The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-15
A CIRCULAR TO STUDENTS OF Law
IN THE UNITED STATES. "

n
tnore Law School under the denomination OF the
MaIylan Law Institute. This establishment CONT
nued Ia successful operation nearly eleven years nav
ing received students from eierna OF the States, ana
from Two foreign countries Owing TO we pressure
OF an extensive practice simultaneously WIN the uu-
lies which the Institution involved, resolved IN the
year 1886 TO abandon ally the practice OF my ever
and long cherished profession but also the Law ins'i
tue aud, for health and ease sought the more gens'
climates of Europe. Finding at this time my hfallb
perfectly restored and with abatement whatever
Of my zeal and devotion that great science winch,
in this county of all others needs TO be inehodiea
and carefully studed-and seeking, moreover indus
lrious and continued oecupapD, essential to haPpi
ness in land that knows no oilers resols cd TO e-esia
hlish the Law Institulion-and have selected Ihia
dhia as the place OF It's location. In so dong nave
thought that city In the Union affords such various
and ample inducements for all the PURPOSES of The
Law Sutherland that IN none a 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 10 The pdte-
aTs of enterprise, induce me To anticipate similar
inquiries now-and, to meet all such in advance,
now address this Circular, all that can offer III
exIanaton, and probably, as all that may be requi-
site.
The Institution dedicated alone 10 law studies,
and their cogna,e and auxiliary topics, Is spacious
and beautiful bu ding, NJ. 1T South Fifth street,
suitable for the accommodation OF about sixty stu
DENTS The rooms are ali suitably ium she'd supplied
win an extensive law anu Hliectliahcous HpfaIy-
c preedents Of practice every conceivable and APP
proved firm. Studen's admitted at any time
Throughout the year-courses OF study, and the Ie-
quislc books are supplied SO as exactly TO meet the
wants and of the student, according he may
design practice his profession cher IN the country
or IN some of the maritime cities The laws Of every
State in the Union in some degree dwelt upon
practice is constantly blended with hetry--but the
deep and radical OF pDen well of stdsnts
is carefully avoided-I aiIude the too erroneous
u be
atsdnmere attorneys learning practice by role and
jealous of book-knoictedge, being too theoretical -
This mischievous error must inevitably degrade the
science and profession, and is gross mistake since
practising attorney was ever god and lasting one
who not also deeply veTsed in the reasons and
theory Of the law. therefore cannot acquiesce in |
and never will yield 10, the vulgar Of putting
practice before and above theoryit is unnatural
nrersOn of the established order of nature-an gno
rant and slovenIy way of urging young at
empts far beyond the powers of the human m ind--
for if The grounds and reasons of the science be
we'll known, the practice cannot be well known.
But the errcr, to which | earnestly aIude is |
ou nded upoh another which is equally false and
row, vzthat students learn the practice only in
practising lawyers office! On the con,r.ry as gen.
era rule, is The very last place in which he
does or can learn the praciice-and this be made
extremely manifest What is practice as distingu |
ed from theory? Take a single example-and er ,ro !
disco fhe theory or law point says to the
STUDENT if A lends his watch, and sells it, or re-
fuses TO return it, may bring what is called an ac-
ton of Trover and Conversion. Now frorer means |
binding, and conversion means appropriation IT TO his
own use; and here, again, the student learns two
other theoretical law ponls-viz. that the finding is !
mere verbal fiction, not oil material or TO be
p,orsd-and secondly that the conversion by the de-
PENDANT TO his olcn itSe consists IN the WITHHOLD
ing the properly from the plaintiff although it should
be ever so clearly proved that he in way the
property Tor himself or for any purpose whatever but
10 Withhold It from the plaintiff.
Now all this theory must be learnt and a good |
deal more before practice comesand that praciire
on the plaintiffs part com lists of thorough knowledge
of The forms or prectds-and, the defendants part
ofthe like knowledge the to7nuip of the pcas
rejonders, &c. There are therefore books of prece
dents these books unfold every practical proceedinr
whatever, in every action known to the iaw-pro.
gressively from the importation of the 1f to the final
return upon the erectaion. These formula of wrils
returns TO wrts-appearar bai-inp PAL noes |
continuance mpannelling of juries -Irial-e1-
cepions-veTdict- Judgment-execu tion-return of |
executIon-or, on the other hand new tral-or an |
peal SC, &c.-are all set forth in the Jreced MS so
that he who knows most of precedeais knows most |
Of practice but still, these precedents cannot them
selves be understood, without previous theoretical
knowledge. The question, then resolves itself into thus
Cannot law student be well grounded in all the |
precedents, iaio sensu who never saw or actisinp
lawyers office 2 And why not On the contrary /
cannot he learn far more of practice by the iud- |
cous and careful study of all the tormuio (Which nc
never does ia apractisng lawyers ofice) than by |
writing OF rather copying those simple and occasion
al dcc'arSt ons pleas &C. which the master Of Office
assigns to the sudent7 Is it not uniformly the c Sc
that all really difficult and responsible business Of this
is done by the master himself without cv er reach
ing the eye OF the siudent-or, VI II does only 10 me-
chanicolly copy it ? Again: Who can distinguish be.
tween real suit IN court and fictitious one IN which /
one student prepares the vrit-another the return
another The declaration some other the u en- &c |
until all the practical proceedings are zone through
And uhat prevents these students making record of
the whole, and then comparing all with c. rfed re-
cord Fl ON court of justice in like action All
this surely may be done a Law Institution-and far
tef-morc quiet, -and with more time tina in bus
offices where many precious hours often los, it,
useless messages-'ong @aks-'Ianscr bling l,tlers-
copying (oo, derising) declarations, pleas, replica
tons, sc. so generally the sole workmanship OF the |
master of the office, and very seldom that of the
student confess hat all this is to my mind extreme
w plain and has long stiod me Of The popular and
serious which has placed young men ia Offices
where little either of theory ofprsclice is learnt This
surely Is not always the case but II is too often such
asnany responding students have found and as others
have been compelled 10 confess, that th.y never |
learned much OF theory or of practice until AFTER they
came 10 the bar but at which tune II found very
up hill aud arduous work, and sometimes not accom-
pished even through whole life of toll Doubtless
there many noble exceptions to The correctness of
these remarks bot still aver IT az a fact that nv
experience has made acquainted with any
,,oi,pg Iacuer who 10 candid conversation was not
willing 20 confess that his legal education had been
very hap-haz,rdsnd that practice, any really val
liable and abiding extent ~ the last thing a student
can ever hope tor m praeiising lawyers Office
After an extensive practice Of and twenty
wears in all OF the courts and devotion to the inie-
rests oflno students during much of that period, may
not be too much to say that practice be lost
irh ofn this institution and that nothing but mectani-
cal nalTo,cness illegal education, unworthy e sn en-
lithtened lawyer could ever faronsc even the int.
nation that such Institution only adopted for
-. a h. 81
profa s.on-an intimation confined, doubtless 10 a
very few hut which, STILL IS one fatal TO the nte-
rests OF law students, and so captivating TO unin.
formed parents and guardians, aud to the arden,