The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-08
A CIRCULAR TO STUDENTS or LAW
IN THE UNITED STATES.


nued in successiu operation nearly eleven sesisi nav
ing recey. students from sieuea OF the Staies' ana
from Two foreign couniries OWING 70 snI
OF extensive Practice simultaneously WIN 'o ~
ties which the Institution involved resolved ia Tue
wear 1886 To abandon o ally the practice OF my ever
and long cherished profession, but also tue La" i"s
tuie and Tor health and ease sought Inc uiof" ssia
climates of Europe. Finding, al tn's timei my h'ah
perfectly restored and with u no abatement "ha.o'ei
of any zeal and devotion 10 that great soience when
in this county OF all others, needs TO DE mpod'e"y
and carefully suJied-and seeaing, moreover NOUS
trious and continued occupat'n 40 essential To haPi
ness in land that knows le resoi' cd 10 rec Ia
bIsh the Law Insttuion--and have selected I'hifa
dphia he place OF Ito location. Ia 30 toiag nave
thought bst city IN the nion affords sucb 'a us
and ample inducements for all the purposes OF Tue
Law Sutherland that Ia none con more worthy
economy be preserved aud yet with every requisite
comfort. .
The frequent Applications made TO me from DIS
lance the former OCCASION Ia regard to the Paftle-
uias OF my enterprise Induce me to anticipate similar
inquiries now--and Ia meet all such IN advance,
now address this Circular, as all that oier ia
explanation, and, probably, as all that may be roqu-
site.
The Institution, dedicated alone to law studies,
and their cognae and auxiliary topics, Is spacious
and beautiful bulding, n III South Fifth street,
suitable for the accommodation of about sixty stu
dents The rooms are all suitably fun shed, supplied
with extensive law and miscellaneous library
NTH precedentS Of practice IN every conceivable and APP
throughout the year--courses OF study and the re-
quisite books supplied, 80 as exactly to neei The
wants and of the student, According he may
design practice his profession ethei IN the country,
or in some Of the maritime cities The laws OF every
State in the Union in some degree d~elt upun--
practice is Constantly pleaded with heory-bUt the
deep and radical error of parents well OF students
is caIefuy AVOIDED aiudc 10 the to erroneous
ton that law students TO be made mere mechanical
atisuns-mere attorneys learniog practice By roie and
jealous Of tooh- ko,oiedge, being theo, stcai
This mischevous error must inevitably degrade the
science BOd pi,ession aud is gToss mistake since
no practising Attorney was ever good aud lasting 'ne,
who was not also deeply veIsed in the reasons and
theory Of the law. | therefore cannot acquiesce in,
and never will yield 10, the vulgar Of putting
practice before and above heory-it 10 an unnatural
inrersion Of the established der OF nalure-an igno
rant and sl0venly way OF urging young nen on 10 al
tenp's far beyond the powers OF the human mind
for The grounds and reasons of Tue science be mol
well known, the practice cannot be well known.
But tho error, To which | SO earnestly alIude, Is
fou ded upo' another, which is equally false aud
row. vz-that students can learu the practice only IN
practising lawyers Office On he CJntr. ~, gen
esa rule, II is he very last place in winch he ever
does, can learn the prncIceand this be made
extremely manifest Whit is practice distinguish
ed from theory? Take single example-and eI uno
disco The theory law point says to the
student if lends bis watch, ADD B sells IL, or re-
fuses TO return II, may bring what Is called
ton of IrDver and Conversion. Now ir0uer means
finding, and conversion means appfoprating 1t 10 his
own use and here again, The student learns two
other htOrettcai law pOnts-'z. that the GIld rg
now verbal fiction, not at all MATERIAL to be
prored-and secondly that the convei sion by the de-
frndsnt to his consists Ia the WITHHOLD
ing the property from the plaintiff, although IT should
be ever clearly proved that he in way USED the
property for himself for any purpose whatever but
10 withhold 1t from the plalntll.
Now ali this theory must be learnt AID good
deal more before ihr practice ColesaDd that prac
on the plaintiffs par consists Of thorough knowledge
OF he forms prete tensand the defendants part
of like knowledge to the formula of The pl,as
rejonders, &c. There are therefore books Of prece-
denis these books unfold every practical pToceeduE
Uhate,er, in every action known to the law--pro
gressisey from the importation Of the cri to the final
return upon The eree,dion These formula of write
returns 10 nces-bail--Impai 10 nee
- con,inaantes- ,mp4nneling of iurles -ria--e1-
cepions-yordict- judgment-ek gcuuon--r,,urn oil
execution-or, on the other hand, trisl--or APP
peal SC, &c.-are all set forth Ia The 'p,eeed MS 20
that, he VINO knows most of preoede Is, Knows most
of practice but suit these presidents cannot them
selves be unde rs,ood, without previous theoretical
knowledge The question, then, tse this
Cannot law student be well grounded ia sll Tie
pIccedents Lafo Ss1lsu, who never pT actsing
lawyers office ; AID why not On the contrary
cannot be learn far more OF practice by the JUDI
cous and careful study of all the formula when he
does Ia practising awSe oftcr) than by
writing, rather copying, ihoe SIMPLE and OCCASION.
al dec actions pleas &c, which The If office
assigns t. the STUDENT L. IL noe Uuformly the csse
that all really difficult and responsible business of this
Is done by tie master himself without reach
ing the eye Of The ludent-oT II It does only o. me-
chanicaliy copy IL Again: Who can DIET nguisi be
tween real suit In court and fictitious one ~ VIII ca
student prepares the Nut-anuther the return
another he deciaTuiipn- some other The q ca &c
until all the practical proceedings gone through
And hat prevents these students makbC a record OF
the whole then comparing all with g, rtifi,d re-
cord ION sone court Of Justice in a like action An
this surely may be done IN Law InsItutor-and far
tier more quiett-and with more time than In hus-
Offices, where mony precious hours often lusl ia
useless messages-ong walk anscr bing lttters-
COPING Quot deuising) declarations .Ieas, replica.
tons sc. ~ generally the sole workmanship q the
master of The office and very seldom that Of tie
udeat confess hat all this i TO my mind extreme
ly plain, and has long isied Of he popular and
serious which has placed young uen IN Offices
whore lle either oftheOry of practice learnt This
surely y not always the case but II too often such
amapy de-pondng students have found and as uthcrs
have been compelled TO confess, that they never
learned much of theory Of practice until after heu
came n, Bar but, at which tune It found YER,
uphill aud aIduous work, end sometimes accom-
pushed even Though whole life of toll Doubtless
there are many noble ptioEs 10 he correctness of
these remarks bot sill, aver il % feet that m,
experience has never made me acquainted with any
young airyer, who ~ candid cUnyersation was not
wiling confess that his legal education had been
very hal-hazardand bat practice 10 aby ne llly val
liable and abiding extent the last thing student
can ever hope tor IN practising lawyers office.
Aher an extensive practice Of seven and twenty
vcars IN all Of the courts and devotion To- the int-
rest, Of ldto Students, duung much Of tina, period may
not be TOO much to 10y that practice naver be hist
ightofn this institution and hat aol ing bu, r,echani-
cal ndrrolrnt, Of legal education, unworthy e ln en-
lilhoncd lawyer, could ever pstroBise the init
nation that such lnst uliun only adopted Tor
the incuc,on Of the science and not Of the art of our
ptofc-son-an animation confined, doubtless, TO a |
l.fs k.sh al - 81
formed parents and guardians aud 10 the ardent
student who j. so liable 10 be- anxious e. practice
before lie has submitted IN he tolls Of epnng ho,p