The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-22
A CIRCULAR TO STUDENTS OF Law
IN THE UNITED STATES.

| MARYLAND Law Institute This establishment CONT
nued ia successful operation nearly eleven Years, h"S
ing recev. students from eisrem OF TIE o'a'e.' a"o
from Two foreign countries. Owing TO tho pressure
of ensse practice, simultaneously WIN the uu-
lice which the Institution involved, resolved IN the
1886 to abandon not ly the practce OF my ever
and long cherished profession, but also the Law losi
tute and for health and ease sought The more genial
climates OF Europe. Finding al this time, my heaih
perfectly restored, and with II no abatement whatever
Of my zeal and devotion ibat great science, which
in this county of all others needs TO be mfhodicaiiy
and carefully sludied-snd seeking moreover indus
t'ious and continued occupation, essential to hspp-
ness in land that knows idsrs resol' ed To 'e-ea-
bsh the Law lnstiulion-and have selected Phifs
dpha 40 he place OF ,ts location In so doug have
thought that city in the alo rJs such various
and an pie Inducements for all the purpose oil The
Law Sutherland that in more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app csons made to me from dis
lance the former occasion regard to the pariic
,lars Of my enterprise, induce to anticipate similar
inquiries no~--and 10 meet all ,uch in advance,
now address this Circular, all that | offer ~
explanation and, probably, as all that may be rcqui-
site
The Institution dedicated alone to law studies,
and their cognale and auxiliary topics, IL a spacious
and beautiful building, N III South Flflh street,
suitable for the accommodation Of about sixty stu
dents. The rooms allsuitaby furn she'd supplied
with an extensive law and miscellaneous library
irih preeedents g practice every conceivable and APP
proved firm. Sudtn are admitted at any time
throughout The year-courses OF study, and the re-
qusile books are supplied, 80 as exactly TO neet the
wants and views of The student according al he may
design To practice his profession ehei in the country
or in some of the maritime cities The laws of every
State 10 the Union are in some degree dwet upon
practice is constantly bIoaded with heoyy--but the
deep and radical OF parerss, well of students
is carefully AVOIDED aude the too erroneous no
ton that law students are to be made mechanical
Gtisans-mere attorneys Learning practice by roie, and
jealous of book kno,cdge, being heo retieai -
This mschievous error must inevitably degrade the
science and profession and is gros mistake since
no practising attorney was e. Oh and lasting ne
who was not also deeply veIsed in the reasons and
theory of the law. therefore cannot acquesce in,
and never will yield to, the vulgar If putting
practice before and above heory-it is unnatural
inrersion If the established der Of naure-an 10 no
rant and sovenly way of urging young
temp's far beyond the powers of the human mind
Tor, # he grounds and reasons Of the science be not
well known, the practice cannot be well known.
But The error, to which | earnestly aude is |
fOu ded upo another, which is equally false and
row, What students learn the practice only
practising lawyers office On The conI.Ty gen
era ruiz, 1t Is he very last place IN whi,h he ever
does, or can learn the pracce-and his be made |
extremely manifest. W hat is practice distinguish
| ed from theory? Take single examp le-and er uno |
disco omnes. The theory or law point says To the |
student, if lends bis watch ADD B sen, it, or re-
fuses 10 return it, may bring what is called ac-
tlon OF rover ana ConVerslon. Now frorSr means
binding, and conversion means Apr priapg to his |
own use; and here, again, the student learns two
other theoretical law ponsviz. tina, The find ng is !
now mere verbal fiction, not at all material or 10 be
prored-and secondly that the conversion by the de-
icndant 10 his consists Ia The mere WITHHOLD
ing the properly from the plaintiff, although it should
be ever clearly proved that he no way uscd the
property tor himself, OF Tor any purpose whatever, but
10 withhold from the plaintiff.
Now all this theory must be learnt aud a good !
deal more, before the practice comes-and that Practice
on the plaintiff part con lists of thorough know ledge
of he forms fpreetdents-and on the defend part
OF the like knowledge to the fornuie Of the plea
rsoinders &c There are, therefore books Of prece
dents these books unfold every practical proceeding
Whatever in every action known to the law-pro
excessively from the importation of the ,ort TO the final
return upon the erecution These formula of wrl,s
returns 10 rccs-bai-Iopailances
acknowledgements Of junes -Irial-ex-
ceIiioDs-yeTdict-ju dghent-eIt cution-r return of
execu,iun-or on the other hand new trial--or APP
peal Sc &c.-are all st forth in The prsoed MS 80
that, he who knows mos, Of preeedeais, knows most
Of practice bu, st these precedenis cannot then.
selves he unde rsiood, without previous theoretical
know ledge. The question, then, itse nto
Cannot a law student he well grounded in all the
precedens, !ato senst, who never saw pr Bctsinp
lawyers Office 2 Nod why not On the contrary
cannot he learn FAR more OF practice by the JUDI
cous and careful study of all the formula (which he
never does in practising lawyers Office than by
wung, OF rather copying, iho-e SIMPLE and OCCASION
al dec arBtons, pleas &c, which he master 81 office
assigns f. the student l. 1t uniforay the case
that all really difficult and responsible business of this
done by the master himself without ever reach
ing The eye of the sludent-or II II does only 10 mc-
chemically copy u Again; Who distinguisi be
tweens real suit court and fictitious IN which |
student prepares the wnt-anuther the return
another The declarstiDn- some other the ca &c |
until all the practical proceedings are gone through
And that prevents th,se students making record of
the whole, and then comparing all with ru6ed
cord hom some court OF justice in like action An
this surely may be done Law InstItution-and far
b uer-more quietly with more time thar in bus.
offices where many precious hours are often lost il
useless messages-oDg saks-tfanscr bling htiers- |
oopving mot d<rising) declarations, pleas replica
tons, sc. so generally the sole workmanship o the |
master of the Office and very seldom that Of the |
student confess hat Of this is 10 nv mind extreme
" plain, aud has long is6ed Of III popular and
serious which has placed young IN Offices
where little either oftbeury fpracticr is learnt This
surely not slvays the ase-but II IL too often such
asnnny desyondug students have found md as Dhers
have been compelled TO confess, that thy never
learned much Of theory or Of practice until after they
came 10 the bU but, at which tue, 1t found y~ry
Of hall aud aIduous work, and sometimes not accom-
p shed even thI, ugh whole life OF toll Doubtless
there are macy noble Nc-piobs he correctness of
these remarks but still aver it as a fact that m,
81 prfepce has never made me acquainted Nth any
young io,cper who, IN candid oonsersaiinn was not
wiling 20 confess tnat his legal education had been
very hsp-hsz ,rd-snd that practice any really val
liable and abiding extent the last thing n student
can hope Tor N practising lawyers offce.
After In extensive practice Of seven and twenty
years in all VI the courts and devotion To the int-
rests Of ino students during much Of that period It NAV
not be much to say that practice be lost
ight ofin this lnsun ana that nothing but neohani-
cal Of legal education, unworthy e an en-
Ii thiencd lawyer, coud ever patrnbse even the int.
nation that such az lnsti' uti,n only adopted for
the incuc Of The science and not of the ar of our
profe, sion-an ibtinston confined, doubtless 10 n
very few, bot which, srh, is one fatal 10 the inte
rests oi law student- and so captivating TO unin.
formed parents and guardians AID to the arden
h, IL it,ble In Ia.