The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-05
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

/
Maryland Law institute This establishment conf
nurd la successful operation nearly eleven years hss
Jog received students from esrea Of the States and
from Two foreign countries. Owing 10 the pressure
OF extensive practice simultaneously WIN the du-
lies which the Insltut,on involved resolved, IA the
year 1886 abandon not y the practice oil my ever
and long cherished profession, but also the Law ins-
utc and for health and ease soogh, the more genial
climates vi Europe. Finding al this time, my health
perfectly restored and with II abatement whatever
Of my zeal and devotion TO that great science, which
in this country of all Others needs 10 be msthodealiy
and carefully sludied-aDd seeking, moreover, indus
rious and continued occupation, essential to haPp
In land that knows idrs resol. ed to Ie-esta-
bsh tho Law lnst,ution--and have selected Ihiia-
depha as Tho place of It's location. IN 50 song have
thought that city IN the MON affords such various
and ample inducements for all the purposes OF the
Law Sludeni--and that in none can more worthy
economy be preserved, aud yet with every requisite
comfort
The frequent applications made 10 me from dis
lance the former OCCASION regard TO the partic
tars OF my enterprise, Induce To anticipate similar
inquiries Dow--and, to meet all such in advance
now address this Circular as all that can offer in
explanation and, probably, all that may be requ'
site
The Institution, dedicated alone to law studies,
and their cognaie and auxiliary orcs, - spacious
and beautiful building, NJ. M South Fifth street
suitable for the accommodation of about sixty stu
dents. The rooms oil suitably furn shed supplied
with an extensive law and miscellaneous library
pi precedents Of practice III every conceivable and APP
proved firm. Studens admitted at any time
throughout The year--courses OF study, and the
qusite books supplied, exactly to neet the
wants and views of the student, according he may
design 10 practice bis profession elther in the country,
or in some of the maritime cities The laws of every
State in the Union in some degree dweIt upon--
practice is constantly blended with thecry--but the
deep and radical parents well Of students
is fully avoidedI aiiude the too erroneous
ton thatiaw students to be made mere mechanical
a
jealous of book-knoioledge being too theoretical -
This mlscbevous error must inevitably degrade the
science and profession, and is eross mistake since
no practising attorney was ever good 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 of putting
practice before and above theoryi is an unnatural
inrersion of the established order of naiurean gno
rant and slovenly way of urging young men at
tempis far beyond the powers of the human mind
for, If the grounds and of the science be
well known, the practice cannot be well known
| But the error to which ! earnestly allude is
founded upo.i another which is equally false and
row. vz--that students learn the practice only in
practising iaoyer's office! On The conI. nv, as gen
era rule, II Is The very last place which he ever
does or can learn the prac'ice-apd this be made
extremely manifest W hat is practice disiing nsh-
| ed from theory? Take a single exampIe--and er uno
| disee oD.nes The theory or law point says to the
| student, if A lends b his watch and sells il, or re-
fuses to return it, A may bring what is called an ac-
| ton of Troyer and Conversion, Nov ,roper means
binding, and CONVERSION means appropriang it to his
own use and here, again, the student lcains two
other theoretical law ponis-vz. that the find rg is
now mere e,bal fiction, not all material or TO be
proped-and secondly that the conversion by the de-
i,ndant TO his otcn consists in The ~htold-
ing The properly from the plaintiff although il should
be ever so clearly proved that he in way the
property Tor hnseif or Tor any purpose Whatever but
To Withhold II from the plaintiff.
| Now all this theory must be learnt and GOOD
deal more before the practice that practice
on the plaintiff part con lists Of thorough know ledge
of hc forms prectdenisand, the defendants part
OF the Ike knowledge to the tornuie of the pleas
rrjonders, &c There are, therefore books Of prece
dents these books unfold every practical proceeding
| whatever, IN every action known to the iaw-pro
grcssnoy from The importation of the ,pift the final
| return upon The erecution These Tormul9 of wrls
returns 10 wr's-appearances---hail--im Ilapces
-continuanccs-Impannelli of juries -tral-ex-
ceptions-verdict-j udgment--ex, cution-return of
| execuion-or on the other hand new tria--or APP
peal, nc, &c.-are all set forth in The fpreceds MS so
that, he who knows nosi Of yreeedenis, knows most
| Of practice but STILL these preeedenls cannot them
selves be unde rstood, without previous theoretical
knowledge The question, then resolves Itself ino this
| Cannot law student be well grounded in all the
precedents, Iaio sensu, who saw a pr actising
| lawyers Offices And Why no, On the contrary
cannoi be learn far more OF practice by the JUDI
cious and careful study Of all the Jormuia (Which he
never does in practising lawyers Office than by
writing, OF rather copying, those simple and occasion
al declarations pleas &C. which the master If an office
assigns To the sludentl l. it unfornly the case
that all really difficult and responsible business OF this
is done by the master himself without c,cr reach
ing the eye Of the student-or It does only To- me-
chemically copy i'll Again: Who distinguish be-
tween real sui, in court, and fictitious one which
one student prepares the wnt-another the return
| another he declaration some other the pea, &c
until all the practical proceedings gone thu ough
And hat prevents these students making record Of
the whole, ami then comparing all with rtified
cord r ON court of justice in like action All
this surely may be done IN Law lnsltuton-and far
iicr-more quiet ,snd with more time tina in buzz.
offices, where many precious hours often lost it,
useless mcssages--ong walks, anscr bing letters
copying mot derisng) decsIations, pleas, replica
tons &c. so generally the sole workmanship o the
master of The Office, and very seldom that of the
student confess that all this is to nv mind extreme
| y plain, and has ng isied of h- popular and
serious error which has placed young men IN Offices
where little either Theory or of pcce Is learnt This
surely a. not ALWAYS the caseb but too often such
asnany deonding students have found and as Others
have been compelled TO confess, that thew never
learned much Of theory of practice until qfsr hcy
came 10 ths kG but at which time, IT found very
10. hill and arduous work and sometimes no, accom-
plished ugh whole life of toll Doubtless
there are many noble ptons TO The correctness of
these remarks but still, | aver it Al a fact that nv
experience has never made me acquainted with any
Young larysr, who, in candid conversation, was not
wiling 20 confess that hrs legal education had been
very ha-baxsrdsnd that practice any really val
liable and skiding extent, "a the last thing n student
can ever hope tor IN practising lawyers vifec.
Aher an extensive practice Of and twenty
years IN all If the courts and devotion to the iaie-
rests Of lac students duung much of that period, may
not be much to say that practice be lost
pht ofin this Ins,i,oon and that nothing but rsehani-
cal Of Legal education, unworthy q,
shicnsd lawyer, could ever pauooise the init
nation that such an lnsti uti,n only adopted Cor
the uicaion Of the science and not Of III, art of our
! professional animation confined, d.uhtless to a
very few but Which, s,ili, Is fssl IN. nte-
rests Of law s'ude,.ts, aud 50 captivating TO unin-
formed parents sod guardians, AID even t. the ardent
student, who Is 80 liable To b. too anxious to praoes
b, fore he has subased tn the fc,s Of i,ssaing ho,r
hnis An. ind