The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-18
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

MARYLAND Law Institute. This establishment cont
nued in successful operation nearly eleven years hsv-
mo received students from efsres of the States and
| from Two foreign countries. Owing TO the pressure
OF extensive practice, simultaneously w'th the uu-
ties which the Institution involved resolved IN Tue
year 1886 10 abandon not lily the practice OF my ever
and long cherished profession, but also the Law ins-
lu,e aud for health and ease sought the more genial
climates VI Europe. Finding at this time, my health
perfectly restored and with II abatement whatever
Of my zeal and devotion 10 that great science which,
in this county, OF all Others needs to be mefhodcaiy
and carefully studied-and seeking, moreover, indus
t-ious and continued occupation, essential to happ-
10 land that knows idters reso ed TO re-esta-
bsh the Law lnstiution-and have selected fhtta-
depha the place Of its location. In 30 Jong have
though, that city in the Union Affords such various
and an pie Inducements for all the purpoStb OF The
Law Sutherland that ia can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made 10 me from a dis
lance the former occasion, in regard to the parc-
,Iars Of my enterprise induce TO anticipate similar
inquiries now--and, TO meet all such in advance
address this Circular, all that ! can offer in
explanation and, probably as all that may be requi
site
The Institution, dedicated alone TO law studies,
and their cogna,e and auxiliary topics Is u spacious
and beautiful building, NJ. III South Fifth street,
suitable for the accommodation Of about sixty stu.
dents. The rooms all suitably furn she'd supplied
with extensive law and miscellaneous library
,ci prscedents Of practice IN every conceivable and ap
proved firm. Studen admitted at any time
throughout the ycar-courses Of study, and the Ie-
qusite books are supplied, exactly 10 heet 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 the Union are in some degree dwelt upon
practice is constantly blended with theCry-but the
deep nd radical parens well as of students
is carefully AVOIDED allude to the too erroneous
lion that law students TO be made mechanical
artisdnsmere attorneys learning practice by roie and
jealous of book knociedge being too theo recai -
This mlschevous error must inevitably degrade the
science and profession, and is a gross mistake, since
no practising attorney ever good and lasting me-
who was not also deeply ,ersed in the and
theory of the law. ] therefore cannot acquiesce in
and will yield to- the vulgar error Of putting
practice before and above theory-it is an unnatural
Inversion Of the established order of nature-an igno
ran, and sloveny way of urging young men on TO at
| temp,s far beyond the powers of the human mnd-
for if The grounds and of the science be not
well known, the practice cannot be well known.
| But the error. to which | so earnestly allude is
| fou ded upoh another, which is equally false and
row. vz.-that students learn the practice only in
practising iaioyer's office! On The conlr ~ as gen.
era role, 1t is he very last place in which he
does, or can learn the praciice-and this be made
extremely manifest. w hat is practice $ disng uish-
| ed from theory? Take single exampe-and tr uno
disco onnes. The theory a law point says TO the
student If A lends b bis watch, and sells it, or re-
fuses 10 return 1t, A may bring what is called
| tOn OF rover anu Conversion. NOW frOrer means
finding, and conversion means appreprating to his
| own use and here again, the student learns two
other heoreficai law poinisviz that The find ng Is
verbal fiction not at all material or TO be
proped-and secondly, that the conversion by the de-
tendant 10 his consists ia the withhold
ing the properly from the plaintiff although it should
be ever so clearly proved that be in way the
property for himself for any purpose whatever but
| TO withhold IT from the plaintiff
Now all this theory must be learnt and good
deal more before the practice comesand that practice
the PLAINTIFF ar consists of thorough know ledge
of he forms preedens-and on the defendant part
of the like knowledge TO the Jorn,G of The pleas
rjonders, &c. There are therefore, books Of prece-
dents these books unfold every practical proceeding
| whatever, in every action known to the law-pro
gressively from the importation Of the rr to the final
return upon The erectaion. These Jormui9 of wrils
returns 10 -baii-mpaI ances
-coDtnuances-impanne of jures -Iria-ex-
cepons--verdict-j INSTRUMENTATION of
execuiion-oI, on the other hand, new ,ral-or APP
peal &c, &c.are all set forth in the Ipreeed MS so
that, he who knows most of precedeaB, knows most
Of practice but STILL these precedens canoot them
selves be understood, without previous theoretical
know ledge The question: then rcso tse into this
Cannot q law student be well grounded in all the
piecedents, iato sensi, who never saw pro ny
lawyers Office And Why not On the contrary
cannot he learn far more OF practice by the JUDI
cous and careful study Of all The formula (Which he
never does ia practising lawyers ofhcel than by
writing rather copying lho,e simple and OCCASION
al dec srst ons pleas, &C. which he Of Office
assigns t. the STUDENT IL il uniformly the case
that all realty difficult and responsible business Of this
sort is done by the master himself without ever reach
ing The eye Of the sudent-or, if It does only 10
chaDically copy II Again; Who dit nguish be
tween real suit IN court, and fictitious one 10 which
one student prepares the nnt-another the return
another he declaration some other the pea &c
until all the practical proceedings are gone through
And hat prevents these students making record of
the whole, and then comparing all with a rtifcd
cord Fl ON court Of justice in o like action All
this surely may be done IN Law Insiitution-snd far
b ter-more quetlS and with time thar in busi-
ne, offices where many precious hours are often lost ia
useless messages-'ong salks-lianscr binQ letters
COPYING mot devising) declarations pleas, replica
| tons &c. so generally the sole workmanship o the
master of The office, and very seldom that Of the
student confess that all this is to my mind extreme
Nv plain and has long shed of he popular and
serious error which has placed young IA offices
where little either oitheory Of practice is learnt This
surely - not hlwsys the case bot II is too often such
asimany dsyonoing students have found and as others
| have been compelled 10 confess that they never
learned much of theory Of practice until AFTER ueu
oars 10 hs bar but at which tine It was found very
up hill aud aIduous work, and sometimes accom-
| pished even though whole life Of toll Doubtless
there are many noble exceptions he correctness Of
these remarks but sill svcrit az fact that nv
81 perience has never made me acquainted With any
yo,ng la,rper, who, IN candid conversation was not
willing 20 confess that his legal education had been
very haphazard-and that practice to any really val
liable and abiding extent IS the last thing student
can ever hope Tor m practising lawyers Office.
After an extensive practice Of seven and twenty
wears IN all the courts and devotion to the int
rests Of laio students during much Of that period NAV
not be much to -sy that practice be lost
iqht ofn this lnsttut, and that hing bot m,ohon
cal narrornes Of Legal ,d,,ooto' unworthy e sn en-
lhhened lawycf could ever paroui-e even the init
nation that such Institution only adopted Tor
the incubation ofthe science and not Of tho ar Of our
profe,son-an iDtmston confined, doubtless, 10 a |
very few but which, still is one 90 fatal TO the inte
rests Of law students and captivating to unn-
formed parents and guardians, ADD 90 the ARDEN
udent who liable to be too anxious 10 praofios