The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-21
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.

IN THE UNITED STATES.
TN the year ls2i under the auspices OF the bniscf-
II sfy OF MARYLAND established In the city OF Bal
timore Law School, under the denomination oil the
Maryland Law Institute. This establishment CONT
naed in successful operation nearly eleven years nav
ing received students from eerea OF The States and
from Two iereIga countries. Owing 10 the pressure
Of an extensive practice simultaneously with The du-
lies which the Institution involved resolved IN the
year 1886 abandon ly the practice OF my ever
and long cherished profession, but also tue Law ins.
tute and for health and ease, sought the more genai
climates Of Europe. Finding, at this time my health
perfectly restored and with no abatement whatever
Of my zeal and devotion TO that great scienoe which,
in this county OF all Others needs 10 be nsfhodlcaHy
and carefully sludied-and seeking, moreover, indus
trious and continued occupation, so essential To hap-
ness in land that knows oilers reso' ed 10 e-esta-
bish the Law lnst iulion-and have selected Phtia'
de pha the place OF It's location. In 50 doig have
thought that city In the Union Affords such various
and ample Inducements for all the PURPOSES OF Tue
Law Sutherland that in none can more worthy
economy be preserved, and yet with every requisite
comfort
The frequent app ications made TO me from dis
tance the former occasion, in regard to the pfe-
tars of my enterprise Induce me 10 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 cognale and auxiliary topics, spacious
and beautiful building, N. III South Fifth street,
suitable for the accommodation of about sixty stu
dents. The all suitably furn shed, supplied
with extensive law and miscellaneous library
Nth precedens u practice IN every conceivable and APP
proved form. Studtns admitted at any time
lhroughou the year-courses OF study, and the re-
qusite books supplied SO exactly TO meet the
wants and views of the student, according he may
design 10 practice his profession eher IN the country
o in of the maritime cities. The laws Of every
State in the Union in some degree dwet upon
practice is constantly be lded with heCry-but the
deep and radical of paren well Of students
is carefully avoided alludc to the too
ton that law students TO be made mechanical
artisans attorneys, learning practice by roe and
jealous Of book knO,ciedge being too theoretical
This miscbevous rror must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney good and lasting one
who was not also deeply yeIsed in the reasons ind
theory of the law. therefore cannot acquiesce in
and never will yield TO, the vulgar error Of putting
practice before and above theory-it is unnatural
inrersion Of the established order Of naurean igno
rant and sloveny way of urging young men 10 at
| tempts far beyond the powers Of the human n ind
for, If the grounds and of the science be not
well known, the practice cInnot 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 laoyer's office! On the c1nir.ry as gen
erai rule, 1t is he very last place in Which he ever
does, or can learn the pracliceand this be made
extremely manifest W hat is practice distinguish
ed from heory3 Take a single example and er uno
disco onines. The theory law point says to the
student If lends his watch and sells it, or re-
fuses to it, A may bring what is called an ac-
ton of Trover and Conversion. Now rorer
hndng, and conversion means apprupratiug II to his
own use and here, again, the student learns two
other theoretical law poInts-viz. that the find ng
now mere verbal fiction, not al all material 10 be
prorsd-and secondly, that the conversion by the de-
iendant to his consists in the WITHHOLD
ing the property from the plaintiff, although should
be ever so clearly proved tina, he in way used the
property for himself or for any purpose whatever but
10 withhold Il from the plaintiff.
Now all this theory be learnt and good
deal more before epraetce comes-and that practice
on the plaintiff parl ,cons lists Of thorough nowedge
of he forms or pTectdns-and, the defendants part
OF the like knowledge as to the formula of the pleas
reolnders, &c. There are therefore books of preee-
dents these books unfold every practical proceeding
whatever, in every action known to the Iaw--pro
gressvey from the importation of the prii the final
return upon the ereeuiion. These formula of wrts
returns 10 wrts-appearaDces-bail- par lances
acknowledgement of juries -Iral-ex-
cepions-yerdict- udgment-ex, culion--rrturn of
execution-or, on the other hand new tria--or ap-
peal &c, &c.-are all set forth in the fpreced MS so
that he who knows most Of pTeoedeHts, knows most
of practice but stll these presidents cannot them
selves be Understood, without a previous theoretical
know ledge The question, then resolve itsel INTO this
Cannot a law student be well GROUNDED ia all the
precedents, nio sensu, who never saw practising
lawyers Office Aud 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 10 practising lawyers oflice) than by
writing OF rather copying, tho'e simple and
al dec afat ons pleas &C. which The master Office
assigns To the STUDENT IL not uniformly the case
that all really difficult and responsible business Of this
Is done by the master himself without ever reach
ing the eye Of the siudent-or f does only 10 me-
chanically cory 1t A gain; Who can distinguish be.
tween real suit in court and fictitious one IN which
one student prepares the wnt-anOther the return
| another The declaration some other the u ca &c
until all the practical proceedings gone though
And What prevents these students making record OF
the whole and then comparing all with a c, riiied re-
cord Il ON court of justice in like action All
this surely may be done In Law lnsututon-and far
"a tef-mote quiet, land with more time tina n in bu.i.
ness offices where many precious hours are often lost ia
useless messages-long salks-,lanscr bing letters
copying mot d,rising) declarations pleas replica.
tons Sc. generally the sole workmanship OF the
master Of The office, and very seldom that Of the
student confess that all this is 10 my mind extreme
ly plain and has long isied me Of the popular and
serious error which has placed young men "a Offices
where little either otbeory or practice is learnt This
surely j. not always the case-b II is too often such
amany 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 10 he bar but at which time 1t war found very
uphill aud aIduous work, and sometimes not accom-
pished even thu, ugh whole life Of toll Doubtless
there are many noble exceptions TO The correctness OF
these remarks bot still, aver it a fact, that my
experience has never made acquainted With any
vo,ing ia,ruer who, IN candid conversation was not
willing 20 confess that his legal education had been
very hap-hnzard-snd that practice, TO any really val
liable and abiding extent a the last thing student
can ever hope ion m practising lawyers office.
After an extensive practice Of seven and twenty
years in all Of the courts and devotion 10 the inte
rests Of imc students during much that period it may
not be much 10 say that practice be lost
light ofn this institution and that nothing but toani-
cal narro,one Of legal education unworthy e an en-
ightened lawyer could ever patrouise the init
nation that such Institution only adopted for
the incubation ofthc science nd not of the arf of on,