The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-12
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

Msryland Law Institute This ests blishment CONT
nued in successful operation nearly eleven years, nav
ing received students from eeren OF Tue states, anu
from two foreign countries. Owing 10 'he pressure
of an extensive practice simultaneously wlth the du-
ties which the Institution involved resolved, IN the
year 1886 TO abandon not lily the practice OF my ever
and long cherished profession, but also the Law ins
tute and for health aud ease sought the more genial
climates of Europe. Finding this time, my health
perfectly restored, and with Il abatement whatever
of my zeal and devotion that great science which,
in this country Of all Others needs to be sthodeai'y
and carefully studed-and seeking, moreover indus
-ious and continued occupation essential TO happ-
in land that knows no ies reso' ed to e-esta-
blish the Law instdution-and have selected Phiid-
deiphia as he place of lis location. In SO doiag have
thought that city in the Union affords such various
and ample Inducements for all the purposss of the
Law Sutherland that 10 none can more worthy |
economy be preserved and yet with every requisite
comfort.
The frequent applications made 10 me from dis
lance on the former OCCASION in regard TO the patie
tars Of my enterprise, induce me 10 anticipate similar
inquiries now-and, To meet all such ia advance,
now address this Circular, as all that offer nj
explanation and probably, as all that may be fcqul-
site
The Institution, dedicated alone to law studies,
and their cogDale and auxiliary topics, 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 extensive law and miscellaneous library
a1 precedents Of practice in every conceivable and APP
| proved fJrm. Studen are admitted at any time
throug bout the year-courses OF study and the re-
qulsite books supplied, exactly to .neet the
wants and of the student according as he may
design To practice his profession, ethe III the country
in of the maritime cities. The laws Of every
| State in the Union IN some degree dwelt upon
practice is constantly blended with heory--but the
deep and radical OF parents, well of students
is carefully AVOIDED allude the too erroneous no
ton that law students TO be made mere mechanical
artiSdns-mcre attorneys learning practice by rote and
jealous Of book knotciedge being too theoretical -
| his mischievous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney good and lasting ne
who was not also deeply vefsed 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- is an unnatural
nrerson Of the established od der of nature-an gno.
rant and slovenIy way of urging young at
tempts far beyond the powers of the human n ind
for # The grounds and reasons of the science be not
well known, the practice cannot be well known.
But the error to which | earnestly alude is
founded upoh another which is equally false and
row, vz-hat students learn the practice only in
practising lawyers office! On the c1nf.ry gen
eral rule 1t is The very last place in which be ever
does or can learn tae pracIiceand this be made
extremely manifest. What is practice distinguish
ed from heo,y2 Take single example-and ca
disco The theory law point says to the
student, if lends his watch and sells it, or
fuses to return it, A may bring what is called an ac-
ton of Trover and Conversion. Now rorer
binding, and conversion appropriating it his
own use and here, again, the student learns two
other theoretical law pOnls-viz. that the find ng Is
now verbal fiction, not all material or To be
propsd-and secondly that the conversion by the de-
fendant to his consists IA the WITHHOLD
ing the properly from the plaintiff, although it should
be ever clearly proved chat be in way used the
property for himself, OF for any purpose whatever but
to withhold II from the plaintiff.
Now all this theory must be learnt and good
q icsC hat
the plaintiffs part con, lists of thorough know ledge
of The forms preeedens-and the defendants part
ofthe like knowledge to the formula Of the pleas
rejoinders &c There are therefore books Of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw-pro
gessvey from the Importation of the ioii to he final
| return upon The ertctai0n. These formula of writs
returns 10 wrs-appcaran ces-bail-inpalla nces
| -continuanccs-lmpdnnell of juries -lrial-en-
| ceptions-verdict- gment-executIon-return OF
exccu,ion-or, on the other hand new rial--or APP
peal, &C. &c.-are all set forth in the 'peeed MS so
that he who knows most of pyccede Is knows most
of practice bu, STILL these pieccdents cannot them
selves be unde rstood, without previous theoretical
know ledge. The question, then, resolves itself this
| Cannot law student be well grounded in all the
pIecedents, idio SeiiSu who never saw practising
| lawyers oiiicel And why not 2 On the contrary
cannot he learn far more OF practice by The JUDI
cious and careful study Of all IN formula (Which be
never does ia practising lawyers oihce) than by
Writing, OF rather copying ho-e simple and occasion
assigns to the STUDENT IL it uniformly the case
that all really difficult and responsible business Of tins
done by the master himself without ever reach
ing The eye OF the student-or # it does only to me
| Chemically copy II Again: Who can distinguish be.
tween a real suit in court and fictitious one in which
one student prepares the writ-anuther the return
! another he declaration- 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. rfed re-
cord ION court of Justice in a like action All
this surely may be done Law lnsutution-and far
tter-more quietly and with more time than in bus.
ness offices where many precious hours often lost it,
| useless mcssages-.ong waiks-iiansCr bling letters
coming mot devising) declal atoms pleas repca-
! tons sc 50 generally the sole workmanship Of the
master Of the office, and very seldom that Of the
student. confess that all this is my mind extreme
ly plain and has long shed me of The popular and
serious which has placed young men IN Offices
where little either ofthcory practice is learnt This
surely Is not always the case-but IL is too often such
asmany deSponding students have found and as others
have been compelled to confess, that they never
learned much oftheoy or Of practice until after hev
came 10 the bar but a, which time II was found very
| uphill aud atduous work, and sometimes not accom-
! piished even through whole life Of toll Doubtless
there are many noble exceptions 10 The correctness of
these remarks but still | aver it a fact that my
experience has made acquainted With any
yo,ing atcyer who, in candid Conversation was not
willing 20 confess that his legal education had been
very haphazard-and that praooe TO any really val
liable and dbidi7g extent ~ the last Thing student
can ever hope for IN practising lawyers ofice.
After an extensive practice Of seven and twenty
years in all Of the courts and devotion 10 the ine-
rests Of la,c students during much Of that period NAV
not be much to say that practice never be lost
ight ofn this Instituto and that hing but nechan
cal nuruunes Of legal education unworthy e an en-
Ii thtened lawyef could palronise even the nt
nation that such Inst ution only adopted for
the incubation oflhe science and not Of the ari of our
ptofe,sion--an intmatIon confined, doubtless, to
very few but which STILL Is fatal TO the inte-
rests Of law students, and captivating TO unin-
formed parents and guardians aud 10 the ardent