The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-21
A CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

nued ia successful operation nearly eleven years hav
ing recev, udenis from eepes OF the States, and
| from Two foreign countries. Owing To the pressure
OF ex ensse practice, simultaneously with The du-
ties which the Institution involved resolved Ia the
year 1886 abandon mol y the practice OF my ever
and long cherished profession but also The Law lush
tutoi and for health and ease sought the more genial
climates of Europe. Finding a this unie, my health
perfectly restored and with II no abatement whatever
Of my zeal and devotion Ia that great science which,
ia this county of all Others needs TO be efhodieaHy
and carefully sudied-and seeking, moreover indus
trous and continued occupation, essential To hspp-
in land that knows tders reso cd Ia e-esta-
bIish the Law iDstulon-and have selected Phiia-
deihia as the place Of It's location. In DO doing have
thought that city IN the Union affords such various
and AMI pie inducements for all the purposts OF The
| Law Sutherland that in can more worthy
economy be preserved, aud yet with every requisite
| comfort.
The frequent Applications made TO from y dis
lance, The former occasion, in regard 10 the pdre-
ufars OF my enterprise Induce me to anticipate similar
| inquiries now--and, 10 meet all such in advance
address this Circular, all that | can offer ~
explanation, and, probably all that may be Tequi-
| site.
| The Institution, dedicated alone to law studies,
and their cognae and auxiliary topics, Is spacious
and BEAUTIFUL bu ldinP, N. III South Fifth street,
suitable for the accommodation OF about sixty stu
dents. The rooms are ali suitably fuIn shed supplied
with an extensive law and miscellaneous Library
,c precedsnts Of practice in every conceivable and ap-
proved firm. Siuden are admitted at any time
| throughout the year-courses OF study, and the re-
quisiie books supplied, exactly TO meet the
wants and views Of the student, according he may
design TO practice his profession either in the country,
or in some of the maritime cities. The laws of every
| State 10 the Union in some degree dwelt upon
practice is constantly blended with heory-but the
deep and radical ofparents, well of students,
is eiuy avoided allude TO the too erroneous
ton that law students TO be made mechanical
atisan-nere attorneys, learning practice by roie and
jealous of book knOeiedge as being too theoretical
This mlscbievous error must inevitably degrade the
science and profession, aud is eroes mistake since
no practising attorney was ever good and lasting ne,
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 iheory- is an unnatural
nrerson Of the established order of naiure-an gno-
rant and slovenly way of urging young men 10 at
tempts far beyond the powers of the human nind-
for if he grounds and reasons of the science be no,
well known, the practice cannot be well known.
| But the error to which | 50 earnestly aIude is
fou ,ded upoa another which is equally false and
row, vzihat students learn the practice only in
practising imcyers office! On the contT.ry, as gen
eral rule, II is he very last place in which he
does can learn the praclice-and this can be made
extremely manifest w hat is practice distinguish
ed from theory? Take single exanple--and uno
disco onnes. The theory law point says to the
student, if A lends his watch, and Il sells it,
| fuses TO return it, A may bring what is called
| ton of Trover and Conversion. Now irouer means
inding and conversion appropriatiog 1t to his
| own use and here, again, the student learns two
other theoretical law poinIs-vz. that the nd ng Is
now mere bal fiction not at all material tn be
proped-and secondly, that the conversion by the de,
i,ndant TO his otcn use consists ia the mere WITHHOLD
ing the properly from the plaintiff although shouj
be ever clearly proved that he IN way the
properly for himself OF for any purpose whsever bu,
| TO withhold At from the plaintiff.
| Now all this theory must be learnt aud good
de IN. nd
on the plaintiffs par,con lists Of a thorough knowedge
of he forms prectdns-and on the defendant part
the like knowledge 10 the formula of the pleas
jonders, &c. There are, therefore books Of prece-
dents these books unfold every practical proceeding
whatever, IN every action known to the law--pro
gressyey from the importation of the Urii to the final
| return upon the erecmion. These torD,uie of wris
returns 10 wrts-oppeararces- huil--in pan isnces
tnuances-mpannelling of juries -lrai-ox-
ceptiOns-yerdict- ludgmoni-ex, cution-retur of
| eXecuuon-oT, on the other hand new tridl--or APP
peal, &c, &c-ore all s,t forth in the ,weoed. MS so
that, he who knows most of prtctdeas, knows most
Of practice bu, STILL these precedenis them
selves be understood, without previous theoretical
know ledge The question, then resolv itself INTO the
Cannot law student be well grounded in all the
pfecedents iafo Stfisu who never a pr act,sing
lawyers oiicel AID why not 2 On the Contrary,
cannot be learn far more Of practice by the JUDI
cous and careful study of all the formula which he
never does in practising lawyers Office than by
whiting, rather copying tho,e simple and occasion
al dec artons pleas &C. which the ster Of office
assigns TO the siudentl T. il not uniformly the case
that all really difficult and responsible business of this
sort is done by the master himself without reach
ing the eye OF the sludent-or # IT does only 10 me
cbanically copy II Again: Who can dieting u,sh be
tween real suit IN court and fictitious IN which
| one student prepares the unt-aDother the return
| another he declarntiop- 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 rlifed
cord & ON some court of justice in like action All
| this surely may be done in Law Insuuton--and far
b tter-moTe quiet, and with more time than 10 bus-
ness offices here many precious hours are ofe lost ia
useless messages-'ong ~alks-iianscr bing letters
copying (not derising) declarations pleas, replica.
| tons &c generally the sole workmanship o the
master of the office, and very seldom that Of the
student confess that all this to my mind extreme
ly plain and has Long isied me Of he popular and
serious error which has placed young men IN Offices
where little either oftheVy or practice is learnt This
surely not always the case bat it is too often such
asnsny d,onding students have found and us others
| have been compelled 10 confess, that they never
learned much Of theory Of practice until after heg
came 10 hs bar but, at which time war found very
uphill and arduous work and sometimes not accom-
ti,shcd even through a whole life Of toll Doubtless
there are many noble exceptions TO he correctness OF
these remarks but still il az fact that nv
experience has never made me acquainted with any
young incyer who IN candid Conversation was not
wiling 20 confess that his legal education had been
very hap-bszard-and that practice to any really val
liable and abiding extent, - the last thing student
can ever hope Tor IN practising lawyers cfice.
After an extensive practice Of seven and twenty
wears in all sf the courts, and devotion 10 the int
rests ofido students, during much Of tina, period IL NAV
not be too much to say that practice never be lost
qht ofn this institution and that nothing but meehani-
cal narrornrss Of legal siuoaiion unworthy &, an en-
gbtcped lawyer, could ever latronise the inti.
nation that such lnsti utiun was only adopted for
the nculce,on ofthe cis"es and not of the uf Of
! professional intimaiion confined, doubtless to q
very few but Which still fatal TO the intc-
rests Of law students, and Captivating 10 unin-
formed parents and guardians aud 10 the ardent
student who IL liable To be too nrous To praoiio,
before he has submitted To the tolls Of knning hop