The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-06
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

"A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.
TN tho year lc.i under the auspscss 81 on,sc,
siy OF Maryland. sss bli-hed In the cay o' pal
simuss Law School, under the dsnomin~sa"" vi we
Maryland Law Institute This esss blIshmens con'i-
nusd Ia Successful operation nearly eleven years hsv
ing receives s,udeoss from eere. vi the esss~s ana
from foreign countries. Owing 10 tue pressure
of extensive practice simultaneously Win 'ns uu-
ties which The Institution Involved resolved, IN '"e
year 1886 abandon ally ths practice OF my ever
aud long cherished profession but also the Law Inst
tute aud fr health and ease sought the more Renisi
climates VI Europe Finding at this time, my hra'h
perfectly stored, and with II no abatement "hse'sf
Of my zeal and devotion that great science which
in this country, of all others nesis TO be nuthodeay
aud carefully studied-and seeking moreover, mus
trious and continued occupation, essential 10 hsPp
in land that knows ideTs TO re-e-ia-
hish tho Law lnsttuiion-and have selected i,"''a'
dePha ~ he place Of its location In so dong nave
though, 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. taF
The frequsn, app calions made to me from dis
lance on the former occason in regard to the pdrftc
ua,y Of my enterprise, induce me to anticipate similar
INQUIRIES now---and 10 meet all such in advance,
now address this Circular, all that can offer ~
expansion, and probably, as all that may be requ
site. f4.s.Ir
The Institution, dedicated alone to law studies
and their cognale and auxiliary topics, ~ spacious
aud beautiful building, N. M South F'fth street,
suitable for the accommodation Of about sixty stu
dents. The all suitably fun shed, supplied
with an extensive law and miscellaneous library
riM precedents Of practice in every conceivable and APP
proved firm. Studens are admitted at any time
throughout the year-courses OF study, and the TO-
quisle books are supplied, 50 as exactly to sect the
wants and views OF The student, according he may
design practice his profession eer in the country
or 10 some Of the maritime cities The laws of every
State w the Union are In some degree dwelt upon
practice il constantly blended with Mecry-but the
deep md radical of parcn well Of students
is carefully AVOIDED aiiude to the tho
ton tina, law students to be made mechanical
arfsans-Inere atorne learning practice by rote, and
jealous of ook-kno,ctedge, being too heorsiicat -
This miscbievous error must inevitably degrade the
science and profession, and is gross mistake, since
practising attorney was ever good and lasting ne,
who was not also deeply versed in the and
theory Of the law. | therefore cannot acquesce in,
and never will yield to, the vulgar error Of putting
practice before aud above theoryit is unnatural
nrcrson Of the established order Of naiure-an igno-
rant and slovenIy way of urging young men on 10 at
t-n'pls far beyond the powers Of the human mind
for # the grounds and of the science be not
well known, the practice cannot be we'll known.
But the error, to which | so earnestly alude, is
ou ded upoi another which is equally false and
row, vzthat students learn the practice only in
practising lawyers office! On the conI, ~ ss gen
era rule, Is The very last place in which he ever
does or can learn the pracliceand this be made
extremely manifest What is practice distinguish
cd from heory3 Take single example-and IL uao
disco fhe theory or q law point says to the
STUDENT if lends bis watch, and sells it, or re-
fuses To return it, may bring what is called
ton Of Trovsr and Conversion. Now iroYer means
hndng, aud eonusrssoa means appropriating 10 his
own use; and here again, the student learns two
other Aeorsticai law poinlsvz. that tho find NJ il
now mere verbal fiction, not all material or to be
prortd-and secondly, that the conversion by the de-
ttndan TO his orn consists in the WITHHOLD
ing the property from the plaintiff although it should
be ever 20 clearly proved that he in way the
property for hinsc for any purpose whatever but
to withhold il from the plaintiff.
Now all this theory must be learnt and good
deal more before the practice comesand that practice
on the plaintiff part lists Of thorough know ledge
OF he forms or prtcedeasand the defendant part
of the like knowledge TO the formula Of the pleas,
reoinders, &c. There are therefore books Of prece
dents these books unfold every practical ptocerdinp
whatever, IN esery action known to the law--pro
gresslveiy from tie Importation of the ,crt 10 the final
return upon The ertciaion. These formula of wrs
returns TO wriis-appeafar Observation-Disclosures
continuance s--impanneing Of juries -Iral--eI-
cspiions--yeTd'ct-Ju dgment-eXsculion-ret Of
execution--or, on the other hand trial-or APP
peal &c, &c.-are all set forth in the peced MS so
that he who knows most of precedenfs knows most |
Of practice but still, these preceen,s cannot them
selves be understood, without previous theoretical
knowledge. The question, then resolves itself this
Cannot a law student be well grounded in all the |
peeeden,s, iafo sensu, who pr aciising ]
lawyers office And why not On the contrary, |
cannot he learn far of practice by the iud.- |
cious and careful study OF all the formula (which he
does In practising lawyers ofice) than by
wiling, OF rather copying, lho,e simple and oceasion
al decla tons, pleas Ac, which the Of Office
assigns the STUDENT l. il not uniformly the c. So
that all really difficult and responsible business of this
sort is done by the master himself without reach
ing The eye OF the sudent-or, II II does only to me
chanically copy Again: Who eau distinguish be. |
tween real suit in court, and fictitious one IN which
one student prepares the ~nt-aDOther the return
another the declaraion- some other the y ca, &c /
until all the practical proceedings are gone through
And hat prevents these students making record OF
the whole, and Then comparing all with c. rfed re-
cord flom court Of justice in a like action All
this surely may be done IN Law nsliiution-and far
tief-more quiet ,-aDd with time than in busr
ness offices where many precious hours often lost H.
useless nessages-'ong ~alks-,ianscr bing letters
coming (no derising) decIa atoms, pleas replica
toms. &c. SO generally the sole workmanship OF the |
ma.tr Of the office, and very seldom that Of the
siudent confess that all this Is mind extreme
ly plain and has long sfed of the popular and
serious error which has placed young Offices, |
whore little either oftheory ofprscllce is learnt This
surely Is not always the but il is too often such
asinany despondng students have found and as othcrs
have been compelled TO confess, that they never |
learned much oftheory of practice until alter they
came 10 The bar but at which time IT found very
no hill nd srduous work, and sometimes not accom-
pishcd even through whole life Of toll Doubtless |
there arc many noble exceptions TO he correctness of
these remarks bot still aver il az fact, that my
experience has never made me acquainted with any
young laryr, who, IN candid conversation, was not
xl,np 20 confess that his legal education had been
very hap-hazard-end that practice 10 any really val
liable and abiding extent ~ the last thing student
can ever hope Tor IN practising lawyers ciiiec.
After an extensive practice OF seven and twenty
wears in all Of the courts and devotion the infe-
rests Of lao Students during much OF that period may
not be much TO say that practice be lost
igh ofn this institution and that nothing bu, peoani
cal naro,rne Of legal education, unworthy ,f an en-
u rbteped lawyer could ever pa,ropse the init
nation that such an Institution only adopted for