The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-04-27
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

II
i sry OF MARYLAND established IN the city OF Bal
timore Law School, under the Demonstration OF me
Maryland Law institute. This establishment com"
nued successful operation nearly eleven yeafs nav
ing receive iudeDts from eleven OF the States, ana
from Two foreign countries Owing to the pressure
OF an ensive practice simultaneously WIN me oo-
ties which the Institution involved, resolved Ia the
year 1886 To abandon not ly the prsece OF my ever
and long cherished profession but also the Law ior'
tule and for health and ease sought the more genial
climates of Europe. Finding, al this tme, my hta'h
perfectly restored, and with Il abatement whatever
Of my zeal and devotion TO that great science, which
In this county of all others, needs TO be mehodteaiy
and carefully studed-and seeking, moreover indus
rious and continued occupation essential To haPp-
in land that knows dlsrs rcsol, cd 10 iee.a-
blish tho Law lnstiu,ion--and have selected ran"
dsipAia The place of It's location. In soing have
thought that city 10 the Union affords such various
md ample Inducements for all the purposes OF the
Law Sutherland that In none can 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 partse
uars Of my enterprise induce me to anticipate similar
ma ulries now--aDd, To meet all such IN advance,
now address this Circular, as all that can offer IN
OK pianaion, and, probably, as all tina, may be requ-
site.
The Institution, dedicated alone TO law studies
and their cognato and auxiliary topics, spacious
and beautiful building, N III South Fihh street
suitable for the accommodation OF about sixty stu
dents. The ali suitably fun she'd supplied
with extensive law and miscellaneous library
h pveesdents Of practice in every conceivable and a
proved fran. Studen arc admitted at any time
throughou the year-courses OF study, and the re-
quiste books are supplied, so as exactly to @eet the
wants and views Of the student, according he may
design TO practice his profession ehef IN the country
or in come OF the maritime cities The laws OF every
State in the Union are in some degree dwelt upun-
practice is constantly b.onded with helry--but the
deep and radical of parents well as of students
is carefully AVOIDED audc TO the ITO erroneous
ton that law students be made mere mechanical
arsans-mere attorneys learning practice by roe, and
jealous OF book knowledge, being too theoretical -
This mschievous error must inevitably degrade the
science and profession and is gross mistake, since
practising attorney z, Cd and lasting ne
who was not also deeply versed 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 heory-it is an unnatural
inresion Of the established der of na'ure-an igno
rant and sIovenly way of urging young men on
temps far beyond the powers Of the human n ind
for # he grounds and reasons of The science be not
well known the practice cInnot be well known.
But The error, To which | 80 earnestly aliude, is
fou ded upoh another, which is equally false and
| row, vz.-that students learn the practice only in
practising a,cyers office! On he chnirar w. gen
erai rule, II Is he very last place IN which he ever
does, or can learn the pracce-and his can be mad
extremely manifest. hat practice distinguish
ed from theory? Take single exampe-and tr t,no
disco omnes. The theory a law point says Ia the
siuueDl, III tends ID bI5 watch anu Is sells H. OF re-
fuses TO return IT, may bring hat is called
ton Of Trover and Conversion. Nov frorer means
binding, and conversion means Apr npraliug 10 his
own use and here, again, the student learns two
other theoretical law poins-viz that he find rg j.
now nefe ve5bal fiction, not all material 10 be-
prorsd-and secondly, that the conversion BY the de-
trndant 10 bis otcn consists Ia the WITHHOLD
ing the properly from the plaintiff, although should
be ever so clearly proved that be in way The
property for himsel OF Tor any purpose whatever, bul
10 withhold II from the ilainth.
Now all this theory must be learn, and good
deal more before the practice comes-and that ytscuro
the plaintiffs part con s,s OF thorough knowledge
Of he forms preetdeMs-and the defendant part
of the like knowledge TO the Jorm,Ia of The pleas,
reoinders &C. There are, therefore books II yrses-
dents these books unfold every practical proceeding
whatever in every action known In the isW-pro
gressveiy from the importation of the wri 10 The final
return upon the execution These tormuia of wrrts
returns TO -bail-in paIlances
-continusnces-impannell of juIies -jrial-eI-
ceptions-yerdict- judi nent-e nscutIOn-return Of
ex,cuiion-or on The other hand, new trIs-or APP |
peal, &c &c.-are all set forth in he fpreced nts SO
that, he who knows mo,i OF precedeats, knows mOsl
of practice bu, subj these precedenis cannot them
selves be unde rstood, without previous theoretical
know ledge. The question: then resolves tsef into this
Cannot a law student be well GROUNDED in all the |
pecedents, iaio se,sn, who never pr sctising
lawyers office And why moi On the contrary, /
cannot he learn far OF practice by the iud- |
cious and careful study Of all the formula (Which be
never does 10 practising lawyers oiice) Than by |
writing, OF rather copying, iho,e simpk and OCCASION
al dec srstoDs pleas &C. which tbe master If office
assigns To the siuden,l Il II uniformly the case
that all really difficult and responsible business Of this
.ort done by the master himself without reach
ing the eye of the student-or, II does only To
chanicaly copy III Again: Who distinguish be
tween real suit in court and fictitious IN which
one student prepares the NTIt-an1her the return
another he declaraiiDn- some other the ca, &c |
until all the practical proceedings are gooe through
And he, prevents these students making record Of
the whole and then comparing all with a n rti6ed re-
cord ON court OF justice IN like action An
this surely mary be done Law lnslnuton-and far
b tte-more quiet and with more time than in busi-
ness offices " here many precious hours often ost IL
useless message,-oag salks-iianscr bing l,tter.-
COPYING mot dertsi,s) declarations pleas, replica
tons sc. generally the sole w0rknsnshIp the
master Of The office and very seldom that Of the
student confess hat all this Is 10 my mind extreme
" plain and has long is6ed OF h. popular and
serious error which has placed young IN Offices
where little either Of theory Of practice IL learnt This
surely - not always the case-bui II too often such
asma ny dyonding students have found and Others
have been oomPrled TO confcss, that they never
learned much Of theory Of practice until a1er eu
onu, 10 ks ksr but which tune It found very
no hill and arduous work and somstmrs accom-
pushed even thu ugh whole life OF toll Doubtless
there IRE macy noble puons TO he correctness of
,b.se remarks bot s,Jll aver 1t fact, that NV
experience has never made me acquainted With any |
vo,,g Laiover who "a candid conversaiion, was not
w,lhnr 20 confess thai his legal education had been
very hap-hozsrd-and that practice any really val
usble and abiding extent . the last thing student
can ever hope tor practising lawyers pflice.
After a extensive practice Of seven and twenty |
wears m all Of the courts, and dc, oon To the int
ye,is Of lar ,d,ni during much Of that period NAV
not he too much tn say that practice be s
iqht ofin this nstituion and that nothing but ntohan
col narrocnes Of legal education, unworthy f an en-
Il ,btcned lawyer, could ever pslrouise even the int
nation, that such a. Inst ut"n only adopted Tor
the iocuoaon Of the science and not Of the our