The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-16
CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

Maryland Law Institute, This establishment, CONT
nued successful operation nearly eleven years, ha'
ing received students from esrea oil the States anu
from Two foreign counirlse. Owing TO the pressure
of an extensive practice simultaneously WIN the du-
ties which the Institution involved, resolved Ia Tue
year 1886 To abandon not y The practice OF my ever
and long cherished profession, but also the La" ins,
te; and for health and ease sought the more genial
climates of Europe. Finding, at this ume my health
perfectly restored, and with IL abatement whatever
Of my zeal and devotion TO that great science, winch
in this country OF all others needs TO be nehod'eay
and carefully sludied-and seeking, moreover indus
rous and continued occupation essential 10 hsppi-
ness ia land that knows oilers resols ed To 'eesa-
blish the Law Instiution-and have selected f'hita
dspha The place OF It's location. In so doiag have
thought that city in the Union affords such various
and an.ple inducements for all the PURPOSES of the
Law Sutherland that in none can more worthy
economy be preserved and yet with every requisite
comfort.
The frequen, applications made to me from a dis
lance the former OCCASION in regard To the pa'tte
trs of my enterprise, induce me TO anticipate similar
inquiries now--and, To meet all such in advance,
now address this Circular, all that | offer in
explanation, and probably, as all that may be requ
site
The Institution, dedicated alone to law studies
and their cognate and auxiliary topics, Is spacious
and beautiful building, N 4. III South Fifth street
suitable Tor the accommodation of about sixty stu
dents. The rooms all suitably turn shed supplied
with extensive law and miscellaneous library
,ciD precedes Of practice in every conceivable and APP
proved form. Studens are admitted at any time
| throughout the year-courses Of study, and the
qusiie books are supplied, exactly to neet the
wants and views of the student, according as he may
design to practice his proe sson either in the country
or IN some of the maritime cities. The laws of every
State in the Union in some degree dwelt upon
practice Ii constantly bonded with hsory-but the
deep and radical OF parents, well as of students
is carefully avoided allude to the erroneous no
ton thatlaw students TO be made mere mechanical
dtiSdns-mere attorneys, learning practice 10y rotc and
jealous of book knopledge os being too theoretical -
| Ihis mischevous error must inevitably degrade the
science and profession, and is gross mistake since
no practising attorney was ever gooi and lasting one
who was not also deeply versed in the reasons and
theory of the law. | therefore cannot acquiesce in
and never will yield TO- the vulgar error Of putting
practice before and above lheory-t is ar unnatural
inrerSiOn If the established oder Of naiure-an gno-
rant and sloveny way of urging young men on TO at
| temp's far beyond the powers of the human ind
for If The grounds and of the science be not
| well known, the practice cannot be we'll known
But the error, to which | so earnestly al!ude is
fou ded uho. another, which is equally false and mar
row, Nz--that students learn the practice only ia
practising lncyer'S office! On The coniT.ry, as gen
era rule, II Is The very last place in which he
does, or can learn the praclice-and this be made
extremely manifest. Whai lie practice as dsling ush-
ed from theory? Take single example-and uno
disco onines. The neory or law point says to the
student if A lends b his watch and b sells it, or re-
fuses TO return ii, A may bring what is called an ac-
tioH OF lIONtT ana CONVERSION. NOW ff0ctr means
binding, and conversion means appfopriatipg to his
| own use and here again, the student learns two
other theoretical law poinls-viz. that the tlding
now mere verbal fiction not al all material, OF To be
prorsd-and secondly, that the conversion by the de-
tendant To his use consists in the mere WITHHOLD
ing the properly from the plaintiff although it should
be ever 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 a good
deal more before the practice comesand that prac
on the plaintiff part consis,s bi thorough knowledge
of The forms preoedeis-and the defendants part
of the like knowledge TO the JorrnuiG of the pleas
rejonders, &c. There are therefore books Of preoe
dents these books unfold every practical proceeding
whatever, in every action known TO the Iaw-pro.
gresslvely from the importation of the cr to he final
return upon the erecuion. These formula of wrils
returns TO neutrality-suspicious.
continuances-impanneing of juries -irial-eI
ceptions-verdict-ju Observation-Disclosures of
execution-or, on the other hand, new tral-or APP
peal &c, &c.are all set forth in The ,preed MS so
that, he who knows most OF prtoedents, knows most
of practice but still, these precedens cannot them
selves be- understood, without previous theoretical
know ledge The question: then resolves itself into this
Cannot law student be well grounded in all the
preeedents, Iaio Sesu, who never saw practising
lawyers office Aud why not 7 On the contrary,
cannot he learn far more OF practice by the jud-
cous and careful study Of all the formula (which be
| never docs ia practising lawyers Cicc) than by
wiitng rather copying, those simple and occasion
al declarations pleas &c, which the master Office
assigns 10 the STUDENT Is 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 sudent-or, If II does only 10 me
| chanically copy 1t Again; Who can distinguish be-
tween real suit in court, and fictitious one 10 which
| one student prepares the ~rt-another the return
| another The declaration some other the pea &c
until all the practical proceedings are gone through
And what prevents these students making record of
the whole, and then comparing all with a certified
cord f. ON some court Of justice IN like action All
this surely may be done Law Insiitution-and far
b tef-more quiet, and with more time than 10 bus-
ness offices where many precious hours often lost ia
| useless messages-long waks-,.anscr bling letters
copying mo, derising) declaIa,iofs pleas replica
tons, SC. generally the cole workmanship o 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 is6ed me Of the popular and
serious error which has placed young men IN Offices
where little either ofthooy practice is learnt This
surely 10 always the case bot IL is too often such
asimany depending students have found and as others
have been compelled TO confess that they never
learned much Theory Of practice until aer hsu
came 10 tho bar but, at which time It war found very
up hl and arduous work, and sometimes no, accom-
pishcd even Though whole life of toll Doubtless
there are many noble exceptions to The correctness of
these remarks but STILL aver il as fact that nv
experience has never made me acquainted With any
young ldcyer, who, IN candid conversation was not
willing 20 confess that his legal education had been
very hap-hazsrd-and that practice to any really val
liable and abiding extent, rs the last thing student
can ever hope for IN practising lawyers office.
After an extensive practice Of seven and twenty |
years in all Of the courts, and dc, oon to the int
rests Of aic students, during much ofthat period may
not be much TO say that practice be lost
irht ofin this Institution and that nothing but mcohan
cal nayTocae1 Of legal education, unworthy tf an en-
ehtened lawyer, could ever patronise even TIE init
nation, that such an Inst uton only adopted for
the incubation ofthe science and not Of the Of our
-. s.
very few, but whicb still Is fatal 10 the inte-
rests Of law students, and captivating TO unin-
formed parents and gu'rdians ADD 10 tho ARDEN
student who il 80 liable TO he too anxious 10 practice