The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-20
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

MARYLAND Law Institute This establishment CONT
nued ia successful operation nearly eleven years nav
ing received students from esres OF the States ana
from two foreign countries. Owing TO the pressure
OF an extensive practice simultaneously with the du-
ties which The Institution involved resolved Ia TIE
year 1886 abandon not lily the practice OF my ever
and long cherished profession, but also the La" i"s-
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 county of all others, needs TO be methodeaiiy
and carefully siudied-and seeking, moreover, indus
trious and continued cupation essential to hapP-
in land that knows ideys resols ed to ie-e-ta-
bl'sh the Law lDst,uiion-and have selected Fhita-
dspha The place OF It's location. In 80 dong have
thought that city in the u MON Affords such various
and ample Inducements for all the purp,sss OF The
Law Sutherland that in none can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app ica,ions made TO me from dis
lance The former OCCASION regard to the partie
tars of my enterprise, induce to anticipate similar
inquiries now-aDd, 10 meet all such in advance
now address this Circular, as all that offer IN
explanation and, probably, as all that may be Teqn-
site.
The Institution, dedicated alone to law studies,
and their cognaie 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 luTn she'd supplied
with an extensive law and miscellaneous library
tc prseedents o. practice IN every conceivable and APP
proved farn. Studens admitted at any time
throughout The year-courses OF study, and the re-
quisite books supplied, exactly neet the
wants and views of The student, according he may
design to practice his profession, eithe in the country
in Of the maritime cities. The laws of every
State IN the Union are in some degree dweIt upon
practice is constantly blended with theo,y-but the
deep and radical OF pare.!s, well as of students
carefully AVOIDED allude the too erroneous no
ton that law students TO be made mere mechanical
t,'ans-mere attorneys learning practice by rote, and
jealous OF k-knociedge, as being too theoretical -
This mischlevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney g..od and lasting one
who was not also deeply versed 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-ii is an unnatural
Inversion Of the established order Of nalurean igno
rant and sloveny way of urging young men on at
| tempts far beyond the powers of the human lind
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 allude is
founded upoh another, which is equally false and mar
row, vlz--tha students learn the practice only in
practising lawyers office On the coniI.ry, as gen
erai rule, 1t is he very last place in which he
does, learn the praclice-and this can be made
extremely manifest. What is practice distinguish
ed from theory! Take single exampe-and er unO
disco omnes The theory or a law point says to 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 frorer means
hndng, and conversion means approprating il to his
own use and here, again, the student learns two
other theoretical law points-viz that the find ng Is
a verbal felton, not at ali material, or to be
prored-and secondly, that the conversion 10y the de-
irndan TO his oicn consists in the WITHHOLD
ing the property from the plaintiff, although it should
be ever go clearly proved that he IN way the
property for himself for any purpose whatever but
10 withhold II from the plaintiff
Now all this theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiff part of thorough knowle
OF he forms precedenisand the defendant part
OF the Ike knowledge 10 the formula of the pleas,
reoInders, &c. There are therefore books Of preee-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw--pro
gressively from the importation of the uvit to the final
return upon The ertctaon. These toriui6 of wrls
returns 10 wrns-sppearsnces-ba ii-imparanceS
ACKNOWLEDGEMENTS of juries -rial-eX- |
cepuons-veIdIct-j judi Observation-Disclosures Of
execution--or, on The other hand, trial-or APP
peal &c, &c.-are all set forth in the ipreced MS 80
that be who knows most of precedents, knows most
OF practice but stll, these precedents them
selves be understood without previous theoretical
know ledge. The question: then se INTO thus
Cannot law student be well grounded in all the
precedents, iaio ansu, who never practising
lawyers ofhce2 And why no, 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
writing rather copying those simple and occasion
al declaratons pleas &c, which The of Office
assigns to the sudenl l. il not unfornly 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 sudentor, il does only to me
chanicaliy copy II Again; Who distinguish be
tween real suit in court, and fictitious IN which
one student prepares the nnt-another the return
another he declaration some other the pea &c
until all the practical proceedings gone through
And Nhat prevents these students maxim record of
the whole, and then comparing all with a certified
cord ION some court of justcein like action An
this surely may be done Law lnsIlution-and far
bier-more quetl, and with time than in busi.
ness offices where many precious hours are often lost il
useless messagos-long walks-,ianscr bling letters
copying mot deuising) declarations, pleas replica
tons &c generally the sole workmanship o the
master of the office, and very seldom that Of the
student ! confess that all this is TO my mind extreme
y plain and has Long ga shed me of he popular and
serious error which has placed young uen M Offices
where little either oitheory or practce Is learnt This
surely Is not always the casebu II is too oen such
as'many desyond,ng students have found and as uthefs
have been compelled TO confess, that they never
learned much oflheoy or Of practice until after hey
came to hs bar bot at which time II vas found very
uphill and arduous work, and sometimes accom-
pi,shed even through whole life Of toll Doubtless
there are many noble exceptions the correctness Of
these remarks bat still aver 1t az a fact that nv
| experience has never made me acquainted With any
young la,oyer, who, Ia candid conversation was not
wiling 20 confess that his legal education had been
very hap-hazard-and hat practice to any really val
liable and abiding extent the last thing a student
can ever hope for IN practising lawyers Office
| After IN extensive practice Of seven and twenty
years IN all Of the courts, and devotion 10 the inie-
rests fido students, during much Of that period II NAV
not be much say that practice never be lost
light ofn this instituted and that nothing but pecLani-
cal naTocness Of legal education unworthy e an en-
lirhtencd lawyer, could pairouse the init.
nation, that SUCH lnst ution only adopted for
the incubation of the science and Of the a of our
/ pfofes sion-an ntnotion confined, doubtless to a |
very few, but which, still is one so fatal to the inte-
rests Of law students, and captivating to unin. |
formed parents and guardians aud 10 the ARDEN
student who is liable 10 be anxious TO practice
elnre be has .nbmitled DO The lek Of L.arning hoc