The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-18
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

-
tmore Law School, under the denomination OF the
Maryland Law Institute This establishment CONT
nued IN successful operation nearly eleven years nav
ing receives students from eren OF the oia'es ana
from two foreign countries OWING 70 inc pressure
OF an extensive practice simultaneously with The du-
ties which the Institution Involved, resolved IN the
year 1886 To abandon not lily the practice OF my ever
and long cherished profession, bat also the Law instr
lute and for health and ease sought the more GENIAL
climates Of Europe Finding, at this time, my health
perfectly restored and with abatement whatever
OF my zeal and devotion TO that great science when,
in this country of all others needs to be nethodicafy
aud carefully studied-and seeking, moreover, indus
trious and continued occupalion essential TO haPP
ia and that knows idsrs resos cd TO e-esta-
bish the Law Inst,uiion-and have selected ihta'
depha The place of It's location. In SO dong have
thought that city In the Union affords such various
and ample Inducements for all the purposes OF the
Law Sutherland that in none cun more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made TO me from uis-
lance the former OCCASION in regard to the patsc-
uiars OF my enterprise induce me TO anticipate similar
inquiries now--and, to meet all such IN advance,
now address this Circular, all that can o'ef IN
explanation and, probably all that may be requ'
site.
The Institution, dedicated alone to law studies,
and their cognae and auxiliary TOPICS IL spacious
and beautiful building NJ. III South Fifth street,
suitable for the accommodation OF about sixty stu
dents. The rooms all suitably fun shed, supplied
with an extensive law and miscellaneous library
i preceden Of practice in every conceivable and APP
proved form. Studtn's are admitted at any time
throughout the yeaT--courses OF study, and the re-
qlsite books supplied, exactly TO neet the
ants and of the student, according as he may
design 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 dwct upon
practice is constantly blended with thecry--but the
deep and radical OF pa,enfs well Of students
is carefully avoided allude to the tho erroneous
ton that law students to be made mere mechanical
atisasmere attorneys, Learning practice by ro,e, and
Jealous of acknowledge being too theoretical -
This mschevous error must inevitably degrade the
science and profession, and 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 acq uesce in,
| and never will yield to- the vulgar error Of putting
practice before and above theory-it is an unnatural
Inversion Of the established order of igno-
rant and sloveny way of urging young on at
tempts far beyond the powers of the human IL ind
for, # he grounds and reasons of the science be
well known, the practice cannot be well known.
But the error, to which | SO earnestly aIude, is
founded upoa another, which equally false and
row, What students learn the practice only in
practising la,cyers office! On The contrary as gen
eral rule, il Is he very last place in which he
does, learn the praciiceand this can be made
extremely manifest. What is practice distinguish
ed from theory? Take single example-and er uno
dtsce onines. The theory law point says TO the
student if A lends his watch and sells it, or re-
fuses TO return it, may bring what is called an
ton of Trover and Conversion. Now iroper means
finding, and conversion means approprialing il his
own use and here again, the student learns two
other heoreticat law pcinls-vz. that the finding is
now mere verbal fiction, not at all MATERIAL or 10 be
prorsd-and secondly, that the conversion by the de-
frndan to his use consists in the mere WITHHOLD
ing The properly from the plaintiff although should
be ever so clearly proved that he in way the
property for himself or for any purpose whatever but
TO withhold il from the plaintiff.
Now all this theory must be learnt and good
deal more before the pactic comesand that practice
on the plaintiffs par conr isis of thorough knowledge
of he forms precedenis the defendant part
OF the like knowledge TO the formula of the pie a.,
reJoinders &c. There are therefore books Of preoe-
dents these books unfold every practical proceeding
whatever, in every action known to the iaw--pro.
gessvely from the Importation of the icri 10 the final
return upon The eree,aon. These formula of wri,s
returns TO wrts-appearsr ces-bai--inp aIlances
continuances-impanneng of juries -lral--ex-
cep,ions-verdct-ju dg Observation-Disclosures of
executiun-or, on The other hand, new trial-or APP
peal &c, &c.-are all set forth in the 'peeed MS so
that, he who knows most of precedeats knows mos,
Of practice but still, these precedens cannot them
selves be understood without a previous Aeoretical
knowledge. The question: then resolves itse into this
Cannot a law student be well grounded in all the
precedens, iaio sensu, who never saw pr actisinr
lawyers Officer And why not On the CONTRARY
cannot he learn far more of practice by The iud-
eious and careful study of all the formula (which be
never does in practising lawyers ofice) than by
wrng, OF rather copying tbose simple and occasion
al declarations, pleas &c, which he master Of Office
assigns to the student} Is 1t 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 siudent-or, If it does only to me
chancaly copy IT Again: Who can DISTINGUISH be.
real suit in court, and fictitious, one IN which
student prepares the wrt-another the return
another he declnration- some other the % ca NC
until all the practical proceedings are gone through
md hat prevents these students max ing record of
the whole, and then comparing all with a c. rtied re-
cord Fl ON cour, of justice in a like action All
this surely may be done IN Law InsItution-and far
b ier-more quieS -and with more time than in bus.
Offices where many precious hours are often lost ia
useless messaees-ong walks-anscr bling letters
ooppnng mot dertstng) declarations, pleas, REPLICA
tons &c generally the sole work manship OF the
master of the Office and very seldom that of tho
student confess that all this is to my mind extreme
ly plain and has long so isied me Of the popular and
serious which has placed young men IN Offices
where little either oftheory practice is learnt This
surely Is not always the casc-b ii too often such
asmany depondng students have found and as others
have been compelled to confess, that they never
learned much Of theory Of practice until after u
came 10 the bar but at which tine IL wac found very
uphill and aIduous work, and sometimes not accom-
plshed even through a whole life of toll. Doubtless
there are many noble exceptions 10 the correctness of
these remarks but still aver it az fact that nv
experience has never made me acquainted with any |
uo,ng iatrger who in candid conversation was no,
wiling 20 confess that his legal education had been
very hap-haz,rdandt hs, practice to any really val
liable and abiding extent Is the last thing student
can ever hope Tor IN practising lawyers ofiice
After an extensive practice Of seven and twenty |
years in all Of the courts and devotion TO the nfe
rests Of mo students during much Of that period it may
not be much to say that practice never be lost
light ofm this institution and that nothing but eoAui
cal naTo,oneS Of legal edeaiion, unworthy an en-
ghtened lawyer could ever patronse the intl-
nation that such an Institution was only adopted for
the incubation of the science and not Of the art Of our
profes sion-an intmation confined, doubtless to a
very few bu, which, sill, is fatal TO the nte-
rests of law students, and captivating TO unin.
formed parents and guardians and 10 the ardent