The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-22
A CIRCULAR TO STUDENTS OF LAW
in THE UNITED STATES.

MARYLAND Law Institute. This establishment eonu
nued in successful operation nearly eleven s.s, I
ing received students from elepen OF tue o'a''i any
from two foreign countries. Owing 10 inc pressure
Of an ex ensive practice simultaneously with the du
ties which the Institution involved, iesoiNeoi !" '
wear 1886 20 abandon not lly the practlce Oh ny oo
and long cherished profession but also the Law ins
ute and for health md ease sought the more gepiai
climates of Europe Finding this time, my health
perfectly restored and with II abatement Whatever
of nv zeal and devotion TO that great science winch
in this county of all others, needs TO be msodeaHy
and carefully studied-and seeking, moreover, lhdus-
tr,ous and continued occupation, essential 10 haPP
ness in land that knows oilers reso ed TO fe-ess-
bish the Law lnstiiution-and have selected ih'ia-
epha he place of It's location In 80 dong nave
thought that city in the Union affords such various
and ample 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 frequent applications made 10 me from dis
lance on the former OCCASION IN regard 10 the parc-
,ilns of my enterprise, induce to anticipate similar
inquiries now-and, To meet all such IN advance,
MOI address this Circular all that ! can offer in
1planaton and, probably as all that may be roqui-
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 rooms all suitably furn shed, supplied
with an extensive law and miscellaneous Library
Nth preeedens Of practice IN every conceivable and APP
| proved form. SUDDEN are admitted at any time
throughout The year-courses OF study, and The re-
qusite books supplied so as exactly TO aeet the
wants md of the student, according he may
design practice his profession eber IN the country,
| of the maritime cities. The laws OF every
State in the Union ore in some degree dwet upon
| practice is constantly blended with heCry-but the
deep and radical of paren well of students
is carefully avoided allude TO the erroneous
ton that law students to be made mechanical
a,tisansmere attorneys, learning practice by roe, and
Jealous of book Acknowledge being too theoretical
This mischievous must inevitably degrade the
science and profession, and Is gross mistake, since
practising attorney was ever good and lasting ne,
who not also deeply veTsed 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 unnatural
Inversion of the established order Of naure-an igno
rant and slovenly way of urging young men 10 at
| tempts far beyond the powers of the human mind
for if The grounds and of the science be
well known, the practice cannot be well known.
But the error to which | SO earnestly allude, is
fou hded upod another which is equally false and
row. vz.-that students learn the practice only in
practising lawyers office! On The CONTRARY, as gen
era rule, It is The very last place in which he ever
does can learn the practice-and this be made
extremely manifest That is practice 5 distinguish
| ed from theory? Take a single exampe-and er uno
disco ontnes The theory or a law point says TO the
| student, if lends b his watch and b sells it,
fuses 10 return it, A may bring what is called an &C
ton of Trover and Conversion. Now
finding, and conversion means approprating it to his
own use and here, again, the student learns two
other theoretical law pons-viz. that the find ng Is
verbal fiction, not at all material, TO be
propsd-and secondly that the conversion by the de-
ftndant his 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 OF for any purpose whatever but
TO withhold It from the plaintiff.
Now all this theory must be learnt and good
deal hepY he A TN
on the plaintiffs part consists of thorough knowledge
of he forms precedsnts-and the defendants part
of the like knowledge to the toruug of the plea.
rejonders, &c. There are, therefore books Of prece
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro
gressivey from the importation of the orit TO he final
| return upon The ereeution These formula of writs
returns 10 Observation-Disclosures
Acknowledgment of jures -lria-ex-
ceptions-verdict- Observation-Disclosures of
| execuon-or, on the other hand, trial-or APP
peal, &c, &c.-ure all set forth in the fpreoed MS so
that, be who knows most OF precsdeaiS, knows
of practice but st these presidents cannot them
selves be understood, without previous theoretical
know ledge The question, then resolves sefln,o this
Cannot law student be well grounded in all the
presidents idto SerstI, who never q pr actsng
lawyers ofiicel And why not On the contrary
cannot be learn far more OF practice by the JUDI
cious and careful study Of all the formula (which he
never does IA practising lawyer office than by
writing, OF rather copying, those simple and occasion
al dec aratons, pleas &c, which he ofan Office
assigns to the student IL II uniformly the
thai all really difficult and responsible business of this
sort is done by the master himself without ever reach
ing the eye Of the student-or f 1t does only To me
| chanicay copy IL Again Who can distinguish be-
real suit in court and fictitious one IN which
| one student prepares the wnt-another the return
| another he declaration some other the pea &c
until all the practical proceedings gone through
And hat prevents these students making record Of
| the whole and then comparing all with a certified re-
| I'D "a m Iustce in a Ila
this surely may be done Law lnstItution-and far
tter-more quiet y-And with more time than in bus
ness offices where many precious hours often lost il
useless messages-ong waiks-transcrbing letters
ooptnng mot dertSng) declsI atoms, pleas, replica
tons. SC. so 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
y plain and has Long ished Of th" popular and
serious error which has placed young men IN Offices
where little either oftbeoIy practice learnt This
surely Is not always the casebut is too often such
asmany depending students have found and others
| have been compelled to confess that they never
learned much of theory Of practice until after ueg
came to the bar but, at which tme il found very
uphill and atduOus work. and sometimes not accom-
pilshed even through a whole life Of toll. Doubtless
there are many noble exceptions 10 The correctness Of
these remarks but still, aver 1t az fact that my
experience has never made me acquainted With any
,,oing ld,ruer who IN candid Conversation was not
willing 20 confess that his legal education had been
very hap-hazard-and that praoiee any really val
liable and abiding extent, ~ the last thing a student
can ever hope tor IN practising lawyers Office
| After an extensive practice Of seven and twenty
wears IN all Of the courts and devotion to the inte-
rests lar students, dunng much of that period 1t NAV
not be too much to say that practice be lost
qht ofin this institution and that nothing but rechani-
cal narrooness Of egoi education unworthy f an en-
liphtened lawyer, could ever paronsc even the init
nation that such lnsti ution only adopted for
the incubation ofthe science and not Of the a of our
professional iutmatlon confined, doubtless, TO a
very few but which still, Is fatal TO the inte-
rests Of law students, and captivating TO unin.
formed parents and guardians aud 10 the ardent
student who u iabe % le too anxious 10 practice