The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-05-17
| CIRCULAR TO STUDENTS OF LAW
IN THE UNITED STATES.

nued 10 successful operation nearly eleven years hav-
ing received students from eteoe oil the States anu
from two foreign countries. Owing To Tue pressure
of extensive practice, simultaneously WIN tne uu-
lies which the hesitation involved resolved, In the
year 1886 to abandon not ly the practice OF my ever
aud long cherished profession but also the La" i"s''
and for health and ease, sought the more genia
climates of Europe Finding al this time, my heath
perfectly restored and with II abatement whatever
of my zeal and devotion 10 that great science WHICH
in this county OF all others, needs To be nehodseaiy
and carefully studied-and seeking, moreover indus
trious and continued occupation essential To happ'-
ness in land that knows oilers resols ed TO fe-es,a-
bsh the Law lnstilution-and have selected I'htia
dephia The place of Ito location In 80 doag nave
thought that city in the Union affords such various
and ample inducements for all the purposts OF The
Law Sutherland that in none can more worthy
economy be preserved, and yet with every requisite
| comfort
The frequent app icatioDs made from dis
lance the former OCCASION in regard TO the prite
uirs of my enterprise, induce anticipate similar
inquiries now--aDd, To meet all such in advance,
now address this Circular all that can offer in
planatlon and, probably, as all that may be requ
| site.
The Institution, dedicated alone to law studies,
and their cognate and auxiliary TOPICS a.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 extensive law and miscellaneous library
% preeedents Of practice in every conceivable and APP
| proved form. Studtns admitted at any time
throughout The year-courses OF study, anu the re-
quslle books supplied, exactly to heet the
wants and views of the student, according AZ he may
design to practice his profession, elrhet in the country,
or in some of the maritime cities. The laws Of every
State In the Union are in some degree dwelt upon
practice is constantly blended with Meory-but the
deep and radical OF pares.s well of students
is Iefuy AVOIDED allude to the too
ton that law students 10 be made mechanical
a,iisansmere attorneys, learning practice by rote and
jealous of book knociedge as being too theoretical -
This mischevous error must inevitably degrade the
| science and profession, and is gross mistake since
practising attorney was ever good and lasting one,
who was not also deeply versed In the and
theory of the law. therefore cannot acquiesce in,
and never will yield TO- the vulgar Of putting
practice before and above theory-it unnatural
of the established order of naiure-an cno.
and sloveny way of urging young men on 10 at
| tempts far beyond the powers of the human ind
for If he grounds and of the science be
well known, the practice cannot be wei! known
But the error Ito which | earnestly allude, is
fouIded upoh another which is equally false and
row, What students learn the practice only in
practising lawyers office! On The contrary, gen
era rule, 1t Is he very last place in which he ever
does or can learn the praclice-and This can be made
extremely manifest w hat is practice as dstng uish-
| ed from theory? Take a single example-and er uno
disco The theory law point says TO the
student, if lends b his watch, and sells it,
fuses to return ii, may bring what Is called ac
ton of Trovor and Conversion. Now froper means
finding, and conversion means appruprialing II TO his
| own use and here again, the student learns two
other theoretical law points-viz. that the finding Is
now verbal fiction not at all material or to be
proped-and secondly, that the conversion by the DE-,
iendant to his consists III the WITHHOLD
ing the properly from the plaintiff although 1t should
be clearly proved that he IN way the
property for himself for any purpose whatever but
to withhold It from the plaintiff
Now all this theory must be learnt and a good
deal before the practice comesand that practice
| IA oil a Wleuu
of he forms preodents-and, the defendants part
ofhe like knowledge TO the formula of the pleas
rejonders &c. There are, therefore books of prece-
dents these books unfold every practical proceeding
whatever, in every action known to the law-pro
gressively from the importation of the Drt TO the final
return upon the erecuton. These tormule of wriis
returns 10 writs-appeara observation-disclosures
ACKNOWLEDGEMENT of jures -rial-ex-
ceptons-verdict- JUDI ment-e1, cuon-return of
execu,ion-or, on the other hand, trial-or APP
peal &c &c.-srre all set forth in The fpreced so
that he who knows most of precedent, knows most
of practice bat still, these preeedens them
selves be understood without a previous theoretical
know ledge. The question then reso into this
Cannot a law student be well grounded in all the
plecedents, iaio setsu, who never a practising
lawyers Office And why not : On the contrary,
cannot he learn far more of practice by the JUDI
cous and careful study of all the formula " hich be
never does IN practising lawyers ofiice) than by
writing rather copying, those simple and OCCASION
al declarations pleas, &c, which the Of office
that all really difficult and responsible business Of this
sor is done by the master himself without reach
ing The eye Of the sudent-or, Il II does only to me
chanically copy ii 2 Again; Who distinguish be.
tween real suit in court and fictitious one in which
one student prepares the wrt-anuther the return
| another The 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 rlifed
cord Fl ON court OF justice IN like action All
this surely may be done Law Insiituton-and far
uer-more quiet, And with more time than IN busi-
offices where many precious hours ofsn lost ia
useless messagef-.ong ~alks-Iianscr bing l,tters-
coming (not depising) declarations pleas replica.
tons, sc. so generally the sole workmanship o. the
master of the office, and very seldom that Of the
student | confess that all this is To my mind extreme
ly plain, and has long isfed me of he popular and
serious error which has placed young men IN Offices
where little either ofheory Of practice learnt This
surely l. not always the case-bu IL too often such
as'many d,yondng students have found and as olhers
have been compelled TO confess that they never
learned much theory ofpractice until after they
came 10 N. bar but at which time it found very
I'D hill and arduous work, and sometimes not accom-
pished through whole life of toll Doubtless
there are many noble exceptions to he correctness of
these remarks but still ! aver fact, that my
| experience has never made acquainted With any
young Lo,cyer, who in candid Conversation was not
willing 20 confess that his legal education had been /
very hap-hazsrd-a that practice any really val
liable and abiding extent, ~ the last thing student
| can ever hope Tor IN ndeuSthg lawyers thice.
After an extensive practice of seven and twenty |
wears IN all Of the courts and devotion TO the ine-
rests Of lar students during much Of that period may
not be too much say that practice can never be lost
ighto fin this Institution and that nothing but mectan
cal narro1noss Of legal education unworthy e an en-
lightened lawyer could ever patronise the init
nation that such Institution only adopted for
the Incubation of the science and not Of the of our
profe, son-an intmatlon confined, doubtless TO a
very few but which, still is fatal the int.
rests Of law students, and captivating 10 unn-
formed parents and guardians, aud 10 the ardent
student who is so liable TO be too anxious to practice
before he has submitted To the tolls Of learning ho,o