The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-21
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

timofe Law School under the denomination oil Inc
Maryland Law Institute. This establishment eonl'-
nued in successful operation nearly eleven years nav
ing receivid students from eleven OF the STATES ana
from two foreign countries. Owing 10 the pressure
Of extensive practice simultaneously WIN 'o uu-
ties which the Institution involved resolved IN Tue
year 1886 TO abandon not iy the practice OF my ever
and long cherished profession but also the Law lhsl
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 eihodieaHy
and carefully studed-and seeking, moreover, indus
tsious and continued occupaon so essential To happ-
in land that knows no oilers reso ed TO e-esia-
bsh the Law lnstltution-and have selected Phila'
deipha as he place of its Iocotion. In doisg have
thought that city in the Union affords such various
and ample inducements for all the purposes OF the
Law Sutherland that in none can 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 to the parc
iias of my enterprise, induce me To anticipate similar
inquiries now-and to meet all such in advance, ]
now address this Circular, all that offer in
explanation and, probably, as all that may be requi-
| site.
The Institution dedicated alone TO law studies,
and their cognate and auxiliary topics, spacious
and beautiful building, N III South Fifth street,
suitable for the accommodation Of about sixty stu
dents The all suitably furn shed, supplied
with an extensive law and miscellaneous library
o preeedsnts Of practice IN every conceivable and APP
proved fJrn students admitted at any time
throughout The year-courses OF study, and the re-
quisite books supplied, exactly To neet the
wants and views of the student according he may
design practice his profession ether IN the country,
in of the maritime cities The laws Of every
State in the Union are in some degree dwet upon
practice is constantly blended with heory-but the
deep and radical OF parents, well of students
is carefully avoided allude to the too erroneous
ton that law students to be made mechanical
artsans-mere attorneys, learning practice by roe, and
jealous of bookknocledge, being too l,eoreiicat -
This mlschievous error must inevitably degrade the
science and profession, and Is gross mistake, since
no practising attorney was good and lasting one
who was not also deeply veIsed in the reasons and
theory of the law. l 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 na,urean igno
rant and slovenly way of urging young men TO at
tempts far beyond the powers of the human mind
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 aIIude, is
founded upoh another, which is equally false and
row, vz.-tbat students, can learn the practice only in
practising lawyers office! On the coniIery, gen
eral rule it is the very last place in which he ever
does, or can learn the praciice-and this be made
extremely manifest What is practice distinguish
ed from theory? Take single example-and er uno
disco onnes The theory law point says 10 the
student, if A lends b his watch, and sells it, or re-
fuses TO return it, A may bring what is called
| ton of Trover and Conversion. Now froper means
finding, and conversion means aPpropriang to his
| own usei and here, again, the student learns two
other theoretical law poinls-vz. that the finding is
now verbal fiction, not at all material or to be
prorsd-nnd secondly that the conversion by the de-
| iendan 10 his ocn use consists in the withhold
ing the property from the plaintiff although it should
be ever clearly proved that he in way used the
property for himself for any purpose whatever, but
| TO withhold II from the plaintiff.
Now all this theory must be learnt and a good
deal more before the practice comes-and that practice
on the plaintiffs part con, lists Of thorough know ledge
of The forms precedents-and the defendant part
OF the like knowledge 10 the formula of the pleas
reJoinders &c. There are, therefore books Of prece
denis these books unfold every practical proceeding
| Whatever, In every action known To the law-pro
gressvey from the importation of the priito the final
| return upon The erection These formula of wri,s
| returns 10 wrIts-appearances-b ail-impaIlances
-cont'nuances-lmpannell of juries -tral-e1-
ceptons-veIdct- Observation-Disclosures return of
execution-or, on The other hand, trial--or APP
peal &c, &c.-are all set forth in the 'pTtced,nis
that, he who knows mos of prectdeats, knows most
of practice but still, these presidents cannot them
selves be understood without previous theoretical
knowledge. The question: then, resolves itsefn this
| Cannot a law student be well grounded in all the
precedents iaio Serlsu, who never saw practising
lawyers office And why not On the contrary,
cannot he learn far more Of practice by the JUDI
cious and careful study Of all the formula (Which he
docs in a practising lawyers offce) than by
al declarations pleas &C. which the master fan Office
assigns to the sudentl Is it not uniformly the case
that all really difficult and responsible business of this
is done by the master himself without ever reach
ing the eye Of the sudent-or # does only TO me-
| chemically copy ~ Again Who can distinguish be
tween real suit in court, and fictitious one in which
one student prepares the wrIt-anUther the return
, another he declaration other the pea &c
until all the practical proceedings are gone through
And vhat prevents these students making record Of
the whole, and then comparing all with rtifcd
cord ON some court of justice in a like action All
this surely may be done Law InsItuton--and far
tter-more quetl yand with more time tina in busi
ness offices, here many precious hours often lost ia
useless messages-long walks-ifanscrbing letters
eop,ng mot devising declal atoms pleas replica
, tons &c SO generally the sole workmanship Of the
master of the office and very seldom that Of the
student confess hat all this is 10 my mind extreme
ly plain and has long sa isfed Of the popular and
serious which has placed young men IN Offices,
where little either oftheoy or ofpocce is learnt This
surely Il not always the csse-but 1t is too often such
as'many dponding students have found and as Others
have been compelled 10 confess that they never
learned much oftheory or Of practice until aner they
came 10 the bar but at which time II was found very
10 hill and arduous work, and sometimes not accom-
plished through whole life of toll Doubtless
there are many noble exceptions to the correctness Of
these remarks but still, | aver 1t az fact that nv
experience has never made me acquainted with any
young acyer, who, in candid conversation was not
willing 20 confess that his legal education had been
yery haphaz,rd-and that practice to any really val
liable and abiding extent, Is the last thing student
can ever hope for IN practising lawyers Office.
Aner an extensive practice Of seven and twenty
wears in all Of the courts and devotion 10 the ine-
rests Of iaio students during much Of that period it may
not be much say that practice never be lost
,irht ofn this institution and that nothing bu, m,ehan
cal narroicnes Of legal education unworthy e an en-
lirhened lawyer could ever patronise even the init
nation that such an Insti utn only adopted for
the incubation ofthe science and not Of the art of our
professon--an intmation confined, doubtless To a
very few hot Which, STILL is fatal TO the inte-
rests Of law students, and captivating 10 unin-
formed parents and guardians aud 10 the ardent
H.. I..ll, g. h..