for any purpose whatever but
to withhold Il from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice that prac
on the plaintiffs part consists of thorough know ledge
9TH forms or precdens-and the defendants part
OF the like knowledge TO the Jornis Of the pleas
reoinders, &c. There are therefore books of preee
denis these books unfold every practical proceeding
whatever IN every action known to the iaw-pro
gressiyeiy from the importation of the icrii to The final
return upon the ereciaion. These tornliI9 of wrs
returns 10 wriis-appearsrc balm pallances
-continuances-im panneliing of juries -Irial-eI-
cepions-yerdict-j udgment-exec oil
eXecution-or, on The other hand trial--or np-
peal sc, &c.-are all set forth in the gpreeed MS so
that he who knows most of preoedeps knows most
Of practice but still, these presidents cannot them
selves be understood, without previous theoretical
knowledge. The question: then resolves itself into tins
Canno, a law student be well grounded in all the
pecedens, iato sensu, who never saw a pr sctising
lawyers Office And why not On the contrary /
cannot be learn far more Of practice by the iud-
cious and careful study Of all the formula (vh ch he
never does In practising LAWYERS offce) than by
writing, rather copying those simple and OCCASION
al declarations pleas &c, which The master ofa Office
assigns TO the STUDENT Is it not uniformly the csse
that all really difficult and responsible business Of this
sort is done by the master himself without ever reach
ing the eye Of the sudent-or, lf IT does only To me-
chanically copy il Again: Who can distinguish be.
tween real suit in court, and fictitious one IN which |
one student prepares the wnt-another the return
another the declaration some other the pea, &c
IN, g.a.I.
And hat prevents these students ntSing record OF
the whole, and then comparing all with c, r,fed re-
cord flom some court OF justice in like action All
this surely may be done in a Law Insutution-and Tar
btter-more quetly--snd with more time than 10 busi.
me- offices here many precious hours are often lost In
useless messagef-,ong salks-jIanscr bnp letters
coming mot derising) decla ATOMS pleas teplica-
tons, &c. 90 generally the sole workmanship OF the
master Of the office, and very seldom that Of the
student confess that all this is TO my mind extreme
ly plain, and has long sfcd of The popular and
serious error which has placed young men 10 Offices,
whore little either oiheory or ofprsctico is learnt This
surely not always the case-but II is too often such
ssmany despondng Students have found and as others
have been compelled TO confess, that they never |
learned much oftheory or Of practice until aaer heu
came 10 the bar but, which time il was found very
uphill aud arduous work, and sometimes not accom-
pshed even Though whole life Of toll Doubtless |
there are many noble exceptions TO The correctness of
these remarks but still | aver it az a fact that nv
experience has never made me acquainted with any |
uoung idiryer, who in candid Conversation was not |
willing 20 confess that his legal education had been
very hap-hszard-and that practice, to any really val
liable and abiding extent rs the last thing a student
can ever hope for IN practising lawyers Office
After an extensive practice Of seven and twenty
years IN all Of the couts, and devotion TO the int
rests lar students, during much Of that period il NAV
not be too much to say that practice never be lost
ght ofn this institution and that nothing but meohani-
cal narocness Of legal education unworthy e an en-
ightened lawyer could ever paronsc even the init.
nation, that such 40 lnstutn was only adopted for
the incubation 9th science and not Of the ar Of our
profe. sion-an intmstIon confined, doubtless TO a
very few, but Which still is one fatal 10 the inle-
rests Of law siuderts, and captivating 10 unin.
formed parents and guardians, aud 20 the arden