The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-29
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

timofe Law School, under the uenoinnauo" VI '"e
Maryland Law Institute. This establishment conii-
nued in ssessul operation nearly eleven years, ba'-
ing received students from eieten oil the o'ses ahu
from Two foreign countries. Owing 10 Inc pressure
of extensive practice, simultaneously with the du-
ties which the Institution involved, resolved, In Tue
year 1886 to abandon not ly the practice oil my ever
and long cherished profession but also the La" inst
tute and for health and ease sought the more GENIAL
climates OF Europe Finding at this time, my health
perfectly restored and with II abatement whatever
of my zeal and devotion to that great science, which
in this country of all Others needs TO be mehodieaiiy
and carefully studed-and seeking, moreover indus
rious and continued occupation essential to happi-
IN land that knows no oilers resol' ed TO ie-esa-
blish the Law lnstltution-and have selected Phla-
dsipha the place of its location. In loiAg have
thought that city ia the Mon affords such various
and ample Inducements for all the purposss of the
Law Sutherland that in worthy
economy be preserved and yet with every requisite
comfort.
The frequent applications made 10 from dis
lance on the former OCCASION in regard the pariic
ulars of my enterprise, induce to anticipate similar
inquiries now-and, to meet all such in advance,
address this Circular, as all that offer in
explanation, and probably, as all that may be requi-
site.
The Institution, dedicated alone to law studies,
and their cogDate and auxiliary topics, is a spacious
and beautiful building, N III South Fifth street
suitable for the accommodation of about sixty stu
dents. The rooms all suitably iun shed supplied
with an extensive law and miscellaneous library
oh preedents Of practice every conceivable and
proved fJrm. Studenls admitted at any time
throughout the yeaI-courses OF study, and the re-
quisite books are supplied so exactly to acct the
wants and views of the student, according he may
design Ia practice his profession either 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 Mecry-but the
deep and radical of pare well as of students
Is carefully AVOIDED aIude TO the too erroneous no
ton that law students be made mere mechanical
artisdns-mere attorneys learning practice by rote and
jealous of bookknO,cledge, being too theoretical
his mIschievous error must inevitably degrade the
science and profession, and is gross mistake since
no practising Attorney was ever good and lasting one
who was not also deeply versed in the reasons and
theory OF the law. | therefore cannot cquiosce in,
and never will yield TO, the vulgar Of putting
practice before and above iheoryt is an unnatural
Inversion of the established order Of naiure-an gno-
rant and slovenly way of urging young on
tempts far beyond the powers of the human mind
for if The grounds and of the science be not
well known, the practice cannot he well known.
But the error, to which | 30 earnestly aude is |
ou nded upoh another which is equally false and ma
row, vzthat students learn the practice only in
practising lawyers office! On the cJnI,ry as gen
erai rule Is The very last place in which he ever
does can learn the pracliceand this can be made
extremely manifest What is practice as distinguis
ed from theory? Take a single example-and er ,no
disco o,nnss The theory law point says TO the
student if A lends bis watch and sells it, or re-
ton Of Trover and Conversion. Now trorer means
hndlng and conversion apprupriating il his
own usei and here, again, the student learns two
other heoretical law ponls-vz. that the finding is
now mere verbal fiction, not al all material TO be
prOpsd-and secondly that the conversion by the de-
PENDANT to his consists in the withhold
ing the property from the plaintiff, although should
be ever so clearly proved that he in way the
property for himself, for any pur pose whatever but
to withhold il from the plaintiff.
Now all this fLSo, la
deal more before the practice comesand that practice
on the plaintiffs par, Consists of thorough know ledge
oftheJornls precedens-and the defendant part
of the 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 iaw-pro.
gressey from the importation of the icrif to the final
return upon the execution. These formula of writs
returns TO neutrality-suspicious.
-continuances-mpdnnel of jurles -lral-eI- |
ceplions-ve Idict- judi ment-cXecution-return of |
executon-or, on the other hand new trial--or APP |
peal, &c, &c-are all set forth in the ipreced, MS SO
that, be who knows most of predicts knows most |
Of practice but STILL these presidents cannot them
selves be understood, without previous theoretical
know ledge The question, then, resolves itself into this
Cannot law student be well grounded in all the |
precedents lato Se'isu who never saw practising
LAWYERS Office And why not On the contrary /
cannot he learn far of practice by the iud- |
cious and careful study of all the formula whch he
never does in practising lSwyer's olice) than by |
writing, OF rather copying tho,c simple and occasion
al dec aTatons pleas &C. which he ma ster Of AN fics
assigns TO the STUDENT IL it uniformly the ca Sc
that all really difficult and responsible business of this
sort is done by the master himself without ever reach
ing the eye Of the student-or # il does only TO me-
chancay copy II Again; Who distinguish be. |
tween real suit in court and fictitious one n which
one student prepares the wrIt-aDoher the return
another he declaration some other the pea &c |
until all the practical proceedings are gone through
And vhat prevents these students making record Of
Ill. nj q
cord ON court of justice in a like action All
this surely may be done IN Law lnsituton-and far
b tter-mor quiet l--snd with more time than in busi
offices where many precious hours often lost ia
useless messages-long collaborating letters
copying mot derising) declarations pleas replica
tons SC 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
" plain and has long ga is6ed Of The popular and
serious which has placed young men IN onie,s
where little either oftheory practice learnt This
surely not always the case but 1t is too often such
smany deponding students have found and as Others
have been compelled TO confess, that they never |
learned much Of theory Of practice until after thew
came 10 the bar but at which time, paf found very
M. hill nod arduous work and sometimes not accom-
piished through whole life Of toll Doubtless
there arc many noble exceptions TO The correctness Of
these remarks but still, aver it fact, that ms
experience has never made acquainted With any |
young lo,oyer who in candid conversation, was not
wiling 20 confess that bis legal education had been
very hap-bszard-and that practice to any really val
liable and abiding extent Is the last thing student
can ever hope for IN practising lawyers office.
After az extensive practice of seven and twenty
wears in all fthe courts, and devotion To the int
rests Of iar students during much Of that period may
not be much to say that practice be lost
light ofn this Institut and that nothing but peoban
cal narooness Of legal education unworthy e an en-
lightened lawyer, could patronise the init
nation that such al Inst uiun was only adopted for
the medication ofthe science and not Of the Of our
profe.sion-sn intmation confined, doubtless TO
very few, but ~hich STILL Is oae fatal to the inte-
rests Of law students, and so captivating 10 unin.
al a..