The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-23
| CIRCULAR TO STUDENTS OF LAW
IN-THE UNITED STATES.


Maryland Law Institute This establishment CONT
nued In successful operation nearly eleven years nav
ing received students from elevsn OF The otates a"'
from Two foreign countries. Owing TO The pressure
OF an extensive practice, simultaneously WIN inc uu
ties which the Institution involved Resolved IN Tue
year 1886 TO abandon ly the practice OF my ever
and long cherished profession, but also the Law in.'
tutei and for health and ease, soogh' shs nois
climates Of Europe. Finding At this time, my health
perfectly restored and with u no abatement ~hsicssr
Of my real and devotion that great science which
in this country OF all others, needs to he n<shsdcssy
and carefully studiedand seeking, inorco, or, ,nous
vious and continued occupaicn, so essential 10 haPp
in land that knows idsrs rcso ed 10 Ie-s.ta-
bsh the Law instiu,ion-snd have selected I'hsIs-
dspha he place of lis location. IN 80 doiag hsse
thought that city in the Union affords such various
and ample Inducements for all the purpos,s OF the
Law Student and that in none can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made to me from dis
Vance, the former OCCASION In regard 70 the parc-
uiars Of my enterprise induce to anticipate similar
injuries now--apd, To meet all such in advance,
now address this Circular, all that ! can offer 10
pianation and, probably all that may be requi-
site.
The Institution dedicated alone to law studies,
and their cognate and auxiliary topics Is spacious
and beautiful building, N. III South Fifth street,
| suitable for the accommodation of about sixty stu.
dents The rooms are all suitably furn shed, supplied
with an extensive law and miscellaneous Library
,c precsdents Of practice in every conceivable and APP
| proved form. Stud,ns admitted at any time
throughout the year-courses Of study, and the Ie-
quisiie books supplied, exactly TO rect the
wants and Of the student, according he may
design to practice his profession either in the country,
or in some of the maritime cities. The laws Of every
State in the Union are in some degree dwet upon
practice is Constantly beaded with thec,y-bnt the
deep and radical of parents well Of Students
carefully avoided ailude TO the too erroneous
ton that law students to be made mechanical
G,tisans-mere attorneys, learning practice by rote and
jealous of book knowledge being too tteoreiical-
This mischevous error must inevitably degrade the
science and profession, and Is gross mistake, since
no practising attorney was good and Iasting one,
who was not also deeply veIsed in the reasons and
theory of the law. | therefore cannot acqnesce in,
and never will yield TO, the vulgar error Of putting
practice before and above theoTy-it is unnatural
inrerS0n Of the established order Of naure-an igno-
ran, and slovenly way of urging young men on 10 at
tempts mr beyond the powers of the human mind
for if The grounds and reasons of the science be not
| well known, the practice cannot be well known.
| But the error to which | SO earneslly alude, is
founded upoh another, which is equally false and
row, vzthat students learn the practice only in
practising laoyer's office On The cJnr. ry as gen
eral rule, 1t is The very last place in which he ever
does or can learn the pracliceand this be made
extremely manifest. What is practice disting uish-
ed from theory? Take single example--and tr u,,o
disco omnes The theory or law point says to the
student, if lends his watch and sells it, or re-
fuses 10 return it, A may bring what is called an ac-
| ton of Irover and Conversion. Now fr0per
hndiDg and conversion means appropriating il to his
| own use and here, again, the student learns two
other theoretical law pons-viz. that the find ng is
now mere verbal fiction, not all material or to be
prorsd-and secondly that the conversion by the de-
fendant to his consists in the mere WITHHOLD
ing the properly from the plaintiff although should
be ever so clearly proved that he IN way the
property for himself OF for any purpose whatever but
| to Withhold II from the plaintiff.
| Now all this theory must be learn, aud good
deal more, before the practice comesand that practice
the plaintiffs part con, lists Of thorough know ledge
of The forms or precedens-and the defendants part
ofthe like knowledge to the formula of the pleas
rejonders, &c. There are, therefore books Of prece-
de,lis these books unfold every practical proceeding
whatever, in every action known to the law-pro
gressvey from the importation of the rit to the final
| return upon The erecution These JornliG of wrs
returns 10 balm pa lances
Acknowledgment of jnries -Irial-ex-
cep,ions-verdict- judgment-e1' cu,ion-return of
execution-or, on the other hand, trial--or APP
peal, sc &c.-are all set forth in the fpreced nis SO
that, he who knows most of precedeats, knows most
of practice but st these precedenis cannot them
selves be understood, without previous theoretical
ledge The question, then, itself into this
Cannot law student be well grounded in all the
precedents iaio sensu, who never saw pr actisinp
| lawyers Object And why not On the contrary
cannot be learn far more OF practice 10y the jud,-
cious and careful study of all the formula which he
never does in practising LAWYERS oflice) than by
writing, rather copying, thoc simple and occasion.
al decaratons pleas &c, which The master an office
assigns To the STUDENT Is 1t uniformly the case
tina, all really difficult and responsible business Of this
sort done by the himself without er reach
ing the eye Of the siudent-or # does only to me-
| chancay copy IL Again; Who can distinguish be-
tween real sui, in court and fictitious one in which
| one student prepares the ~nt-another the return
another The declaraiion- some other the pea &c
until all the practical proceedings are gone TIN ough
And ha, prevents these students making record of
the whole and then comparing all with c, riiiied re-
cord ION some court of justice in a like action An
this surely may be done m Law Insruton--and far
b tief-more quiet, and with more time tina n in busi.
ness Offices here many precious hours often lost il.
useless messages-ong walks-lianscr bing letters
copying (no, derisng) 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 tins Is my mind extreme
| ly plain and has luDg Is6ed of he popular and
serious error which has placed young Offices,
where little either Of theory practice learnt, This
surely not always the case-but II is too often such
asnapy depending students have found and others
have been compelled to confsss, that they never
learned much Of theory of practice until after hey
came 10 the bar but which time IL sas found very
up hill and arduous work. and sometimes accom-
piIshed even hIough whole life of toll Doubtless
there are many noble exceptions To The Correctness of
these remarks but still, aver il fact that nv
Ell perience has never made me acquainted With any
Young La,cyer, who IN candid Conversation was not
Wiling confess that his legal education had been
very hap-bezhu-aho iha, PaNheti 70 any really val
BILE and abiding extent Is the last thing student
can ever hope Tor IN practising lawyers office.
After an extensive practice of seven and twenty
wears all of the courts, and devotion TO the inf,
rests Of io students, during much Of that period It NAV
be too much to say that practice be lost
light ofn this Insu and that hing but pec,ani
cal Of legal education, unworthy # an en-
ghcned lawyer, could ever patronise the init
nation that such Inst, ulinn only adopted for
the Of the science and not Of the art of our
pfofc.son-an intmeton confined doubtless, to a |
very few bu, which, still, is fatal TO the ne-
rests of law students and captivating TO unin. |
formed parents and guardians ADD 10 the ARDEN
student who is sble to be too anxious to practice