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

nu,d IN successful operation nearly esssn years hav
log received students from eiepen OF the States ana
from Two foreign countries. Owing TO 'he pressure
OF an exclusive practice, simultaneously WIN me uu
lies which the Institution involved, resolved ia the
year 1896 abandon not ally the practice OF my ever
and long cherished profession but also the Law lhsi
tute and for health and ease sought tue more esns
climates vi Europe Finding, al this Time, my heah
perfectly restored and wiih II abatement whatever
Of my zeal and devotion 10 that great heience which
in this oounty, OF all others, needs 10 be meihodeay
and carefully studied-and seeking, moreover, INDUS
trious and continued occupation, so essential 10 hap
ness in land thai knows ides resols cd 10 Ie-esta-
bsh the Law lnstlution-and have selected I'hila
depha The place OF tn location in DO dong nave
thought chat city ia the u MON 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 caions made 10 from dis
lance the former OCCASION in regard to the patic
ilars Of my enterprise, induce 10 anticipate similar
inquiries ncw--and to meet all such in edvance,
now address this Circular, as all that can offer IN
explanation and, probably, as all that may be roqu
site
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 ali suitably furn she'd supplied
with an extensive law and miscellaneous library
10Th preeedens Of practice IN every conceivable and APP
proved firm. Studens admitted at any time
throughout The year-courses OF study and the re-
quse books are supplied, So as exactly TO neet the
wants and views of The student, according as he may
design To practice his profession, either in the county
in some of the maritime cities The laws of every
State IN the Union in some degree dwelt upon
practice is constantly blended with heC,y-but the
deep and radical error OF parents, well Of students
is carefully avoided aiiude to the too
lion that law students 10 be made mechanical
art attorneys leaning practice by rote, and
jealous of book knowledge, being too theor scai -
This mschievous error must inevitably degrade the
science and profession, and is gross mistake, since
no practising attorney good and lasting one
who was not also deeply yeIsed 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 is an unnatural
Inversion OF the ablished order of naturean gno-
rant and sloveny way of urging young men on 10 at
tempts far beyond the powers of the human ind
for If The grounds and of the science be
well known, the practice cannot be well known.
But the error, to which | 50 earnestly allude, is
fou ded upoh another, which is equally false and
row, v'zthat students learn the practice only in
practising laacyers office! On The conlrery, gen
era rule, 1t Is The very last place in which he
does, can learn the praclice-and this be made
extremely manifest bat is practice as distinguish
Ell from theory? Take single eIample-and er ,u,o
dsce onlnes. The theory a law point says TO the
| iudeni if lends b his watch, and sells it,
fuses 10 return ii, may bling what is called
ton OF ITover and Conversion. Now irorer means
| finding, and conversion means appropriang Ia his
| own use; and here again, the student learns two
Jtbr- theoretical law poin,s-vz. thnt the find iig
now mere verbal fiction net at all material, To be
ptoped-and secondly, that the by the de-
ftniant TO his consists in the WITHHOLD
ing the properly from the plaintiff although should
be clearly proved that he in way used the
property for himself OF for any purpose whatever, but
| to withhold Il from the plaintiff
Now all this theory must be learn, and good
deal more before the practice comes-and that practice
on the plaintiff ar con Isis Of thorough knowledge
OF he forms pyeodenfs-and, the defendants part
OF the like knowledge to the formula OF the pleas
reoinders, &c. There are therefore, books Of precs
dents these books unfold every practical proceeding
whatever, in every action known t. the iaN-pro
gfessively from the impe ration of the prito the final
return upon the ereesuion. These formula Of wrlis
returns 10 writs -appesrances-bail-m aIances
-contlnuance pdunellng 81 Junes -trlal-oI-
ceptions-yerdict- JUDI ment-extcuton-return of
execution-or, on the other hand, trisl-or APP
peal &c, &c.are all se forth in the 'preeed MS so
that he who knows mo,t of precedents, knows most
OF practice but still, these precedenis them
selves he understood, without previous theoretical
know ledge. The question: then se into this
Cannot law student be well grounded in all the
pecedents. iaio setsu, who never saw a practising
yeT's office 7 And why not 7 On tho contrary,
cannot he learn far OF practice by the JUDI
cious and careful study of all the formula hich he
never does in practising lawyers Office than by
writing, OF rather copying, thoe simple and OCCASION
al dec ACTIONS pleas, &c, which the master If office
assigns to the sludentl IL ii unformly the case
that all really difficult and responsible bu sncss OF tins
sort is done by the master himself without reach
ing the eye Of the suden-or # It does, only {, me
chanicaly copy II Again: Who distnc uish be.
tween real suit in court, and fictitious one Ia which
one student prepares the wrIt-auother the return-
another The dec!araon-som other the pea &c
until all the practical proceedings gone through
And hat prevents these students making a record of
the whole, and then comparing all with certified re-
cord ON court OF justice in a like action All
this surely may be done IN Law lnsituton--and far
brttermore quiet i--and with tune than Ia bus
ne offices " here precious hours are of en- lost ia
useless mes sages-long walks-anscr hing letters
copying quot devisirg) declarations, pleas, replica.
tons &c. generally the sole workmanship the
master of the cfice, and very seldom that Of the
student confess that all this Ia my mind extreme
ly plain, and has long ised me of he popular md
serious which has placed young nen Ia Offices
where little either ofheoy Of practice is learnt This
surely - not always the cast but 1t too often such
asmany dsyondng students have found and as others
have been compelled TO confess, that they never
learned much Of theory practice until aer hey
came 10 the bar but, at which tmc, found very
u hill and sIduous work, and sometimes accom-
pshed even Though whole life Of toll Doubtless
there many noble rceptons 10 thc correctness OF
these remarks but still | aver 1t a. fact that nv
experience has never made me acquainted With any
young iacyer, who, 10 candid conversation, was not
willing 20 confess that his legal education had been |
very hap-hazard-and that practice 10 any really val
liable and abiding extent, IL the last thing student
can ever hope Tor IN practising lawyers office.
After an extensive practice Of seven and twenty |
years all OF the courts, and devotion 10 the ine-
rests Of a'c Students durng much Of that period may
not be too much to say that practice CO never be lost
light ofin this Institution and that nothing but meola,
cal narroloneS Of legal education unworthy # an en-
lishteDed lawyer, could ever palrobise the init
nation that such Inst utiop only adopted for
the incubation ofthe science and not Of the art our
profe, sion-an intmation confined, doubtless, 10 a
very few but Which still Is fatal to the int
rests Of law studeuts, and captivating TO unin-
formed parents and guardians and 70 the arden,
student who is 20 liable To be too snrous 10 practice
-. h. .a nh t..f h. n