The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-10
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

uulofG Law ochooi, under TAG oo"on'n W
Maryland Law iD.,isuis. This establishment CONT
nucd ia successful operation nearly eleven years hss
ing received students from sisrea VI the Ss'es, ana
from Two forciga countries. Owing " 'n1 pressure
Of an extensive practice, simultaneously wan 'ne ao
lies which the Institution Involved, isso'soa IN 'o
year 1885, TO abandon not ally the practice Of my ever
aud long cherished profession but also Tue La" ins'
utc and fur health and ease, sought inc more gsnas
climates of Europe. Finding, al this timc my health
perfectly restored and with Il no abatement whatever
of nv zeal and devotion TO that great science. which
in this county of all others, needs to be sss0d'caty
add carefully studed-and seeking, moreover INDUS
t,ious and continued occupation essential to hsPp'
ness ia land that knows no de resol 10 ree.a-
blish the Law Instltution-snd have selected fhs1a
depAia a. The place of its location In SO doing have
thought that city 10 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 me from DIS
lance the former OCCASION in regard to the porfse-
la,s Of my enterprise, induce to anticipate similar
inquiries now--and, to meet all such IN advance,
now address this Circular. all that can offer IN
explanation, and, probably, as all that may be requ'-
The Institution, dedicated alone to law studies,
and their cognaic and auxiliary topics, Is spacious
and beautiful building, N III South Fifth street,
suitable for the accommodation Of about sixty stu
dents The all suitably furnished, supplied
with an extensive law and miscellaneous Library
,eh preeedents Of practice in every conceivable and APP
proved form. Students are admitted at any time
throughout the year-courses Of study, and the re-
q,isilc books are supplied, exactly to aeet The
wants and views of the student, according he may
design practice his profession either in the country
or in come Of the maritime cities. The laws Of every
State in the Union in some degree dwet upon
practice is constantly blended with Meo,y--but the
deep and radical Of parents well OF students
is carefully avoidedl aiude to the too erroneous no
ton that law students be made mere mechanical
a,isans-mere attorneys, Learning practice by roe, and
Jealous of acknowledge, as being too theoretical
This mischievous error must inevitably degrade the
science and profession aud is gross mistake since
practising attorney was good and lasting one
who was not also deeply versed in the reasons and
theory Of the law. ! therefore cannot acqpiesce in
and never will yield to, the vulgar error Of putting
practice before and above heoryit is an unnatural
nrersioa Of the established order of naure-an igno-
rant and slovenly way Of urging young 10 at
Temps far beyond the powers of the human mind
for if he grounds and of the science be not
well known, the practice Canned be well known.
But the error, to which | earnestly alIude, is
founded upoh another, which is equally false and
row, vz.hat students learn the practice only in
practising lawyers office On he c,nlrlrv gen
erai rul' 1t is The very last place in which he ever
does, or can learn the practce-and this be made
extremely manifest. What is practice distinguish
cd from theory? Take single example and az ,no
disco omnes The theory, a law point says To the
student, if lends has watch and sells it, or re-
fuses 10 IctuIn n may Drlng what called
ton Of Trover and Conversion. Now f,orer means
finding, and eosrersioa appropraiing il to his
own use; and here, again, the student learns two
other theoretical law pons--viz that the finding is
now mere verbal fiction, not at all material or TO be
prorsd-and secondly that the conversion by the de-
PENDANT to his consists ia the mere WITHHOLD
ing the property from the plaintiff although it should
be clearly proved that he no way used the
property for HIMSELF for any purpose whatever but
to withhold from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice that practice
on the plaintiffs part ,conssts Of thorough know ledge
of'he forms rprectdens-and the defendants part
ofthe like knowledge TO the Jormuie of the pleas
ejonders, &c. There are, therefore books of preee-
denis these books unfold every practical proceeding
whatever, in every action known to the aw-pro.
excessively from The importation Of the rrit the nal
return upon the erectaion These torn,uir of wrs
returns TO wris-appearar -bail-im pa, lances
continuance of juries -,rial-eI-
ceptions-verdict- Observation-Disclosures of
execu'ion-or, on the other hand, triaI-or ap-
peal, &C. &c.-are all set forth in the fpreced MS so
that, he who knows most Of prteedeafs, knows most
Of practice but s these precedenls cannot them
selves be understood, without previous theoretical
knowledge The question, then resolves itself into thus
Cannot law student be well grounded in all the |
presidents, iato Snsu, who a pr actisinp
lawyers object And why not On the contrary, /
cannot be learn far more of practice by the JUDI
cious and careful study of all the formula "a bjcb he
writing, OF rather copying those rnips and OCCASION
al declarations, pleas &c, which The master Office
assigns to the STUDENT IL il not uniformly the sc
that all really difficult and responsible business of tins
Is done by the master himself without ever reach
ing The eye OF the student-or If II does only 10 me
chancay copy II 2 Again Who dist ngush be-
tween real suit in court and fictitious one la which
student prepares the wrIt-snother the return
another he declaraiion- some other the pea &c
until all the practical proceedings are gone though
And hat prevents these students king a record of
the whole and then comparing all with a c, rified re-
cord fom some court OF justice in like action All
this surely may be done in Law InsIuton-and la
ttef-more quiet and with more time than in busi-
ncss Offices where many precious hours are often lost ia
useless messages-long @alks-;ianscr bing letters
copying (oo, d>rising) declarations pleas, replica
tons sc so generally the sole workmanship OF the
master Of the office and very seldom that Of the
student confess that all this is my mind extreme
ly plain and has long sa is6ed of the popular and
serious error which has placed young IA Offices |
where little either Of theory Of practice learnt This
surely - not always the casebu It is too often such
smsny d,ponding students have found and as others
have been compelled 10 confess, that they never |
learned much ofiheoy Of practice until atltr heu
came 10 The bar hot, at which time, found very
up hill and atduous work and sometimes not accom-
pi,shed even the ugh whole life of toll Doubtless
there are many noble exceptions TO the correctness OF
these remarks but still, aver il as fact that NV
experience has never made me acquainted With any |
young incyr, who, in candid conversation was not |
wiling to confess that his legal education had been
very hap-bszarl-and that practice any really val
liable and abiding extent Is the last thing student
can ever hope or practising lawyer office.
After AZ extensive practice OF seven and twenty
wears in all " the courts, and devotion to the nfe-
rests Of iar students, during much Of that period may
not be much 10 say that practice be lost
light on this Institution and that nothing hut pechani
col nnro,rnes Of legal education unworthy e an en-
hgh,ened lawyer, could paironise even the init
nation that such al Institutes was only adopted for
the incubation ofthe science and Of the arf Of our
profession--an intnation confined, doubtless to
very few, but which, still is one fatal TO the ine-
rests Of law students, and captivating TO unin.
formed parents and guardians anJ 10 the ardent
student who is 80 liable To be snrious To praeiies