The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-08
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

i city OF Maryland, established w Tue cry Oh na'
timors Law School under the denomination oil TIC
Mn,yIand Law insiiiuto This establishment CONT
nued in successful operation nearly eleven Seafr nav
ms received students from eisoea OF the States, and
from two foreign countries. Owing TO the pressure
of an extensive practice, simultaneously wdh the du-
ties which The Insulation Involved, resolved, IA Tue
wear 1886 abandon lily the practice OF nay ever
and long cherished profession, but also the Law i"s
tue and for health and ease, sought the more genia
climates OF Europe Fnding al this lime, my heal'i
perfectly restored and with II abatement whatever
of my zeal and devotion that great science which,
In this county of all others, needs TO be meihodeaHy
and carefully studied--and seeking, moreover, indus-
trious and continued occupation, essential to happ-
IN land that knows no oilers Teso ed TO fe-esta-
bl,sh the Law lostluiion-and have selected Ihita'
depha as the place of lis location. In 30 eoag have
thought that city in the Union affords such various
and ample Inducements for all the PURPOSES OF The
Law Sutherland that in can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app icslioDs made TO me from dis
lance the former occasion, in regard TO the pare-
iiars of my enterprise induce me TO anticipate similar
inquiries now---and, to meet all such in advance,
now address this Circular, all that | can offer in
explanation and, probably all that may be requi-
site
The institution dedicated alone to law studies,
and their cogDate and auxiliary topics spacious
and beautiful building, N. III South Fifth street,
suitable for the accommodation OF about sixty stu.
dents The rooms all suitably fum shed, supplied
with an extensive law and miscellaneous Library
Nth precedenis Of practice IN every conceivable and APP
| proved firm. Studens are admitted at any time
throug hout the yeor-courses OF study, and the
qusite books are supplied, exactly TO rect the
wants and views OF the student, according he may
design To practice his profession ethei 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 Hscry--but the
deep and radical of parens well Of students
is carefully avoided aliudc TO the too
ton that law students to be made mechanical
a,tisansmere attorneys learning practice by rote, and
jealous of book knowledge being too theoretical -
This mlschevous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney was ever good and lasting che,
who was not also derby versed in the and
theory Of the law. | therefore cannot acquesce in,
and never will yield 10, the vulgar error of putting
practice before and above theoryit is unnatural
Inversion Of the established order of naure-an igno.
rant and slovenly way of urging young 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 well known.
| But the error, to which | earnestly allude is
ou 'ded upo, another, which is equally false and
row, vz.tbat students learn the practice only in
practising lasoyer'S office On The c5nr,Iv a gen
| eral rule, II is The very last place In WhHh he
does or can learn tie praclice-and this be mad
extremely manifest hat is practice distinguish
ed from theory? Take single example-and tr uno
| disco onnes fhe theory or law point says TO the
student, III n lends Is us WntCh, a1u Is sells II,
fuses to return it, A may bring what is called
! ton of Trover and Conversion. Now frorsr means
finding, and conversion means prprlang II to his
own use and here, again, the student leans two
other theoretical law poinls-,z. that the find ng is
now verbal fiction, not at ali material TO be
propsd-and secondly, that the conversion by the de-
irndant 10 his consists Ia the mere WITHHOLD
ing the property from the plaintiff, although II should
be ever clearly proved that be in way the
property for himself, for any purpose whatever, bot
L ~. nh h.l.l II tl,,, Lin,
! Now all this theory must be learn, and good
deal more before the practice comesand that practice
the plaintiffs part con lists of a thorough knowledge
of he forms rpeetdens-and, the defendants part
of the like knowledge TO the JorBulg OF the pleas
ejonders, &c. There are therefore books Of preee-
dents these books unfold every practical preceding
| whatever, IN every action known to the Iaw-pro
gress,ey from the importation of the ioitt, the final
return upn The execution. These Jorniuie of wrls
returns 10 wrts-oppearar neutrality-suspicious.
| --continuanccs-mpan nelling of juries -iral-e1-
ceptions-verdict- judgme of
| execuon-or, on The other hand new trial--or APP
peal, &c &c.-are all set forth IN the prec1d MS so
that, he who knows mosi Of precedents knows most
of prsciice but still these precedonis cannot them
selves be understood, without previous theoretical
know ledge The question, then, reso, into thus
Cannot a law student be well grounded in all the
! piecedents lato sensu who never saw practising
lawyers oicel And why no, ? On the contrary,
/ cannot be learn tar more of practice by the iud-
cous and careful study of all the 70, ,a which he
lever does IN practising lawyers Office than by
wiItng OF rather copying ho'e simple and OCCASION
al dec ar5tons pleas &C. which The master # Office
assigns to the STUDENT Is il not uniformly the case
that all really difficult and responsible business of this
sort is done by the master himself without ever reach
ing the eye Of the sludent-or, # II does only To me
chanicaly cory II Again: Who can dist u guisn be.
tween real suit IN court and fictitious IN which
| one student prepares the wnt-anuther the return
another he declaration some other the pea, &c
until all the prdeheai proceedings are gone through
And hat prevents these students making record of
he whole and then comparing all with rtifcd re-
cord f ON some court of justce IN like action All
this surety may be done a Law Insutution-and far
b uer-more quiet, and with more time tina n IN busi
ness offices where many precious hours often ust H.
useless messages-'ong collaborating i,tiers-
eopying quot derising) declarations pleas replica
tons &c 50 generally The sole woi kmanship o. the
master Of The Office and very seldom that Of the
student confess that all this is To my mind extreme
y plain snd has hng ished me Of the popular and
! serious error which has placed young m Offices
where little either Oftheory fprsctce is learnt This
surely j. not always the case but II IL too often such
asmany depending students have found and as thers
| have been compelled 10 confess, that they never
learned much VI theory or Of Practice until after they
came 10 The bsr but which time It sas found very
no hill and atduOus work, and sometimes not accom-
pi,shcd even Though whole life OF toll Doubtless
there arc many noble exceptions TO he correct ness of
these remarks but still, aver Il a fact, that my
! experience has never made me acquainted With any
uo,ing iaruer, who in candid conversation, was not
wiling 20 confess tia, his legal education had been
very hap-hszard-and that practice, to any really val
liable and abiding extent IS the last thing student
can ever hope Tor IN practising lawyers oiiicc.
After an extensive practice Of seven and twenty
wears IN all Of the courts, and devotion the int
rests Of iac students, during much Of that period may
not be much to say that practice be lost
ight ofn this Instuon and that nothing but mechani
cal narro,ones Of legal education, unworthy f an en-
,htened lawyer, could pstronise the nti.
nation that such an Inst'ut,on was only adopted for
the incubation Of the science add no, of the ori of our
| ntnfe. slnn-an ntmatIon continual duuhilens 10 a