The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-29
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES,


TN the year 1924 under the auspices ofthe Uniyer-
/ sity OF Maryland established IN the city of Bal
timofs a Law School, under the denomination OF The
Maryland Law Institute This establishment cont
nued in successful operation nearly eleven years ha'
ing receiv. students from etsesa OF the States, and
from foreign countries. Owing To the pressure
Of an sDsve practice, simultaneously with The du-
lies which the Institution involved irslyed, in the
year 1886 abandon not ly the practice OF my ever
and long cherished profession but also the Law lnsii-
tute and for health and ease sought the more genial
climates of Europe Finding al this time, my health
perfectly stored and with It abatement whatever
of my zeal and devotion that great science, which,
in this country OF all others needle 10 be aehodieaHy
and carefully studied--and seeking moreover, indus
t'ious and continued occupation essential To hnpp-
ness in land that knows idss esol' ed To re-es,a-
bish the Law lnsttuiion-and have selected Fha'
depha as he place OF It's location In so dong have
thought that city n The MON affords such various
and ample Inducements for all the PURPOSES OF the
Law Sutherland that in a more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app caions made 10 me from dis
lance the former occasion, in regard to the payic
uars of my enterprise, Induce TO anticipate similar
inq uires now-and to meet all such in advance,
now address this Circular, as all that can offer in
explanallon and, probably, all that may be requl-
site
The Institution, dedicated alone to law studies,
and their cognate and auxiliary topics, rs a spacious
and beautiful bu lding, N III South Fifth street,
suit,be for the accommodation of about sixty stu
dents. The all suitably furnished supplied
with an extensive law and miscellaneous library
Nth precedens Of practice in every conceivable and APP
proved firm. ouden are admitted at any time
throughout the year-courses Of study, and the re-
quse books are supplied, exactly to neet the
wants and views OF the student according he may
design 10 practice his profession either in the country
or IN some OF the maritime cities The laws Of every
State IN the Union in some degree dwet upon
practice Is constantly blended with Meory--but the
deep and radical error OF parenS well of students
Is carefully AVOIDED aude the too erroneous no
ton that law students be made mere mechanical
artisans-nere attorneys leaning practice by rote and
jealous OF book Acknowledge, as being too ueorei
| This mschievous error must inevitably degrade the
science and profession and is gross mistake since
no practising attorney was ever good and lasting me-
who was not also deeply versed in the reasons and
theory of the law. therefore cannot acquesce in,
and never will yield TO, the vulgar Of putting
practice before and above heory--it is an unnatural
Inversion Of the established der of naure--an gno.
rant and sovenly way of urging young men on to at
tempts far beyond the powers of the human mind
for, If The grounds and of the science be not
| well known, the practice ipa0t be well known.
But The error, To which l earnestly alude is
lou ded upoh another, which is equally false and
row, What students learn the practice only in
practising idryers office! On The conin ry gen
eral rule, 1t Is The last place in who he ever
does, can learn the pracce-ana This can he mad.
extremely manifest. W hat practice disting nsh-
ed from theory? Take single exampie-and ca uao
disco onnss. The theory, or law int says 10 The
student if lends b his watch and b sells it, or re-
fuses TO return 1T, may bring what is called al ac
| ton of Irover and Conversion. Now irorer means
bnding, ana CONVERSION means apprnpratiug II To his
own ussi and here, again, the student learns two
other hsoretieai law poIns-viz. that the find ng is
now mere verbal fiction, not at all material or To be
popsd-and secondly, that the conversion by the de-
trndan to his oicn use consists ia The WITHHOLD
ing the properly from the plaintiff although it should
be ever so clearly proved that be in no way uscd the
property for himself, for any purpose whatever but
to withhold II from the laintiiT.
Now all this theory must be learnt and a good
deal more before the practice comes-anl that rac
on the plaintiff lar con lists of thorough know ledge
Of he FERNS prectdents-and the defeDda MT part
oflhe like knowledge as to the formula Of the pleas
reoinders &c. There are, therefore books of preee
denis these books unfold every practical proceeding
whatever in every action known to the law-pro
gresslvely from The importation of the iort TO the final
| return upon The ereclaion These formula of writs
returns 10 ces-bai!-inpaI lances
ntlnuances-impdnneIling of aries i ral-,x-
ceptions-veIdct-j udgment-ext cu,ionLr of
cxecution-or, The other hand new riAl-or nm
peal &c &c.-are all set forth in the fpreced nts so
that he who knows most of preetdeats knows most
of practice but STILL these vrecedenis cannot them
selves be unde rsoOd, without previous theoretical
know ledge. The question: then itsef into this
Cannot a law student be well grounded in all the
precedens, laio SenSu, who never saw a pr ac sing
lawyers office AID Why not : On the contrary
cannot he learn far more OF practice by the iud
eous and careful study Of all the tormuia which he
never docs in practising lawyers Officer than by
writing, OF rather copying, tho simple and asion
al dec arHt ons pleas &c, which the master Of ofc,
assigns 10 the STUDENT Is it not uniformly the So
that all really difficult and responsible business Of this
SORT is done by the master himself without reach
ing The eye of the siudent-or Il il does only 10 me-
cbanicaliy copy A gain Who can diet nguish be
tween real suit in court and fictitious one In VIII cb
one student prepares the wnt-anUther the return
another The declarati1n- some other tie ca, &c
until all the practical proceedings gone through
And hat prevents these students making record OF
the whole, and then comparing all with a c, flied re-
cord fIom sone court Of justice in like action All
this surely may be done Law InsiItution-and far
uer-more quetli land with more time than in bust.
mes Offices here many precious hours are often los, in
useless messages-long walks-;ianscr bnr letters
coping (no derising) declarations pleas replica
tons &c. so generally the sole workm, nshp o, the
master of the office and so very seldom that of the
student confess hat all this is to my mind extreme
" plain and has long isfcd me of the popular and
serious error which has placed young men IN Offices
whore little either theory orcf prs ccc is learnt This
surely y not always the case but II is too often such
asmany despondng students have found and as ohers
have been compelled 10 confess, that they never
learned much oftheory OF Of practice until aner heu
came 10 the bar but which time it vas found very
IN. hill and atduous work. and sometimes not accom-
pishcd even Though whole life Of toll Doubtless
there many noble exceptions TO he correctness Of
these remarks but still, aver il a fact that nv
experience has never made acquainted with any
| young inoyer, who, in candid Conversation, was not
willing 20 confess that his legal education had been
very hap.hazirdand that practice any really val
liable and abiding extent the last thing student
can ever hope Tor n practising lawyers ,fTice
After an extensive practice of seven and twenty
wears IN all Of the courts, and devotion to the inie-
resi- ofnc students, dunng much oftha period il may
not be too much say that practice never be lost
irh ofn this Institute nd that nothing but ueoLani-
cal narrotrncss Of legal education unworthy e an en-
lthtcncd lawyer could ever patronise even the init
nation that such Inst uton only adopted for |
the incubation othe ciene and not Of the ai of our