The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-03
4 CIRCULAR 70 STUDENTS OF Law
IN THE UNITED STATES.

Law School, unuef tue ueuouiu0sv" " - |
MARYLAND Law Institute. This establishment CONT
nued in successful operation nearly eleven years nav
ing received students from etsrW OF the olaies anu
from two foreign countries Owing TO the pressure
of an extensive practice simultaneously with the du
ties which the Institution involved, resolved ia Tue
wear 1886 10 abandon not aIy the practice Of my ever
and long cherished profession but also the Law ns'i
tue and for health aud ease sought the more GENIAL
climates of Europe. Finding, al this tme my heahn
perfectly restored and with abatement whatever
of my zeal and devotion that great science, which,
in this country of all others, needs TO be "ehoa'cay
and carefully studedand seeking, moreover, indus
rious and continued occupstcn so essential TO haPP
land that knows dlers rcsoi, cd TO e-e.ta-
blish the Law Instituiionand have selected ihi1'
dspia as the place of its location. IN doing have
thought that no city in the Union affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that in none Can u 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 Pattc-
uars of my enterprise, induce to anticipate similar
inquiries now-and, to meet all such IN advance,
address this Circular, all that can oier 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, NJ, III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably fuIn shed, supplied
with extensive law and miscellaneous library
oiM presidents Of practice in every conceivable and APP
proved firm. Students admitted at any time
throughout the year-courses OF study Ind the re-
qusite books supplied, exactly TO sneet the
wants and views Of the student, according AZ he may
design To practice his professon either in the country
in Of the maritime cities The laws Of every
State in the Union are in some degree dwelt upon
practice is constantly blended with theGry--but the
deep and radical Of parents, well of students
is carefully AVOIDED ailude to the too erroneous
ton that law students 10 be mnde mere mechanical
Gtisans-mere attorneys, learning practice by roe and
jealous of book knowledge, being too theoretical -
| This mischevous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was ever good and lasting enc
who was not also deeply yerstd in the reasons and
theory Of the law. | therefore cannot acQuiesce in
and never will yield to- the vulgar error Of putting
practice before and above theOry--t is unnatural
Inversion Of the established order of naiurean igno
rant and sloveny way Of urging young men on 10 at
| tempts far beyond the powers Of the human n lind
for if the grounds and of the science be not
| well known, the practice caanot be we'll known.
! But the error, to which | so earnestly allude, is
| founded upon another which is equally false and mar
row, vz.-that students learn the practice only in
practising lawyers office! On The CONTRARY, gen.
era rule, it is the very last place in which he ever
does or can learn the praciice-and this be made
| extremely manifest w hat is practice distinguish
ell from theory? Take single example-and er uno
disco o'nnes The theory, or law point says to the
student, if A lends b his watch, and B sells it,
| fuses TO return it, A may bring what is called an
| ton of Trover and Conversion. Now frorer means
finding and conversion means appropriang il to his
own use and here, again, the student learns two
other theoretical law pon,s-viz. that the find ng is
now mere verbal fiction, not at all material, To be
proved and secondly that the conversion by the de-
tsndant to his oion use consists IN the WITHHOLD
ing the property 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 Il from the plaintiff.
| Now all this theory must be learnt aud good
deal more before the practice that Practice
on the plaintiffs part consists Of thorough knowledge
ofihe forms preced<nts-and the defendants part
ofthe like knowledge to the Jor,nale of the pleas
rejoinders &c There are, therefore, books of prece-
deis these books unfold every practical proceeding
whatever, in every action known to the aw-pro.
excessively from the importation of the scrit he final
return upon the erecution These formula of wris
| returns 10 ces-baiI-impaI lances
-continuances-ImpanneI of juries -Irial--ex-
crptions-verdct-j udgment-ex, culion-.rc,urn of
execution-or on the other hand, tria---or APP
peal, Sc &c.-are all set forth in The ipreced mis- so
that, he who knows most Of precsdeRt, knows most
Of practice but STILL these presidents cannot them
selves be understood, without previous theoretical
knowledge. The question: then resolves itself this
| Cannot a law student be well grounded in all the
precedents, Lato sensu, who a pr actising
| lawyers ofiicel And why not I On the contrary
cannot be learn far more OF practice by the JUDI
cious and careful study Of all the Jormuie which he
never does in practising lawyers Office than by
/
al declarations pleas, &c, which The Of Office
assigns to the STUDENT Is it not uniformly the case
that all really difficult and responsible business of this
sort done by the master himself without ever reach.
ing the eye Of the student-or If does only TO me-
| cbancsy copy IL Again; Who distinguish be-
tween real suit in court and fictitious one IN which
one student prepares the wnt-another the return
another he declaration some other the pea, &c
until all the practical proceedings gone through
And " ha, prevents these students making record OF
the whole and then comparing all with certified re-
cord Fl om court Of justice in n like action All
/ this surely may be done in Law lnsuton-and far
b t,e-more quiet,-sn with time ih an in bus,.
offices, where many precious hours often lost 10
| useless messaCes--ong ~alks-transcr bing letters
copying mot d<rsng) declsi atoms pleas, replica.
tons &c. generally the sole workmanship o, the
master Of the office and very seldom thar Of the
student contestant all this is TO my mind extreme
ly plain and has long is6ed Of the popular and
serious which has placed young IN Offices
where little either OF theory practice learnt This
surely 10 not always the case-but II s too often such
ansny dsspondng students have found and as o,hers
have been compelled TO confess, that they never
learned much OF theory Of practice until after ey
came the Asr but, at which time found very
uphill and aduous work, and sometimes no, accom-
pished through whole life OF toll. Doubtless,
there many noble exceptions TO the correctness Of
these remarks bat still aver il a. fact that my
| OK experience has never made acquainted With any
| yong lo,oper 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, the last thing student
can ever hope Tor IN practising lawyers office.
| After an extensive practice of seven and twenty
years in all cf the courts, and devotion to the iafe-
Of isn Students, during much Of tina, period may
be much to shy that practice never be lost
light ofin this institution md that nothing but meohan-
cal narrornew Of legal efuooion unworthy e an en-
hghtened lawyer, could ever patronise the int.
nation that such Institution was only adopted for
the ncuIcs'ion ofthe science and not Of the art OF our
profession--sn intimstion confined, doubtless to a
very few bot which, still Is one fatal the in,e-
rests Of law students, and captivating 10 unn-
formed parents and guardians, and 90 the ardep
student who Is 20 liable to be too anxious 10 pracic,
before he has submitted to the tolls Of learning horc