The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-27
, CIRCULAR TO STUDENTS OF LAW
In THE UNITED STATES.

| ll..l
| MARYLAND Law lnstitule This establishment CONT
nued in successful operation nearly eleven years,
Jog received students from siepea Of the States aio
from Two foreign countries. OWING To 'nv pressure
of an extensive practice, simultaneously WIN 'ne uu
ties which the nstitution Involved, iesoi'eo ia 'no
year 1886 10 abandon not ally the pfacuee o' my ever
and long cherished profession, but also the La" lns'
tute and Tor health and ease, sought tue moro g'"is
climates of Europe. Finding at this time, my health
perfectly restored aud with II no abatement Whatever
of my zeal and devotion that great science when
ia this county, of all others, needs To Dc nuModiea"y
and carefully studied-and seeking, moreover n1us-
uous and continued occupation, essential 10 haPp-
nes. in land that knows idrs reeol ed 10 Iee,a-
blish the La lnstiution-and have selected i,haa
deiphia he place OF In location In SO dong nave
thought that city 10 the Union affords such various
| and anple Inducements for all the purposes oil tue
| Law Sutherland that IN none can more worthy
economy be preserved, and yet with every requisite
| comfort.
| The frequent app icalioos made to from dis
lance, the former occasion, IN regard to the pnitc
Lns of my enterprise, Induce to anticipate similar
inQu now-and, To meet all such in advance,
now address this Circular, all that can offer IN
Ell Ilanaton, and, probably, as all that may be requ
| site.
| The Inslitotion dedicated alone 10 law studies,
and their cognae and auxiliary topics, spacious
and beautiful building, ~. ~ South Fifth street
suitable for the accommodation OF about sixty stu
| depts. The rooms all suitably fuIn shed supplied
with an extensive law and miscellaneous library
iD preoedents Of practice in every conceivable and APP
proved form. Siud.ns are admitted at any time
throughout The yeaI-courses OF study, and the re-
quisllc books supplied, exactly to meet the
wants and views of the student, according he may
design To practice his profession, either IN the country
in some of the maritime cities. The laws of every
State in che Union in scDe degree dwe!t upon
practice Is constantly blended with theory-but the
deep and radical OF parents, well Of students
Is carefully AVOIDED allude the tno erroneous o.
ton that law students to be made mechanical
s'tisansmere Attorneys learning practice by ro,e and
jealous Of book k.opiedge being too theoretical -
This nischievous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was ever good and lasting one
who was not also deeply verscd ia the reasons and
theory OF the law. therefore cannot acquiescc in
and never will yield TO, the vulgar Of putting
practice before and above theory-i is an unnatural
inrersoa Of the established order of nature-sn .gno
rant and sioven'y way of urging young 10 at
tempts far beyond the powers of the human mind
for If ,he grounds and of the science be not
well known, the practice cannot be we'll known.
| But the error to which | earnestly alludc, is
fou 'ded upod another which is equally false and mar
row, vz--hat students can learn the practice only in
practising lawyers office! On The contrary, gen
eral rule, iii he very last place in which he ever
does, can learn the praclice-and this can be made
extremely manifest W hat practice distinguish
ed from theory? Take a single exsmpe-and tT inio
disco omnes The theory a law point says to the
student, if lends u his watch, and sells it, re-
fuses to return it, A may bring what is called an ac
ton of Iroyer and Conversion. Now froper means
finding, and conversion appropIialng II to his
own use; and here, again, the student learns two
other theoretical law ponis-vz. that the find ng Is
verbal fiction, not al all material, to BE-
proued-and secondly that the conversion by the de-
iendant TO his consists in The WITHHOLD
ing the property from the plaintiff although Ii should
be clearly proved that he in way the
property for himself for any purpose whatever, but
To withhold Il from the plaintiff.
| Now all this theory must be learnt and good
deal more, before the practice comes-and that practice
the plaintiffs par, con, lists OF thorough knowledge
of he forms precedentsand. the defendant part
ofthe like knowledge TO the formula of the pleas,
reoinders &c There are, therefore books Of prece-
dents these books unfold every practical proceeding
whatever in every action known To the law--pro
gressivey from the importation Of the pr to the final
return upon the execution. These formula of wrIls
| returns 10 wrs-appearaL ccs-bai-IupaI lances
| Acknowledgment of juries-lrlal-eI-
| ceptions-yerdict- Observation-Disclosures of
| execution--or on the other hand tral--or APP
peal &c 6c.-are all set forth in The lrecsd MS so
| that he who knows most of preoedentS knows most
of practice but STILL these presidents cannot them
selves be understood, without previous Theoretical
know ledge. The question, then resolves Itsc into this
Canno, a law studeot be well grounded in all the
pccedens, Lato sensu, who never saw a pr actsinC
! lawyers office AID why not Ga the contrary
cannot be learn far more OF practice by the JUDI
cious and careful study of all the formula hch he
never does ia practising lawyers office than by
witing, rather copying those SIMPLE occasion
al dec sratons, pleas, &c, " hch The of Office
assigns 10 the STUDENT L. 1t uniformly the case
that all really difficult and responsible business Of h,s
is done by the master hoself without reach
ing The eye Of the sludent-or, If 1t does only to me
chanically copy ~ Again: Who can dist luish he
tween real sult in court and fictitious one IN which
one student prepares The wr't-another the return
another The declaration some other the D ca, &c
until all the prooiieai proceedings are gone through
And hat prevents these students making record Of
The whole, and then comparing all with a rtifrd re-
cord flom court OF Justce In like action All
this surely may be done Law lns'uution--and far
uer-more quiet, land with NOR. time than ia bus
offices where many precious hours otsn ost ia
useless messages-long ealks-ti anscr.bng kuers-
copying (nct dsrising) declarations pleas frylca-
tons sc. so generally the sole workmanship o. the
mast,r Of the Office and very seldom that Of the
student confess hat all this to my mind extreme
" plain and has long isied Of lhe popular and
serious error which has placed young IN Offices
where little either oftheuTy or OF practice is learnt Tins
surely i not always the case but Il Is too often such
asimany depending students have found and uhers
have been compelled 10 confess, that they never
learned much Ofthe0ry Of Practice until after hSy
came 10 ia bar but, at which time, It found very
up.bil and arduous work and sometimes not accom-
pi,shcd even thf, ugh whole lite of toll Doubtless
there ave many noble exceptions to The correctness Of
these remarks bot still, aver 1t a fact that nv
experience has never made acquainted with any
votpg laiover, who, IN candid conversation, was not
wiling 20 confess that his legsi education had been
very hap-bazard-snd that prnof,es 10 any really val
uable and abiding extent, the last thing q udrn
can hope tor IN practising lawyers oilce.
After an extensive practice Of seven and twenty
wears m all of the courts, and devotion the init
rest Of lalc students durng much Of that period may
not be too much to soy that practice be osl
ighi ofn this Institute and that nothing out meciani
cal naro,eness Of iegd education unworthy e m en-
hthtcned lawyer could ever patronisc the int
nation that such az Instr utiun only adopted of
the incubation Of The sc'ene and net Of the ari Of
profe,son--sn iLttnatlon confined, doubtless to
very few hut Which, srl, Is obs fatal 10 the nte-
rests ~ law studelts, aud Captivating unin-
formt patents and guardians AID even 20 the ardent