The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-14
CIRCULAR TO STUDENTS OF Law
In THE UNITED STATES.

| tiuOfc Law school, uburf ht uohouibe"o" W '''~
Maryland Law Institute. This establishment eon''-
nued successful operation nearly eleven yesrs ha'
my received students from elsren OF tue STATES ano
from two foreign countries. Owing TO the pressure
of~n extensive practice, simultaneously WIN 'ne uu-
Tee which the Institution involved, resolved, IN the
year 1886 To abandon lIy the practice Of my ever
aud long cherished profession but also the Law inst-
tute and for health and ease, soogh, tho more genial
climates vi Europe Finding, al this time, my hea"h
perfectly restored and with II abatement whatever
Of my zeal and devotion that great science, which
in this country, OF all Others needs TO be mehodieay
and carefully sluded-and seeking, moreover indus
t.ious and continued occupanD essential To happ
ness land thai knows idtes esoi. ed TO ie-esa-
blish the Law lnstiiuiion-and have selected ihila
dsipha the place Of its location In 30 dong have
thought that city ia the u MON affords such various
and ample Inducements Tor 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 pa'tte
ua,s of my enterprise, induce me to anticipate similar
inquiries bow--and, 10 meet all such in advance,
now address this Circular, all that can offer IN
ex blanstlon, and probably, as all that may be reqa-
site.
The Institution, dedicated alone TO law studies,
and their cognaie and auxiliary topics, Is spacious
and beautiful bu lding, NJ. III South Fifth street
suitable for the accommodation of about sixty stu
dents. The all suitably furD shed, supplied
with extensive law and miscellaneous Library
Nth precedents Of practice in every conceivable and APP
proved form. Siudtns admitted at any time
throughout The year--courses OF study, and the re-
quiste books supplied, as exactly 10 neet the
wants and views Of the student according as he may
design practice his profession cthe IN the country
or in of the maritime cities The laws Of every
State in the Union in some degree dwelt upon
practice is constantly blended with hecry-bnt the
deep and radical error OF parents, well of students
is arcfulIy avoided aiude TO the too erroneous
ton that law students TO be made mechanical
jealous of book knowledge, being too h.eor ecai -
This mscbievous 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 versed In the and
theory Of the law. | therefore cannot ac1uiesce in
nd never will yield to- the vulgar error Of putting
pracfics before and above theoryit is an unnatural
Inversion of the established order of natureon igno
rant and slovenly way of urging young men at
temps far beyond the powers of the human ind
for II The grounds and reasons Of the science be not
well known the practice cannot he well known.
But the error, to which | so earnestly ailude is
fou nded upoh another, whichis equally false and
row, vlz.-that students can learn the practice only in
practising lawyers office On he conir.ry, as gen
eral rule, II Is The very last place in which he ever
does, or can learn the praclice-and this be made
extremely manifest. What is practice distinguish
ed from theory? Take a single e1ampe-and tr u,,o
disco omnes. Ihe theory law point says to the
student, If A lends b his watch and sells It, or re-
ton Of Trover and Conversion. Now trorer ns
finding, and conversion means apprcprating il to his
own use; and here, again, the student leans two
other theoretical law polnis-viz that The find ng Is
now mere verbal fiction not at all material 10 be
proved secondly, that the conversion by the de-
irndant TO his consists in the withhold
ing the properly from the plaintiff although it should
be ever so clearly proved tina, he IN no way uscd the
property for himself for any purpose whatever, bot
to withhold II from the plaintiff
ho
deal more before thepractee comesand that practice
the plaintiff part conists of thorough know ledge
of the forms prectdens-and the defendants part
of The like knowledge TO the formula of the pleas
reolnders &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
whateyer, in every action known to the law-pro
.ressvely from the importation of the pri to the 6nal
return upon the ereeuon. These formula of wri,s
returns 10 s-baiI-imparance
-continua nces-impannellin of lures -rial-eI-
ceItioDs-yerdict- judg ment-eI ecuon-return of
execulion-or, On the other hand, tridl-or APP
peal &c &c.-Ore all set forth in the ip,eeed MS go
that he who knows moat Of preced,gis, Knows most
of practice but still, these precedenis cannot them
selves be dersood without a previous theoretical
know ledge. The question: then resolves se into this
Cannot a law student be well grounded in all The
precedents, lato 0nsu, who never saw a practising
lawyers office ? And why not On the CONTRARY
cannot he learn far more OF practice by the iudi-
cious and careful study Of all the formula " hich he
never does in practising lawyers ofiice) than by
writing, OF rather copying, those simple and
al declarations pleas, &c, which the of office
assigns TO the STUDENT j. IL uniformly the case
that all really difficult and responsible business Of this
sort il done by the master himself without reach
ing the eye Of the sudent-or If II does only to me
chanicaliy copy II Again: Who can diet nguish be-
tween real su in court, and fictitious one In which
one student prepares the wrt-snother the return
| another The declaration some other the pea &c
until all the practical proceedings gone through
And whai prevents these students making record OF
the whole, and then comparing all with a rtiiied
cord f. ON some court OF justice in like action All
this surely may be done a Law Insrluton-and far
iter-more quiet, IaDd with more time tina 10 buzz.
Offices where many precious hours often lost ia
useless messages-'ong ~alks-tfanscr bing letters
copying (not dsrising) declarations pleas, replica
tons, &c. so generally the sole work msnship o. the
master Of the Office, and very seldom that Of the
student | confess that all this is To my mind extreme
ly plain, and has long sfed of the popular and
serious error which has placed young men Offices
where little either OF theory or oprsctce learnt This
surely IS not always the case but it is too often such
as'msny depending students have found and as others
have been compelled 10 confess that they never
learned much Of theory Of practice until after heu
came TO ihs su but, at which time 1t was found very
u D. bill and arduous work, and sometimes accom-
pished even through whole life of toll Doubtless
there are many noble exceptions 10 he correctness of
| these remarks but still ! aver IL az fact that nv
experience has never made me acquainted with any
Young Laryer, who in candid conversation was not
willing 20 confess that his legal education had been
very hap-hazard-aod that practice TO any really val
liable and abiding extent, Is the last thing student
can hope for IN practising lawyers ofice.
After an extensive practice Of seven and twenty
years in all Of the courts and devotion to the int
rests of lar students during much of that period NAV
not be much to say that practice be lost
light ofin this lns'tuiioD and that hing but mechaai
cal norrorn,ss Of legal education unworthy e IN en-
III hteped lawyer could pstrooise the int.
nation that such Institution only adopted for
q h.. all -
profe-slon-an intmstion confined, doubtless, TO
very few but Which, STILL is fatal the inte
rests Of law students, and captivating TO unin-
formed parents and guardians, and to the ardent