The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-09
A CIRCULAR TO STUDENTS OF Law
W IN THE OMITTED STATES.

Maryland Law Institute This establishment cont
nued in successful operation nearly eleven years, hA'
ing received students from slersn 81 the States ano
from Two foreign countries Owing 10 me pressure
Of an extensive practice simultaneously win the du-
ties which the Institution involved, resolved In Tue
year 1886 TO abandon not lily the practice OF my ever
aud long cherished proiession but also the Law ihs''
tute and for health and ease sought the more genial
climates o Europe Finding, at this time, my health
perfectly restored, and with IL abatement whatever
Of my zeal and devotion that great science, which,
In this county, OF all others, needs 10 be mehodseay
and carefully stujied-and seeking, moreover indus
trious and Continued 90 essential to happi-
ness In land that knows oilers resol' cd TO fecsa-
bsh the Law lnstIluiion-and have selected Phlla-
depha as the place Of It's location IN ~ doiag have
thought that city 10 the Unon affords such various
and ample Inducements for all the purposes OF The
Law Sutherland that in none more worthy
economy be preserved, and yet with every requisite
comfort
The frequent applications made to me from dis
lance the former OCCASION ia regard 10 the partic
,lays of my enterprise, induce to anticipate similar
| inquiries now-and 10 meet all such in advance,
now address this Circular all that offer in
planation and, probably, as all that may be fequ
site.
| The Institution dedicated alone to law studies,
and their cognaie and auxiliary topics, spacious
and beautiful building, NJ 1T South Fifth street.
suitable for the accommodation of about sixty stu
dents The rooms all suitably furn shed supplied
| with an extensive law and miscellaneous library
,c preeedents Of practice in every conceivable and APP
| proved frn students admitted at any time
throughout the year-courses OF study, and the re-
quisite books supplied, exactly to heet the
wantsand views of the student, according he may
design TO practice his profession ethet 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 pleaded with theory-but the
deep and radical error of pa,ents well of students
is carefully avoided alIude the too erroneous
ton that law students to be made mere mechanical
arisansmere attorneys learning practice by rote and
jealous of book knowledge being too theoretical -
This mischievous 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 veIsed in the and
theory of the law. therefore cannot acquiesce in,
and never will yield TO, the vulgar Of putting
practice before and above theoryit is unnatural
inrersion Of the established order Of gno-
rant and slovenly way of urging young men on to at
| temps far beyond the powers of the human mind
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 alude, is
founded upoh another, which is equally false and
row, vz.hat students learn the practice only in
practising lawyers office! On the conr. ry gen
eraI rule it is the very last place in which he
does, or can learn toe praclce-and this be made
extremely manifest. What is practice as distinguish
ed from theory? Take single example-and
disco onlnes. The theory or law point says TO the
student, if lends his watch and sells it, or re-
fuses 10 return 1t, may bring What is called
ton of Irover and Conversion. Now iroper means
hndIng, and conversion sppropriating il to his
own use; and here, again, the student learns two
other heorecaI law pons--vlz. that the find ng is
now verbal fiction, not at all material or TO be
prorsd-and secondly, that the conversion by the de-
fendant 10 his consists in the mere WITHHOLD
ing the properly from the plaintiff, although it should
be ever clearly proved that he in way used the
property for himself for any purpose whatever but
| to withhold II from the plaintiff.
Now all this theory must be learn, and good
deal more before the pracce comes-and that practice
the plaintiffs part consists Of thorough know ledge
ofthe forms prrefdents-and the defendant part
of the like knowledge as 10 the formula Of the pleas,
rejoinders &C. There are, therefore books Of prso1-
dents these books unfold every practical proceeding
whatever, IN every action known 10 the lsw--pro
gressvey from the importation of the Brit to the final
return upon the execution. These torp,ui9 of wrts
returns TO neutrality-suspicious.
-continuances-impannell of juries --tral--ex-
cepuons-veTdict-J Observation-Disclosures Of
| eXecution-or on the other hand new trial--or sp-
peal Sc Se.-are all set forth in The fpreced, MS so
that, he who knows nost of preoedsHts, knows most
of practice but still these Irecsdents cannot them
selves be understood, without q previous theoretical
knowledge. The question: then resolves itself into III
| Cannot law student be well grounded in all tho
pIecedents, iaio sensu, who never pr actising
lawyers ofiicel And why not On the contrary,
cannot he learn far more OF practice by the Judi.
eious and careful study of all the JorBiia (which he
never does IN practising lawyer ofice) than by
writing, rather copying tho,c simple and occ asion.
al declarations pleas &c which the master # an office
assigns 10 the STUDENT T. not uniformly the col Sc
that all really difficult and responsible business of this
sort is done by tue himself without ever reach
ing The eye Of the s,udent-or if does only 10 me
| chanicay copy ~ again: Who can distinguish be.
tween real rult in court and fictitious one IN which
| one student prepares the vrt-another the return
| another he declnrauon- some other the pea, &c
until all the practical proceedings are gone though
And hat prevents these students making record OF
the whole, and then comparing all with c, rtided re-
cord flom some court of justice in like action All
this surely may be done in Law InsiItuton-and far
b tter-more quietly with more time IN 4 n ia buzz.
ness offices here many precious hours are often lost in
useless messeges--ong walks--transcrbinp letters
copying (not der,sng) declsia tions pleas replica
tons &c. so generally the sole workmanship Of the
master of the Office and very seldom that Of the
student confess thai all this TO my mind extreme
ly plain and has long isGed Of he popular and
| serious which has placed young men IN Offices
where little either oitheory or OF is learnt This
surely - not always the case but II is too often such
amsny dsspOnd,ng students have found and as Others
have been compelled TO confess, that they never
learned much Of theory Of practice until afler neu
came 10 Tia bar but, at which tune It found very
up- hill and aduous work and sometimes not accom-
pished even Though whole life Of toll Doubtless
there are many noble exceptions to the correctness Of
these remarks but still aver il a. a fact that nv
experience has never made me acquainted With any
vo.ng la,over, who in candid conyersaion was MOI
wiling 20 confess that his legal education had been
very hap-hszard-and that practice, to any really val
liable and abiding extent rs the last thing student
can ever hope Tor IN practising lawyers Office.
After an extensive practice Of seven and twenty
years in all Of the courts, and devotion 10 the int
rests Of lne students, dunng much OF that period may
not be much to say that procfee never be lost
light ofn this Institution and that nothing but meehani-
cal Of legal education, unworthy e an en-
lightened lawyef could palronse even the int-
nation that such lnsti ution only adopted Tor
the incubation ofhe science, and not Of the af Of our
profes son--an ntmauon confined, doubtless TO a |
very few, but which, STILL Is fatal the int
rests Of law students and captivating 10 unin- |
formed parents and guardians, aud 20 the ardent
slndent who Is liable % be too an1ions % praoot