The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-14
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

/ UNI Ell - l. "a 49,.
TN the wear 1921 under the auspices OF the unset-
i siy OF Maryland sisbished ~ the cry oi h.'
timoro Law School, under the DENOMINATION OIL 'h'
Maryland Law Institute. Ihi" es'so'iShion' 0on''
nued 10 successful operation nearly eleven years nav
ing reserved siudenis from sieren of the States, and
from two foreign countries Owing To tue pressure
of an extensive practice, simultaneously WIN 'no uu-
ties which the lnstuon Involved, resolved III 'ne
wear 1886 10 abandon lily the practice oil my ever
and long cherished profession but also the Law ios'
tute and for health and ease, sought the more gen'a
climates of Europe Finding at tins ume, my heath
perfectly restored and with II no abatement Whatever
Of NV zeal and devotion that great science winch
in this country OF all others needs TO be nsihoaieay
and carefully studied-and seeking, moreover, INDUS
trous and continued occupation, 30 essential To hAPp
ness 10 land that knows iar resol' ed TO Ie-es,a
bIish the Law lnstiution-and have selected i>h''a
iohia as he place of It's location Ia so doag have
thought that no city in the Union Affords such various
and 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 from dis
lance on The former OCCASION in regard 10 the pare-
,ais of enterprise Induce me To anticipate similar
| inouiries now-and, Ia meet all such in advance,
now address this Circular, as all that can offer ia
explanation, and, probably, all that may be requ'-
| site,
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, spacious
and beautiful building, n. III South Fifth street,
suitab for the accommodation Of about sixty stu
dents The rooms are all suitably furn she'd supplied
with an extensive law and miscellaneous library
pih preoedents Of practice IN every conceivable and APP
proved form. btudens are admitted at any time
throughout the yeaT-courses OF study and the re-
qusitc books supplied, so as exactly 10 nee, the
wants and views of the student, according as he may
design To practice his profession, cllhe IN the country,
or in of the maritime Cities The laws Of every
State in the Union in some 6tgree dwelt upon
tiy oil fbsy,, INIT ta
deep and radical Of parents, well Of students,
is carefully avoided allude TO the too erroneous
ton that law students TO be made mechanical
artisansmere attorneys learning practice by role and
Jealous of acknowledge being too theoretical -
This mischeyous error must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney was ever good and lasting enc,
who not also deeply veTsed In the reasons and
theory Of the law. therefore cannot acquesce in,
and never will yield to, the vulgar error Of putting
practice before and above theoryit is unnatural
Inversion Of the established oider Of naiurean igno.
rant and slovenly way of urging young men 10 at
tempts far beyond the powers OF the human n ind
for If the g-ounds and of the science be
well known, tie practice cannot be we'll known.
But the error to which | earnestly alludc, is
ou nded upoI another which is equally false and
row, vz.that students learn the practice only in
practising lacye,'s Office On the conr, ry gen
eral rule 1t is The very last place IN which he ever
does can learn the praclice-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take single examp le-and "a uao
disco Onries The theory or a law point says TO the
student, if lends his watch, and sells it,
fuses 10 return it, A may bring wha, is called an ac-
ton Of Trover and Conversion. Now froper means
hnding and conversion means appruPnatlng II 10 his
own use; and here, again, the student learns two
other theoretical law pons-vlz. that the find rg i
a verbal fiction, not at ali materi A. or To be
propsd-and secondly that the conversion by the de-
tendant to his consists in he withhold
ing the properly from the plaintiff although II should
be ever clearly proved that be IN way the
property for himself for any purpose whatever but
TO Withhold II from the plaintiff.
Now all this theory must be learnt aud good
deal more, before the practice comesand that practice
the plaintiff lari con, Of thorough kno ledge
of he forms precedents-and the defendants part
of the like knowledge 10 the JoyrnuG of the pleas
rejoinders &c There are therefore books Of prece-
dents these books unfold every practical proceeding
whatever IN every action known to the iaw-pro
gressvey from the importation of the rrifto the nal
return upon The ereciaion These formula of wrils
returns 10 -bail--impaIances
-contlnuances-lmpannel of juTies -trlal-ox-
ceptions-verdict- udgment-e1eculion-return Of
execution-or on the other hand, new trial-or APP
peal, &c, &c.-are all set forth in the 'pTeeed nts so
that, he who knows most of precedeniS, knows most
of practice but STILL these precedents cannot them
selves be understood, without previous theoretical
know ledge The question: then resolves itself this
Cannot a law student be well grounded in all the
pfecedents, iaio serSu, who never saw practising
| lawyers once ANA why not on the contrary,
cannot he learn far more OF practice by the JUDI
cious and careful study of all the formula (Which he
never docs in practising lawyers ofiice) than by
writing, rather copying, thoo simple and occasion
al dec IONS, pleas &c, which The Of Office
assigns to the sludcntl l. II not uniformly the
thai all really difficult and responsible business OF this
sort is done by the master himself without reach
ing the eye OF the siudent-or If It does, only 10
chancaly cory it Again Who ran distinguish be.
tween a real suit in court and fictitious one in which
| argst h, uni h. tb..r
, another The declaration other the - ga, &c
until all tho practical proceedings gone through
And hat prevents these students making record OF
the whole, and then comparing all with a rtited
cord ON some court of justice in like action All
this surely may be done Law InsiIuton-and far
ter-more quietl ,-and with more time than IN busi.
ness Offices W here many precious hours are often lost in
useless messages-ong walks-uanscr binr letters
copying (not depisng) declarations pleas, replica
tons sc. generally the sole workmanship o. the
mast,r of The Office and very seldom that Of the
student confess that all this is TO my mind extreme
Nv plain and has long is6ed Of The popular and
serious which has placed young IN Offices,
where little either oftheory practice learnt This
surely Is not always the case but il il too often such
aInany despondng students have found and as others
have been compelled TO confess, that they never
learned much Of theory or Of practice until after heu
came 10 the bar but, at which tine il vag found very
no hill and arduous work and sometimes not accom-
, piished even through whole life OF toll Doubtless
there are many noble exceptions to he correctness Of
these remarks but still, aver 1t fact, that my
experience has never made acquainted With any
young la,cyer who in candid conversation, was not
willing 20 confess that his legal education had been
very hap-hazard-snd that practice to any really val
uabe and abiding extent Is the last thing student
can ever hope for IN practising lawyers Office.
After In extensive practice Of seven and twenty
wears in all Of the courts and devotion to the init
rests Of lao dudsni during much Of that period may
not be too much to say that practice be lost
light ofn This Institution and that nothing but mechan
cal narocnes Of legal education, unworthy e an en-
liqhtencd lawyer, could pairooise the init
nation that such Institution only adopted for